SAV68-03 CITY OF FRIDLEY TYPE OF REQUEST
MINNESOTA
Rezoning
PLANNING AND ZONING FORM
Special Use Permit
Number SAV #68-03
Variance
APPLICANT'S SIGNATURE Lot Splits
Address SZ 54 Tw Am . E . Approval of Pre-
c Q _ liminary Plat
Telephone Number ,7 �j �Z.
Approval of Final
Plat
PROPERTY OWNER'S SIGNATU
"goSLI
I 5 4 Tn w/1 y� �- E - Streets or Alley
Address Vacations
Telephone Number 5 (40c�l " 3 Q RZ Z Other
Street Location of Property .5 Z 5 4& "r'E{ A v g. t**% . L .
Legal Description of Property. L o T LearZ�
o `E
TM T Ie1r'
Present Zoning Classification C F
Existing Use of the Property.
Proposed Zoning Classification, Special Use, Variance or other request
Describe briefly the Type of Use and the Improvement Proposed O V
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?L�
When?
U
What was Requested Fee Enclosed $ Rrrc, qd y)y
Date Filed Date of Hear-ing
PLANNING AND ZONING FORM PAGE 2
Number '-e) 3
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 property in question, belongs
to the undersigned.
Residents and Owners of Property within 300 feet:
MRS014S ADDRESS
Fit
LU-s
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. Location of Proposed Structure on lot.
3. Dimensions of property, proposed
structure, and front and side set-back,-
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 SIGNATURE >
(APPLICANT)
Approved Denied By the -oard of Appeits
Subject to the Following Conditions: elate
Approved Denied by the Planning Commission on
Subject to the Following Conditions: date
Approved Denied by the Council on
Subject to the Following Conditions: date
Form PC 100
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I hereby certify that this is a true and correct repro3eatation of
' a survey of the boundaries of
Lot 22-A and Lot 22-E, Flock 1, Lyndale Builders 4th Additiono
Anoka County, Minnesctr.
Ap surveyed by ko this 20th day of Au ust, 1959.
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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
August 12 , 1968 in the Council Chamber at 8 : 00 P .M. for
the purpose of :
The vacation (SAV #68-03) of all that
part of a utility and drainage ease-
ment described as follows :
The Easterly two feet (21 ) of the
Westerly five feet (51 ) of the
Southerly fifteen feet (151 ) of
the Northerly twenty feet (201 ) of
Lot 22A, Block 1 , Lyndale Builders
4th Addition, and lying in the
Southeast Quarter (SE 1/4) of Section
23, T-30 , R-24 , City of Fridley, County
of Anoka, State of Minnesota.
Generally located at 521 54th Avenue
Northeast .
Anyone desiring to be heard with reference to
the above matter may be heard at this time .
JACK 0 . KIRKHAM
MAYOR
Publish: July 24 , 1968
July 31 , 1968
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S .A.V. #68-03 A U
Lots 22-A & 22-B , Bl
N.E. Lyndal,e Bldrs . 4th Add ,
Henry Saffert
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(official
FRIDLEY
PUBLIC HEARING BEFORE
THEC1TY COUNCIL
TO WHOM IT MAY CONCERN:
Notice is hereby given that
•i there %%ill be a public hearing of
the CityCouncil of the City of
i
Fridley n the City Hall at 6431
University Avenue N.E. on August
n;12, 1968 in the Council Chamber
at 8:00 P.M. for the purpose of:
The vacation �cAYONo–ili0tl
of all that part YOfa ut)hty
and drainage easement de-
0
ment described as follows:
e e Westerly
Easterly
the
five feet (5') of
td, the Southerly fifteen feet (15')
)e of the Northerly twenty feet
31 (20') of Lot 22A, Block 1, Lyn-
!tdale Builders 4th Addition, and
lying in the Southeast Quarter
I' (SE ',a) of Section 23, '1.30,
R•24, City of Fridley, County
of Anoka, State of Minnesota.
Generally located at 521 4th
Avenue Northeast.
Anyone desiring to be heard
with reference to the above mat•
ter may be heard at this time.
JACK O. KIMAYO
(July 24, 31, 1968)—TC
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S ,A.V. #687-03
• Lots 22-A & 22-B, Bl , 1
Lyndale B1drs , 4th Add.
Henry Saffert
NORTHERN STATES P O W E R COMPANY
May 16, 1968
Mrs. Henry Saffert
521 54th Ave. N.E.
Minneapolis, Minnesota 55421
Dear Mrs. Saffert:
This is to confirm our conversation of May 16, 1968 relative to
the encroachment on the existing 5 foot anchor easement on the
West side of the property described below:
Lot 22 A Block one
Lyndale Builders 4th Add.
Please be advised that we have no objection to said encroach-
ment as long as it does not interfere with our facilities which
occupy said easement.
Yours truly,
E.P. Robertson
Distribution Superintendent
Minneapolis Division
George C. Lewis
Senior Right of Way Agent
EPR/GCL:amm
S .A.V. #68-03
Henry Saffert
Lots 22-A $ 22-B, B1 1
Lyndale Bldrs . 4th Add
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NORTHWESTERN BELL TELEPHONE COMPANY
IOWA—MINNESOTA—NEBRASKA—NORTH DAKOTA—SOUTH DAKOTA
rI
8125 Lewis road
Minneapolis, °iinnesota 55427
May 16, 1968
Henry Saffert
The Northwestern :Hell Telephone Company has no objection to
you building a garage or roof overhang that may extend into
easement on property described below.
