Easement 1974REGULAR COUNCIL MEETING OF JANUARY 21, 1974 PAGE 10
Councilman Starwalt said the request of the Committee was to increase the membership,
but he would not recommend -the membership be enlarged, but rather that the Council
make an effort to appoint members who will strive to attend the meetings.
Mayor Liebl said the Chairman will suggest the appointments and the Council will make
their choice known.
UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously.
CONSIDERATION OF A COMMUNICATION FROM SCHIEFFER, HADLEY, BAKKE AND JENSEN REGARDING
HE ORDER OF JUDGE IVERSON - METROPOLITAN SEWER BOARD VS. CITY OF FRID EY (SAC LAWSUIT):
MOTION by Councilman'Utter to receive the communication from Schieffer, Hadley, Bakke
and Jensen regarding the Order of Judge Iverson - Metropolitan Sewer Board versus
the City of Fridley adn the SAC Lawsuit. Seconded by Councilman Starwalt. Upon
a•voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously.
The Finance Director, Marvin C. Brunsell, said he would recommend the Council take
action authorizing the Administration to make the payment.
The City Attorney said the City would have no choice, this had been a District Court
Order. He continued, this had been a preliminary action and if the Court would decide
in favor of the City in the future, the money would be refunded, or, if otherwise decided,
the money would be applied to the balance due.
MOTION by Councilman Breider to authorize payment of the SAC charges with interest.
Seconded by Councilman Utter. Upon a voice vote,.all voting aye, Mayor Liebl declared
the motion carried unanimously.
Councilman Nee asked the amount of the payment and the Finance Director said this
would be about $60,000.
ING A 25'UTIL
EMENT ON LOT'3,
F LOT"SPLIT:' 14
Councilman Starwalt said he had no objections to the lot split and the ditch is
presently being worked on. He said he would like to go to the site and review
the installation the first thing the following morning. He said he would like to
know if what is being done is what had been authorized by the Council. He wanted
to be sure everyone in the area is satisfied.
MOTION by Councilman Starwalt to authorize the City Administration to accept the
25' drainage and utility easement on Lot 3, Block 2, Spring Valley Addition, with
the stipulation that the lot split be granted at the time when the road would be
i.nstalled in the area in the future, and also that the lot split would be granted
to the other people in the future if this is requested and that the letter as
included in the agenda to Mr. Eyler from the Assistant Engineer, Richard Sobiech,
be sent to the other property owners in the area that may be affected. Seconded
by Councilman Utter.
Mr. W. C. Eyler addressed the Council and stated he was the property owner. He said
he understood in time, there may be a road cut through the existing lots. He said
this splitting of the property with the subtraction of the 25 foot drainage and utility
easement would leave an undersized lot of 62.5 feet by 150 feet. He said this would
not meet the requirements for a minimum size lot in the City of Fridley. He requested
the lot split not be made at the present time because his payment for sewer and
water would be twice as much as they area at the present time. He said requested
in the future, if.the road is cut through, that he be allowed to split the property
and build on the 7,750 square foot lot.
The City Manager repeated the applicants request that the lot not be split at the
present time, but be split when and if the roadway would be installed. fie said this
would only be split if the property owners would desire it split. He said he did
not have to split the property.
Mr. Ken Hollister, 1466 64th Avenue N. E., asked if this arrangement would also
apply to his property. The City Manager said this would apply to him also. He said
the letter would be sent to all property owners in the block.
I
REGULAR COUNCIL MEETING OF JANUARY 21, 1974
41
PAGE 9
The City Manager said the Board of Appeals had recommended appro al of the
request in the sign variance which was for the purpose of chan9 g the wording
of the sign for special events.
Councilman Starwalt said the applicant had ordered the sign an did not know
until after that time that this was not a conforming use in t'e Codes. He said
he thought the addition would be a benefit to the applicant a!�d the area.
MOTION by Councilman Starwalt to concur with the recommenda on of the Board
of Appeals and approve the request for the sign variance fo Ground Round.
Seconded, by Councilman Utter. Upon a voice vote, all voti aye, Mayor Liebl
declared the motion curried unanimously.
I
A REQUEST FOR A VARIANCE OF SECTION 214.053. 1. FRIDLEY S, N ORDINANCE. TO INC
SION
Mayor Liebl said the Board of Appeals had recommended to the Council that the
request be approved. j
MOTION by Councilman Starwalt to approve the variance 4 requested for Fridley
Office Supply that the two unused signs be replaced and that the area be cleaned
up. -Seconded by Councilman Utter. .Upon a voice vote all voting aye, Mayor Liebl
declared the motion carried unanimously.
A REQUEST FOR VARIANCES OF: SECTION 205.053, 4, FRIDLEY CITY CODE, TO REDUCE
on Existing at this time o-6-1.1
MOTION by Councilman Breider to approve the variances as requested by,Degardner
Construction Company for 98 Rice Creek Way. Seconded by Councilman Starwalt.
Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously.
