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LS76-07'orm 5-68 LOT SPLIT APPLICATION � -C - 44 CITY OF FRIDLEY FOR CTTY USE ONLY Applicant's Name ' APPLICANT: F-r=c,i,Iz, -Z (/D f Lot Split # -U ADDRESS: C ?Gr f, �@�� -.-�-'��- /� �3 Street City Zip C� Date Filed: a� 7 LLEPHONE # 5 7l �b53z 27 0 Fee:$5a Receipt # 38 4 •� P x Home Business Council Action:Date a' I1 REMARKS: ' PROPERTY OWNER(S) AY It A-C.S ^Ts C 6 KJ 1 h S P + co ADDRESSES) 5So 21 7A-r v It o Stree City Zip Code -civao •r -P 'w Cd Street City Zip Code CH TELEPHONE #(S) S-7 / qS 3 / d Home Business 4� C0 +� 03 a) oo co o }I —1 ¢ � +�, Property Location on Street AA/' / or Exact Street Address (IF ANY) Sao !YE A-r`I-Ly Sf w �+ Legal Description of Property: N Reason for Lot Split: Total Area of Property sq. it. Present Zoning Classification i The undersigned hereby declares that all the facts and representations stated in this application are true and correct. DATE: 1 (-I, SIGNATURE q- BELOW FOR CITY USE ONLY (See reverse side for additional instructions) `, PLATS & SUBS: Date of Consideration - Remarks: PLANNING COMMISSION: Date of Consideration - Remarks: CITY COUNCIL: Date of Consideration - Remarks: j,. LOT SPLIT APPLICATION PROCEDURE E • i 1 . Obtain application form at City Hall. (6431 University Ave. N.E. , Fridley) 2. Aeturn completed application form with the required sketch of the property involved and the lot split fee of $10.00 for each original lot being split. 3. The application will be submitted to the Plats & Subdivisions and Streets & Utilities Subcommittee for recommendations. This Committee meets once a month, when required. The City will supply the applicant with minutes of the Subcommittee. 4. Following the Plats & Subs Committee recommendation of approval, the owner must then obtain a Certificate of Survey on the original parcel or parcels along with the new parcels created with all existing structures tied in. 5. The Certificate of Survey should then contain a simple description of a part of a platted lot or registered lot and be filed with the Engineering Department for Planning Commission recommendations. The Planning Commission meets on the second and fourth Thursday of the n.onth. The City will supply the applicant with minutes of the Planning Commission. 6. The recommendations of the Planning Commission are submitted to the City Council for final action. The Council meets on the first and third Monday of the month. s 7. The City Council approval may be subject to certain stipulations which must be complied with by the applicant. a 8. A letter will be sent to the applicant to notify him- of the Council action and to advise him to- comply with the conditions imposed by the City. The letter will also contain any necessary deeds for easements and other pertinent papers for his signature. 9. When all the conditions of the lot split have been complied with, the applicant � should file the lot split in Anoka County. I 10. In all cases where Council action has been sought and denied, no petition for identical action can be presented until a period of six months has elapsed. •� i NOTE: THE RESULTING REAL ESTATE TAXES AND SPECIAL ASSESSMENTS FOR TIE NEW PARCELS IN TOTAL AFTER THE LOT SPLIT, MA-Y EXC 'u THE AMOUNT ASSESSED TO THE ORIGINAL PARCEL. THE FINANCE DEPARTMEETT OF FRIDLEY 14AY BE ABLE TO PROVIDE THE ESTI12ATED AMOUNT OF ADDITIONAL TAXES OR ASSESSM TTS. i I CorpamUan to Joint Temmt& avaa" acv. .is. ora. Minnesota Uniform Conveyancing Blanks (Revised 1974) t3inbenture, 31ade this.............30th....................................day of.....AeQember......... 19.7..7...., � between..........Q y....Q.f....FXIAfey......a,..mua:igipal...C4.rp4Ka.tlQ.rx................................. ... amaaparakiomcunder the laws of the State of.........i`:L?:nneso.t.................._, .................., party of the first part, and ............................Jacob P. Wiens and Emma D. Wiens.�...husband and wife.t...::.:..::.:........................................................... ........................ ....................I........ ... ..............................................................................................................................-....................................................................................................... of the County of................Anoka....................................................and State of.........Minnesota........................... parties of the second part, WitntlZetb, That the said party of the first part, in consideration of the suns,of.............................. One..Dollar (51.00) and other good and valuable consideration--------------- oRaw ...... ... . . . . . . ...... . . . .. . . ..................................................................................... to it in hand paid by the said parties of the second part, the receipt whereof is hereby acknowledged, does hereby Grant, Bargain, Quit-claim, and Convey unto the said parties of the second part as joint tenants and not as tenants in common, their assigns, the survivor of said parties, and:the heirs and assigns of the survivor, Forever, all the tract.........or parcel.........of land lying and being in the County of....................................... ................AaAka,.........................................and State of JUnnesota, described as follows, to-wit: The South 5 feet of the East 180 feet of the West 210 feet of Lot 45, Auditors Subdivi- sion No. 92, Section 24, Township 30, Range 24. J n ' F . 