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09/20/1976 - 5722JANET KONZAK ADMINISTRATIVE ASSISTANT PUBLIC HEARING MEETING SEPTEMBER 20, 1976 � � �M4 T0: DEPARTMENi HEADS Following are the. "ACTIONS NEEDED". Please have your answers in the City Manager'S � office by Wednesday Noon, September 29, 1976. Thank you. I�. � %_ � FRIDLEY CITY COUNCIL — PUBLIC HEARIfdG MEETING — SEPTEMBER 20, 1976 — 7:30 P.i�1. '� i�h � Opened 7: 34 P. M. � PLEDGE OF ALLEGIA�JCE: � � � FINANCE � II � FINANCE ,� I� � ROLL CALL: Councilwoman Kukowski arrived at 9:30 P.M. ADOPTION OF AGENDA: Adopted PUBLIC HEARIfdGS: PUBLIC HEARING ON FINAL ASSESSMENT ROLL FQR STREET IMPROVEMENT PROJECT ST, 1976-1� � � � � � � � � t � � . � � 1 — 1 A Public Hearing closed ACTION NEEDED: No action needed (Resolution tabled to meeting of 9/27/76) PUBLIC NEARING ON FINAL ASSESSMENT ROLL FOR SANITARY SEWER, WATER, AND STORM SEWER IMPROVEMENT PROJECT No,119,,,,,,,,,,,,,,,,,,,,,,,,,,,2-2A Public Hearing closed ACTION NEEDED: No action needed (Resolution #97-1976 adopted) � � ��I� � �_ � FINANCE � � PUBLIC HEARING MEETING, SEPTEMBER 20, 1976 - PAGE 2 PUBLIC HEARING tContTin�uEn) PUBLIC HEARING DN FINAL ASSESSMENT ROLL FOR I9%6 $ERVICE CONNECTIONS� � � � � � . . � � � � � . � � . � � � . 3 - 3 B Public Hearing closed .�6 ACTION NEEDED: No action Needed (Resolution �7-1976 adopted) IPUBLIC iiEARING ON PRELIMINARY PLAT $UBDIVISION P�S, #76-06 BY REAL ESTATE 1�; �ILLWIND ADDITION� � GENERALLY LOCATED AT 941 HILLWIND ROAD IV�E� � � � � � � � � �i ' 4 D �- Publ�c Hearing closed. Final plat approved ENGINEERING ACTION NEEDED: Proceed as authorized , � �� PUBLIC HEARING ON VACATION REQUEST STREET AND ALLEY � VACATION SAV #�6-04 BY KAREN MESROBIAN; UNIMPROVED ALLEY BETWEEN LIBERTY STREET AND ELY STREET_, �� Public Hearing closed. Letters from property owners received. '� ENGINEERING ACTION NEEDED: Proceed as authorized ' � . . 5-5K � r � �. ' PUBLI C HEARI iVG 1�1EET I NG, SEPTEMBER 20, 1976 PAGE 3 �� f � I �ITY MANAGE r— � � � 1 _ GINEERING � � INANCE � � I � PUBLIC HEARINGS (CoNriNUEn) PUBLIC HEARING ON 19�% BUDGET AND ON EXPENDITURES TO BE MADE FROM REVENUE SHARING FUNDS� �. 6 Public Hearing closed R ACTION NEEDED: Prepare final budget and budget ordinance for consideration OLD BUSINESS: CONSIDERATION OF VARIANCES REQlJESTED BY l'� & I SUPPLY �OMPANY INC�, COOS UNIVERSITY AVENUE i�� iTABLED 9/lj/76 ) , , , , , , , , , , , , , , , , , , � , . , . , , , 7 - 7 G Variances approved witn stipulations listed by Appeals Commission and with added stipulation that outside development be completed by July 1, 7977. ACTION NEEDED: Get proper advice from Ci�ty AttorneyF's office on the needed procedure and documentation 6efore permit is issued so we are on reas.onable ground if the City sued to protect the City's position. After getting opinion then advise M& I Suppiy of the City Council's action. NEW BUSINESS: CONSIDERATION OF STATEMENT OF CANVASS OF SEPTEM�3ER 2�, 1976 Pa i MARY ELECT I ON � � � � � � � � � � � � � � � � � � . � — �S � Canvass approved ACTION NEEDED: File for future reference � ,� , PUBLI C HEAR I NG h1EET I NG, SEPTEf�BER 20, 1976 PAGE 4 1 NEW BUSINESS (CONTINUED) , CONSIDERATION OF A REQUEST TO PUT UP AN INDUSTRIAL DISPLAY TENT IN WEST PARKING LOT, BY ONAN CORPORATION� .�. 9 Request approved NGINEERING ACTION NEEDED: Inform Onan Corporation of Council approval , � i �� FINANCE � � � iFINANCE � � �J � CONSIDERATION OF SECOND READING OF AN ORDINANCE PERTAINING TO REGULAT3ONS PROHIBITING CERTAIN CONDUCT IN PREMISES LICENSED TO SELL INTOXICATING LIQUOR AND NON-INTOXICATING MALT LIQ:JOR AND �ICENSES - �ANTERBURY PUB �TABLED 9/13/76)� � � � � � • • � 10 Licenses for Canterbury Pub approved. Letter from Reverend McChesney recieved Ordinance tabled to meeting of October 18, 1976 ACTION NEEDED: Inform Canterbury Pub of approval of licenses and put ordinance back on the agenda of October 18, 1976. Inform all the business holding 3.2 license� q� the proposed ordinance consideration for their input. CONSIDERATION OF A RESOLUTION CONFIRMING ASSESSMENT FOR 1976 WaTER AND SEWER I��AINS, LATERALS, AND SERVICE CONNECTIONS � � � � � � � . � � � � � � � � � � � ' ' ' Resolution #96-1967 adopted ACTION NEEDED: Proceed as authorized ...11-11A � . �1 , _ �INANCE � � i INANCE , ' , � _ FINANCE � �� , � � I � PUBLIC HEARING MEETIyG, SEPTEMBER 20, 1976 PAGE 5 NEW BUSINESS (Con�TiNUED) CONSIDERATION OF A RESOLUTION CONFIRMING ASSESSMENT FOR SANITARY SEWER, WATER, AND STORM SEWER IMPROVE— MENT PROJECT NO, 119� . � � � . � � . � � . � � . � � � . � Resolution No. 97-1976 adopted ACTION NEEEDEQ: Proceed as authorized 1Z - 12 A CONSIDERATION OF A RESOLUTION CONFIRMING ASSESSMENT FOR $T, 1976-1 S-rREET IMPROVEMENT PROJECT� � � � � � � � � � � , 13 - 13 A Resolution tabled to meeting of September 27, 1976 ACTION NEEDED: Put item back on agenda of September 27, 1976 CONSIDERATION OF ADVISABILITY OF CHANGES IN WARD AND PREC I NCT BOUNDAR I ES , � � � � � � � � � � � � � � � � . � � , 14 - 1� C � Decision to leave boundaries as they are ACTION NEEDED: Inform proper State authority of City Council decision. :� � il � FRIDLEY CITY COUPdCIL MEETING II 'PLfASE SIGN NAME ADDRESS AND ITEM NUP16ER INTERESTED IN DATE: (� I AME ADDRESS ITEM NUMBEk --------a�--------------------`��.�'-___-------------- , ------------^ ---------------------------------------- --------------------------_ � -��-----�--___`� ------------------------------- � , � � �l . `�� C o, � � y , �-4i � ,��GL,, , �;!-- � •'�.-�.� ;� � 7 7 �'�� 1...� t� � - ,� _ �. (� _ - - .� _ �� , c-� � �f l - --�- /� . _ ✓�„ TI e!�-' � c .� � � � �,.�� ,� � _� . ��'-�!�� • � — ,..�''rr�"___ s�±.a '�!�!� ��''�!!� ._�_�� .: _ �,` � � , �� — � � _ _ . � a �� .�. �� s �` s �� 1� �"�,/ - � �, �`f� �. �� -�.. � ,.�.�: . � � _ � � .-� �- , ��,�,.� " � �� :� . . , �� cs �j � � �Z- � , ay�' ` S��-� �C� a / � �'� __T.�� Z , ��'� f`l'�., � il`/ f,t �_ ��. s— � � � .�— � �s- 0 � � � � R DLEY C CO C L , F I ITY UN I MEETING ' PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE• NAME ADpRESS ITEM NUMBER a==c==aa=z===m=^=-=c�^=o==o======s=====---=----=-===ac==oo==a=co===aaooa�a�=a=oe=c---=a=oo==��= � ,- �_ . - - 1 �� .� �i �l %'.��z�:-�� is�� si� �� I / , � � _ �, . �. � r t � 0 � u � , � �- � ' � �_1 � ' � � THE MINUTES OF TNE PUBLIC HEARTNG MEETING OF THE FRIDLEY CITY COUNCII, � ,� � r� � �� o� ��. �.� ��. �: � � •4 %L l ( t "._i � '-. �� . . .. .... � 3r�f�: i. Y � � � r � U � I44 i ! THE PiIP�UTES OF THE PUBLIC HEARIt�G t1EETIP!6 OF T�iE FRIDLEY CI�'Y COUtlCI! OF SEPTEMBER 20, 1976 The Pub7ic Hearing P1eeting of the Fridley City Council of September 20, 1976, was called to order at 7:34 p.m. by Mayor Nee. • PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and the audience in sayinc� the Pledge of Alleqiance to the Flag. ROLL CALL: MEt46ERS PRESEPJT: Councilr�an Fitzpatrick, Councilman Starwait, Councilwor�an Kukowski (Councilwoman Kukowsk.i arriv°d at 9.:30 p.m.), Councilman Hamernik, and ttayor PJee. MEFIBERS ABSENT: None ADOPTION OF AGEP�DA: �10TION by Councilman Hamernik to adopt the agenda as submitted. Seconded by Councilman Fitzpatrick. Upon a voice vote, a]] voting aye, P1ayor Plee declared the motion carried unanimously. PUBIIC HEARIPJGS: PU6LIC HE/IRI�lG OP! FINAL ASSESSP1EPlT ROLL FOR STREET IPIPROVEP1EtIT PROJECT ST. 1976-1: Fi0TI0N by Councilman Starwalt to waive the reading of the Public Hearinn notice and � open the Pub7ic Hearing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, P1ayar Pdee declared the motion carried unanimously and the Public Hearing opened at 7:40 p.m. � � � LJ �4r. Dick Sobiech, Public Works Director, led the discussion statinq several qeneral comments regarding the street improvement project which has been basically completed. However, a performance bond is maintained for� one year and at the end of this time period, a review of the project area is made with the contractor to ensure that everything is properly constructed and the snecifications have been met. He further stated that if anyone had any specific comments renardinn the ir�nrovement, please feet free to contact the Engineering Department. Another comi�ent P�lr. Sobiech made was that for the streets: 53%2 Avenue, 56th Avenue, 57th Place, 60th Avenue, 5th Street, and 6th Street, the final front footage assessment was $14.08 with the side yard footane of $4.20. this was below the preliminary estimate at the Preliminary Assessment Nearinc� of $i7.14. �tayor Nee then commented to the audience that the assessment roll is prepared under a standard formula for distribution of the project and that it is the assessment distribution that the Administration proposes; and therefore, the nurpose of this evening's hearinn was to discuss it with anyone who has an interest and to consider any questions or objections. He then asked if there was anyone present concerned with the following properities: 53'2 Avenue - 7th Street to Pladison Street; 56th Avenue - 4th Street to 6th Street; 5th Street to Highway 694 to 57th Avenue. There was no response to any of these locations. P1ayor Nee then asked about the 6th Street to Nighwav .fi94 to 57th Avenue property and Mr. Richard Leslie, 5671 6th Street N.E., responded. P1r. !es]9e asked the City Council � what the interest was going to be and if it would be prorated. �1r. !lervin Herrmann, Assessor, stated 7z� interest, and the interest is always charged on the remaining balance. He pointed out to P1r. Leslie that on the firs.t year it would give him a fuli year to pa,y, or if he wanted to pay without any interest at all, he would have I to pay within 30 days. P�r. Leslie then raised the question about the driveway, and F1ayor Nee responded that it was figured in the cost. 4fter some discussion, Mayor Nee asked the CounciT if anyone had any questions for Mr. LesTie, and there was no response. � � � ; '.�5 PUBLIC HEARING MEETING OF SEPTEP16ER 20, 1976 . Page 2 Mr. Otto G. Tauer, 359 57th Place then spoke re�ardin9 his concern for the property • located at 359 57th Place, Lots 9, 10, and 11 which measures 120' frontal area. He stated that some problems have arisen on this job because annroxirnately one-half of the 120' was done in 1971 and he purchased the buildin� under a contract at the end of October, 1973, ancJ now the City was assessinn him for the entire 120' and he felt this was unfair since he did not own the property when the first 60' were put in. He further stated that his a9ent called �1r. Hamernik and 41r. Herrmann� and he discovered that the first 60' were put in in 1971 and this was partiaily paid for by a state aid project and reiterated that he should not have to pay for these 60'. Mr. Tauer also stated that when he bought the property, he had the real estate office go to the Fridley City Hall and they said there were no assessments on the property other than $420 which is not concerned with the 60'. He stated that he would like the 60' �aaived. Councilman Hamernik then stated that he did meet with Mr. Tauer and he had expressed his concern regarding this, and Councilman Hamernik agreed that there was a hardship here. P1ayor Plee asked f1r. Tom Cedde, City Attorney's. office, if he would check into this and advise P1r. Hamernik of his findings. P1ayor Nee further commented that there was reason to believe that the City made a minor error in 1971. Councilman tiamernik will review this and bring it back to the City Council in one week. Mayor Nee then continued the discussion and asked if there were any questions regarding 60th Avenue between 5th and 7th Streets and a visitor raised a question regardinc� what footage was being assessed. Playor Nee responded two-thirds of the side lot footage. May.or Nee then asked for any comments reaardinn 5th Street betvieen 60th and 61st Avenues. P1rs. Dolores Keith, 60n1 Fifth Street resnonded to this. She stated that the driveway slope �vas very stee� and anticinated nothin� but �roblems in the wintertime and feels it should be renlaced. r1rs. Keith stated that after several m�nths, the City.informed her that it could not be replaced. Mr. Sobiech stated that another ''�survey of her drive��ay could be made. �1rs. Keith then asked the Cit,y Council if she ! could leave a co�y of a letter she had with the Council renardinn this, and they accepted same. Playor Nee assured P1rs. Keitn that the matter a�ould be checked out in the forthconina week. � , Mayor "Jee then proceeded to the next property for discussion -- 6th Street between 60th and Glst Avenues, and there was no response. He did ask �1r. }ierrmann, howev?r, if the side yard spread is on 7th. P1r. Herrmann responded that it was. P1a,yor Nee then asked if anyone had any cor�r.ients rec�ardinn 7th Street and the side yard spread and there �vas no resnonse. �1r. Dick Sobiech then stated that the remainin� portion in the 1�76-1 Street Improve- ment Project was a new develonment on 712 41ay Pl.E. from Rivervietn Terrace to the east. The front footage rate for this i��rovement was $21.