Lot 22-A and Lot 22-B
Block 1 of the
Lyndale -builders 4th Addition
Anoka County
Engineer
S .A.V. #68-03
Lots 22-A & 22 - B, B1 1
Lyndale Bldrs 4th Add.
Henry Saffert
July 8, 1968
Oity Cpuncil
6431 Vriversity Avenue North East
Fridley, Minnesota
Gentlemen:
We would like to ask you to give the building inspector permission
to grant us a permit for building a garage at 521 54th Avenue North
East, residence of Henry G. Saffert. Part of the area involved is
encroached two feet into a utility easement . We have gotten the
necessary letters from the Rell Telephone Co. and Northern States
Power Co. stating that they have no objection to said encroachment.
We have gone through Street and T?tility, Plats and Subs, and the
Planning Commission making our appearance before vou.
Our public hearing is on August 12th, 1968 and we would like to
start construction before that time. Therefore, we are making this
request to you.
Sincerely yours,
Henry G. Saffert
MINNEAPOLIS GAS COMPANY
MINNEAPOLIS , MINNESOTA 55402
July 25, 1968
Mr Nasim Qureshi
City Engineer
City of Fridley
6431 University Avenue N E
Fridley, Minnesota 55421
Dear Mr Qureshi
Thank you for your notice of the proposed vacation of part
of the utility and drainage easement in Lot 22 A, Block 1,
Lyndale Builders 4th Addition.
We have no installations in this area and do not object
to this vacation.
Sincerely
IP64���
Warner P Blake
Operations Planning Engineer
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Plats & Subs , Str . & Uti.l . Mtg . - June 11 , 1968 Page 2
• 3 . LOT _SPLIT REQUEST : L . S . #68-11 , LEROY B. SMITH: Lot 2 , Block 1 , '
Spring Valley Addition.
Mr. Smith told the Subcommittee the lot was 125 ' x
300+ ' and he wished to split the lot making the south half
137 feet , the north half to have a 25 foot easement for a
future road and also ,a five foot utility easement in the
center . Also , there is a house on the proposed south lot
towards the back and center facing 64th, and has been vacant
for about two years . He said he thought the legal description
of the south half would be the south 137 feet of lot 2 ,
Block 1 .
The City Engineer asked if Mr. Smith understood he
could not build on the South lot until the utilities are in,
and the answer was that Mr. Smith did. Mr . Myhra asked if
Mr , Smith was aware that the 5 foot utility easement in the
center of the lot meant five feet from each half. Mr . Smith
said he would do that.
The Chairman mentioned the minimum lot requirement
is 9 , 000 square feet and that Mr . Smith was over that amount ,
and asked that an actual description prepared by a surveyor
be ready for the Planning Commission meeting on June 13, 1968 .
• MOTION by Nagel ,. seconded by Schmedeke , that the Plats
and Subdivisions-Streets and Utilities Subcommittee recommend
approval ol"Lot Split request , L . S . #68-11 , subject to the
dedication of 25 feet on the North side of Lot 2 for street
purposes , a 10 foot utility easement in the center of the
plat (5 ' for each lot) and subject to satisfactory description
of the split parcel . Upon a voice vote , all voting aye ,
the motion carried unanimously .
4 . VACATION REQUEST : SAV #68-03 , HLNJJJ SAF ERT : Lots 22A
and 22B, Block 1 , Lyndale -Builders 4th Addition.
Mr . Saffert explained that he would like to build a
double garage , and that Northern States Power had a five
foot anchor easement in the back yard on the West side .
Chairman Jensen said an anchor easement is of no part-
icular concern to the City as , basically, it is for a pole
anchor and no other purpose .
Mr. Saffert said the proposed garage would not encroach
upon the set back requirements .
He presented letters from the. Northwestern Bell Tele-
phone Company and the Northern States Power Company stating
they had no objection to the encroachment on their easement .
For the Northwestern Bell Telephone Company the garage or
roof overhang would extend on their easement and for the
Northern States Power Company, the encroachment would be on
the existing 5 foot anchor easement and there were no
. Plats & Subs . - Str . & Util . Mtg . - June 11 , 1968 Page 4
Subcommittee time to walk the terraine with Mr. Johnson and
check on access for this parcel . Upon a voice vote , all
voting aye , the motion carried unanimously .
Mr. Albrecht entered the meeting .
7 . VACATLQN_ STUDY : 56TH AVENUE 6TH TO 7TH STREETS : Requested by
Council at 6/3/68 meeting .
The City Engineer gave the background for this study.
He said that when the Interstate highway was put in, --there
was an outer drive to 7th Street for the Drive- In Theatre ,
but there was no drainage facilities . Whenever it rained
sand piled into 7th street and 56th Avenue . In 1966 , the
City blocked 56th Avenue with a pile of sand . Since that
time , the storm sewer has been put in to take care of the
drainage from the Drive- In Theatre .
Mr . Brusseau, who owns the property on the Southwest
corner of 56th Avenue and 7th Street , goes over vacant property
to get into his garage . He requested the sand pile be
cleaned up the road opened so that he could enter his garage
from 7th Street . A suggestion was made to get a petition to
improve the street , but he said he had tried it , and didn ' t
get a good response from the property owners , The Council
felt it should be studied.