A REQUEST FOR A VARIANCE OF SECTION 205.152, 2, FRIDLEY CITY CODE, TO REDUCE THE
MOTION by Councilman Nee to concur -with the Boar& of Appeals recommendation and
approve the variance requested by Mr. Gary Bettch r at 7132 Riverview Terrace
N. E. Seconded by Councilman Starwalt. Upon a v ice vote, all voting aye, Mayor
Liebl declared the motion carried unanimously.j
A REQUEST FOR A VARIANCE OF SECTION 205.053, 5A.i RIDLEY CITY CODE, TO REDUCE THE
MiAN tJUTA.):
MOTION by Councilman Starwalt to approve the va
N. E. as requested by White Oak Builders. Seco
Upon a voice vote, all voting aye, Mayor Liebl
unanimously.
MOTION by Councilman Utter to receive the minutes of
of Janury 15, 1974. Upon it voice vote, all voting a.
motion carried unanimously..
RECEIVING THE MINUTES OF T11F, HUMAN RELATIONS COMMITT
MOTION by Councilman Starwalt to receive the minutes
Meeting of January 3, 1974. Seconded by Councilman
i
ance for 5400 Matterhorn Drive
ed by Councilman Starwalt.
clared the motion carried
he Board of Appeals meeting
, Mayor Liebl declared the
MEETING OF JANUARY 3, 1974:
I
the Human Relations Committee
,er.
i
1
43�
REGULAR COUNCIL MEETING OF JANUARY 21, 1974
PAGE 11
Councilman Starwalt asked if this would divide the property and the City Manager
said if the property owners in the area want this, this would be done at that time.
He said he would stipulate that if they desire a lot split, there would be no
trouble obtaining such a split with the undersized lots. He said he did not think
the people should be penalized for giving the land to the City for the easements.
A resident of the area addressed the Council and questioned why the ditch was being
installed in the area where the property owners had made improvements on their
property. He questioned if the ditch could be moved to the side of this area where
nothing had been done to the property.
The City Manager said he would be in the area in the morning before the work would
start and if there were any modifications to be made for any reason, this would be
done. He added, they would want the property owners to be happy.
Councilman Starwalt said he would be in the area at 7:30 a.m, to determine if the work
is being done in the proper area.
A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously.
RECEIVING PROPOSED ORDINANCE FOR RECREATIONAL MOTOR VEHICLES:
Mayor Liebl said he would recommend the Council receive the proposal and take no
action on the matter at the present meeting.
Councilman Breider said he had asked that the proposal be prepared to follow up the
discussion at the previous meeting of the Council.
MOTION by Councilman Utter to receive the proposed ordinance and take no action on the
proposed ordinance at the present meeting. Seconded by Councilman Starwalt. Upon a
voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously.
The City Attorney expressed the hope that something could be done about the snowmobiles.
He said the City had purchased one, but he thought it would be more feasible for the
City to have additional vehicles to enforce the present ordinances.
Mayor Liebl stressed he would not want something that would be repugnant to the people
and he felt very strongly that the Council be very careful not to step on any other
people. He said if the requirements are abused, they should be enforced.
The City Attorney asked the members of the Council to review the draft of the ordinance
and make recommendations for its modification. He said he would revise the ordinance
if they would let him know what their goal is.
Councilman Breider said the snowmobiles are not causing problems like the minibikes.
He said the noise is not a factor because they are being used in the winter months
when the property owners windows are closed, and there is no dust from the operation
of the snowmobiles. He recommended they be prohibited entirely in some areas Councilman
Breider felt the present ordinance is adequate for snomobiles. Councilman Utter pointed
out that there are other regulations regarding the use of the snowmobiles. Councilman
Utter added, if the operators of the snowmobiles are caught, they can be fined.
RECEIVING RESIGNITION FROM THE REVEREND DOUGLAS HENDERSON, HUMAN RELATIONS COMMITTEE:
MOTION by Coun:--.pan Breider to receive the resignation from the Rev. Douglas M.
Henderson as a :her of the Human Relations Committee. Seconded by Councilman Utter.
Upon a voice v:;: all voting aye, Mayor Liebl declared the motion carried unanimously.
Mayor Liebl directed the Administration to prepare a certificate of appreciation.
UTION #17-1974 - REQUESTING THE RICE CREEK WATERSHED DISTRICT TO MAKE STUDI
MOTION by Councilman Nee to adopt Resolution #17-1974 requesting the Rice Creek Watershed
District to make studies and improvement regarding Rice Creek and Locke Lake within the
City of Fridley. Seconded by Councilman Breider. Upon a voice vote, all voting aye,
Mayor Liebl declared the motion carried unanimously.
Mayor Liebl said the City had not made a request for action previous to this time.
He asked the Administration to get in Touch with the P. C. A.