�1. tie further indicated that the Preliminary Assessment Hearing resulted in a direction fror� the Cit,y Council to prepare this assessment roll in a different manner than the normal oolic,y; and based on that policy, certain fi�ures were determined and oiven to the peonle affected by the improvement. Mayor �lee then asked if there was anyone nresent who wished to discuss this matter. f1r. Ed PJovak, 135 79'2 lday �J.E., raised the question about his assessment fiqure of $11,965.�5, and he ��dou?d like to see this reduced to $10,�74. He further pointed out that at the last Council meetin�, the assessment fi�ure was $11,195 and now it ti�as higher. Councilman Fitznatrick stated that froei the information he received from P1r. Sobiech on Friday, Sentember 17th, !1r. f!oval:'s assessment would be $10,924. Mr. Sobiech responded that the �10,9?n finure was correct. �4r. Leif Henriksen, develoner, stated that he developed Alden Circle and wanted to know �ow much his assessment was going to be. At the last City Council meetin�, his assessment was sup�osed to be $n1,969.1�. On P1ay llth, P1r. Henriksen spoke to Mr. Tom Colbert, Assisiant City Enaineer; and P1r. Colbert told him that if he could go into a different curbing in his area, his assessment ivould 90 doivn 557.0. Plavor Plee dsked P1r. Henriksen if the City had not made an a�reer�ent v�ith him: and, Pir. Qureshi, City t1anager, asked t1r. Henriksen if he had the ��reer�ent with hiri. P1r. Henriksen then ,qave the anreement to P1r. Qureshi. Mr. (lureshi nroceeded to ask "tr. Sobiech to qive him the information on the final cost of the nro,iect. f1r. Sobiech �ave the fiaure of $40,In1.28. P�ayor Plee then asked if there were any other �uestions reaardin� tnis, and there was no response. �s � , _ _ � .-- --- - --. ___,__ __ �__ _ _- - ------ - — , � '. � � � � � � � � � � �i 1 �. 6 PUBLIC HEARING MEETING OF SEP7ENBER 20, 1976 Page 3 MOTIO�V by Councilr,�an Fitzpatrick to close the public hearin�. Seconded by Councilman Hamernik. Upon a voice vote, all votin� ave, t1ayor ��ee declared the motion carried ' unanimously and the Public Hearin� closed at 8:17 p.m. PUBLIC HEARItlG ON FItIAL ASSESSPIEPlT ROLL FOR SAPIITARY SEI�IER, Ni4TER, AP!D STORM SENIER IHPROUEF1ENT PROJEC7 N0. 119: t10TI0N by Councilman Fitzpatrick to waive the readin�t of the Public Hearing notice and open the Public fiearinc�. Seconded by Councilman Har�ernik. Upon a voice vote, all voting aye, ttayor �lee declared the motion carried unanimously and the Public Hearing opened at 8:18 p.m. , Mr. Sobiech, Public lJorks Director, led the discussion re�ardin� the sanitary sewer, water and storm sewer ir�provement project in Lots 30 to 36, and the fienriksen Addition; and as indicated from the previous hearin�, the costs based on previous agreer�ents with the property owners in the area, the finai assessment roll is below what v�as originall,y indicated. tlayor Nee thFn asked if anyone had any questions regarding this. t1r. Richard Smallwood, 7180 East River Road, resoonded with a question ' as to how much he and his next door neinhbor would have to pav. Pir. flerrmann, Assassor, quoted a total figure of �1,300. P1r. SmaTlwood then asked when someone would be coming out from the City to repair his lawn since it was damaned when the City put in an easement to finish off the curb around the cul de sac, tia,yor tlee assured ; Mr•. Smallwood that it wouTd be tak.en care of. � Ptr. Dan Harvieux, 7210 East River P,oad, asked for a definition of water services i and se�ier services. P1r. Sobiech then aave him the definitions. !1r. Harvieux further stated that he too had his property damaaed similarly to !1r. 5mallwood. Also, there is a tree approximately 60 feet tali betareen P1r. Sr�allatoad's and his house ' which was nicked by the same shovel that went across their lawns, and now the tree is ; dyinn. �1ayor P�ee then asked �7r. Harvieux if he wanted the tree taken out, and he said he did. Mr. Harvieux and P1r. Smallwood stated that they contacted the City's Naturalist, who confirmed the tree was dyin�. P4ayor P1ee sugnested that they give it a year to make certain that it �s dyina. He then asked what the City's position is on th�s, and P1r. (?ureshi, City flanager, stated that the situation would be reviewed. P•1r. Harvieux proceeded to ask what the assessment figures were on the property at 7210 East River Road, and P9r. Herrr�ann responded $2,687.27 includinq sewer and water. � _ t1r. Don Neilson, 115 - 71'2 ylay N.E., spoke about his concern for �etting mail service and v�hether or not there was going to be snow removal. He further added that he and the neighbors have to go on nrivate property to oick up their mail. t1r. Sobiech responded that the mail service could be notified with indication to them that this was now a public city right-of-N�ay and will be maintained and plowed; and they should supply mail service there. P1ayor �lee then su�gested that the,y would try to get in touch with the Post Office and resolve the mail service problem. MOTION by Councilman Fitzpatrick to close the Public Hearin�. Seconded by CounciTman Starwalt. Upon a voice vote, all votin� aye, flayor Plee declared the motion carried unanimously and the Public flearina closed at 8:26 p.m. PUBLIC HEARING OPJ FINAL ASSESSP1EhlT ROLL FOR 1976 SERVICE COPIPIECTIO�(S: P10TIOP! by Councilman Fitzpatrick to waive the readinn of the Public Hearinq notice and open the Pubiic Hearing. Seconded by Counciiman Hamernik. Upon a voice vote, all voting aye, P1a,yor PJee decTared the motion carried unanimously and the Public Hearing opened at 8:27 p.m. Mr. Leif Henriksen, 6434 Riverview Terrace, stated that he and his next door neighbor put in the sewer, the water and the street, and they paid for it. He further stated that they gave the City a11 the information i.e., checkstubs, etc.; and the City informed them that it would be taken off and they alould not have to attend this evening's meeting. There was a misunderstandina, as the City thought they had not paid for the services and that they would be assessed. r1(?TIOP1 by Councilman Fitzpatrick to close the Public Hearinn. Seconded by Councilman Starwalt. Upon a voice vote, all votin� aye, �1ayor Nee declared the motion carried unanimously and the Public Hearing closed at 8:3�1 p.m. 1 '� r! PUBLIC HEARING P1EETING OF SEPTEf18ER 20, 1976 Page 4 PUBLIC HEARING ON PRELIMINARY PLAT SUBDIUISION P.S. �!76-d6 BY REAL ESTATE 10; HILLtdIND ADDITIOP�> GEP�ERALLY LOC TED AT 941 HILLWIPlD ROAD Pl.E.: MOTION by Councilman Starwalt to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Cauncilman Hamernik. Unon a voice vote> all voting aye, Mayor Nee declared the motion carried unani�ously and the Public Hearing opened,at 8:35 p.m. � Mr. Dick Sobiech, Public t•Jorks Director, discussed the matter stating that this is a plat to better describe a portion of what was previously Lot 4, Auditor's Sub- division No. 25. The petitioner would like to develop this parcel af property that is currently zoned R-3 multiple dwelling, and he intends to construct a single family dwelling on the property. P1r. Sobiech also stated that the Planninn Commission at a Public Heai°ing of July 28, 1976, did recommend to the City Council approval of the plat with the stipulation that an easement be obtained, h1r. Don Bratt, builder, stated that the easement for the sewer has been obtained. P1r. Sobiech then mentioned that the petitioner would also like to get his buildin� permit approved. ' MOTTON by Councilman Fitzpatrick to close the Public Hearinn. Seconded by Councilr�an � Flamernik. Upon a voice vote, all votinn aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 8:38 p.m. MOTION by Councilman Starwalt to approve the final plat of Hill��ind Addition. Seconded by Councilman tiamernik. Upon a voice vote, all votinn aye, h1ayor Plee declared the motion carried unanimously. PUBLIC HEARING OM VACATIO�! REQUEST STREET AP�D ALLEY VACATIOM S/IV #76-0�{ BY KAREPJ MESROBIAN: UNIMPROVED ALLEY QETt�lEEP1 LIBERTY STREE APlQ ELY STREET: NIOTICy by Councilman Hasnernik to ti:�.�ive the reading of ine Public Hearinq notice and open the Public Hearing. Seconded by Councilman Starwalt. Uoon a voice vote, all voting aye, Mayor NEe declared the motion carried unanimously and the Public liearing opened at 8:39 p.m. Mr. Dick Sobiech stated that this was a request for vacation of an unimnroved ailey and that there was a le.ngthy discussion at the Planninq Commission meetinn of July 14, 1976. After receiving several petitions and comments from the residents in the area, the Planning Commission made a motion to Council for denial of the request for vacation, but there was a three to three vote on that motion; therefore, the Planning Commission passed the item without recommendation. Mayor Nee stated that several letters have been received on the matter. MOTION by Councilman Fitzpatrick to receive the letters. Seconded by Councilman Starwalt. Upon a voice vote, all voting a,ye, hlayor Plee declared the motion carried unanimously. Mayor Nee then asked the audience who was present to discuss the matter and P1r. Charles M. Sprafka, 28U Ely Street Pl.E., stated that he was in favor of closing off the alley for several reasons, i.e., safety, appearance of the alley, and if the dlley was vacated, they wou]d improve it. Mayor Mee then asked hir. Tom (;edde, City Attorney's office, if he would check into the legal ri.crhts of the alley. �1r, Darrell C. rJystrom, 248 Ely Street PJ.E. then proceeded to show the City Council a photograph of his home and stated that his was the only house on a hill on the block with no access to his back yard. He would like to have the alley left open. �1s. Judith A. Zukowski, 249 Liberty Street N.E., then spoke statinq that she and others would like the ailey left open, and based this on the fact that all the owners were aware when they bought their homes that the alley was unimproved. Mr. Azad P4esrobian, 298 Ely Street N.E., further commented on the matter stating that he realized the fact when he purchased his home the alley was there. However, he now feels that the current problems he and others are havina, were not anticipated at that time. He also strongly felt that the ailev was an unnecessary hazard their children were being subjected to. Mr. t•1arvin Hietala, 239 Liberty Street P�.E., stated that he was opposed to the a11ey being vacated. Since the area was desianed approximately thirty years ago and it had the alley in the plans at that time, he questioned why permits were issued in the first place if tt�ere was no room to aet into the back yards. , �� II � • i , � � i � � � � I.�i � � � � � � �. � I � l � � .t � �� z�� PUBLIC NEARING t1EETItlG OF SEPTEPIQER 2a, 1976 Page 5 Mr. Donald Hoff, 215 Liberty Street N.E., stated that he would lil:e to have the alley left open as it was the only access to the back yard. ttrs. Janet Hoff, 215 Liberty Street N.E., then commented that she was in favor of the alley being left open. She further stated that when she utilizes her back yard, there is a minimal amount of traffic; and also the fact that the alley, if left open, would be accessible for boats and campers. F1r. Gene Bronski, 225 Liberty Street PI.E., briefly stated that he would like to have the ailey ieft open. Councilman Fitzpatrick stated that he has a map prepared, althouqh not with him, with those for and against the issue; and it aopears that the neoale v�ho oppose the fssue certainly feel much stronper at least in nur�ber, than those in favor. �tr. Ken Brustad, 272 Ely Street P1.E., commented that he believed the aTley shouid be closed, as it is nothing but a nuisance. P•1r. N. Vla]ters, 262 Ely Street Pl.E., stated that he has access in the front and back and has used the a]ley for over thirty years and stronnly believes the alley should be left open. Mr. Tom Gedde, City Attorney's office, then stated that he just had a brief discussion with �4r. Qureshi; and since it was apparent that some of the �eople need the alley to have access to their garage and if this were the case, then perhans the City would be liable. He said he would submit a more detailed report on the matter. Playor Nee then asked if the Engineering Department wouid provide a more detailed report as well. , tts. Sharon P1. Plystrom, 248 Ely Street P�.E., then commenied that she wouid like the aTley � left open as she has a garden in her back yard and with the alley bein� left open, it is more accessible to do any work back there. She also believed that there were no kids who had driven minibil;es in the alley. � C� P1rs. Yaren t1esrobian, 298 Ely Street N.E., responded that the minibikers come from other neighborhoods and go throunh the alley unaware of the chilren and so�etimes, as