07/14/1969 - 00019372h�
� THE MINUTES OF THE SPECIAL PUBLIC HEARING AND WORKSHOP MEETING OF JULY 14� 1969
Mayor Harris Pro tem called the Special Public Hearing and Workshop Meeting
to order at 7 30 P.M.
PLEDGE OF ALLEGIANCE:
Mayor Harris Pro tem lead the Council and audience in saying the Pledge of
Allegiance to the Flag.
ROLL CALL:
MEMBERS PRE5ENT: Harris, Samuelson, Liebl
MEMBERS ABSENT: Kirkham� Sheridan
PUBLIC HEARING ON THE REZONING REQUEST (ZOA #69-02) BY GEORGE M. NELSON
(Generally located on the south side of Onondaga Street and west of Lakeside Road)
Mayor Harris Pro tem read the Public Hearing notice aloud and asked for any
comments the City Engineer may like to make. The City Engineer xefreshed the
� Council's memory by saying that this is the request that originally was £or
apartrnent dwellings all the way up to Onondaga Street, but was reduced
because of the wishes of the people and to conform with the recommendations
of the Planning Commission in their study of the over-a11 zoning for this area.
He then showed a map on the screen for the benefit of the audience. The pro-
posal is for the north portion to stay R-1 along Onondaqa Street. The City
Engineer said that this request has been heard by the Planning Commission and
they have recommended approval.
Councilman Liebl asked Mr. Nelson if the land were to be rezoned, which way
will the buildings face. Mr, Nelson replied they wi11 face 73rd Avenue. He
said that the Planning Commission had requested that they provide an easement
of 25' on the west side of the lot from Onondaga Street to a point 25' south
of the southeast corner of Lot 28. Mr, Moore, Attorney for Mr Nelson said
that it was his understanding that such area of this easement is to be allowed
in computing densrty of the multiple dwelling pro�ect in the R-3A. He felt
that this revised request would satisfy the complaints of the residents.
Mr. Dennis Herbst said that he was the owner of Lot 28 and he would 7ust as
soon see it left as it is. There is a lot of industry in there already. Mr.
Robert O. Persgaxd, 7430 Lakeside Road asked how many units there wi11 be,
how much they would cost and how the petitioner would answer the question of
how these apartments would benefit the community. He said that he was very
much against adding any more apartments in the City.
� Mayor Harris Pro tem informed the audience that on this Public Hearing and all
those following, there will be no decision made tonight, and that they will come
back July 21, 1969.
Mr. Nelson said in reply to the questions by Mr, Persgard that they wzll be
putting in as many units as the City Code will a11ow and that they had no
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SPECIAL POBLIC HEARING AND WORKSHOP MEETING OF JULY 14, 1969 PAGE 2
cost estimates as yet. He pointed out that much of the area along 73rd ,
Avenue is already zoned for multiples now.
MOTION by Counca.lman Samuelson to close the Public Hearing on the rezoning
request by George Nelson (ZOA #69-02). Seconded by Councilman Liebl. Upon
a voice vote, all voting aye, Magor Harris Pro tem declared the Public
Hearing closed.
PUBLIC HEARING ON TH� VACATION OF ALL THAT PART OF HORIZON DRIVE LYING EAST
OF THE EAST RIGHT OF WAY LINE OF THIRD STR�ET N.E. (SAV #69-04)
Mayor Harris Pro tem read the Public Hearing notice. The City Engineer said that
as the request indicates, this is for the vacation of a portion of right of
way between T.H. #47 and 3rd Street that is no longer used for vehicular
traffic. This would provide parking for two apartment houses and it is the
recommendation of the Planning Commission to vacate, Uut retain walkway easement
to align with the signalization on T.H. #47. Councilman Liebl asked if by
vacating, would the City still have the sidewalk for the children. The City
Engineer said that the vacation would be of the right of way, but the City
would still retain the easement. Councilman Liebl asked i� a pedestrian
bridge were to go in in the future, would there be a necessity of a condemnation.
The City Engineer said no. Mayor Harris Pro tem asked about putting in a fence
on the north side o£ the parking lot so it would not be at the same grade,
and to keep the children walking away from the parking lot. The City Engineer
said that the sidewalk would be about 1' to l��' higher than the parking lot. �
There is also a 6' boulevard proposed between the parking lot and the sidewalk
for snow storage, and the parking lot is to have a rolled berm. Councilman
Samuelson asked if then,the apartments would have to do the improvements
themselves. The City Engineer said yes, if it is vacated. The same owner owns
both apartments. He suggested entering into an agreement and acquiring ease�
ments for the sidewalks before the vacation.
MOTION by Councilman Liebl to close the Public Hearing for the vacation of a
portion of Horizon Drive lying east of the east right of way line of Third
Street_ Seconded by Councilman Samuelson. Upon a voice vote, all voting aye,
Alayor Harris Pro tem declared the Public Hearing closed.
