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06/19/1978 - 5413PETER FLEMING ADMINISTRATIVE ASSISTANT REGULAR COUNCIL MEETING JUNE 19, 1978 � - � .. 144 THE MINUTES OF THE REGULAR MEETING OF TNE FRIDLEY CITY COUNCIL OF JUNE 19, 1978 The Regular Meeting of the Fridley City Council was called to order at 7:42 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilman Fitzpatrick, Councilman Hamernik, Councilman Schneider and Councilman Barnette Members Absent: None APPROVAL OF MINUTES: RE6ULAR MEETING, JUNE 5> 1478: Page 7, 3rd paragraph from the bottom, correct the minutes to show it was Mr. Elliott Saliterman who was present at the meeting. Page 9, 2nd paragraph from the boitom, 3rd line: Eliminate the words "side- walks to" and substitute "children walking on the street on". MOTION by Councilman Hamernik to approve the minutes as amerrded. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee de- clared the motion carried unanimously. ADOPTION OF A6ENDA: � Mr. W,yrnan Smith presented a resolution for the Council's consideration to correct the date of incorporation, shown on a county map, as December 18, 1950 and the legitimate date of incorporation for Fridley should be June 9, 1949. Mayor Nee also asked an item be added to receive and award bids for the sale of Lots 43 and 44, Block 12, Springbrook Park Addition. MOTION by Counciiman Barnette to adopt the agenda with the addition of the resolution presented by Mr. Smith and the item regarding the bids for Lots 43 and 44. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARINGS: . 1978-1 � HUUt(VUUh7 #f,i UfV1VtKJ11Y HUtIVUk WtJI JtKVlt,t KUHU tKUln 5bU" JUUItt Ur tS.sKU AVENUE TO 81ST AVENUE AND FROM 83RD AVENUE TO 85TH AVENUE: , � MOTION by Councilman Hamernik to waive the reading of the Public Hearing i' , Notice and open the Public Nearing. Seconded by Councilman Schneider. 1� UpoR a voice vote, a]] voting aye, Mayor Nee declared the motion carried ' ' unanimously and the Public Hearing opened at 7:46 p.m. ! Mr. Sobiech, Public Works Director, stated this improvement is for the ; University Avenue West Service Drive between 81st and 85th Avenues. He stated the street would be of nine ton industrial, corrrr�ercial design; 36 ; feet wide, with concrete curb; and the estimated cost is $54.90 per lineal foot. � o� 1�:5 ;y � REGULAR MEETING OF JUNE 19, 1978 Page 2 Mr. Sobiech stated the public hearing was scheduled as a result of a petition received for the improvement by Uiking Chevrolet, fie then presented a sketch which showed the proposed a]ignment of this service drive. Mr. Sobiech stated, in order to insure proper alignment of the streets, the City has been working with the City of Coon Rapids in conjunction with development north of 85th Avenue. Mr. Jim Jachymowski, representing the YMCA, requested an explanation on how the road would affect their property. Mr. Sobiech stated the east/west portion of the service drive would be on the south property line of the YMCA and the north property line of the Viking Chevrolet site. Councilman Fitzpatrick stated a member of Fridley's Environmental Quality Commission has asked him to read the following statement for the minutes. "The "Mandatory Planning Act" of the State provides the option to local government to place a moratorium on development in an area where the desire for more comprehensive planning with such issues as environ- mental planning would be jeopardized by approval of the development. The land between North Park and University Avenue, therefore, shall be placed in moratorium for a period of one year. In the interim, the City shall review and revise the pianning in the area, and develop model ordinances "Environmental Site Pianning" and "Environmental Overlay Districts" and whatever other environmental protection ordinances are necessary, to avoid property damage and may be applied in a compre- hensive way. Retaining present zoning and adding environmental protection overlays will avoid serious property damage in the future. Developers shall be required to demonstrate that the proposed property development will not increase the totaT volume, runoff rate, time to peak runoff rate or shorten the overall runoff, or decrease the natural rate of absorption of storm water. Mr. John Hoeft (291-6450), Staff Attorney for the Metropolitan Council is available to assist the City Attorney, Mr. Virgil Herrick, in the legal development of environmental protection ordinances". Councilman Fitzpatrick stated the Environmental Quality Commission will be meeting and requested this public hearing remain open for their input. Councilman 8arnette asked if the statement was from Ms. Sporre or the Comnission as a who1e. Councilman Fitzpatrick stated the statement was from Ms. Sporre and she asked this be included in the minutes as part of the public hearing record. Mr. Sobiech pointed out that, with this proposed improvement of the service drive, it would require some relocation of existing structures at the golf driving range. fhe owner of the golf driving range was not present at the public hearing. The petitioner for the improvement, Viking Chevrolet, did not have any representative present at the hearing. Councilman Barnette asked if there were any plans in the imnediate future for the YMCA to develop their property. Mr. JachymaHSki stated at this time, they do not have any development plans for the immediate future. i�. ! 146 REGULAR MEETING OF JUNE 19, 1978 Page 3 Councilman Schneider asked what portion of the service drive was petitioned for by Viking Chevrolet. Mr. Sobiech stated they petitioned for extension of the service drive past the House of Lords establishment and their own property and indicated they would like the service drive extended to their property north of 83rd. Mayor Nee pointed out the YMCA would be assessed about $97,000 and felt this was incredible when they didn't request the extension of the service drive. Mr. Sobiech stated the City is working with Coon Rapids in develop- ment of the street patterns and trying to minimize the existing confiict. Mr. Jachymowski asked if any alternatives were considered or if the street pattern had to be as proposed. Mr. Sobiech stated, when the City contacted the YMCA representative, there was discussion that the alignment would coincide with the Coon Rapids develop- ment and would swing perhaps west in an alignment with Main Street until it was in line with the Y's east/west boundary. Mr. Jachymowski asked who was contact2d at the YMCA. Mr. Sobiech stated it was the Eastside branch and Mr. Jachymowski stated the downtown office should be contacted. Mr. Jachymowski stated, as proposed, he would object to this extension and that the YMCA would have to have more input. Mr. Dick Harris, 6200 Riverview Terrace, asked if the YMCA was on the tax ro]]s. Mr. Jachymowski stated it is not on the tax rolls as they have particular purposes they use the land for. MOTI01� by Councilman Hamernik to continue the public hearing on this im- provement until July 10, 1978. Seconded by Councilman Schneider. Upon a voice vote, aTl voting aye, P9ayor Nee declared_the motion carried unanimously. PUBLIC HEARING ON IMPROVEMENT: STREE7 IMPROVEh1ENT PRQJEGT ST. 1978-], MOTION by Councilman Fitzpatrick to waive the reading of the Public Hearing Notice and open the Pubiic Nearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 8:02 p.m. Mr. Sobiech, Public Works Director, stated this hearing covers improvement of the a11ey between 58th and 54th Avenu2s and between 2-1/2 and 3rd Streets. A petition for the improvement was received from property owners in the a rea . Mr. Sobiech stated the estimated cost for this improvement is $3.61 per front foot. Mr. Sobiech stated it appears there are some structures that are right at the property line, therefore, there may be only two or three feet between the alley section and the structures. He stated this would be no problem, however, with easements or drainage. Mr. Ray Bakke, 5849 2-Z Street, questioned the type of construction for this alley, and pointed out that now it is all blow sand. Mr. Sobiech stated it would be built to a 5 to 7 ton section and stated the ' blow sand is quite a good base material, if it is combined with some gravel ' materiai. Mr. Sobiech stated there would be a two inch asphdit surface. l.- - Mr. Bakke asked about just adding more gravel to the alley. Mr. Sobiech stated the policy, when making an improvement, would be to bring the alley up to proper standards and design. � ^ ! 147 . � ;' RE6ULAR MEETING OF JUNE 19, 1978 Page 4 Mr. Bakke felt there should be at least a six inch base and four inches of asphalt. Mr. Sobiech pointed out other alleys in the City have been constructed with the same standards proposed for this alley and the City has had no problems. Mr. Bakke stated his concern was that it be constructed properly in order to handle the truck traffic. The following persons indicated they were in favor of the alley improvement: Ronald Newland, 5841-22 Street Albert Campbell, 5840-3rd Street Elmer Gabrelcik, 5845-22 Street Edward Dobie, 5£313-2'-2 Street Martin Dykhoff, 5810-3rd Street Jeanet Leader, 5851-2'2 Street Thomas Thompson, 5846-3rd Street MOTION by Councilman Fitzpatrick to close the Public Hearing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 8:22 p.m. Mr. Sobiech stated, because it would be three weeks before another Council meeting, the resolution calling for this improvement is included on the Council's agenda this evening. Mayor Nee state�, if there were no objections from the Council members, he would consider the resolution at this time. RESOLUTION N0. 54-1978 ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIi AND ESTIMATES OF THE COSTS THEREOF: STREfT IMPROVEMENT PROJECT 5T. 1978-1. f MOTION by Councilman Fitzpatrick to adopt Resolution No. 54-1978. Seconded � by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee � declared the motion carried unanimously. OLD BUSINESS: CONSIDERATION OF A REQUEST FOR SPECIAL USE PEfU1IT, SP #78-05, BY BENNIE ROZMAN: 8031 BEECH STREET N.E. TABLED 6/5/78 : Mr. Rozman appeared before the Council regarding his request for a special use permit in order to locate a discotheque center in an industrial zone. Mr. Rozman stated it seems he is having problems with Park Construction and Advance Heating, as he has contacted a few other people in the area, where he is proposing to locate the disco center, and they have no objections. Mr. Rozman stated several Council members had come out and observed their operation at the Eagan disco center, and he felt they were sat3�sfied re- garding some of the objections raised; mainly, traffic and vandalism. He stated he believes the Council members found the Eagan operation to be run in an orderly fashion and as far as vandalism, it doesn`t exist. Mr. Rozman stated he still takes the position that he feels this is the best location for the disco center. Mayor Nee asked Mr. Rozman if they would be interested in building at another site in Fridley. Mr. Rozman stated he felt he didn't want to get involved in a commercial area. He stated, if the disco center didn't go, he wanted to be able to convert to another operation and in a commercial zone, he would be limited to a one purpose building. Mr. Alex Barna, Vice-President of the Fridley Teen Center, stated what Mr. Rozman is proposing is what is now being done at the Junior High with i � � ' � ��� REGULAR MEETING OF JUNE 19, 1978 Page 5 teen dances being held. He stated these dances are attended by about 325 teenagers. He stated they have had three incidences of minor vandalism. He felt the discotheque would give the kids in this area something to do. Mayor Nee asked if this request of Mr. Rozman's had been before the Appeals Commission, Mr. 8arna stated the Appeals Commission was not involved in the request for the special use permit, however, speaking as one member of the Appeals Commission, he would be in favor of the discotheque at this location. Mr. Dick Narris, Chairman of the Planning Commission, stated the Corimission felt the idea was good, but that it should be located in another area. He stated this was the Commission's reason for recommending denial of the special use permit. Mr. Harris stated his own personal feeling is the same and that the location for this type of use belongs in a commercial area. He pointed out, when there is commercial property within two blocks of this location, he could- n't see the reason for locating the disco center in an industrial zoned area. Mr..Harris stated, if the Council was so inclined, they could put a mora- torium on this particular use while the Council, Planning Commission and staff look into the whole area of recreational uses in an industrial area. Mr. Robert Schroer, 490 Rice Creek Blvd., stated he is not against the concept of a disco center. He stated his particular business is on the fringe of the area and felt the concern of Park Construction was the vandalism. He thought perhaps, as the property develops, there wouldn't be the problem of vandalism. Mr. Rozman felt the big issues were the traffic problems and vandalism and stated they do not exist at their operation in Eagan, and felt it would hold true at this location. Mr. Harris, stated not speaking as Chairman of the Planning Commission, but representing his tenants> he talked to them about the proposed dis- cotheque and about ha]f had no real comment and the others were concerned about vandalism. Councilman Hamernik stated he received two phone calls today regarding this issue. Mr. Ken Styes of Styes Manufacturing expressed concern and indicated he would not like to see the discotheque in the area. Council- man Namernik stated, Mrs. Mittelsteadt left a message and was support9ve of not allowing the discotheque in the area. Councilman Hamernik stated he is not opposed to the concept, but felt the property owners in the area, who are objecting, have made a substantia7 investment and didn't think the City �ould entice business if they made it a practice of changing the makeup of the area and deviating from the plan for the area. Councilman Schneider stated originally, when they were discussing this item, ihe primary objection was the location and destruction of the character of the area. He stated the comments referred to this evening in , particular have veered towards the vandalism question. Councilman Schneider stated, in his mind, even if the disco center was located in a commercial area, there would still be the same risk on vandaTism. Mayor Nee stated the way this industrial area has been developed, there �� are a lot of "nooks and crannies" where explosives are exposed, tanks i; full of LPG and a number of structural problems that make it hard to � control. He stated, in another area, you probably wouldn't have that same type of patrol problem, and felt the hazards are greater in this ' particular area. i Councilman Schneider asked if this operation would be operated in the � same manner as the Eagan disco center. i , I- --- ---- - --- ...__. __ _-------- ----- _ __ _ _- --- _ _____..: _ _ _ _- --- --_--- ..__- ------- � � REGULAR MEETING OF JUNE 19> 1978 Page 6 1�� Mr. Rozman stated it would be operated far better and improved. Mr. Dick Harris asked who would be the person responsible for the operation. Mr. Rozman stated._in the beginning, he would operate it with his partner until it is established, then he would hire competent people to run the discotheque. - A gentleman in the audience stated he is considering a location, next to the proposed disco center, to build a warehouse and didn't feel the loca- tion attracts vandals. Mr. Harris pointed out that whenever a special use permit is issued, it is issued to the property and remains with the property, irregardless of the fee awner or tenant. He stated Mr. Rozman may do a fine job of operating his business, however, if he wants to sell, he is within his rights and the special use permit remains with the property. Mr. Roanan stated, in answer to Mr. Harris' comments, he believed anyone who might buy the business would have a large investment and he felt any- one with that capital outlay, wouldn't be a bad operator. MOTION by Councilman Hamernik to concur with the recommendation of the Planning Commission and deny SP #78-05 for the following reasons: (1) the proposed commercial use is not compatible with the City's industrial plan for the area; (2) the proposed use is not compatible with existing uses in the area; (3) the proposed use would have the potential of causinq a nuisance to the existing property owners in the area because of the likelihood of trespassing, vandalism, litter deposits, etc.; (4) the amount of police supervision necessary for the•proposed operation at this location would be an undue burden on the Police Department from the standpoint of manpower and cost; and (5) the proposed opera�ion at this location would potentially create a safety hazard for children walking to or from the site. Seconded by Councilman Barnette. �- Councilman Barnette stated he felt this was the most difficult item that has come up since he has been on the Council. He stated, being a high l, school counselor, his philosophy is that most kids are good. Councilman Barnette stated he talked this over with his own kids and they are 100% in favor. He stated he agonizes over the fact that he is going to vote against the discotheque, however, he feels a loyalty to the citizens of Fridley as he was elected as their representative, and not as a high school counselor. Councilman Barnette stated he would like to see the discotheque'in Fridley and wishes he would build it in another area. Councilman Fitzpatrick stated the on1y position he can base a vote for denial on is that it does seem incompatible with the area. He stated he didn't feel the traffic is a problem and this reason was not included in the motion. Councilman Fitzpatrick stated he hoped Mr. Rozman could find a site to build in Fridley and feels there is a need for something like the disco center. Councilman Schneider stated he shared the thoughts of both Councilman Barnette and Councilman Fitzpatrick. He stated he would suppart the motion primarily on the first two points regarding incompatibility. He stated he is not convinced the discotheque would be creating a nuisance in the area, an undue burden on the Police Department, or a safety hazard for children. Councilman Schneider felt there is a need for such a facility in Fridley, if Mr. Rozman could find another area. He stated he was very impressed with the operation in Eagan. Mayor Nee stated he shared Councilman Barnette's feeling and hoped Mr. Rozman could find another site in Fridley. Mr. Rozman stated he could understand the Council's position and thanked them for their time and effort in considering this request. UPON A VOICE VOTE TAKEN ON THE M�TION, all voted aye, and Mayor Nee declared the motion carried unanimously. I 1 5 0 REGULAR MEETING OF JUNE 19, 1978 Page 7 CONSIDERATION OF AUTHORIZATION FOR EXECUTION OF AGREEMENT WITH THEODORE BURANQT: MOTION by Councilman Schneider to waive the second reading of the above ordinance and adopt it on the second reading and publish, and to author- ize the execution of the agreement with Theodore Burandt. Seconded by Councilman Barnette. Mr. Burandt pointed out that there is a contract for deed remaining on the property and the fee owner, Don Bratt> is required to sign the agreement and wondered if this was necessary. Mr. Sobiech, Public Works Director, stated the reason the recording of the agreement or document is necessary was because of the unusuai nature of the rezoning. He stated the Council is not rezoning a vacant piece of property, but the parcel does have an existing structure. Mayor Nee asked if the City could enforce the provisions, without the agreement. Mr, Sobiech felt they could, but with the agreement, there would be a complete understanding of what has to be done. Mr. Herrick, City Attorney, questioned whether the fee owners, Donald and Vivian Bratt, had signed the application for rezoning. He stated anytime there is an application for rezoning, where there is a fee owner and contractor> both must sign it and assumes this has been done. In checking the rezoning application, it had not been signed by the fee owner, therefore, with permission of his seconder, Councilman Schneider withdrew his motion. Mr. Herrick stated the agreement could be approved subject to obtaining the signature of the fee owner, with the understanding that even though Mr. Burandt proceeds with the improvements, rezoning will not be completed until he has the signature of the fee owner. MOTION by Councilman Schneider to authorize the execution of the agree- ment with Mr. Burandt, subject to him either becoming the fee owner or acquiring the signature of the fee owner. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to table until July 10, 1978 the second reading of the ordinance for zoning ordinance amendment ZOA #78-03, by Theodore 8urandt, to rezone from R-3 to CR-l; 941 Hillwind Road N.E. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE N0. 680 AMENDING CHAPTER 18 OF THE CITY CODE OF FRIDLEY BY RDDING CHIMNEY SWEEPS TO THE �IST OF SPECIFIC TRADES REQUIRTN6 LICENSES: MOTION by Counciiman Fitzpatrick to waive the second reading of Ordinance No. 680 and adopt it on the secand reading and publish. Seconded by Councilman Hamernik. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE N0. 681 UNDER SECTION 12.06 OF TNE CITY CHAR7ER OECLARING CERTAIPd REAL ESTATE TO BE SURPLUS AND RUTHORIZING THE SALE TNEREOF: MOTION by Councilman Schneider to waive the second reading of Ordinance No. 681 and adopt it on the second reading and publish. Seconded by ' Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee � dec]ared the motion carried unanimously. NEW BUSINESS: RESOLUTION N0. 52-1978 A RESOLUTION ADVISING ANOKA COUNTY OF TNE DATE OF THE MUNICIPAL INCORPORATION OF THE CITY OF FRIDLEY ' MOTION by Councilman Schneider to adopt Resolution No. 52-1978. Seconded by Councilman Barnette. Upon a voice vote, al] voting aye, Mayor Nee declared , the motion carried unanimously. �� � 1. REGULAR MEETING OF JUNE 19, 1978 AL OF FI � Page 8 PRELIMINARY SUBDIVISION P.S —__a__.___ ----_-- - . i 151 I' i 78-02, CK ON Mr. Sobiech, Public Works Director, outlined the stipulations regarding approval of this plat and stated Mr. Harrier concurred with these stipulations. Mr. Walt Harrier, Jr., petitioner, appeared before the Council and stated he agreed with the stipulations, but didn't see the need for the cul-de-sac. He presented the plan to the Council and stated, in order to have the cul-de-sac, he would have to take out a lot of trees. Mayor Nee stated he could see Mr. Harrier's point and personaliy felt they should try and avoid the cul-de-sac in this situation. The staff suggested that the petitioner work with the City for an alternative appropriate access that is acceptable with the Fire Department. MOTION by Councilman Fitzpatrick to concur with the recorr�nendation of the Planning Commission and approve the final plat, preliminary subdivision P.S. #78-02, Harrier's First Addition, by W. J. Harrier, Jr., located in the 6400 block on the West side of Riverview Terrace N.E., subject to the following stipulations: (1) Drainage plan which indicates impact on surrounding property must be submitted to City for review and approval; (2) Utility and drainage easements should be shown along lot lines; (3) Cul-de-sac or other appropriate method approved by the Fire Department for access should be provided to insure adequate ingress and egress for Fire Department vehicles; (4) Plans and specifications for sanitary sewer and water must be submitted for review and approval; (5) Park fee in the amount of $300 per lot must be paid; (6) Engineering escrow must be paid to the City to cover expenditures in the review of utility plans and specifications and inspection of construction; and (7) Appropriate covenants must be filed with the plat indicating property owner's responsibility to maintain private street and the sanitary sewer and water systems. Seconded by Councilman Hamernik. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 7, 1978: 1. EAST RANCH ESTATES 4TH ADDITION, PRELIMINARY PLAT P.S. #78-04, ROBERT SCHROER: MOTION by Councilman Hamernik to set the public hearing for July 17, 1978. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2. GERALD G. JONNSON, REZONING REQUEST ZOA #78-05, 1145 MISSISSIPPI STREET: Mr. Sobiech, Public Works, Director, stated the petitioner has requested a delay in the public hearing until August 21, 1978, instead of July 77, 1978. MOTION by Councilman Schneider to set the public hearing for August 21, 1978. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. ENERGY PROJECT COMMITTEE: Mr. Harris, Chairman of Planning Comnission, appeared before the Council regarding this request for part-time administrative staff and secretarial help for the Energy Project Committee. Mr. Qureshi, City Manaoer, stated the policy has been to provide staff and secretarial help at the Cornnission level. Mr. Harris stated they are not too concerned about staff help, but felt secretarial help was needed in order to maintain records of the discussions. Councilman Schneider stated he thinks every project committee is important and when you have citizens volunteering their time, felt some minimal support ^' � 1 5� REGULAR MEETING OF JUNE 19, 1978 Page 9 should be given, however, if secretarial help was supplied for every committee there would be a problem. Ne felt this should be looked at as a policy item and not just a single request. Councilman Fitzpatrick felt it should be kept in mind that the Energy Committee was a request on the part of the Council to look at energy problems. He felt he could support the request at this time and then consider the item as part of the budget consideratfons when they come before Council. Mayor Nee felt, in the field of energy, it is a process which goes to the heart of the people's l�festyle and would agree the discussions of the Energy Committee should be recorded. Mr. Harris felt the secretarial help would be needed, after the Committee is organized, and discussions started. He feit if they don't have a commitment from the City for this help, they would have to find an altern- ative for keeping this data. . ' I Councilman Fitzpatrick stated the Energy Project Committee would be a sub- committee of the Planning Commission and pointed out that most of the project committees in the past have been committees of a sub-committee. ' Councilman Hamernik questioned whether the Energy Project Committee would be a full-fledged Commission. Mr. Harris stated, in his opinion, it would not be, however, the situation could change, but their intention is to set up goals and o6jectives and hopeful]y the committee will come up with a policy and ways of implementing � that policy. Councilman Hamernik stated when the request came up for secretarial help for the Sign Committee, he was probably the only one in opposition and stated he takes the same position in this case. MOTION by Councilman Fitzpatrick to approve the request for secretarial help and some staff time, at the discretion of the City Dlanager and Chair- man of the Energy Committee. Seconded by Councilman Schneider. Upon a voice vote, Councilman Fitzpatrick and Mayor Nee voted in favor of the motion. Councilman Schneider> Councilman Hamernik and Councilman Barnette voted against the motion. Mayor Nee declared the motion failed by a 2-3 vote. Councilman Schneider asked Mr, Harris to come back when they have their goals and objectives worked out. Councilman Namernik felt, after they have some basic objectives, some staff time couid be available to make the correlatio;�. He stated he was opposed to involving staff time directly in the committee meetings. He felt, if the committee comes up with direction, the staff could do some of the leg work. Mr. Harris stated they really H�eren't looking so much for staff he]p, but mainly secretarial help. Mr. Qureshi, City Manager, stated if the Planning Commission wished to take on this responsibility, the staff would certainly work with them to provide the research and data. Mr, Harris stated tfiey discussed the possibility of the Planning Commission sitting as an Energy Commission, but it was felt they don't have the ex- pertise in the field and that there are so many others in the City who could contribute to such a committee. Councilman Schneider sfiated he would be prepared to support the request after seeing the goals and objectives. Mr. Harris stated they would try and get the goals and objectives outlined. � 1 153 ; REGULAR MEETING OF JUNE 19, 1978 Page 10 RECESS: Recess called by Mayor Nee at 10:12 p.m. RECONUENED: Mayor Nee reconvened the meeting at 10:25 p.m. All Council members were present. . 4 HILLCREST ADDITION PARK (RECEIVING PETITION #12-1978); Mr. Sobiech, Public Works Director, stated there will be a plat coming be- fore the Council regarding this item, but felt it might be in order to receive the petitions at this time. MOTION by Councilman Fitzpatrick to receive Petition #12-1978 and receive the two letters from Richard Van Heuveln dated March 24, 1978, and Sarbara Haley, dated March 31, 1978. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Cor�unission Meeting of June 7, 1978. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A REQUEST TO ENCROACH ON DRAINAGE AND UTILITY EASEMENTS ON LOT 24 AND 25, BLOCK 2, MEADOWMOOR TERRACE: Mr. Sobiech, Public Works Director, stated this is a request for an ease- ment encroachment for property on Old Central Avenue, southeast of Osborne Road. Mr. Sobiech stated the plans show the easement through the develop- ment on property.. Mr. Sobiech stated the Engineering Department did review the plans and have no objection to the encroachment. fI Information received from the utility companies indicate no objection to t: the vacation of the easements, but the phone company did want easements dedicated for relocation of their cable. Mr, Sobiech stated the alternate easement has been recorded in Anoka County and will be the easterly l0 feet of Lot 24, Block 2, Meadowmoor 7errace. MOTION by Councilman Schneider to approve the encroachment, subject to the processing of the vacation through the normal procedures and dedication of an appropriate easement. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF LETTER TO ANOKA COUNTY REGARDING ISLANDS OF PEACE: Mayor Nee requested concurrence with a letter to be sent to Anoka County regarding their support to the Islands of Peace. Mr. Ed Wilmes, 6350 Riverview Terrace, thanked the Council members for recently coming down to the Islands af Peace. He stated progress has been made by the Islands of Peace through the efforts of many people. Mr. Wilmes stated in the letter to be sent to Anoka County, the word °con- tributions" in the first paragraph is a little misleading. He stated, as far as the County's support financially, it is between $27,000 and $28,000. � He stated, throughout the letter the word "contributions" is used, and : stated he would like to refer to the maintenance. Mr. Wilmes stated he wished the Council would take a hard look at the possibility of transferring of the lease to the County. He stated they have a maintenace problem at the Islands of Peace, with a lot of work to be done, and if there is a way to take the burden off the City, he felt they should consider this. He stated he knows there are some people who are � ` . � 5 4 REGULAR MEETING OF JUNE 19, 1978 Page 11 concerned about the credibility and control of the Islands of Peace and hopefully these people will give this project a lot of thought. Mr. Wilmes stated the reason for the letter to the County is to ask them to consider the possibility of becoming involved or for assistance. May�r Nee stated it is not clear why the letter is needed, if the County has already made contributions. Mr. Wilmes stated he talked to Commissioner 0'Bannon and the letter was requested. Councilman Fitzpatrick stated he believes the Foundation wants.to re- quest the County to maintain and program the Islands of Peace. He stated the County hasn't asked for a lease agreement with the City. Mr. Wilmes stated all the County said was that they would possibly want a lease agreement for the land over a period of years. Councilman Namernik stated he can support the change in the wording of the letter, as requested, and the County can come back to the City re- garding the degree of involvement and then take it from there. Mayor Nee stated most of the persons who use the Islands of Peace are from Hennepin County and would urge the Foundation to solicit contribGtions from both Anoka and Hennepin counties. Mayor Pdee pointed out that in the lease the City holds the Foundation responsi6le for the programming and maintenance and didn't know if the lease permits them to transfer this. MOTION by Councilman Hamernik to authorize the submission of this letter to the County, with the foliowing changes: Paragraph i, change the word "contributions" to "involvement" and Paragraph 5, change the word "con- tributions" to "support". Seconded by Councilman Qarnette. Upon a voice vote, a1T voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF AGREEMENT WITH ME7ROPOLITAN CLINIC OF COUNSELING, INC.: Councilman Schneider asked how many employees are using this service. Mr. Qureshi, City Manager, stated about 11 employees used the counseling service last year. He stated the service is available on a voluntary basis, but in the case where it is affecting ttie employees' performance on the job the supervisor can require the employee to seek the service. Mr. Qureshi explained the program is subsidized 50% by the State. He stated the reaction of supervisory staff is that the service has been helpful. Mr. Qureshi stated the Metropolitan Clinic of Counseling, Inc. provides diagnostic and referral services. MOTION by Councilman Schneider to authorize the agreement between Metro- politan Clinic of Counseling, Inc. and the City. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FINAL PLANS AND ADDING PROPOSEQ IMPROVE- Mr. Sobiech, Public Works Director, stated this resolution is for the construction of sidewalks on the east side of 7th Street from 61st to 135 feet from 63rd Avenue, and eiiminates the sidewalk on or adjacent to Mr. Saunders' property. Councilman Barnette stated the reso]ution calls for the sidewalk to be constructed from 61st to 135 feet south of 63rd so this would still force � the children to go into the street. He stated he knows the objections to , 4 constructing the sidewalk on Mr. Saunders' property, but would rather see the sidewalk continue to 63rd, even if it is only on City property. 155 i - REGl7LAR MEETIN6 OF JUNE 19, 1978 Page 12 It was noted Mr. Saunders had no objection to the sidewalk, as long as it was not to be constructed on. his property. Councilman Hamernik•'indicated he would not be in favor of constructing the sidewalk and leaving aut the 135 feet south of 63rd Avenue. Mr. Qureshi, City Manager, stated in discussions with Dr. Hansen, S�perin- tendent of Schools, he felt this sidewalk was needed for safety reasons. Mr. Qureshi stated the Council could adopt the resolution for construction of the sidewalk on the east side of 7th Street from 61st ta 63rd Avenues, with construction only on City right-of-way. CounciJman Barnette stated „ he was prepared to move the resolution on that basis. MOTION by Councilman Barnette to adopt Resolution No. 55-1978, with the deletion of the words "135 feet south of". Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF NAZARDOUS BUILDING ACTION - 5432 ALTURA ROAD N.E.: MOTION by Councilman Fitzpatrick to approve the order regarding the . hazardous building, and authorize the Mayor and City Clerk to sign same. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. -1978 REQUESTING THE ANOiCA COUNTY COMMISSIONERS TO INSTALL MOTION by Councilman Fitzpatrick to adopt Resolution No. 53-1978. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, . CONSIDERATION OF A RESOLUTION ORDERING IMPROVEP1ENT AND FtNAL PLANS AND �' SPECIFICATIONS AND ESTIMATES OF FHE COSTS �HEREOF: STREET IMPROVEMENT PROJECT ST. 1978-1, ADDENDUM #3: No action was taken on this resolution, as the public hearing was continued to July 10, 1978. LICENSES: MOTION by Councilman Hamernik to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: M07ION by Councilman Barnette to authorize payment of Claims No. 165A14 through 165724. Seconded by Gouncilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. TERMINATION: CITY EMPLOYEE: MO7ION by Councilman Schneider to concur with the termination of City employee, Randy Fury. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATES: MOTION by Councilman Hamernik to approve the estimates as submitted. Eugene A. Hickok and Associates, Inc. 545 Indian Mound Wayzata, MN 55391 PARTIAL ESTIMATE #11 - Moore Lake Evaluation and $1,311.59 Restoration Project __ _ _ _ _ _ _ ___. _ � !� �''`i �, � . � � z�� REGUl.AR MEETING OF JUNE ]9, 1978 Patch Erickson Madson, Inc. 2311 Wayzata Boulevard Minneapolis, MN 55405 Fridley Garage Addition - Balance Due Smith, Juster, Feikema, Chartered 1250 8uilders Exchange Building Minneapolis, MN 55402 For legal services rendered as Prosecutor for May, 1978 Weaver, Talle & Herrick 316 East Mafn Street Anoka, MN 55303 For legal services rendered as City Attorney for May, 1978 For legal services rendered re: McNamara vs Shorewood, et al Page 13 ` $4,042.40 $2,337.30 $1,360.60 $4,962.75 Seconded by Councilman Fitzpatrick. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING ANQ AWARDING BIDS FOR LOTS 43 AND 44, BLOCK l2, SPRINGBROOK P RK DDITION: AND CONSIDERATION OF FIRST READING OF AN ORDINANCE RELATING TO THE SALE OF Mr. Herrick, City Attorney, stated it was his understanding that the ordinance authorizing the sale of these lots had been passed by Council, however, this is not the case and suggested the Council approve the first reading of the ordinance this evening and to have second reading at the Conference meeting. He felt the normal rule should be set aside of not doing any business at the Conference meeting and proceed with the second reading as he felt this has been deiayed due to lack of communication between departments. Mr. Brunsell, City Clerk, stated only one bid was received for the lots. M07ION by Councilman Fitzpatrick to receive the bid from Diane Bradley in the amount of $7,350 for Lots 43 and 44, Biock 12, Springbrook Park Addition. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ! MOTION by Councilman Fitzpatrick to waive the reading and approve the � ordinance upon the first reading, with the correction of Block 12, insiead of Block 14 in the wording of the ordinance. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � ' ADJOURNMENT: MOTION by Councilman Barnette to adjourn the meeting. Seconded by Council- man Hamernik. Upon a voice vote, aTl voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of June 19, 1978 adjourned at 11:40 p.m. Respectfully submitted, Carole Haddad William J. Nee Secy. to the City Council Mayor Approved: � � � � ENGINEERING � �� � , MEMO T0: DEPARTMEP�T HEADS. Following are the "ACTIONS NEEDED". Please have your answer in by Wednesday Noon, June 28, 1978. �EGULAR ��EETING — .iUNE 19� 1973 — %:30 P���� PLEDGE OF ALLEGIANCE: APPROVAL OF �yi I idUTES : �EGULAR �`�EETING, �t1NE �, 197b Approved with corrections on Page 7 and 9 ADOPT I �id OF AGEi iDA : Add: Resolution to Anoka County re: Incorporation Date Receiving and Awarding Bids for Lots 43 and 44, Block 12, Springbrook Park Addition OPEPJ FORUT-9, V I S I TORS : (�QNSIDERATION OF ITEMS P�OT ON AGENDA — IS P'�INUTES) No Response Pt1BLI C fIEAr�I,dGS : PUBLIC HEARING ON Ih1PROVEMENT: STREET IMPROVEMENT PROJECT ST, 1973-1, ADDENDllM �3 �UNIVERSITY AVENUE ��EST SERVICE Roan FROM 56O' SOUTH OF �3RD AVENUE TO c�IST AVENUE AND FROM �3RD AVENUE TO 35TH AVENUE� ����� Public Hearing continued to July 10, 1978 ACTTON NEEDED: Put item back on agenda July 70, 197$ 0 � _i �. �UNE 19, 197� • � ' I PUBLIC NEARI;`�GS iCONTINUED) ENGINEERING ENGINEERING , ENGINEERIN PAGE Z PUBLIC HEARING ON IMPROVEMENT; STREET IM.PROVEMENT PROJECT ST� 1973-1; ADDENDUM ��4 �ALLEY IN HYDE PARK BETWEEN 53TH AVENUE AND 59TH AVENUE AND 2� STREET AND 3RD STREET) � � . � � � . � � � � . � � � � � � � � � � 2 Hearing open�d at 8:02, closed at 8:22 P.M. ACTIOPJ NEEDED: Proceed as authorized Gl� BUS I CJESS : CONSIDERATION OF A REQUEST FOR SPECIAL USE PERMIT, SP #f7�-05, BY BENN I E ROZMAN; �031 BEECH STRE�T �� � E� iTABLED 6/5/73) . , , . , . . . , , , , � . , � . � , � � , 3 Request denied ACTION NEEDED: Inform applicant of Council action � CONSIDERATION OF SECOND READING OF AN ORDINANCE FOR ZONING ORDIfJANCE AMENDMENT ZOA #7�-03, BY THEODORE BURANDT, REZONE FROP•1 r�=3 TO CR-l; �41 ii I LLW I ND ROAD i� � E� AND CONSIDERATION OF AUTHORIZATION FOR EXECUTION OF I�GREEP�1ENT WITH THEODORE BURANDT� � � � � � � . � . � � � � 4 — 4 E Ord. Tabled to July 10, 1978. Agreement approved subject ta Mr. Burandt becoming owner or acquiring signature of fee owner ACTION NEEDED: Put item back on agenda of July 10, 1978 for final consideratior ' �EGULAR �'�EETING, �UNE 19, ,�.g%a PAGE 3 � �� I O� BUS I i�ESS (CONT I N�JED ) CONSIDERATION OF SECOND READING OF AN ORDINANCE AMENDING • CHAPTER 13 OF THE CITY CODE OF FRIDLEY BY ADDING CHIMNEY SWEEPS TO THE LIST OF SPECIFIC TRADES REQUIRING LICENSES. . 5 Ordinance No. 680 adopted GITY MANAGE ACTION NEEDED: Publish ordinance in Fridley Sun CONSIDERATION OF SECOND READING OF AN ORDTNANCE �. UNDER SECTION 1Z�O6 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF, � � � � � � � � � � � � � � . � . � . . . C - 6 A Ordinance No. 681 adopted CITY MANAG R ACTION NEEDED: Publish ordinance in FrYdley Sun RESOLUTION N0. 52-i978 to Anoka County Proclaiming �hat June 9, 1949 is incorporation date of City of Fridley CITY MANAG R ACTION NEEDED: Forward Resolution to Anoka County Board of Commissioners i�E'�! BUS I �ESS : CONSIDERATION OF APPROVAL OF FINAL PLAT; PRELIMINARY SUBDIVISION P.S. �`%$-�2, iiARRIER�S FIRST ADDITION, �� BY �'1 �.i � NARR I ER, .JR �, LOCATED I N T�-IE 6400 B�ocK oN THE I'�EST S I DE OF RI VERV I EW TERRACE �� � E� ����������%- 7 B Approved with stipulations ENGINEERIN ACTION NEEDED: Inform applicant of Council approval along with �stipuiations � 0 INEERIN ENGINE ENGINEERIN ' ENGINEERiN 19. 197� ���E�, BUS I �JESS ( CONT I NUED ) PAGE 4 RECEIVING THE P'�1NUTES OF THE PLANNING COMMISSION y �''�EET I NG OF ,JUNE %, 197� � � � � � � � � � � � � � � � � � � 3 - 8 GG 1. East Ranch Estates 4th Addition, Preliminary Plat P.S. #78-04, Robert Schroer. . . . . . . . . . . . 8 - 8A Planning Comm. Recommendation: Appr�ve & 8Q - 8R Council Action Required: Set Public Hearing for July 17, 1978 Set hearing for July 17; 1978 ACTION NEEDED: f�1ake arrangements for hearing 2. Gerald G. Johnson, Rezoning Request ZOA #78-05, 1i45 Mississippi Street . . . . . . . .. . . . . . . . . Planning Comm. Recorrnnendation: Deny � Council Action Required: Set Public Hearing f o r -J�.rl�- 1 �-,- }g-7-& - Hearing set for August 21; i978 AC7ION NEEDED: Make arrangements for hearing 3. Energy Project Committee. . . . . . . . . . . . . . . . Planning Comm. Recommendation: Provide part-time �administrative staff and secretarial heip Council Action Required: Consideration o� request Denied ACTION NEEDED: Inform Commissions of Council action .. . .. . : . . . . 4. Hillcrest Addition Park (Pe�ition #�2-1978). . . . . . 8 0 ' Planning Comm. Recommendation: Concur t��ith Parks & 8T - 8GG and Open Space recommendations Council Action Required: Consideration of recommenda- tion and Receive Petition #12-1978 � Received petition and letters ACTION NEEDED: Bring back when studying neighborhood park deveiopment p1an. EPdGIPdEERING ENGINEERING '� ENGINEERING �UNE I9, 1973 i�E�� B�SIi�E$S ��ONTINUED) PAGE � CONSTDERATION 0� A RESOLUTION �EQUEST THE ANOKA COUNTY COMf�1ISSI0NERS TO INSTALL A TRAFFIC CONTROL SIGNAL AT THE INTERSECTION OF EAST i�IVER ROAD AND SlST AVENUE ���. E, , , , , , , , , , , , , , , , , , , , 13 - 13 A Resolution No. 53-1978 adopted ACTION PJEEDED: Forward resolution to Anoka County CONSIDERATION OF A�'ESOLUTION ORD�RING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: STREET IMPROVEMENT I'ROJECT ST, 1�7�-1, ADDENDUf�1 #3, , , , , , , , , , , , , , , , , 14 No action taken. Hearing continued to July 10, 1978 CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT AND FINAL pLANS AND SPEGIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: STREET IMPROVEMENT PR(lJECT ST, 197�-1, ADDENDUM t�4, , , , , , , , , , , , , , , , 15 Resolution No. 54-197$ adopted ACTION NEEDED: Proceed as authorized a CONSIDERATION OF A RESOLUTION APPROVING FINAL PLANS AND �DDING PROPOSED IMPROVEf�1ENT OF STREETS ONTO THE �XISTING STREET IMPROVEMENT PROJECT ST. 1975-2, ADDENDUM �1 ��HANGE �RDER �1) � � � � � . � � � � � � � � 16 — 16 B Resolution No. 55-1978 adopted with deletion of words: "To ]35 feet, south of".. ACTION NEEDED: Amend r.esolution as adopted and proceed as authorized I FINANCE GULAR MEETING, �UNE 19, ��%� �dE�J BUSINESS (CoNTiNUED) PAGE % LI CENSES , , , , , , , , , , , , , , , , , , , , , , , , 17 — 17 C Approved ACTION NEEDED: Issue licenses �LAIMS, � � � � � � � � � � � � � � � . � � � � � � . � 1$ Appraved FINANCE ACTIOf� NEEDED: Pay claims TERMINATION: �ITY EMPLOYEE� � � � � � � � � . � � � � , 19 Council concured � CITY MANAGER ACTION NEEDED: Prepare Personnel Action Form ' FINANCE ENGINEERING EST I MATE S � . � � . � . � � � � � � � � � � � . � � . � ZO — ZO F Approved ACTION P�EEDED: Pay estimates CONSIDERATION OF ORDINANCE RELATING TO THE SALE OF REAL ESTATE OWNED BY THE CITY OF FRIDLEY and � RECEIVING AND AWARDING BID - LOTS 43 and 44, BLOCK 12, SPRING BROOK PARK ADD. Ordinance adopted on first reading. Bid�, received from Diane Bradley in �• amount of $7,350 ACTION NEEDED: Put ordinance back on next meeting for consideration of second reading. ADJOURN: 11:40 P.M. CODE - Section F- ORDINANCE N0. AN ORDINANCE RELATING TO THE SALE OF REAL ESTATE OWNEQ BY THE CITY OF FRIDLEY The Council of the City of Frid7ey does ordain as follows: SECTION 1. The City of Fridley is the fee owner of the tract of 7and within the City of Frid7ey, Anoka County, �tate of Minnesota, described as fo7lows: �` Lots 43 and 44, Block.a'4, Spring Srook Park Addition. All lying in Section 3, T-30, R-24, City of Fridley, County of Anoka, State of Minnesota. SECTION 2. It is hereby determined by the Council that the City no longer has any reason to continue ta own said property and the Council is hereby author- ized to sell or enter into a contract to sel] said proper�y. SECTION 3. The Mayor and City Clerk are hereby authorized to sign the necessary contracts and deeds to effect the sale of the above described real es tate. PASSED BY THE CITY CQUNCIL OF THE CITY OF FRIDLEY THIS �,,,�,,,,� DAY OF JUNE, 1978. MAYOR - WILLIAM J. NEE A TTEST: CITY CLERK - MARVIN C. BRUNSELL Fi rst Readi ng : .�� - �r3 _ -� ,�'� Second Reading: Publish........ WHEREAS, the Anoka County Baard of Commissioners has recently issu�d a county map which, among ather things, purports ta give a history of the City of Fridley; and WHER�AS, said history states that the Village of Fridley was incor- porated on Decer�ber 18, 1950; and WHEREAS, the Fridiey Corr�nunity has for some years celebrated a week called the Forty-Niners in commemoration of the VilTage incQrporation; and WHEREAS, the December 18, 1950, date would place Fridiey after Coon Rap�ds, Circle Pines and Lex�ngton as to initial incorporation as a municipal- ity, and WHEREAS, error has been committed in view ofi' these facts: l. The petition for incorporation was filed with the County Board on January 29, 1949. 2 The Anoka County Board supervised the election which was held on June 7, i9�. - 3. The vote for incorporation was 431 in favor and 343 against. 4. The vote was certified on June 9, i949. This the date of incor, poration. 5. The first village officers were elected on June 28, 1949. 6. The Supreme Court affirmed the validity of the incorpora�ion in 1951 in the case of State ex re1 Northern Pump Co. vs. the so-called Village of Fridley et ai, cited at 223 P�inn 442, 47 NW 2d 204. 7. The Supreme Court confirmed the June 9, 1949, date of incorporation in �he case of State ex re1 Fridley vs. Colum6ia Heights, cited at 237 Minn 124 and 53 NW 2d 831. y NOW, THEREFORE, SE IT RESOLVED �Y TNE CITY COUNCIL OF FRIDLEY meeting in regular session on Monday, June �9, 1978, and just prior to the 1978 Forty- Niner ceiebration.... That the Anoka County Board of Commissioners be advised of the error in their county map brochure; and That the legitimate birthday of Fridley as June 9, 1949, be proelaimed; That the Mayor and Manager v�F the City of Fridley be directed to cir- culate this resolution to such persons a�nagencies wha may be affected. '�( Adopted this 19th day of June, 1978, by the Council of the City af Fridley. Attest: William J. Nee, Mayor Marvin Brunsell, Clerk Na�im Quershi, Manager , FRIDLEY CITY COUNCI! MEETING P�EASE SIGN NAME ADQR�SS ANp ITEM NUMBER INTERESTED IN DATE: June 19, 1978 NAME ADQRESS ITEM NUMBER s===ozac=sa=c�c=oc==cacaco�==eoccs-=a=a-c�cm=c__ _-�----ocxoca�=_=aoa��c=a===ca=ac-a=�===c=�^_ <� , - __- ____ � . � � S� �" � �..� ' S' �`�-5- a L"� �'i � i .' � �,��� _ � � �- ��, � � i�� _../�%� ,1 `�i,� , . ,�. __ �-1�3 .� � ��� � n--� � ° �-�. �2�� � �': ^����r�.z �t' � �� � Z , �. i C� /o �?.� ��4t , 'S�- 3 ��,� , , � ��0�- � ��/ � � Y .