08/14/1967 - 59071
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COUNCIL SBCRETARY - MARY LU STROM
SPECIAL PUBLIC I�ARING MEETING -
AGENDA - AUGUST 14, 1967
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' SPECIAL PUBLIC HEARING I��ETTNG �GENDA ° AUGUST 14, 1967 -- 8:00 P.id.
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PLEDGE OF ALLEGIANCE: 2 minutes
' CALL• 2 minutes
, ROLL
' ADOPTION OF AGEND�: 2 minutes
PUBLIC HEARINGS•
' 'c earin on Rezonin - Lots l- 6, Block-1,
1. Publz H g g
Carlson's Summit Manor Annex 2nd Addition,
, 20 minutes
2.' Public Hearing on 1967 Service Conn°ctions, 20
� minutes
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(8:46 P.M.)
OLD BUSINESS• . ,
' 3. Special Use Permit - Miller Funeral Home, 10
minutes �
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ADJCIURN . ' ( 8: 5 6 P. M. )
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page l.
Pages 2 & 3.
Pages 4 - l�-
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OF'F'ICIAL VOTICE
CITY OF FRIDLEY
F'[TBLIC H.�ARING
IiEFORE THE
CITY COUNCIL
TO WHOM IT 1�1AY C ONC r'�N :
' Notice is hereby given that there will be a Public Hearing
of the Cit�r Council of the City of rridley in +he City Hall at 6431
IIniversity Avenue N.E. on A�zgust 1¢, 19n7 at 8:OG P.M. in Lhe
Council Chamber for the �urpose of:
Consideration of a request by S. & S. Investment Compatiny
(70A #67-04) to rezone the followirg desc��ibed parcel:
Lots 1, 2, 3, 4, 5 and 6, Elock l, Carlson's Summit
Manor Annex 2nd Addi;:tion to rezone fron R-1 (single
family dwellings� to R-3 (general multiple family
dwellin.gs� being in the Northwesi Quarter (Nti�� of
Section 26, T-30, R-24, City of Fridley, County of
Anoka, State of Min_nesota.
Being generally located between 3rd Street and University
Avenue and North of 51st Avenue Northeast.
Anyone desirina to be heard with reference to the ab�ve matter
will be heard at this meetir.g.
Publish: July 28, 1g67
August 4, 1967
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MAYOt�
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CITY OF FRIDLEY
ANOKA COUNTY, MT_NNGSGTA
NOTICE OF tILA�ING 02 ASS�SS�iENT FOP. WATER �1�D SELdER
MAIN LATERAI�S AND SERVICE C:ONi1ECTIUNS
Notice is hereby given that the Council of the City of Fridley will meet
at the City Hall. in said City on the Z4th day of August, 1967 at 8:00 P.M.
, to hear and pass upon all objections, if any, to the propased assessments
in respect to the follo:aing iniprovement, to-wit:
1967�WATER AND SEWER MAIN LATERALS AND SERVICE CONNECTIONS
NOT HERETOFORE FURI�IISHED AND AVAILABLE
The proposed assessment roll for each of said improvements is no�a on file
and open to public inspection by all persons interested, in the office of
the Clerk of said City.
At said hearing, the Council will consider written or oral objections to
the proposed assessments for each of said improvements.
The general nature of the improvements and each of them is the construction
and furnishing of sewer main laterals and service connections and caater main
laterals and service connections in and to the proportions as follo�•�s:
Lot 33 � Auditor s Sub. ��77
Lot 13, Parcel 1950 Auditor's Sub. ��77 �
Lot 15 ' Auditor's Sub. ��77 . �
N'� of L.33 (P�rcel 2320) Auditor`s Sub. 4�129
� Lots 1-S Auditor's Sub. 4�i53
Pt.of L.11 & all 12 (Parcel 2340) Auditor's Sub. ��1�5
Lnt 1, BZock 1 Batterson Addition
S.90' of Lot 17 Clover Leaf Addition
Lots 16 & 17, Block 11 Hamiltons Addition to Mechanicsville
z,�,. � � _ r r-a-t:-s-���f ; �-�&�ee-�—� -��—g-��k,
��/�V �Q C, S-Z7 j Z�-r j 2 J � iTO� ��'I'�'r� � � .