The Subcommittee wanted to go over the area and to
continue the Study until the next meeting of June 20 , 1968 .
MOTION by Schmedeke , seconded by Myhra , that the Plats
and Subdivisions-Streets and Utilities Subcommittee table the
Vacation Study of 56th Avenue from 6th to 7th Streets until
June 20 , 1968 in order to give the Subcommittee time to check
the area . Upon a voice vote , all voting aye , the motion
carried unanimously .
ADJOURNMENT :
MOTION by Albrecht that the meeting be adjourned at
9 : 15 P .M.
Respectfully submitted,
Hazel O 'Brian
Recording Secretary
_J
Planning Commission Meeting. - June 13, 1968 Page 4
to providing a 25 foot right of way for street purposes on the North of Lot 2
and a 5 foot drainage and utility on both sides of the division line and
requested that the petitioner provide legal document for the consideration of
the Planning Commission. Because Mr. Smith was not present, Mr. Jensen felt
there had not been enough time for him to prepare the above information.
MOTION by Myhra, seconded by Erickson, that the Planning Commission con-
tinue until the meeting of June 27, 1968 the lot split request (L.S. #68-11)
Leroy B. Smith of Lot 2, Block 1, Spring Valley Addition. Upon a voice vote,
all voting aye, the motion carried unanimously.
5. CARTER-DAY COMPANY: Approve Registered Land Survey, RLS #68-03:
The Chairman said the purpose of the registered land survey for Carter-
Day Company is to simplify the legal description of the tract.
The City Engineer told the Commission this property is owned by Carter-
Day. There might be an easement on the South side for the high power trans-
mission lines of Northern States Power Co.
MOTION by Erickson, seconded by Ylinen, that the Planning Commission
approve the Registered Land Survey (RLS #68-03) of Carter-Day Company. Upon
a voice vote, all voting aye, the motion carried unanimously.
6. VACATION REQUEST: SAV #68-03, HENRY G. SAFFERT: Lots 22A and 22B. Block 1,
Lyndale Builders 4th Addition for garage.
Mr. and Mrs. Saffert were present. Mr. Saffert had consulted with the
City Attorney who said he would get the information needed for the Planning
Commission. Mr. Saffert had received letters from Northern States Power Co.
and Northwestern Bell Telephone Co. saying they had no objections to his re-
quest.
The Cit Engineer said he had hada preliminary discussion with the Cit
City g P rY Y
Attorney. He said if the Planning Commission wished to recommend approval of
the vacation, by the time it would go to Council he would have the correct
legal procedure.
There was a discussion regarding whether or not the easement was filed
on the plat. If it were, the City would have to release it. Then the matter
of the- letters from the Utility companies, whether or not they would be 100%
effective in case of legal matters, was discussed.
MOTION by Jensen, seconded by Myhra, that the Planning Commission recom-
mend approval to the Council of the vacation request (SAV #68-03) Henry G.
Saffert, of the Easterly two feet of the Southerly fifteen feet of the five
foot by 20 foot anchor easement located at the Northwest corner of Lot 22A,
Block 1, Lyndale Builders 4th Addition. Upon a voice vote, all voting aye,
the motion carried unanimously.
7. PUBLIC HEARING: PROPOSED PRELIMINARY PLAT, P.S. #68-04, BARTH ADDITION,
MERWIN BARTH: Lots 16 and 17, Block 2, Spring Lake Park Lakeside.
Mr. Barth was present.
F
REGULAR COUNCIL MEETING OF JUNE 17, 1968 PAGF 16
5. CARTER-DAY COMPANY REGISTERED LAND SURVEY RLS #68-03:
MOTION by Councilman Harris to concur with the Planning Commission
in their approval of the Registered Land Survey for Carter Day.
Seconded by Councilman Samuelson. Upon a voice vote, all voting
aye, Mayor Kirkham declared the motion carried.
6. VACATION REQUEST: SAV #&g-_k3,__HENRY G. SAFFERT: Lots
22A and 22B, Block 1, Lyndale Builders 4th Addition,
for garage.
The City Engineer explained that this request was for about 2 '
so his proposed garage could use about 18" of the land in question.
There is a question of whether this can be done by resolution or
must go through the usual channels as an Ordinance. Mr. Gibbs
said he was not sure if a resolution would be sufficient. The
City Engineer suggested if the Council concurs, then to go through
the usual procedure.
MOTION by Councilman Samuelson to concur with the recommendation
of the Planning Commission for approval of the vacation of 2 '
requested by Henry Saffert. Seconded by Councilman Liebl. Upon
a voice vote, all voting aye, Mayor Kirkham declared the motion
carried.
7. $ROPOSED PRELIMINARY PLAT, P.S. #68-04, BARTH ADDITION,
MEWIN BARTH: Lots 16 and 17, Block 2, Spring Lake Park
Lakeside.
The City Engineer explained that this preliminary plat meets all
Minimum requirements and if the Council concurs they could set
tap the Public Hearing for the final plat.
MOTION by Councilman Harris to concur with the Planning Commission
and set the Public Hearing date for the final plat on July 8, 1968.
Seconded by Councilman Liebl . Upon a voice vote, all voting aye,
Mayor Kirkham declared the motion carried.