fast as 40 m.p.h. � �1ayor Nee then asked tf there v�ere any other corr�ents, and hearinn no response, stated that the City Council 4�ili not act on the matter in question this evening as it is a pubTic hearing. However, the matter wi11 be on the a�enda for next Clonday evening, September 27, 1976. Fi0TI0hd by Councilman Fitzpatrick to close the Public Hearing. Seconded by Councilman StarN�alt. Upon a voice vote, all voting aye, Playor Plee declared the �otion carried unanimously and the Public Hearinn closed at 9:�5 p.m. PUBLIC HEARING OP! 1977 BUDGET APlD OPI EXPE�;DITUP,ES TO QE P1ADE FP,OF1 REVEPlUE SHARING FUPJDS: MOTIOf� by Councilman Fitzpatrick to �•�aive the reading of the Public Hearinq notice and open the Public Hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, and the Public Hearing � opened at 9:46 p.m. PUBLIC HEARING ON BUDGET: � � Mr. Qureshi, City Manager, stated to the City Council that he wouid give a brief review of the budget as submitted. The nronosed budqet �rovides for an estimated mill rate of 1n.66 which is a minor reduction from �he 14.76 actual r�ill rate for 1976. He i further mentioned that this was an estir�ated fiaure Decause they do not get the final � evaluation fror� the County before the end of the year because of the fiscai disparity law. It is an estimated figure and �enerally in the past, the City has been able � to come fairly close to it. Also, the mill levy will raise anoroximately 51� of the � budget, h9q will be financed by inter-governmental aids, City's char�es for services, ; fines, licenses, and other miscellaneous items that we have. He further stated that � � he wished to point out to the City Council on the revenue side the numerous recreation fee, licenses and permit fees, and the char9es have been increased. These charges are � reflected on the revenue side for ]977. t1r: Qureshi referred to the budget stating � � � PUBLIC HEARING MEETING OF SEPTEtABER 2.0, 1976 I�9 �.� Page 6 � it showed a figure of over $200,000 for revenue shariny, and it was in the hepe that the revenue sharing will be extended in 1977. He further pointed out that if the proposed budget is accepted by the City Council, they were levying approximately 14.07 mills for general operations; .26 mills.for retiring Civic Center bonds which are still running, and .33 mills for the Capital Improvement Fund, making a total of 14.66. Therefore, the general fund operations mill rate would be a little over 14 mills. In a review of the budget this year, $8,000 is being provided for human services, $5,000 in the Park and Recreation budget and $3,000 provided in the Community Development budget. Also, there is a provision for $6,000 for next year for community celebration funds. P1ayor Nee then asked Mr. Qureshi if the new budget was basically the same as in the past and he responded it was H�ith slight modifications. Mayor hee briefly stated that as a matter of information, the administration has been moved in the direction of program base budgeting in which they attempt to identify the real cost of the various services that the Cit,y provides. He further added that he believed this to be a very well analyzed budget. He asked for a;�y corranents on the subject, and there was no response. Mayor Nee rr�entioned that the documentation of the budget was available at the podium. REVENUE SHARING FUNDS: Mayor Nee then asked to move on to the use of the revenue sharing funds which are over $200,000. PM1r. Qureshi proceeded to discuss the matter stating that we anticipate the half year payment in 1977 if the program was not extended by Congress, this would force the City to draw on the reserve money we carry for the City's operations. Also, it would potentia'Ily strair. our contingency fund area. He further stated that a review has been given outlining revenue sharing covering pi°ograms which would give approximately $3,100 to the Finance Department, $41,780 to the Police Department, �4,138 to ti�e rire Department, F9.96U to Conununity ueveiopment, $1t,900 to the Civic Center, $1,195 to Engineering, $48,150 to Public Works Naintenance, $52,437 to Parks, and $27,835 to the Naturalist Department. Mayor Plee then asked if there were any guestions from the City Council or anyone else on the matter, and there was no response. MOTION by Councilman Starwalt to close the Public Hearing. Seconded by Councilwoman Kukewski Upon a vaice vote, all voting aye, Mayor �ee declared the mo*,ion carried unanimously and the Public Hearing closed at 10:14 p.m. OLD SUSINESS: CONSIDERATION OF VARIAMCES REQUESTED BY M& I SUPPLY COMPANY, IP1C., 6(l05 UNIVERSITY AVENUE N.E. TABLED 9/13/76 : Mr. Wayne Denson, the contractor with Shepherd Construction, stated that the Appeals Commission granted the requests for variances with stipulations, and they have been agreed to. Mr. Tom Gedde, City Attorney's office, stated that he and Cowncilman Hamernik, prior to the meeting, discussed the criteria for granting variances generally and also whether or not stipulations could be attached to the variance. He further commented that the first consideration for the Council is to determine whether or not there are circumstar�ces unique to the particular preperty, such that the strict enforcement of the ordinance would create an undue hardship to the property owners. In addition, the granting of the variance should not be unduly detrimental to tiie public welfare or injure other property. Mayor Nee then asked Mr. Gedde if, in his opinion, there was an area that could be �i considered a valid hardship. It was Mr. Gedde's feelings that the fact that there could be an economic hardship to a particular property owner, if he or she is unable to expand, is not necessarily a unique circumstance. Mr. Benson then commented that the hardship would be the possibility of M& I not being� able to buy on a large volume basis, and the storage is needed for that purpose, and the inconvience and hardship would fall upon the people who use the services of M& I. Also the hardship of the employees who live in Fridley who would have to drive elsewhere to be able to still work at ^1 & I should M& I be compelled to move to larger quarters. . � � � � � � � � � ,� I � � � � � � r 150 PtJBLIC HEARIN6 MEETING OF SEPTEMBER 20, 1976 Page 7 Mr. Barker, who lives behind P1 & I Supply, Co., Lots 14 and 15, was present and stated that he would not like to see the buildin9 expanded. f1r: Benson then asked �1r. Barker how Tong he intended to live at his residence and he responded approximately for one more year. Councilman Hamernik stated that atthouah the City appreciates Mr. Goldstein's business for the past sixteen years, however, the property owners situation should also be considered. (This item was discussed further after the recess.) RECESS: Mayor Nee called a recess at 10:20 p.m. RECONVEPIED: Mzyar Nee reconvened the meeting at 10:45 p.m. (M & I Suppiy Compan , Inc. Variance Request Continued) Councilman Hamernik then stated that after much consideration he feels that the landscaping improvements to the area are going to be of some benefit aesthetically and the property will not be devalued. In addition, one of the unique or at least unusual circumstances of the praperty owned by M& I is that aithough it is zoned cor�merciai, the size of the lot is minimaT when compared to most commercial lots in Fridley. Therefore, to require M& I to abide by normal set back requirements on a minimum size lot would cause an undue hardship and reduce the value of the property as a commercial property. Further, the stipulations imposed on the granting of the variance will prevent significant adverse effect on t.he value of adjoining properties and that more harm would be done to the subject property by refusing to grant the v�,riance than will be done to the neighboring properties by granting the variance. MOTION by Councilman Hamernik to grant the variance as per the recommendations of the Appeals Ccmmission with stipulations as stated, with the addition of stipulation tlo, 3 requiring a mansard on the west and south sides of the building, stioulation Wo. 4 that there be a six foot high fence and the plantinas as noted on the submitted plan of September 13th, 1976 by,t1 & I; and No. 5 that the outside develonment and landscapino be completed by July 1, of 1977. Seconded by Counciivroman Kukowski�. Upon a voice vote, aTl voting aye, Mayor Nee deciared the motion carried unanimously. Mayor Nee then asked to take Item No. l0 on the agenda next. SIDERATION OF SECOND READING OF AN ORDIfJANCE PERTAINING TO REGULATIONS PROHIBITING TAIN CONDUCT IN PREMISES LICENSED TO SELL IfJTOXICAI"ING LIQUOR AND NON-INTOXICATING T LIQUOR IV�— ENSES - CAfJiEBURY PlJB (TABLED 9/13/76?: Mayor Nee then stated that the first item is the consideration of second reading. However, he further stated that it would be in order to make a motion to receive a letter from the Reverend McChesney. . MOTION by Councilwoman Kukowski to receive the letter from Reverend McChesney, dated September 20, 1976. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee then continued with the consideration of the second reading of an ordinance and asked if there was ar,yone who wanted to comment on it, Mr. Robert Shimanski then commented that he believed for the BurnsvillF Ordinance to be imposed wouid be very strict, s�ince Fridley has had no ordinance and to adopt this would be going from one extreme to another. Mayor Nee asked P1r. Shimanski if he had something specific he wanted to mention concerning this and Mr. Shimanski responded that he would like to be able to have dancers at the Canterbury Pub twv nights per week. Ptayor PJee then asked the Council if the ordinance had been circulated, and Councilman Fitzpatrick stated that he believed anyone who had a liquor license would be interested in it. Mayor Nee commented that he was not sure if this was a good ordinance for Fridiey or not. Councilman Fitzpatrick stated that he felt it was a very serious matter when there is � PUBLIC HEARING MEETING OF SEP7EF16ER 20, 1976 Page 8 � �1. an ordinance to consider and it is constantly seen with a particular application. �layor Nee stated that there was really no problem in qranting the license application on this matter and continue io work on the ordinan�e. Councilwoman Kukowski questioned if � perhaps, the ordinance could be discussed t'urther ir one of Lhe Council's discussion groups. ' MOTION by Councilman Starvralt to continue consideration of the ordinance until the next j public hearing, October 18, 1476. Seconded by Councilman Fitzpatrick. Upon a voice � vote, all�voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Hamernik to approve the license applicatiors for the Canterbury Pub. Seconded by Councilwoman Kukowski. Upon a voice vote, all votin� aye, P1ayor Nee declared the motion carried unanimously. PJE41 BUSINESS: CONSIDERATIOPJ OF STATEMENT OF CA�lVASS OF SEPTE�IQER 14, 197E PRIr1ARY ELECTION: P10TION by Councilman Fitzpatrick to adopt the Statement of Canvass. Seconded by Councilman Hamernik. Upon a �roice vote, ali voting aye, Mayor P�ee declared the motion c«rried unanimously. Mayor Nee asked the City Courcil to please sign the canvass after the meeting this evening. COPlSIDERATION AF A REQUEST TO PUT UP AN IfIDUSTRIAL DISPLAY TEPJT IN WEST PARKING LOT, BY ONAN COR?ORATION: MOTION by Councilman Starwalt to approve the request for a display tent. Seconded by Councilwoman Kukowski. !Jpon a vc�;ce vote, all votinn a��e, tlayoo- s;ee declared the motion carried unanimously. RESOLUTION DlO. 96-1976 - COMFIRP1ING ASSESSt1EPJT FOR 1976 4!/1TEP, APlD SEWER PIAINS, LATERALS, AfVC SERVICE CONNEC?IOP1S: � — -�— MOTION by Councilman Fitzpatrick to adopt Resolution P1o. 96-19�6. Seconded by Council- a�oman Kukowski. Upon a voice vote, al1 votincl a,ye, Mayor Plee declared the motion carried un�nimously. RESOLUTION tr'0. 97-1976 - COfIFIP.MIPJG ASSESSh1ENT FOR SAPlITARY SEWER, WATER, AND STORf1 SEWE--R I�ROVEP7ENT PR�JJECT P10. 119: MOTIOPI by Councilman Fit2patrick to adont Resolution PJo. 97-1976. �econded by Council- � woman Kukowski. Upon a voice vote, all voting aye, P1ayor Plee declared the r.�otion carried i unanimously. CO�JSIDERATIO(J OF A RESOLUTION COPIFIRP1IfJG ASSESS�1ENT FOR ST. 1976-1 STREET I�1PROVE�IENT PROJECT: MOTION by Councilman Flamernik to table consideration of the resolution until the next Council meeting. Seconded by Councilwo!�an Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. f CONSIDERATION OF ADVISABILITY OF CHANGES IN WAP,D AND PRECINCT BOUfdDARIES: Mr. Marvin Brunsell, Finance Director, stated that he did not want to return this to � the State of Minnesota without some action from ihe City Council one way or the ' other, meaning leaving the precinct boundaries the way they are now or with some changes. He also stated that it must be done quickly. If we did re-district now, he could not see how it could be done on the basis of population as there is no way a � census could be taken in thirty days, since this is all the time allowed to work on it. i � MOTION by Councilman Starwalt to leave Y,hr_ ward and precinct boundaries as they are. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. VISITOR, MRS. SHIRLEY ERWIN, PROBLE�1 OF TRESPASSERS: Mayor Nee asked if Mrs. Erwin wanted to address the City Council at this time. � , l . � , � . � � � I I � e � >- 152 PUBLIC HEARIPZG �1EETING OF SEPTEMBER 20, 1976 Page 9 Mrs. Shirley A. Erwin, 2518 Dupont North, f1inneapolis, then sooke to the Council regarding a specific problem regardinn a ne�r cor�plex called the Rice Creek Townhouses. They are located at 69th Avenue and County Road H, on the borderline of Anoka County (Fridley) and Ramsey County (New Brighton). P1rs. Ery�in's in-laws have owned the property on the New Brighton side since 1929. They have five acres that take up part of the Rice Creek area. Rice Creek on the Fridley side is presently zoned for a park and the part on the other side of the boudary is private property owned by �1rs. Erwin's in-laws. H�r father-in-law and brother-in-law have problems with the renters in the apariment complex (Rice Creek Townhouses) and were assaulted. She further mentioned that the tenants do not seem to understand that they are trespassing, as her in-laws side of the boundary is private property. Councilman Starwalt asked P1rs. Erwin if she has �resented any letters or legal documents to the City and she responded that she has not. �9r. Qureshi, City F4anager, stated that it appears to him that perhaps the people do not know where the boundary line ends and the private property starts. !9rs. Erwin fur±her stated that before she pursues legal representation, as was suc�qested by Councilman Starwalt, she is going to send certified letters Lo the owners, managers, and caretakers of the complex and see if she could resolve the problem that way. INSURANCE SPECIFICATIOPlS: P1r. Plarvin Brunsell, Finance Director, asked the Council if anyone had any coirgnents on ' the insurance specifications and bidding prices. Mayor tlee proceeded to ask Nr. Brunsell if he needed to employ the consultant now and he responded that he did not. However, the bids would be coming in around the 20th of October. Councilman � Fitzpatrick asked P1r. Brunsell how often did this occur and he res�onded, every three years. Councilman Starwalt questioned whether Council could wait on this and see What the bids look like and then decide. P1r. Brunsell staied that he thouaht the bids could be received and perhaps not award them for a week or two. He further cammented � that his office can analyze the bids and give their recommendation. Mr. Qureshi summarized the discussion by stating that they are going to nroceed, and i�` there is a ' r�ed for the consultant, they will come back. CHARTfR AP7E�lDMEfITS: t1r. Qureshi then commented on the Charter amendments statina to the Council that there ; • was a first reading on the amendments and he believed there was a desire on the part of the Charter Commission to get some feedback from the Council. He then asked t1r. Brunsell if there was a need for publication and can it be done. P1r. Brunsell responded it would have to be next week, however, he beTieved it was really too late to get anything on this ballot. Mayor Nee stated that he met with P1r. Ray Sheridan and P1r. C1iff Ash in an effort to avoid putting all the sections on the batloL. He aTso Suggested to them that he would not object to adopting the ordinance. He did not know if the Charter Commission was going to adopt it. P1r. Qureshi stated that the Charter Commission has adopted it, and that information wiil be available next Rtonday. He added that he just wanted to bring the matter to the Council's atzention. ADJO(lRM41EPlT: �10TIOPJ by Counciiwoman Kukowski to adjourn the meeting. Seconded by Councilman � Hamernik. Upon a voice vote, all votincl aye, P1ayor Plee declared the motion carried unanimously and the Public Hearing meeting of the Fridley City Council of September 20, � 1976 adjourned at 72:15 p.m. � � � I� � Respectfully submitted, Dorothy C. Green Secretary.to the City Council Approved: Wi 11 i am J. Plee F•9ayor 1 MEMO T0: NASIM QURESHI, CITY-MAN�GER, AND CITY COUNCIL FROM: MARVIN C. BRU�lSELL, ASSISTANT CITY MANAGER/FINANCE DIRECTQR SUBJECT: FINAL ASSESSMENT ROLL FOR THE ST. 1976-1 STREET IMPR�VEMENT PROJECT DATE: SEPTEMBER 13, 1976 On the atiached pages you wiil find the final asse�sment roil for the ST. 1976-1 Street Improvement Project. This proj�ct involves the improvement of the street surfacing, curb and gutter, water and sevrer service, and incidental storm sewer work. A summary of the costs follows: 532 AVENUE, 56TH AVENUE, 57TH PLACE, 60TH AVENUE, 5TH STREET, AND 6TH STREET The front foot assessment rate including curbing is $14.08 per foot. The s�de-yard assessment rate includir,g cur�ing is $4..•'0 per foot. One water and sewer service was put in at a cost of �514.39. 712 WAY, ALDEN WAY, AND ALDEN CIRCLE This roli was prepared assessing only on a front-foot basis. This is in accordance with decisions made by the Council a�: the meeting of April 5, 1976, at the time the contraci was awarded for Sewer, Water, and Storm Sewer Improvement Project Na. 119 affecting this same�area. The front foot assessment rate including curbing is $21.81 per front foot. MCB ps � ' . •-� � � � CITY OF FRIDLEY ANOKA COUNTY, MINNESOTA NOTICE OF HEARING OF ASSESSMENT ST. 1976-1 STREET�IMPROVEMENT PROJECT Notice is hereby given that the Council of the City of Fridley will meet at � the City Hall in said City on the 20th day of September � �976� at 7:30 o'clock P.M., to hear and pass upon all objections, if any, to the - proposed assessments in respect to the following improvement, to-wit: L� ST. 1976-1 STREET IMPROVEMENT PROJECT The proposed assessment roll for each of said improvements is now on file and � open to public inspeciion by ail persons interested, in the office of the Clerk of said City. � ' � r � � , � L� At said hearing the Council will consider wriiten 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 of street improvements including grading, s�abilized base, hot-mix bituminous mat, concrete curb and gutter, storm sewer system, wa�er and sanitary sewer services and other facilities located as follows: �5�'2 Avenue 56th Avenue 57th P1ace 60th Avenue 5th Street 5th Street bth Stree� 6th Street 71 2 Way 7th Street to D9adison Street 4th Streei to 6�h Street 4th Street to 7th Street 5th Street to 7th Street I. H. No. 694 to 57th Avenue 60th Avenue to 61st Avenue I. H. No. 694 to 57th Avenue 60th Avenue to 61st Avenue Riverview Terrace to the East (Henriksen P1at) The area proposed to be assessed for said improvements and each of them is all that land benefited by said improvements or each of them and lying within the general area above noted. 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 rece�ved. A property owner may appeal an assessment to the district court by serving notice of appeal upon the City Mayor or Clerk within twenty (20) days after adoption of the assessment and filing such notice with the district court within ten (10) days after service upon the Mayor or Clerk. DATED THIS 16th DAY OF August , 1976, BY ORDER OF THE CITY COUNCIL OF THE CITY OF FRIDLEY. ATTEST: � CITY CLfRK Marvin C. Brunsell � Publish: Fridley Sun on September 1 and 8, 1976 MAYOR William J. Nee lA MFMO T0: NASIM QURESHI, CI7Y MANAGER, AND CITY COUNCIL FROM: MARVIN C. BRUNSELL, ASSISTANT CITY MANAGER/ FINANCE DIRECTOR SUBJECT: FINAL ASSESSMENT ROLL FOR SANITARY SEWER, WATER, AND STORM SEWER IMPROVEMENT PROJECT N0. 119 DATE: AUGUST 27, 1976 Sanitary Sewer, Water, and Storm Sewer Improvement Project No. 119 involves the installation of sanitary sewer and water iaterals and services and storm sewer in the area of Lots 30 to 35, Auditor's Subdivision No. 77 and the new Henriksen Addition located on 712 Way, Alden Way, and Alde� Circle North- east. 7he water and sewer lateral assessment roll has been prepared on a front-foot basis. The water and sewer services have been assessed to the lots which they serve. In preparing the assessment roll for the storm sewer portion of this project, credit has been allowed for any previous storm sewer assessment done und�r a pr�or improvement preject. � A brief summary of the assessment rates for each portion of the improvement follows: WATER AND SEWER LATERALS ANQ SERVIGES The assessment rate for the sewer laterai is $10.05 per foot. The assessment rate for the �ater laterai is $9.7i per foot. The assessment rate is $144.49 for each sewer serv�ice. The assessment rate is $270.38 for each water service. STORM SEWER Th2 assessment rate for the storm sewer i� $4.43 per 100 square feet of area minus credit for any previous storm sewer assessment. MCB ps .2 z� CITY OF FRIDLEY ANOKA COUNTY, MINNESOiA NOTICE OF HEARTNG OF ASSESSMENT FOR SANITARY SEWER, WATER; AND STORM SEWER IMPROVE- MENT PROJECT NQ. 119 Notice is hereby given that the Council of the City of Fridley will meet at the City Hall in said City on the 20th day of September , 1976, at 7:30 o'clock P.M., to hear and pass upon all objections, if any, to the proposed assessments in respect to the following improvement, to-wit: SANITARY SEWER, WATER, AND STORM SEWER IMPROVEMENT PROJECT N0. 119 The proposed assessment roll for each of said improvements is now on file and open to public inspection by all persons interested, in ihe office of the Clerk of said City. At said hearing the Council wi11 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 of water mains, sanitary sewer, laterals and service connections, and storm sewer and appurtenances located as follows: Lo�s 31-35, Revised Auditor's Subdivision No. 77 (which includes the proposed Henriksen P7at) and 1_ot 3, Block 1, Mississippi View Addition. The area pro�osed to be assessed for said improvements and each of them is all that land�benefited by said improvements or each of them and lying within the general area above noted. Said improvements will be assessed against the properties within the above noted areas in whole or in part proportionately to each of the 1ands therein contained according to the benefits received. , A property owner may appeal an assessment to the district court by serving notice of appeai upon the City h'ayor or Clerk within twenty (20) days after adoption of the assessment and filing such notice with the district court within ten (10) days after service upan the Mayor or Clerk. ' DATED THIS 16th DAY OF August , 1976, BY ORDER , OF THE CITY COUNCIL OF THE CITY OF FRIDLEY. � ATTEST: � ' ' MAYOR William J. Nee CITY CLERK Marvin C. Brunsell Publish: Fridiey Sun on September 1 and 8, 1976 3 MEMO T0: NRSIM QURESNI, CITY MRNAGER, AND CITY COUNCIL FROM: MARVIN BRUNSELL, ASSISTAfdT CITY MANAGER/FINANCE DIRECTOR SUBJECT: FINAL ASSESSMENT ROLL FOR THE 1976 SERVICE CONNECTIONS DATE: AUGUST 26, 1975 The lateral charges made under this assessment roll are made under the auihority provided in Ordinance No. 1T3 and under Resolution No. 86-1962. Each of the properties have cannected onto City water or sewer without having paid a lateral charge. Water and sewer services were constructed to three properties for which no agreement was signed. These services were put in by the City because new streets were also put in, and the City policy is that no new street surfacing may be disturbed for ihe first five years to put in services. The three pra�erties are Part of Lot 7, Parcel 380, Subdivision of Lot 10, Audi�or's Subdivtsion No. 94; Lot 1, 6ic,ck 1, Carl Peter�son Addition (a Tax Forfeit li�t which is •_.for sale); and Outiot 1, Nutberg Addition. Water and sewer Tateral charges were placed on Lot 2, 61ock T, and Lot 3 and West 15 feet of Lot 4, Block 1, in Veit's Addition. This was one of the stipulations 6y the Council in granting permission to file this new plat. All other properties involved have signed an agreement agreeing to the principle of these lateral charges. This assessment is figured in two ways, either using today's average lateral charge, or using ch�rges that were �evied in the general area at the time the lines in question were installed, plus accrued interest to the present time. The assessment rate used on the affected property is the lower of the above two formulas. MCB ps � , � , ' � � , CITY OF FRIDLEY ANOKA COUNTY, MINNESOTA NOTICE OF HEARING OF ASSESSMENT FOR WATER AND SEWER MAINS, LATER�LS, AND SERVICE CONNECTIONS Notice is hereby given that the Counci] of the City of Fridley will meet at fihe _ City Hall in said City on the 20th day of September , 1976, at 7:30 P.M. to hear and pass upon all objections, if any, to the proposed assess- ments in respect to the following improvements, t4-wit: 1976 WATER AND SEw'ER MAINS, LATERALS, P.ND SERVICE CONNECTIONS NOT HERETOFORE FUR�ISHED AND AVAILABLE Th� proposed assessment roll for each of said improvements is now 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 propose� assessments for each of said improvements. 