Lot 23 & SZ of 24, Block 3 h.yde Park
N.'� of Lot 24 & all 25, B1ock 3 Hyde.Park
Lots 7& 8, Block G Riverview Heights
Lots 35,36 & W.20' of 37, Block K Riverview Heights
E.S'of L.37,a11 38,39 & W.15' of
Lot 40, B1ock K Riverview Heights
Lot� 11, Block N Riverview Heights �
Loc 12, Block N � Riverview Heights
Lots 13 & 14, Block R Riverview Heights
Lot 2, Block 1, Scherer's Addition
�,ots 4,5,6, Block 2 Spring Brook Park Addition
Lots 1,2 & 3,(Ex.E.95.5')B1ock 3 Spring Brook Park Addition
The area proposed to be assessed for said improvem�nts and each of them
is all that iand beneiited by said improvements or eacii o£ them and is the
same as those listed above. .
Pa€;e 2
N�T.ICE Ol? F�;ARING OF ASSES�ML•'�T F'OR [•,�ATER E1ND SEt•IER TIAII�, LATEI:AT,S t1I�D
SFRVICE CONi�TECTIONS ,
Said improvements will be assessed against the properties within the
above noted areas in whole or in part proportionately to each of the lands
therein contained according to the benefits received.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THr CITY OF FP.IDLEY THI� 7TH
DAY OF AUGUST 1967.
�ATTEST :
♦
CITY CLERK - Marvin_C. Brunsell
Publish: July 28 and August 4, 1967
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Anoka Union & Fridley Free Press
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MAYOR - Jack O. Kirkham
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OFFIC�AL PUBLICATIO�I
OFFICIAL NO^1 TC,E
C��Y OF FRIllLEY
PUBLIC HEA�ttSNG
BEFORE THE
CITY COUNCIL
TO Yv-HOM IT MAY CONCEF'.i�l':
NOTTCE IS HEREBX GIVEN THAT the City Council of the City of
Fridley will. meet in the Council Chartbers of the City Hall at 8:00
o'clock P.M., Monday, August 7, Z9�7 to consi�er the follacair_g matter:
A request for a Special Use Perrnit to construct
a parking lot for a�uneral hom� in an R-1 Dist-
ric� on the North 130 ieet of Lo-� l, Block l,
BrookYJiew 2nd Addition, Anoka County, Minnesota,
as per �ity Code o� r^ridley, blinnesota 1963,
Revised December 31, 1965, Chapter 45.19-2-h.
(Request by Raymond B. Gerrety, 6679 Brookview
Drive Northeast, Fridley, Minnesota 55432).
�nyone desix ing to be hea.rd with reference to the above matter
will be heard at this meeta.ng.
Publish: Jti.Zy 28, 1967
August 4, ?967
Jack O. Kirkham
MAYOR
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P.EGUI��; COUNCIL rff:ETING� SI;PIE�1T�l.:R 19, i966
ROARD OF :1PPEALS �I�ETING 1�'IINUTt:S - SEPTEMI,ER 14, 1R66;
(1) PUBLIC HGARING ON A REQUEST FOR A SPECIAL USE PERNLLT TO CONSTRUCT A __...
PARKING LOT FOR A FUNERAL HONff' IN AN R-1 DISTRICT ON THE NORTH 130 FEET OF
LOT 1, BLOCK 1, BROOk'VIEti1 2ND ADDITION, AS P�R CITY COAE OF FRIDLEY,
MINNESOTA 1963, REVISED DECE�II3�R 31, 1964, CHAPTER 45.19-2-h. (REQUEST BY
RAYMOND B. GEP.RETY,6679 BROOI:VIEW DRIVE �IOP.7'HEASTz FRIDZEY, MINNESOTA 55432 :
Mr. Schoen, 6800 Brookview Drive, Mr. B. P.Shimmon, 6810 Brookview Drive,
and Mr. M. W. Smith, 6801 Oakley Street Northeast, were present at the Council
Meeting objecting to the Special Use Permit. Mr. Smith said he was opposed
to a parking lot regardless of the type of screening used, and opposed to
the Funeral Home. Mr. Schoen said he had been at the last meeting to oppose
the parking lot and the Funeral Home. He said his back door looks-right
into the Funeral Home. It was pointed out to them that it had been a District
Court decision that allowed the funeral home in the residential zoning district.
Mr. Wallace Mi11er, Funeral Home owner, was present at the Council Meeting.
He showed the Council his plans and eAplained them. There was a long discussion
at the Council table regarding fencing. Mr. Miller was willing to fence with
poplar trees, a hedge or redwood fencing. Mr. Schoen said he could agree
with a decorative block wall, but Mr. Miller objected to this. There was
a discussion of the additional traffic and street parking. Mr. Miller agreed
that if he had the parking space, he could use portabl.e signs to encourage
�people to use his parking rather than park on the street. The objectors
and Mr. Miller could not r.each an agreement on the type of fencing.