PUBLIC HEARING ON THE FINAL PLAT MARION'S TERRACE, BY HOWARD CRABTREE
(P.S. #69-08):
Mayor Harris Pro tem read the Public Hearing notice. The City Engineer showed
the proposed plat on the screen for the audience, and explained that it is an
the southwest corner of Riverview Terrace. The large parcel is being proposed
to be split into 4 lots. The Planning Commission did approve the layout, but
he would like to point out one consideration, in that two of the lots are to
be served by a private easement. Here again, there is the question_of the
di£ficulty of getting financing on land not abutting a public street. Other
than that, he said that the plat meets all the requirements.
�Ir. W.J. Engelhardt, 7120 Riverview Terrace asked if there was any consideration ,
given to how close a house may be built to the river. The Crty Engineer said
not as such, but that the setback from the street must be compatible with the
surrounding area according to the Code, however, this would not affect the
platting.
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SPECIAL PUBLIC HEARING AND WORKSHOP MESTING OF JULY 14, 1969 PAGE 3
� Mr. Allan I. Rolland said that he is planning on buying Lot 2, he had to move
out of his house as he had sold it, and is anxious to get his house started so
he can enroll hi� children in school. He would like to get the construction
started as soon as possible. He said that he would rather have a private
easement rather than a cul-de-sac as the oul-de-sac would cost more and
would require his house being built 45' back, as was previously stated, when
he appeared before the Council.
MOTION by Councilman Samuelson to close the Public Hearing on the Final Plat
Marion's Terrace requested by Howard Crabtree. Seconded by Councilman Liebl.
Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the Public
Hearing closed at 7:50 P.M.
PUBLIC HEARING ON A R�QUEST FOR A SPECIAL USE PERMIT FOR OONSTRUCTION OF A
TWO FAMILY DWELLING IN R-1 ZONING (LOt 3, Block 4, Ostman's Addition) Roger
L. Peterson
Mayor Harris Pro tem read the Public Hearing notice and the Crty Engineer added
that this request is fnr a duplex in R^1 zoning. Tne Planning Commission
recommended approval subject to the applicant providing a turn-around on
the property so that autos may enter East River Road head on, rather than
backing on, and that a three car garage be constructed as part of this pro-
posal.
� Councilman Samuelson pointed out that the Council has received a letter from
Lorraine R. Hanson asking that her name be removed from the petition she had
signed in favor of Mr. Peterson's construction.
MOTION by Councilman Samuelson to receive the comrnunication from Lorraine R
Hanson supplied to the Council July 14, 1969. Seconded by Councilman Liebl.
Upfln a voice vote, all voting aye, Mayor Harris Pro tem declared the motion
carried.
Councilman Liebl pointed out that there were also letters from Mr. William
C. Hoffman, 6900 Hickory Drive dated July 5, 1969, and Robert F. Havel, 6911
East River Road dated July 8, 1969 requesting that their names be withdrawn
from the petition in the Agenda. The City Engineer said that it seems that
originally the neighbors were in favor of the construction, but upon reflection,
chanqed their minds.
Mr. Roger Peterson said that he had nothing to add that he has not already
stated except that this house will look �ust like a single family dwelling,
with a walk-out basement.
MOTION by Counoilman Samuelson to close the Public I-Iearing on the request for
a special use permit for a two family dwelling in R-1 zoning by Roger L.
Peterson. Seconded by Councilman LLebl. Upon a voice vote, al1 voting aye,
Mayor IIarris Pro tem declared the Public Hearing closefl at 8:00 P.M,
� PUBLIC HEARING ON STREET IMPROVEMENT PROSECT ST 1970-1
Mayor Harris Pro tem read the PUblic Hearing notice and explained that some of
these streets have been added as petitions have been received, others have
been added by the City because of the poor condrtion of the street and in view
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SPECIAL PUBLIC HEARING AND WORKSHOP MEETING OF JULY 14, 1969 PAGE 4
of the 10 year street improvement program adopted by the City Council.
The City Engineer explained that basically the plan is to bring all the
streets withzn the City of Frid2ey up to City standards in 10 years. This
proposal was approved by the City Council as it will facilitate better planning
and by combining a group of streets in the same general area the construction
costs can be kept down and the savings passed on to the property owners. It
is hoped to let this contract early next spring. He suggested taking the first
seven streets together as they were figured together in the estimates.
Locke Lake Road: East River Road to Hickory Street
69th Wav: East River Road to Hickorv Street
Locke Lake Road to 69th
Hickory Drive: 69th Way to 70th Way
Hickory Circle: Hickory Drive to cul-de-sac
Hickory Place: Hickory Drive to 70th Way
The City Engineer said that the proposal is for a 36' street with curb and
gutter with a blacktop mat.