1 The generai nature of the improvements and each of them is the construction and furnishing Of S°Yr'�r �d1�S, latera�s, and service connecticns, <�nd water mains, �later�a''s, and service connections in and to the properties, as follows. Part of Lots 6 and 46, Parcel 1650 Lot 14, Parcel 2020 Parcei 700 Part of Lot 7, Parcel 380 East 90' of West 107' of Lot 14, Parcel 920 East 80' of West 187' of Lot 14, Parcel 925 Lot 1, Block 1(TRX FORFFIT) E. 75.5' of Lot 3, Block 1 Lot 6, Block 1 Outlot 1 Lot 10, Block 32 Lot 30, Block 9, and South one-half of vacated 47th Avenue Lot 2, Block 1 Lot 3 and �'est 15' of Lot 4, Block 1 �ots 3 and 4 Lots 5-10, Block E Auditor's Subdivision No. 77 Auditor's Subdivision No. 77 Auditor's Subdivision No. 79 Subdivision of Lot 10, Auditor's Subdivision No. 94 Auditor's Subdivision No. i29 Auditor's Subdivision No. 129 Carl Peterson Addition Froid's Addition Hutberg Addition Nutberg Addition Nyde Park Rddition Plymouth Addition Veit's Addition Veit's Addition Marion's Terrace Addition River View Heights Addition 3A The area proposed to be assessed for said improvements and each of them is all that land benefited by said improvements or eacri of .them and is the same as those iisted above. ' . • . Page 2, NOTICE OF FIEARIP�G OF ASSESSMENT FOR WATER AND SEWER MAINS, LATERALS, AND SERVICE CONNECTIONS 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 THE CITY OF FRIDLEY THIS DAY OF Auqust , 1976. ATTES?: 16th MAYOR William J. Nee CITY CLERK Marvin C. Brunsell Please publish in the Fridley Sun on September 1 and 8, 1976 r�� I � ;1 , � � �J � , C� ' ' , ' � , OFFICIAL NOTICE CTTY QF FRIDLEY Pl1BLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT h1AY CONCERN: Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 Univer- sity Avenue Northeast on Monday, September 20, 1976 in the Council Chamber at 7:30 P.M. for the purpose of: Consideration of a Final Plat, Hillwind Addition, P.S. #76-06, by Bratt-Palei� Builders, a replat of a11 that �art of Lot 4, Auditor's Subd�vision No. 25, described as beginning at the Northeast corner of said Lot 4, then��e West along the North line of said Lot 4 a distance of i593.96 feet to i:he actual point of beginning of the land to be hereinaTter described; thence South 1°05'19" East 87.9 feet, thence West 2i2 feei along the South iine of said Lot � to the Northeasterly right-of-way lin2 of the outer drive o�i State Trunk Highway No. 100; thence Northwesterly along the Northeasteriy right of way line of said outer drive to a point on the North line of said Lot � disi;ant 1857.90 feet West from the Northeast corner of said Lot 4, thence South 89°59'S8" East along said North line to the actual point of beginning, lying in the South Half of Section 24, T-30, R-24, Ci1:y of �ridley, Couniy of llnoka, Minnesota The purpose of the replat is to clarify the legal descriptior� of a buiiding site generally located at 941 Hillwind Road N.E. Anyor�e desiring to be heard with reference to the above matter will be heard at this meeting. Publish: September.l, 1976 September 8, 1976 WILLIAM J. NEE MAYOR 4 . _ __ _ _ _ _ __ _ . , . �` �f `�.,, ' �. , � • __ _y i ' "• ,,�; =�.• �1,�'',�, . HTLLWIND ADDITION PS 76 � I � .� , , �. -- : P ,� .-:�,� , � A . '� �'. I % r {. � I •' 0 � I W //9 CORA'fR � . ' ' ` � , , � j . � � I � � � : , w /� ,.i� �. �� ♦ A'.1. �� Il !I � ?l+ � l6 . , r t� _ f: •,��'i rnin• �:..i 7sfS � .db .�... C/'"( � 'N I �:tr�ti , . SE��2�s- .. �: � , �_ ...f ..,,> HiaC.K�,�Ah�N ,..r;v, :,.._ .,o„ :,,� � , � _ f �_,�•; J, ., �i �I� f �f�.1��. �� - � �V � • /' �� ~� i J' SI [ -'��f% � j � � .�� . :i' _ /��. ..•T'�. .sl J.�, ..N r! � 4 ti ��v ' M � `� ll �` Jl � X � i •'f '� � \, Q •a.! •v' .'1. -�, ' �4 � i i � � r � � ' % //� , � ' „ �� "��r . �! . I ,. . : �(>dv �"`�►^ iG � �., a 'K ,.. ., �,..., � x il I _ .9,'s�J�I.IO.q.. 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I- !'.� rL �T 1 � B. � _� ' Mr. Boardman explained to the Commission that he had talked with Jim London, and Mr. London asked again that this remain tabled because Daxrel Farr has been gone and they haven't been able �o sit dokm with the Townhouse Association yet. Mr. Boardman brought to the Cornmission's attention a letter to the Chai.rman of the Plannin� Cornmassion from rir. Jerry. Ca. Anderson, Chairman of the Architeetural Control Committee, dated July 20, 1976 which sa.i.d that in lieu of a request .for withdrawal they would like this letter part of the record of the P].anni.n� Gornrnission. . MOTION by Ber�rnan, seconded by Peterson, that the Planning Commission receive the comrnunication from 1-ir. Anderson to the Chairman of the Planning Commission dated July 20, 1976. Upon a voice voie, all voting aye, the motion carried unan�mously. , � MOTION by Peterson, seconded by Lambert, that the Planning Commission table the Public Hearing on consideration of a preliminary plat, P.S. �r176-05, 7nnsbruck riorth Replat Third Addition, by Darrel A. Farr Development Corpora- tion, ti�itr� tne Public Hearing open, until the next regular meeting of the � Planning Comrnission. Upon a voice vote, all voting aye, the motion carried unanimous�y. � � �, � iJ � ' � � ' � C� � 2. PUBLIC HEARIPdG: CONSIDLRATION OF A�PRELIT�?:ITiAPY PLAT, P.S. �76-06, RFAL ESTATE 10 S;;CC:ID kDD.ii'IG�: � B`.� BF��1T-PAL�.�� BUI7�D;:;:� �eing a replat of Lot , Auditor's Subdivision Iuo. 2, �o clarif,y tne legal description of a building site generally yocated at, 91�1 Hillwind Roac� N.E. r10mI0N by Bergman, seconded by Pe�Lerson, that the Plarining Cor►r.iission open the Public Hearing on oonsideration of a prelirunary plat, P.S. �#76-05, Rea1 Estate 10 Second Addition, by Bratt�-Palen Builders. Upon a voice vote, all voting aye� Ch�.irperson Harris declared the �'ublic Heaxing open at 8:05 P.?•S. Mr. Francis Girdler, represen�ing Real Estate 30, and Messxs Don Bratt and Elmer Pa1en, Builders, were present. . Mr. Boardman said that first of all, he war�ted to carrect the map on page 65, and explained the dash line should be mo�Ted to the property to the South of .that (parcel 1130). He stated that this was a petition by the owner of the property to approve a prelir�inary plat on thP property. He explained the reason for the preliminary plat was because the legal description on the property as is YJas very, very lengthy and the oi�mer wo�ald like it simplified. Iir. Boardman said the property to the South of this had Ueen plat,ted in a similar situation to tr�is, tt�e proper�y to the �ast was pla�tted i.n an apartment ownership, and the property to the I�ort� does have an existing building on it. Chairperson Harris asked if they were planning an buildin� a future building on this, and rir. Bratt replied they had to get an easier le�a'1 description because they were Uuildi.ne a home there. He explained it was presently an empty 1ot. He added that Real Estate 10, Second Addition, was not the correct name� and asked that it be changed to Lot 1� Hillwind Addition. i Planning Commission Meetin� - July 28, 1976 Pa�e 5 � Chairperson Harris 6�, and Mr. Bratt entry. ask�d if that was the proposed structure pictured on page replied i*� was. He said it was basically a L-shaped split- , Chairperson Harris asked if the lot met all of the zoning requirements, anci Mr. Boardman replied they would have to pick up some easements on the property io the East of this in order to allow for sewer easement on this road. t�Ir. � Bratt eyplained that the owner of the apartments there owned that land, and they had arranged with him for that easement. �� Mr. Girdler stated that he owned the property to the South (1300) and had the I� same no-sewer situaiion. He agreeci with 1•ir. Bratt that they should get together Ianci pay for it. � � C � Mr. Bratt stated that if this Commission recommended to Council approval. of 1;Y�is, they �rould also like to have them recommeiid that a building permit be � issued upon approval of the preliminary plat, with the idea that they wouldn't be able to move in until'af�er final plat approvalMr. Bratt said he understood this had been done before �q�iite a few times. I�e explained the reason this request � was made �oas because the cost of the proposed house would go up approximately $1,000 by the middle.of August, ��d their mortgage commitment was about to run out. Mr. Boardman asked if aII code requirements would be met, and Mr. Bratt replied � �hey would. He said they even had a building permit subject to these things. Chairperson Harris asked if therE• were any other drainage requirements, an� 1✓r. $oardman rep�ied notning else kTas necessary. � � � � Mr. Bergman stated that this particular lot was zaned R-3, and he believed some additiona7. property in that area was zoned R-3. He said Mr. Bratt�s intention was to make a R-1 use oi �l;his paxticular 1_ot, and asked him if he knew if there were any similar plar:s for surrol�.ndinj land. hir. Bratt replied that he didn't lmow. He said that Real Estate 10 had the pi•op�rty� to the So�.th= but beyond that point going South he didn't l;noti�r ��hat anybody's plans were. Mr. Bergman said that there were plans at one time considering a neighborhood shopping area. hir. Harris said he recal"led that, but that would reqnire re-zoning. 'MOTION by Bergman, seconded by Peterson, -that the Planning Commission close the Public Hearing on consideration of a preliminary plat, P,S. �76-06, Rea1 F•state 10 Second Addition, by Bratt,-Palen Builders. Upon a voice vote, all voting aye, Chairperson Harris declared the Public Hearing closed at 8:17 P.M. MOTION by Bergman� seconded by Lambert, that ttie Planning Conlimission recommend � to Council approval of a preliminary plat, P.S. �?6-06, Real Estate 10 Second Addition, by Bratt-Pt�l.en Builders: Being a replat of part of Lot !t, Auditor's Subdivision No. 25, to clarify the legal description of a building site � generally located at 9ltl Hillwind Road N.E., subject to identification of sewer easement from the Easterly direction. � � , Chairperson Harris asked if rSr. Bergman wisked to azso recommend the issuance of a building p�rmit if the preliminary plat was agproved, und rir. Bergman said his motion did not include that. He said he felt nothing would be served by thAt recommendation, and preferred to leave it to the City Cotmcil. UPON A VOICE VOTE, a1.1 voting aye, the motion carried unr�nimously. ` : �U6UR�AN `:: C� �'''7j NOi1N��RINO W _ _ _' _-__ INC.'_.�'. � �,i IMa�n 011rce � 606G 6A75 H�phway No 65 N E. M�nneipol�s, M�nnesota 55177 � Saith (Hl�ce 8906510 fi •�na a I - --- � Cu;d b Mwua;o! F.'nRUV.rw� �.c�J TrumR � Lond Sw�ryin� � Lnnd YlonvnR 101 G� ue �� BurntvtiN. Mmaesota 55�37 Certificate of Surve f r �� '-�r'�� Y o � , . � c�a :� ;�9 � ~' '�s i�o;�, !$5'}.9� �2E� �cs� D� i"�G �. � r � ,I _. ,. � nart� 1,7Sr ��-,,�� o� ►�+ 4 2� >. 9�� ` , � �- - ►_�o� �r` /'�3 , �', � L � i\` . i � ��;-y � \ G �� p¢. a%'' � �S- � \ {,� ��. �� /1 /\^'� �� Y ' L__ � r'� \\ C- ' � `�; f� °� , �� i' i �� -�s.� K� ' J /� , � P . f "� , � � �`,:,.1 .:i Iro�i y>,�: 7.' .�:; ._� �,i:; 3 �' i-�r.� t �r, . � � ;f:��,,, � C� ::� r t � " `-.� !_"' 4�r' � � �,�� I`"i53.`)F� �:�a�' �/�%5f . �,f F.�c �k'i��t v..a :� -.ov,ti¢: o� Ic.� !+, /-1��• 5u1�. uQ'15 h 1;�� :� I,,� a - � � . � -��. ; � y .-__ ' 'R �r-- X �— j�i'Y ��Cio��., }i.; -� C.I� {o J•"t� l��r'F�i nf � r �rc`J4•j,.t i��l. ��. \��. I ~ r� ` �� .. — __ ��. ��Z �y. �01 4- o �l��i10 es irc�, �r�o�lur,}a�i� "• . �, �� ` ��. � �;' �l\ i�iT that part of Lot �t, Auditor's Subdivisian ��o. 25, Section 24, 7owr�ship 30, Range 24, Anoka County, ;tinnesota, descri�ed as begirn��ng at the fJorti�east ° corner of sa9cl Lot 4, thence �Jest alony the �Jor�th line of sa�d Lot 4 a distance of i593.96 feei ta the actual point of begin,�iny of the land to be hereinafter described; thence Sauth i°05']9" East 3i.9 feet, ti�ence West 212 feet along the Soutn �ine of sai:� Lot 4 to �he ��orci�easterly righ�-of-way l�ne of the outer drlve of State Trunk tiighway No. 100; ti�ence ilorthwesterly along ti�a North- easterly r��ynt-of-ti��ay lin4 ot said outer �1r�ve io a poi��t on ti�e iJorth line of said Lot 4 ciistant 1��7.'�0 feet ldest fror� the ;��orti�east corner of said Lot 4, thence South 89°59'S3" tast along said (�orth line to the actuai point of begi nn � ng . Also fo t� knowr� 05 LOt �, �/ock /, N%//wrr�d Add�fior�(Propcsed�. NnT"�� . --- , � � � , . f }i� �hw��j r��,t ,�* w:�� lui¢ w��, nr Rl�t �f • ^ ! (r rri ��+�s �i,nQ , �� t��u 5o C�t51r¢,W�1 �.' ��ci c�T T�rt i�wt�• C�Z�j�. TO d5(��rs�l iT. 1 her�by cer►ify ►hot th;s is a tru• ond �orrect rspr�sentalion of a survey of the boundorie� o� the obov� d�scribed lond� ond of the location of a�l buildina�� thtrton� a�d oll visibl• e�croachments� if any, (�om or on faid land. As survsyed by me t6i� ,•`J "doy o1 �':" A.D. 19� � � ' � -• ' !