MOTION by Councilman Wright to deny the Special Use Permit for parking until
such time as the applicant can come back with a proposal that is agreeable
to the neighbors. Councilman t�'right suggested that Mr. Miller try to get
together with nis neighbors and work this out. Seconded�by Councilman Harris.
Upon a voice vote, there being no nays, Mayor Kirkham dec.lared the motion carried.
Mrs. Gerrety asked ttie Council if •they will have to go through all the steps
again. Counc�lman Harris said that if they can get together, it can be
presented directly to the Council. rlrs. Gerrety asked if the majority did
not rule, as there were about 10 neighbors in favor of the permit. Council-
man Wright said that there has to be strang support among the close neighbors
in a residential area. Mr, Miller asked if he needed a Special Use Permit
for pa�king, or if he couldn't just use this for parking without the permit.
The City Manager said that he did need a Special Use Permit. Councilman
Wright suggested he contact his lawyer on this. Mr. Gibbs said that he could
not represent both parties, but his opinion of the City Code was that you can
park on residential property. Councilman Wright called for a point of order
and suggested that Mr. Gibbs disqualify himself from speaking on this matter
from this side of the Council table. Mr. Gibbs said that for the record he
would like to point out that they had not represented Mr. Miller in this
petition for rezoning.
Later in the Council Meeting, Mr. Gibbs said that he felt Mr. Miller went
away from the meeting faeling that he did not need a Special Use Permit.
Mr. Gibbs said that Chapter 45.19 of the City Code states that you must
have one and that he will inform Mr. Miller of this.
Mr. Paulson suggested that the ordinance be rescinded so that Funeral Homes
cannot be in residential neighborhoods. Councilman Wright pointed out that
this approval was grar:ted by the Courts. Mr. Gibbs said that a Special Use
Permit is required. Mr. Paulson said he was speaking of the ordinance that
allows the Council to do so by Special Use Permit.
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F.�,GUL,Al: CUUNCIL �IEI�;TING, AUGUS'I' 7, 1967 � PAGE 2
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' for the cost of this improveuicnC. Mayor Kirkham said thai. his fronLaoe taas
on l�fississippi Street, so hi_s prqperCy woul.d be considered si.de street, and
this <<�ou1d make a difference on how it �oi.l.J. be assessed. The City Engineer
said that the City is hoping that th�: State �ail:l bear the major cost of the
, impr.ove.�ient as it wiil be used as a service road for University Avenue, and
the City's cost shoul.d be 1/3 of the tota]_ i.rnprovement. He said that the
assessable cost �aould be $3.98 per foot. The Finance Director-said that
�rir. Brunkota's parcel tias been figured at $21.4.92. Mr. Brunkow asked if this
. was for str.eet, curb and storm sewer. The City Engineer said that this wa,s
street surfacing, curb and g�tter, and that no additional storm sewer is
' being put in aL- this time. He said they are using the existing system at
present, but this coul_d be assessabl.e in tEie future if there is a need for
it. Councilman Harris pointed out ttiat Mr. Brunkow was in a good position
as the County put in the street in front of his property, and the State �oill
' share in the cost of the side street.
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Councilman Ha.rris said that sidewalk is in on Tlississip�i Street, and he
suggested they consider sidewalk on the west side of 5th Street and the
north side of 64th Avenue for pedestrian traffic to the Civic Center, other-
wise people coming to the new library would walk on sidewalk on i�fississippi
Street and then on street tu 64�th Avenue. He as��ed the City Engineer if
this had been considered. The City Engineer said that they had received no
direction from the Council, but ix the Council wished to do this they could
figure the cost at approximately $3.00 for a 5 foot sidewalk if it is put in
with the street improvement. He said that if it is done later, it would cost
approximately $4.0O...Counc-�lman Harris said he felt this,project would not
be complete without side�aalk and would urge the Council to consider sidecaalks
on 64th Avenue and 5th Street. Mayor Y.irkham said he would agree with this
and said they could disect the City �Engi.neer to make this addition to his
plans. Councilman Samuelson said he also agreed with the sidewalks. Council-
man Liebl asked if the stre�t was going to be 44 feet wide as had been discussed,
and if the sidewalks �aould cut do�an the size of the street, The City Engineer
said that there is a 60 foot right-of-way, and if a side�aalk is put in on one
side, the road could be shifted over. It was pointed out that another hearing
would not be necessary as this 1�'otice of Hearino .listed "otn_r facilities" in
the improvemen�, wh?ch would cover the sidewalks.
MOTION by Cauncilman Harris to include as part of this hearing directions to
the Administration to include in this i�^pr o�7�ntsnt project sidewalks on the
west side of 5th Street and the north side of 64th Avenue. Seconded by Counc�l-
man San:uelson. Upon a voice vote, there being no nays, rtayor Kirkham declared
the motion carried. .
