SAV69-04 CITY OF FRIDLEY TYPE OF REQUEST
MINNESOTA
Rezoning
PLANNING AND ZONING FORM
S
Number SAV #69-04pecial Use Permit
Variance
APPLICANT'S SIGNATURE Ben Bigos Lot Splits
Address 3201 Orchard Avenue North Approval of Pre-
liminary Plat
Telephone Number 588-7056
Approval of Final
Plat
PROPERTY OWNER'S SIGNATURE Same as above
X Streets or Aller—.._
Address Vacations
Telephone Number Other
Street Location of Property 5100 and 5101 Horizon Drive
Legal Description of Property Lot 2, Block 9, Lot 17, Block 4, Carlson's
Summit Manor South Addition
Present Zoning Classification R-1
Existing Use of the Property ,
Proposed Zoning Classification, Special Use, Variance or other request
Describe briefly the Type of Use and the Improvement Proposed
Acreage of Property
Has the Present Applicant Previously Sought to Rezone, Plat, Obtain a Lot Split,
Obtain a Variance or Special Use Permit on the Subject Site or Part of It?
When?
What was Requested Fee Enclosed $ Not Applicable
Date Filed June 3, 1969 Date of Hearing
PLANNING AND ZONING FORM PACE 2
Number
The undersigned understands that: (a) A list of all residents and owners of pro-
perty within 300 feet must be attached to
this application.
(b) This application must be signed by all
owners of the property, or an explanation
given why this is not the case.
(c) Responsibility for any defect in the pro-
ceedingS resulting from the failure to list
the names and addresses of all residents
and property owners of property within 300
feet of the propeyty in question, belongs
to the undersi3ned.
Residents and Owners of property within 300 feet:'
PERS014S ADDRESS
A sketch of proposed property and structure must be drawn on the back of this
form or attached, showing the following: 1. North Direction
2. Locatioa of Proposed Structure on lot.
3. Dimensions of property, proposed
structure, and front and side set-backs.
4. Street Names
5. Location and use of adjacent existing
buildings (within 300 feet) .
The undersigned hereby declares that all the facts and representations stated in
this application are true and correct.
DATE �� �') �' pI ,SIGNATURE Gs
(APPLIC )
Approved Denied By the oard of Appeals
Subject .to the Following Conditions: date
Approved Denied by the Plannin- Commission on
Subject to the Following Conditions: date
Approved Denied by the Council on
Subject to the Following Conditions: date
Form PC 100
Quit Clai Deed. FoT1Il 1vO. 28-Nl. Miller-Davis Co.,Minneapolis,Minn.
1ndividu to Corporation. r (� Minnesota Uniform Conveyancing Blanks(1931).
-Y-\ r'-- Ib- -20
big; 3nbentUre .Made this............................................da Of............................................................... 19............
b tiveen.............................................................................13erek ......
♦ .......................... ....s.............................
......................................................................................
AnokaMinnesota
ofthe County of............................................................CI n e
TY
part..'....... of the farat part, and.................................................................................................................................................................................
MUNICIPAL.............................................................................................................,............................................................................................................................
a corporation under the laws o the State o N. .nrieSOta
p f f.................................................................................I party of the second part,
witne.00ob That the said arty........ of the first part, in consideration of the sum of
One and ivo/186 1.00) and of er values received------ --------DOLL.dRs,
... .............................................................................................
to ......... party....... .........in hand paid by the said party of the second part, the receipt whereof is
hereby acknowledged, do..es... 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 Count o Anoka......................................and State o Minnesota, described as follows, to-wit:
y f.................:..................... . f
A utility and pedestrian walkway easement described as
follows :
All that part of the vacated Horizon Drive
lying between the Bast right of way line of
Third Street Northeast and a line located
twenty feet (201 ) West of the West right of
way line of State Trunk Highway #47 (University
Avenue Northeast) .
All located in the South half (S 1/2) of
Section 26, T-30, R-24 , City of Fridley,
County of Anoka, State of Minnesota.
No State Deed Tax Required
To Jbabe anb to jbolb die *ame, ToCether with all the hcredi-ta,7aents and appurtenances there-
unto belonding or in anywise appertaining, to the said party of the second part, its successors and a-ssi-6ns,
Forever.
31n Teztimonp Wbemf, The said part y....... of the first part has.... ... hereunto set. ___ 11iS
h-azul- ... the day and year first above Written.
o f ........ .. Z:: z. . .........f ..,.: .7. j
. ........................ ......
..............................................
c: .... ...:. _........ ........
�!
............................................................................................................... .
Mumma Form No.28.
Doc. No.........................................
WIT CLAIM DEED
Individual to Corporation
zS
....... ...........Ber.e.k....Bigo.3....................................
k
O
........................
T,0 m
CITYOF FRIDLEY
.................I....................................................................... 0 -0
............................................................................................
Office of Register of Deeds, 0
1 R
County of....................................................................
I hereby certify that the within Deed
was filed in this of for record on the
.....................day of..........................................................
19............, at........................o'clock.......................V.,
and was duly recorded in Book.....................
of Deeds, page.....................................
Re
.gister of Deeds
Q
By...................................................................... Deputy
Taxes for the year 19......, on the lands j Ig
17�
described within paid this.............................
IQ
day of. ... 19............
0,
......................................................................................
County Treasurer
P4
By..................................................................... Deputy
Taxes paid and Transfenent6red this
..........day of......................................................
.1...9..................
................................................................................................
County .4mutor
By...................................................................... Deputy
-z
City of Fridley CC
6431 University Ave. N.E.
Fridley, Minn. 55421
Recording Fee $2.00
Derek Bigos
Anoka Minnesota
y CITY OF FRIDLEY
AUN I CI PAL Msinnesota
y
One and No/186 (41.00) and other values received------ --------
party
es
Anoka
A utility and pedestrian walkway easement described as
follows :
All that part of the vacated ilorizon Drive
lying between the Last right of way line of
Third Street AvortLeast and a line located
twenty feet (201) West of tie West right of
way line of State Trunk iiighway #47 (University
Avenue Northeast) .
All located in the South ttalf (S 1/2) of
Section 26, T-300 k-24 , City of Fridley,
County of Anoka, State of Minnesota.
No State Deed Tax kequired
y s his
Berek Bigos
CITY OF FRIDLLY
i
City of Fridley
6431 University Ave . N.L.
Fridley, Minn. 55421
Berek Si,gos
Anoka Minnesota
y CITY OF FRIDLIY
Municipal Ainnesota.
P y
One and 4o/100 (41.00) and other values received-- --- - -- - -----
party
es
Anoka
A 5 foot sidewalk easement described as
follows :
The South 5 feet of Lots 1 and 2 , Block 9,
Carlson's Summit ;yianor South Addition, Section 26,
T-30, R-24, City of I'ridley, County of Anoka,
Spate of 1Unnesota.
ilio State Deed rax Required
y s p his
Barak Bigos
CITY OF FRIDLLY
City of Fridley
6431 University Ave. N.L.
Fridley, Minn. 55421
OFFICIAL NOTICE
CITY OF FRIDLEY
PUBLIC HEARING
BEFORE THE
CITY COUNCIL
TO WHOM IT MAY CONCERN:
Notice is hereby given that there will be a Public
Hearing of the City Council of the City of Fridley in
the City Hall at 6431 University Avenue N.E . on July 14 ,
1969 in the Council Chamber at 7 : 30 P.M. for the consid-
eration of the following matter:
Vacation (SAV #69-04) described as follows :
All that part of Horizon Drive lying East of the
East right of way line of 3rd Street N.E.
All located in the South Half (S 1/2) of Section
263% T-30 , R-24 , City of Fridley, County of Anoka,
State of Minnesota.
Anyone desiring to be heard with reference to the
above matter will be heard at this meeting.