Councilman Samuelson said that he had received a petition against the street
improvement of Locke Lake Road, 69th Way and Hickory Street.
PETITION #25-1969 - PETITION IN OPPOSITION TO STREET IMPROVEMENTS ON LOCK$
LAKE ROAD, 69TH WAY, AND HICKORY STREET:
MOTION by Councilman Samuelson to receive Petition #25-1969. Seconded by
Councilman Liebl. Upon a voice vote, a11 voting aye� Mayor Harris Pro tem
declared the motion carried.
Councilman Samuelson read the petition aloud at the request of a member of
the audience.
Mr. Gary Hedman, 60 N.E. 70th Way presented a petition against the installation
of sanitary sewer lines with approximately 40 signatures, representing residents
in this seven street area.
PETISION #26-1969 - PETITION OBJECTING TO THE PROPOSED "SANITARY SEWER LINES
AND SERVICES": (ST. 1970-1)
MOTION by Councilman Liebl to receive the Petition #26-1969. Seconded by
Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Harris Pro
tem declared the motion carried.
Mayor Harris Pro tem read the petition aloud for the benefit of the audience.
The Finance Director said that there was some misunderstanding on the part of
the residents. The sewer means storm sewer improvements, and that there was only
one sanitary sewer service to be installed. The City Engineer added that this
area has a history of delayed improvements. In 1965 the City received a
petition for improvements. Some people were opposed and fe.it that they would
like the pro7ect to be delayed another year. In 1966 another public hearing
was held with the same response, some were for it and some were in opposition,
so the improvement was again delayed. In the meantime the City has gone in
and patched as we11 as they could, but this was four years ago and by now the
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SPECIAL PUBLIC HEARING AND WORKSHOP MEETING OF SULY 14, 1969 PAGE 5
� patches are not much good any more. The Council feeling was that eventually
everyone should have improved streets as the City does expend excessive monies
in maintenance on a11 the streets not improved. The costs of construction
are increasing at about a rate of 100, but the cost of living is increasing
at a rate of 4% - 5°s. This means that further delay is not saving the pro-
perty owners money. As a means of comparison he said that the estimated
figures in 1966 were $10.78 per foot and this year they are $13.30 per foot.
The City feels that it is necessary to improve the storm sewers first before
any street unprovements are made, or the water running on the streets will
soon destroy the improvement. In 1956 there was only an oil and sand mix-
ture put in, and the proposal now is to have curb and gutter with a finished
mat that would hopefully last about 25 years. He explained that by having the
water run a long way on the streets will soon wear them out, but if the resi-
dents want to put up with the water in the streets, this is their decision
He said that the Engineering Department tries to propose the best solution
for long range planning.
Councilman Samuelson asked if the work would be done in 1970. The City
Engineer said that if the work was completed in 1970, it would go on the 1971
tax rolls, but if not completed, it would go on the 1972 tax rolls. The
assessment is spread for 10 years. He explained that a Public Heara.ng does not
mean that an improvement is going to be forced in, but rather a means of
informing the public and enabling them to make their own determination.
� A resident of the area said that it appears that the response of about 98o
of the residents is that they feel that Che street is all right as it is and
that it will last for some time yet. The City Engineer said that if any
portion is salvable, it will be used as a base and this would lower the cost.
Mrs. George Kelley, 50 N.E. 70th Way, said that she did not feel �hat they
need stosm sewers. The City Engineer said that as he has already explained
they would save wear and tear on the streets and the assessment would be on
the seven street area, as they would be �he benefitting property owners. This
estimated cost is $21,718, and showed the areas proposed to be assessed on the
screen.
Mr. B,-uce E. Olson, 7030 Hickory Drive said that he lives on the corner of
Hickory Drive and 70th Way and has already paid an assessment for Hickory
Drive, so what would his charges be. The Finance Director said that everyone
in the pro7ect has had at least one street assessment. He would pay per front
foot and 1/3 for side yard if it is a corner lot.
Mr. W.W. Salkcom, 6821 Hickory Street N.E. said that his biggest ob�ection to
this improvement is that there is something needed far more and that is a
sidewalk along East River Road for the children to walk on to go to school or
some access across East River Road. If blacktop and curbing were put in, the
children will still have to walk in the streets. He said that he did not feel
that the improvement was needed.
, A resident asked where the run off would go. The City Engineer said that it
would go into the lake. He then presented the eight year storm sewer improve-
ment maps and explained the meaning of the different color schemes and that at
the end o£ eight years everyone wil.l be in one stoxm sewer distxict or another
and would have about the same assessment rate.
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SPECIAL PUBLIC HEARING AND WORKSHOP MEETING OF JULY 14, 1969 PAGE 6
Hartman Circle: Including the straight and curved road
The Crty Engineer explained that this is for a 36' street with concrete curb
and gutter with a blacktop surface. The estimates include some work on the
storm sewers.