MOTIO�' by Councilman
Improvement Pro;ect
Liebl. Upon a voice
hearing closed.
Samuelson to close the Public Hearing on the Street
r� 64t;� Avenue and 5th Street. Seconded by Councilman
vote, there beino no nays, .Iayor Kirkham declared the
PUBLIC HEARING ON A SPE�L�1L USE PER��IIT - �IILLFR FU\ER.AL HO�tE:
The Acting City �tanaoer read the ;Ioti_ce of Hearing.
Mr. �iarvin Smith, 68G1 Oakley Street �lortheast, said he objected to this Specia2
Use Permit as it wou?.d be spot zuning. LIr.� Herb Schreiner, 6851 Oakley Drive
Northeast, asked how this permit w��uld confor;a to r.he City Code according to the
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xEC�tILt11: coUNCIL rII:E1'I;�'G, AUGUST 7, 1967 YAGE 3
number o£ cars all.owed for the size of the lot. He said he could go along
with the numt�er he was legally e�titled to, but no more, and he would object
on these grounds. The City Attorney said that the City Code provides tnat
R-1 can be used for parking with a Special Use Permit, and this is �•7tiat ttie
applicant is requesting. He said he did not know tEie number required based
on the si.ze of the building, but he �aould assume that the adjacent lot would
be sufficient. Nfr. Schreiner inquired about the tax burden on the entire
footage, and said there would be a loss in taxes for the City if it is turned
into a commercial area an�l away from the R-1 code. The Finance Director said
tha� Mr, Miller would be taxed on the value of his property and any improvements
to tne property.
Mrs. J. R. Ferguson, 6817. Oakley Street, said she had taken a brief survey of
the children on Oakley and had counted 45, and she �aas sure this was not the
total number. She said that the children catch the bus at all.hours on Brook-
vie��� and 6$tl� Avenue and this parking lot �aoul.d be a traffi.c hazard. She said
she also did not care to look out her family room and see funeral processions.
Councilman Harris pointed out that the land sho�an on the map as Lot 2 has
already been zoned for the funeral home use, and Mr. Miller can build on Lot 2.
The City Attorney sai.d that the question before the Courcil is whether to
permit additional par.king on t'ne next lot. Mrs. Smith said she was absolutely
against a parking lot right across the street from her home, as there will
always be banging of car doors and 'it will at�cract bicycles and even mo�orcycles.
She said they had checked to make :sure this was zoned R-1 when they had bought
their home. .
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Mr. Richard H. Schoen, 6800 Oakley Street Nor*heast, said he belie.�ed that
little by little this land is being taken away from residential zoning and it
is getting out of hand. He said he;,did not want a parking lot, and that no
one would buy his home iF one is built. Mr. Don Crispin, 6820 Oakley Streer,
voiced his objection to the parking lot.
(C�UI�CILM�,N SHERIDA,\ AP.RIVED AT 8: 34 P.M. )
Mr. Schreiner complained about the weeds in the yard. Mr. Ferguson said he
felt the same as his wife did about this being a traffic hazard for children.
Mr. Saba, 682I Oakley Street :iortheast, asked'if the roads would be lar_ge�
enough to handle 150 more cars, and asked if the plan was for the cars to come
out of the parlcing lot onto 68th Avenue. Mr. Wally �filler exp,la�ined that he
will be building his funeral home even without the requested permit, but he is
asking for additional parking area for at the most 10 cars on the new piece of
property. If he does not receive the permit, he will have to reduce his
building in length � Councilma:c Harris asked Mr. biiller if he will have adequate
parking with the smailer structure,. Mr. �I�ller said yes. He said he has put in
the service road, and has driveways in the curb for an exit and entrance on
Brookview Drive, Councilman Harris asked him if he is not able to build to the
property line on Lot 2, would the overflow garking go into the street withaut
the Special Use Permit. Mr. Miller said that this could be.
The City Attorney explai�ed that the removal of private restrictioas on the
plat for Brookvie�a Addition to make it possible to '�uild a funeral home hzd
been handled in District Court in Anoka County and the City had nothing to
do with this. Councilman Lieb1 said that the. Council could not stop Mr. Mi�ler
from his right to build a funeral home, the question would be whether to have
the cars park on the street or give him a separate parking lot. He sa�d �hat
he felt letting the cars park on the street would be more hazardous� Mrs. Smit.;i
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RFGULAt: COUNCIL rt};E:TING, AliGliS1' 7, 1967
YAGE 4 ��_,
said that a parking lot would lo�ver the value of the surrounding property.
rlayor Kirkliam saic: cliat- this would depend on how it was put in, the land-
sc�ping, and adequatc f:encing. r1r. rfiller said he in*_ends to fence the
property attractively and tne fence could be continued to the east as far
as possible without beconiing a traff-ic hazard, instead of just north and
south as he had intended. He ex�lainecl again that they did not want the
full 170' of the lot, but only a few feet right behind the funeral home.