JACK 0. KIRKHAM
MAYOR
PUBLISH: June 25 , 1969
July 2 , 1969
�1jP
.sty..-=ii Y 40
kktx`,`5'1OW �' CITY OF FRIDLEY: SAV #69-04 s
wwd' —�tf°`J f:�- -- Vacate Horizon Drive East of 3rd St. a
f`7—,yrs- i>'s d�
41r•- �r `�w��< �,�, , �3 to T.H. #47 - �-
//
(Ben Bigos, owner of Lots 2 & part of
1 B1. 9 and Lots 17 and part of 18
Bl. 4, Carlson's Summit Manor 4awmK 9
m. k l4L:s South Add. )
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9
SAV
(Official Publication)
CITY OF FRIDLEY
PUBLIC HEARING
BEFORE THE CITY COUNCIL
TO WHOM IT MAY CONCERN:
Notice is hereby given that there will bt
a Public Hearing of the City Council of
the City of Fridley in the Citv Hall at
6431 University Avenue N.E. on Julv 14,
1969.in the Council Chamber at 7:30 p.m.
for the consideration of the following mat.
ter:
Vacation (SAV No. 69-04( described as
follows:
All that part of Horizon Drive lying
East of the East right of way line of
3rd Street N.E.
All located in the South Half (S
Section 26. T-30. R-24. City of Fridley,
County of Anoka. State of Minnesota.
Anyone desiring to be heard with refer•
ence to the above matter will be heard
at this meeting.
JACK O.KIRKHAM
Mayor
(June 25.July 2,190,
—TC
June 2, 1969
Mr. Ben Bigos
3201 Orchard Avenue north
Minneapolis, Minn.
Re: Parking Lot to Serve Two Multiple Dwellings
at 3rd Street and horizon Drive _ -ed q 5-,to l
Dear lair. Biggs: �-'� �'' � �< tl�G�12—_4��L.�z
This letter is to confirm recent telephone conversations we
have had with reference to parkin; lot construction for your two build-
ings on 3rd Street at Horizon Drive.
As discussed on the phone, we suggest that you petition the City
Council to vacate that part of horizon Drive East of 3rd StreeL and
utilize this area for a new offstreet barking lot.
DWe have received a firm quotation from a contractor to regrade,
,place a new base and surface an area 65x1030 feet for $1,250.00. We
feel this is a good competitive price. As stated, the City would con-
tribute $400.00 towards this construction as our share due to our having
to remove the two previous parking areas a$ want to 3rd Street.
Please sign the enclosed foray for the vacation of Horizon Drive
so that we can commence the vacation procedure. Upon completion of the
vacation, this area would becore part of your property thereir giving you
an offstreet parking lot that would meet the present City Code with
respect both to location and size. In addition to the construction cost,
you would also realize an additional 60 foot of frontage along 3rd Street
resulting in an assessment of about $600.00.
In summary, we offer the following costs:
$1,250.00 - parking area improvement.
200.00 - approximate cost of boulevard and sidewalk repair.
$1,450.00 - total cost of parking u boulevards around parking.
-- 400.00 - anticipated City ehare.
$1,050.00 - total cost of your Ehare of parkin; area.
600.00 - approximate street assessment for 60' of vacated street.
$1,650.00 - total cost of land and improved barking area.
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Ben Bigos -2- June 2, 1969
We are going to recommend to City Council that all there
costs be placed on the assessment roll and would be spread over 10 years
Ott 6% interest an the unpaid balance.
We need written authorization fror. you before we can covr!ence
this construction. Please let us hear from you by Thursday P.M.,
June 10, 1969.
Thank you for your previous cooperation and I am sure you will
also give this matter your usual prompt attention.
Yours very truly
DARREL CLARK
Engineering Assistant
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July 17, 1969
ra Mr Ben Bigos
1215 LaSalle Avenue
Minneapolis, Minnesota 55403
Dear Mr Bigos
�i In regard to the proposed vacation of horizon Drive between 3 Street
N.E. and University Avenue, as I told you, there is a gas main in
this street from which your building at 5101 University Avenue is
served, as shown on the attached sketch.
We will not require an easement here in the vacated street since
this mein serves only your property. However, the gas main will
continue under the same conditions as at present in that no buildings
or other structures may be built so as to interfere with access
to the main.
Sincerely
Warner F Blake
Operations Planning Engineer
WPB:kg
encs
cc: Darrell Clark
"` �! 3V2�t1'ie!f1�VlY;t/aL'd►$
CITY OF RIDLE'l
6431 UNIVERSITYAVE.N.E.
c E I v F c
JULAM
2� 199 �
7 8191101ll1121112��I'�►51(:
August 13 , 1969
Mr. Ben Bigos
1215 LaSalle Ave .
"Minneapolis , Minn. 55403
RE : Easements for Utilities and Sidewalk
ifear Mxr. Mos .
Please accept my apologies for not bringing
these fords to you in person but time has not made
it possible .
I have enclosed' herewith the two easements ,
one for a future sidewalk and the other for existing
utilities . Also enclosed is a drawing showing the
location of the parl,-ing lot and alignment for the
possible future sidewalk.
Both you and your wife must sign these documents .
If you have any questions on this matter please feel
free to call .
Yours very truly,
D V, 1"-f'—C rX K K
Engineer Assistant
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'PLATS & SUBDIVISIONS-
STREETS & UTILITIES SUBCOMMITTEE MEETING JUNE 4, 1969 PAGE 1
ROLL CALL:
Members Present: Myhra, Crowder, Batterson, Zeglen, . Jensen.
Members Absent: None
Others Present: Darrel Clark, Engineering Assistant
1. PROPOSED PRELIMINARY PLAT: P.S. X669-08, MARION'S TERRACE, HOWARD CRABTREE:
Lot 8, Block 2, Riverwood Manor.
No one was present representing the petition.
The Chairman explained this is a similar situation to the proposed Veit's
Addition, inasmuch as there is a sliver of a road of minimal size and com-
bined easement to make the entrance appropriate to the ordinance. The City
will not maintain this easement. All lots are in excess of the minimum
requirements. Regarding utilities, Lots 1 and 2 are served from 71st Way.
Lots 4 and 5 would have single services piped to the easement and wyed off.
The utilities are in Riverwood Manor. Mr . Crabtree's house sets high above
the road, Lot 2 is probably the lowest lot, and the back of that lot is not
more than six feet below the street. A walkout basement would fit in there
nicely. The property lines on the West go to the waters edge.
MOTION by Myhra, seconded by Crowder, that the Plats & Subdivisions-Streets
and Utilities Subcommittee approve the preliminary plat, P.S. X69-08, Marion's
Terrace, by Howard Crabtree, of Lot 8, Block 2, Riverwood Manor and recommend
approval to the Planning Commission. Upon a voice vote, all voting aye, except
Jensen who abstained, the motion carried.
2. VACATION OF HORIZON DRIVE EAST OF 3RD STREET BY CITY OF FRIDLEY: 5100 and 5101
Horizon Drive (Lot 2, Block 9 and Lot 7, Block 4, Carlson's Summit Manor South
Addition.
The Engineering Assistant explained that, at the present time, parking for
the apartments, one on the north side of Horizon Drive and the other on the
south side of the street is in the boulevard area of 3rd Street making it
an illegal parking lot. It was suggested to the owner of the apartments that
he petition the City to vacate this street which would then make him a fee
owner. The parking lot would be between the two apartments and could be
divided in half. The City would keep the utility easement for the sanitary
• sewer. The utility companies have not been contacted yet.
The petitioner had been contacted by phone and it was explained to him that
he was violating the ordinance and Council is going to start trying to get rid
of parking lots on the streets.
Flats & Subs.-Str. & Util. Subcommittee Meeting - June 4. 1969 Page 2
MOTION by Crowder, seconded by Zeglen, that the Plats & Subdivisions-Streets
& Utilities Subcommittee recommend approval to the Planning Commission of
SAV #69-04, vacation of Horizon Drive East of Third Street, requested by the
City, with the stipulation that the necessary utility easements be maintained.
Upon a voice vote, all voting aye, the motion carried unanimously.
3. COMMENT BY MR. MYHRA•
A
Mr. Myhra commented that he had been asked by Mr. Thayer of the School Board
of District No. 14 to investigate the feasibility of a study by the Planning
Commission regarding the changing ratio of multiple dwellings to single family
dwellings as caused by rezoning.
ADJOURNMENT:
There being no further business, the Plats & Subdivisions-Streets & Utilities
Subcommittee meeting of June 4, 1969 was adjourned at 8:01 P.M.