8. LOT SPLIT REQUEST: L.S. #68-12, CENTRAL SERVICE CO. ,
KEITH HOLVENSTOT, AGENT: Lot 15, Block 4, Bennett
Palmer Addition.
The City Engineer explained that Erickson wish to extend to the
pgM for more parking space. The split would be 24' on the south
and 26' on the north of the lot.
REGULAR COUNCIL MEETING OF JUNE 17 , L968 PAGE 15
Seconded by Councilman Samuelson. Upon a voice vote, all voting
aye, Mayor Kirkham declared the motion carried.
RACEZVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF JUNE 12, 1968:
MOTION by Councilman Harris to receive and concur with the Minutes
of the Board of Appeals Meeting of Juen 12, 1968. Seconded by
Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried.
Carl Paulson said that on Item #2 (a garage setback variance
request for his neighborhood) the Minutes were correct as he had
attended the Meeting and that he had no objections.
j&CEIVING MINUTES OF THE FRIDLEY INDUSTRIAL DEVELOPMENT COMMISSION
ING OF MAY 2, 1968:
MOTION by Councilman Liebl to receive the Minutes of the Fridley
Industrial Development Commission Meeting of May 2, 1968. Se-
conded by Councilman Harris. Upon a voice vote, all voting aye,
,Mayor Kirkham declared the motion carried.
CEIVING THE MZNUTES OF THE PLANNING COMMISSION MEETING OF JUNE
13, 1968:
1. REZONING REQUEST, ZOA #68-09, LARRY FERGUSON: Lot 1 and
2, Block 3, Gunderson Terrace. Rezone from R-1 to R-3 .
It was pointed out by the Planning Commission in the Minutes that
Mr. Ferguson was not in attendance at the Public Hearing before
the Planning Commission due to a mix-up in time, and this fact
was noted by the Council. The Petition in opposition to the
rezoning request was then considered.
PETITION NO. 13-1968 - FOR DENIAL OF REZONING REQUEST
ZOA #68-09 - LOTS 1 AND 2, BLOCK 3, GUND&RSON
TERRACE, TO REZONE R-1 DISTRICT TO ANY OTHER ZONE
THAN R-1 .
'ION by Councilman Harris to receive Petition No. 13-1968.
Seconded by Councilman Liebl. Upon a voice vote, all voting aye,
Mayor Kirkham declared the motion carried .
MOTION by Councilman Samuelson to concur with the Planning Com-
mission in the denial of the rezoning request ZOA #68-09 by Larry
Ferguson. Seconded by Councilman Harris. Upon a voice vote, all
voting aye, Mayor Kirkham declared the motion carried.
iEGULAR COUNCIL MEETING July 1 , 1968 Page 4
at that time, and that it is Mr. Sallterman's feeling that this restaurant
would be an asset to the City of Fridley.
Councilman Liebl pointed out that Mr. Saliterman did dedicate Rice Crook
Aoad to the-City and has beem assessed heavily for it. This is a valuable piece
of property and inasmuch as he is a tau payer also; should- receive-at- least
some compromise. The sidewalks are a must-but the 35' setback would be
a good compromise he felt.
MOTION by Councilman Sheridan to grant a setback waiver on Rice Creek Road
from 80' to 35' for the construction of a ,Sandy1s ;Re4taurant requested
by Max Saliterman. Seconded by Councilman Liebl . Upon a rotl call vote,
Liebl and Sheridan voting aye, and Kirkham and Samuelson voting nay,
Mayoc.Zirkham.declared the motion FAILED.
Lucia -LAM REPOT:
The City Manager explained that this report was prepared by him, and he
has the concurrence of the City Engineer and the Chief of Police. The
Council added that they agreed also.
MOTION by Councilman Liebl to receive the memorandum from the City Manager,
concur, and authorize the Administration to send the prepared letter to
the State Highway Commissioner, Mr. N. T. Waldor, requesting the reduction
in speed limits on T.M. *65 between Mississippi Street and Osborne. .
Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor
Kirkham declared the motion carried.
' FOR PUBL I C HARING ION. REQUEST0
:
Councilman Samuelson asked if this was going to be a time consuming Public
"earin9 as August 12th isothe Air Pollution Hearing. The City Engineer
replied that this was just a formality and should not take over 5 minutes.
MOTION by Councilman Llebl to call a Public Hearing on August 12, 1%8 for
the hearing on the vacation request by Henry Saffert (SAV #68-03). Seconded
by Councliman Sherldan. Upon a volae .rote, al l voting aye, Mayor Ki rkham
declared the motion carried.
DIJOSION OF PRESENT PARK FACILITIES:
Counc4 I man iri eb I. so i d that he had .roce i ved mattV• 6one•,V0 is and luttore In
regard. to the present parks, and also, he felt ,%hat tht-general iaipreeslon
of the people who contacted him was that the pow are not odoquwtv4y
oolntoined.now: so .how can they vote for adds tion!- perks wl thbat It"OwIng
exactly wharf the money is to be used for. He olid that therefore+, he would
like to present the fol owing five questions for Council consideration:
"Point- 1 We, the Council , have to implement and advocate a far
better Maintenance Pnj ram for our "Present Parks". (over
the past years our Parks did, not receive the maintenance
job they need and consequently they looked ansightly):
Pout It - We, the rounei l , have to install and provide the mons ,in the
f futurq "Perk 11�,449*t►l to give."l' ftrk Director tho, neowiftry
Nays and metas to comply with the wishes of the People of Fridley.