�, � � -, �� - ������ � � , . �� . �- � �. g �� � _� � � . j�� ��, �7,/�%r �' ?', � �--C% /, � _. � _ „✓ G� �'% t° _ ,--_ � ; � /J ) � c � .S; � � ,. .��-�� �-� �j�� "_ ' ; � � ✓ /� r,v . , r �_ ;� �. ;, � � � ���� �L�y� . I " � THE MINUTES OF THE REGULAR COUNCIL MEETING OF JUNE 5, 1978 � � 12� THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JUNE 5, 1978 The Regular Meeting of the Fridley City.Council was called to order at 7:38 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Councilman fitzpatrick, Councilman Hamernik, Mayor Nee, Councilman Schneider and Councilman Barnette MEMBERS ABSENT: None APPROVAL OF MINU7ES: . BOARD OF REVIEW MEETING OF MAY 8, 1978: MOTION by Councilman Hamernik to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC NEARING MEETING OF MAY 8, 1978: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, a1i voting aye, Mayor Nee declared the motion carried unanimously. CONTINUED BOARD OF REVIEW MEETING OF MAY 15, 1978: MOTION by Councilman Hamernik to approve the minutes as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, ail voting aye, Mayor Nee declared the motion carried unanimously. REGULAR COUNCIL h1EETING OF MAY 15, 1978: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee dec7ared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Nee requested two additions to Licenses: (1) Fireworks Permit for the 100 Twin Drive-in and (2) Fireworks Permit for the Fridley V.F.W. Post 363. Mayor Nee stated the staff also requested an item be added: "Consideration of a Resolution Approving Final Plans and Specifications, Street Improvement Project ST. i978-2 (Sidewalk on 7th Street, 61st to 63rd) (Addendum #1)." MOTIOM by Councilman Har�ernik to adopt the age»da as amended. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: Ms. Connie Modig, Chairman of the DFL C7ub, explained their request regarding licenses. She explained they are requesting a license to sell pop at the 49er's game and even though the application was also for a beer license, they find this will not be economically feasible because of the insurance requirements. She stated, when appearing before the Parks and Recreation Commission, they asked for use of their concession stand and this request was denied. She stated, however, they were not discussing licenses with the Parks and Recreation Comnission. Ms. Modig stated she would like to see something in writing regarding the use of the concession stand so they know who is eligible to use 126 REGULAR MEETING OF JUNE 5,_1978 PAGE 2 the stand. She stated, at this time, however, she is concerned only with the license to sell pop. Mr. Ed Wilmes, 6350 Riverview Terrace, stated there has been concern by residents on the number of trees that were cut down on the Islands of Peace. He stated he met with these residents and took them on a tour of the Islands of Peace so they could see what is being done. Mr. Wilmes stated they have planted a total of about 325 trees. Mr. Wilmes stated he wished to give thanks to Bailey Nursery, who donated some of the trees, and the Department of Natural Resources, who donated seedlings. He stated he also wished to thank the Prudential employees and the Minneapolis, Campfire girls, who donated their time to plant the seedlings. Mr. Wilmes also stated, he hoped, in time, there would be an area for camping fo r the handicapped. Mr. Wilmes read a note written by a girl in a nursing home which conveyed what the Islands of Peace is about. He stated she recognized the Islands of Peace as being a much needed place. Mr. Wilmes stated late Senator Humphrey wrote that the Islands of Peace can surely be a true example for other states to follow. Vice President Mondale wrote that the Islands of Peace project will serve as a model for future development of public parks to meet the needs of the handicapped. Mr. Wilmes stated, if ever there are any questions regarding the Islands of Peace, hopefully the citizens of Fridley will contact them. Mr. Henry Peterson appeared before the Council and explained their plans for the 49er Celebration. He stated, last year, they had a first class, eight division parade and as of this date, they have a six division parade. He stated the last full week in June will be a great celebration in Fridley. He also stated the 49er's are selling hats for $2.00, with $1.00 going to help for the cost of the celebration and encouraged everyone to purchase one. Mr. Doug Juenemann, 6280 7th Street, asked about the development on 7th Street, east of the City Hall, and what it would consist of. Mr. Sobiech, Public Works Director, stated in the center of the site, there would be townhouse units that will house families. In another portion will be a five-story senior citizen complex and surrounding the block on 7th and 63rd, there would be privately owned single family homes. Mr. Sobiech stated this is a project that is privately developed by the Canadian Financial Corporation and they are using housing and urban development funds, through the Minnesota Housing Finance Agency, to help finance some of the senior citizens' housing and family housing. Mr. Juenemann stated this is a complete change from a year ago. He stated nobody was notified in the area that they were making these changes. He stated this was to be a special zoning area. Mr. Sobiech explained that the plans were not different and that this development is similar to a development in Golden Valley. Mr. Juenemann questioned who would be eligible to live in these units. Mr. Sobiech stated they are marketable units, but will be geared to low and moderate families and senior citizens. Mayor Nee explained the rents for these units would be $302 for a one bedroom; $385 for a two bedroom; and $415 for a three bedroom. Mr. Juenemann asked who would pay the rents. Mayor Nee stated the tenant would pay, or if they are eligible, they can get Federal assistance. i 127 � � REGULAR MEETING Of JUNE 5, 1978 PAGE 3 ' Mayor Nee stated he thought the Council had a whole series of citizen reaction ' regarding this development. He stated what actually happened was a substantial ' reduction in the density. Ne stated, originally, they were thinking about 144 units, however, now there will be 93 family housing units and 103 senior � citizen units. Mr. Reginald Cobb, 6281 6th Street, was concerned about tha construction of these units. He asked if the City was aware that economy lumber is being used in the construction. Mr. Cobb also asked if it was strictly senior citizen and low rental housing. Mayor Nee stated, basically, there are three kinds of housing; single family, • the high rise for senior citizens and the apartments. He stated there will be a few people in the area that will be eligible for rent subsidy. He assumes that a fair number of people in the units could be, in some way, subsidized. He stated, depending on their income, HUD will pay the balance of the rent. Mr, Cobb stated he was concerned about the value of their property with the construction of this project. Mayor Nee stated he felt it wou7d increase the value. Mr, Sobiech stated the staff would check into the construction as it must be in compliance with the building codes. CounciTman Schneider stated the Section 8 rental subsidy program is not tai7ored for that particular complex. He stated some of the people living in those apartments wil] be subsidized and some will not. Mr. Cobb stated he thought, when it was rezoned, the taxpayers were supposed to be notified. CounciTman Hamernik stated this development didn't require any rezoning, only a special use permit for the senior citizen building. Mr. Sobiech stated, in past proposals for this property, there was a need for variances, but the property was zoned R-3 and as long as the developers comply with the 2oning Code as far as density, size, etc. they ean proceed wiih development. Councilman Barnette stated the previous owner of the property was before the Council several times and each time increased the number of units. He stated the Canadian Financial Corporation then came in and submitted a very attractive layout. He felt the unique part of this development is that there are some single family homes. Mr. Cobb aiso asked if it wasn't the law in Fridley, when they have complexes like this, to provide a shelter in the case of tornadoes. Mayor Nee stated, this is not a law, but probably should be something to look into, especially in trailer parks. Mr. Juenemann asked if the apartments being subsidized are for the poor people in Fridley. Mayor Nee felt anyone could app7y as long as their income didn't exceed $16,000. Mr. Sobiech felt they may be getting this development confused with public housing sites. Councilman Fitzpatrick stated, if an individuai wants to rent one of the units, they apply directly to HUD. Under Section 8, they have to pay a rental up tp one-fourth of their annual salary and, if their particular unit costs more, then the owner gets the balance of the rent from Section 8 funds. =----- -- ___ - - - �-- 12B REGULAR MEETING OF JUNE 5, 1978 PUBLIC HEARINGS: CONTINUED PUBtIC HEARING �N PARKS AND dPEN SPACE PLAN: PAGE 4 0 Mr. Sobiech, Public Works Director, stated the public hearing on the Parks and Open Space Plan was continued and was discussed at the Council's Conference F1eeting. He stated this plan would be brought back later in the year, a� part of a total package of an overall comprehensive plan. He stated, at that time, they would bring back solutions to barrier problems for getting people to the neighborhood parks. He stated the items discussed by the Council, along with input from the Comnissions, would be brought back at a future date. . No persons in the audience spoke regarding the Parks and Open Space Plan. MQTION by Councilman Barnette to close the public hearing on the Parks and Open Space Plan. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:15 p.m. OLD BUSINESS: DINANCE N0. 677 FOR STREET AND ALLEY VACATION SAV #78-01, BY 4800 MOTION by Councilman Fitzpatrick to waive the second reading of Ordinance No. 677 and adopt it on the second reading and publish. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NANCE N0. 678 FOR Mayor Nee pointed out the ordinance now includes Lots 3 and 4 of Block 8 of City View Addition in the rezoning and a waiver has been received from the property owner, Mrs. Abitz. MOTION by Councilman Fitzpatrick to receive the waiver notice from Mrs. Theresa Abitz as shown on Page 3E of the agenda book. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to waive the second reading of Ordinance No. 678 and adopt it on the second reading and publish, with the amendment to include Lots 3 and 4, Block 8, City View Addition in the rezoning, the same being 216 - 57th Place. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Sobiech, Public Works Director, siated Holiday Village, the owners of the property at 210 - 57th Place are not interested in having this property rezoned and the property at 218 - 57th Place is part of an estate and property owners are located throughout the country. ORDINANCE N0. 679 FOR ZONING ORDINANCE AMENDMENT ZOA #78-02, BY MARQUETTE STATE BANK, REZONE FROM M-2 TO C-2; 225 OSBORNE ROAD: MOTION by Councilman Hamernik to waive the second reading of Ordinance No. 679 and adopt it on the second reading and publish. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPOINTMENT TO HUMAN RESOURCES COMhiISSION (TABLES 5J1/78 and 5/15j78): Councilman Barnette nominated Marlyis Carpenter for appointment. li � _.. ___--__.. REGULAR MEETING OF JUNE 5, 1978 Councilman Fitzpatrick nominated Peter Truenfels Councilman Namernik nominated Qetty Enkhaus. � , 129 PAGE 5 Each Councilman reviewed the backgrounds of the person they nominated for appointment. UPON A ROLL CALL VOTE TAK[N ON THE NOMINATIONS, Councilman Barnette, Councilman Schneider and Mayor Nee voted for Marlyis Carpenter; Councilman Hamernik voted for Betty Enkhaus; and Councilman Fitzpatrick voted for Pater Truenfels. Mayor Nee declared Marlyis Carpenter appointed to the position on the Human Resources Commission by a 3-2 vote. ' NEW BUSINESS: CONSIDERATION OF AN ORDINANCE FOR ZONING ORDINANCE AMENDMENT ZOA #78-03, BY THEO�ORE BURANDT, REZONE FROM R-3 TO CR-l; 941 HILLWIND ROAD N.E • Councilman Schneider stated his concern has been with the residential property to the North and stated he did talk with the persons living in this res9dential single family home. He stated they have indicated they are confortable with the rezoning application that is before the Council. Councilman Schneider stated the petitioner, Mr. Burandt, has met with the staff to insure that the residential unit would be brought to code in order to be used as an office building. He stated he believes Mr. Burandt is in agreement with the list of 9 stipulations reco�rnnended by staff. MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading, with agreement by the petitioner on the 9 stipulations outlined on Page 6A of the agenda book, before the second reading of the ordinance. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated, because of the existing real estate development on that corner, he felt the council is somewhat locked into this situation. He stated, in general, he would not be supportive of a residential structure being used as an office, but because of the unique character of the development on this corner, he felt it would be acceptable with the stipulations recommended by staff. Mr, Burandt stated he would go along with the Sign Ordinance in �ts entirety, but still felt the height of six feet for the sign is a safety factor and that it should be of a height that is unreachable for chi7dren. Mr. Sobiech, Pub7ic Works Director, stated the Sign Ordinance states what the height restrictions are and there has been considerable discussion on this item, and felt the ordinance should be followed. Mr. Eurandt stated he intends to foiiow the ordinance, but wanted to be on record that he objects to it. CONSIQERATI E AMENDING CNAPTER 18 OF THE CITY CODE OF FRI Mr. Qureshi, City Manager, stated more and more people are getting into the �, business of sweeping chimneys and it was felt there should be some control by the City. It is recommended, therefore, that this trade be added to require a license and require persons to carry some kind of insurance. MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 130 REGULAR MEETING OF JUNE 5, 1978 `� PA6E 6 CONSIDERATION OF A REQUEST FOR SPECIAL USE PERMIT, SP �78-05, BY BENNIE ROZMAN; • $031 BEECH STREET N. E.: Mr. Sobiech, Public Works Director, stated this is a request for a special use permit to allow a disco teen center operation at 81st and Beech Streets. He stated the Planning Commission had recommended denial and a public hearing was held before the Council and input was received at that time from the Public Safety Director regarding his concerns. Mr. Sobiech stated the disco operation is proposed to be located.in an industrial zoned area. Councilman Schneider stated he had reason to believe that the disco center in Eagan is not operated and owned by the petitioner, Mr. Rozman. Mr. Rozman stated he is not now operating the disco center in Fagan, but it is operated by his nephews. He stated he provided the financial backing and laid out the ground rules. Mr. Tom Obert, owner and manager of Great Skate at Osborne Road and Highway 65, stated they have obtained a dance permit from the City of Spring Lake Park to operate a disco teen center at Great Skate and felt approval of this special use permit would have an adverse effect on his business. Mayor Nee stated he hoped Mr. Obert understood that they couldn't consider his statements as argumentative. Mr. Herrick, City Attorney, stated Mr. Obert certainly is at liberty to make the statement, however, this could not be grounds for determination as to whether the application for the special use permit should be approved or denied. Mr. Rozman stated he is glad Mr. Obert feels he would be undue competition. He stated it has come to t�is attention that a few things have to be looked into and asked the Council to table his request for two weeks, if possible. MOTION by Councilman Hamernik to table this request for a special use permit to the June 19, 1478 meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING Of MAY 17, 1978: 1. COMPREHENSIVE SEWER PLAN: MOTION by Councilman Fitzpatrick to set the public hearing on the Comprehensive Sewer Plan for June 12, 1978. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2. APPEALS COMMISSION MEETING OF MAY 9, 1978: A. SANDY OVEN. 5821 2'� STREET: Mr. Sobiech, Public Works Director, stated this is a request for variances to reduce the required side yard setback from 13 to 8.7 feet; to reduce the minimum lot width from 50 to 40 feet; and to reduce the lot area required for a lot recorded before December 29, 1955 from 7,500 square feet to 5,218 square feet to allow a 20 x 20 foot addition for property at 5II21 22 Street. Mr. Sobiech stated the Appeals Commission did hear the matter and recommended approval. The petitioner, Ms. Oven, was not present regarding her request for the variances . MOTION by Councilman Fitzpatrick to concur with the recortanendation of the Appeals Comnission and approve the requested variances. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ■ 131 REGULAR MEETING OF JUNE 5, 1978 PAGE 7 B. SHOREWOOD SHOPPING CENTER, 6225 TH 65 (PLAZA VILLA RESTAURANT) 6259 TH 65: ' Mr. Sobiech, Public Works Director, stated this is a request to permit a variance to the free standing sign requirement at the Shorewood Plaza Shopping Center to increase the maximum square footage from 80 square feet to 344 square feet. He stated there presently is an existing free standing sign of approximately 250 square feet and the additional variance requested is to reduce the mimimum setback for the sign from the required 10 feet to "0" feet, to allow construction of a second free standing sign at the Shorewood Shopping Center. Mr. Sobiech stated this item was heard by the Appeals Commission and they ' recommended denial for several reasons: (1) because of a lack of information, including an overall plan for signage that had been requested by staff; (2) excessive square footage of the existing sign; (3) because of a prior request that the sign be removed; (4) a traffic safety factor resulting from the pylons being located directly next to a driveway; and (5) having two pylon signs for a shopping center may not be desirable. Mr. Sobiech stated they have indications from the Shopping Center owner, Mr. Saliterman, that they would like to incorporate a mansard signing system into the existing structure which would, more or less, present a scheme for the entire shopping center complex. He stated he hoped they would have a plan that could perhaps incorporate the Shorewood Plaza existing sign, with the new business. Mr. Chuck Nordquist of the Nordquist Sign Company, spoke on behalf of Plaza Villa Restaurant, and felt the free standing sign was absolutely necessary for tfie restaurant. Ne stated he believed the shopping center is allowed two pylon signs and they now have one existing sign and this would be the second. Councilman Schneider stated a new Sign Ordinance has been developed, since the King Chalet went out of business, and it was the Council's intention, when they asked the sign be removed, that the pylon also would be taken down. He staied the City hasn't actively pursued trying to get the pylon taken down because by August 1 plans should have been submitted for signing. Councilman Schneider explained the intent of the free standing signs in the shopping center were to identify the shopping center and the signing on the building itself would be used to identify each of the businesses within the center. Mr. Wyman Smith stated the pylon sign was a$10,000 investment for Mr. Saliterman which hasn't been amortized as yet. Ne stated when it wears out, it will be replaced with a sign that would conform. He stated Mr. Saliterman is here this evening and would confirm the fact that he was in agreement with the City staff's expectations with making improvements around the existing sign with some greenery, curbs, etc. Mr. Smith stated the sign plan for the center will take a number of months to complete, however, the staff has been notified of their intentions. Mr. Saliterman stated, initially, when they were trying to rent the King Chalet property, part of the real property included the possible use of the existing sign and then the ordinance was changed and they would again like to use the existing sign. He felt the identification sign would be very important for the new restaurant going in ihe shopping center. Councilman Schneider stated the problem is, if they approve this sign, there is no way the shopping center can be in conformance with the Sign Ordinance because this sign alone is over the maximum allowed, Mr. Sobiech, Public Works Director, asked if they had looked into the possibility of incorporating the restaurant signing into the pylon. 132 REGULAR MEETING OF JUNE 5, 1978 PAGE 8 Mr. Saliterman stated Mr. Sobiech's point is a valid one, but what is then to prevent all the other businesses in the shopping center requesting the same consi•deration. Mr. Saliterman stated they are almost ready to let contracts for the mansard signing which will be built a few feet behind the existing signs. He stated the existing signs at this time will remain just above the canopy, as they are now. Mr. Sobiech asked about the Country Club sign which now exists. Mr. Saliterman felt they would be agreeable to coming down on the canopy with their sign. Mr. Saliterman then explained his plans for the mansard signing, Mr. Sobiech stated he didn't have any problem with the concept, but is trying to get a decrease in the amount of footage and do away with the existing pylon. Mr. Wyman Smith stated he would agree that once this center expands, then no longer will the existing sign meet the needs and the sign will be changed. Mayor Nee questioned the life of a free standing sign. Mr. Nordquist felt the existing pylon sign would be good for another six or seven years. Mayor Nee asked Mr. Saliterman if he would be willing to change the sign in six years and he stated that would be a possibility. Mayor Nee stated he does not like to disagree with the recor,ttnendation of the Appeals Commission, but did feel the restaurant sign was needed. Councilman Schneider stated he would feel more agreeable to allowing the proposed sign, if the owners could show a movement in bringing the sign into compliance v�ith the code in a certain period of time. Mr. Sobiech stated this is the reason why staff feit the need for an overall sign plan. Councilman Schneider felt the objective would be to get the overall plan, and an agreement regarding the mansard sigr� and what steps would be taken by the owner to bring the signs into compliance with the Sign Ordinance. MOTION by Councilman Schneider to table this item and refer it to staff for further wark and information. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Cor�nission meeting of May 17, 1978. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion unanimously. RECEIVIN6 THE CABLE TELEVISION COMMISSION MINUTES OF MAY 18, 1978: MOTION by Councilman Hamernik to receive the minutes of the Cable Television Commission meeting of May 18, 1978. Seconded by Councilman 6arnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated he expected staff would handle the request by the Comnission for the $2,000 for the equipment. , RECEIVING CfiARTER COMMISSION MINUTES Of APRIL 18, 1978: MOTION by Councilman Fitzpatrick to receive the minutes of the Charter Commission meeting of April 18, 1978. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, 133 REGULAR MEETING OF JUNE 5. 1978 PAGE 9 RECEIVING CHARTER COMMISSION MINUTES OF MAY 17, 1978: � MOTION by Councilman Hamernik to receive the minutes of the Charter Commission meeting of May 17, 1978. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated Judge Forsberg called him and invited the Council to submit names of persons for potential members of the Charter Commission. He felt this should be an item for the Council meeting next week. CONSIDERATION OF APPROVAL OF CHANGE ORDER #l; STREET I ST. 1978-2 SIDEWALK ON 7TH STREET. 