Respectfully submitted
Hazel O'Brian
Recording Secretary
Planning Commission Meeting - June 11, 1969 Page 7
MOTION by Fitzpatrick, seconded by Mittelstadt, that the Planning Commission
recommend approval of the rezoning request, ZOA #69-06, Eldon Schmedeke, of Lots 16
through 19, Block 12 and Lot 30, Block 21, Hyde Park Addition to be rezoned from
R-2 (limited multiple family dwellings) to C-2 (general business areas). Upon a
voice vote, Fitzpatrick voting aye, Erickson, Jensen, Mittelstadt voting nay, the
MOTION FAILED.
Mr. Jensen said he was concerned by the motion because of the effect of broader
considerations that are already on the Council table. Part of one of their plans
includes acquisition of right of way from the Schmedeke property and he thought it
would be quite improper to rezone his property if the community is going to end up
condemning or acquiring a right of way from him. It might be more proper to send
the rezoning request without a recommendation.
MOTION by Mittelstadt, seconded by Jensen, that the Planning Commission pass on
to the Council without recommendation, the rezoning request, ZOA #69-06, by Eldon
Schmedeke of Lots 16 through 19, Block 12, and Lot 30, Block 21, Hyde Park Addition
to be rezoned from R-2 (limited multiple family dwellings) to C-2 (general business
areas). Upon a voice vote, Erickson, Jensen, Mittelstadt voting aye, Fitzpatrick
voting nay, the motion carried.
11. VACATION OF HORIZON DRIVE EAST OF THIRD STREET: SAV #69-04, CITY OF FRIDLEY: 5100
and 5101 Horizon Drive (Lot 2, Block 9 and Lot 7, Block 4, Carlson's Summit Manor
South Addition).
It was noted the City was making a parking lot at the owner's expense in exchange
for other benefits to the owner. The utility easement (sanitary sewer) was down
the middle of the parking lot. It was necessary that the owner petition for the
vacation and give an authorization for the City to assess against his property the
new improvements.
The comment was that 51st Avenue is the crossing the children going to the
elementary school use, and it is the only crossing between 49th and 53rd Avenues.
At one time, 51st Avenue was suggested for a pedestrian walkover. It was felt
the City should get an agreement that, if the crossover bridge is built, it will
be allowed to anchor on the parking lot. Also, for safety's sake, there should be
a sidewalk on the North edge of the parking lot because of the signals so that
the children would not be going in front of moving cars on the parking lots. The
sidewalks should have curbs. The grade was high at University and low on 3rd Street
so that there would be some grading.
MOTION by Jensen, seconded by Mittelstadt, that the Planning Commission recommend
approval of ZOA #69-04, vacation of Horizon Drive East of Third Street by the City
of Fridley with the stipulation that a pedestrian walkway be provided between
3rd Street and T.H. #47 outside the limits of the proposed parking lot, construction
of said sidewalk to approximately wind up with the signalized crossing on T.H. #47,
and the City retaining the proper utility easement. Upon a voice vote, Jensen,
Erickson and Mittelstadt voting aye, Fitzpatrick voting nay, the motion carried.
12. PROPOSED PRELIMINARY PLAT: P.S. #69-09 MIKE O'BANNON: Lots 11, 12, 13 and 14,
Auditor's Subdivision #22 and Lots 1 through 16, 24, 25 and 26, Block 1, Irvington
Addition.
REGULAR COUNCIL MEETING OF JUNE 16, 1969 PAGE 5
Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared
the motion carried.
3. CONTINUED REZONING REQUEST: ZOA #69-06, ELDON SCHMEDEKE: Lots 16 through
19, Block 12, and Lot 30, Block 21, Hyde Park Addition. Rezone from R-2
to C-2.
MOTION by Councilman Liebl to receive the information forwarded by the Planning
Commission on this item. Seconded by Councilman Harris. upon a voice vote, all
voting aye, Mayor Kirkham declared the motion carried.
4. VACATION OF HORIZON DRIVE EAST OF THIRD STREET: SAV #69-04, CITY OF FRIDLEY:
5100 and 5101 Horizon Drive (Lot 2, Block 9, and Lot 7, Block 4, Carlson's
ISummit Manor South Addition)
The City Engineer explained that this portion of the street is no longer in
use. There are two apartment houses on Third Street that do not have adequate
parking and the vacated 60' right of way could be used by the two apartments
as a parking lot. The City should however, retain the utility easements and an
easement for completion of a walk-way from Third Street to T.H. # 47. He
suggested that the City pay approximately $400 for the improvement of the walk-
way, and the apartment houses pay about $1600 for the improvement of their
I parking lots. The Council action necessary at this time is to set the Public
Hearing date.
(COUNCILMAN SHERIDAN ARRIVED AT 8:30 P.M.)
Councilman Liebl pointed out that previously the City wanted a pedestrian
bridge, and asked how much would be retained. The City Engineer said that all
the right of way would be retained, but the apartment houses would be allowed
to use the area as a parking lot to get the cars off the street. The City
Attorney advised that if the Council wishes to vacate the street, that quit
claim deeds be provided for the walk-way and the utility easements. He asked
when Third Street was constructed, if part of their parking lot was removed, or
were they parking in the right of way. The City Engineer said that they were
parking in some of the right of way. The City Attorney said that the City
cannot compensate them for taking parking space in the right of way.
A lady in the audience said that they never had a parking lot, they always
parked in the street. The City Attorney said that there is the problem of
spending public money for the improvement of a parking lot. Councilman Liebl
said that the City must retain enough right of way for the possible pedestrian
bridge, and that he would object to the City paying these people for parking
facilities. Councilman Samuelson asked for a legal review 6f the situation
before the Public Hearing.
MOTION by Councilman Liebl to set the Public Hearing on the vacation of a portion
of Horizon Drive east of Third Street for July 14, 1969. Seconded by Councilman
Harris. Upon a voice vote, all voting aye,Mayor Kirkham declared the motion
carried unanimously.
The City Engineer asked if the City could give the permission to use the land
for parking now, as the contractor is in the area, and if it is not done now, it
could drag on for another six months. Councilman Liebl asked if they were
REGULAR COUNCIL MEETING OF JUNE 16, 1969 PAGE 6
asking that the City pay for some of the parking lot. The City Engineer said
that the apartment owners will have to pay for it. Councilman Liebl felt that
this could not be allowed until the legal procedure is gone through. The
City Attorney said that the work could be done now, but the City cannot spend
public funds on the improvement. The proper procedure would be to have the
Public Hearing first, then they can fix their own parking lots.
MOTION by Councilman Harris to receive the Minutes of the Planning Commission
Meeting of June 11, 1969. Seconded by Councilman Liebl. Upon a voice vote,
there being no nays, Mayor Kirkham declared the motion carried unanimously.
RESOLUTION #88-1969 - RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND
SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT
ST. 1969-3, ADDENDUM #1:
Councilman Sheridan reported that he had had some conversation with the people
in Donnays Lakeview Manor Addition about their concern with the improvement
going in in the Adams Street Addition. He asked, if it was in order, for the
Chair to recognize the speaker for the delegation here tonight.
Mr. Richard Harju, 515 57th Avenue N.E. speaking for the residents on 57th
Avenue and Madison Street, explained that in the consideration of the extention
of the streets in Adams Street Addition, they would like to ask that considera-
tion be given them, as there is a rear easement along the back of their lots,
and they would like some assurance that the boulevard would be so constructed
so that their fences and shrubs could remain intact. They would also request
consideration on the matter of assessments, and that they be fair, in that they
feel that their benefit would be nil.
Councilman Sheridan asked how much right of way the City had on these streets.
The City Engineer said that there was 60' on Washington Street, which would
present no problem. On Jefferson Street the right of way is 30' and on the street
on the south of the plat there is a 30' and 40' right of way. He recommended
a 24' street, just enough for two way traffic, with no parking on the street.
This would result in a 3' boulevard on each side of the street. Councilman
Sheridan said that this 3' is less than the normal and desired width, and
asked if it would be adequate for snow storage. The City Engineer said that
another possibility would be to off-set the street with a 5' boulevard on
the east side of Jefferson Street and a one foot boulevard on the west side.
He pointed out that a 26' street is the minimum recommended. Mr. Carl Paulson
asked if the alley were going to be vacated. Councilman Sheridan answered
that there has been no request to vacate the alley. Mr Paulson said that if it
were, the street could be wider.