REGULAR COUNCIL MEETING July 1 , 1968 page 3
Councilman Liebl asked just what type of restaurant Mr. Saliterman intended
building. Mr. James Casserly, representing Mr. Saliterman, showed him a
brochure covering the Sandy's Restaurant and explained that there are now
over 100 of these restaurants throughout the country now. It will seat
approximately 100 people. Mr. Casserly said that it would be about the
same as the one in St. Anthony and that one has been able to draw a good
quality of people to the restaurant.
Mayor Kirkham said that the City's Ordinances are set and to allow this
would be an infringement on other property owners.
James Casserly explained that Mr. Saliterman feels that this restaurant
would supply a necessary drawing card, as the shopping center does not do the
business it should. He further explained that Mr. Saliterman would rather
not divulge his plans for the south portion of his land.
Councilman Liebl asked Mr. Casserly if Mr. Saliterman is sure that he has all
the parking places he would need. Mr. Casserly replied that if more are
ever needed, Mr. Saliterman would be the first to admit it and would be
anxious to provide them.
Councilman Liebl then asked if there was enough room for operation.
CQunci ]man Samuelson said that he thought so. He felt that it would stand
to reason that shoppers would utilize the closest possible parking space
so they would not have to walk so far, and in this way, the restaurant
would be compatible with the shopping center. However, he said that his
reason for being against this was that it seems that .when you have a complex
such as a restaurant or filling station out in front of a shopping center
it has a tendency to degrade the overall usage and appearance. He felt
that 35' was awfully close. Councilman Sheridan pointed out that at the
last meeting, Mr. Smith had said that he could not live with an 80' setback.
Councilman Samuelson agreed and said that that would put him out in the
middle of the parking lot, however even in a residential area less than
35' is not allowed.
Carl Paulson asked if this was in any way a driveo-in type restaurant.-
Mayor Kirkham informed him that it is a sit-down type of� restaurant and
there would be no curb service. Mr. Casserly added that it might be comparable
to Embers. ,
Mayor Kirkham pointed out that we, this Council , has been forcing other
developers- to adhere to the setback requirements. C-ounciiman Sheridan
agreed with Councilman 1 amuelson's comment about the setback requirements
in residential areas and that perhaps a 35' setback would be better. This
would give a better view when driving off the service road. Councilman
Samuelson agreed that 35' would be better than the 35' requested.
Councilman Llebl felt that the 35' waiver should be granted to meet the
standard set in residential areas and that to still require the 80' setback
would. be a hardship. With this amount of land, a developer should be able to use
It properly. Mayor Kirkham pointed out that Mr. Saliterman was aware of the
setback requirements when he built the original shopping center, but now
he coshes to the Poupci1requesting variances. (fir, Casserly answered that
Mr. Saliterman did not foresee the possibility (of a restaurant in this area
REGULAR COUNCIL MEETING OF JULY 15 , 1968 PAGE 12
69TH AVENUE REVAMPING•
The City Engineer said that the bids have been let for this project.
Mr. Kurpius said that the Highway Department has not cared to par-
ticipate in the cost of the improvement.
Councilman Harris pointed out that there would be no adequate storage
room for cars . Mr. Kurpius said that 73rd Avenue would be signalized
and would serve the Ice Arena.
Councilman Harris asked Mr. Kurpius how much the State would par-
ticipate in the cost within their own right of way. He pointed
out that there was also a sight problem there. Mr . Kurpius said th$t
he did not feel there was any vision problems and that the State
will not participate in this cost.
Mr. Burrill said that he has to justify any costs of any improve-
ments by showing how the Highway Department will benefit. Council-
man Harris asked if it would help if the City would prepare a list
of the benefits the City feels that the State would derive from
this improvement. Mr. Burrill said that if this was done, the
reasons would be considered. Mayor Kirkham agreed that the list
should be prepared.
It was agreed that this item would be discussed again at the Meeting
of July 29, 1968.
CONSIDERATION OF APPROVAL OF FINAL PLAT FOR BARTH ADDITION (P.S. #68-04) :
MOTION by Councilman Harris to approve the Final Plat of Barth
Addition contingent upon the recommendations made at the last
Council Meeting , which were; a 10 ' easement along the south pro-
perty line, submitting a drainage plan, and soil borings to check
the water table. Seconded by Councilman Sheridan. Upon a voice
vote, all voting aye, Mayor Kirkham declared the motion carried
unanimously.
REQUEST BY HENRY G. SAFFERT FOR AUTHORIZATION FROM COUNCIL TO
BUILDING INSPECTION DEPARTMENT ':U tiLLOW FOR BUILDING A GARAGE
BEFORE THE PUBLIC HEARING AUGUST 12, 1968:
Mr. Saffert said that this was an anchor easement, and the request
is to permit building a two stall garage. It is to have a 6" over-
hang with a gable roof so there will be storage room in the attic.
REGULAR COUNCIL MEETING OF JULY 15, 1968 PAGE ;
Councilman Sheridan said that he has seen many violations there and
this would help to eliminate this problem.
The City Engineer said that there is an existing island break in
the island on 57th Avenue for alignment .
Mr. Robert Kurpius said that through negotiation the property
owned by the state can be returned to the original property owner.
He said that a slight shat in Third street may be necessary for
proper alignment with the islands in 57th Avenue.