61ST TO 63RD ACD OF A RESOLUTION APPROVING FINAL PLANS AND ADDING PROPOSED STREETS ONTO THE EXISTING STREET IMPROVEMENT PROJECT ST. 1 Councilman Schneider stated he received a call from Mr. Saunders, tiaho is the property owner affected by the sidewalk on the east si�e of 7th Street, and there apparently was a misunderstanding as he thought thQ end of the sidewalk would be 11 feet from his lot line. Councilman Schneider stated, therefore, when he spoke with Mr. Saunders, he indicated he would not grant the easement for the sidewalk. Council- man Schneider stated he didn't feel they should order in the improvement when they don't have the easement. Councilman Fitzpatrick stated he felt Mr. Saunders' property is a good deal above street level and it seemed a sidewe]k set in very far would create a steep drop. Mayor Nee asked if the sidewalk could be const�°ucted in the City's ease- ment. Mr. Sobiech stated, if th5s was done, there would be a problem of having enough room for snow storage. Councilman Fitzpatrick asked how the sidewalk would be constructed in re7ation to the present concrete driveway. Mr. Sobiech stated the sidewalk would tie into the existing driveway as they would not remove the concrete driveway slab. Mr. Qureshi, City Manager, felt the Council had three alternatives; not to proceed with the improvement; proceed with the improvement only on public property; or to acquire the easement for construction of the side- walk on private property. Mayor Nee suggested possib]y the Engineering Department could stake the property in order to show Mr. Saunders exactly where the sidewalk would be constructed and then talk to him about it. Mr. Qureshi stated that staff would contact Mr. Saunders and request his permission to stake the property and bring this item back to Council next Monday. Councilman Schneider asked that he be notified when staff contacts Mr. Saunders. Councilman Fitzpatrick stated he would have to agree with Mr. Saunders and aithough he is sensitive to the safety factor, doesn't think the plan of having sidewalks to 63rd is awfully safe either. MOTION by Councilman Schneider to table this item. Seconded by Council- man Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. .i . �'� � REGULAR MEETING OF JUNE 5, 1978 Page 10 CONSIDERATION OF A REQUEST BY SCNOOL DISTRIC7 #14 FOR WAIVER OF PERMIT FEES FOR REPLACEMENT OF GYM BLEACHERS: -- ' MOTION by Councilman Schneider to approve the waiver of permit fees as requested by School District #14 for replacement of gym bleachers. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVIN6 PETITION �11-1978 REQUESTING IMPROVEMENT OF ALLEY BETWEEN 58TH AND 59TN AVENUES AND 2-1/2 AND 3RD S7REETS: MOTION by Councilman Barnette ±o receive Petition #11-1978. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Sobiech, Public Works Director, stated the petition is for improvement of the alley betwaen 58th and 59th Streets and 2-1/2 and 3rd Streets, �rhich is in the Hyde Park area. He stated resolutions are on the Council's agenda this evening calling for preliminary plans and a public hearing regarding these improvements. -1978 ORDERING PRELIMINARY PLANS, SPECIfICATIONS AND MOTION by Councilman Fitzpatrick to adopt Res�lution No. 41-1978. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 78 REGEIVING PRELIMINARY REPORT AND CALLING A PUBLIC R OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET MOTION by Councilman Schneider to adopt Resolution No. 42-1978. Seconded by Coun�ilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Hamernik to adopt Res�lution No. 43-1978. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ON N0. 44-1978 APPRpVING ELEVATIONS AND GRADES FOR INTERSECTION T -1978 AUTHQRIZING EXECUTION OF AGREEMENT #59091 BETWEEN MQTIQN by Councilman Hamernik to adopt Resolution No. 44-1978. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee. declared the motion carried unanimously. MOTION by Counciiman Barnette to authorize the execution of Agreement #58894 between the MnDOT and City of Fridley. Seconded by Councilman Namernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Hamernik to adopt Resolution No. 45-1978. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REGULAR MEETING OF JUNE 5, 1978 46-1978 ,.___'_'._�..���._._._ "_."_..._'_'__'__.._.�i1...._._.�'_ Page 11 S AND ORDERING ADVERTISEMENT FOR R- Mr. Sobiech, Public Works Director, stated in�the maintenance program of the City's streets the surface treatment program has consisted of sealcoating and bituminous overlays. He stated, in the interest of re- cycling existing bituminous roadways, the heater-scarification process appears to be feasible for use by the City. He explained this process consists of evenly heating the existing pavement surface, scarifying and mixing to a depth of 3/4 inch, and leveling to an evenly spread surface, This recycled surface is then overlaid with a thin section of bituminous material which makes use of the existing surface and allows a reduction in the depth of overlay needed. Mr. Sobiech stated the streets proposed for tha heater-scarification project would be 7th Street from Mississippi to 53rd Avenue; 61st Avenue from University to Carol Drive; and West Moore Lake Drive from 61st Avenue to 1,200 feet south. Mr. Sobiech stated they would like to try this process on the MSA streets and would recommend the City proceed with the program, if MSA funds can be used. He stated, however, if MSA funds could not be used, it is recommended the City not get involved as it is quite costly. MOTION by Councilman Schneider to adopt Resolution No. 46-1978. Seconded by Councilman Hamernik. .Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 47-1978 AUTHORIZING A TAX LIMIT BASE INCREASE: Mr. Brunsell, City Clerk, stated this resolution would start the necessary administrative process if the City intends to increase its tax base. He stated the resolution is not a tax resolution, but in the form of a hearing notice that must be published four times and a public hearing held on Monday, July 17, 1978. � Mr. Brunsell stated the 1977 Legislature authorized this one time increase in the tax base, but the City must still take action in September or October to decide the taxes it will levy. MOTION by Councilman Barnette to adopt Resolution No. 47-1978. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 48-1978 AUTFIORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESS�dENTS ON PART OF LOT 10, PARCEL 1840, AUDITOR'S SUBDIVISION N0. 22: Councilman Hamernik questioned the location of these parcels which was given by Mr. &runsell. Mayor Nee suggested it may be a gaod idea, in the future, to identify these areas. MOTION by Councilman Schneider to adopt Resolution No. 48. Seconded by Councilman Fitzpatrick. UPON A VOICE VOTE TAKEN ON TNE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 49-1978 AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSE�SMENTS ON PARCEL 5400, SECTION 2: MOTION by Councilman Schneider to adopt Resolution No. 49. Seconded by Councilman Fitzpatrick. UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 50-1978 CONFIRMING APPOINTMENTS TO THE CITY OF FRIDLEY COMMISSIONS FOR THE YEAR 1978: MOTION by Councilman Fitzpatrick to adopt Resolution No. 50-1978, including Marlyis Carpenter, newly appointed member of the Human Resources Commission. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING PETITION N0. 13-1978 REQUESTING SPEED CONTROL, ADDITIONAL LIGHTING, lu5 �'`�� REGULAR MEETING OF JUNE 5, 1978 Page 12 MOTION by Councilman Schneider to receive Petitaon No. 13-1978. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. • Mr. Sobiech, Public Works Director, stated the City has no history of accidents in this area, and as far as the street lights, it would be a deviation from the City's street lighting policy. RECEIVING PETITION N0. 14-1978 REQUESTIN6 STOP SIGN TO SLOW DOWN TRAFFIC ON GARDENA AVENUE: MOTION by Councilman Schneider to receive Petition No. 14-1978. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated the City of New Brighton has a stop sign only a block away from Stinson and 6ardena. He thought perhaps staff could contact New Brighton to see if they would be willing to remove their stop sign if Fridley installed a four way stop at Gardena and Stinson. Mr. Sobiech stated staff did make a study and there is no way they can warrant a four way stop at this intersection. MOTION by Councilman Schneider to request staff to contact New Brighton about the possibitity of removing their stop sign, if a four way stop was installed at Stinson and Gardena. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING PETITION N0. 15-1978 REQUESTING THAT METROPOLITAN MOSQUITO CONTROL SPRAY FOR MOSQUITOES IN THE NATURE STUDY PARK: MOTION by Councilman Schneider to receive Petition No. 15-1978. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: MOTION by Councilman Hamernik to authorize payment of Claims No. 125B18 through 151986. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. U CENSES: MOTION by Councilman Schneider to approve the licenses, where a waiver was requested of the license fee, and approve the temporary licenses, as submitted. Seconded by Councilman Hamernik. Mr. Brunsell, City Clerk, pointed out the ordinance doesn't provide for the waiver of the fees. The City Attorney, Mr. Herrick, stated; however, it is possible for Council to act to waive the fees. Mayor Nee asked if the bond is part of the fee waiver. Mr. Brunsell stated it is not part of the license as such, but a cleanup deposit is required. A representative from the Jaycee's stated he didn't believe there was any problem in the past regarding cleanup. He stated they have made arrangements with Lofgren Sanitation to come in every day to pick up the trash. He stated this year the Jaycee's are sponsoring a carnival at the Columbia Arena parking lot; however, they would clean up the premises, after the carnival leaves the premises. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to approve the waiver of the deposit, as requested by the Fridley Jaycee's. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. i � : .� �, ,� i . i i � , _ L _.__. _ -- __ _. ---- - :- - 137 REGULAR MEETING OF JUNE 5, 1978 Page 13 MOTION by Councilman fitzpatrick to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the ° motion carried unanimously. FIREWORKS PERMITS - 100 TWIN DRIVE-IN AND FRIDLEY VFW PDST 363: MOTION by Councilman Hamernik to grant the fireworks permits to 100 Twin Drive-In and the Fridley VFW Post 363. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATES: - MOTION by Councilman Hamernik to approve the estimates as submitted: E. A. Hickok and Associates, Tnc. 545 Tndian Mound Wayzata, MN 55391 PARTIAL Estimate #10, More Lake Evaluation and Restoration Project NDH Asphalt 700 Industry Ave. NW Anoka, MN 55303 PARTIAL Estimate #1 Street Improvement Project St. ]978-1 Street Improvement Project St. 1978-2 Street Improvement Project St. 1978-4 Logan & Styrbicki W-856 First National Bank St. Paul, MN 55101 A.J. Chromy Construction Co. versus City of Fridley for 1 copy of the deposition $ 271.20 145,248.34 49,922.73 13,725.10 84.30 Suburban Engineering, Inc. 6875 Highway No. 65 N.E. Minneapolis, MN 55432 For prints and copies of Harris Lake Estates Project 16.10 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Barnette to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, aii voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of June 5, 1978 adjourned at 10:40 p.m. Respectfully submitted, Carole Haddad William J. Nee Secy. to the City Council Mayor Approved; z OFFICIAL PUl3LIC/1'CION CT'fY OF rRIDJ.�Y (EXHII3I'I' A) NOTICE OF fiEARING ON IPIPROVE�fENTS STI�ET IMPROVEMENT PRUJECT ST. 1978-1, ADAN. ��3 � ' 1 WHEREAS, the City Council of the City of Fridley, Anoka County,'hsinnesota, has deemed it expedient to receive evidence pertaining to the improvements hereinafter described. NOSV, THFREFORE, NOTICE IS �iEREBY GIVEN TI-iAT on the 19th day of June , 197 8 at 7: 30 0' clock P. b1. the City Counci 1�•�i 11 meet at the City Hall in said City, and taill at said time and place hear all parties interested in said iriprovements in who�e or in part. ' The general nature of the ir,provements is the construction (in the lands and streets nated below) of the follow? ng inrprovements, to-ivit: CONSTRUCTION ITEi�f Street improvements, including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, sidewalks, storm sewer system, water and sanitary sewer services and other facilities locate.d as - follows: ' • � University Avenue ZJest Service Drive: From 560' South of 83rd Ave. to 8ist Ave. From 83rd Ave. to SSth Ave. � ESTIAI.�ITED COST . . . . . . . .�`. . . . . . . . . . . . . , , � 321,500 THAT THE AREA PROPOSED TO BE�ASSESSED FOR SAID II�IPROVEAIEI�ITS TS AS FOLLOiYS: For Constxuction Item above ----------------------------------------.- All of the land abu�ting upon saici streets named above and all lands within, adjacent and abutting thereto. , .,���.�_,,Q�,_;�aid land to •be assessed proportionately according to the be�tefits received by such improvement. That s}iould the Council proceed witli sa.id improvements they will consider each separate improvements, except as hereafter ot}ierwise provided b�- the Council all under the follo�oing authori�y, to-ti��it: Tlinnesota Statutes 1961, Chaptex 429 and la��s amendatory thereof, and in confoxmity with the City Charter. DAT�D TfiIS Sth D,'�Y OF June , 197 8, BY ORDER OF T11E GITY COUNCIL. Publish: June 7, 1978 June 14, 1978 TIAYOK - WILLIAM J.NEE 0 d QI�PICIAL PUJ3LICATION ` 2 CITY Or I�RIULEY (EXHIBIT A) NOTICE OF HEARING OV Ihf�ROVEhiENTS STRr�ET IMPROVEMENT PROJECT ST. 1978-1, ADDN. �i4 u � WHEREAS, the City Council of the City of Fridley, Anoka County, Minnesota, has deemed it expedient to receive evidence pextainin� to the improvements hereinafter described. NO�V, TriEREFORE, NOTICE IS HEREBY GIVEN TH.4T on the 19th day of June , 1978'at 7:30 o'clock P.b1. th� City Counci]. wzll meet at th e City Hall in said City, and will at said time and place hear all parties interested in said improvements in whole or in part. " The general nature of the improvements is the construction (in the lands and streets noted belaw) of the following improvements, to-wit: CONSTRUCTION ITEM Street improvements, including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, sidewalks, storm sewer system, water and sanitary sewer services and othr facilities located as follows: . ' Alley in Hyde Park Between 58th and 59th Avenues and 22 and 3rd Streets . ESTTid.4TED COST . . . . . . . . t. . . . . . . . . . . . . . . . �y 4, 340. � THAT THE AREA PROPOSED TO BE ASSESSED FOR SAID I�iPROVE�IENTS IS AS FOLLOtiVS: Fox Construction Item above ----------------------------------------- All of the land abutting upon said streets named above and all Iands within, adj acent and abut�ing thereto. :. A1.1 af said land to be�assessed proportionately according to the - °°- be;�e£its received by such improvement, � That should the Council proceed with said improvements they will consider each separate impxovements, except as hereaftcr otherwise provided by the Council all under the follo�ving authority, to-wit: Afinnesota Statutes 1961, Chapter 429 and laws amendatory thereof, and in con�ormity with t}�e City Charter. DATLD THIS 5t� DAY OF June , 197 $, BY ORDER OF TIIE CITY C011NCIL. - J I�1AlOR - WILLIt1P1 J. NEE Publish: June 7, 1978 June 14, 1978 � '� . �� t�� ^ V � Ci� `v � � , � V` c�- 't . n� iti; � � �. . 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I�• ; �• 1""""3_��`f..�..n.......� .". i- � �� f �i �/—` r� �+ ' , .�^I , ' . ,�L� . / �'� , �� ti I ,�'=J =����� '�� /'� ' , . Y � .•1 i' .� �1� ( � , � . �. _,� + i \ i , ' �X;��, i ' '� ����� --, �� .. � �- � " �� ; : I � � �+ 1 �_ �. �, I.��� ,/ f' ` - , . /� � !�� _... .. -_�. � ' ef Y���ZNEP/�r,• --- �.n ` `� - �, .� Z " p;: ;, r n�: � � J �� �. �^��z � a�t : T ; � �, � ! ; i t ��;, _ � ; � i:;. � � � '\ V ; �+ .. ,.:- y...i� � '��,f's� , ` 3 _ . _ � '. �.' 4 t. �.' I � i . 1 0�y � �`_ � j I� , 1♦ � i.. � � � � i= � '� --- i �if � _�_ � � �� �i � �>�tL��� [ ' •:. O iH�'h � r -.; •sr�= � p :���.� � : �� W ?• I � ` � �'�'`�°� ,� ; r�� ? �° �I1�./. .;�/. •+\ � �/ /...;� ,�±;. � .�•'� , � �. , � }`�p� ��{: . ;•',/`;, �' _�'. /- ;• �:! •f� ;LC. '...�' L,` . J` E'''�y� \ . . . ,� � �.. I11 `i ORDINANCF N0. AN ORDINANCE TO AME�D THE CITY CODE OF THE CITY OF FRIDLEY, MINN.ESOTA BY MAKING A CNANGE IN ZONING DISTRICTS 0 The Council of the City of Fridley do ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City ' of Fridley and described as: Lot l, Block 1, Hillwind Addition, lying in the South Half of Section 24, T-30, R-24, City of Fridley, County of Anoka, Minnesota, Is hereby designated to be in the Zoned District known as - CR-1 (general office and limited business). SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District R-3 (general multiple family dwellings) to CR-1 (general office and limited business). PASSED BY THE CITY CQUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1978. h1AY0R - WILLIAM J. NEE ATTEST: CTTY CLERK - MARVTN C. 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F;. ��- �,��a�.�,� �n,'i1. % i � �,� STnuY � FRA��IE �9�i i . �, � � �� 7a �' � .o ;� S. � , ,..' _,�.� / �;�' if ,ro^, ---- - � ._' S____._... ____�. \\�'•. �i, �(-; � 1 � � . ' �����` �'��.+ _ � ,t , . 4- 5?! '�;,�`�`+ �'�,�'N ;� ��._ - �� ; P�� a�� �� ��Rh�, C - �., ��_� _' _- — ._ __�.. .a ^ _..r - °- --- � v �. J 4B ,� � ^ � tc � / .r+ [_! �iJ • O� � � � i ._,_� I �q 2Ot�..'�__ _._ �t.ys � . , _ _ _ _ __ ,� ��e�;o�es 1�r<-x�� a�e.:� !ltilr�y E���n;�h� ` �� .� _LOT �, E�1L0C� _� , - -- - i-i I L L W I N f� A(� (� I T i� --- - _ -- - --- �I �►' �t jeel to e�yser�; er �� o�r�corc7�, i�c�r�. , �4NO�A COUNTp'' Thif is a tru• and corr�cf r�pi���rtta►ien o1 o sucvey of ehe bou�dori�s ol ►h• (and obovs d�scrib�d o�d o/ N�� location of cll buildings, �l a�y� tti�r�on� and oll visibl• •ncroocl�m�nta, il o ,/rom or on �aid lond. TAi• s�rwr is mad• only in conn�ction with o inortyope loan new b�i�p ploced on tl�• op�rty ond no Iio6ility is ofsum�J , •xc�pt �o the holder of i�ch mortgage or onr other ineer��� acquir�d br th• r�oso� o! such morf�op�. It i• u„de�stood and opr��d n4 menunwnr� hav• b��n �laced }or �ti• purpa� o/ e��nblifl�i�o l01 I���s e� bo�wdarr torneri. DaNd lhif �� ' der of �'�A. D. 1V�1 SUtliR9 ENG iERItyQ�C. L�1� Enyin• s�- sa;. ro.. fo 6 � �,�F-.. • • _ �� : � .: .c. •-� �� �t .. Not f'1d>lithed: All Rightt Roservod t'i.'7'[--W.,':.y -_ . � . , ,� � _ , . �i � AGREEMENT , Burandt/F3ratt/City of Fridley , TltIS AGREEt4ENT made and entered into this day of , 1978, by und between Theociore IIurandt and Charlotte L. IIurandt, husband and wife, the Contract Purchasers, hereinafter called the "Purchaser�"; Donald tt. Bratt and Vivian E. Bratt, husband and wife, the Fee Owners, hereinafter called•the "Fee Owners"; and the City of Fridley, a municipal corporation of the State of MinnesoCa, hereinafter called the "City". WHEREAS, the Contract Purchasers have petftioned the City to approve the • proposed rezoning number ZOA 78-03 to rezone from R-3 (general multiple dwellinq ' .units) to CR-1 (general office and limited business), located at Lot l, Block 1, Hillwind Addition, the same being 941 Aillwind Road; all lying in the south half of Section 24, Township 30, Range 24, City of Fridley, County of Anoka, State of Minnesota. WHEREAS, the City finds that the proposed rezoning wiZl be in the public interest, welfare and convenience to the people s�f the City of Fridley if the Contract Purchasers agree to the items below by the parties hereto. CONSIDERATION FOR TAIS AGRBEMENT shall be the appraval`oE the Rezoning Request 20A #78-03. The Contract Purchasers and Fee O��ners, their successors rand.assigns do hereby covenant and agree as follows: • � . 1. The property wi12 be a leqal non-conforming use as far as sideyard setback is concerned unless variances are applied for and approved. 2. The signing must be within code requirements unless variances are applied for and approved. ' 3. �Existing structures must follow appropriate building codes for remodeling for uses as CR-1. • 4. Grading and drainage plan to be submitte8 to Aciministration �or approval. � 5. Appropriate district separation screeninq consisting of Redwood board fence as discussed with property owner to the north and landscaping to be�installed as per submitted plan dated May 12, 1978. 6�. Performance bond in amount to cover landscaping and garking lot improvements must be provided. 7. Driveway to be provided on the south side of property leading to pazking lot east of structure. 8. Driveway and parkinq lot to be properly constructed with concrete curbinq and blacktop surface. � _... _._ . ._..._. ._ _.. . ` ; _ _3- � - u D AGitt�:EMENT f3urandt/f3ratt/City of Fridley � . . Theodore Burandt - Hnsband Contract Purchaser ' Charlotte L. Burandt - Wife . Contract Purchaser State of Minnesota) ) ss . � County of Anoka ) On this day of , 1978, before me, a Notary Public within and for the County of Anoka and the State of Minnesota, personally appeared Theodore Burandt and Charlotte L. Burandt, husband and wife, to me known to be the same person described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. Notary Public Donald H. Bratt - Husband Fee Owner Vivian E. Bratt - Wife Fee Owner � State Of Minnesota) . ) Ss County of Anoka ) On this day of , 1978, before me, a Notary Pub2ic within and for the County of Anoka and the State of Minnesota, personally appeared Donald H. Bratt and Vivian E. Bratt, husband and wife, to me known to be the same person described in and who executed the foregoing instrument, and acknow- ledged that they executed the same as their free act and deed. Notary Public r+�Nr�ieara�rniuie�iur��-""°�' - --a�—• _ � -2- . � .. . AGRF.EMENT , Burandt/IIratt/City of Fridley IT ZS MUTUALLY AGItEED that the provisions of this agreement shall be binding upon and enforceable against the parties hereto, their successors and assigns and all subsequenti owners of the property here described. An executed copy of this Agreement shal2 be filed with the Anoka County Register of Deeds and made a part of and be binding upon the above described property. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this � .' day of . 1978. • This instrument drafted by: City of Fridley 6431 University Avenue NE Fridley, MN 55432 Mayor - William J. Nee _ City of Fridley (Seal) City Manager - Nasim D5. Qureshi. City of Fridley State of biinnesota) ) ss Gounty of Anoka ? pn this day of , 1978, before me, a Notary Public within and for said County, personally appeared William J. Nee and Nasim M. Qureshi, to me personally known, who being each by me duly sworn they did say that they are respectively the Mayor and the City Manager of the City of Fridley, the municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said muni- cipal corporation and said William J. Nee and Nasim M. Qureshi acknowledged said instrument to be the free act and deed of said municipal corporation.. Notary i'ublic a 4E 0 ORDINANCE N0. AN ORDINANCE AME(�DIfdG CHAPTER 18 OF THE CITY CODE OF FRIDLEY BY AQDING CHIMNEY SWEEPS TO THE LIST OF - SPECIFIC TRADES REQUIRING A LICENSE The City Council of Fridley do ordain as follows: Section 18.05 of the Code of Fridley be amended by adding: 14. Chimney Sweeps. PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1978 ATTEST: CITY CLERK - MARVIN C. BRUNSELL First Reading: June 5, 1978 Second Reading: Publish: MAYOR - WILLIAM J. NEE 5 ORDINANCE N0. 0 AN ORDINANCE UNDER SECTION 12,C)6 OF TH� CITY CIiARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF THE COUt1CIL dF THE CITY OF FRIDLEY DO ORDAIN AS FOLLOWS: That that part of Lot 27, Auditor's Subdivision 92, that lies South and East of the following described line: Beginning at a point thirty feet (30') east of the west Iine of Auditor's Subdivision No. 92 and on the centerline of Gardena Avenue, as laid out in Melaland Gardens extended easterly; thence in a northeasterly direction in a straight line to a point located in the east line of Lot twenty-eight (28), Auditor's Subdivision No. 92, of which is located sixty-three feet (63') measured southerly along said lot line from the centerline of Gardena Avenue as dedicated and shown in said Auditor's Subdivision No. 92 thence terminating. All lying in the North one-half (Nz) of Section 24, Township 30, Range 24, Anoka County, State of Minnesota is hereby declared to be surplus property, and the City Council is hereby authorized to sell the same. PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 1978. MAYOR - WILLIAM J. NEE ATTEST: CITY CLERK - MARVIN C. gRIJNSELL First Reading: June 12, 1973 Second Reading: _ Publish: N� � HARRIER'S FIRST ADDITION P.S. ��78-02 Items Discussed at the Public Hearing Meeting of June 12, 1978 1. Drainage plan which indicates imgact on surrounding property must be submitted to City for review. 2. Utility and drainage easements should be shown along lot lines. 3. Cul-de�sac should be provided to ensure adequate ingress and egress for Fire Department vehicles. 4. Plans and specifications for sanitary sewer and water must be submitted for review and approval. 