Mr. R.W.- Erickson, 565 57th Avenue N.E. said that the solution proposed by
the City Engineer sounded like the best solution and asked if the off-set
would also apply to the street on the south side of Adams Street Addition. The
City Engineer said yes, if the resolution is passed, he would recommend both
streets being off-set. Mr. Erickson said that he was also worried about his
shrubbery. Councilman Sheridan said thank you to the delegation for coming to
the Council Meeting and making their presentation_. Mr. Erickson said thank you
for hearing them, and giving them this consideration. ,
MOTION by Councilman Sheridan to adopt Resolution #88-1969, with the plans and
specifications to be drawn for Jefferson Street and the street on the south side
SPECIAL PUBLIC ?BARING AND WORKSHOP MEETING OF JULY 14, 1969 7,AGE 31
cost estimates as yet. He pointed out that much of the area along 73rd
Avenue is already zoned for multiples now.
MOTION by Councilman Samuelson to close the Public Hearing on the rezoning
request by George Nelson (ZOA #69-02) . Seconded by Councilman Liebl. Upon
a voice vote, all voting aye, Mayor Harris Pro tem declared the Public
Hearing closed.
t
PUBLIC HEARING ON THE VACATION OF ALL THAT PART OF HORIZON DRIVE LYING EAST
OF THE EAST RIGHT OF WAY LINE OF THIRD STREET N.E. (SAV #69-04) : 1
1
Mayor Harris Pro tem- read the Public Hearing notice. The City Engineer said that
as the request indicates, this is for the vacation of a portion of right of
way between T.H. #47 and 3rd Street that is no longer used for vehicular
traffic. This would provide parking foY two apartment houses and it is the
recommendation of the Planning Commission to vacate, but retain walkway easement
to align with the signalization on T.H. #47. Councilman Liebl asked if by
vacating, would the City still have the sidewalk for the children. The City
Engineer said that the vacation would be of the right of way, but the City
would still retain the easement. Councilman Liebl asked if a pedestrian
bridge were to go in in the future, would there be a necessity of a condemnation.
The City Engineer said no. Mayor Harris Pro tem asked about putting in a fence
on the north side of the parking lot so it would not be at the same grade,
and to keep the children walking away from the parking lot. The City Engineer
said that the sidewalk would be about 1' to 1Y higher than the parking lot.
There is also a 6' boulevard proposed between the parking lot and the sidewalk
for snow storage, and the parking lot is to have a rolled berm. Councilman
Samuelson asked if then, the apartments would have to do the improvements
themselves. The City Engineer said yes, if it is vacated. The same owner owns
both apartments. He suggested entering into an agreement and acquiring ease-
ments for the sidewalks before the vacation.
MOTION by Councilman Liebl to close the- Public Hearing for the vacation of a
portion of Horizon Drive lying .east, of the east right of, way line of Third
Street. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye,
Mayor Harris Pro tem declared the Public Hearing closed.
PUBLIC HEARING ON THE FINAL PLAT MARION'S TERRACE, BY HOWARD CRABTREE
(P.S. #69-08) :
Mayor Harris Pro tem read the Public Hearing notice. The City Engineer showed
the proposed plat on the screen for the audience, and explained that it is in
the southwest corner of Riverview Terrace. The large parcel is being proposed
to be split into 4 lots. The Planning Commission did approve the layout, but
he would like to point out one consideration, in that two of the lots are to
be served by a private easement. Here again, there is the question of the
difficulty of getting financing 3--. land not abutting a public street. Other
than that, he said that the plat meets all the requirements.
Mr. W.J. Engelhardt, 7120 Riverview Terrace asked if there was any consideration
given to how close a house may be built to the river. The City Engineer said
not as such, but that the setback from the street must be compatible with the
surrounding area according to the Code, however, this would not affect the
platting.
PAGE 30
THE MINUTES OF THE SPECIAL PUBLIC HEARING AND WORKSHOP MEETING OF JULY 14, 1969
Mayor Harris Pro tem called the Special Public Hearing and Workshop Meeting
to order at 7:30 P.M.
PLEDGE OF ALLEGIANCE:
Mayor Harris Pro tem lead the Council and audience in saying the Pledge of
Allegiance to the Flag.
ROLL CALL:
MEMBERS PRESENT: Harris, Samuelson, Liebl
MEMBERS ABSENT: Kirkham, Sheridan
PUBLIC HEARING ON THE REZONING REQUEST (ZOA #69-02) BY GEORGE M. NELSON:
(Generally located on the south side of Onondaga Street and west of Lakeside Road)
Mayor Harris Pro tem read the Public Hearing notice aloud and asked for any
comments the City Engineer may like to make. The City Engineer refreshed the
Council's memory by saying that this is the request that originally was for
apartment dwellings all the way up to Onondaga Street, but was reduced
because of the wishes of the people and to conform with the recommendations
of the Planning Commission in their study of the over-all zoning for this area.
He then showed a map on the screen for the benefit of the audience. The pro-
posal is for the north portion to stay R-1 along Onondaga Street. The City
Engineer said that this request has been heard by the Planning Commission and
they have recommended approval.
Councilman Liebl asked Mr. Nelson if the land were to be rezoned, which way
will the buildings face. Mr. Nelson replied they will face 73rd Avenue. He
said that the Planning Commission had requested that they provide an easement
of 25' on the west side of the lot from Onondaga Street to a point 25' south
of the southeast corner of Lot 28. Mr. Moore, Attorney for Mr. Nelson said
that it was his understanding that such area of this easement is to be allowed
in computing density of the multiple dwelling project in the R-3A. He felt
that this revised request would satisfy the complaints of the residents.
Mr. Dennis Herbst said that he was the owner of Lot 28 and he would just as
soon see it left as it is.. There is a lot of industry in there already. Mr.
Robert O. Persgard, 7430 Lakeside Road asked how many units there will be,
how much they would cost and how the petitioner would answer the question of
how these apartments would benefit the w-Dmmunity. He said that he was very
much against adding any more apartments in the City.
Mayor Harris Pro tem informed the audience the` on this Public Hearing and all
those following, there will be no decision made tonight, and that they will come
back July 21, 1969.
Mr. Nelson said in reply to the questions by Mr. Persgard that they will be
putting in as many units as the City Code will allow and that they had no
rr , 1,/�9 PAGE 6
\/
FIRST READING OF AN ORDINANCE FOR VACATION (SAV #69-04) OF ALL THAT PART
OF HORIZON DRIVE LYING EAST OF THE EAST RIGHT OF WAY LINE OF THIRD STREET
NORTHEAST:
Councilman Liebl said that he wanted to be clear on this point, that by
this vacation, the City would not be giving up the right for a future
pedestrian walkway, if this should happen in the future. The City Engineer
said that this was correct.
MOTION by Councilman Liebl to approve the Ordinance on first reading and
waive the reading. Seconded by Councilman Samuelson. Upon a roll call
vote, Kirkham, Liebl, Samuelson, and Sheridan voting aye, Mayor Kirkham
declared the motion carried.
APPROVAL OF FINAL PLAT (P.S. #69-O8) MARION'S TERRACE BY HOWARD CRABTREE:
(Generally located at 71st Way and Riverview Terrace)
Councilman Sheridan pointed out that this is an older area of the City and
is hard to plat out.
MOTION by Councilman Sheridan to approve the final plat Marion's Terrace
requested by Howard Crabtree. Seconded by Councilman Samuelson. Upon a
voice vote, all voting aye, Mayor Kirkham ueclared the motion carried.
The City Engineer asked if this meant with the private easernent, just as
it was presented. The Council said yes.
CONSIDERATION OF APPROVAL OF A SPECIAL USE PERMIT FOR CONSTRUCTION OF A
TWO FAMILY DWELLING IN R-1 ZONING: (Lot 3, Block 4, Ostman's Addition)
Roger L. Peterson
Councilman Samuelson said that in view of the letters that have been
received from the surrounding neighbors, raising a various number of
questions, he would have to vote against this.
MOTION by Councilman Samuelson to deny the request for a special use permit
to construct a two family dwelling in R-1 zoning, request by Roger L.
Peterson. Seconded by Councilman Sheridan.
Councilman Liebl asked the City Engineer if he ever had any plan. The
City Engineer said yes, and asked Mr. Peterson to bring them forward. Mr.
Peterson presented his architectural plan for the house. Councilman Liebl
said that their vote against the special use permit was no reflection upon
the plans, but rather that a special use permit is a privilege granted
by the Council and the question is raised, what would happen to the house
should he ever sell it.