There followed a long informal discussion with Mr. Holvenstot,
Holiday representative, at the Council table while looking over
the plans.
The final outcome of the discussion was that Mr. Burrill of the
Highway Department stated that the State would not vacate the service
road between 57th Place and 57th Avenue until they were assured by
the City that an alternate traffic flow was available at another
location. Councilman Samuelson pointed out that the City already
has a 33 foot easement to the West. Mr. Holvenstot indicated
that they would give up 60 ' east of the apartments if they were
able to negotiate with the owner and purchase the land vacated by
the Highway Department that is now the service road between 57th
Avenue and 57th Place. Otherwise, he said, Holiday could not
volunteer to give up the 60 ' extension without suffering loss from
a property value drop.
,MOTION by Councilman Samuelson that the City Manager be directed
to write to the Highway Department, indicating that the City is
in favor of their vacating the service road between 57th Place and
57th Avenue and that the City has a 33 loot easement on which to
provide for flow of the traffic from the area. Prior to the sending
of the letter to the Highway Department, the City Manager is to
entertain a letter from Holiday offering to give up the 60 ' east of
the apartments for extension of rhird Street contingent upon their
purchase of the vacated frontage road. Seconded by Councilman
Liebl . Upon a voice vote, all voting aye, Mayor Kirkham declared
the motion carried unanimously.
Mr. Schmedeke said that the people want Third Street opened up and
that they want the road to be east of the apartments.
7
REGULAR COUNCIL MEETING OF JULY 15 , 1968 Pt=,GE 13
The City Engineer explained that the question was whether it was
necessary to go through all the legal requirements , the petitioner
has agreed to do this . This has been approved by the Board of
Appeals already and if the City Attorney can see no problem, he
could be authorized by Council to go ahead .
Councilman Samuelson suggested that the building permit could be
granted with the stipulation that all the legal formalities had not
yet been met.
Mr . Saffert said that he telt that it would be better to wait until
it was entirely legal. He said that he has letters from Northern
States Power Company and the Telephone Company granting him per-
mission to use their easement.
Councilman Sheridan asked about the 20 ' long drainage easement
shown and said that it seemed we would need to vacate 15 ' in length
of this easement. The City Engineer explained that this easement is
part of the plat and can only be vacated by the City.
Mr. Saffert said that he would rather wait until the Public Hearing
August 12, 1968.
DISCUSSION OF REQUEST FOR BURGER KING TO INSTALL A DRIVEWAY ON
SALELLITE LANE:
The City Engineer explained that when Burger King was made aware of
the plans for disconnecting the service road they became concerned,
as explained in the letter .
Councilman Liebl asked if this would not cause a conflict with the
Fridley Covenant Church driveway. The City Engineer said that there
is a 5 ' off-set .
Councilman Samuelson suggested that it would be better to have the
exit on the west side as there is already a 22 ' easement there.
The rest of the Council was in agreement.
MOTION by Councilman Samuelson to allmi an access on the west side
of Burger King rather than on the south side. Seconded by Council-
man Sheridan. Upon a voice vote, all. voting aye, Mayor Kirkham
declared the motion carried unanimously.
CCNSTDERATIgN OF STOP SIGN ON 53RD MENU AND SKYWOOD LANE CAUSING
TRAFFIC ON THESE STREETS TO STOP BEFORE ENTERING MATTERHORN DRIVE:
The City Manager explained that there are stop signs there now,
however, they have never been officially authorized. Councilman
REGULAR COUNCIL MEETING OF JULY 15 , 1968 PrGE 14
Sheridan said that this would actually establish Matterhorn Drive
as a through street .
MOTION by Councilman Sheridan to authorize the stop signs on 53rd
Avenue and Skywood Lane, causing traffic on these streets to stop
before entering Matterhorn Drive. Seconded by Councilman Liebl.
Upon a voice vote, all voting aye, Mayor Kirkham declared the
motion carried unanimously.
_DISCUSSION OF REQUEST FOR CHANGE FROM TREE PLANTING TO FENCING ON
THE EAST SIDE OF SUNLINER MOTEL:
The City Engineer explained that there are four property owners
involved and three out of four have indicated a preference for the
fence.
Mr. Hart, of the Sunliner Motel, said that he thought the people
behind the motel liked the grass landscaping and the additional
lighting the motel provides, however, he agreed that the preference
• seemed to be for fencing rather than the trees . He said that it
would be basket weave or the equivalent and would run for 285 ' .
Councilman Liebl pointed out that the choice should be determined
by whether visual screening is desired or a noise screen.
MOTION by Councilman Samuelson to concur with the request and allow
6 ' redwood fencing for a distance of 285 ' in lieu of the required
tree planting ordered previously. Seconded by Councilman Sheridan.
Upon a voice vote, all voting aye, Mayor Kirkham declared the motion
carried unanimously.
APPROVAL OF SIGNING AGREEMENT `JITH B.B. CHAPMAN OF NASON, WgffXMW,
_KNIGHT, AND CHAPMAN, INC. AS REQUESTED BI: THE PLANNING COMMISSION
FOR PLANNING SERVICES:
The City Engineer said that this is the same firm as was authorized
to be hired previously and that this agreement had already been
ordered and it' s appearance in the Agenda is just a formality.