REGULAR COUNCIL MEETING OF JANUARY 21, 1974
PAGE 12
CLAIMS:
GENERAL 34352 - 34426
LIQUOR 8522 - 8592
MOTION by Councilman Utter to approve the aforementioned claims. Seconded by Councilman
Nee. Upon a voice
vote, all voting aye, Mayor Liebl
ously.
declared the motion carried unanim-
LICENSES: BY
APPROVED BY
GAS SERVICES:
Abel Heating Incorporated Raymond Olson
W. Sandin
266 Water Street
Excelsior, Minnesota 55331
GENERAL CONSTRACTOR
DaVerne Corporation David E. Ficek
C. Belisle
Serendipity Court
New Brighton, Minnesota 55112
HEATING
Abel Heating Incorporated Raymond Olson
W. Sandin
266 Water Street
Excelsior, Minnesota 55331
C. 0. Carlson Air conditioning Co.
709 Bradford Avenue North
Minnapolis, Minnesota 55411 John Jenkins
W. Sandin
SIGN ERECTOR
Lawrence Signs Incorporated Mike Gifford
C. Belisle
945 Pierce Butler Route
St. Paul, Minnesota 55104
CIGARETTE
Hudson Oil Company Ralph Swaney, Jr.
7315 Highway #65
Public Safety Director
Fridley, Minnesota 55432
HOUSE TRAILER
American Auto Listings Franchising Systems Corp.
7395 Highway #65
Fridley, Minnesota 55432
MOTION by Councilman Utter to approve the aforementioned
Councilman Breider. Upon a
licenses. Seconded by
voice vote, all voting aye,
carried unanimously.
Mayor Liebl declared the motion
ESTIMATES:
a
Mr. Carl J. Newquist
Smith, Juster, Feikema, Haskvitz & Casserly
Builders Exchange Building
Minneapolis, Minnesota 55402
Prosecution work during December 1973 $ 1,180.U0
Comstock & Davis, Inc.
Consulting Engineers
1446 County Road J
Minneapolis, Minnesota 55432
PARTIAL Estimate #11 for Water Improvement Project No. 111
from December 3 through December 29, 1973 62,22
January 22, 1974
Mr. W. C. Eyler, Jr.
1456 -64th Avenue N.E.
Fridley, Minnesota 55432
Re: Lot 3, Block 2, Spring Valley Addition
Dear Mr. Eyler;
At the regular Council meeting of January 21, 1974, the City
Council of the City of Fridley received the Quit Claim Deed con-
veying the South 25 feet of the referenced property to the City
for a drainage and utility easement.
The City Council accepted the deed and approved the condi-
tion, noted on the easement, which allows the lot split of the
property of approximately 7,750 square feet per lot. The approval
of the condition was provided with the understanding that the
lot split would take place at the time the improvement project is
ordered for construction of the street abutting the referenced
property on the south.
We wish to thank you for your cooperation in providing the
easement. If there are any questions regarding the easement or
condition, please contact our Engineering Office, 560-3450.
RIMS/p1
Very truly yours,
.7
Richard N. Sobiech
Assistant Engineer
TbfigRbenture, Afade this .............. 100 ............ ...... clay of. ........ .........J.an..nary....................... , 19....24..,
between.......................W......!~.,....Hy..ler.,....Jr....... (Husband)....and ...Inge...Ey1.enc...(.Wife.)...................................................................
o the Count o Anoka and State o Minnesota
f y f............................................................................ f.............................................................................................
part....ies of the forst part, and.................................... City....of„Fri49Y.................................................................................................
............................................................................................................................................................................................................,
a cbf erMi/oS,,//under the laws of the State of .................. ?:mesota..................................., party of the second part,
municipal
mltnegsselb, That the said part..ies. of the first part, in consideration of the sum of
... .................... Qne... and.. NA/..100....(41_00) and other. -Ya lues...re ceiv ed.----.-.----.-.---.--.----�0LL✓1RS,
to.................. them ............................. in hand paid by the said party of the second part, the receipt whereof is
hereby acknowledged, do............ hereby Grant, Bargain, Quitclaim, and Convey unto the said party of
the second part, its successors and assigns, Forever, all the tract...... or parcel...... of land lying and being
in the County of............... Anoka ..................................................... and State of Afinnesota, described as follows, to -wit:
A 25 foot utility and drainage easement described as follows:
The South 25 feet of the West Half of Lot 3, Block 2, Spring
Valley Addition. All lying in the South Half of Section 13,
T-30, R24,'City of Fridley, County of Anoka, State of Minnesota.
NO STATE DEED TAX REQUIRED.
The City of Fridley hereby accepts this easement for utility
and drainage purposes.
114 1- rl
MARVIN C. BRUNSELL"- City Clerk
CONDITION:
The City of Fridley will approve a lot split of this parcel
with a minimum of 7,750 Sq. Ft, per Lot.
2:0 Jgabe allb to J.9oib tTje Oame, Together with all the hereditaments and appurtenances there-
linto belonging or in anywise appertaining, to the said party of the second part, its successors and assigns,
Forever.
35tt ZCegtimonp Wbereof, The said part.. .GS. of the first part have...... hereunto set..... their ................
haiul .!�. the day and year first above written.
In presence of
y
............. .. `.::.•.• .f/ .....................................
J.1...:.....6?T.... ........................
'gin............................... .... Z ..
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