140--6-T_T9 DEEP-T-Anvic-IU&�- j To Jbabe anb to Jbolb the dame, Together with all the hereditaments and appurtenances thereunto belonging or in anywise appertaining, to the said part..ies............of the second part, their assigns, the sur- vivor of said parties and the, heirs and assigns of the survivor, Forever, the said parties of the second part taking as joint tenants and not as tenants in conwnon. In Tegtimonp MbCred, The said first party has caused these + presents to be executed in its corporate name by its............i`t.4.y.Qr......... YQXKffdM and its......j tY...QP,.. k.....................and its corporate seal to be hereunto affixed the day and year first above written. i CITY OF FRIDLEY .................................................. ....................................................................... BY....1r Its....Mayor...............XKi9WdW2XX Its......Ci tY....Clerk.............................. No.1520—Bill of Sale(Revised 1950) MILLER-DAVIV CO..MINNEAPOLIS BILL OF SALE Una) 211 Alen by tbefie .Vre!gent!g, That.............................................................................................................. Jacob P. Wiens and Emma D. Wiens, husband and wife.,........................................................................................ ............................................................................................................................................................... ies of the Count of..................Anoka ..............................................................and State, of......n��p��ota ................I................................ of the first part, in consideration of the, sum of....9 ....D.o.1.1.a.r....($1.00)....and...other...good...a.nd...valuable consideration------------ ----- - ............................ ..................................................................................................... -------------- them by.. ...Pity...pf... ......A...;Wp�apAj...gqKporation under the laws to....................................in hand paid .. ...... .................................................................... of the State of Min .......................................I.........I............... ..................:.......................................................................:................I........................................................ '41X c� ........................I.......I........I..................................................... part.1...of the second part, the receipt- whereof-is hereby acknowled_ded, do.....:... hereby Grant, Bargain, its successors Sell and Convey unto the, part...Y...... of the second part, ..... and assigns, forever,the following described Goods;Chattels and Personal Property,to-wit: A 12 foot by 20 foot wooden shed; said- shed is located,as follows:. The Southwest corner of said shed is -approximately 6.5 feet North and approximately -12 feet East of the Northeast corner of the West 210 feet of Lot 49, Auditors Subdivision No.. 92, Section. 24, Township- 30.,, Range 24, Anoka -County,. buntesota. its successors To)babe nub to Jbolb the dame, Unto the said party....... of the second part. .....XYQ wand assigns, Forever. Ind the said part............ of the first part fort yi em their heirs, execu- tors and administrators, covenant...... and agree...... to and with, the said party.................... of. the second part, it su ce sors . I ......�.I.......... WWWWW and assigns that ..t h..ey... .............. the lawful owner of said Goods,. Chattels and Personal Property, and good right to sell the same as aforesaid; that the same OTe free from all incumbrances, and the said part.. es.. of the, first part will warrant and defend the, Sale of said q(Lqg1ss4@S4hq&r§nd ti Personal Property hereby made unto the said part..Y....... of the second part, ...... )no=and assigns, against all and every person and persons whomsoever, lawfully claiming or to claim the whole or any part thereof,subject to incumbrances, if any, hereinbefore mentioned. 3n Teotlmonp ,Mhereof, The said part.Pe§!..of the first part ha.ye.....hereunto set........their ....................................... hand..S..this...............30th....................................dayof ...December 19....77. ............................................................... ........ In Presence,of ........... ................ ...................... ................................................................................................................ .................................................................................................................. ................................................................................................................. .......................... ............................................................................... I I &tate of............MINNESOTA...................................... Countyof.............ANOKA.........................I........................ ss. i On this...............30th ...day of.......December.........................................,.F1. D. 19........., before me, a ......................... Notary Public ...................within and for said County, personally appeared I ...JaG.Qb...P...:..47e. s. az�a...E . ...D......[7iens......husband....and...wad.e.,....:........................................................:........................... ' ................................................................................................................................................................................................................................................I........... to me known to be the pei,son..s. described in and who executed the foregoing instrument, and acknow- ledged that....the.Y.........executed the same as...their......_...............free act and deed~ rbc t THIS INSTRUMENT WAS DRAFTED BY: Weaver, Talle & Herrick ........................................................................................................................ 6279 University Avenue NE ! Fridley, Minnesota 55432 My commission expires-............................................................. 19............ �iHrt'JA�diM�ldr`d"A'bPe'�I�BOEAC�C 0�0� t CLYDE V. MORAVE"fZ 11 c. F.. NOTARY PUeM — MINNESOTA ANOKA COUNTY f My Commission Expires Dec.20,1980 I I I ! 1 I 3 i i M co. ,a •f yf I f s ; { ; ! _o xba i ° °o { j o woo. Cd + N 4- 0 cd! I C4 E-4 �� I ! •� .� It 0 14 �.r 44 01 ` 44 14 4-1 ca1-4 Cd 010 0 fioc� v� a ! � o ( o0 0c3vs !3 sa � I w Iy 1� I ' Telephone 561.2505 46 CNERRiER LINTER & ASSOCIATES INC. REGISTERED PROFESSIONAL a LAND SURVEYORS SUITE 306 VILLAGE NORTH PROFESSIONAL BLDG. 7420 UNITY AVENUE NORTH BROOKLYN PARK.MINNESOTA 55443 Certificate of !Survey PROPERTY OF Frank Voth des b•Q as fol loparcel No. 1 ; The south 80 feet of the west 210 feet of Vriet 49, Auditwsors Subdivision No. 92 Anoka County, Minnesota, Subject - to an easement for road purposes over the west 30 feet thereof. Said south 80 feet being measured along west line of said Lot 49. N 60 I 1Y1017ZII /%7e O r .�OUf/1 Ong tea/ ral \ ll t r i T So _30 d ti � c / 47Z 0,61 Loi ,7 h I hereby certify that this survey, plan, or report was prepared by me or Scale: I inch equals 'X0 feet under my direct supervision and that I am a duly Registered Land Surveyor • - Indicates Iron Maw"nt Set under the laws of the State ,o(fjMinh0 of a 0 - Indicaftts Iron MoRvnlNnt Found /' r� Book Pam .... ..Jolt I�le. ...>�.�..::....... Date / ��'�7w Rug No I Telephone 5§.t505 - d CHERRIER WINTER & ASSOCIATES INC. _ REGISTERED PROFESSIONAL a LAND SURVEYORS SUITE 306 VILLAGE NORTH PROFESSIONAL BLDG. 7420 UNITY AVENUE NORTH BROOKLYN PARK, MINNESOTA 55443 Certificate ®f !Survey PROPERTY OF Frank Voth described as follows - Parcel No. 2t The north 80 feet of the south 160 feet of the west 210 feet of Lot 499 Auditors Subdivision No. 92, Anoka County, Minnesota. Subject to an easement for raod purposes over the west 30 feet thereof. Said south 160 feet being measured along the west line of said Lot 49. �o A/ S' 30 X� I hereby certify that this survey, plan, or report was prepared by me or Scale : I inch equals...,4-o feet under my direct supervision and that I am a duly Registered Land Surveyor A - Indicates Iron Momonerit Set under the laws of the State of M�nne,ot O - Indicates Iran Moiw~t FawW Book page Date ��'� Rag No �n'�¢ Telephone 557• CHERRIE? WINTER & ASSOCIATES INC. REGISTERED PROFESSIONAL a LAND SURVEYORS SUITE 3(6F VILLAGE NORTH PROFESSIONAL B{ DG.` 7420 UNITY AVENUE NORTH BROOKLYN PARK, MINNESOTA 55"3 er i cat le cD f Su rvq=, PROPERTY OF Frank Voth described as follows - Parcel No. 3: The west 210 feet of Lot 49, excevt the south 160 feet thereof, Auditors Subdivision No. 929 Anoka County, Minnesota. Subject to an easement for raod purposes over the west 30 _ feet thereof. Said south 160 feet being measured along the west line of said Lot 49. t i1 /90.0�0 X 26 S M NJ— 'd Eta!�5;el- J I hereby certify that this survey, plan, or report was prepared by me or Scale : I inch eyuols feet ................ under my direct supervision and that 1 om a duly Registered fond Survsyor e – Indicates Iron k*xws+1 Sat under the laws of the State of blinneLoto - O – {ndita�as Iran Ibiowv~l fo+rTil exalt Pave .... .J651 tip: ....:. ........... Date M o 10 Iu0 TH -A 'Arl VE It .77 1 ...40 n 71 t wt/or 10 5965 ts4t ls7o 0o i5qtj E VES ��, .��, f., ; VAN C s9� 7=o) t Q 1 w: 16 SI HILL 95 j A tee,. o.d'�` z '�►'�' 30 • /rs.� 5b 1568 164 �. •.,.. �oZ 22 24 25 . O a'.l YdsoJv I+ k sy 1b3$ a 1pb1 ►565 15 3 x 1601 �Q31 1633 �i6,1.' ib5t '..tiQ lnrw+ty ./� >r cR �:. A . • v -mak, m.- A .w �469� j495 s�� 'lS �ISbl1 a� �s �y� I6Z4 itc PLL�.� '.�zd.,t iK� M D' 5� 7�•:✓1 f<arc�! '®4O 446 ALV 3, 494 28 i. �3 'C 3 3F . f,• � 590 _ 33 �' p r 42'/gA : r �. 0 1 58`76 2 N /I � +'�1y,+Gl!E/isy.�Ir ,�ss.