MOTION by Councilman Sheridan to authorize signing of the agree-
ment for planning services by B.B. Chapman, of Nason, Wehrman,
Knight, and Chapman Inc. Seconded by Councilman Harris. Upon a
voice vote, all voting aye, Mayor Kirkham declared the motion
carried unanimously.
Mr. Schmedeke said that this particular firm was not asked for
and that he did not wish to take the blame from the people in
the north end of the area, He said that he did not want this area
SPECIAL PUBLIC HEARING COUNCIL MEETING OF AUGUST 12, 1968, pAGZ 40
MOTION by Councilman Harris to adopt Resolution No. 111-1968 for
the improvement of 73rd Avenue. Seconded by Councilman Samuelson.
Upon a voice vote, there being no nays, Mayor Kirkham declared the
motion carried.
Councilman Harris advised the men in attendance that they will be
notified by mail of the Public Hearing before the Planning Com-
mission. Councilman Liebl suggested that they talk to the other
property owners regarding the problems before the Planning Com-
t :on Public Hearing.
CONTINUED PUBLIC HEARING ON REZONING REQUEST (ZOA #68-04) TO REZONE
RQM R-1 TO R-3A, PART OF LOT 9, A.S. #88, REQUEST BY LOUIS MOM-
CHILOVICH:
The City Engineer explained that when the Public Hearing was held
earlier, Mr. Momchilovich was told that he could only put in a 7
unit apartment house in the space he had available after he deeds
the the 30 ' right of way on the west side of his property for the
street, although he wanted 10 units. He is now requesting approval
of the rezoning request and that a Public Hearing be set up on the
rezoning of an additional 47 ' on the westerly portion of parcels
460 and 470 on which he holds an option to buy. By purchase of this
property, he would have enough room for the 10 unit„ apartment
house he wanted.
Mr. Momchilovich then showed the Councilmen and the Mayor his option
on the ladd he is planning to buy.
MOTION by Councilman Harris to close the Public Hearing on the rezoning
request by Louis Momchilovich. Seconded by Councilman Samuelson.
Upon a voice vote, all voting aye, Mayor Kirkham declared the motion
carried.
MOTION by Councilman Harris to set the Public Hearing date for
September 9, 1968 for the rezoning of the additional 47 ' of the
westerly portion of Parcels 460 and 470. The motion was seconded
and upon a voice vote, all voting aye, Mayor Kirkham declared the
motion carried.
PUBLIC HEARING FOR VACATIgNREQUEST (SAV #68 -03) LOTS 22-A ASID 22-H
JILM11 LYNDALE By;j ERS *TH ADDITIo a (HENRY SAFFERT)
The City Attorney explained that this was the request in which the
applicant wished a vacation of 2 ' to permit building a garage and
that Mr. Saffert had obtained permission in writing from the
utility companies.
SPECIAL PUBLIC HEARING COUNCIL MEETING OF AUGUS2 12, 1968, PAGE 41
MOTION by Councilman Harris to close the Public Hearing on the
Vacation request by Henry Saffert. Seconded by Councilman Liebl.
Upon a voice vote, all voting aye, Mayor Kirkham declared the motion
carried.
FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE CITY
CHARTER TO VACATE A PORTION OF A DRAINAGE AND UTILITY EASEMENT
IN BLOCK 1, LYNDALE BUILDERS 4TH ADDITION:
MOTION by Councilman Harris to approve the ordinance for the vacation
requested by Henry Saffert on first reading and waive the reading,
and authorize issuance of the building permit. Seconded by Council-
man
cuncilman Samuelson. Upon a roll call vote, Samuelson, Kirkham, Harris,
and Liebl voting aye, Mayor Kirkham declared the motion carried.
The City Attorney explained the legal requirements regarding the
reading and publication of an ordinance, and suggested that 15
days after the publication, at which time the ordinance becomes law,
the Safferts could come in and request a certified copy of the
ordinance to take to the Register of Deeds to record this vacation
as part of their abstract.
CONSIDERATION OF GASOLINE PUMPS FOR COUNTRY VILLAGE SUPER MARKET
ON NORTHEAST QUADRANT OF CENTRAL AVENUE AND MISSISSIPPI STREET:
(Tabled 8-5-68)
The City Attorney explained that he was not present when this was
first discussed, but he has talked to the City Engineer and that he
is satisfied that the applicant did show the gasoline pumps on the
blueprint and that he did intent to have gas pumps. He said that
the request has been cleared through the Fire Prevention Bureau
Chief and the State Fire Bureau and that he is satisfied that
legally approval would be in order .
NOTION by Councilman Harris to approve of the request for gasoline
pumps for Country Village Super Market. Seconded by Councilman
Liebl. Upon a voice vote, Councilman Samuelson abstaining, Mayor
Kirkham declared the motion carried.
RESOLUTION NO. 112-1968 - A RE^OLUTIOm DIRECTING PREPARATION OF
ASSESSMMT ROLL FOR STORM SENSR INPROVBKENT PROJ$CT #82:
NOTION by Councilman Samuelson to adopt Resolution No. 112-1968.
Seconded by Councilman Liebl. Upon a voice vote, all voting aye,
Mayor Kirkham declared the motion carried unanimously.
REGULAR COUNCIL MEETING OF AUGUST 19, 1968 PAGE 2
QRDINANCE #400 - FOR VACATION (SAV #68-03) PART OF LOT 22A, BLOCK 1,
LYNDALE BUILDER'S 4TH ADDITION: (REQUEST BY HENRY SAFFERi T) :
MOTION by Councilman Liebl to adopt Ordinance ##400 on second reading,
waive reading , and order publication. Seconded by Councilman Sheridan.