Mr. George Rusler, 169 Hartman Circle said that it seemed that there would be
more than some minor improvements to the storm sewer needed. He said that he
was in favor of the pro�ect. The City Engineer said that there will be no
water standing in the streets when the improvement is made and that it is
7ust a matter of extending a storm sewer line.
61st Way East River Road to a11ey on the East
Al1ey bet. 61st Way &
61'� Way: East River Road to alley on the East
61� Way: �ast River Road to alley on the East
63rd bday: East River Road to alley on the East
63; Way: East River Road to alley on the East
A11ey on West Side
of Railroad
Tracks: 61st Way to 64th Way
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The City Engineer showed the map on the screen and explained the proposed
traffic pattern. He said that there is a need for storm sewers, but this �
cannot be done until East River Road is improved.
�lr. Richard Brown, 6103 East River Road, said that his home fronts on East
River Road and abuts on 61st Way and asked how this would be assessed. The
Finance Director said the front footage would be considered and 1/3 of the
side yard would be assessed as per the standard Council policy for assessments.
Mr. Brown said that he is opposed to this improvement.
Mr. George Danielson, 6305 East River Road asked what the bonds would be
selling for. The Finance Director said that there have not been any sold for
some time, but that the interest rate for assessments of the improvement has
been established at 7'�o by the Council. Mr. Danielson said that he is opposed
to this unprovement as he feels a couple of coats of tar on the streets would
make the road serviceable for another 10 years. He asked who would pay for the
alley improvement along the railroad tracks. The Finance Director said that the
assessment would be $5.59 on the east side and $3.41 on the west side. One half
the cost of the alley is spread on the property on the east side of the alley
right of way and one half of the cost of the alley is spread on the property
on the west side of the alley and spread half way down the block. Mr. Dani-
elson asked why the City is proposing to pave the alley when previously the
City policy has been not to pave alleys. Councilman Liebl said that the
problem is the safety of the chaldren as there are no sidewalks on East River
Road for them to walk on. This alley or 61st Avenue, depending on where the
signal is located would be used by the children to get to the school. The
City Engineer said that presently there is only 12' right of way but if ordered ,
in, it would be a street and there would be more right of way acquired so that
the street can be snow plowed
Mr. Danielson asked if there was anything that could be done about the trucks
using this alley now as a short cut. He said that there are semi-trucks using
it now. IIe then asked what about the drainage. The City Engineer answered
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SPECIAL PUBLIC HEARING AND WORKSHOP MEETING OF JULY 14, 1969 PAGL 7
� that for the first time the County is making a study of East River Road and
hopefully something can be done in con�unction with their findings. Mr.
Danielson asked if the railroad will be paying their share. Councilman Lieb1
said yes. Mr. Danielson asked if it would be a 24' street. The Crty Engineer
said yes, and that additional right of way would be needed.
Mr. John Othoudt, 2D N.E. 63rd Way said that when sanitary sewer lines were
put in past his place, he got water in the basement and had to dig a ditch
across the street to drain the water away. The City �ngineer asked when this
was. Mr. Othoudt said a6out three years ago. The City Engineer said that
this work was done by N.5 S.S.D. and that this is another governmental body,
and the City has no control over them. Mr. Othoudt said that it seems that
all the water drains across his lot all the time. The City Engineer said that
to put in a complete storm sewer system would be very expensive and it is hoped
that when East River Road is improved, that the City can hook onto their
system.
Mr. Lewis Doyle, 25 N.E. 63rd Way said that he agreed with Mr. Danielson that
7ust a oouple coats of tar would be adequate. Mr. Othoudt asked how these
streets will be voted on next week, .�ndividually or as the whole resolution
reads now Councilman Liebl said that they would be considered individually.
He said that some may be deleted and some may be added on. I-Ie commented that
he felt that Mr. Danielson was right in this case The storm drainage is
very bad in this area and it is all a question of money. Some of the streets
� between Mississippi Way and 61st Way may have to be up-graded �ust to the
minimum as he did not feel that the people could stand the assessments.
61st Avenue: Starlite Boulevard to Main Street
Sylvan Lane Starlite Boulevard to Jupiter Drive
Staxlite Boulevasd: 61St Avenue to Sylvan Lane
The City Engineer said that these are the only streets left to be improved in
this area. Councilman Liebl said that he had received a call fxom a resident
living on Starlite Boulevard between 61st Avenue and Sylvan Lane asking what
was to be done about the drainage, as there is a valley in the middle of the
block. The City Engineer explained that to take care of the storm drainage
a storm sewer extension will come from Trinity Drive.
A member of the audience asked if 61st Avenue will ever be going across to
East River Road. Mr. Jim Gibbs, representing the City Attorney, said that the
Crty has requested this, but the railroad has successfully blocked this plan,
The resident then said that he is already paying assessments on storm sewer.