5. Park fee in the amount of $300 per lot must be paid. 6. Engineering escrow must be paid to the City to cover expenditures in the review of utility plans and specifications and insgection of construction. 7. Appropriate covenants must he filed with plat indicating property owner's responsibility to maintain private street and the sanitary sewer and water systems. RNS/jm 6/13/78 1 � � ��` �� �� � �, �,1' ') 1 ! , 1 ` � { .' ; i ,• � ;� , 1 ! � �'; ` 1 1 1 . � � � � � ���,,�� ^f P.S.�78 02 Harrier's ' s� A `�r � .rN�� 'Fald'iSt��d.(i3#�a(3�1 ��� �,I /i/3J..sl�.-i�i� >;'in /�. FC) •',fo- w, � �' ��^N . f��� L�n � Z �• S:/. S •� r Zr � -s"•�". T�,,cr�1,� .. ..,,�. . ss , ,(.' 'r`y. ��'� � `.) 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''� .;:: .-, �:1, , `:���. �� - � to `}° _, S�- ��L� 1 �N�F� �.�.ZUAL � `>v c��. � F3C.��,�`��,`.� ARE ON �N F�`�`,����El� 0�\\ v�� ° '�+����c.��-� �> >t::�N r�oK�c�EKr c.�rrc � wr�-�� t�����.: ,.,�,1��,�=�r�z�-.., CITY OF FRIDLEY � $ PLANNING COMMISSION MEETING -- JUrrc 7� � 9�8 CALT_, TO ORD�'R. . .. Vice-�ahirperson Langenfeld called the June ?, 1978, planning Comr�ission meeting to order at 7:43 P.P�I, RO£�L C ALL : ...- ,, ' Members Present: Storla, Oquist, Harris (late), Peterson, �. Schnabel, Langenfeld Members Absent: None ' � Others Present: . Jerrolci Boardman, City Planner A�PROjI�' PLA�TI`TITtG CO'�IMISSIOTT MIATUTES• MAY 17, 1978 : ri0TI0N by Ms. Schnabel, seconded by NIr. Peterson, to approve the May 17, 1978, Planning Commission meeting minutes. Upon a voice vote, • all voting aye, the motion carried unanimously. 1. PUBLIC Hu!�RING: COI�TSIDERATIOTt OF A PRELIMITTAP,Y PLAT P S #78-04 �AST RP.�TC� ESTATES 4TH A�DI1 IO�i , Bv ROBERT SHROER: BEING A R�LAT OF THAT PART OF THE NORTH��ST �U�R`i'ER Or 1HE SOUTH�:�EST QUARI'ER OF SECTION 2 DESCRIBLD AS FOLLO�,'�IS: COMMENCING AT THE INTERSECTION OF THE SOUTH LTi�tE OF SAID NORTHj`IEST QUARTER hND THE t`IESTERLY RIGHT-OF-ti'JAY LIIVE OF STATE HIGH��I��Y N0. �7; TH� 1C� NORTHERLY, �LOPtG SAID RIGHT-OF-�`IAY LINE, �.8.00 r ET TO T�iE ACTUAL POTNT OF BEGIPT�tING; THLNCE !�7ESTEP�I,Y PAR�I,LEL Ii/ITH SAID SOUTH LIP1E, 1�.3.Q3 �'ET; THE"iVCE OP1 A TANG�NTTAL CURVE TO THE RIGH^1 FOR A DISTANCE OF 96.86 FEy , RADIUS OF SAID CURVE IS 50.00 FELT; THENCE ALONG A COMPOUVD CUR� A DTSTAPICE OF 65.39 FEET, P,tiDIUS OF SAID CURVE IS i56.07 FEET; THr'�lCE NORTHEASTERLY, T�ttGENT TO LAST DESCRIBED CURVE, 108.35 FEET; TH�CE ON A T9NG�, TIAL CURVE TG THE LEFT A DIST��ICL OF 209.25 F�,'� TO THE SAID RIGHT-OF-',`JAY LIivL, R1IDIUS OF SAID CURVE IS �66.7% FEET; TH�CE SOUTHERZY, 4LONG S4IJ RIGHT-OF-!'JAY, TO THE POINT OF BEGIiV�NING, ALL LYING IN THE SOUTH HAZF OF SECTION 2, T-30, R-24, CITY OF i � FRIDLEY, COUNTY OF ANOIi�, P-7INT�SOTA. � GENERALLY BOUND BY 79th AVEitUE NE AND UNIVERSITY AVENUE NE ON 'I'�iE .� UNIVERSITY ��IEST SERVICE DRIVL� THE SAME BEING 7910 UNIV�RSITY �I . AVEDNE N�. ( GODFA^1HER PIZZA) . ' r40TI01�T by Mr. Peterson, seconded by Mr. Langenfeld, to open the Public Hear:ng. Upon a voice vote, all voting aye, the motion carried unanimously. `Phe Public Hearing <<ras opened at 7:47 P�P�I� e � � PLANrIITTG COP4MISSI�JrI MEETIr1G - JUrTE 1 8 Pa e 2 � 8 A Mr. Boardnan indicated that �vhen the City Council allotived the Buildin� Perr�it for Godfather Pizza, one of the stipulations ��as that the area be platted. He said that the request ��ras being made to complete that stipulation. . Mr. Boardman explained that tivhen the Building Permit �was granted for Godfather Pizza it ���as granted on a larger portion of property. He said that in order for Godfather Pizza to split do�vn to a smaller size property, they had to go through the platting procedure. He said that in order to speed up the process of the Building Permit, the condition of platting the property tivas made part of the Building Permit. MOTION by Mr. Peterson, seconded by Mr. Storla, to close the Public Hearing. Upon a voice vote, all votino aye, the motion carried unaaimously. The Public Hearing rras closed at 7:50 P,M. P�OTION by Mr. Peterson, seconded by Mr. Oquist, that the Planning Comr�i.ssion recommend approval of the consideration of a preliminary plat, P.S. #78-OJ�, East Ranch Estates 4th Addition, by Robert Shroer: Being a replat of that part of the North�vest Quarter of the Southti�est Quarter of Section 2 described as follo�;rs: Commencing at the intersection af the south line4of said North�vest quarter and the S�Iesterly right-of-vfay line of State Highti��ay No. �.7; Thence iVortherly, along said right-of-��ray line, �.8.00 feet to the actual point of beginning; Thence 1`lesterly parallel elith said South Tine, 11+3.Q3 feet• Thence on a tangential curve t 96.86 feet, radius of said cux Thence along a cor�pound curve said curve is 156.07 feet; , o the right for a distance of ve is 50,00 feet; a distance of 65.39 feet, radius o�f Thence Northeasterly, tanoent to last described curve, 108.35 feet; Thence on a tangential curve to the left a distance of 20g.25 feet to the.said right-of-t=ray line, radius of said curve is 266.7? feet; � Thence Southerly, along said right-of-�Tray� to the point of beginning; A11 lying in the South Half of Sectian 2, T-30, R-2L�, City of , Frid2ey� County of Anoka, Minnesota. - Generally bound by ?gth Avenue TIE and University Avenue NE on the � University �Yest Service Drive, the same being 7910 University Ave NE (Goclfather Pizza). UPOii �1 VOIC� VOTE, a1.1 voting aye, the motion carried unaninously. � � PL�1NIrIG COMP�(ISSIOPT P4EETIPiG - JUl`IE 1 8 Pa e $ B 2. PUBLIC HE9RING: C,ONSIDERATIOI`i OF A RFZONIPIG RE�UEST 7_,OA 8-0 BY GERALD G. JOHi1S0iJ: REZUPIL LUTS 5, ,7, t�T�1D `t'HE t1ESTLRLY 13 . FEET O.r LUT 4, LUGTA L�� ADDITIOri, FI�OT�I R-1 (SI1lGLE FAMILY DtiYELLIiJG UNITS) TO C-2 ( GEPZER�I, BUSINESS AREAS) , FOR A FROPOS�D RESTAURANT SIT�, THE SAME BEING 111�5 MISSISSIPPI STREET NE. MOTION by Mr. Langenfeld, seconded by t�ir. Peterson, to open the Public Hearing. Upon a voice vote� all voiino aye, the motion carried unanimously. The Public Hearino ��ras opened at 7:52 P,M. . Mr. Boardman shoyred the Commission the plans for the lots. He explained exac�Zy 1rhich 1.ots zvere involved ivith the request. He pointed out that at the intersection of High�tray 65 and P�fississippi there �vas no other conmercial enterprises. , Mr, tislyman Snith, the attorney representing P�Ir. Gerald G. Johnson, explained the rezoning request, He said that N1r. Johnson had o�med the property in question for 22 years. He said that since Fr.idley had its original zonzng scherae laid out, the property had been zoned R-1�. He said that it has been naintained as R-1 since that paint in iime. He said that the Iots t=�ere nicely ��fooded lots and that the neighborhood had definitely benefited fror� that �roperty. He pointed out that P4r., Johnson s�ill had to pay taxes on that property and he has decided that he ���anted to develop his property. He felt that it was not reasonable to try to develo� it as R-1 since it ti�ras located on the corner of a very busy intersection. Mr. Smith t�rent on to explain that the type oi restaurant that ti�rould locate on that property <<ras a fa.�ily-type restaurant. He said �ha� they planned to have a nicely planned buildino that ��rould be a sit-in restaurant. He said it �vould not be a drive-in or fast food restaurant. He said that there i��ould be no liquor license ap�lied for. He said that the restaurani ivould really be a good use ior the property and most sui.table to the nei�hborhood. � � Mr. Jim Lobman� President of the restaurant company that �vould be� located on the provosed si�s, e�lained that the restaurant 1rould be a nice fa�ily-style restaurant. He said that the Conpany tivas local. He said that the restaurant concept 1�ras developed in 1962. He said that he rranted the neighborhood to un�.erstand that the restaurant i�ras not a national chain restaurant trying �o move into the are�; he felt that the proposed restaurant r�ould ac�ually be very gaod for the area. Mr. �'lal�er Boyd� the real-estate broker ���orking tirith J's Restaurants= indicated that he t��as not a mem'oer oF the family or an employee, but that he ��ras rrorkino t��ith rlr. Lobman on the transaction. He explained to the Conr�ission a11 the statistics involvec? <<�ith the vroposed restaurant. He ind.icated the taxes zt r�ould brino in as ti�rell as the employ�ent statistzcs. He felt that the infornation i=rould be of interest to the Comr�ission as <<rell as the Cor�.nunity. � � PI,I��iNIl•1G COMr�tIS�ION r�L;rTING - JUl`tr 1 8 Pa�e Mr. Gerald Johnson, 712 River Lane, '�rzed long enough to develop the land it didn � t seer� anyone ti�ras in-�erested MZJa1.JJlp�1 and High��tay 65. He felt ti�ras the best solution for that piece Anoka, said that he felt he had as residential property. He said in building a� the corner of that the iariily-style re��aurant of property. � Ms. Schnabel asked if the restaurant ti°rould be open 2�. hours. Mr. Zohman indicated that it tirould be open 24 hours every day. Mr. Clarence Timo, 6517 Lucia Lane N�, read to the audience and the Comnission the rezoning request objections and petition for denial. He read, "To the City of Fridley, Planning Commission and Council rle�bers: � "�'Je as residents of the City of Fri.dley, Minnesota, hereby protest the Rezoning Request described in ZOA #78-05 for the foZlotiring reasons: 1) One of the most im�ortant ob j ections ��e have to � the Rezoning application is that it is a request for Spot Zoning; that is to say that the placing of a business establishment right in -�he middle of us homeoi�mers and citizens of Fridley, tota�ly surrounded by lots zoned as R-1 ( single fanily dti*relling units) . 2) The traffic problems a) The Knights of Columbus Hall at .the PT�rth end of Lucia Lane has a number of functions going on at their Club House a� various tiMes. AII cars returning from those functions as �rell as the Lucia Lane l��artments are routed South on Lucia Lane toti�rards Mississippi Street, there being no exit at the North end� Fro� there it neets all traffic traveling eas� and ti�rest on Mississippi Street that already has conjestion problems. (He had a picture he shoyred to the Commission of that exact conjestion problem that he had taken at 6:00 P,M. � June 7 � � 978) . � b) High<<Jay 65 and Mississippi Street already has a history of many serious accic�en�s at that corner. �• c� If the parking lot for the proposed restaurant �rere to fill up; or if some people, including trucks, seni's, etc., tilouldn't feel �ike getting jarr:ned into a park�ng 1ot, they trould park in front of �he homes, creating a further traffic hazard� PLANriIPZG COP��SISSION t�f�'TTIrtG - JUN� 1 8 Pa�e 8 D d) The proposed drive-���ays to the restaurant, off Mississippi Street tirould cross bike trails on i�iiss3.ssippi Street, This ��ould further compound the hazards of traffic. � - e) Itinerant traffic, including trucks, semis, etc. from Highcray b5 tivould inv�riably park on Mississippi Street or other convenient side streets instead of getting into the parking lot 'and ���ould re�urn via the many side streets - that intersect Mississippi. 3) The depreciation of home value. Traffic, noise� litterinb of streets by customers, and potential hang-out of undesirable resulting in possible vandalism in the area, Parkino lot lights shining in homes a1I night and ugly parking lot� in the area. People �vitn small children tixrouldn't care to buy homes in the area because of the additianal traffi.c on side streets. The aesthetic quality of ihe area i�rould be lost forever ivith the loss of the beautiful trees; i=rhere otherti�ise could be built beautiful homes. Pollution from cars and trucks; undesirable sr�ells of a� restaurant; place�ent of industrial garbage containers �vhich �vould result as an attraction for flies and rodents." - Mr. Timo said that netiv streets and gutters tirere installed less than one year ago at the uroing of the City of Fridley to inprove Fridley's residential appearance. He said that the residents did not ti�rant that appearance ruined. Mr. Timo said tY�at all the residen�s in the area purchased their homes tivith the understandinn that all the property in the a�ea i�ras zoned R-1 r'Ir. Tir�o proceeded to read the introduction to a pe�ition that had in excess oi 260 signatures. He exnlained that the people irere all property ormers unless it t:r�s indicated after their name that they �vere renters. "Petition �rotesting �ezonin�: To the Coizncil of the City of FrZdley. - 1�1e the undersigned being tax payers and residents of the City of Fridley, or/and being o��mers of the property abuttin� on Hi�hT:ray 65 and Lucia Lane and t�7ississippi Street do hereby join in a petition vrotesting against an,� conr�ercial, business, ar industrial building on s�id residential property referred to in Z0�1,�78-05: ti.�hich �ncludes Lots 5,6 & 7 and the t�resterly 136z feet of Lot 1� on Lucia Lane Addition. �7e request that you do not allo��r rezonino of said property ��rhich noti�r is zoned R-1 and tve ti�:ant it to rer�ain P.--1. I have personally signed this petition and a qualified voter of the City of Fridley and my residence is correctly yrritten after my name." � PLL'�I`1NIT�TG COP�iMISSIOiV t-�E�TING - Ji1P��; 1 c3 Pa e 6 $ E Mr. Timo said th.at he personally rrent to nost of the people. He said tha� i�r. Russell Burris of 1150 Mississippi Street NE had accompanied him on� the first fe��r. Mr. Timo attested to the fact tha� he persona].Iy visited every one of the peo�le vrith the exception of the fe.�r that P�Ir. Burris had visited and the fetiv people that happened to be on vacation or not hone durino th� time he 1�ent around ti�rith the petition. MOTTON by Mr. Langenfeld, seconded by Mr. Oquist, that the Planning Conmission receive the petition. Upon a voice vote, all voting aye, the notion carried unanimously. - Mr. Joe Randall, 12]0 Mississippi Street NE, said that he had lived in rridley most of his life. He said that the orioinal oti�ner of the property in question sold the property �ri.th the main intent that the property rer�ain.residential. He said that the area consisted of 33 quality homes that l-�ere occupied by people t�rho care for their neighborhood. Ms. P4arge Daun, 6546 Lucia Lane, said �hat they had moved to their Fresent home from 34th and Johnson Street PdE, and �he main reason ��ras to get atia�ay from ihe very probleras that �he proposed restaurant �aould create. . . � '` t4s. Loretta Lz.ne, 113Z Mississippi Street 1`T�', said that they had lived at that address for 28 years. She said that they built 1'T1�Y1 the intention of livino at that address for a long tir�e. She said that they did not like the idea of having spot zonino in the area. She also said� that it tiT�ould be very inconvenient to have the restaurant drive!�ray directly across fron their drivetiray. She said that their hoMe 1�rou1�. nrobably lose their access onto P4ississippi street because of the �raff�c that rrould be generated bJ the restaurant. Mr. Russell Burris, 1150 rZississippi Street NE, pointed out that he presently, also, hac� enou�h trouble gettin� out of his. drivecray. He d.idn't lilie the �ossibility of having access drive��rays for a rest�urant ?ocated across fron his property either. He said that there :;as already too much traffic in �hat area. HE� didnTt feel it rrould be feasible to put a restaurant in �hat location, he said it ti�ould only add to already hazardous situation. l��r. Terry Daun of 65�.6 Luc� a Lane said that if l�ir. Johnson vrould sell the �ots for a reasonable rorice, he rrould be able to sell the"lots for residential developr�ent, I��rs. Lon�� Dellr�ood Drive� said tha� there ti��ere many litt].e children th�t lived in the area. She said that presently the parents have to constantly be al•�are of the traffic that ti�ras in the area. She felt tha� ti:e rest�uran� c�ould only add to that traffic problem. She said that tne safety of the c�ildren should be considered. � PL�IPINIPTG C�l�it�IISSIOI�T MrrTIPtG - JTJ�T� 1 8 . . Pa�e . $ F Mr. Donal�. Melton, 980 Mississip�i Street NE, said tha'� they have lived in the area since �952. He said that if the property ���as rezoned, it should be conaider�d that t�tississi�pi Stree� and Hi�hcray 65 crould develop inta a major co�merczal. carner. He said it ��rasn' � viable that only one restaurant 1•rould be allotitred in an area «ithou-t expanding the entire area into a co�unercial cen�er. He said tha� he tivas totally agai.nst that concept. Mr. Robert Zuehlke, 1260 Mississippi Street P1E, said that he has lived at that address for 1,5 years. He said. that the traffic on P�iississippi Street ti�ras already so great and to add something like the propojed restaurant «ould only compound nany of the existing problens. He felt that there ti=�as enough property available in the area that rras already comnercially zoned. He couldn't understa.nd ti��hy a person r�ould �rant to iocate a restauran� in a resideniial areae He said that comprehensive planning had been done for zoning and�he felt that Fridley should abide by that plan. He said that he agreed that the property could have been sold years previous if it had been reasonably priced. � Mr. P�earl Crosser, 65b5 Lucia Zane I�tE, said that they already had a traffic probler� in.the area only added to b� the Kniohts of Columbus Hall and the area didn�t need a,.�.other establishr�ent that i�ould add even more traffic. He said that he had bought a home nine years ago �rith plans of staying in the area. Hoi�ever, if �he traffic increases nuch more, he ti�rould have to consicler looking elseti=rhere for housing. Ms. Kathy Nelson, 6356 Pierce Street, said that she represented many of the neighbors rrho ivere all opposed to the rezoning. She said that they had si�ned the petition and they lranted the Cor��ission to knotr that -they ��rere at the meeting and tirere in opposition. I�irs. Robert Bystron, 6533 Lucia Lane NE, said that another reason for hsr ovposition to the propo�ed restaurant rras that she ha�ed to see all the beautiful trees removed fror� that property. She said that they not only added beau�y to the neighborhood but also acted some�vhat as a sound barrier. . • A person in the audience asifed tirhat tirould become of the J's Restaurant located north on Highlaay 65. Mr. Lobnan said that the proposecl restaurant t�rould not be any�hing like that restaurant, He said it r�ould probably be closed. - The x�erson from the audience asked r�hy he didn't keep the restaurant ��here it ti�ras presently located rather than r�ovin� it furtlier South aoainst the rrishes of the nei�hborhood, PLRTTI�ITP�G COt-1I�ITSSIO�t t�i�LTTt•TG - JUTTE 1 8 Pa e 8 �� Mr. Lobr��n said that there ti�rere too many rules and regula�ions that had ta be fol.loered -by restaurant ot=mers in the present times �ha� a lot of �he conditions they feared could never happen. Mr. Lobman said that one of the aspects of the �roper�y that tvas most , appealing to the restaurant ��ras the fact that there ��rere many trees on the proper�y. He said that they planned to keev as many of the trees as possible. � Mr. Lobman said that he didn't fee1. tha� the restaurant �rould or could have an adverse effect on as nany people as signecl the petition. He said that figuring 26 houses per block, 260 signatures �rould nean that sign.atures taould have been obtained from ten blocks of hones; he didn't feel tha� the restaurant could effect that mvch asea. � rir. Lobman agreed that there «as a lot of traffic at P�Izssissippi Street and High�vay 65. He said that ��ras ��rhy he felt it trould be a good location for a restaura�nt. He said the traific problem �••ras another reason he felt that it cras an id�al commercial locatzon. He said � that he ti�JOUld never ti�rant to build a home at that location to raise a family. He didn�t feel �hat it 11as at all suited for an R-1 Zoning. Mr. Lobr�an said that the point <<ras raised that customers rrould have to � make a lefi turn �o enter the establishment. He said that nany establishmen�s e�.'sted tnat people had to turn left to enter. Mr. Lobnan didn't feel that any consultant ti�rould consider that corner of T�Tississippi Street and Highrray 6� as a residential corner. l�ir. Lobr�an said that the res�aurant garbage tivould be picked u� every �� day. He didn't feel that ihere tirould. be any problems o� rodents, buas, etc. PZr. Lobnan said tha-t the restaurant ti�ould have green areas. He said they :�rould have an underground sprin�i�ing system, maintenance service, fertilizer c�mpanies tnat take care of the green are�s of the restaurants, shrubs, etc. He said that the landscaping of the restaurants are exce�lent. -- --- P�r, Lobman said that, in sur�r�ary, he did no� agree ti�rith a lot of the points of objections tnat had been presented. • Mr. :'lyr.ian S�iti�z said that he agreed ivith a lot of the points that had been nade. he said that the people that lived close to that cornar zrould sign the netition to kee� the property in its present state bec�use it r;�,s a be�utiful piece of property. Hotirever, he pointed out that T�Ir. Johnson :�ras the person payin; the taxes on that property and he, also� had �or�e ridht� to m��e use of that property. PL11�Ii��ING COi�iMISSIOii MEFTSrTG - JUT�Tr 1 8 � Pa e $ F� Mr. S�ith said that it ��ras very obvious that the proper�y tivas not a logical residentzal site, He said that it ti�ras an obvious commercial site. He said that the pro�osed restaurant ��tas a�ood use for that site, Fie said that it rras a family restaurant that could be reasonably located in a residential area, Mr. Snith said that the traffic ti�ras already existent in the area. He said the Cour�s have long said tha� the increase of traific because of the use of property ti��as not an excuse for not doing i�. He said that aesthetics has never been used as criteria for denial of a request. Iie said that the request had a mininal problen in the area of health and safety of the public. Mr. Henry i�etcher, 6500 Pierce Street NE, said that he was defini�ely against any ty�e of spot rezoning in Fridley. He said that Mr. Johnson kne:�r the property �ras zoned R-i �•rhen he purchased zt. He said that Mr. Johnson could have sold that property as R-1 if he ��rould have been tivilling to accent the do�.lar value Qf R-1 property. Ke said tha� it t�as ielt by same of the neighbors that the main reason he hasn't sold the property �ras because he ��ranted to sell the Iand as connercial and not residential. He sazd tha� he t=�as definitely a�ainst the request. MOTION by Mr. Storla, seconded by i�Is. Schnabel, to close the Public Hearina. Upon a voice vote, all voting aye, the motion carried unanitnously. The Public �iearzn� �=��s closecl a-t 8: �-8 P.T�. Mr. La.ngenfeld conr�e�ted that it tiras his ovinion �hat so�e of the s�ate�ents re��rding tlze rezonino rJere assumpt� ons. He said that di�n't feel the �etitioner cra� tryino to r�is1ead a.,n.yone rrith his state�ents abouts the taxes� etc. He asked �srhat �he Staff had to reoarding the request. he s�y Mr. Boardr�an said tha� it could be a useable residential area. He sai.d that if a rezoning tiras grantecl on that pro�er-�y, there r:ould be enoudh der�zll� to hava to consider the sa�e request for the other corners of Highr;�y 65 and i�Iississi�pi. �Te said �hat it rrould result in similar prob� ems that ��rere �resent t�her� the corner rras co��ercial and the rem�inder of �Y!e block !'ras residential. rir. Boardr.�an s�id that it ;��as s�ot development an� Fridley has been tryin� �o oe� ati:ay fror:► that ty�e of ihin�. He said that it ti�rasn°t vie��red as a good rezoning. NIs. Schna.bel said that she had alr;ays ���ondered r�hy that corner had never been develo�ed. She said tha-t it l�ras a beautiful corner and felt it ��ould M�.ke nice home s� tes. She pointed ou� that rn�ny trees trould still have to be renoved to construct three separate houses, She said it ��ias �assible that the s�MS nui�ber of trees i�roula have to be rer�oved for the+tnree individual hoMe sitcs as ��iould �iave to be removed to con�truct the proposeu restaurant. P�Ir. Peterson asked ��hen the lots l�rere zoned R-1. P�ir. Board�an said that it t��as zoned R-1 in � 955 �d has al��ays been zoned R-1. d PLANNING COMMISSION MEETING - JUNE 7, .1978 Page 10 �• MOTION by Mr. Langenfeld, seconded by Mr. Oquist, that the Planning Commission recommen� denial of the consideration of a rezoning request, ZOA #78-05, by Gerald G. Johnson: Rezone Lots 5,6, 7 and the westerly 136.50 feet of Lot 4, Lucia Lane Addition, from R-1 (single family dwelling units) to C-2 (General Business Areas), for a proposed restaurant si�e, the same being 1145 Mississippi Street NE., for the fallcwing reascns: 1) It would definitely be a spot rezoning; 2) Ther� would be a traffic prcblem (which already existed); 3) It would interfere with the bike trails; 4) It could have an effect on the depreciation of the homes in the area; - 5) It would have an environmental impact in regards to noise and aesthetic values. � Mr. Langenfeld said that he fully realized the rights of the property owner, but he felt that the particular type of zoning request should be denied. Mr. Peterson asked the petitioner if he would consicier operating the restaurant on less than a 24-hour basis. Mr. Lobman said that he didn't feel a reduction in hours would make the neigrborhood residents feel any differently about the proposed restaurant. Chairperson Harris said that he understood the petitioner's dilemma; however, he felt that the rezoning of the property would not be in... concert with the rest of the surrounding properties as it has been developed. He said that the surrounding neighbors had the right to expect that since tl�e property was zoned as R-1, that the status quo would be maintained. N:r. Harris felt that the property in question could be developed in an R-1 manner. He indicated that because of the above statement he would vote in favor of denial of the request. UPON A VOICE VOTE, all voting aye, the_motion carried unanimously. � Chairperson Harris declared a break at 9:22 P.M. Mr. Storla left the meeting because of prior commitments. 