� + �' � SUSURBAN ENGINEERING, INC. I� � Eogina{�► ^ Su�ve1rors L �'.� � � fJ� J by� / ` �/�� ` �� _ � _... � , � . - �_'L�� 7 ( ��1 � �� , � OFFICIAL NOTICE` CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT NfAY CONCERN: t�otice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on P�onday, September 20, 1976 in the Council Chamber ' at 7:30 P.M. for the purpose of: Consideration of a request for a Vacation, SAV #76-04, by Karen Mesrobian, for the 12 foot unimproved alley in Block 11, Spring Brook Park Addition, located in the Sotath Half of Section 3, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Genera7ly located between Ely and Liberty Street N.E. Anyone desiring tp be heard with reference to the above matter will be heard at this meeting. Publish: September 1, 1976 September 8, 1976 WILLIAM J. NEE MAYOR �� I I I � - �°°°°',� �' �' �. ; � p�. �� +_ .;� .Y �'�"r' �� " �'' 1� � ;5A � 0 � � ' SAV #76-Q4 � � Karen Mesrobian Vacate the East-West '' � 12' alley in Block 11 � ; Spring Brook Park Addn: `� : between ly. Li erty St. ,�''t/- � .... . �646.9 .. .... � ,s'_ �i. �� ao�S�OQ� ?'o u 30 » so 2-- ---- 9 ^ '4 ? 3 �,,, '� i � � 4 \Z o : ` .w Z :�^c,° "�j 15 "` � ' 3 -; S.tl , j ! � ; � • ;, �; . ��•� �„°, 32Q� ,� �W /�2 3�4 sl� 7 8 9 io �i(i� /3i9 /S/6 ��ie 9;zc iz a zf j 2 3 4 5" �:7 g �'' �i-? P.� i 6Cn� 1rq'Za i. � 7iipp//// � I I ( ; � � �) ��.n'11' � y� �� h ` ,, 'r�•• 61p�. l7 ,�,�� 28� Z� 2� i 2`�3 ; 223 � 1 �I 6 K ., � { ; � , ` � , . , �u;so� �_--,`��r .j,� �u 7c - .. ., .. . . . , .. _ .. J . .. .. � ., . .. . 3e 30 30 - �o+obOf74 '�.� 1�� .1 .�; �-:";b ' `;ry�� ° ELY � o o ST�E . ! 4s., .y2'J ��.;' ,�, �9 ; � � � 1% � �,.J.��L4••'��r �?s� � �p . O ..� .. .. .. .I .. „ .. 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' /SB �0 I . 4� �'bs�'`«�+ : �,� ,•.%$ i y�✓ i ..a . \�� \ l�.��ir'�,�' �� ' , ,i �,, . - {�.'' ,,,;:; , �'q 'U � ! � ; � 1 �, �2 ° 3 °'� �4 �! 5 I � �• �g ��$3�,, � � ° r ,y.��a, _ .y��ti,�� ,� �3. �� , : b . � �-�� , . � � M l � _`�. /;� �^� 3 � °> � \ .-o , �: �l � i•� ;��r�. �� .. ,� � Yr 6 _:. �'; -� � -��?•T9' ---9Ji/d • .�ary.�,..�.N. •� ,, � `�9°' �. � �x � , � � e> - .r � � � � � • d �t�° 1 �;. . , Planning Commission Meeting - July l�, 1976 � � Page '� 5 B 1"ollowing stzpulations: 1) The garage cannot and will not be used f'or home occupation, and 2) 1:t must meet ail setba.ck code requirements and cannot be set any closer to the front yard than the neighboring house to the �dest. Upon a�roice vote, a31 voting aye, the motion carried unanzmously. 1 3. VACATIQN RE�UES�i', 5AV �{76-0l�, BY KA�.�;i�� MESttOBIAtv_ To alley in t3lock �l, 5pring brook Yaz•x Addition, lying and �;ly Street N.E. vacate the unimproved between Liberty Street Mr. Boardman explained tnat a petition had been received requesting vacat.ion of the 12' unimproved dirt alle�. He said that the people who signed the petition were noted with an asterisk on the mailing list on page tSu, and noted that 14 out oi' 23 families nad si�ned it. t1e said tne alley was �eing used by mini-bikes and dirt nikes, so it was requsted that it be closed. Nir. tsoardman said that the City did have a draina�e <:r.d utilit�,� e:=_sement, doi�r:� there, so if the alley was vacated the easements would have i:o be reiained. He explained that people both for and against the vacation were present, and Chairperson Harris suggested hearing the pro side first. Mr. Charles Sprafka of 280 Ely <Street N.E. stated that he would like to explain the logic of why the�r were proposing the all�y be vacated. �ie said the first question to ask wa.s, is it necessarv to keep the alley open? ne s�:ated thai i�• t:,�i:.g to arrivA at Vrhet2:Er it snould b� K?�rt Oi en or not, the fol� owing facts shcul� be coi�sidere�: 1. Th� alley i.s not main-tairied in the winter and is not plotaed. Tf it �•ras n�cessar�r t� have ar_ aJJ_ey, the Ci.ty .aotzld mazniain z �. ?. In terms of i'ire safety, there are fire hyc�rants on the sireet on both sides. 3. It is not necessary fcr any of the 23 residents to have such axi alley to allow them to get in�o their gara�es or dr�vewa��s, as in a71 instances the homes have access fram the street. One home does have a.ccess from tr,e all�y, but also has access from the street. For these reasons, Nir. Sprafka stated, he believed :it, tiras r,ot absolutelv necessar,y to have this alle.,y apen. tie said if tnis oremise �,Tas c��rrect, �hen }lE.' tif'.1.1F?VE'.C� lt [.r�� iT"�OT'La21� t,b A:�'K t�`.Zc�t, �t';c, td1 i� C�t� �� ,•O':":`z{ T.r^c nr �":n ?_3 resi.dences alon�, the allev. �?e sta�ed t'�at to �?is ,>F,st inf'or�n�t,�or. at: t.}ll:. t.lIAf'.� �E7E?T'E' L•.'P.T'L, �.�1 I1f�7'lE'.S Si;�):�?:Lt.E'i�� ,,rii i;:!1 :ir`r(,' �:iC' .'/;?�(�?"..L;.'� [�; '_.':�.':7 that he believed t;•!a p�de i�ad asked io ii�ve t�eir na;T�e� rF,rnover'. ''ror.� t,t1:� :1.� st, which still le#'t 12 names out of 23. i�Ir. Sprafka pointed out that tnis was nat to say the remaining 11 irere all opposed, as two or three might bP in question. Mr. Sprafka said he believed the democratic principle should be to follow the will of the majority. He cantinued that most of the argume.nts that would be heard at this meeti.ng wou_ld be for or a�ainst the alle,y for different reasons as it would provide a convenience for some citi.zens and an inconvenience for others. He stated �hat it should be the decision of the Planning Co:nmission � 1 � � , � � , , ' CJ , Planning Commission Meeting - July 1�, 1976 Page 8 to decid� what the majority of the people want, and they were willing to abide by the wzll of the majority of the people. Mrs. Gabel said she understood his points� but noted that he hadn't stated any reasons for wanting the alley closed. Mr. Sprafka said that it presented a safety hazard for the children of the neighborhood as there were bushes perhaps three feet high, and there was an unnecessary risk that a child could be hurt by a mini-bike or auiomobile driving through the a.11ey. He also pointed out that it was a dirt road and therefore ver,y dusty and dirty, and there were a lot of weeds growi�g there that the City of Fridley does not maintain or try to control. He added that there were a number of motorbikes from other• parts of the City that ride through the all.ey also. He said to sum it up, it was unsightly and dirty, it was a safety harard, and the housekeeping by the City of r'ridley has not been adequate. Mr: Langenfeld asked what th� ex_tent of use was of ihis al.l.ey right no�tiT other than mini-bikes. Mr. Sprafka said there was one family that used it to any great extent right no��. He added that perriaps an automobile would go through the alley two or three times a day, maybe more; but the vast majority of use came from one family. Mr. Langenfeld said I�1r. Sprafka had mentioned du�t, and a.sked h�m how ne �,�ould feel if the al�ey would be paved and became � r�gular thoroughfare. i;r. Sprafka sa� d he would be oppased to it because the risk :: act�or t•rould be increased. He said that in ter.ms of mai.ntenance he taas not ask�.ri� t.hat it be paved, but tha.t. some of thn holes be filled in an�i t}�e weed� cut. P-:r. I,ax?�e;��eld asked if t}�i s ��ras vacated tiahat; most of ifr. Snrafk��.'s group piaruieri t•o do �ith t�.at ddc�itional foot�ge. I�Ir. S�rafka s-aid that t•rould vary, and asked if_ it ��Tas necess�ry to have an acces� i'or utilit,y vehicl.es. ,�Ir. �oardm«n said ti�at in vacated aileys fences cou��d be put u� to the center line of tne a11ey; �rowever, if a utility company comes in and tears down the fence it is not their responsibi.l.it,y. rir. Sprafka said that if the alley was turned back to the property owners his o�ti-n personal preference wou7.d be to sod it or perhaps plant hedges or trees. �Ir. Langenfeld asked if there were any plans for gardens and t,hings of that nat,ure, and Mr. Sprafka said he knew of no such interest. � Mr. Langenf'eld said he i,*ould like to ma�:e it clear to the people in the audience that the Planning Commission is merel,y a recoru�ending 'oody -to the Gity Council. Chairperson Harris added that it was tne first ster in the nrocess. , , � � , � A�r. Yeterson asked if' the mini-bikes tizat :•�ere rE�+'�,�: red Lc ;��,re usr>d _?r:i:n�ril;,� 7y peonle in t:?�e ne� �ti�'r,�rt�:ood, and �.:��,a +' ° � �� ,°�. ^� ` , • �. _rc.nucn� .,,. u:-� . ; -� �o .. 1� �,I,,. WF.I'G-' pG�C�IIZP. f'roi� Ot.'?E:2" d1'�:BS US122E� ii11C� 2�.1i:}' : G:' �.il i S T'1t }?0::�' =!.rl(1 1�� .`'O� .:'!;: were they coming to this neighborhood to ride. i•lr. Sprai'ka said that tne people who rode through on motorbikes� to the best of his kiiot•rled�e, were mostly from the neighborhood. He said he did not know for a fact that people were comin� from other parts of the city, but that comr►ent had been relayed to him. He stated that the frequenc,y o.f use of the alley by the mini.-bikes var�ed, :�nd ;L seeme:� to run in stre.�'cs and be saor:;d�c. 5C Afr�. Shea asked if they had snowmobiles usin� the all ev ili the winter, and 1�1r. Sprafka replied they did and that was a problem al.so. He stated that two ,years ago several snowriobiles wiped out 20� of his bushes. He added that the driving back and forth of mini-bikes or snowmobiles in itself wasn't all that si�;nificant, � ' , LJ �� ' , Planning Commission Meetin� - July 14, 1976 Page 9 S D but it was a matter of multip'le problems, Mr. Sprafka stated that he thou�ht often the convenience for one family is tP�e inconvenience f'or another family, and saic� he feli the will of f;he majority was very important. Mr. Langenfeld asked ha�r ma_ny children were involved in this block, and rSr. Sprafka replied that it was a verv fertile neighborhood. He said there �rere a lot af children within ihe 23 residences, and also many on adjacent streets. He added that at any �;iven time there would be perhaps fifteen to tt•renty children playing up and down the alley. l�e said that the nur�ber of children from all the homes would be substantiall,y greater than that. Mrs. Gabel asked if in terms of mini-bikes �and snowmobiles they were talking about noise pollution, and if the noise factor t��as sibnificant. ASr. Sprafka replied that was not a big concern to him; but his objection was c,Then a mini- bike or snot�mobile razz over the he��;e, plus the additional risk factor. He stated he felt i,t i,Tas an unnecessary risk az.d a child could be hurt. Mr. Bergman said that s�nce there were so many people in the audience and witr the suggestion �hat there is a clase vote, he thought it �,rould be wise at this time to clarify for everyone some of the affects of tne oz�tions involved. He suggested there were three optie�ns: 1. Leave the a.11 ey c?esignation as is. ' 2. Continue the obvious intent of the alley plan, whi��h would be to improve i:iie aliey. 3.� Vacate the a1.7.ey designatian� � L_ 1 Mr. Bergman askzd P�r, Boarc�man i� he could ciarify some oi'-che elements in �;hese ihree; sucn as ir; each case, T•:ho is re:srcr��ib�e fo�° tr,e condition and the maintenance; in the case of vacatic�n, to whom do�s tr�e p.ropertv go and does this a£feei tax�s;.ir� case of improvement, is there an assessment, etc. Mr. Boardzr,an stated that if the alley t�ras v�.ca�ed for the entire Iength� half � of the property o f' th e a? le,y ��ou�_d r�vert to each of the property owners along the alley and maintenance of the alley ��rould also revert to the property owners. He �aid that they might h.a.ve some slight increase in taxes due to the increase � in propert,y acquired. Nir. Boardman said that if the alley was kept the way it is, the City of' Fridley would nct maintain �� berause t.he City does not main�ain, per se, alleys that are unimproved. He said the weeds l,�ould be cut occasionally, perh�ps once a sumrter. t�ir. Boardrian stated i.nat � f the alley remained and �aas ' petiti.oned to mak� Lhat a perr;:xnc�nf; alley .�rii,h t�1_ac�cto,�z�in�� then the eity 4JC�llci do the snr�t�rplo;��in� on t:hat al7_e,y. i-�e sa�d in this c?�e there ��oulc3 �be an assE-ss- Pl(?21t.• :'fI'. i3032'C�i't�321 S31C1 ^2?OLCIc':^ OT)L10I1 Flnl.� ^ i�c. t,0 1:�3i<F'. 