The City Engineer said that there a.s no storm sewer assessment proposed, that
the storm sewer work is incidental to the street work and is included in the
cost of the street work.
Mr. William Zurbey, 145 Sylvan Lane said that there is a water problem and he
would like to have this fixed if the street is going to go in, but he is
satisfied with the street the way it is. After a rain the water runs down
� the street vexy fast. If the plan does not include fixing the water problem,
he would not be in favor of the improvement. Mr. C.A. Sunder, 101 Sylvan
Lane agreed, as did Mr. Kleinschmidt, 160 Sylvan Lane, who said that it would
be nice to have the impzovement, but it was not a necessity. Mz. A.S. RicYs,
161 Sylvan Lane said that he had curbing in front of his house, and he would
not like to see this torn up and thrown away. He said that he was
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SPECIAL PUIILIC H�ARING AIQD WORKSIIOP MEETING OF JULY 14� 1969 PAGE 8
against the amprovement. Mr. Sunder sa�d that it seems that there is about
100o against this improvement. He had no petition against the improvement,
but he said that he was sure that he could get one with enough signatures.
Mr. Merle Longerbone, 180 Sylvan Lane, said that there were three houses that
have curb and gutter, and asked if this would have to be torn out. The City
Engineer said that everything possible would be saved. Mr. Longerbone asked
if there would be an increase in cost for extending the storm sewer line from
Trinrty Drive. The City Engineer said no, that that is part of the given
estimated improvement cost. Mr. Longerbone asked what will happen when there
are more homes built along the street. The City Engineer said that all the
utilities will be in, so the only problem then would be f.he curb cuts for the
driveways. The property owner at 175 Sylvan Lane said that he would go along
with what the other neighbors wanted,
73? Avenue Highway #65 to Central Avenu
T.A. #65 East Service Rd.: 73i, Avenue to Fireside Drive
The City Engineer said that 73�� Avenue is presently being used, but there seems
to be no uniformity of feeling on whether it should be vacated or improved.
Mayor Harris Pro tem called for any comments from the audaence, but there were
none. He then asked if there was anyone present who wished to speak on the T.H.
#65 East Service Road from 73� Avenue to Fireside Drive, with no response.
At this point a large number of the audience left the Meeting, and Mayor Harris
Pro tem thanked them for coming and giving their comments, and told them that
this item will be back on the Agenda at the Meeting of July 21, 1969,
Street: Bacon Drive to Lakeside
ve: Onondaga Street to 75th
Mr. Tom Flanery, 1465 Onondaga Street, said that hardly anyone uses Sacon
Drive, and pointed out that much of this improvement abuts park property.
Mayor Harris Pro tem answered that the City would pay the improvement cost
far the park 1and. Mr. Flanery said that he is against the improvement of
Sacon Drive.
Mr- ,7ohn Reick, 7426 Bacon Drive N.E., said that this is a dead end street
now, and if improved, he would like to see it stay this way. There are only
five houses on this street. Mr. Gary Omalley, 7432 Bacon Drive, said that he
also would like to have the street dead-ended, with perhaps a cul-de-sac. He
said that he thought that the people to the north would not mind exiting onto
75th Avenue. He added that since the storm sewer was installed last year,
he has had no water in his basement.
Lakeside Road: 75th Avenue to Osborne Road
Mr. C. Cornell, 7525 Lakeside Road, said that there had been no petition,
but he would get one if the Council wished. He said that he is in favor oE
the pro7ect and would also speak for a neighbor, who is not present who is in
£avor of the improvement.
Mr. L.R. Hegne, 7550 Lakeside Road wondered about the storm sewer, and when it
would be put in. The City Engineer said that there would be an extension of a
storm sewer line needed. He explained that the City's policy is to have all
the utilities in the street, before the street improvement is put in. This
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SPECIAL PUBLIC HEARING AND WORKSHOP MEETING OF SULY 14� 1969 PAG� 9
� would mean that there would have to be water, sewer and storm sewer services
installed first, Mr. Hegne saa.d that he is in favor of this, and asked if
this would all be done the same year. The City Engineer said yes. Mr.
Hegne said that the estimated pxice of $17.69 per foot has been quoted and
asked if this is the total cost. The City Engineer said yes, the proposal is
to install a 36' street with curb and gutter and the storm sewer extension to
pick up the surface drainage. The storm sewer cost is part of the total
estimated cost. A man in the audience said that they have paid for a storm
sewer assessment already. The City Engineer said that this was for a main
trunk line, and this would be 7ust an extension, and would not be a storm
sewer assessment.
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Mr. Clarence Whittmer, 7629 Lakeside Road said that the amount of sand in
the street makes it a hazard getting onto the street, and she would be in
favor of the pro�ect.
61st Avenue: McKinley Street to Stinson Boulevard
McKinley Street: Cul-de-sac to north to 61st Avenue
Mr. Lenny Cochran asked why 25' was taken from his land to the north. Mayor
Harris Pro tem said that this would still leave him sufficient lot depth.