THE VOTE UPON THE MOTION, being a voice vote, all voting aye, Mayor Kirkham
declared the motion carried.
SIGN E"T FOR COUNTRY BOY STATION STORE:
CONSIDERATION OF A .,IGN PERMIT' RE U S
Q
John Baucom
Councilman Sheridan asked if this is an addition to the existing pylon.
The City Engineer said the existi}�g square sign is 62 s uare feet and the addition
would add another 32 square feet. He `sal:'. that he would recommend approval
REGUTAR CODNCIL MEETING OF JULY 21, 1 '69 PAGL 3
homes in the area fronting on Onondaga Street. Councilman Sheridan
asked if Councilman Liebl is suggesting that ther be building p`rmits
taken out for the R-1 portion bcforP tl- :nron,� of
for added protection to tl.o L e;,p:+.e -n Cn�.n�i>•,.� :' ... ��n, r. i,i h_
said that is correct, F r 1 lr:: th. t 'i_hcre will nDt lie an
adequate buffer.
THE VOTE UPON THE MOTION, being a roll call vote, Samuelson and Kirkham
voting aye, Licbl and ;ht-ildan voting nay, Mayor Kirkham declared the
motion PAI=V)).
Cc:r cil:.an Sheridan asked that further cons':12rati c-. of tLis rc=_uest be
laid over until Councilman Harris arrives. F- cl= if i4 +`i.on of the Minutes,
the discussion C:s:icilraLn .-.rs:is' t P Council Meeting
will ."-'11-;W:
N2 ION by Councilman Samuelson to bring back the item of the rezoning request
by George Nelson for reconsideration. The motion was seconded and upon a
voice vote, all voting aye, Mayor Kirkham declared the motion carried
unanimoulsy.
Councilman Harris said that in light of discussions held previously, the
fact that lie has received teleY)hrre calls, and that there is ace
Y.e stu'y t3 be un('ertaken by the Planning Cor, :,iission on the entir a
-artment problem within the City of Fridley, he did not feel that he
could act favorably upon this rccTuest.
Sanuelsun that !: :a!;ed on this the
c..:
Ft-ady by the Planning Corm.ission which will. not ;),D coo-, ated until
at,out Se»tember 1, 1969, he would MOVE for the denial of the rezoning
request by George Nelson. Seconded by Councilman Harris.
Councilman Harris pointed out that this denial would not preclude his
y h :k lat_:r, after the completion of the Planning Commission study.
' ,l: on asked when that would be. Councilman Samuelson said that the
Planning Commission hopes to have their study done about the 1st of September,
7e:: it will be studied by the Council during October or November, so he
could perhaps re-initiate his action about the first of the year. Council-
ran Salnuelson said that there were some questions in his mind concerning
in that there were no plans cn what would be going in there,
or ,,hat if he should sell the land and the City would riot have a,--'equate
co�`rcT_. He added that he could still build on the land now zoned R-3.
�._ Nelson said that he was told that it would be smarter to wait to see
if the land could be rezoned, before going ahead and spending any money
,.�n plans. The land as it is now is virtually useless because of the heavy
assessments. Councilman Harris explained that he was not finding fault
with his playas, but rather that the Council would rather wait for the
Planning Commission study before making any determination. I•si. ^'+ :.��n
said that his original proposal was to rezone all the way to cnonlaga St.
then it was cut back to satisify the people in the area. He ,as::ec: if the
Planning Commission did not take this into consideration widen they recom-
mended approval of the rerluest.
THE VOTE UPON THE MOTION, was as follc;as: Harris, Samuelson and Kirkham
voting aye, Sheridz� and Liebl voting nay, Mayor Kirkham declared the
notion pasae_l, and the request denied.
o
REGULAR COUNCIL MEETING OF AUGUST 4, 1969 PAGE 10
audience that the only reason it is on the Agenda tonight is to receive the
petition. He said that he disliked being told that the Council is going
ahead. The Council has only said that they like this idea. The reason is to
control the traffic and to try to cut down on accidents on East River Road
and protect the children walking on the streets. The County is currently
studying this concept with left turns only. He said that he, personally, has
decided that he did not want to lose these three homes either, but that does
not preclude the continuance of the study.
A resident of the area said that he would also be against the taking out of
homes, and felt that the residential and commercial traffic should be kept
separate, however, he did approve of the idea of the left turns only. Mr.
Richard Harris, 6200 Riverview Terrace, asked if the signal for the school
has been approved. Councilman Samuelson said that it has been ordered. He
then asked about the signal for the Georgetown apartments. The City Engineer
said that the County is studying this and when the study is completed, they
will put in the signals, with cost participation by the City. Mr. Harris
said that apparently some of the people have been misinformed and they thought
that this would be a package deal. Councilman Samuelson said that if the
City of Fridley were to do everything in one year it would make the mill rate
go way up, and it must be a staged program and may take many years to complete.
Mr. Fransen asked if it has been determined where the signal will go at the
Stevenson School. Councilman Sheridan said probably at the intersection. He
said that at the time this concept was first discussed, a walkway was con-
sidered rather than a road. The same would apply to the other side of East
River Road. He felt that the idea of left hand turns only, is a good concept,
and that the Council felt that the County will try to eliminate as many
egresses and ingresses as possible off East River Road.
Councilman Liebl pointed out that when this was discussed previously, he
was the Councilman who said that if a thoroughfare is proposed through there,
the people will object, and will be strongly against any condemnations. They
feel that this concept does not alleviate the problems on East River Road, by
making a thoroughfare out of Riverview Terrace. A member of the audience said
that it would be hard to believe that it would be confined only to local
traffic, and would be a self-defeating purpose.
PETITION #36-1969 - PETITION IN REGARD TO THE SEGMENTS OF THE EAST RIVER
ROAD PLANNING CONCEPT RECENTLY APPROVED BY THE FRIDLEY CITY COUNCIL CON-
CERNING THE EXTENSION OF RIVERVIEW TERRACE, FROM MISSISSIPPI WAY TO SOUTH
RIVER EDGE WAY, AND THE CONSTRUCTION OF A SEMAPHORE AT EAST RIVER ROAD
AND RIVER EDGE WAY SOUTH:
MOTION by Councilman Sheridan to receive Petition #36-1969. Seconded by
Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared
the motion carried.
,i RECESS:
5A 07 ayor Kirkham declared a recess from 10:30 to 10:45 P.M.
9
ORDINANCE #431 - AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO
VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE: (Portion
of Horizon Drive)
REGULAR COUNC''1L MEETING OF AUGUST 4, 1969 _, 9
DISCUSSION OF EXTENSION OF RIVERVIEW TERRACE BETWEEN MISSISSIPPI STREET AND
RIVER EDGE WAY AND RECEIVING PETITION #36-1969: (Requested on Agenda by
Councilman Liebl)
Mr. Ken Fransen, 157 Riversedge Way N.E. , said that since submitting the
petition in the Councils' Agenda, he has gotten more signatures on the
petition. He presented new copies of the petition, and read the petition
aloud. He said that it was felt that there are a number of unanswered ques-
tions and the people would like to know what problems this concept would solve.
He said that the people are not against the semaphore for the Stevenson
School, that they realize that this is needed. It is felt that there are
other ways for the children to get to the school. He asked for an explanation
of the values of this concept.
The City Engineer said that as everyone knows who lives near East River Road,
it is one of the most dangerous roads in the City of Fridley. Both the
City and the County have been working on studies for traffic control. The
County has authorized a consulting engineer to study the problem from 1.694
to Rice Creek. There is a proposal for a signal near the school intersection.
In 1962 there was a plan for eliminating all left hand turns except at signals
• on East River Road and the County is now studying this concept. A member of
the audience asked if this would be the signal on Mississippi now, or a new
signal. The City Engineer said that there are plans for improving this whole
intersection with additional right of way. A member of the audience said
that there are apartments all along Mississippi Way, and the original plan
was to make a cul de sac. Councilman Liebl said that there is a street to
the north that would go to the signals that would serve the apartment
buildings. The City Engineer said that another concept under study would be
for a divider all along East River Road to eliminate all left hand turns.