1ri, 8 C�E�8C7—E'T](� 31 � E'V � 1.2� , c•Jhich case tne Cit�r could not ;naintain it because a. sno��rplow could noi turn around in there. He said the maintenance would revert to the property owners who would benefit from that alley. He said �hat anoti�er possible way around this , if there was a lot of objectionable traffic �aould be t•o put a gate on each end of the alley and provide all of the property o•�rners with a key to the gate. Mr. Azad Mesrobiar., 29� Ely Street, stated that a 12' tiridth had been referred to, , and he did not believe the alley to be that.wide. He s�.id a truck could not get through there. Nir. Bvardman said the City does have a 12� right-of'-way in there� but there might be some f'ences encroaching on the right-of-way. , , Planni�g Commission Meeting - July l�, 197b Page l0 5 E Mr. Flilliam Sicora, 201 Liberty Street iv.E., stated that he was at the �a,t end of the alley ana that area was a turn-around place for the snowmobiles and mini- bikes coming do�,an the alley. Iie said he personally had a tree destroyed on his property by one of these bikes turning around. He added that grass doesr.'t grow very well there and it is more or less being used for a race Lrack. i•tr. Sicora stated ihat he ielt an alley, so designated, should be used 2'or access to garages, but all tne entrances to gara�es were from the front. He explained that occasionally someone might want to park a vehicle or a boat in tneir back yard, but that woul.d be a rare occasion. He stated there was no logical. reason foi• a permanent alley there because of the sEt up oi' t.he garages facing the street. Chairperson Harris iold the audience cnat anyone d:ho wisned to r�ould be welcorne to look at a plat of the area to 1'amiliarize themselves with the area. I�1rs. Shea askeci iz the a.11e}r across the street vaas vacated, and rir. Harris replied that according io the p�at map there ��ere no alleys in that area that were vacated. rir. Boardman said there were some now; t�e one by P�lactiine, Inc. and one in tslock 3. A1r. Sicora stated that ii' �:ne alley were vacated he would maintain the extra i'ootage and sod it, and he was sure tne nzighbors woul.d do the sarne. :ie added that the dust made everything dirty, and he clidn't :,hink tn� al:�.ey �t�s nece-�= :ry. Rev. Rodney Sandma:, 23t� Ely Street, said he had just parcnased tne eMpty �.ot ' that is ther.e= and his feelin�s were ki�7d of in betvreen, He asked if there i:as 'any lc��d of ordina.nce saying tha� if there was one �ara�e dc.or facing ar. a.11ey, that all.e�r must remain open. i�Ir. �oard�an said tha�" to the best of his �:natr�edge � there iaasn't, but they would take that intc co;�sider�l�ian. R�v. Sandmon �tated tha+ re happened to nave a�arage door f'acing t��e alle;,�. Ieir. Langer..,�ld asked. if it would be permissable�.io ozrtiaily vacate tne ai:�e;,�, ar�d Cnairpe:rs�r�. ::ar•ris said it would depend cn wnere t'.-,e 3at w�as. He d�termined Fev. Sandmc�n°s pro�erty , was lots 33 & 3!� f towards the center of tr�e block. Chairperson Harris asked ite�r. Sandmon if. tie �,ras neither for or a�ainst ihe , vacatzon, and he re}�lied tnat loaKing at both si.�ec of :,t he cou?d see there was a problem. He stated that most z�eople in the nei�nborhood nad small children, and �he,y could get hit by a mini-bike or sno��rmobile. �owever, he � continued, they could also get run over irz the street, and that is vrhere most of them were. Rev. Sandmon stated that lie had a detar.i�ed garage and could get black dirt through the alley or. through his front vard, but the peop2e next door � could not. He �air t�eti- had � b�»utiful v�ird �,�+� ; l�'. of shriai��, ar,d if t.r�.c� �llE'}' �ti'c?:� VriC?�.E.'Cj ��7:.'�% C�1i:1C� '�O� E�f?L �?18Gi� ..Ii. i. ,)i:�.t� i,rlf?`.I' ,y,xrd, Y)i:v Lr:�U.i!Z .'?,•�V�'. '„%) C'cl.^T'V lt. C?�' ,5:1:�Vf?�. �2'O:': ��iE? '�; OP.I; f,0 ...:E? ;'.'i "r:� , � , � � Mr. Clarence Godle�;ski, 2?_d ily Street iv.E.y stated that the mini-bikes did come from across East Hiver Road and went between 30 and 50 mph down the alley, and that should be against the law. He said if one child went out there, everyone was going to be sorry. Mr. Godlewski stated�that they had been taking care of the alley for the City, cutting the grass and keepin� tne weeds from coming in the yards. He continued that in the winier the sno�.rmobiles weren't too bad; but if evervone could get in through the front, why have an alley in the first place. Mr. Duane Motzko, 290 Ely Street N.E., sazd ihat hzs main concern was each year the property taaces went up and the value of their property went up� but this alley was a very unsightly thing. He stated he felt it wasn't n�cessary, and , � � ' ' ' , �i , ' ' � , � �l ' � ' ' Pla.nning Commission Meeting - July 1lt� 19'76 Page 11 5F if he had to haul dirt in he would bring it thraugh his front yard. He added that his yard was fenced in and if the alley was vacated he would not move the fence back, but he would plant some trees and sod it in.• He said he didn't feel they could just say they were goin�; to vacate the alley and let it �;o at that. He stated he looked out his window and saw these mini-bikes comi.ng through ancz kicking 1p dust, and he also wondered if a youngster got hurt on that property who was liable. Mr. Peterson suggested thai if there were people in the audience who wished to speak against the vacation, that they be heard also. Chairpersen Harris explained that thEy wauld hea.r the pros and cons one at a tir�e so t•here woulcin't be a verbal brawl. l�ir. Peterson said he would )_ike to respectfully submit it was the Chair's prerogative to keep the crowd in order, but in fairness to the Commissioners they should hear the arguments against the vacating so they had something to compare to. He stated he objected to hearing all of one side at orie time. Mr. Harris said he could guarantee �hey would hear both sides, but as long as it was the Chairman's prerogative, the,y would take �he pros first. F2ev. Sandmon said he wanted to state hi�s feelings were in between, but if havin� the door in back of the garage would stop the vacating of the a11ey, and if he would be the mai.r� cause of it, he cou7d over�ook that door. He explained he had an eighteen fo�t docr in front and a nine ioot daor in back, so it really di�n�t make any difference to hir�. Chazi•�� rsori Harr�s ��id �ney- woulc� n�a hear �;hose people whc �.aished to speak agai.r�sL the vacation. riz^. Marvin 'ri�etala, 239 I,�iberty St.rent, N.E., sta+ed he had about, twent,y sign�f�urGS of peopl.e tiaho dia not want tne al�ey v.�catecl, but some of them had chan�ed their minds and szgned the o�her petition. He said the first concern would,be the people in the ma�ddle of the block who did not have access to their back yards tr�rough the f'roni;, and ielt they needed the alle,y. He said that assuming they do nave an access, they didn't taant big trucks on their driver�rays de_livering dirt, etc. He a�ded ttzat he felt it would reduce the value of the properties. Air. Hie;;ala stated that as far as the safety factor tiras concernea, he didn't think the street Vr�s an�� safer than the alley. He said some gaz°ba�e trucks quit using the Zlley and they had garbage piled in the front street. He felt if the alley �aas open to utility vehicles it should also be open to the residents. He stat.ed if it was chained it c,*ould become 3�717:�;1�121�' �""E. �? � 1r! C� :','b i�',E? i lii k:> �lt�_C� i�C: i, ��^.l: L;?? j 1� g'd� F S� j�TP_.?^E' T?llti ?.Il � peo;�le r:ould 'navE� to stox ii7 ;n� :-!scidl�� c,F tr.� .�t,ec:t �riti: tt�e:r �oats and ('<1i�Ir1E?7 : � ��C?(: t,il i� .,;+ll?:: ,.c^ i�'::`?f'(?;'011.°. T:r'� .ltt'i,%1�.� .. �.?j.E'.^. T.}�,; ._ T.?lf?V f�@� � l;_ there �1�as one person WrD neeced t:�e alleti�, tnat person shou�d not be discriminated against. He exFlained that pecple needed the alie,y f'or storage of boats or ca,rnpers, azid the whole area was designed w:;.th an al� cy in minc'. becat.se of t�.e small lots. He told the Commission that they just had a playground petitioned in, so the alley should not be a playground. He said that some people had been asked to sign the petition for vacation even ii'�the,y didn't care or not, and he fe1.i if people didn't care they shouldn't be asked to sign it anyway. He stated there were other reasons, but this was part of them. Chairperson.Harris asked if he had a list of the opposers, and Mr. Hietala replied he did. He said the list had been formed in the last day or two. �� Planning Commission Meeting - July ll�, 197d Page 12 � Chairperson Harris brought to P�r. Iiietala's attention the list of people ti�ho had si�ned the ori�;inat petition for vacation. Mr. Hietala said that the Bartyllas had moved out, but Mr. Boardma.n explai.nec� they were still the fee '� � owners. Mr. Hietala said that there were three names on that list who had changed tneir minds. Mr. Hietala said that certain people on tne block had been usin� the alley for thirty ,years, and that should be good eneugh. He added that he, himself, used it several times a year. He stated that he had talked to Councilman Fitzpatrick, and he nad said that if one person opposes this, it shouldn't go through. He added that Couracilman Fit�patrick had said he kne�,� of no case where an alley had been vacated if there is opposit,�_on. P•�r. ciietala said he hadn't seen that many snot��mobi7_es or mini-bikes, and on most days ,you could pitch a tent in the alley and not see anyone for a few hours. Mr.s. Shea asked what the width of the lots were, and P4r. Harris replied t�ev were 30' 1ots, and most people owned two. He added tnai tnere was one lot, � which appeared to be lot 20, that was alone. Mr. Langenfeld said that in lookin� over the ne?•rly subr�itted list, he found ' three n�es that 1•rere also on the original petition for vacation--Hentges, Zukowski and. Foehler. Fie asked if �he peonle ;.�he purcr?sed these lats s•rere aware of the unimproved alley at the time of purchase, and ;�:r. �iietal_a stated ' that was one of the reasons he boughi the house--so he rould get in tne back yar�i f'rom the alley. 5G Judy 7ukows?ci, 2lt� Liberty Street N.E., st�te� that �he }-had si�;ned hctn oeti �ions. She explained that the - first ti_me she dicin't reall;,� caT�e i.f the alleti� cyas o�en or closed as it taasn't a problem, f'or hera She stat�d i;ne,y nad Iived in ine . neighborhood. sevens �oing on ei.gh�,, years, and ��The.rr �he,y ?noved in �Zer c�ildren were ages 3, 2 and 1. She said tnat noir they V;�re 10, 9�d 7, so she had gone through the sma.11 toddler stage. She to7.d the Comr,�ission she didn't reall�� cai e tY�at much, personall,y, t-rhet��er the alley tiaa.s oper� or closed, but since that time she had talked to mar�y of her ne�ghbors ?•�ho taolild choose to bP able to put things in their back yards or build patios at; some tzme i.n �he fuiure and be able to use it for ot}zer purposes. Sh� stated i}�at s}7e found the t�•aff'ic was hardl,y atything at al.l compared to when she first m�ved� ine Another tnin�, 'she said, �Tas tl-iat a park had been petitioned in ann i.f thes� chil_dren are so small that they can't play safely in tne alle,y, ihen the,y have no busaness being there. rlrs. ?uko<<rski stated that their lot was one �f the ��::�der �nes (9O� ), but because Of ttle W3V t.hE'1T' b3T'8�P :tiaS .iOC1�.�d tt�e;,' :1£::1 qri'.V EE'V('2l t%I' E'l.=:it :E„'±� neside t;tilE.' �t'3I"ci�C 'c�.I1C1 }lOUSE�� 8I1C� lt: G�011�.C1 DE' ^?U,^ii n•'.�`'?!'•, +,C? C?L:f.'11 11T? �!:(? t?A^:; t0 �1%iU� iTl C27riE'11t� C.'t.C� �.�'�1P St;?t.EC� t.�l�i�, :>C?:1G' i`: LY',F` 1:E>( "?_l. :Il i�._:01^ C`: �.'V,.lir`'� the alle� tne way it is have lived there almosi th�.ri,y ;,�ears, cahile most ot tiie ones that were complaining axe t•he ones that have moved in recently. She added that these people knew the alley was there and no one forced it on them. Mr. Bryan liohl, 220 J��ly Street N.E., said he bought his house last fall and his gara�e iaas built so cl.ose to.the house he coulcin't park both of his cars there. He stated he planned on moving his garage back about eight. feet, and the only wa,y to get concrete in would be to use the alle,y. He Gaid he had two trailers which he kept behind his garage, and if the alley was closed he would have to � � 'i I � � � � Planning Commission Meeting - July 1lt, 1976 Page 13 5 N pull tciem through his fron�t yard. M.r. Kohl said that some people had made state- ments that it was a safety hazard� but these sarne people are the ones whose kids played in the street and almost'get hit. He added that his b'� year old son rides his bike i11 the alley sometimes, .but mostly in tt�e street. P•Sr. Kohl suggested running something across tne center oi' the alley ta stop throu�h traff'ic but still al:taw people who had access through �he nack to use it. He stated that some people had already put rocks in the a11ey, and he had to drive on the grass to avoid Zearing u� the underside af�his ca�. Mr. Langenf'eld said tnai; this seemed to be quite a large block, and asked if ' the alley was closed if it would �incier fire figriting. t�1r. Kohl said he didn't, i'eel it would, and added that i�r. Brustad had a fire not long ago and ihe i'ire trucks came down the street. � � ' ' , , ' � I� � � � � L� Mrs. Noreen Poehler, 2?_9 Liberty Street r�.E., said that after signing the petition for vacation h3CI changed her mind and would like to get her name off' oi that list ana put on the second. She saict the reason she c?