He said that his plans were to start construction �aithin a month whether
the Special Us� Permit was granted this evening or not.
MOTION by Councilman Harris to close the Public Hearing. Seconded by
Councilman Lieb1. Upon a voice vote, there being no nays, Mayor Kirkham
declared the Public �Ieari.ng on a Special Use Permit as requested by rir.
Wally Miller closed.
The people in the audience asked what the Council decision was on this.
Mayor Kirkham said that the Council would take time to study this.
Mrs. Ferguson asked if the people �aould be able to find out �aho had voted
for or Ggainst it. Mayor Kirkham said that this would be a matter of
record.
PUBLIC 1�ARTNG ° VAC�'iTTON OF CHARLES STREET:
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S. C. SMILEY &
1750 HENNEPIN AVENUE
August 11, �967
ASSOCIP�TES
,MINNEAPOLIS, MINNESOTA 55403
Mr. Marvin C. Brunsell, Acting City Manager
City of Fridley
6431 University Avenue N. E:
• Fridley, Minnesota
Re: Fridley Civic Center
Dear Mr. Brunsell:
.� R C H 1 T E C T 5
N. I. A. M. R. A. 1. C.
377-7801
I am in receipt of your letter of August 10, 1967 and accompanying
list of directives on items to be taken into account in laying out the
Police and Park areas. You ask for cost estimates for the City Council's
approval or rejection. I wonder if you really mear�.1Tcost estimates".
Cost estimates at this time will not reflect the true cost. To be
realistic, we must make the layeut and details as well as have our
engineers redesign the mechanical and electrical and make their layouts.
This, as I have previously indicated takes time and working drawings
to get exact costs from the three (3j contractors involved.
We have done some checking with Mr. Brown and also with the Police
Department. We will have to have our engineers talk to the Police
Department and Bob Aldrich about the specifics of the communication
systems etc. so prices can be obtained from the contractors.
Please advise, as we cannot get your firm prices without making detailed
drawings and specifications.
Sincerely.,
Mas Matsumoto
S. C. SMILEY & ASSOCIATES
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FLOYD �T.ORllFtiI:�Ni�1
ATTORNEY AT LAW
. . . e • • . . . . . S4O'6%TH AVENUE i`i.E. • MINNEAPOLIS 32, MINNESOTA • 560-203f3
The Honorable Mayor and City Council
City of Fridley, Minnesota
6431 University Avenue
Fridley� Minnesota 55421
Gentlemen:
Subject: l,
2.
Augiist 12� 1967
Special proposed assessment against the South 90 feet
of Lot 17, Cloverleaf �ddition.
Division of Lot 17, Cloverleaf Addition to permit
detachment of the South 90 feet as a separate lot
and to have the present assessments on Lot 17 divided
as between the South 90 feat and the balance of Lot 17
and to have the same certified to the County Auditor,
I have been"retained by Mr, and Mrs, Clem Coverst�n! ?85 Bennett
Drive NE, Fridley, Minnesota, the owners of the South 90 feet of Lot 17�
' Cloverleaf Addition, to present the fallowing petition and to pray that
the relief requested be granted,�
Your petitioners pray firstly: That the proposed special assessment
not be levied against the Sauth 90 feet of Lot 17, Cloverleaf Addition
for the reasons that your petitioners purchased the above property with
the stipulation that all special assessments would be paid by the seller,
These assessments amounted to some $50Q,00, After purchasing the property
it was learned that some $756.20 was to be levied as a connection charge
upon connecting to the city water and sewer mains, We were told that this
was in the form of a'connection charge' rather than an assessment in order
that the cost would not accrue until the property was developed. No matter
what it is called it remains a deferred assessment which is at best a
questionable practise for the City of Fridley to engage in, Now it appears
to be the intention of the Council.to actually levy this charge against
the property as though it were a norm�l assessment being levied in the
normal way, Your petitioners trust that the above facts which the council
is undoubtedly not aware of prior to this time will move the council to
react favorably_to this petition,
Your petitioners pray secondly: That the requsst contained in the
above Subject 2 be granted so that the present assessments on the rolls
may be properly allocated, A certificate of survey is attached to assist
in this matter.
FJO:slf
Fo.r the petitione� ,;
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Floyd��. Or�ema ri