�o 5864 `t a ... a. (� 4 5 IMP jji AW NL st 52 ' 150 Y ` /i�li�f$ UQ�•..,,,�.: V/LLA SEC. t4 Ap ROLAND W. ANDEftSOW •rd�rer� excscf wrls� s.->r..�>..�d. COUNTY -SURVEYOR Planning Commission Meeting - September 22, 1976 Page 19 and the owner of Parcel B ought to therefore testify in writing that she agrees to the shrinking of that property. Mr. Madsen said he hadn't known it was necessary to have her signature, but he would get it. Mr. Madsen asked if it was any concern of the Planning Commission or the City Council the amount of funds that would exchange hands. Chairperson Harris explained that in Minnesota it would be necessary to give Mrs. Murphy a dollar and other valuable considerations to make it legal and binding, but it was no concern of the Planning Commission or Council how much money exchanged hands. MOTION by Shy, seconded by Schnabel, that the Planning Commission recommend to Council approval of Lot Split Request L.S. -h76-06, by Everett Madsen: Split Lots 9 and 10, Block 4, Rice Creek Plaza North Addition, so the new property line runs at an angle 6.10 feet from the existing Northwesterly corner of Lot 10, to 36 feet northeasterly of the Westerly line of Lot 9, as per survey of record with the City, Parcel A describing the new lot line for Block 10, 246 Rice Creek Blvd. N.E., and Parcel B describing the new lot line for Block 9, 250 Rice Creek Blvd. , N.E., with the stipulation that Mr. Madsen obtain a written statement from Mrs. Murphy stating this is a mutually agreeable situation. Upon a voice vote, all voting aye, the motion carried unanimously. 6. LUT SPLIT REQUEST: L.S. '76-07 BY FRANK BOTH: Split the ;Jest 210 feet ,uf Lota, Auditor's Subdi� n No. 9,intothree parte: s as follows: Parcel. 1 (5801 Arthur Street N.E.) The South 80 feet of the ',,Jest 2101 : Parcel 2 (5905 Arthur Street N.E.) The ,forth 80 feet of the South 120 feet of the West 210 feet: Parcel 3 (5809 Arthur Street N.E.) The West . 2.10 feet of Lot 49, except the South 160 feet thereof: all measured along the West line of said Lot 49, and all parcels subject to an easement for road purposes over the West 30 feet. Mr. Frank Voth was present. Mr. Leek stated that Staff had no problem with the lot split itself, but felt there were two considerations. He said that Staff felt perhaps this should go to the Parks and Recreation Commission as currently the garage on Parcel. #3 was two feet on park property, and also, there was a road easement of 20' going through the middle of that garage. IIe added this was all zoned R-1. Mr. Voth stated that Mr. and Mrs. Jacob Wiens had lived on Vile property since 1940, and they would like i.o be able to straighten out the matter of the gargage and the lot split. However, he said, at the current time they had Mr. Wiens' abstract being continued Anoka Title, and added that wasn't done for many years. He showed the Commissioners on the survey where Mr. Wiens' property was, and which property was now being dedicated by Darrel Farr as park property. Mr. Voth stated that he would like to take care of the matter of the lot split first as he wished to build a house this fall, and would immediately thereafter take care of the other matter at a later date following any recommendations from Council. Chairperson Harris commented that the lot sizes appeared to be more than adequate, and asked if there was any necessity for drainage or utility easements. Mr. Voth Planning Commission Meeting - September 22, 1976 Page 20 replied that services were in and power lines were up. Mr. Bergman stated that he was of the impression that the intent here was to establish Parcels one and two for building purposes, and that these parcels were on the East side of Arthur Street; the garage infringement was on the wildlife center; and the park dedication from Darrel Farr was on the East end of the property. Mr. Voth said that was correct. Mr. Harris asked if access would be off of Arthur Street, and Mr. Voth replied that was correct. Mr. Bergman asked Mr. Voth if he had been talking to City Administration with regard to the right-of-way and the infringement, and Mr. Voth answered he had. Mr. Leek said that actually there were three considerations, the third being the minor consideration of the shed. Mr. Voth explained that :"Ir. Wiens did not use the shed, but did keep up the maintenance on it.i.n order to keep up the appearance, even though it was not on his property. Mr. Bergman asked if it was Mr. Vot.h's intention to get back to Darrel Clark regarding alternatives for the two considerations, and Mr. Voth said he would. Mrs. Schnabel asked who owned lot 45 to the North, and Mr. Voth replied that was park area. MOTION by Bergman, seconded by Langenfeld, that the Planning Commission recommend to City Council approval of Lot Split Request L.S. #76-07 by Frank J. Voth: Split the West 210 feet of Lot 49, Auditor's Subdivision No. 49, into three parcels as follows: Parcel 1 (5801 Arthur Street N.E.) The South 80 feet of the ;vest 2101 : Parcl 2 (5805 Arthur Street N.E.) The North 80 feet of the South 120 feet of the West 210 feet: Parcel 3 (5809 Arthur Street N.E.) The West 210 feet of Lot 49, except the South 160 feet thereof: all measured along the West lire of said