Upon a roll call vote, Kirkham, Sheridan, and Liebl voting aye,
Mayor Kirkham declared the motion carried .
FIRST READING OF AN ORDINANCE FOR REZONING REQUEST (ZOA ##68-04) TO
REZONE FROM R-1 TO R-3A, PART -OF LOT 9, AUDITOR 'S SUBDIVISION #88
BY LOUIS MOMCHILOVICH:
Councilman Sheridan pointed out that a roll call vote on a re-
zoning ordinance requires a 4/5 vote, therefore, he suggested that
this item be tabled until later in the Meeting after Councilman
Samuelson arrives.
FIRST READING OF ORDINANCE ESTABLISHING ORDINANCE VIOLATIONS
BUREAU FOR DISPOSING OF VIOLATIONS RELATING TO BUILDING CONSTRUCTION;
OPERATION OR MAINTENANCE; FIRE AND FIRE PREVENTION; PUBLIC HEALTH
AND SANITATION; ZONING:
The City Manager explained that after the first reading, this
ordinance will have to be reviewed by Judges to determine fairness.
The City Attorney agreed and elaborated that the list of misdemea-
nors and fines are merely suggested . The Court will have to deter-
mine what the fines will be after passage on first reading . He
explained that this ordinance 's purpose is not to raise money, but
rather to obtain compliance with our ordinances . He said that it
would take a lot less money for the Inspection Department to issue
a tag than for Court costs and Attorney 's fees .
Councilman Liebl asked the City Attorney if, in his legal opinion,
these fines would be upheld in Court. The City Attorney explained
that the fines were taken from Edina, St. Louis Park, and Blooming-
ton=`s ordinances, and that the Council may wish to make the fines
in certain areas smaller or larger . He said this is the equivalent
of the policy for issuing a traffic ticket.
The City Manager said that this ordinance was requested to allow
immediate action and eliminate a lot of paper work.
MOTION by Councilman Sheridan to approve this ordinance on first
reading and waive the reading . Seconded by Councilman Liebl. Upon
a roll call vote, Kirkham, Sheridan, and Liebl voting aye, Mayor
Kirkham decared the motion carried.
THE MINUTES OF THE REGULAR COUNCIL MEETION OF AUGUST 19rs L968
Mayor Kirkham called the Regular Council Meeting of August 19,
1968 to order at 8: 12 P.M.
PLEDGE: OF ALLEGIANCE:
Mayor Kirkham requested that the audience stand and join the Council
in saying the Pledge of Allegiance to the Flag .
ROLL CALL:
MEMBERS PRESENT: Liebl , Sheridan, Kirkham, Samuelson (Arrived
at 9:50 P.M. )
MEMBERS ABSENT: Harris
PRESENTATION OF AWARDS:
Mayor Kirkham read tWo citations for Robert J. Hughes for serving
on the Planning Commission and the Parks and Recreation Commission,
and presented him with the Certificates of Appreciation.
APPROVAL OF MINUTES OF THE REGULAR COUNCIL MEETING OF AUGUST 5 1968:
MOTION by Councilman Liebl to adopt the Minutes of the Regular
Council Meeting of August 5 , 1968 as presented. Seconded by Coun-
cilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried.
APPROVAL OF MINUTES OF THE SPECIAL PUBLIC HEARING MEETING OF AUGUST
12,1968:
MOTION by Councilman Liebl to adopt the Minutes of the Special
Public Hearing Meeting of August 12, 1968 as presented. Seconded
by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor
Kirkham declared the motion carried.
ADOPTION OF AGENDA:
Mayor Kirkham said that there were two items to be added to the
Agenda: Item #29: Court Space Rental
Item #30: Gift House Stamp Company regarding Sidewalks.
MOTION by Councilman Lkebl to adopt the Agenda as amended. Seconded
by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor
Kirkham declared the motion carried.
Henry Saffert
SAV #68-03
i
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j
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ORDINANCE NO. 400
AN ORDINANCE UNDER SECTION 12 . 07 OF THE CITY
CHARTER TO VACATE STREETS AND ALLEYS AND TO
AMEND APPENDIX C OF THE CITY CODE
f
The Council of the City of Fridley do ordain as follows :
SECTION 1 . For the vacation of all that part of
a utility and drainage easement described
as follows :
The Easterly two feet (21 ) of the
r Westerly five feet (51 ) of the South-
erly fifteen feet (15 ' ) of the Northerly
tw6nty feet (201 ) of Lot 22A, Block 1 ,
Lyndale Builders 4th Addition.
All lying in the Southeast Quarter (SE 1/4)
of Section 23 , T-30 , R-24 , City of
Fridley; County of Anoka, State of
Minnesota.
be and is hereby vacated.
SECTION 2 . The said vacation has been made in con-
formation with Minnesota Statutes and
pursuant to Section 12 . 07 of the City
Charter and Appendix C of City Code
shall be so amended.
i
PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 19TH
DAY OF AUGUST 1968
MAYOR Jack 0. Kirkham
ATTEST :
CITY CLERK Marvin C . Brunsell
First Reading August 12 1968
Second Reading : August 19, 1968
Publish. , . . . . . August 28, //,