3. CONTINUED: ENERGY COMMISSION DISCUSSION Mr. Oquist indicated that P�Ir. Storla had left some comments on the Energy C'"ommittee. He read the statements to the Commission: Mr. Storla felt that people that should be considered as members of the Energy Committee could be someone from the American Legion and from the Leaque of Women Voters because both of the �roups' National Committee has recommended that they get involved in the Energy problem. . Mr. Storla also felt that someone from the Cabel TV or the Sun NEwspaper shauld be a member of the Committee to act as a public relations person. PLANNING COMMISSION MEETING - JUNE 7, 1978 Pa�e 11 3 J Mr. Langenfeld said that in regards to the information provided by Staff, he was ir. agreement ��ith the Purpose and Scope. He said that as the section on Membership was stated was the manner he would like to see the Energy Project Committee set up. Mr. La�genfeld wanted to know what was needed as far as the "Length of Project". ' � Mr. Boardman said that there should be some time period that the Project Commit�ee should work under. . Mr. Peterson said that he felt very strongly about the manning of the Energy Project Committee. He said that some procedure should be looked at in order to properly man the Committee. He said that as the Cnairperson, Mr. Harris had the p.rerogative to�appoint and as a Commission, they would have.the prerogative to suggest and approve. Mr. Peterson said that whether or not everyone agreed about the Energy situation; and whether or not everyone agreed that an Energy Projec� Committee would arrive at answers, he felt that the situation being a� it was and Energy being so vital to the total life style today, it behooved the City of Fridley to put a projec� committee into action.. Chairperson Harris said th�.t the City of Fridley should have an Energy Policy. Chairperson Harris said that a Chazrperson and liaisen person should be decided upon. Mr. Boardman suggested that a member of the Planning Commission be chairperson of the Project Committee, primarily to give direction and to report back to the Planning Commission. Mr. Oquist said that it was possible that the Chairperson could be an elected per�on that could appear at the Planning Commission meeting to give the status report of the Project Committee. Mr. Langenfeld said that perhaps a per�:on from thF Planning Commission could start the Project Committee and, at a later time, have the members of the Committee elect a person to be ihe Chairperson. He said that the member of the Planning Comm�issian could get the Committee going, giving it proper dir�ction, and then once established the members of the Committee could take over. Cha�rperson Harris said that since his main responsibility was to be Chair•person of the Planning Commission, he would agree to start the Committee off in the right direction, if that was what the Planning Commission wanted him to do. Mr. Boardman said tha� if the Chairperson of the Project Committee was not a member of the Planning Commission, exactly what would the responsibility of Staff be to that Committee. He wanted tc know exactly what the Planning Cor�mission wanted frcm Staff as to the support for the Project Commi�tee. PLANNING COP�IMISSION MEETING - JUNE 7, 1978 �Pa�e 12 ��i Ms. Schnabel felt that Staff support would be very important to the Energy Prcject Committee. Mr. Boardman said that someone was needed to give general direction to the Energy Project Committee and to keep the members of the Committee going in that direction. He said the reason he wanted a person from the Planning Commission to be the Chairperson was so that member could keep the Committee in a certain direction and only call on Staff wher, it was needed and not necessarily have a full-time staff person available for the Project Committee. Ms. Schnabel said that if the right person was chairing that Committee it would proceed in that manner. She said that the Chai.rperson would probably be so intensly interested in the subject that they would probably do most of the work themselves. Mr. Boardman said that a certain Scope of the Project Committee had to be set up with a person that could keep the Committee in line with that scope. Mr. Peterson said that what was needed was someone like Pat Gabel who did a fantastic job on the Sign Committee. He�said that P�Is. Gabel kept that Committee moving with very little Staff help. He said that the Sign Cammittee did such a great job because of this individual. � - Mr. Boardman said that the Energy Project Committee could obtain Staff help, Staff liaison, and secretarial help. He said that it would have to be recommended by the Planning Commission to the City Council. Chairperson Harris suggested that the Planning Commission start the Energy Project Committee out and convene and run it for a period of time until the Committee was completely arganized and operating and at that time, it can be decided if the Committee should have an election of a Chairperson. He felt that someone from the Planning Commission should initially Chair the Energy Proje�t Committee. He said.that he would go to City Council and request some Staff time and secretarial help. -- -- --- -- Ms. Schnabel said that the Staff assistance should be on an "as need" basis and that secretarial help should be on a regular• b asis-. She said that all the organizational work should be completed on the Energy Project Committee before the first meeting so that the members would know exactly what would be expected�of them. Mr. Peterson said that the Planning Commission should have all the preliminary �vork done for the Energy Projec� Committee by July 26, 1978. Mr. Boardman said that he would put together a package of all the information that he had thus far so that the members of the Planning Commission could gather their thoughts to get the Energy Project Committee into acticn. PLANNING COMMISSION MEETING - JUNE 7, 1978 Page 13 - . 8L MOTION by Mr. Pet�rsan, seconded by Ms. Schnabel,that the Planning Commission recommend to-C.i.ty Council the need of City Administrative help on an "as need" basis and for secretarial help on a regular basis ior the Energy Project Committee; and that the Planning Commission accept the volunteering of Mr. Harris to act as Chairperson of the Energy Project Committee; ar.d� that the organization of the Energy Project Committee be completed by July 26 , 1978 . _ _ _. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. 4. CONTINUED: RECYCLING PROJECT REPORT: Ns. Schr_abel indicated that the ztem had been continued until such time as a member of the Project Committee was present to answer questions. She said that there was no one at the meeting from the Project Committee. Mr. Langenfeld said that the person most involved was on vacaticn and no one else was able to appear at the meeting that evening. He felt that since the Planning Commission had questions regarding the Recycling Project Report, a representative of that Committee should be present to answer �hose questions. - MOTION by Mr. Peterson, seconded by Mr. Langenfel.d, to continue the item until such time that a member of the Project Committee could be present to answer the questions of the Plannzng Commission. Upon a voice vate, all voting aye, the motion carried unanimously. 5. RECEIVE COMMUNITY DEVELOPMENT CQMMISSION MINUTES:� MAY 9, 1978 P�IOTION by T�r. Oquist, seconded by Mr. Peterson, that the Planning Comn.ission receive.the May 9, 1978, minutes of the Community Development Commission meeting. Mr. Oquist said �hat the Advisory Standards for Land Use Regulations was discussed at the meeting. He said that a motion was made by Connie Modig and seconded by Kenneth Vos, to recommend to Planning Commission that the minimum lot size for single family dwe22ings be no less than 7,500 square feet and a minimum �f 60 feet wide. Mr. Oquist said that a rr.otion wa� also made by Connie Modig and seconded by Al Gabel, to recommend to Planning Commission that the existing Zoning Or�d�nance was adequate for house size and that por�ion of �he Qrdinance should not be changed. He said that the recommendations were made primarily for the time tha� the Zoning Ordinance would be reviewed. PLANNING COMMISSIO� P�EETING - JUNE 7, 1978 Pa�e l4 � g M Mr. Oquist said that a Motion was made by Kenneth Vos, and seconded by Connie Modig, that a garage was a structure which could be considered a necessity for basic living needs and should still be required in the Ordinance. Mr. Harris said that the section of the Ordinance that addressed garages.wa� most confusing. ' Mr. Boardman said that the main problem witr, the Ordinance was that it always stated lot sizes and he felt that density should �e involved. . Chairperson Harris suggested that any land platted after a certain date could be addressed in regards to density ra�he r than lot sizes. I:e said that a special platting ordinance could be drawn up to handle that type of thing. He said in that way each parcel could be addressed by itself. Mr. Boardman said that something had to be deveZoped to address redevelopment of properties. � Chairperson Harris said that he didn't think that,all the remaining commercial lots could be developed as commercial enterprises. He said it was very possible that requests-will be received to have many of those lots rezoned to residential. , Mr. Oquist said tha� the point was that the,Commission felt that garages should be req,uired. P'Is. Schnabel cited an example where the Appeals Commission felt it had been right to waive the garage requirement. She said that there were some situations that came up that would make it economicalZy unfeasible to build the garage at the time trie house was constructed. Mr. Oquist said that the citizens would still have the Appeals option. Chairperson Harris said that �he best way to handle the situation would �, be by having a Platting Ordinance. He said that way rezoning hearings . would not have to be held. ; NIr. Eoardman said that by addressing the density rather than lot si2e would allow the flexibility to have lot size coordinate with the ; entire devel.opment. I�Ir. Peterson said it would take maximum advantage oi the topogra�hy of the area being developed. He felt that it would be a very ��rorkable idea. UPON A VOTCE VOTE, aIl voting aye the motion carried unanimously. The Community Development Commission minutes of May 9, 1.978, �oere received at 10:39 P.M. PLANNING COMMISSION MEETING - JUNE 7, 1978 Page 15 $ C'� 6. RECEIVE ErIVIROr1MENTAL QUALITY COMMISSION MINUTES: P�lAY 16, 1978 � MOTION by Mr. Langenfeld, seconded by Ms. Schnabel, that the Planning Comrr;ission receive the Environmental Quality Commission minutes of May 16, 1978. , Mr. Langenfeld referenced Page 6 of the minutes regarding the Highway Chemical Uses and Effects -- Run-Off. He said that he had gone to the area in question and noticed exactly where the salt was going into the soil and running into the river. He said tYiat from the river side, actual discoloration of the soil and the soil running into the river was obvious. He said that the situation appalled him. Mr. Langenfeld said that he decided to go into the area again and confirm to himself what he had seen.� He said that when he approached the area, there were "No Trespassing" signs posted. He, therefore, did r.�ot go into the property. - �- Mr. Boardman stated that the storage area of highway chemicals was in the flood plain as well as in the Critical Area. He suggested that a report be requested.irom staff regarding any p roblems that were being experienced in that area. He said that way they could find out what the State planned for that area as well as how i� would effect the Critical Areas. I�Zr. Langenfeld said that Ray Leek had aIl the information. He � said that Mr. Leek was going to review the information to find out if there were other areas that could be effecting the Critical Areas. He said the information was from the work Mr. Langenfeld had done regarding the "Non-Point Source Pollution Introduction". UPON A VOICE VCTE, all voting aye, the motion carried unanimously. MOTION by Mr. Pe�erson, seconded by Mr. Langenfeld, that Staff be directed to gather all the necessary information regarding possible pollution problems in regards to the storage of highway chemicals on East River Road, south of Interstate 694; and that a member of the Environmental Quality Commission be allowed to attend when the Staff person visited the site. Upon a voice vote, all voting aye, the motion carried unanimously. 7. RECEIVE PARKS & RECREATION COMMISSIQN MINUTES: MAY 22, 1978 . MOTION by Mr. Peterson, seconded by Mr. Langenfeld, that the Planning Commission receive the May 22, 1978, minutes of the Parks and Recreation Commission meeting. . 80 FLANNIIVG CQP�MISSIOr1 PdEETIniG - JUP�E 7, 1978 Pa�e, 16 Mr. 1'eterson referenced pages 9& 10 of the minutes regarding the Hillcrest. Petition for park area. He said that a motion was made by Jan Seeger, seconded by Robin Suhrbier, to recomrnend to City Council, through Planning Commission, that the property in question had never been park land, that it was not part of the park plan, so additional land should r�ot be p�rchased and developed, and that the possibilities of selling the land be explored and the money from the selling of the land and money that would be allocated by the developer be put into escrow for providing access under the railroad tracks to connect that neighborhood with the entire park system. - Mr. Peterson said that the Parks & Recreation Comrr:ission wanted the Planning Commission to indicate whether or not they concur with the above motion, so that it would be forwarded to the City Council. Chairperson Harris asked what was developing regarding Locke Fark and the possibility of Anoka County taking over the mair�tenance of same. � Mr. Boardman said that he hadn't heard of anything���egarding Locke i Park. � . . � Chairperson Harris indicated that as Chair of the Planning Commission he was requesting that the City Council respond to the previous request or the possibility of turning Lock Park over to Anoka County for maintenance and cperation as per an original request made some I� . time ago. _ UPON A VOICE VOTE, all voting aye, the mo�ion carried unanimously. The minutes of the May 22, 1978, Parks and Recreation Commission meeting were received a� 11:00 P.M. � MOTION by Mr. Langenfeld, seconded by Ms. Schnabel, that the Planning ; Commission concur with the motion made by Jan Seeger and seconded by Robin Suhrbier regarding the Hillcrest Petition for park area. Upon a voice vote, all voting aye, the motion carried unanimously. , 8. RECEIVE APPEALS COMMISSION MINUTES: MAY 23, 1978 MOTION by P�7s. Schnabel, seconded by Mr. Oquist, that the Planning '� Commission receive the Appeals Commission Minutes of May 23, 1978. Pds. Schnabel explained the discussion the Appeals Commission had regarding a variance request by Mr. & Mrs. Bethel. She said th�.t after much deliberation, it was decided that the intent had been carried out in terms of the notifying the adjacent neighbors and involved property owners. She said the Appeals Commission had been uncomfortable handling.the request because it was carried through by the pe�itioners rather than through the normal channels. 8P PLANIVIIVG COMMTSSION MEETING - Ji;NE 7, 1978 Pa�;e 17 Chairperson Harr�.s indicated that a, hand-carried notice was a proper procedure of notification. He said that there had been a Supreme Courth ruling that the hand-carried notice was one of the ways of properly notifying involved property owners. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. 9. OTHER �- - _ . Mr. Langenfeld sa.id that the "ground breaking" ceremony for the new Senior Citizen building located across from City Hall had been very interesting. fiDJOURNMENT . . Chairperson Harris declared the June 7, 1978, Planning Commission meeting adjourned at 11:10 P.M. . - RespectfulZy submitted, _ ' . MaryLee Carhill Recording Secretary - i � P.S. #78-04 East Ranch Estates 4th Addi ion ��r-� ' same being 7910 University Avenue N.E. �'ti�'y � (Godfather Pi zza ) , �,. ',� ::� -� !1�s,,,- .< � ( . �;, , . T_��� .. /i .. e',i.y . �'�. . . .../•wi�_s�' � �t.. .�� Q �-"-�.. 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''+q` y � ,,o� ! - / g %".....i ''�a,�� °' 2 � L� � \•��' •� � " • t yi�l./.F'' -•:s.-� -��ti_:; . 1 h..�.......'-'+���•�•�—•__:�,`�°in}>\I7c83i S � • i ,r `�;,� r � . _ - 1 .. � `�^ � ' � e� f� ,�'.y: .-.:M�,�,�:••.�� �1�1=x,;�.• '%.'^,.�,.. 707SY70b�r��7061 . �` : --- Q�: , _ ; �. . i� �, � � ; ,� ; r�' f�, �i, ��u� �� �. - �`, - . �. � � . ._����.,��.� .�.. ,� . � �} � . � . _ . , ..- � �g, - �� , �'Z1, � ti►::. !e� �,�$ ii i,ii_`i �:✓y���.,' �. ., { _:r�r•. v� : �:;ti..`c�,�,��..: -,.��°' ?' L.:�� - .� t 1 r1� . ��♦ Y` �J. . \� . / � :(�'" r�s �± �F��f':..Y Y> ' :�/�s. v..•m.x.�jti.�'} "'1 �� ����1�� ^ 'r�-b.'J � �. ��q l �� � � � ' � -` `� `� �/ ��. ~\� . `��� 1; �c.a�� � �..� �, z' �. :`s. %Os 3�• �„/ ���.' .� '•� , . � . .. . �... ! .. .. � Y� � • f-r �� , . .� � ..n.-... ' _ ��.. ��� ,.,' �`u' �• v .. . . . � r, �+� 2 ` �. . +`; � �F t�� - . � ..I` ..�07G„ .706 � ' " � ,� M f ,,_ . � .... ��� � � � �o.�s_�:, . : •� t � �,. .� a � �.. 7043 . � .�: .. ,: r •��. v � ` � yi,� �� � �i 1 �` :�. .. _�.._..�.,.t.. .� 0 � ��� � •,: .1 � �' � ���G, p ' � � : . : . -. ,� _ ... ,r„r `�e;., :;.,.... 4 �?� Z ���t.�.�a` E/��-77 �+� -;_ _ . . _. ,. �' t� ?r..: r i o �cJ� i%JhS+ ( t:. i ywr.:.a.we✓!"�l 1; , } ��y '- "'1 .�.r+' � �/�,�, �" � �,.-' '`=J-� � / 14r�•j `.'J.;rw . �• 11� �' i'V i __,� �i��; �:'•C � ' -- ---'- s `�� � � J � F � 1 '; f� "; �y.• � ' •, �� "\.. �, •— :C.- ,^.'"�',) � jY �'i"'° .:a_`_ :: +{.` 70 J J t � ( � ' 1 .� ./) ��1a�._ r..- ` ��.. ♦t.�'+Jy �, � ' ; • f .�,.: .� . h f r � � . 3 , _ .. ;. . --z • y V• ,f a ♦ h•Cirv'�Iti1f..i�J.✓���t• ` .. ,I^,G, inYl •t,� �^ . � ��^� :l } �� S . . . . � � Y : :, : ' r��� � (•`� � ,"• � • t � � • - �ti �,� _ � , ~ , � teti � r N l., :ti � a '� 'r� � U !� J�'.1, j L f' � � .. � , rt 1:. �Z �. � •;`�:;v� � ,;' i.Li,: �Y..� .i.7'"•~ "• _S ,� � o�: f :� �, .�.� ��7. :. i � :' : 6 i+ 1 � ' � `'✓'�' � � � � ` ��r c: :!� .K �` 3,t ', � :� ` a � z � ` ��'� �f�� I : io .,�:� , '1. �._L � • � ) 1 2'b .v..v � d • � j �• . .• 4�'.Q: • ,�P ,�i1�. r� !�.Y /.:/✓. . ` "� 3� �`f�X �;0.1y?d . ..��Y � y ,�. �, .. • '7p�5 t••�r,:� � � ( �� ��. , ,� ;�� �-' �_ ..�� . j'� �F a r"_"1'_"' r ^ ' `�t�� 1 ..� {�•u't � 7`019� .�� �: �_�� � i.�� . � �" �� .� •1� �'• � �',.�,���.t � "'�� ' • � - - - ,n � .,i. � • �%.• .� ,>- p� `V. � � ��' -L! • `1 /� rtNa41.v�+/•vitdMt�.e!•/'"�l�i� �j,j .�.-.,�\:�� .,�' �/,, •r'� """_lS� '(� ��.rr • ���"� � , � � _�.. �, / �:a• ',� �.{1 .<�M�r;N y�����i.�..�'(�n/ rr!'�r - ..'ti,1:" ��rwl77' • i �-. � . • . ,n f" � � •,l, :J ^.'i : d •:. �. �• .. � I� .� O ,�. ; .. _� ' � !, ..a..�.r�-�—�--•-- �� �t . �%' '��.•..✓1 �� •�•. 1�[ % O1 � Z � � . ��.;.� •• 'TO T!t tyAY N.E.� � _�,�,,.r,�.,.+«. � 4- ti � :1 : .j i� p• � �.f �. . . .i�--- �, . , . 4 ; � � � V ry ;rTe the undersi�;ned, petition the City Counczl and Park i Board to c�;nsider purcr�asin�; add�-tional land to develop i a. t�ark in the Hillcrest a.d_dit�on, The City nar,r ovms lots .�, 11, �nd 12�o�3the parcel of land bordered on the Triest by kae�t River �oa.d, on the i�Iorth by I�.yers Ave, on the , East by the 3urlington Ra.ilroa.d tracks a.nd on the South by Ostmants thircl addition. 2'h.i.s area after development would serve as a park and play arca .£or the families from Zock Lake an �he South to Osborne Road on the North. There are at present no such fa.cilities �ritncut crassing the i3urlin�ton ltailraad tra.cks or Ea.st i�.iver Roa.d. � ° P O - , j I 6 ���y� .�r -,,,-- , . �/� _� 7 / � 'S 7i- T"r//� "%% c (�'Y '�-'' � . � � - • r �.-� � ,�, '^ ,�.�.:. ,�,i.�,�? ,;' %/ ' �- � :�� �.� ` . ; �c.c���� -�, � z � � - ` ;�.�. -�. 74 - 9 ' % ��� . �� �.�� � , `��-s"3 � ;�- � � s �- s�� , � %2`� �a cl��-�c,.t�c�: ����.rv� �� �U �`-c.�.G�'' � ��` � .�` L%/�_'r� `�..5� � ;—C � � ; . / JO' � ��. � � / � -- � �" � t ��J'�.,f'"'r+'� � s�,.��x{,' l �;�/ �' " 5~ j� n c�y ' Q � � � ' .C-L ,`� �'i1i. �. i �} / �'" / L( 4� ' �n �- 1 Z� � �.v �- ��?` � �. C� ��' � - / � � � �-�.� � � �- �� .--�� �' � L._ 4(.� c � Z c-` -.� �i. i ��J�S ", �l n � �.�; �. /" �!ti k�. r�� � r �.` \��� Zii �t , : `a/ L° ,jr��j.�� j,. � �j� ,� N 1... " � ;� Ze�,�- � '' (v �7�_. /� ��cr��� �� . � �/ Lf�fG��-� � �/' �i",� � ,�� � , , �� � �- /._ �� �' � .-2�.�-ti'Z �' � � �ti ,9? ,. �/ � � � �' 'I�i� 4� ��� r,�-�=�� �� � 7 �� �,�� ,� � � r` �:�� �• - � ��� ��-���� �. � t ' n .� /�� `7 c � � � ` � � ��/ - l / a2 � L� / ��- . � i�t.,-= f �•�e..s��i -�' ---'7c�- �,1. , _ .,, . <e � ..S" % �J ,J / %L? , .�,.�--, �ti�, ��, ,��c.e1 � � "�� � It2t � ' � �� ! �� - � �.�.v-% �i� ` t�.� ` p�- � �'7 �7�i 1 z' 7 i � .��� ' !� �% � ��. � _ � ,, ��. S " �� � C.. , � /i r�� 1 t"u, .�i'�-t� 0 ? G� C✓" c i/ / ' N�1 �I F � ��___� � �pp�'tF_S S � i a� �1 � �� -- - �� �� � 1�NoNG.' # �� !+�' .����-����, �7/ � �s3/ 0 /Y �� % ;.'e the �anuers� �r�ed, petition the Cit�� Counca.l �.r.d Fark Roard to ccnsider p�irctlr�sing �ditional �and to develop a pa.rk in thc Hillcr�st a�?dition. The Cit;� no�: o�fm:� lc�ts � 11, and 12�r c�i�JthE� parcel. 01' lazad bordered on th� 'r�'es�t; by E'sst Ri.ver Ro�,a, on the 2dorth by Myers �?ve, �ri the i�,ast r� the Burl�-ng�ton Rai7.roUd tracks and an ihe South by Ostmants thi�d addition. This area aft,er develo�-;rne:it would serve as a pr�rk and play area for �the fanilies from Lr.ck I,ake on the South to O�b�rne r�oaci ox� the North. There a.re at present no such faeiliti�s withaut crossirig the ?3urlington Railro �d tracks or East .�%iver Road. � � f� . ' i� . . -,�._ _,� ji r ��, � p' �' � � j% i �� �� �_�Y�����:�� 7. r �� �,, ���� � '%�:�'� ' �%�i�i.� ,�.>, ". ��� �� -r .�. -y-.-U-;:c..�-=- �i l �Yr , �.. � � ,, ..,-� , ���f'��--._._ .�_ � � �� yC( G�;/i I � �— s �.:�.� � '' � �' �,.� ����-.� � n ,;� . , ,.. �� , ; j �".,1'��� c��='-rE' ( �. i�-"_ � ' �_C' ��`�Z- ^ �.t? � � �;. ' f � �,. ___.._ • -.���? �i �- �(�Y����. �"� � T —� ��. �� '+ �,J , � ~�._ : ! 1 � . . � � • •�, r �"J�;j t' f .,. , � ''�i , � .�: e � �? � ��� � � � � _� , r�" r^, ~1 � % ; _^. � j %r�,/ �-�� � '��.. v i � .� . , � G� .� / %r/IG= ��` � s % yc � �C s' / �/ N �. , ,,,�-y,/� �`; ; � �� � c_ ��t1 i� -� � �` � r�ic�,�n _ G'. �� �� �.�c?�- = �� �'�G� % �'-�� ,t%�� %� � ,�C l %'�l r i•',.1� �. � �' � � �`���%�-- ���-�- /'�� , � ,- �, , ,���� �; , �� � �. , ,� �z�;; ;i . ;:.. , C1;. .C'� �% � �� � !.-i�_-�L- '��'� r '`, .i r���� �� � � ' � . /i�r�'� i�' ! . / / � ✓ � . ft, y( ' -/ :.�r c -c. �/ �' /� � , ��� ' � �%l �'4' � ���.t;�1. It��'.ti �. — � ' 1, � U�i� � /�� � j� e`--� ,.< G�se�'. � ' � �-f��=—��G �- � ,�>-,,.� ��� / ��,� � .�� :-u-t.-�.��,.L_, , 9X � ���-���1�/ �.�- � _ _ )�- � °-% / - " % ` f � ��.J - 7 �� � ,- ----�= ��7/– Si�' j — .,.,, � S 7 i r-- 2..� � 6 S�%/-- 19_� _'� 1 `t� -- t � "� .S�%/� G' �/.� 57i-��cf/ ____.. -�; %%' G4 /`/ �7�- vY�a � _��/—n�� z _ . _ � 1/ � �� G� ;t � i 7/-�/�/% �� � _����- . � � 5'j/- /�.'�' � � _.C�t=?1--I.1�--1�?-�' }� 1�,�.�"?,,i � ,_ � � �~? ! �,1,_5.. � r , ;,� ;�e t.}-.�; undt r�:ik;ned., netit:.on tn� C:i.t;� ��,.inci.l ?nd =��rk i?O��T'Cl �Ci C Ci.S:IC�f:l^ �:;�lr'Cf?<iSlYlfr ii(;�(�-'.ti:L011d��. 1."'17i� �'p fj.� J�`LC�. a park `.n th�. Ti"17_crF•st �,�1.d�i.t�.�,n. The !;zt;� r.c�: ��f,ris lots �,$; 11, �:nd 1?� �,?'�� hE �arcel oi' land b�rcier�d on ' t,;� ':ie5t, �y East Rzvf�r .�o�c�, or� t.