Councilman Sheridan said that this would mean that cars could get onto East
River Road, but would have to exit only at signals. The City Engineer pointed
out that University Avenue has been improved with left turning lanes. There
is additional right of way needed for East River Road for some shoulders. At
present there is not enough room for the Police Department to pull a speeder
over to the side of the road without subjecting both the speeder and the
Policeman to danger. He showed the concept on the screen and explained
that this is only a planning concept, that Anoka County is studying it,
and there have been no definite detailed plans as yet.
Councilman Samuelson explained that the Council took under consideration a
large amount of data supplied by the Police Department concerning the number
and types of accidents on East River Road. Primarily the cause of accidents
was that people would have to stop to make a left hand turn and would be run
into from the rear. He assured them that before anything of a concrete
nature would be done, they would be informed. He added that the school would
save between $2,000 to $5,000 per year by not having to bus the children.
A member of the audience said that under this proposal, three homes would be
lost. Mr. Ken Fransen agreed, that a through street through this residential
area is not the answer to no left hand turns on East River Road. The City
Engineer reiterated that this is a concept only and the residents are getting
too far ahead of themselves, and detailed questions cannot be answered at
this time.
A resident of the area stated that he would like to go on record as being
opposed to having this street going through. Mayor Kirkham informed the
• REGULAR COUNCIL MEETING OF AUGUST 4, 1969 PAGE 11
MOTION by Councilman Liebl to adopt Ordinance #431, waive the reading and
order publication. Seconded by Councilman Sheridan. Upon a roll call vote,
Liebl, Samuelson, Sheridan, and Kirkham voting aye, Mayor Kirkham declared
the motion carried.
FIRST READING OF AN ORDINANCE AMENDING SECTION 402 OF THE CITY CODE:
MOTION by Councilman Samuelson to approve the Ordinance on first reading and
waive the reading. Seconded by Councilman Sheridan. Upon a roll call vote,
Samuelson, Sheridan, Kirkham and Liebl voting aye, Mayor Kirkham declared the
motion carried.
FIRST READING OF AN ORDINANCE AMENDING SECTION 105.01 OF THE CITY CODE:
MOTION by Councilman Samuelson to approve the Ordinance on first reading and
waive the reading. Seconded by Councilman Liebl. Upon a roll call vote,
Kirkham, Liebl, Samuelson, and Sheridan voting aye, Mayor Kirkham declared
the motion carried.
RATIFICATION OF RESOLUTION #119-1969 DELETING CERTAIN STREETS FROM THE PRO-
POSED 1970 STREET IMPROVEMENT PROJECT, ST. 1970-1 AND ORDERING THESE STREETS
TO BE IMPROVED IN THE YEAR 1972: (Passed July 21, 1969)
Councilman Samuelson reported that he had received some calls concerning the
street improvement of 70th Way from East River Road to Hickory Drive. This
street is in about the same condition as Locke Lake Road and Hickory Street.
With the Council's permission, he would like to reconsider the motion of
July 21, 1969.
MOTION by Councilman Samuelson to bring back for reconsideration the motion
adopting Resolution #119-1969 of July 21, 1969. Seconded by Councilman
Sherida.a. Upon a voice vote, all voting aye, Mayor Kirkham declared the
motion carried.
MOTION by Councilman Samuelson to add to the list of deletions on Resolution
#119-1969, the street improvement of 70th Way from East River Road to Hickory
Drive. Seconded by Councilman Liebl. Upon a voice vote, all voting aye,
Mayor Kirkham declared the motion carried.
The City Engineer said that he wanted to point out that there will be storm
sewer work done in this street, so 70th Way would be partially assessed.
Councilman Samuelson said that this is understood, and the people are only
talking about the street surfacing.
MOTION by Councilman Samuelson to ratify Resolution #119-1969 in it's amended
form. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye,
Mayor Kirkham declared the motion carried.
RATIFICATION OF RESOLUTION #120-1969 AUTHORIZING SUBMISSION OF SPLIT LIQUOR
TO THE VOTERS: (Passed July 21, 1969)
MOTION by Councilman Liebl to ratify Resolution #120-1969. Seconded by Council-
man Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the
motion carried.
I
REGULAR CO`;'r: I":, MEETING OF AUGUST 4, 1969
RESOLUTION #134-1969 - RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND
SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT
ST. 1969-3 — ADDENDUM #2: (Riverview Heights area)
Mayor Kirkham commented that it seemed in the final analysis of the dis-
cussion that the majority of the residents wanted the improvement. Council-
man Sheridan asked of the City Attorney; what would be the legal standing of
the Council if it felt unanimously that an improvement should go in regard-
less of what the residents wanted, if it was felt by the Council to be
necessary for the health and welfare of the residents. The City Attorney
answered that a 4/5 vote would be necessary to levy special assessments.
Councilman Samuelson pointed out that by ordering in this improvement as it
is in the specifications, is really a waiver of the City Code requirements.
He questioned how to protect the Council and future Councils from the same
type of requests for a cheaper street. He asked if a resolution could not
be passed stating that this waiver is allowed in Riverview Heights as it is
a flood plain. Councilman Sheridan agreed and asked the City Attorney
and the Administration to draw up the resolution for ratification.
MOTION by Councilman Sheridan to adopt Resolution #134-1969. Seconded by
Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried.
RESOLUTION #135-1969 - RESOLUTION GRANTING A WAIVER OF THE CITY CODE
REQUIREMENTS AS PERTAINS TO CURB, GUTTER, AND STREET WIDTH, PRO-
JECT ST. 1969-3 - ADDENDUM #2, BY REASON OF IT BEING A FLOOD PLAIN, AND
PROVIDING FOR SLOPE EASEMENTS WHICH WOULD EXPIRE IN ONE YEAR:
The City Engineer indicated that as the improvements proposed are minimal,
and sub-standard, the people should not expect a top job and should expect
to live with some problems. The best job as possible with the limited
improvement monies will be done.
MOTION by Councilman Samuelson to adopt Resolution #135-1969. Seconded
by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried.
The City Attorney asked what the Council wanted to do if some of the people
will give the slope easements free and some will not. Councilman Liebl said
that he presumed they would have to be gained through condemnation and
assessed back. Councilman Sheridan said that he felt that if they cannot
all be gained free, then it would only be fair to pay for all. If, for
instance nine people are willing to give them free and one will not, then there
should be an appraisal made, everyone paid, and the cost assessed back to the
project. Without the easements, the dike is impossible.
RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 23, 1969:
1. PROPOSED PRELIMINARY PLAT, P.S. #69-09, MIKE O'BANNON: Lots 11, 12, 13
& 14, Auditor's Subdivision #22 and Lots 1 through 16, 24, 25, & 26,
Block 1, Irvington Addition.
MOTION by Councilman Samuelson to set the Public Hearing for the preliminary
plat requested by Mike O'Bannon for September 8, 1969. Seconded by Councilman
Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion
carried. _
PUBLIC HEARING AND WORKSHOP COUNCIL. MEETING OF AUGUST 11, 196`) j
Councilman Liebl asked Councilman Harris if the County Commissioners
were going to cooperate and make this a County Road. Councilman Harris
said that the Engineering Office has written a letter asking to be on the
Commissioner's Agenda, but he did not know if they would accept the
proposal or not. Mr. Herron asked if this was made a County Road, will
it come out of County funds. Councilman Harris said no, but it would
be maintained out of County funds,
A gentleman asked if there were any sidewalks planned and if tenants will
be able to park on Main Street as they do now. He was told that there are
no sidewalks planned and there will not be parking on Main Street, but
openings will be given so cars can get off the street.
MOTION by Councilman Liebl to close the Public Hearing, Seconded by
Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham
declared the Public Hearing closed at 10:30 P.M.
CONSIDERATION OF A REZONING REQUEST (ZOA #69-09) TO REZONE FROM R-2 TO
R-3A, GENERALLY LOCATED SOUTH OF HIGHWAY #694 BETWEEN 5TH STREET AND 6TH
STREET. (REQUESTED BY SACRED HEART PARISH) :
Mayor Kirkham read the Notice of Hearing.
MOTION by Councilman Liebl to receive the communication from Mr. and Mrs.
Berhow, 5430-5th Street N.E. , opposing this rezoning. Seconded by
Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham
declared the motion carried.
Councilman Liebl noted that the Planning Commission recommended approval of
the rezoning. He asked the petitioner how many units there will be. The
petitioner said there would be as many as are permitted. The Council
asked if he was willing to share in the cost of the improvement of 5th
Street which is just a dirt road now. The petitioner said that if he
sells the land, the buyer will pay for his share of the footage.