The City Engineer said that the lots would be 120' deep. Mr. Cochran asked
why he should have to stand the cost. A 125' lot would not meet the Crty
Code. The City Englneer said that it would. Mayor Harris Pro tem asked if
McKinley Street will line up with the street to the north. The City Engineex
said that there will be 25' off-set. The plat has been approved and this
question should have been brought up at the time the plat was considered. He
assured Mr. Cochran that the lots will still meet the Crty Code. It requires
9000 square feet per lot. Mr. Cochran asked if the City wi11 condemn his
land on 61st Avenue when extending to the north. The City Engineer said that
there is road right of way needed that is part of his proposed plat. Mr,
Cochran said that he did not feel that he should stand the costs when he
drew his plat according to what the Crty wanted, and now there is the required
25' off-set. Mr, Gibbs told Mr. Cochran that his plat has not been approved
yet. Mayor Harris Pro tem said that the street cannot be put in �aithout the
necessary right of way. Mr. Cochran asked i£ the City was going to put in '�
of Stinson Boulevard. The City Engineer said that this wi11 be done in con-
7unction with New Brighton. Stinson Soulevard has already been ordered in.
Mr. Cochran asked why McKinley Street cannot be moved to line up with the
street proposed in his plat before. The City Engineer said that he would have
difficulty in platting his land as shown on his plat. Mr. Gibbs said that his
office has been tryinq for over a year to negotiate this problem to get some
solution. He told Mr. Cochran that his attorney promised him four times that
he would look at the terrain and the surveys etc. but nothing came of it.
The holes in his land are very deep and there will be difficulty with the storm
sewer in this area. Mayor Harris Pro tem told Mr, Cochran that the plat, Amber
Oaks has been approved, so somewhere he will have a street going north and south.
Councilman Liebl said that Mr Cochran implied at the time the plat Amber
Oaks was presented, that he would concur with it, and that it a.s un£air to
complain now He should have done his speaking at the time o£ the Public
Hearing for the final plat.
Mr. David Hubers, of Amber Oaks said that he was in favor of this improvement.
At the tune the plat was being discussed Mr. Cochran was well aware of what was
intended. He said that he really did not know what �Ir. Cochran wanted, but he
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SPECIAL PUBLIC HEARING AND WORKSHOP MEETING OF SULY 14, 1969 PAGE 10
wanted this improvement made, and if necessary he would like to ask the ,
Council to start condemnation proceedings against Mr, Cochran for the necessary
right of way.
Riverview Terrace to Cul-de-sac to east
The Crty Engineer said thai this is also to serve a proposed plat, Brentwood
Estates. The ma7or portion has been petitioned for. The developers are
trying to acquire a little more land. Councilman Lieb1 asked if there was
any ob7ection from the School Board. The City Engineer said no.
Mr. Gordon Sangster, 7169 Riverview Terrace said that he has a corner 1ot and
must ob�ect to the plat itself. This plat would result�in the funneling of
traffic down Riverview Terrace, and he felt that it would be more desirable
to take the tra££ic out to East River Road. He felt that the lower speed
limit on Sast River Road has helped to mrtigate the problem. There are four
homes in the area and now the traffic is out to East River Road, and all the
vehicles serving the school use this right of way for access. He said that
he understood that the Planning Commission is considering this plat yet. He
said that Mr. & Mrs. H.0 Dickenson, Mr. L.V. Moen, and J.R. Dahl have all
expressed this same concern.
Mayor Harris Pro tem said that in discussions with Anoka County officials they
definitely want to limit access onto East River Road. They are planning
ahead for signalzzatzon, and do not want to multiply thea.r problems. ,
Mr. Sangster commented that if this was made a ma�or road, it could be a traffic
hazard for the children on the way to school.
65 East Service Road Railroad Tracks to 72nd Avenue
The City Engineer commented that this abuts the Harstad property. Mayor Harris
Pro tem asked for any comments from the audience, but there was no response.
MOTION by Councilman Samuelson to close the Public Hearing on Street Improve-
ment Pro�ect St. 1970-1. Seconded by Councilman LIebl. Upon a voice vote,
a11 voting aye, Mayor Harris Pro tem declared the hearing closed at 9 40 P.M.
RECESS:
Mayor Harris Pro tem declared a recess from 9:40 to 9:55 P.M.
TARGES STORE IN FRIDLEY: COMPLAINT ON INCINERATOR:
Mayor Harris Protem read the letter aloud that the City Manager received
from the Target District Manager, Mr. Ron Martin. The City's letter to them
was dated July 9th and the Target letter is dated July 10, 1969. Their letter
informs the City that the Target Store in Fridley has been informed that they
are to cease use oE the incinerator and use other means to dispose of all
trash He said thank you to the City Manager for his prompt action, and also ,
to Target for their good response to the City's request.