�e I�?orth by P�iy�rs Fv� , un �;�:e �ast '-y ih�-� :3url�n�;ton Railro<:� tracYS and cn tr�e� ���uth by Ustm�n�s trfiz�r add_ition. Th:i.s are��. ait_:r ciev,�lr��,,.c:;it would ser��e �+s �-. pa.rl: and �,l�y area for th� fa-�il:.es fro��� Lrck La ke orl tr! e S outh i,a Os borne i�o2d on tne North . `l'here ar� at p: esent nc such �acilities k�at�cut crossir�g the T3urlir��;tor. tz.a-�lroad tracks or East i�.iver t�oUd. rl �!/ ��` �'t!{ ��f� -::�z2 s-u`E'/ /,..l1-. C.. ��' �G L Y /L C��.�' C`..��J �%L� ^t-,.c- � -��,, c ' t!) % � � ,�� � .� :% � � �, -� ���'l �l, ', -� �• ; ,� �� �- t % iyJ ' % ✓�('1 . r� /✓L �: ^-� • 1 ct bcr�/� =.`� J / ' / ` �� Y�� �'/.w� �t ,��" � r� �t�. ,, � � d 7��� �� L�.�� ,_ �,r.ti�' ---� �� � �' ��-� ��.,��..�.� �� ,i � � , �� /� �� . � � . 7_ i � '� %, � � �.+� u.� � .ru�,c.t , f C.-c-7 C�,` ,� � F :t.;L�'%r�t? . 1��� .���, ��C �,__ . J . � �- C� �C—l',�L_ "�'1 ��� .. ;7 (J � ��� � ._ _,�� , , a ,, /, � � c,, ; � "`! . '�'-7�1-1..�.- !, ,.�i' �✓ ) . /i .�' �,r , - :,.-,�_ � � �� � e li � u . � t � / Gi , - � � , � ..� % ' � , � �. � '.. � <• i�P�r.<_ . 1_. ' / ;r�,L' �� ' ,. r i 5—.71 —���33 , , � ,. _5 � � - :� � '7 �� �cf 'tl % !�, ] t � �i �� - ! �il�.c !c't 2� �, � t ( c? f.t f t �, J % % (. `i' G - j J ' �� � ��t,� /-, :�;:; �.`.�f�,�. �'- ��1 ' �` — iG % r �.�, �' '�-c,�`':t:�:.> ��r..�, c�'; � � � � �l - �'� '�i�.� � J�`� 19 y ' - �� � , �� .�-c-�2- �-!.� 1� �` S � �� `� .S / �� - ���L .S % / - 6 ) / ] �� I � / ' �� �/C� K_. �i�j , iC %G. S—�7� — ��/ �' / f!' %�{ C' �� c t` �� �� 1�� ,�l f � 1- �/ � �� / (� % � f � ( C�"' ( J il �_[, e'�s�-C�/ r I � !, J�/ � c� �r. s �C � � �l1—�I�SZ � �� � �� �L .� ��_c-� �n _..' � � J � � ` � �, ,> � ,1 _ , �; - 7 _ c`.��j�'� ��f.r_..�� ,�. �� �,�. /1�. �`" � `�`% / 7 .� ` �: � � ��� �,1� ; � �� /� �v �.ti.-i��_, S 7 / — `/ %� �/ l� � �(/� c1. crl�����,�i1(r� Il.� . .S`7/-%'�i� 7' '�'� ti�e tz�d.�r�i�'ned� Ttotiticn the C�.ty Counci.l �nd l'ark :�"�oarcl tc� c nsider �tz�xch�:san� �dcla.ti.c:na1 land to c�EVelpp a. p�xk �n t��e �13.11cre�t F,�'diti,�n. �'rfo C�_t,y r�oc<: owns 1ot,g .�8-� 11� �;nd 12„'rt` �hE x>�rcel ei" 1€nci bcrdered or� the t�est t�� �:ast k3v�r F�o�c�� an th� i�ior�i� by t;,yers �1v�:,, an tha s�:ast �;y tha �urZ3.ngtcr. �a.iJsc��d ir��ck� �nd on the 5�uth by Ustman�: thi.rci ar.?d.itian. `ii�`.s �ra� af'tEar devf:la�ment would �Erva as � p�rk �xnd pl�y �r�a f ar the f'�m�lies from I,nck Lake on thQ South tn Usboz�ne i�a�-�d on tFz� iUorth. x'hr re �are at pres�nt no such i'FCi.Ziiiee Vi�.thaut cross�.n� the �3urlin�;ton l��:tlroF:d track� or k:E�t �tiver �io�.d. nr' �-< t`'J f� ; J a� t:� %� �° ..F, � �. ._._._..__......_ - - . - . -- - f ��55" .-��.�.. �����_...._ � . . 1 ��__ .. .. _. ___ . _____._.�_._._._�..4 _ _ ____ _�____.... , . � . _ _ . _ . . ������ ,�.; -�_'.�--�-� � � � ... �:� � � � C1 . G � '.��! � ..�� l�� .� � z ; � ��- �� .� ,�' � � ! 't a-3 c � �, ,;,,,,,�. 2�. ��,35� .� 1..�- �� �.� .�c►� �S � ,�� �`s"'w • �_��.�..r._,w..... 1 �� �.',,,,,.�'-,.� 1�1 l% G �� ' __ 8�.. �o � �. � � � F= �� �� �t� ` �-� �..:�..._:_... ��� �� ,._ 7_3.� I .����� �' . � % 3�,2. � � %t�-z�,� �...� . � �r � � , �.. . � � �%/ 3 S� �, ,c,�.Lc, �'C.1! �•..ti.r.n..+.........+� �.;�....�.........wY.� �«��� ��� . �' li�.- � 8 �J� t�%1."�V.�=' i�' -��'��-,i� �!/ .._...._S.�L. _�..� �- g �7�� � �� � �`%�-`��`'�- �Q5"? t --� $ � 3 2� ,�� '� Y�'/ ,_._ �%� 6 �''�,..� _ �? � --����' -- �"?� - � o �a ,S'7l � ���%D S'7 I ` v r� �` ��---�-? "��__.r_�j� _._..__.,_._ � �4�- a�j� .�..✓�i ���'. __ .�2.�.�a��.._. a��_..�.a3 � _.__ �5 7/-G� a �_._ v�`�l - /�!�' ? . 1 ,. /V,a wt � � G: . �.�', � .� I � . � .. ., •��.. � /,/ ,, � I . �� �- � ��.._ .' ��.. i i i �.� /%/� � .� �� ,' �` �.j � , _ �t � ■ �t c�C� r t 5 5 ___� � l� , lit1�/Y "1 O �( � � f?,� � }t.,1 70 � � �.�,�. ���'3 �-�:�_f�-� c � d � ___� 7 /�r � -�r � =---�,- `�/1`�/_ /_L'...o -_ � 70 ? � � �, � %0 7 S' 70 � 3 ��o,�,� ,� 8 BB � ��/ / 9 g s�r r g �. s �� -�� 7 � � 5%/- c� 9�? L� � 2.__ . �'" � / � b `'� � ,�.-. S�/- .� � , . -- go �� .�� �?. 4�•t t -;� C�,� 1 l.L�v —� `%� ' ll � `% _ � -� £ s���_ ��b,, �r?.�► ��� �%/: . S 7l - UvD�� i � March 24, 1978 Dear Mr. Boudreau; Thank you for returning my calz yesterday. My family and I object to private and or public housing development in the area bounded by East River Road, Osborne Road, the Ilurlington Northern Railroad tracks, and �ickory Drive for the followin� reasons: 1} we need a tot park in this area for the 50-75 small children who must eith�r cross the railroad track or East River Road to enjoy such facilities. As you are well aware, both alternatives are quite dangerous. 2) the area in question may contain as many as nine home sites with as many possibilities for families with small children- all the more children to seek park areas across the dangerous thorou�h- fares. 3) Riverwood School will be closing soon, therefore if more children live in this neighborhood, more will need to be bussed. Please, we need and would use a park. S ;�.� e Z� , _ . � r � �� f.c.��--�.-�.� �" c�='z: __--_.. Ra.chard J. Van veln �� 6g79 Hickory Drive Northeast Fridley, Mn. 55432 571-8562 � �� March 31, 1978 Mr. Chuck Boudreau City of Fri dley Parks & R:ecreation 6I�31 Uni.versity Ave. N.E. Frid7.ey, Minnesota Dear Mr. Boudreau: This letter is to voice my opinion of recent discussions for the possible developemt of the property north of Hickory Drive and 71st along the Burlington Northern tracks. It is my under- standing that the City of Fridley has discussed during the last city cov.nsel meeting the sale of this praperty to a land developer for the purpose of building. As you know•, our little area is cut off not only by East River Road and the Burlington N orthern tracks, but also by Locke Lake. Even though Fridley has provided many parks for children in our g eneral area, not one of these parks is accessible wi.thout putting our youngsters in danger by either crassing a busy street or the trai.n tracks. It is our hope that this land wi.1Z sarneda,y be developed for pl.aygrottnd purposes only. Please reconsider any decisions for the sale of this la.nd to be made for any other purpose. Tf there axe other steps that we as a neighborhood shouZa take to help you in seeing that this is done, please let me know and these steps will be ixu.tiated. Sincerely, ���'�.�C��.�� Barbara Haley 6999 Hickory Drive . � ��i L.� .... � � �.�`;,,� . ,�/� � � •,,-� -;� r�/// ; ��.. . M . �.� i-�.�' �; ♦ r - �J � �M'� L . �' �; J�: � i. a �; �5 ,: �a � . . ., , - • • -.. � . . -� i n •��� _. ,_... • . 0 L �/, 'a %_ 3 z _ `. f. a .: : - . . ��" ♦ --�_'_'�_.. m ^� � ) � •� �` � l� .._ > � � ICE .� . �, �; ��ARE11A �y�a `��J'=; ' °. _ �" � , I .:,t,. . C-` .�, c"v�-. �AR�� �. -��_ ,4'�t£X T� /� �� f/i C" �� �{�:'�--�.; f ...'���y: �- �{ � �, �\ . ,� y � �, �-- C' �� .A ��. � � . � \���`�-� .'Z. � i�• • `� �+ . q . , � � \�.�,cn; �`' :4 ,� ,�, ��\ \� , `� 9 . E� � �7 ��f� � �-► � G �y PARKS & RECREATION COMMISSYON MEETING, MAY 22, 1'378 - PAGE 9 E:, Capital`Outlay Request for 1979 Mr. Boudreau hande out copies to the commissioners of the CapitaYOutlay request for 1979. He tated he needed approval that night as� had to take it to City Cauncil the s�e night as the next Commission me�eting. In going over the budget for t$e�!'Parks Department", Mr. Boudreau stated that a few items that must remain`were (4500) S.pecial Assessments, (45I0) City Garage Payment, (4520) Benjamin`'&.,BriaXdale Property, and Rice Creek School Property, (4530) Replacement of �trucks, chain saws, tree cart. Under 4540, Meadowlands Development,�SCudy, he would like to take this area and do a development study on ho to make that'-a neighborhood park. � Mr. Boudreau stated that r the Capital Outlay Request for the Naturalist Division, they were 1� ing at how they could best develop a well rounded naturalist departma�ft. He stated the total cap:ital outlay budget request for last year was 5,470,so•the request was cut down eonsiderably\s year. MOTION Betty Mech, seconded bq Jan Seeger, to approve the Capita'1..Outlay Request for 1979. Upon a voice vote, all voting aye, the motion carried unanimously. III. OLD BUSINESS: A. Hillcrest Petition for Park Area Mr. Boudreau stated they had a for�nal petition dated May 16 requesting the City Council to purchase additional land to develop a park in the Hillcrest Addition to serve as a park and play area for the families from Locke Lake on the south to Osborne Road on the north. He stated that the Commission should pass a recommendation on to the City Council. Mr. Boudreau stated he had told city management, and Mr. Dick Sobiech had relayed the message to the developer, that the only way the city would be interested in the plat �aas if the city could acquire very close to four acres of land. Mr. Sobiech had dracan up proposals where the city would need to acquire 1.25 acres of land which would give the city about 3.5 acres and with that, they could fill the need for that small parcel of Zand to be considered a neighborhood use park. He stated that when the city made a cammitment to acquire land, they had to also laok at the long ranoe development cost, equipment cost, and maintenance cost. He would rather see the city go for a xeferendum to buy the Sears property to develop into� a cammunity center/athletic complex/park area. Mr. Peterson stated he felt there were three alternatives for the Commission. 1. They could choose to 2, They could choo�e to 3. They could send the purchase additional long range plans for ignore the petition because of prior action. comply with the petition. petition on with the recommendation not to land because it did not fit in with Che the city. � � A GG PARKS � RECREATION COMMISSION NfEETING, MAY 22, 1978 - PAGE 10 Mr. Peterson stated that in looking at this area, the Planning Commission had felt there was not a need for a park in that area because of the popula- tion and the long range planning for the city. Ms. Seeger stated she thought the city should clarify on the city maps what was park land and what was just a parcel of city property. Somehow the people had the feeling that was park land and a park was being taken away from them, when it was actually oniy a small parcel of city.property. Mr. Peterson asked the Commission if they wanted to recommend that something be done or should they stay with the original plan that it really did not fit the needs of FridZey's long range park developmen�? MOTION by Jan Seeger, seconded by Robin Suhrbier, to recommend to City Council, through Planning Commission, that the property in question had never been park land, that it was not part of the park plan so additional land should not be purchased and developed, and that the possibilities of selling the land be explored and the money from the selling of the land and money that would be allocated by the developer be put into escrow for providing access under the railroad tracks to connect that neighborhood with the entire park system. Upon a voice vote, a12 voting aye, the motion carried unanimously. $ . Di� Bikes Ms. Mech sta ed she had a request that there be a place to ride di�z bikes in the City of ridley. � MOTION by Betty Mech seconded by Jan Seeger, that Mr, $oudreau �nvestigate a place where dirt bike could be ridden, for example, the Sears property. Ms. Seeger stated that at t time of the decision.o'n North Park, the question o� dirt bikes and motorcycles s brought up by,a'member of the committee who was also interested in motorcycles and realized youno people wanted to operate them. At that time, this me�bzr's�5uggestion was the arsenal area, She wondered it that was sti11 a possi 'x`ity. � Mr. Boudreau stated it was a possi� lity, a he would look into both the Sears property and the arsenal �fea. UPON A VOICE VOTE, ALL VOT,,Z�G AYE, THE MOTION CARRI$� UNAfiIMOUSLY e -----------�--------- Ms. Seeger stat,ec� she had several questzons she would like to �ask. First, she wanted t�now if the Commission �aas going to get a progress�eporC on r the Moore L�ke study. � ° Mr, Boudreau stated the study was supposed to be done in June and the Commission would see it. 9 CITY Or FRIDLEY MEMORANDUM MEMO T0: . Nasim M. Qureshi, City Manager MEMO FROD9: Richard N. Sobiech, Public Works Director . • DATE: June 15, 1978 SUBJECT: REQUEST TO VACATE CERTAIN EASEMENTS ON LOT 24 and 25, BLOCK 2, MEADOWI�400R TERRACE Attached, please find a request to vacate certain existing utility and drainage easements on the referenced property. Actual vacation must follow appropriate formal processing through the Planning Commission and City Council. The petitioner, is however, interested in beginning construction on the property immediateZy, therefore, is requesting an encroachment into the easements until the vacation process is completed. Information received from the utility companies and the City Engineering Divi- sion indicates no objection to a vacation of the easements. The telephone company, however, would require relocation of an exis�ing cable and dedicat,i,on of another easement which the petitioner has agreed to do. It is requested that the City Council consider approval of the encroachment at the regular meeting of June 19, 1978. RNS/grs Attachment June 1.4, 1978 , �- i �i i � �i / � / iuii cn..0 ctn�r�q� qvENUE N. E., MINNEAPOLIS, MN 85432 - PHONE (612) 764-9392 City Council City of Fridley, Minnesota We have or will be receiving releases on the easements on the Northeast 5 feet of lost 25 and Southwest 5 feet of lot 24, Block 2 of Meadowmoor Terrace, Fridley, P�Iinnesota. We ask that you approve the vacating of these easements. We have arranged an easement an easement as follows: The easterly 10 feet of lot 24, Block 2, Meadowmoor Terrace, Section 12, Township 30, Range 24�, County of �.noka, Ninnesota. Sincerely, 'LI/r.�-.,..ti,._ �v/ �+�r�..� Warren Marmorine WM�sam Note: We haven't moved yet! We are just looking forward to it. �9� . . , : . ; . . ...._• ... ..."�3�!�r'�'F%'.�"%e7'.i� tr6�r.:��. �tic,,r.,;,� i.r.�ars:•�x ._. ._. . . .. .., . � ; .�..�.rY...-. ���y.-�-.- //� ���� ��, I • �vs f � • Yr� . . 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Oc /.eJT � �%�%it.�, � l�; oNcL S�T o� 6tas�r�aa.�►a oN M�iia F�oaa �uaT rn�i7' �.i3.C'. C► �-t� S � e.ti. � r 4� L4 c. •i�. M iic.w.�+v �c.ati P� w�r3 p(t, t oa "R C'o.0 �m �w-y+i.� A`i . i�i subn,�r ��txi�q.00 �."TCn�a1. �iu. 1�^'Q /e " •� �� Cu�ch�c C•'r'L %.►6R. .OEPT. 'F� CoaD��u�?7o..I a= Csut�O�v6 �), � ��� �Gj Pctov�o�v �4-00� i�o.c.��. Aoere.O�UG 7I► '$.Q.0 A•v0 �].ti�u�N �4� przau;,�{, oa� ��-�,��C,vc �s�,.�i'��N o�, n��l��v c..cut�, � �. / .. ., .� .. ... . ........:.,� / ! f, ' ..3�fV__....�,��;�' . � ��� �� ���"� ��_ ��'��� �� ' �� � 8431 Ut11VERSITY AVENUE N.E.� FR{DLEY� MfNNESOTA 65432 � '� TELEPHONE ( 812)571-3450 . � .� � � June , 1978 �, ; . Mr. Ralph McGinley Executive Secretary Anoka County Court House Anoka, Minnesota �55303 RE: Islands of Peace Dear Mr. ��IcGi nl ey: The Islands of Peace Foundation has asked the Fr�dley City Council to support the Foundation`s reQuest for contributions by Rnoka County to the Islands of Peace. The Council asked me to write this letter to define our position. The City of Fridley has leased the par�k land in qu�stion to the Islands of Peace Foundation to develop, maintain and program. This lease has a number of conditions which we believe protect the City's interest as well as the interest of the general, non-handicapped potential park user. In general, the lease assumes that the Foundation will solicit support from a wide variety of public and private bodies: contributions such as cash, labor, materials, etc. The City has agreed to participate with the Foundation in making such requests whenever City participation is deemed appropriate. We find nothing inconsistent with the lease in soliciting contributions from Anoka County. We believe the record to date indicates that a large part of the users of the Islands of Peace are from Anoka Couniy and Hennepin County, and contributions by both county governments are not only desirable but justified. .i�erefore, �re do join with the Eaundation for the Islands of Peace in requesting =����vntributions to the project, either directly to the Foundation, or through the City government. A1l contributions in the area of maintenance and prograr�ning are welcomed. . To the extent the contihutions may impact on the physical development of the park, they should be consistent with the development plan approved by the City. ' WJNJms Sincerely, William J. Nee Mayor 10 �� �ETROOPOLITAN ���;�:� LI N I OO F ��=�OU NS LI NG , I NC . � . . Mr. Peter Fleming City of Fridley 6431 University Ave. N.E. Fridley, MN 55432 Dear Peter: 301 W. BURNSVILLE CROSSTOWN BURNSVILLE, MtNNESOTA 55337 890-2902 AREA CODE 612 It has been almost a full year of service with your Employee Assistance Program, which means we will n�ed to ne�otiate a contract for the second year, beginning July 1. I enclose a copy of the most recent usage report. Our retainer fees remain at $10 per employee, and Anoka County will sub- sidize the second year of the program at 50%. A contrac� for 135 employees is enclosed, with two �opies. Please keep one copy for your files, and send the original and one copy back to me. We are now serving aver sixty employers in the Metropolitan Area with contracts for diagnostic and referral services. This clearly indicates a growing interest on the part of employers who share concern for the well-being of their employees and families. If I can be of any further hel�, please call me. Sincerely yours, f J • �ez /�'����-- R. Lee Mauk Occupational Program Consultant Enclosure � �jj (11'�tl�� D 5050 EXCELSIOR BOULEVARD • ST. LOUIS PARK, MN 55416 •(612) 920-8788 O L�uU\1 Q 1515 CHAALES AVENUE ST. PAUL, MN 55101 (612) 645•7947 0 OU u��V' ��U ❑ 999 SOTH AVENUE N EROSS OwUMFiIA HEIGHTS, MN 55421 7•• (612) 571�•891�0 O 11 11 q STATEMENT OF AGREEMENT BETWEEN METROPOLITAN CLINIC OF COUNSELING, INC. ANQ CITY OF FRIDLEY This agreement is for the period July 1, 1978 to June 30, 1979. In this contract the term EMPLOYER refers to City of Fridley, and MCC refers to Metropolitan Clinic of Counseling, Inc. 1. SERVICES. MCC agrees to provide diagnostic services (problem assessment and initial counseling) and referral services (motivational counseling, referral to competent care and follow-up) to all employees of the EMPLOYER, to the employee's dependents and household members. 2. SERVICE AVAILABILITY. Diagnostic and referral services will be available from any of MCC's four offices located in the Minneapolis-St. Paul metropolitan area. Emergency and after-hours calls will be responded to by a professional staff inember on a 24-hour daily basis. Office appointments may be scheduled from 9:O�J a.m. to 9:00 p.m., Monday through Friday and from 9:00 a.m. to 5:00 p.m. on Saturday. 3. ADDITIONAL SERVICES. MCC agrees to provide for all eligible employees an initial orientation and brochures explaining the services. MCC agrees to periodically provide to the EMPLOYER brochures aimed at maintaining employee awareness. MCC agrees to periodically provide to the EMPLOYER a statistical report regarding utilization of the services. MCC agrees to provide the necessary.services to enable the EMPLOYER to fulfill the requirements for State of Minnesota matching fund reimbursement. 4. EMPLOYER RESPONSIBILITIES. To assure adequate acceptability and utilization of these diagnostic and referral services, the EMPLOYER agrees to participate in program exposure and employee education of the services available. Mailings to employees shall be the expense of the EMPLOYER. The EMPLOYER agrees to orovide a list of names of employees covered under this program, said list shall be updated quarterly. The EMPLOYER agrees to provide P�1CC with a copy of its current hospitalization and health insurance policies which are relevant. 5. FEES. The base retainer fee for the agreement period is $1,350. The base retainer fee is based upon the per employee rate of $10.00 times 135 employees. Pro-rata adjustments in the retainer fee will be computed quarterly when deviations greater than five percent occur in the employee count upon �tihich the base retainer fee was established. The ret�it,�er fee will be payab]e within 30 days of receipt of an invoice from MCC. �ITAN CtINIC OF COUNSELING, INC. 5- � 7� ate CITY OF FRIDLEY Date i � STATE OF MIId2JFSOTA COUNTY OF ANOKA City of Fridley, a Minnesota Municipal Corporation, PLt1INT ZFF, —vs— , : + � . 11 DISTRICT COURT ' , TENTII JUDICIAL DISTRICT Daniel Eaker, J& J Properties� and James Stanton� DEFENDANTS. ORDER OF THE CITY OF FRIDLEY, AhOKA COUNTY� MIIZNESOTA, CONCERNING A � HAZARDOUS BUILDING LOCATED AT 5432 ALTURA ROAD NORTHEAST, FRInLEY, MItTI�SOTA, LEG.ALLY DESCRIBED AS LOT 21, BLOCK 6, CARLSON'S SUMMIT MANOR NORTII ADDITION T0; DANIEL BAKER, fee, owner. J& J PROPERTIES and JAMES STANTON, Contract Purchasers. Pursuant to Minnesota Statutes� the City of Fridley, having duly considered the matter, finds the above described building to be a hazardous building for the following reasons: That a fire occurred in the structure approximately 18 months ago. • Tt�e house was more than 50% destroyed by the fire. That despite repeated requests for removal or repair, no action has been taken by the defendants. Said property has been inspected by the Fire Inspector, Electrical Inspector, Plumbing Inspector, and Building Inspector. These Inspectors have issued an Inspection Department Report for the hazardous building, a copy of which is attached hereto, marked Er.hibit "A", and made a part of this Order. Said Inspection Report indicates the present condition of the building and specifies the changes that are necessary to bring the property into compliance with the existing Building Code of the City of Fridley. The City Council finds that the property in its present condition is a hazard to the public safety and welfare of the citizens of Fridley and the suzrounding property owners. Pursuant to the foregoing and in accordance with Minnesota Statutes, it is hereby ordered that the above said hazardous building be repaired and made safe and not detrimental to the public health, welfare and safety by removing the above described deficiencies and making said house meet the existin� Code requirements of the City of Fridley or that said structure be razed or removed, and that said repairs be co�enced by obtaining a building petmit from the Building Inspector of the City of Fridley within tWenty (20) days of the service of this Order, pnd that said repairs be completed within ninety (90) days of the service of this Order� or in the alternative� if said repairs are ttot cou�enced, that the property owners raze or remove eaid building within twenty (20) days of the service of this Wuven. T��u e Heeeiec II 11TTOrtN[Y6/�T uW Order. �11� VHI\'�11i1t1 �VtNYi. N.l ►IIIDICY, MINNtiOT11 lD�if t i � ! ( i i wc�vc�. TA�tc a Nc�nicM AfiONHtY� I�T lAW �11� YN�Y[��111 �YIMUi. M.[. I111D1[{'. MINN[lOTA 6llil ❑ It is further ordered thaC all personal property or fixturea , unreasonably interferring with the repairs or razing and removal of the ' buildin�, shall be removed within twenty (20) days, and, if not so removed by the owner within said time� they may be removed by the City oi Fridley and sold at private auction, You are further advised that unless such corrective action is taken; or an answer is served upon the City of Fridley and filed in the office of � the Clerk of District Court of Anoka County, Minnesota, within twenty (20) days from the date of the service of this Order upon you, a motion for summary enforcement of this Order will be made to the District Court of Anoka County. You are further advised that if the City of Fridley is compelled to take any corrective action herein, all necessary costs expended by the City will be assessed against the real estate and collected as other taxes. Dated this 13th day of June, 1978. BY ORDER OF THE CITY OF FRIDLEY /s/William J. D7ee William J. Nee, Playor %s/Marvin C. Arunsell Marvin C. Brunsell, Assistant City Manager, Financial Director � � 12 A 0 0 �i�b \A r� z� C- r� r r-, t �"° �,i { t 1 Vl c i1i�.: ,.L_ � �(�lSPE.C�1-inN DE��`I�. Ft�f�ORT �� � ",� ,�.� `"; r»; F ` �.' �' ' v�? � v � �. � r : ,., ' t,,, �,.. �.s �..��, . . µ} sr�..��«...�..w..�.......�.w+w�.....r.� w ..�..�.w SITE EiliUI'.I:SS_ 54 �2. r,? ;�a Road t7'. E. � t�nil�T Zi1SPECT�D Bur_ned Otit l��ellinct PF.INCIF�'.L USES Residence USE ZOi;E _ R-Z � 12� C�vrr. .�,!►rc•t �. ----__.___ :;l�ects /,ttact<<•ci EXHIBIT A I.EG:iL A�SCRIPTIO?1 Lot 21, Block 6, Carlson` s Summit Manor Plorth Addition (Stanton Realt_y) 7201 W_ groadwa Mpls. OWiv�R James 5tanton address y� phone 5G0-6600 • Allstate Insurance Co. 55428 AG�I�T� Hugh Cosgro�•e, Attorney addzess 802 F& M Bank Bldg. phone 332-4371 OCCUPlli�TS NON� address phone address phone LiEi�liOT,DERS Daniel Baker address 10344 riississippi Blvd. �,21one 42I-OQ'71 � . Coon Rapids , 2�N 5 54� CONS�'P.UCTIOIZ OF BUZLDInG Wood Frame no. of stories__ � PERi�iITS ISSUED ON BUTLDING Eldg. Permit �4300(Garage) 10/14/59, Bldg. Permit #5621 10/17/61(Kitchen ?