Councilman Harris said he thought that if any future building was done
on this street, he would like to see the street improved. He said that
he noted by the Planning Commission Minutes that this will only be adding
five more units to what could already be built there now as most of it
is already rezoned. The petitioner asked if he could get some information
on what would be permitted on this rezoned property. He was told he could
come in to City Hall and get a copy of the City Zoning Code.
MOTION by Councilman Harris to close the Public Hearing. Seconded by
Councilman Samuelson. Upon a voice vote, there being no nays, Mayor
Kirkham declared the Public Hearing closed at 10:37 P.M.
CONSIDERATION OF A VACATION (SAV #69-03) OF AN ALLEY AND TWO STREETS IN
BLOCK 6, BERLIN ADDITION. (REQUESTED BY GREAT NORTHERN RAILWAY COMPANY) :
Mayor Kirkham read the Notice of Hearing.
The City Engineer pointed out that the Planning'Commission has recommended
the vacation subject to an agreement between the Railway Company and
Northern States Power regarding utility easements,
r y
i
PUBLIC HEARING AND WORKSHOP COUNCIL MEETING OF AUGUST 11, 1969 ry
Councilman Harris said that this was not necessarily so. He said it was not
fair to people who have improved their streets to keep paying for old ones
and there were only so many dollars in the maintenance fund and if there
were no funds, the City would have to start charging for surfacing also.
Mr, Tuveson asked if this street is eventually going to knave to be done.
The Council said yes. Councilman Samuelson said that there has been a price
increase of approximately 10% in the last few years, A woman, who said she
did not live on this street but on 58th Street, said that the people in her
area had voted for their street because they feel they want good streets to
drive on now.
Mayor Kirkham said he would call for a show of hands once more on those in
favor of a State Aid Street without sidewalks. Eight people raised their
hands.
MOTION by Councilman Harris to close the Public Hearing. Seconded by
Councilman Samuelson. Upon a voice vote, there being no nays, the Public
Hearing on the West Moore Lake Drive portion of ST. 1970-2 was closed at
10:10 P.M.
2. MAIN STREET FROM 58TH AVENUE TO 61ST AVENUE:
Mr. John Heron, representing the Northern Pacific Railway Company, asked
about the assessment on the west side of Main Street. The Finance Director
said that the estimated price was $12.50 per foot. Mr. Heron asked if
being a State Aid Road would decrease some amount of the cost. The Finance
Director said that 100% of the cost is assessed on industrial. It is only
R-1 that is assessed the residential rates. Mr. Heron asked if there is a
provision for storm sewer work on Main Street. The City Engineer said that
the drainage will be taken care of and that it is basically in now. There
will not be any assessment for storm sewer on this. Mr. Heron said that the
railroad is not opposed to this project.
Mr. R. H. Brokopp, representing the Great Northern Railway Company, asked
again if the State Aid funds were only applicable to residents. The Council
said yes, that this was the policy of the. City. Mr. Brokopp asked if there
will be sidewalks on the west side of Main Street. The City Engineer said
there -was no sidewalk proposed on Main Street.
Mr. R. McClain, 6007 Main Street, asked about parking because cars cannot
back out on a State Aid Road. Mayor Kirkham said that the Council did not
know at this time just how this would be resolved as they had inherited a
pretty old problem. Mr. McClain said he owned two lots and one is an
empty corner lot which he did not think should be assessed as much. Mayor
Kirkham said the City had to comply with State Statutes and no matter what
is on the lot, the assessment goes by footage. Mr. McClain said he was
opposed to this improvement until the land is developed. He thought the
land should be developed first and then the street put in. Mr. McClain
thought-it should be resurfaced now, as it was not supposed to be done
until 1975. He said he was still paying for old assessments.
Mrs. Rudnitski, 6035 Main Street, asked about the parking at the four-plex
she and her husband own. They do not know if they should put the parking
in front or back, although they are willing to pay the cost to finish the
parking lot. Mayor Kirkham said he did know how this will be ggggIved,
but said there will be a curb"R the street is put it and Curb cuts will
be made.
, V t
PUBLIC HEARING AND WORKSHOP COUNCIL MEETING OF AUGUST 11, 19b9 36
MOTION by Councilman Liebl to close the Public Hearing. Seconded by
Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham
declared the Public Hearing closed at 10:40 P.M.
RECESS;
Mayor Kirkham called a recess. The meeting was reconvened at 11:00 P.M.
POLICE PENSION COMMITTEE APPOINTMENTS:
The Council discussed whether the appointments should be by Wards. They
said that the important thing would be that the appointees have a knowledge
of the subject, such as accounting, financing, etc. This item is to be put
back on the next Council Agenda at which time the Council have their
appointees ready.
CONSIDERATION OF PROPOSAL AND AGREEMENT - FINANCIAL CONSULTING SERVICE
(EHLERS AND ASSOCIArTES) :
Councilman Harris said that he had looked over the proposal and if it meets
with the approval of the City Attorney, he thought it was a very fine
agreement. The Finance Director said he had talked with Mr. Ehlers about
the suggestion made by the City Attorney at the last meeting and Mr. Ehlers
had revised the agreement so that work done on government grants will be on
an hourly basis.
MOTION by Councilman Harris to approve the. proposal and agreement for
financial consulting service with Ehlers and Associated, Inc. Seconded
by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor
Kirkham declared the motion carried.
DISCUSSION REGARDING DIKE EASEMENTS:
The City Manager said that as the dike goes further south, the necessary
road and slope easements amount to quite a bit of encroachment on the
people's property. He said that in some areas the encroachment would be
as much as 12 feet for roadway easement. He asked if the Council had any
thoughts on the width before proceeding with the realignment of the dike, etc.
The City Manager explained that he had discussed the possibility of bank
stabilization with the Corp of Engineers, but under the public law, they
would have to do a complete job which would be under the Federal rules and
would be a split job which might nulify chances of getting the overall project.
The City Attorney said he had asked that this item be put back on the Agenda,
as he was afraid some of the people had gotten the idea that the slope ease-
ments were the only ones needed. He said there were 22 lots involved and
in order to move on this project quickly and to treat all the people the
same heIt it would be tart condemnations. He said that
fe necessary to s
the City could spend a substantial amount of time trying to get easements
granted and then only get part of them. He said the Council had expressed
a desire that it if is impossible to get all the .easements donated, he
should condemn them all. Councilman Samuelson said this was fine. Council-
man Harris said he felt this was the only fair way. The City Manager asked
if this would preclude the peoplefrom giving the easements if they wanted to.
� t
PUBLIC HEhR1N"G AND WORKSHOP COUNCIL MEETING OF AUGUST 11 , 3 >''
Councilman Harris said he thought everyone should be treated alike, so he
thought the Council should refuse the easements being given. The City
4ttQrney said that otherwise you would have the situation where one
property owner donated the property, and the other side had to be con-
demned and assessed to the project, so the first owner was paying for the
other fellow also. Mayor Kirkham said he would agree - all or none.
The City Manager asked if the Council thought the road should be a one-way
or a two-way. CounQilman Samuelson said that the cost of condemnation
could be reduced by reducing the acquisition, although the Public Hearing
had been held at the width of 22 feet. The City Engineer said that if
the street was a one-way, it could be cut down by 6 feet to a 16 foot
roadway.
The City Attorney said that if the dike was ever widened from' 16 feet to
22 feet, that would mean they would have to go back and condemn again.
Councilman Harris said he felt it was better to get the full width now so
they do not have to go back.
MOTION by Councilman Harris to authorize the City Attorney to start
condemnation proceedings along the dike to make a roadway of 22 feet,
Seconded by Councilman Samuelson. Upon a voice vote, there being no nays,
Mayor Kirkham declared the motion carried,
CONSIDERATION OF FIRST READING OF LIQUOR ORDINANCE:
Councilman Harris reviewed for the Council the few small changes the Liquor
Committee had made in the proposed ordinance at their last meeting.
Councilman Harris said he would recommend the ordinance to the Council
for first reading. He said that approximately 100 man hours had collectively
been put in on it. More thought and time have been put in on this ordinance
than any other ordinance the City has probably ever passed with the ex-
ception of the zoning ordinance, He said the Committee feels it is complete
and good and every word has been gone over thoroughly.