BERNIE JULKOWSKI: REQUEST FOR SPLITTING OF ASSESSMENTS:
Mr. Julkowski explained that in 1964 he purchased about 12 acres of land. There
are two separate deeds and the taxes are �gparate, and he would like to split
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SPECIAL PT]BLIC HEARING AND WORKSHOP MEETING OF JULY 14, 1969 PAGE 11
� the assessments. He said that he has a prospective buyer for a building,
therefore he would have to have the assessments split.
The Finance Director referred to his memorandum to the City Council dated
July 14,1969 explaining the problem. He said that the final plat for Mx.
Julkowski was approved by the Council October, 1964, but it was never recorded
According to the Platting Or�dinance adopted in 1962, the land must either be
platted, have a registered land survey or a lot split, before any assessments
can be split. It is currently unplatted property and has a metes and bounds
description which is quite lengthy Once the platting or a registered land
survey is accomplished, the splitting of assessments would follow automatically.
Mayor Harris Pro tem advised Mr. Julkowski to initiate action through the
Planning Commission to get some form of platt�.ng recorded. He suggested a lot
split, if Mr. Julkowski is not ready to plat and the 10 remaining acres could
be an outlot.
PUBLTC HEARING ON THE FINAL ASSE5SMENT ROLL FOR STREET IMPROVEMENT PROJECT
ST 1968-1A:
Mayor Harris Pro tem read the Public Hearing notice and asked if there were
any comments fxom anyone. The City Engineer said that he was happy to report
that the final costs were 25a - 30% lower than the estimated cost. This was
probably because the bids were let during the winter. Mayor Harris Pro tem
, commented that there seemed to be no complaints.
MOTION by Councilman Samuelson to close the Public Hearing on the final assess-
ment roll for Street Improvement Pro7ect St. 1968-1A. Seconded by Councilman
Liebl. Upon a voice wte, all voting aye, Mayox Harris Pro tem declared the
Public Hearing closed at 10:04 P.M.
RESOLUTION #115-1969 - RESOLUTION CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT
PROJECT ST. 1968-1A
MOTION by Councilman Samuelson to adopt Resolution #115-1969. Seconded by
Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem
declared the motion carried.
PUBLIC HEARING ON THE FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT
ST. 1968-2A:
Mayor Harris Pro tem read the Public Hearing notice and asked for ❑omments.
The City Enqineer commented that the px'ices were about 1/3 lower than the
estimates given the public.
MOTION by Councilman Liebl to close the Public Hearing on the final assess-
ment roll for Street Improvement Project St. 1968-2A. Seconded by Councilman
Samuelson. Upon a voice vote, a11 voting aye, Mayor Harris Pro tem declared
the motion carried.
� RESOLUTION #116-1969 - RESOL[7TION CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT
PROSECT ST. 1968-2A:
MOTION by Councilman Samuelson to adopt Resolution #116-1969. Seconded by
Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem
declared the motion carried
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SPECIAL PUBLIC HEARING AND WORKSHOP MEETING OF JULY 14 1969 PAGE 12
R�SOLUTION #117-1969 - RESOLUTION MAKING A TRASSSFER FROM THE PUBLIC UTILITY �
L'UND TO W-75 WATERWORKS IMPROVEMENT BOND FUND, IMPROVEMENT BONDS OF 1960
FUND, IMPROVEML�NT SONDS OF 1963 FUND� IMPROVEMENT BONDS OF 1967 FUND, AND
REFUNDING BOND FUND:
MOTION by Councilman Liebl to adopt Resolution #117-1969. Seconded by Council-
man Samuelson. Upon a voice vote, all voting aye, Mayor Harris Pro tem de-
clared the motion carried.
CONSSDERATSON OF APPLICATIDN P'OR BUILDING PERMIT FOR 6156 STINSON BOULEVARD,
JAMES VAN ERDEN:
The Crty Enqineer explained that this building permit request is .tn Amber
Oaks Addition which has been approved by the Council, but not record�ed yet.
Be£ore record�.nq the improvements have to be ordered in or a 5% engineering
escrow retained. There is water and sewer available for this lot on S�inson
Boulevard.
Mr. I-IUbers of Amber Oaks Addition said that Mr.Van �K'den has a mortgage
commitment until the lst of September, this is the reason that the request
for the building permit at this time, to meet the deadline. Councilman Samuel-
son asked when the plat wi11 be recorded. Mr Hubers answered that it is in the
City offices and is ready to be filed. Councilman Samuelson said that the
normal procedure is to issue a building permit £or the whole plat, however,
one building permit can be issued for one lot legally, but only one according '
to the Code, and he wanted Mr. Hubers to understand this, Mr. Hubers said yes
he did, and added that he is the abstract owner.