Lot 1:9, and all parcels subject to an easement. for road purposes over the ,-lest 30 feet, and requesting of Mr. Voth continued communication with' City Administration concerning two somewhat related elements: 1) right-of-way, and 2) infringement on park property. Upon a voice vote, all voting aye, the motion carried unanimously. MOTION by Bergman, seconded by Langenfeld, that the Planning Commission direct I the encroachment of the garage on Parcel #3 to the Parks and Recreation Commission. A Upon a voice vote, all voting aye, the motion carried unanimously. Chairperson Harris declared a recess at 11:50 P.M. and reconvened the meeting at 12:10 A.M. 7. NIRITTEN SURVEY POLICY Mrs. Shea noted that this was the same information that had been received at the last meeting, and the Commission had just requested that it be made into written policy. MOTION by Langenfeld, seconded by Shea, that the Planning Commission concur with the Administrative Policy on Survey Requirements as written. Upon a voice vote, all voting aye, the motion carried unanimously. f 160 REGULAR COUNCIL MEETING OF OCTOBER 4, 1976 PAGE 3 DISCUSSION REGARDING POSSIBLE MEETING OF CITY COUNCIL WITH DISTRICT NO. 14 SCHOOL BOARD TO DISCUSS ITEMS OF COOPERATION AND COf—iMN TNTEREST: i Mr. Qureshi, City Manager, stated that there were a number of areas whereby they are cooperating with the school board and school administration and perhaps a meeting of the City Council and school board to explore the areas of further cooperation and future policy direction would be helpful. Councilwoman Kukowski then suggested a meeting date sometime in November. Councilman Fitzpatrick stated the meeting dates of November 4th and 18th would be acceptable. MOTION by Councilman Fitzpatrick directing the City Manager to forward the letter to j Chairman Sangster of the School Board. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 2.2, 1976: E. R. SWANSON; ZOA #76-03, 73RD AVENUE & CENTRAL: MOTION by Councilman Starwalt to set the matter for Public Hearing on November 8, 1976. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CENTRAL TOWNHOUSE ADDITION; P.S. #76-08, E. SWANSON AND TOWNHOUSE DEVELOPMENT PLANS, T. #76-03: MOTION by Councilman Starwalt to set the matter for Public Hearing on November 8, 1976. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. E. MADSEN; L.S. #76-06, 246 RICE CREEK BLVD. : ! fir. Sobiech, Public Works Director, stated that this was a request by fir. Madsen to split existing parcels of property at 250 Rice Creek Boulevard. lie further pointed out that the reason for the request for the lot split is to better describe the property line in its relation to some existing dwellings. The Planning Commission recommended approval of the lot split request with the stipulation that an agreement be provided by the property owner. fir. Sobiech then asked if there was a representative present, and Mr. Madsen stated that he had nothing further to add -- only that it is a mutually agreeable situation between Mrs. Murphy and himself. MOTION by Councilman Hamernik to approve the lot split. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, flayor Nee declared the motion carried unanimously. F. J. VOT L.S. #76-07, 5801 , 5805-5809 ARTHUR STREETS: Mr. Sobiech, Public Works Director, stated that this was a request for a lot split to portion off a large parcel of property in three building sites, and the Planning Commission did recommend approval. MOTION by Councilman Starwalt to approve the lot split, allow the building permit on lot two and after he works with the property owner and prospective buyer to resolve: (1) the garage encroachment, (2) the 20 foot street easement, and (3) the ownership of the shed on park property, then allow the permit on lot one. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion ' carried unanimously. CONSIDERATION OF APPEALS COMMISSION MINUTES OF SEPTEMBER 15, 1976: M. MAYER; 7431-7433 ABLE STREET: i MOTION by Councilman Hamernik to concur with the recommendation of the Appeals Commission and grant the variance. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Starwalt to receive the minutes of the Planning Commission meeting of September 22, 1976. Seconded by Councilwoman Kukowski. Unon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. I REGULAR COUNCIL MEETING OF OCTOBER 4, 1976 PAGE 4 CONSIDERATION OF ACQUIRING TAX FORFEIT PROPERTY ADJOINING NORTH INNSBRUCK PARK AND TRANSFERRING PARK. PROPERTY ALONG RICE CREEK EAST OF CENTRAL TO ANOKA COUNTY: f I Mr. Qureshi, City Manager, stated that on the proposal for the property that is east of Central along Rice Creek, basically the amount the City is asking the County to pay for is what the City's cost for the property is, which works out to be $9,062.79. Also, I on the acquisition of tax forfeit properties next to Innsbruck North Park, the proposal is to acquire all the property except only acquire 12 feet access easement on Lot 1, Block 1, Carl Peterson Addition. Councilman Starwalt indicated maybe we should acquire that lot also and then later make a determination to sell portions of Lot 1, Block 1, Carl Peterson Addition, also Lot i 42, Auditors Subdivision #92, and also acquire all these lots outright so that any of these properties can be sold, especially these two lots. Mr. Qureshi indicated that once the property is acquired, there might be some resistance from the people to sell these properties because they would think the City was disposing of some park property, even though the City is buying these properties with the intention of selling it, and this route might be financially better for the City to follow. MOTION by Councilman Starwalt to approve the Memorandum of Understanding with the addition of Lot 1 , Block 1, Carl Peterson Addition, and the amendment of the ass.essment figure to $9,318.82. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF AN AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES AND THE CITY FOR THE INSTALLATION OF AN ARTIFICIAL AERATION SYSTEM AND A FISHING PIER AT MOORS LAKE: MOTION by Councilman Starwalt to approve the agreement. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Mee declared the motion carried unanimously. CONSIDERATION OF A REQUEST FOR FUNDS TO SUPPORT THE NORTH SUBURBAN FAMILY SERVICE CENTER: MOTION by Councilwoman Kukowski to table the matter until the next meeting. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF REQUEST BY COUNCILMEMBERS KUKOWSKI AND HAMERNIK TO ATTEND THE NATIONAL LEAGUE OF CITIES 1976 CONGRESS IN DENVER, COLORADO, NOVEMBER 28 - DECEMBER 1 , 1976: MOTION by Councilman Fitzpatrick to approve the attendance of both c6uncilmembers `at the conference. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION NO. 104-1976 - SETTING AN ELECTION FOR COUNCILMEMBER - WARD II: MOTION by Councilman Fit,patrick to adopt Resolution No. 104-1976. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION NO. 105-1976 - DESIGNATING POLLING PLACES AND APPOINTING ELECTION JUDGES FOR THE NOVEMBER 2, 1976 GENERAL ELECTION: MOTION by Councilman Starwalt to adopt Resolution No. 105-1976. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried ; unanimously. i r MOTION by Councilman Starwalt to amend the pay for election judges to $3 for head judges and $2.50 for regular judges. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION NO. 106-1976 - APPROVING MHD FINAL CONSTRUCTION PLANS FOR TRAFFIC NOISE ATTENUATORS; I.694 FROM MAIN STREET TO 7TH STREET: MOTION by Councilman Fitzpatrick to adopt Resolution No. 106-1976. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye,. Mayor Nee declared the motion carried unanimously. } i 264 REGULAR MEETING OF JANUARY 9, 1978 PAGE 2 selected the Islands of Peace to receive the proceeds this year from their fund drive. Mr. Wilmes stated this fund drive will be held in February at the Anoka-Ramsey Community College. He indicated he will be meeting individually with the different Mrs. Jaycee organizations in the County and will try to give assistance in this fund drive. Mr. Wilmes stated in recent weeks they have been meeting with various groups regarding assistance in order to obtain matching funds to get the grant from the State. Councilman Schneider questioned if the $700 had come from Prudential. Mr. Wilmes stated they received $1 ,000 from Prudential , with $700 being used to repay the City and $300 will be used for brochures and publicity. Mayor Nee asked if Mr. Wilmes knew the anticipated amount the Islands of Peace would be receiving from the Mrs. Jaycee's fund drive. Mr. Wilmes felt about $2,000 would be raised. Mr. Brunsell, City Clerk, questioned if the Council wished this item brought back to them at another date, since the Islands of Peace fund would still be in the red. Mayor Nee suggested perhaps a period of 90 days when it could be brought back. Councilman Hamernik felt the City does have a contract and that some guidelines should be established regarding the financial status of the Islands of Peace Foundation. Mayor Nee stated, if they get the special legislation with the plan drawn for the matching funds, he felt the problem could pretty well be resolved as far as the land goes. Mr. Langenfeld felt it would be best at this time to wait for replies from the State regarding the grant. He indicated there has been discussion by the Board of the Islands of Peace Foundation to appoint a finance individual to have better communica- tions between the Foundation and the Council. He indicated he would keep the Council advised in this regard. No further action was taken on this at this time. NEW BUSINESS: CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR SALE OF REAL ESTATE: Mr. Sobiech, Public Works Director, explained this ordinance would authorize the sale and signing of the necessary contracts and deeds for the sale. Mr. Sobiech stated this sale would make the garage legal within the existing property and the ' V _1 City would then take over ownership of the shed. O!� MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF AN ORDINANCE TO CONTROL UNNECESSARY ENGINE NOISE AND TIRE SQUEAL: Mr. Brunsell , City Clerk, stated a report was submitted to Council from Mr. James Hill, Public Safety Director, regarding this item. Three alternatives Mr. Hill felt should be considered at this time regarding such an ordinance were as follows: (1 ) No further consideration of establishing an ordinance and relying on existing State Statutes to cover the majority of cases; (2) adoption of the draft ordinance on prohibiting unreasonable noise or acceleration which would be similar to other communities; or (3) directing staff to do research in developing an ordinance that has specific standards in the subject matter to guide law enforcement personnel. Councilman Schneider questioned the need for such an ordinance of this type and if the City is covered by the State Statutes. Mr. Herrick, City Attorney, indicated he had some reservations about the ordinance when it first came before Council. He felt it would be a difficult ordinance to enforce since it requires a judgement decision on the part of the police officer. He felt, from the standpoint of obtaining a conviction, it was difficult to handle. Mayor Nee stated he gathered from Mr. Hill's memo there were sufficient laws, unless the City wanted to redefine a number of things. 263 . THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JANUARY 9, 1978 I I The Regular Meeting of the Fridley City Council was called to order at 7:30 p.m. by Mayor Nee. i i PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: i MEMBERS PRESENT: Mayor Nee, Councilman Barnette, Councilman Schneider, Councilman Hamernik and Councilman Fitzpatrick MEMBERS ABSENT: None i APPROVAL OF MINUTES: PUBLIC HEARING MEETING, DECEMBER 12, 1977: MOTION by Councilman Hamernik to approve .the minutes as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REGULAR MEETING, DECEMBER 19, 1977: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the i motion carried unanimously. I ADMINISTRATION OF OATH OF OFFICE TO ELECTED OFFICIALS: City Clerk Marvin Brunsell issued the Oath of Office to Mayor William Nee and Council- man-at-large Robert Barnette. i - As Councilman Barnette was a new member of the Council , Mayor Nee asked if he had any comments he wished to make. i Councilman Barnette indicated he was very pleased and humble to represent the City I of Fridley. He stated he had lived in Fridley a long time and accepted the challenge gratefully. ADOPTION OF AGENDA: Councilman Schneider requested an item be added to consider a resolution to request Boccie Ball Sets from the League of Cities. i Mayor Nee requested an item be added to discuss Central Dispatching and an item re- garding Disposition of Donation to the Teen Center by the AM Vets. MOTION by Councilman Hamernik to adopt the agenda with the above amendments. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. i OPEN FORUM, VISITORS: i Mr. Pat Buckley, 54 Locke Lake Road, appeared before the Council regarding the or- ganization of a Humane Society for Anoka County. Mr. Buckley also spoke in favor of contracting with Blaine Midway All Pets, Inc. for animal control services. Since this was one of the agenda items, Mayor Nee asked him to comment further when the matter came before Council. OLD BUSINESS: ADVANCE OF $1,180 TO ISLANDS OF PEACE FOUNDATION (TABLED NOVEMBER 21 , 1977): i Mr. Jim Langenfeld, representing the Islands of Peace Foundation, presented the Council with a check in the amount of $700 in payment due the City. Mr. Ed Wilmes of the Islands of Peace Foundation stated the Anoka County Mrs. Jaycee's I 'L 4 283 REGULAR MEETING OF JANUARY 23, 1978 PAGE 2 j OLD BUSINESS: CONSIDERATION OF RECEIVING BIDS AND AWARDING CONTRACT FOR ANIMAL CONTROL SER- VICE TBIDS OPENED DECEMBER 22—, -19-77T- Councilman 2, 1977 Councilman Barnette stated he has talked with Pat Buckley regarding this item and asked him for his comments. Pat Buckley stated he is in the process of talking with the Police Chiefs and getting their ideas regarding a Humane Society for Anoka County. He felt, if such a Society was organized, it would be beneficial to have the. contract for animal control services given to Blaine Midway, as it is located in Anoka County. i MOTION by Councilman Hamernik to receive the bids as follows and award the bid to MAPSI for animal control services for 1978. Seconded by Councilman Schneider. Blaine Midway, All Pets Inc. MAPSI VENDER AND ADDRESS: 10911 Raddison Rd. 506 11th Ave. No. Blaine, MN 55434 Mpls. , MN 55411 i BID BOND OR PER- 5% of Bid - Auto Owners Ins. Co., $500.00 Money Order-- FORMANCE BOND Lansing, Michigan Northeast State Bank PRICE PER HOUR PER AMBULANCE (#12-A in SPECS) $9.50 9,25 PRICE FOR EACH 24 HOURS OR FRACTION (#12-B IN SPECS) 3.00 3.00 PRICE PER EACH ANIMAL (#12-C in SPECS) No Charge 5.00 PRICE PER CALL (#12-D in SPECS) 9.50 10.00 PRICE PER HOUR PER AM- j BULANCE (#12-E IN SPECS) 9.50 10.00 ` COMMENTS � Livestock i 12.50 ; j I ! Mr. Bill Gordon, representing MAPSI, stated he was in attendance to answer any questions the Council may have regarding their services. Mr. Jim Hill, Public Works Director, stated he talked with Chief Anderson of Columbia Heights and they have Blaine Midway for their animal control services. Mr. Hill stated he felt either organization, MAPSI or Blaine Midway, would serve the City equally well. He pointed out that Blaine Midway operates on an on- call basis and MAPSI on the patrol basis. Mr. Hill felt, however, the City 1 should not change from the philosophy of having the patrol service. He stated there were 663 animal complaints for the City for 1977 and since the first part of this year, they have received 30 complaints, despite the cold weather. i Mr. Hill felt the matter of a Humane Society was not germane to the issue re- garding the bid and stated there are certain procedures to be followed, according to State statute, in organizing a Humane Society. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. ORDINANCE NO. 668 FOR SALE OF REAL ESTATE: MOTION by Councilman Schneider to waive the second reading of Ordinance No. 668 and adopt it on the second reading and publish. Seconded by Councilman Fitz- patrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. I I j I ' THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JANUARY 23, 1978 The Regular Meeting of the Fridley City Council was called to order at 7:30 p.m. i by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: {I � MEMBERS PRESENT: Councilman Barnette, Councilman Schneider, Mayor Nee, Councilman Hamernik and Councilman Fitzpatrick MEMBERS ABSENT: None APPROVAL OF MINUTES: i REGULAR MEETING, JANUARY 9, 1978: Councilman Schneider requested a correction on Page 3, the fourth paragraph from the bottom of the page by changing the word "Council" to "General" and adding the words "as budgeted" after the word "fund". MOTION by Councilman Schneider to approve the minutes as amended. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. j I PRESENTATION OF AWARDS: CERTIFICATE OF APPRECIATION: W.R. (WALT) STARWALT - SUBURBAN RATE AUTHORITY: Mayor Nee stated a certificate of appreciation was to be presented to Mr. Walt Starwalt for his services on the Suburban Rate Authority, however, he was un- able to attend the meeting and requested this certificate be forwarded to him. 1 RECEIVING CERTIFICATE OF CONFORMANCE FOR 1976 FINANCIAL STATEMENTS: )` AND ACCOUNTING ACHIEVEMENT AWARD TO MARVIN BRUNSELL: Mr. Lyle Haney, State Chairman of the Municipal Finance Officers Association, appeared before the Council to present a Certificate of Conformance for 1976 Financial Statements. He stated this certificate is the highest recognition available for financial recording in municipalities and that the City's financial statements for 1976 have met the high standards in order to receive this certificate. Mayor Nee extended congratulations to Mr. Brunsell and the City Manager for earning this certificate. Mr. Haney also presented Mary Brunsell with an award for financial achievement. He stated this distinction has been earned only 14 times in the State of Minn- esota and it was a great honor to make this presentation. Mr. Brunsell extended thanks to his staff for their help and stated he apprec- iated the Municipal Finance Officers Association and the Certified Public Accountants providing the funds to set standards so that cities can strive to meet these. Mayor Nee thanked Mr. Haney for coming this evening and making the presenta- tions. ADOPTION OF AGENDA: %. MOTION by Councilman Hamernik to adopt the agenda as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. i I j i ORDINANCE NO. 668 AN ORDINANCE RELATING TO TME SALE OI' REAL ESTATE OWNED BY THE CITY The Council of the City of Fridley does ordain as follows: SECTION 1. The City of Fridley is the fee owner of the tract of land within the City of Fridley, Anoka County, State of Minnesota described as follows: The South 5 feet of the East 180 feet of the West 210 feet of Lot 45, Auditor's Subdivision No. 92, Section 24, Township 30, Range 24. SECTION 2. It is hereby determined by the Council that the City no longer has any reason to continue to own said property and the Council is hereby authorized to sell or enter into a contract to sell said property. SECTION 3. The Mayor and City Clerk are hereby authorized to sign the necessary contracts and deeds to effect the sale of the above described real estate. PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 23rd DAY OF January 1978. MAYOR - WILLIAM J. NEE ATTEST: CITY CLERK - MARVIN C. BRUNSELL First Reading: January 9, 1978 Second Reading: January 23, 1978 Publish. . . . . . . : February 1, 1978 1 i 1 i i 1 t i P i r 1 t CITY OF FRIDLEY ;zY 6431 UNIVERSITY AVENUE N. E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571 -3450 October 12, 1976 CITY COUNCIL ACTION TAKEN NOTICE Frank J. Voth ;5 6700-Plaza -Curve N.E. Minneapolis, Mn 55432 L.S. #76-07 Lot Split on Lot 49 A.S. #49 On October 4, 1976 the Fridley City Council officially approved yot,r request fc,-T__Lot split with the stipulations listed below. Please reviel-r the noted stipulations, sign the statement below, and return one copy to the City of Fridley. If you have any questions regarding the above action, please call the Cori.,,uni ty Deve l orr;ent Office at 571-04.50. Sincerely, P,r�OLD L. BOAU SAN CITY PLANNER JLB/de Stipulations: There are certain things the property owners Mr. & Mrs. Jacob Wiens have to do about the encroachment on park property, but this does not affect the splitting of the balance of the lot. Concur with action taken. ? Z V � sb ^2