Councilman Liebl suggested that the first reading be tabled until the
next meeting when there would be a full Council. Mayor Kirkham said that
the idea had been to adopt the ordinance on first reading before the election
so the public would have the intent of the ordinance and know the way the
Council is planning on going. Councilman Harris said the second reading
would not be held until after the election to see how the vote goes.
Councilman Liebl asked about the distance decided upon for distance allowed
from a church. Councilman Harris said that the Committee had arrived at
the figure 400 feet after studying the whole City with an aerial map using
the circles of 250 feet, 500 feet, 1,000 feet. He said that the 1,000 foot
circles overlapped each other. The 500 feet was reduced to 400 fat as the
Committee felt this was the best, and the 250 feet was too little distance.
Councilman Harris said that the 400 feet had been the unanimous decision of
the Committee.
Councilman Liebl asked about the Board mentioned in the Ordinance.
Councilman Harris said that this was included because other communities had
it, but as the City will not be granting that many licenses, the Council
will be the Licensing Board. Mayor Kirkham said that this would make it
possible to someday have a Board if feasible without changing the Ordinance.
s
REGULAR COUNCIL MEETING OF JULY 6, 1970 PAGE 4
The City Manager pointed out that with a group of 4000 people, the number of
people that would be making a claim would not have a great affect on the
premiums. At least not as much as if the group were smaller. Councilman
Harris said that he understood that this plan is being considered as the plan the
City is now under would be accelerating their rates. The City Manager said that
this is true, the old plan is going higher. If the City joins with Hennepin
County the rates would be lower and it appears that they would stay lower
because of the number of people involved. Councilman Harris commented that the
purpose is to get the most the City can for the least amount of money.
Councilman Liebl said that he would vote for this policy as the committee
recommended it, but he would put mo-re trust in a stock company. He felt that the
City should try it, as,it does give the employees more coverage, although the
guarantee is not there as it is in a stock company. If this does .not work out,
the City is not bound for more than the 17 months, and then it could be open
bidded. Mr. Middag said that this is correct. After the 17 months-is up,
it could be re-bid. Every quarter there is a review and there could be an increase
in rates,
MOTION by Councilman Liebl to adopt the Hennepin County Blue Cross MI3 insurance
plan and the recommended life insurance and AD & D coverage for the next 17
months, expiration would be December, 1971. Seconded by Councilman Sheridan
with the comment that stock companies that have been licenses have also gone
defunct. A mutual company has the right to assess as necessary to put themselves
back on their feet. He felt that the City is getting some benefits that they
could not afford-.if they .had_their own plan.
THE VOTE UPON THE MOTION, being a voice vote, all voting aye, Mayor Harris Pro
tem declared the motion carried.
5�
CORRECTED SECOND READING AND ORDERING PUBLICATION OF ORDINANCE NO. 431 -
1 VACATION OF ALL THAT PART OF HORIZON DRIVE LYING EAST OF RIGHT OF WAY LINE OF
3RD STREET N.E. (CITY OF FRIDLEY) :
MOTION by Councilman Liebl to adopt Ordinance $431 on the corrected second
reading, waive the reading and order publication. Seconded by Councilman
Breider. Upon a roll call vote, Liebl, Harris, Braider, and Sheridan voting aye,
Mayor Harris Pro tem declared the.motion carried.
DISCUSSION REGARDING ASSESSMENT ON JEFFERSON STREET:
Councilman Sheridan commented that it .appeared that :t�beraTware. some people
present on this item. He said that the Council has received some material on
this particular section of the street. At has been the policy of the Council in
the past on double frontage lots the assessment has been placed on the non-
address side at a rate of 25% of the normal assessment charged for that street.
This has been the policy in the past and he did not want _to see it changed.
In every case there has been a full right of way, but in the case of Jefferson
Street, and the street on the south side of the-plat, known as Lakeland or
57th Avenue extended, these are not full width right of ways or driving surfaces.
At the time of platting Donnays Lakeview Manor Addition, the Council elected to
vacate � of Jefferson Street and deed to Mork Champion, the developers. The
other half was dedicated. All the homes in Donnays Lakeview Manor Addition have
garages that face the address side of their homes. There is no benefit to
REGULAR COUNCIL MEETING OF JULY 6, 1970 PAGE 3
THE VOTE UPON THE MOTION, being a voice vote, all voting aye, Mayor Harris Pro
tem declared the motion carried.
RATIFICATION OF RESOLUTION #128-1970 - A RESOLUTION AWARDING THE SALE OF $1,330,000
SPECIAL ASSESSMENT BONDS AND $460,000 WATER WORKS BOND:
MOTION by Councilman Sheridan to ratify Resolution #128-1970. Seconded by
Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem
declared the motion carried.
Councilman Sheridan pointed out that Councilman Breider's name was misspelled on
Page 26 and Page 30 of the Agenda. Mayor Harris Pro tem asked that this be
corrected.
RATIFICATION OF RESOLUTION #129-1970 - A RESOLUTION RELATING TO $1,330,,000
SPECIAL ASSESSMENT FUND BONDS, FIXING THE FORMS AND _SPECIFICATIONS THEREFORE AND
DIRECTING THEIR EXECUTION AND DELIVERY AND PROVIDING FOR THEIR PAYMENT:
MOTION by Councilman Liebl to ratify Resolution #129-1970. Seconded by Council-
man Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared
the motion carried.
A'IFICATION OF RESOLUTION #130-1970 - A RESOLUTION RELATING TO $460,000 WATER
WORKS BONDS, FIXING THE FORKS AND SPECIFICATIONS THEREOF, DIRECTING THEIR
EXECUTION AND DELIVERY THEREOF AND LEVYING TAXES FOR THEIR PAYMENT: !^�
MOTION by Councilman Breider to ratify Resolution #130-1970. Seconded by
Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Harris
Pro tem declared the motion carried.
CONSIDERATION OF GROUP HOSPITALIZATION PLAN FOR THE NEXT SEVENTEEN MONTHS:
(HENNEPIN COUNTY BLUE CROSS MII) :
The City Manager said that this information is the same as was presented
previously by the Finance Director. He said that Mr. Middag, Purchasing Agent,
is present to answer any questions in the absence of the Finance Director.
The committee made the recommendation to the Council that the City accept the
Henn®pin County Blue Cross MII plan. This would be effective August lst.
Councilman Liebl at the last meeting asked if they were under the control of
the State and the City Attorney has researched it and presented his memorandum
to the Council.
MOTION by Councilman Liebl to receive the communication. from the City Attorney
on the Employee Group Hospitalization Insurance dated July 6, 1970. The motion
was seconded and upon a voice vote, all voting aye, Mayor Harris Pro tem
declared the motion carried.
Councilman Liebl said that it appears that MII is a stock company, but Blue
Cross and Blie Shield are not, but are mutuals, and as such are not directly
under the jurisdiction of the State. He asked the City Attorney if, in his
opinion, the City could take this risk. The City Attorney explained that a
stock company is subject to-more, direct control than is a mutual company.
Mutuals are, however, under the jurisdiction of the Attorney General of the
State of Minnesota, and they have requested the-Insurance Commissioner to
examine their procedures and financial statements and make reports to the
Attorney General on their condition and recommend any correotivq 4tctign, if
necessary.
ORDINANCE NO. 431
AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER
TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C
-OF THE CITY CODE
The Council of the City of Fridley do ordain as follows:
SECTION 1. For the vacation of the street described as follows:
All that part of Horizon Drive lying between
the East right of way line of Third Street
Northeast and a line located twenty feet (20')
West of the West right of way "of State Trunk
Highway #47 (University Avenue Northeast)
All located in the South Half (SZ) of Section 26,
T-30, R-24, City of Fridley, County of Anoka,
Minnesota
be and is hereby vacated except that the City of
Fridley retains easement rights for utility,
drainage and pedestrian walkway purposes.
SECTION 2. The said vacation has been made in conformance
with Minnesota Statutes and pursuant to Section
12.07 of the City Charter and Appendix C of the
City Code shall be so amended.
PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 4TH DAY
OF AUGUST , 1969.
MAYOR - Jack 0. Kirkham .
ATTEST:
CITY CLERK - Marvin C. Brunsell
Public Hearing: July 14, 1969
First Reading:_ .11„1y 21, 1969
Second Reading: August 4. 1969
Publish . . . i p
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