D1r. Gibbs elaborated that according to the Ordinance, they can get one
building permit £or the whole plat. Another permit cannot be granted until
the plat is recorded. Mr. Hubers said that they have tried to get together
with Mr. Cochran without success, this is why he would like to ask the Council
to authorize initzation of condemnation proceedings. Mayor Harris Pro tem
said that this unprovement will be back on the Agenda next week and if ordered
in, then the plat can be filed. Mr. Hubers said that they would like to start
cuttinq the road through as soon as possible. The City Engineer agreed that
he could not get together with Mr. Cochran either, but negotiation would be
cheaper than a condemnation
MOTION by Councilman Samuelson to grant issuance of a building permit for
6156 Stinson Boulevard requested by James Van Erden. Seconded bp Councilman
Liebl with the stipulation that the plat must be filed when signed by Mayor
Kirkham, Upon a voice vote, all voting aye, Mayor Aarris Pro tem declared
the motion carried.
CONSIDERATION OE KAYE CONSTRUCTION REZONING REQUEST: (ZOA #69-08A):
The Crty Engineer reported that the Planning Commission recommended approval.
MOTION by Councilman Samuelson to set the Public Hearing for the rezonrng '
request by Kaye Construction for August 11, 1969. Seconded by Councilman
Lieb1. Opon a voice vote, all voting aye, Mayor Harris Pro tem declared
the motion carried.
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SPECIAL PUBLIC HEARING AND WORKSHOP MEETIIQG OF 3ULY 14, 1969 PAGE 13
CONSIDERATION OF BYLAWS OF THE VOLUNTEER FIREMEN'S RELIEF ASSOCIATION
Robert D_ Aldrich, President of the Firemen's Relief Association said that
the Bylaws have been reworked to bring them into conformance with the action
of the Legislature. They are in line with the previous discussions held with
the City Council. Mayor Harris Pro tem asked the Crty Manager i£ he had gone
over this The City Manager said that he had Mr. Gibbs said that they sent
in a resolution to the Legislature asking them to pass this enabling legislation.
This will go into effect when the Bylaws are accepted by the Council. He
said that the legal staff has gone over the Bylaws and they are within the
law and there seem to be no problems. They can be adopted by a simple ma7ority
of the Council. Mayor Harris Pro tem asked how the vote went with the Firemen's
Relief Association. Mr. Aldrich reported that the vote was unanimously in
favor, and added that each member of the Association has received a copy of the
Bylaws.
MOTZON by Councilman Samuelson to adopt ihe Bylaws oP the Firemen's Relief
Association. Seconded by Councilman Liebl. Upon a voice vote, all voting
aye, Mayor Harris Pro tem declared the motion carried.
APPROVAL OF SPECIAL LEGISLATTON RELATING TO FIREMEN'S PENSION ACT:
Mr Aldra.ch explained that this covers the same area. The Sylaws will go
into effect when approved by the City Conncil, and this approval is necessary
for notification to the State.
MOTION by Councilman Liebl to approve the special legislation relating to
the Firemen's Pension Act and notify the State of the Council action Seconded
by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Harris Pro
tem declared the motion carr.�ed.
RECEIVING REPORT REGAR➢ING RBPAIR OF WELLS #l, `�2, &
The City Engineer explained that a few weeks aqo there were some wells out
of order, and according to Resolut�.on #132-1967 it is required of him to go
ahead and expend the money for the repair as it is an emergency and report
to the Council. About $3000 total was expended. P1r. Gibbs said that this
Resolution states that emergency repairs of water and sewer facilities o�ten
exceed $1,000, and the repaixs cannot wait for authorization by the Council.
Councilman Samuelson suggested that when the City Charter is re-worked, this
might be taken into consideration. Mr, Gibbs said that the $1,000 ,�igu.re was
taken from St Louis Pazk's Charter and our Charter has been in effect since
1957. The City Engineer said that the State provides for a maximum of $5,000.
He said that since the adoption of the Resolution, this is the first time
there has been occasion to expend over $1,000. Mr. Gibbs asked if there is
any questions by the public examiner. The Finance Director said that any bill
over $1,000 they go over.
' The City Engineer said that his department will continue to follow the present
policy The City Manager added that under the curren� policy, quotations are
still taken, and the budget re-adjusted accordingly.
ADSOURNMENT
MOTION by Councilman Liebl to ad�ourn the Meeting. Seconded by Councilman
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SPECIAL PUBLIC HEARING AND WORKSHOP MEETING OF JULY 14� 1969 PAGE 14
Samuelson. Upon a voice vote, a11 voting aye, Mayor Harris Pro tem declared '
the Special Public Hearing and Workshop Meeting of July 14, 1969 ad�ourned
at 10:30 P.M,
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Respectfully submitted, / �
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�t , ,�%e`�iG= -� C��,i �
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.TUel Mercer � ack O. Kirkham
Secretary to the City Council Mayor
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