�ddn.) , Bl��Pesmit ,r �orm age , 1 5 nxrs��szaNS OF BUIL�I2�G 26' X�o' SBTBACi:S - front Approx. 35` rear 0 sid�s buildin�, inspection-dai-e 6/6/78 inspecto7 plumbing i;sspection-date 6/6/78 insi�c:c�or �n Holden William Sandin 0 0 eleetxical inspection-date 6/6/78 inspectnr_ �eonard Eic'nmiller fiXe inspection-date health inspection-ciate photos taken-date 12/31/7G � inspector �bert Aldrich. insj�•�c;.or __ i�C0;114E1l�!�TIO\S OF TIiE INSPECTION D�PART!•fENT Housc must be repaired or demoli�hed immediately. House is over 50 percent destroyed by iire. House has4 been empty for 1S months_.__r.l. .. _.. -•----..._._... _..__.�. -- •.------ — � . • � � 12 C � CITY C)I' FRIDLEY - I27SPi;CTIOid D�P/{RT1�fEtJT I�CURD OF T7-i�S� INSPECT7_OI.S SEh'T TO T}?E CITY A'TTOI'�2�P.Y: date 6/T/�8 ' RF,CO2D OI' TiiESL Ih1SFr.CTIOI�S SEIZT T0: p�ME James S tan ton � �U�,S 5tani�on Realty, 7201 t4est Broadway, i�7pls., MN 55428 Ii/�ME Daniel Ba3;er ADD�.I:SS 10344 Mississippi Blvd., Coon Rapids, N!N 55433 BUILDIIZG CONDEP��TD FOR O�CUPANCY-date June 6, 197F3 iuspector Ron Holden date ___ ___ _inspector LETTEF. Si:i�IT F?tOM CITX ATTORP:EY T0: , : IT��� • RDDP.� S S RECO:•Q�I�'DATlUI•IS OF Z'I�E CITY A1'TO�X DATE �OR t�ECESSARY Pi:R2�IITS DATn F�iIICH WORi: rNST Il� CO�iT'LE1'ED BY � _ . .. .. : ., .. � . . ,:. . ._ . _�. _ -- .._ _ . _.:_.__. _. ._.. ._._.. -.. . .. . . ._"'-----' ----- - ----- _ ....., .. RECOfill OF SUFiSEQJENT IivS°ECTIONS AirTll LEGAL ACTIOi�T ' . 12 D - cxz� or �'r.zvi.E :• - i.::.� pLC:��rv�: .,..: ^ tti'r;F.IrC �����,.����� ���E'��'�; � DATE 6/6/78 INSPECTOK P.on Ho]den Mr. Ja�nes Stanston (Stan�on Realty) 7201 W. Broadr�ay, t9pls. 55428 OWIZER Mr Huqh Cosqrove (Attorney-A)]statP Instlranc� Comnlnv) ADDItF.SS 5432 1�ltura Road N.E. Ea'�'�RI02' � � EkTERIOR WALLS 1 SILLS � DOORS IWINDOWS ROOF PRESE2dT CONDITION P:ood shakes O. K. C]-I.ANGES NECE�SARY Paint and replace cracked shakes. Replace rire damage � Replace door sills & jams. Replace fire damage � Replace. � - Replace Replace all worn or damaged windows- Tnct�ll PCC`aY]P_ windows in bedrooms. Asphalt -Deck - Replace roof - asphalt shingles. old but appears O.K. CHIMNEY Replace Replace chimney. SOrFITS: &: Facia-.= ;.;`, ,;, >_ Replace- in rear, 4:: Feplace all damaged or �oeathered soffit� _ ,..._... � . . �.---_--- _.-and--fac�.a-.baard:------�----- ACCESSORY . Repair roof on garage. -Replace garage roof. Install hard BUI.LDINGS ' Remove gaiage heater. surfaced drivetaay - Femove heater Bring up to code. and patch chimney liole in roof. GsI�1tAL SITE MISC Remove lean to on rear of garage. • Remov� storage shed attached to rear of garage. � Providc sinokc dutector. .�--- CZTY OF I�'1:It)].�Y - IT'SI'i:CTL()1� L'F:P��1t11�I:;lTT � �. � . � ,��� - �.. �; �' c h�..� ��� � ��� �� �-�� �. �° �.:� 6-�; � DAT� F>/6,L?£i INiPGCTOR Ron }iolc�en . Mr. James Stanton (St�snton Realty) 7201 W. IIroadway, t�I�ls. 5592£3 '3E�NEi �r. tl,�ah CosUrov 7+tt.oT-n��1-nllstate Insur.ance Comn�nv) ADDRE S S 6 � 3 2 F�_? i...u.r.�3 �2sa� N.3� . I2+'TERIOR $AS��IENT FOtJPtDATION WALLS FLOdRS CEILINGS FIRST FLOOR WALLS CEILZNGS FLOORS ADDITIOHAL FLOORS k'ALL S FLOORS CEILINGS CHIr'INEY AOORS MISC p1tESE1'T CONI7ITIONS CHANGES NECESSARY 12E cracked - may be patched I Patch all foundation cracks � & completely reinsulate and refinish all walls xefinish interior walls. O.K. Refinish. Remove all but studs Remove all but joist Replace all damaged floor joist. Feplace Replace Remove all ceilings, and repl.ace if rooms are finished. Gut interior: remove sheetrock and insulation-replace damaged studs-reinsulate. Install vapor barrior-sheetrock. Gut interior: remove sheetrock and insulation-replace damaged ���r�i n��te . Tnstall vapo� barrior-sneetroc�' .'� Replace f ire d�aged & notched floor joists-replace fire & wai:. ama4e su - oor un erlaymc, Replace existing chir,iney. Replacc"damaged interior door::l and door frames. , ' . � - 1� F CTTY 0i' FIZII?1.LY - I1J �1'f;C'1'IO;� DG1'/'.I:'1't•1!:1�'r • � (�'' rrv� /+i ��,. r,,, �t �^p A g rv. ru.. �... �, r+y �'•Y. . � I�. � i� �,* b r� � �:ae 6��d F... 6� 4 t�.�. j,:.D �%', a•� � • UATE h/G/7F3 I1•7SPECTOR I�c,onard ricl�miller Mr. James Stanton (Stanton Rcalty) 7201 47. Broadway, tdpls. , l��i 5542F3 0412dERS AIA2� Mr. F�uq}� Cosc r� ove (Rtton�ey- AlJ.state Insurance Com�any) ADDRESS 5432 Altura Ro�d t�I. E. � PitF,SEh'T Cd?�DITIONS C�il�..1�ES 21ECESSARY SERVZCE gad Provide new 100 amp service t3ASEi1lEtv'T I Bad � LAUIZDRY Bad FURNACE ga� ATTIC Bad GARAGE Bad KITCHEN Bad BATHS Bad DINING ROOM . Bad ; LZVIA'G POU;i Bad � B�DROOMS Bad � Rewire Rewire Rewire Rewire Rewire Rewire Rewire Re�rire� Rewire Rewire STAIRWAYS Bad Rewire MISC� Gomplete fire damage - complet rewire necessary --.---_-,.�. TT�+Tw1� � - - • , , l� G � CITY OF rJ<IDLl:Y - IT�:�PL•'C11�I� D2:PA1{?i:�,t�i' - ��� f• i i� f,'; `� f`� %;.` i':'� 1 n. f:'f �,`""M � M�' ��. �.� l• 't�.� : L 's '�� b • l.:•.. � ;�.. DATE 6/6/7£� INSP�CTOR Wil.l.iam Sandin � Mr. James StanL-on (Stanton Real.ty) ?201 W. Broadway, A,pls. ,!uJ 5542$ OWhT�%Ii5 W�2� Mr }Iuc�h Cosc�rove ,�l�ti�ornc�v - A] Li.1r� 7n��wS �' �'�'�''ir-'lY) apARLS$ 5437. Altura F.oad N,F PR?:SEtTT CONDITION CHAI�GES t�.'EC�SSARY SEtdER WA�ER W4#��R PZP�NG ...�,.�.r=-�----�---- �A� P�P�NG 4tAST� AA'D �I�T�S FI.QQR DRAII�S ___._�-�� LAUNDRY W.�TE.� ti�ATi�� W9.TER CL.QS�`TS SINK� � LAVATORxES BATH TUB _ HEATING FACII.ITIES MISC. Bad in bASement R�- dQ F].QOr up 1�pl:ac� �eplace _..____-- Rep1.a�� �place _..__--.-_ I'.epl acE _...�__.___ Replace Replace basement Re-do gas piping Provide proper soil stack and vents �eglace R�glace Replace Replace Replace �:ep�Iace n s.qr., r-'-; :r-'.:. •. . ...'.•.' :.•.::""''.4'4� .. . 13q4 ___��._t.�.._�._�___..__ _. , . .,_. u_� ..:_.�._�:.�a�. __—..,�_�._:__.�.��.."� _ .._ . - . _-..�,�_.--.- � �. \� V O V \ \ � � � \ V � :r:s:r �,;i,_ . _ .,;. ,.:r..,. ; .,,:. .,:,:.« �;; � � _ • p„ 1. •, • :.: ; � � •` ec� ,�,. , •__yi • t: � � w�_t.i,L .� - o. _ ._.... � I •-.? .. � ( ,` � i i i 1+. �� �. � � // � + ) � � � ` � ` / � . ` � ` %l � � � � ' •� � � � � � � "J � � `" � I :i�; (� �� � I I v J � \� � � � � �1ii `� ' j I 1� � I � 1I i I \I n� o�� J � �' i . S�'C. 2� T ClTY pf' Ff f��' � I. I ;__ . ' � N0. ; '_ ' i _ j/ 6 � ,R; �j . ^ew t �� ,�+,. t� �., � UiY/TEO S?',cTES v6'vi.ih+ . . fs.rc . i ^gT`y� � oJ1"� \t ` � � ��� t `� ✓,-" ' r' � - I � � '��r��� '•� u. ,�...: .�°..�... CFMTER i ! SFG 27 II Y � . � �-` l4 RL'SOLUTION N0. RESOLUTION ORDERING IMPROVEI�II:NT AND FINAL PLANS AND SPECIFI- CA'I'IONS AI�'D CS'I'Ib1t�TES OI� COS1'S Tt1�RE0I� : STREET IMPROVEMENT PROJECT ST. 1978-1, ADDENDUM ��3 WIIEREAS, Rcsolution No. 43-1978 adopted on the Sth day of June, 1978 by the City Council, set the date for hearing on the proposed improvements, as specifically noted in the Notice of Hearing attached hereto for reference as Exhibit "A", and WI-IEREAS, all of the property owners whose property is liable to be assessed with the making of these improvements (as noted in said Notice) were given ten (10) clays notice by mail and publi.shed notice of the Council Hearing through two (2) weekly publications of the required notice, and the hearing was held and the property owners heard thereon at the hearing as noted in the said notice. NOt9, THEREFORE, BE IT R�SOI,VED, by the Council of the City of Fridley, Anoka County, D9innesota as follows: 1. That the following improvements proposed by_Council Resolution No. 39-1978 are hereby ordered to be effected and completed as soon as reasonably possible,to wit: Street improvements, including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, sidewalks, storm sewer system, water and sanitary sewer services and other facilities located as follows: University Avenue West Service Drive: From 560 Feet South of 83rd Ave. to 81st Ave.' From 83rd Avenue to 85th Avenue 2. That work to be performed under this project may be performed under one or more contracts as may be deemed advisable upon receipt of bids. 3, That the Public �Yorks Director, Richard N. Sobiech is hereby designated as the Engineer �or this improvement. He shall prepare final plans and specifications for the making of such improvement. ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1978. ' MAYOR - WILLIAt� J. NEE AT1'EST : CI7'Y CLIiI2K - hL�ItVZN C. BItUNSF.LL ' R�SOLUTION N0. R�SOLUTION ORDERING IMI'ROVL•M�NT ANU FINAL PLANS AND 5PECIFI- CA'I'IO?�S AND ESTIb9ATES 01� COSTS Tf1ER�OP: STREET IMPROVEMENT PROJECT ST. 1978-1, ADDENDUM 4E4 {VI-ICREAS, Resolution No. 42-1978 adopted on the 5th day of June, 1978 by the City Council, set the date for hearing on the proposed improvements, as specifically noted in the Notice of Hearinb attached hereto for reference as Exhibit "A", and Wf-IEREAS, all of the pxoperty owners whose property is liable to be assessed with the making of these improvements (as noted in said Notice) were given ten (10) days notice Uy mail and published notice of the Council I-iearing through two (2) weekly puUlications of the required notice, and the hearing was held and the property owners heard rhereon at the Iiearing as noted in the said no�ice. NOiV, THEREFORE, BE IT RESOLVED, by the Council of the City of Fridley, Anoka C�unty, Minnesota as follows: 1. That the following improvements proposed by Council Resolution No. 41-1978 are hereby ordered to be effected and completed as soon as xeasonably possible,to wit: Street improvements, including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, sidewalks, storm sewer system, water and sanitary sewer services and other facilities located as follows: Alley in Hyde Park Between 58th Avenue and 59th Avenue and 2% Street and 3rd Street 2. That �aork to be performed under this project may be performed under one or more contracts as may be deemed advisable upon receipt of bids. 3. That tlie PuUlic Works Director, hicharcl N. Sobiech is hereby designated as the Enoineer £or this improvem�nt. He shall prepare final plans and specificatians for the making of sucl� improvemeni. ADOPTED BY THE CIT1' COUNCIL OF THE CITY �F FRIDLEY THIS DAY OF , 1978. b'lAYOR - ILLIA��1 J. NEL• ATTEST: CITY CiERK - hU'11tViN C. BRUNSELL ! l5 0 RESOLUTION N0. A RESOLUTION APPROVING FINAL PLANS AND ADDING PROPOSED IMPROVEMENT OF STREETS ONTO THE EXISTING STREET IMPROVEMENT PROJEGT ST. 1978-2, ADDENDUM #1 (CHANGE ORDER #1) WHEREAS, the resolution shown in front of the street named below, adopted by the City Council, set the date of hearing on the proposed improvements, as specifically noted in the Notice of Hearing attached hereto for reference as Exhibit "A"; and WHEREAS, all property owners whose property is liable to be assessed with the making of the improvements (as noted in said notice) were given ten (10) days notice by mail and published notice of the Council hearing through two (2) weekly publications of the required notice, and the hearing was held and the property owners heard thereon at the hearing, as noted in said notice; and WHEREAS, the City of Fridley has an existing contract for Street Improve- ment Project St. 1978-1 and St. 1978-2 and 1978-4 with N.D.H., Incorporated which provides that the City can attach additional work up to 250 of the ori- ginal contract price. NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Fridley, Anoka County, Minnesota, as follows: That the following improvements proposed by the Council Resolution are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: . The following improvements as noted in the Notice of Hearing: Street improvements, including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter,sidewalks, storm sewer system, water and sanitary sewer services and other facilities located as follows: . Resolution #17-1978 (February 16, 1978) Sidewalk on 7th Street: 61st Ave. to 135' South of 63rd Ave. That the work involved in said improvements as listed above shall be added onto contract of � STREET IMPROVEMENT PROJECT ST. 1978-2, ADDENDUM #1 BY CHANGE ORDER #1 The Change Order #1, Street Improvement Project�St. 1978-2, Addendum #1 as submitted by the Public Works Director is hereby approved. ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1978. ATTEST : MAYOR - WILLIAI�1 J. NEE CITY CLERK - MARVIN C. BRUNSELL 16 PUBLIC WORKS DEPARTNI�NT Engineering Division City of Fridley Fridle.y, Minnesota NDH, Incorporated 700 Industry Avenue NW Anoka, MN 55303 Re: CHANGE ORDER ��1, STREET IMPROVEMENT PROJECT ST. 1978-2 Gentlemen: May 31, 1978 You are hereby ordered, authorized and instructed to modify your contract for Street Improvement Project St. 1978-2 by adding the following estimated quanti- ties for the additional tota2 price of Ten Ttzousand, Eight Hundred Sixty-three Dollars and 00/00------------ . $10,863 (Figures) As these are estimated quantities, the basis of payment would be on the actual quantity of work performed and the following unit prices. ADDITIONS INCLUDES THE FOLLOWING ITEMS: l6 � Sidewalk construction located as follows: 7th Street: 61st to 135' S. of 63rd Ave. ITEM 4" Concrete Walk Common Excavation Topsoil Sod APPROXIMATE QUANTITIES 7,050 sq. ft. 375 cu. yds. 210 cu. yds. 1,700 sq. yds. UNIT PRICE AMOUNT $ 1.10 $ 7,755 2.24 840 4.00 0.84 840 1,428 TOTAL CHANGE ORD�R ��1 . . . . . . . . $10,863 Original Contract Price $464,480.92 Change Order 4�1 (1978-1) 25,234.70 Change Order ��1 (1978-2) 10,863.00 Revised Contract Price . . . . . . . $ 500,578.62 The completion date for the main contract on St. 1978-1, 1978-2 & 1978-4 will remain in effect as August 15, 1978. Change Order ��1 St. 1978-2 • i -2- Submitted and approved by Itichard N. Sobiech, Public Works Director on the lst day of June, 1978. , Prepared b � � Checked by � � Richard N. Sobiech, P.E. Public Works Director Approved and accepted this Approved and accepted this of Fridley, Minnesota. � � day of � uAt , 1978, by NDH, Incorporated. NDH, I rporated . ,� � �, � gy Title day of , 1978 by the City Council William ,T. Nee - Mayor Nasim M. Qureshi - City Manager .! . U�' _ 0 F.OR CONCURRENCE BY TFlE ClTY COUNCIL LICEP�JSES June 19, 197� i'YPE OF LICENSE BY: APPROVED BY: Cigarette Assurance h1anufacturing 7753 Beech St. N.E. Fridley, Mn. 55432 Big Wheel Auto Store 7451 E. River Road Fridley, Mn. 55432 Longview Fibre Co. Dawning Division 5051 E. River Road �ridley, Mn. 55432 Food Estabiishment Woodcrest Baptist Academy 6875 University Ave. N.E. �Fridley, Mn. 55432 Junk Yard Central Auto Parts 1201 732 Ave. N.E. Fridley, Mn. 55432 Dick's Auto Parts 7300 Central Ave. N.E. Frid]ey, P1n. 55432 public Drinking Bobby G's 240 Mississippi St. N.E. Fridley, Mn. 55432 Canterbury Pub 6479 University ave. N.E, Fridley, Mn. 55432 Pollies Place b225 Highway #65 N.E. Fridley, Mn. 55432 Vending Machine Assurance Manufacturing 7753 8eech St. N.E. Fridley, Mn. 55432 Acorn Vending Ronald Reinking Acorn Vending Ronald Reinking Vendomation Inc. Mr. Deale Clark Poorman Thomas Flaherty Richard Lorentzen Rabert M. Gorrell John T. Lenhart Francis L. Mager Acorn Vending Ronald Reinking James P. Hill . Public Safety Director James P. Hiii Public Safety Director James P. Hill Public Safety Director Steven J. Olson Health Inspector James P. Hill Public Safety Director Darrel Clark � Building Inspector James P. Hill Public Safety Director Darrel Clark Building Inspector James P. Hill Public Safety Director James P. Hill Public Safety Director James P. Hill Public Safety Director Steven J. Oison Neath Inspector Big �Jheel Auto Store Acorn Vending Steven J. Olson 7451 E. River Road Ronald Reinkinq Health Inspector Fridley, Mn. 55432 17 FEE: 18.Q0 18.00 18.00 exempt' 200.Q0 2�0.00 300.00 300.00 300.00 22.50 22.50 - � -_ __ . �. �� _ 17 A 0 F.OR CONCURRENCE BY THE CITY COUNCIL LICE��SES ' June 19, 1978 SYPE OF LICENSE: BY: � � APPROVED BY: FEE: Vending Plachine . , � � �� . � Central Auto Parts John Buzick Steven J. Olson 15.00 1201 732 Ave. N.E. � Nealth'Inspector Fridley, Mn. 55432 • Longview Fibre Co. Vendomation Inc. Steven J. Olson 112.50 �851 E. River Road Mr. Deale Health Inspector Fridley, P�n. 55432 � � Wickes Furniture Interstate United Steven J. Olson 45.00 5353 E. River Road Victor G. Klein Health Inspector • �ridley, Mn. 55432 Woodcrest 8aptist Academy Clarke Poorman Steven J. Olson exempt 6875 University Ave. N.E. Health Inspector Fridley, Mn. 55432 � . 0 � ,J��,_. .,�.:f",bi��=CONCURRCNCE BY Tfi� CITY COUNCIL - LicENSEs JLTNE 19, •1978 BLACKTOPPZNG • APPROVED BY � Northern Asphalt Construction Inc. 11064� Raddison Road N.E. ' � Minneapolis, MN 55434 . By: Gerhard G. Larson EXCAVATING • Kadlec Excavating, Inc. , 724 Main 5treet N.W.' • • Anoka, MN 55303 By: Donald A. Kac3lec Waalen & Sabby I nc . � ' � 9082 Polk Street N.E. Blaine, MN 55434 • By: James M. Waalen GAS SERVICES . � , Dependable Heating'.& Air Conditioning Inc. 14123 Prairie Road N.W. . Anoka, MN 55303 . By: Thomas Chouinard GENERAL COI3TRACTOR • Adolfson & Feterson Inc. ' 6701 West 23rd Street Minneapolis, MN 55426 •By: David Bartol . All-Style Builders & Remodelers Inc. 1384 - 109th Avenue N.E. ' Blaine, NIN 55434 .. � By: Dave Pegors O. R. Anderberg Co. �. 2923 Oakland Avenue Minneapolis, MN 55407 By: Orin R. Anderberg Aqualand Pool Co „ Inc. � 3400 Dakota Avenue South. • Minneapblis, Mn. 55416 By: Mike Shepherd HEATING � Peterson Pinney . 1926 - 2nd Avenue South � Anoka, MN 55303 By: Ray Turnquist Dependable Heating & Air Co nditioning Inc. 14123 Prairie Road N.W. Anoka, MN 55303 By: Thomas Chouinard 'Quality Refrigeration Inc. 7715 Pillsbury Richfield, MN 55423 By: Randall Peterson 0 � DARREL'CLARK CAm. Dev. Adm. DARREL Q,ARK Com. Dev. Adm. DARRII, CLARK Com. Dev. Adm. WILLIAM SAl3DIN • Plbg. Htg. Insp. 0 DARREL CLARK Com. Dev. Adm, DARR.II, CLA.RK Com. Dev. Adm. UARREL CLAFtI� Com. Dev. Adm. DARREL CLARK Com. Dev. Adm. WILLIAM SANDiN Plbg. Htg. Insp. WILLIAM SANDIN Plbg. Htg. Insp. WILLIAM SANDiN Plbg. Htg. Insp. 17 � - ' , . , .� � ,j ; _� � � . l� � =; . � r.�R COFJCURRGNCC E3Y THE C1TY COUNCIL -��NS�s .TUNE 19, 1978 GENERAL CONTRACTOR "' Preneer Syst�ns, Inc. . ' 5851 Duluth Street ���' �� , Minneapolis, MN 55422 By; Kurt DeBorde . Com. Dev. Adm. President Homes • 4808 North Lilac Drive , . DARREL CLARK Minneapolis, MN 55429 By: Mel Brazman Com. Dev. Adm. ROOF I NG • • . • Pearson's Roofing . 2939 California Street N.E. � • DARREL CLARK. Minneapolis, MN 554i8 By: Marv Pearson Com. Dev.�Adm. 0 � r 18 G'G�' p F.OR CONCURRENCE BY THE CtTY COUNCtL �UNE �9, 1978 CLAIMS P�J, 165A14 - PJO, 1E57?_4 G� l9 � F.OR CONGURRENCE BY THE CITY COUNCIL — TERi�I���ATIOf�d �UNE 19, 1�78 TERMINATI�N OF CITY EMPLOYEE NAME 0 DATE OF TERMINATION f�ANDY FuRY JuNE 14, 1973 2783 �'�ORTH �XFORD � i�OSEVILLE, �1's�J 55113 0 0 GG� 0 F.OR CONCURRENCE BY THE ClTY COUNCIL — ESTI��IATES �UNE 19, 1978 Eugene A. Hickok and Associates, Inc. 545 Indian Mound � Wayzata, r�r� 55391 PARTIAL ESTIMATE #11 - Moore Lake Evaluation and Restoration Project Patch Erickson Madson, Inc. 2311 Wayzata Boulevard T�li nneapo1 i s, P•1fd 55405 Fridley Garage Addition - Balance Due Smith, Juster, Feikema, Chartered 1250 Builders Exchange Building Mi nneapol i s, f�1N 55�02 For legal services rendered as Prosecutor for May, 1978 Weaver, Talle & Herrick 316 East Main Street Anoka, MN 55303 For legal services rendered as City Attorney for May, 1978 For legal services rendered re: P•1cNamara vs Shorewood, et al 0 n $ 1,311.�59 $ 4,042.40 $ 2,337.30 $ 1,360.60 $ 4,962.75 20 ESTIMATE 4�11 June 8, 1978 Mr. Steven J. Olson Environmental Officer Ci ty of Fri dl ey 6431 University Avenue N.E. Fridley, Minnesota 55432 20 A Eu��ene A. f-{ic�ok and las�ociate�, Inc. � Hycirc,lcc�isls — Engin:�ers �;°��,, �A'�^ '� ,. . , . . , . ; , �W � �, 545 indian Mound � � Wayzata, Minnesota 55391 (612)473-4224 STATE M E N7 Re: Moore Lake Evaluation and Restoration Project - Consulting Agreement by and between the City of Fridley, Minnesota and Eugene R. klickok and Associates dated March 14, 1978 Professional Services - May, 1978 TASK I LAKE SAMPLING 7.0 Hrs. @ $15.00/hr. _ $112.00 8.0 Hrs. @ $14.00/hr. _ $112.00 1.0 Hrs. @ $12.00/hr. _ $ 12.00 EXPENSES Mi 1 eage Reproductions TASK II STORM SEWER SAMPLING 40.0 Hrs. @ $16.00/hr. _ $640.00 25.5 Hrs. @ $14.00/hr. _ $357.00 EXPENSES Mileage Supplies $236.00 $ 30.75 $ 1.20 �997.00 $ 8.55 $ 38.09 $ 267.95 �1,043.64 70TAL----------------------------------------$1,311.59 �� /µ' �,��� � INVESTIGATIONS • REPORTS • DESIGN • RESEARCH Patch Erickson Madson,inc. Architects & Pfanners 2311 Wayzata Boulevard, Minneapolis, Minnesota 55405 May 31, 1978 City af Fridley 6431 University NE Fridley, MN 55421 Re: Fridley Garage Addition Comm: 7719 Balance due Thank You $4,042.40 nY �S � 4` r � �. � �.� � �� " �� 2Q B 20 C m STATEMENT SM17H, JLISTER, FEIKEMA, CHARTERED ATTORNEYS AT LAW 1280 BUILDERS EXCHANGE BLDG. MINNEAPOLIS, MINNESOTA SS402 339- 1481 � CJN �City of Fridley 6431 University Avenue N. E. Frid1ey, Minnesota 55432 Attention: Mr. Nasim Qureshi, L City Manager RL£ASE RETURN TH15 PORTION WITN YOUR PAYMENT DATE � �'� • • • BAI..ANCE FORWARDED FROM LAST STATEMENT 6-12-78 For legal services rendered as Prosecutor for the City of Fridley.during May, 1978. Representat7on of C�ty of Fridley in 85 contested court and jury cases and 305 arraignments. (46 hours-15 minutes). Process of complain�s and pre�aration of 40 Formal Criminal Complaints. (b hours-45 minutes). Court and Police Administration. (2 hours-15 minutes). Tota1 Time - (55 hours-15 minutes). May, 1978 Retainer $1300.00 $1300.00 Time in excess of 30 hours (25 hours-15 minutes) $1010.00 $23i0.00 SMITH. JUSTER, FEIKEMA, CHARTERED � ATTORN�Y7 A7 tAW . . � DATE � #2 • � i BALANCE FORWARDED FROM LAST STATEMENT �23�0.00 `' 6-12-78 continued - Office disbursement to Dennis E. Quinn, Court Reporter, for transcript of Nelson hearing. $27.30 $2337.30 SUBURBAN OFFlCES O55 E A FRIDLEY � J ( deCla�e unde� p natties ot law that th�s accoun im dera:�d is;ust and � r- rect a d t , ari �� i; l,as �e::n ,�d ; �i�i ure g�1�Ciaimant �� SMITN. JUSTER, FEIKEMA, CHARTEREO ATTONN[Y! AT lAW �3 u� w L I CNARLES R. WEAVER HERMAN L. TA�LE VIRG�L C. HERRICK ROBERT MUtJNS WIILIAM K. GOODRICH TNOMAS A. GEDDE JEFFREY P. Fi�CKEN DOUGLAS E. KLINT I V� LAW OFFICES WEAVER, TALLE & HERRICK 316 EAST MAIN STREET ANOKA, MiNNE50TA 5570J . ��t 54U � .Iune 14, 1978 City of Fridley 20 D INVOiCE �° 432G 0 May Retainer $1,300.00 Council Meetings 10-� haurs Staff Meetings 4 hours Conferences with Staff 8 hours Islands of Peace Disco Center Police Department Ordinance Codification StreeC vacation Auditor's Subdivision 92 Citizens Inquiries 2 hours Memos, Legal Resea�ch, Ordinances 7 hours 31- z hours Hours in e�cess.of 30 @ $40.00 EXPENSES ADVANCED: Four photocopies @ $.15 per copy BALAI3CE BUE: 0 n .1 /1 .60 $1,360.60 0 20 E CHARLES R. WEAVER HERMAN L,TALLE VIRG�L C. HERRICK ROBERT MUNN8 WILLIAM K. 600DRICH DOUG�-AS E. 1(LINT LAW OFFICES WEAVER, TALLE & HERRICK June 14, 1978 Mr. Nasim M. Qureshi Fridley City Manager 6431. University Avenue Northeast Fridley, Minnesota 55432 Re: McNamara vs. City of Fridley, et al Dear Mr. Qureshi: 318 EAST MAIN STREEi ANOKA, MINNESOTA 55303 421-5413 6279 UNIVERSITY AVENUE N.E, FRIDLEY, MINNESOTA 55432 571-3850 Enclosed please find my bill for representing Officer Zimmerman in the above lawsuit. As I indicated to you previously, the trial of this jury case lasted 82 days. In addition, I had spent certain hours in preparation and my law clerk spent a substantial amount of time doing legal memorandums and research. As yau are aware, the Green Tree Insurance Agency previously indicated � that they would pay for the cost of this defense, inasmuch as their agents had advised the City Council that the City`s insurance would cover the individual officers. At this time, I am requesting that the City make payment to me directly for the bill and refer the same to the Gxeen Tree Agency for reimbursement. Sincere�iy, f �� •/ .,/�/ �� �� � �- Uirgil C. Herrick VCH:kao Enclosure CMaRlES ft" WEAVER MEkMAN L. TALLE- ° VtRGIL C HERRICK R08ERT MUNNS WlllfAM K. GOODR�CH TMpMAS A. GEDOE JEfFREY P. H�CKEN pOUGLAS E. KLINT VCH �nw orF�ces WEAVER, TALLE & HERRICK �16 EAST MAIN STRE[T ANOKA, MtNNESOTA 55J0) . . I?1�SA1� � � June 14, 19 78 City of Fridley INVOICE ,ti'° LEGAL SERVICES RENDERED RE: McNamara vs. Shorewood, et al TRIAL ANOKA DISTRICT COURT Trial preparation, review of file and transcripts, meeting with Zimmerman Trial May 17, 18, 22, 23, 24, 25, 26, 30, and 31(� day) Law clerk's legal research, serving suhpoenas, examination of Washington County files (30 hours) Copies Long distance telephone call.s Two to Brainerd �tao to, Deerwood Two to Babbitt Four to Baudette Mileage to Stillwater, Minnesota BALANCE DtIE: � $ 350.00 4, 250.00 300.00 31.25 22.50 9.00 $4,962.75. � 0 20 F 4324