�anged her mir�d was because when thzy first talked abcut it, the main ':�ir� �as r,'�e facior oi' the children �;ettin� hurt, and nobocly �•runts to see somebod}j's ehild get hurt. However, she didn't think about the passibility that the;� might �eed the alle;�. Afterwards, she said, she goi to �hinking ihat they ha.d recently had some black dirt hauZed in to tne�.r garden, ana the only �,ra�� in is t�rough the alley. �:Ze said ihat •�aas just one i,r�y ttiey �•rould use it. t�irs. Po::�;ier said that a� f�r as the children getting nurt, no one ti:ants to see ihat, but th�y did have a pl^ygraund one block a.taa�� and tnere were the vards to niay in. She statec� t,nere were a.�et� mini-bikes, ana he^ son had or.e, bu� z:e oniy rod� it occas:ionall,�. She con�inued �.iat the tr�ffic �J�as r,�,�.�h 1�:�:; t:<�n :it, used �o b� a fer�.� �Tears a�o; and she cranted to bri.rrg out the poinL tha� ii i� ?tias x�aved ��e '..ncuL,t;t :;.� taould bring in m.o.r.e traffic as it t�roul.d b:� a nicer p,=:^e to drive :,�:roagh, ar.d not:e of tnem �.ranted th�:,. Sk��e said she just. ?-;<�lt�d ta :��r�tion #;hat tre a1i�y was used, r�ot a Iot b,� anycne, but it would be nice to have it open i'o: ��!hen tney did �?ant to use it. r4rs. Zukowski said she would also like to iormall�T rem�ve her name from tne original petitzon. I�Ir. DonaklHof'f, 215 Liberty Street N.E..3 stated that he had a small trailer �that he used occasionaaly, so he would like to see the al.:ie,y left ogen. He added that his g�rba;e man also used it, an� if it �,Tere closed the cans ;aou?.�: have to be hauled to the street. He iurther added that as far as sa.f'ety !:as concerned, he �l�.dn't fe�l tr;e��.: .��r�� t,h�t r��ri;,, c� •�^r; .;r�r.� ;.±. ..:��.��,�z�°-�r :iarrir aslc�� i.f he iottnr'. i:,.:�n;.-bikc�s r�r :-�0•��7„c>b�:�s =� � e;�,, ��ri;i .... ��`.;. rer.�,ied iie ciic; not. ,:��. Pet��r��r� ,.��:e.i � . .. :e^�, .:. �>„� � _. � _,. .. ... �arage, and r�ir. rioff re�:�lie.� lze kepi ther.l :n ;,i;e c<:.c.�; o_' .,�; io�. Mr. Francis Poehler, 229 Liberty Street N.E., stated that his son had a mini-bike and when spring came he used zt a few times but has no��r lost interest zn it. He said that he had never seen an,ybod,y doing excessive speeds in the alley, and thougnt there was more of a problem in the streets. 1�Ir. Poehler said that a couple of people had stated they would like to put sod and trees in that area, and the two people who said th�t live on each end of the �lle,y. He added that he didn't use ttie alley that much, but,taould like it open so � � � � � � Plannin�; Commission t�feeting - July 11�, 1976 Page ltt he could use it if he wanted to. Mr. Howard Y1alters, 262 Ely Street N.�;., stated he had lived there for almost �hirty years. He said he had two boys who had cars and he had toZd them not to come down the al�ey 2ike it was a race track. He said he felt the people were objecting because he used it. He stated he felt that if the utilit;� companies could use the alley and other people could use it, he Franted to use it� too. He added that his son had a mini-bike anct uses the alley. i�Ir. t•7alters said he would like to see the alley sta,y the same so maybe the taxes Frould stay the same. Mrs. Shea asked if this request had come up before, a�d I�1r. `�Jalters said it came up sev�ral years ago b,y a few neighbors �aho wan�ed to put up a fence at that time. He said he �oas asked about it and really objected, and he thoug'�t the matter was dropped and nothing further was done about it. Chairperson Harris a�ked one person from each side to sur2marize the feelings of his or her group. �Mr. Charles Sprafka stated th�t their inter.tions iaeY•e good, and their main ' concern was for their children. He said he r.ad a sma11 child that he tried to i�ratch closely, but sorr�etimes the chiid iaould .•rander into the alley. tie stated the,y felt it was in the best interest of the children to avoid a possible � accz�er.t an� ��aca±-� }.rhrv 2��eyo � � i,rs. Iviarvin ?�ietala� 239 Liber-t,y �V �.E., s�.id s}i�.: felt ;;heyr nad a legal rignt to this access. She stated that if even one person nad this right� she dian't th:ink it shoulc� be t,aken away. 5I AIr. Bergrnan asked if any�ne had ari existing garage i;hat faced the alley, and the answer iaas no. He ther_ asked if an�rone �aould want the alley finished, alang with the assessment for same, and one gentler�en said that if the alley couldn't be vacated he �rould just as �oon see it :irnproved. Chaiz�person Harris explained this was just a nypothetical question at tnis time, and in order for that to happen there would haue to be a hearing b�fore the !;ity Ccuncil ar.d it would be their decision whether to impr�ve or not improve the a.7.ley. He furt;her explained the Planning Commissi.on coulci p�ssiblv recorrunend that type of action in thei^ motion, but that �•roul.d be a separate act.ion. � ."• iE.':'v:l^tTl S*`?1�'C�. ��P, �:?� �OOi�E.C�1 `ii, t,tiP G�''••r'ry�.�l'.j � lC()i�� .'f.l �OI7 ?�'�111:if: t. �, VnC'?t?O:: Oi' �r.t ?�1E',y� �1� t":1` ?'?tD'�E'S:;:OI1 1A? �.,�:� ':p. F ;8I'c ?D')3T'f;Tltlti Va_��.� J1i�� Vit�U�._ °_.�� I1�tt,�ll"E';'. .�t� .�, ._'�� .._ . _.i. z."::C :.'� .'. � :c. .,�i:1 :�"?l' � ..<i1'� .. ..'1 ..': L�i.. originai ;Jt:t7.t'.Oi1 �'$VOI'1.T��; ':.i 2:�:iCSt-i01"1 Gi t..ie 3�1�.��' Fil:d =i' those 4J@T'° val:d � signatures also. AIr. �3oardman said that the signaturES could be found on page �53. He noted that t�nTo of those people had formally requested their names dropped off, and a third (�large Hentges) had signed both petitions and was not in the �audience. Chairperson Harris said her name should then be dropped f'rom both _. petitions. r10TI0N b,y Ber�man, seconded by Peterson, that � the petition in f'avor of the vacation of the voting aye� the motion carricd unanimousl}-. � � the Planning Commission receive alle,y. Upon a voice vote� a11 Planning Commissi�n r�9eeting - Ju1y lla, ].976 Page 15 5 J MOTIOiv b�r Bergmdn, secondec� by Peterson, that the Pl.an.ning Corimission reoeive the petition against the vacation of the alley. � Mr. Langenfeld asked what the exact number of names were on the second petition. Mr. Boardman said that moving Mrs. Poehler's name to this one, �here rrould be 21 signaturPS, or 20 without 2•�farge Hentges. He explained that on the fir�t petition (in favor of vacation), �xcludin� the names of Noreen Poehler and Judy Zukowski (who asked their names be dropped) and riarge Hent�;es (who haci signed both but was not in the audience) ihere were also 20 names. At this point several people in tYie audience asked to have their names removed from one list and ad�ed to another. r1r. Bergman said he �rould like to clarify his motion. He stated that the ot'ficial, documented re�uests jaere part ni his motion, with no other changes. Chairperson Harris said those people �Jho �ished to add their names to these petitions should w-rite a note and give it to t;�e secretaries in the office tomorrow, and it would be submitted to the �ouncil with the petition. UP01v A VOICE VOTE, all voting aye, the motion carried unariimously. MOTION by Langenfeld, sec�nded by liergman, that the Planni.ng Conunission r�ce:nriend to the City CounciT denial o� the requesi, fcr vacat�.on, SAV ;{76-0l�, b�, Yaren Mesrerian, to vacaie the unimproved alley in t3lock 11, Spring Brook ParK Addition, lying bett�reen Libei i;y :��i;r�eet aiid ��y S�c�°eet iu.�. Mr. Langenfeld said that before he t��ent an,y furLher he ti•rished 1;o point ou� that this is a difficu'lt thing to do t,rith t�he situati�n the,y had 'nere. .�e said th�.t without q�zestion9 safety was i.rr,portant ta bear in mind, a.nd the matte-r oP majority rules c,ras alsa vr-,ry impc?rtar.i. �ie s�id he w�sl:ed t� den}T this vacation �'or the fo�.loi:ing reasons: 1. There appears �to be uncertainty as to �ahere the neighbors really wish to go, as there is ap�roximately a tie situatian. 2. The purchaserg or rer.ter, was aware of the unimproved alley and the problems thai. could exist. 3. Safety is a�roblem no matter which l�ray the vote wot�ld ga. Tn oth�er words, those tnat WP,X'P in the al��y wo�.i�d go in the street, etc. !�. As to the rtxlin�- ?s �:ar as one person itiri�niri�; to keen tn�s al'.ev ooen� �1r. I:angenfeld sa.id he t�rot�ld lil;e f,c �.eP �.hat, ver� �.ied. 5. Mr. Langenfeld said he would 1i.ke to see the Commission recor.imend as a separate action the possibility oi' improving the alley so there would be no question as to its usage. Mr. Bergman said he would like to comment that he sPconcied the motion with tne knowledge that there was sizable opposition to the requesi to vacate the alley. Mrs. Gabel said that with reference to improving the alley, she didn't think it had been determined that 1;he people want t�e alley to be improved. ��. � � � � Planning Commission Meeting - July 1Lt, 1976 Pa.ge 16 Chairperson t�arris stated that it appeared that status quo with the a].ley,from the testimony they had received was not a desirable f'ac�or, and that something had to happen with either improvement or traffic control. He said that it seemed to him that the Police Department was reluctant to patrol an unimproved right-of-way. rlr. Harris said that the ar�a was almost built to its maximum, so the situation that has �xisted since 19tati, in his op5.nion, could not continue any longer. He said that eiiner they were �oing to have an alley or they were not, but if they were going to have an al7_ey it should be improved. Mr. Langen2'eld said i:hat he would like �o indics.te that t�ose who may object to the outcome of this particular motion had the right to appeal to the City Coancil, Chairperson Harris agreed and told the audience that their actions ��ere not final, and the City Council wouJ_d have z'inal action on this. Mrs. l�abel stated that there had been a statemerit made ��rlier that if there was one person against it, an alZey wouldn't be vacated, and she kne�r that wasn't true f'rom personal experience. She said she wanted to state that s� some of the �eople wouldn't become discouraged. UPON A ROLL CALL VOTE, Bergman, Lar�geni"eId and Harr�_s ��ot�d aye; Peterspn, Gabel and Shea voteci nay. The vote being 3-3, it was a tie vote. MaTI01v by Petersor,, seconded by Shea, that t!�e Planni.�g Comm�ssion send th� s � on to the City Cot:.nci7. ��vith �� r��co:nm�ndation. upon s. voice vate; al7_ voting aye, the notion car� ied unans.mousl.y. Cnairperscn Harris said that this would go ora t� the Cii.y Council ior the�r del.iberation, and the Public Hearin.�; �rrould be set for t�ugust 9� 19(�. Chairperson Harris declar.ed a recess at J_0.7_U a.�d recon�eried the r�eeting a� lo :35 P.j'Z• 5K ' � � � embcr 1 t 6 � p 4: 97 , I, , Tc: iUaycr of F'ridley and Cour.ci� r",embe: s � �s we v�ill be unable to attend the meetin� of the �it;� Council cn Septem�aer 20th regarding the request for a vacaticn (SAV �7�-Oq) of t�e , a11ey bet�rree� Liberty and Ely Street N. E. in Blo��c 11, w� would like to state cur reasons fo^ caacsing this vacat.icn. ' 1. Almo:;t 3/4 of the hoases bac:�cing t'�e alle have fences. Ff the alley is cloaed is y '' ' ever,-yro��e going to the expense of moving , tneir fen�es back 6 fe�t or put in gates sc. the;� can get back to ta'�ce care o; this additional foet�.�e? At leaat �, portion ' �f them N�ill use it for d.umninG� mn� a1Zey is already bein�; used to ge� rid of grass cli��inas, s�nall branches, etc. ' 2. �''e -r.oul�z be in favor cf an improved alle be�au �e v�e h.sve a lar�;e aoat azd a ca;,iper ' that :ti�e would like to park in the back yard as our �arg�a sits be�ind. the house �r,ith a lona narr��v driveway which res•alts i:: limitE:d parking spacEo ; � � Eugene and Phyl2is Erickson ' 264 Ll,y ",treet TJ, e, a �� ,�� - / ic--tr�c:�i:��c''.d-c� � � � ' ��./�� .I � � '�_-%C� ��LC� ��,,�,clJ��h. ;�- - L_ , � � . • ' ' ' . �� . � . 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L _ L 's..f� - �G� ✓'C--��%-' L Z-�K < _ _ � i � � . -L = `%.�-�-- Z /�...�-�� !=-�-�, j �L-�',Y,r�c, �--� / '� , ��. � f �7 S . ��'�..rc z,,-�..! � / �� G� �� -i�--t� , Z' , :.� �� .:,�`z"� � .�L-�-c.k.., G'�•.�C� - �� %.;..- �� ,2 _� �� --�Z.�..��' r �.� �7� . ,� � . ; , r - � . --.r-, h.r�:--� —2..-�i --�°�t.�z�/ �Z- .�LC�¢,:�- �'—'', �� J - � "` � ��-.� 1.�. � ° .�.c� " �` � � .� � _ �� -�2 . ,; �1 j; �� . �-. \�y--�_ t �ti/ v � �.� _ K� .�L /yl.,.� `�..� �, �cv /��,—�- _ _ �� .h a �.� � � `,, , {!(�/ 1� �� c.�� -� � '�"' . :� � � RESOLUTION N0. 7� - 1976 A RESQLUTION DECLARI�G TNE NECESSITY FQR APd ADDITIONAL TAX LEVY IN ADDITION TO THE 10 MILL LIt�4I7ATI0P� PROVIDED BY T}1E CITY CHARTER SPECIfYIPdG THE PURPOSES f1(VD CALLING FOR A PUBLIC HEARIfJG Oi� SA�rE AND ALSO CALLING A PUBLIC NEARING ON EXPEPJDITURES TO QE f�ADE FROt�I REVENUE SHARING FUNDS BE IT RESOLVED, By the Council of the City of Fridley as fo�lows: SECTI Of� 1. That the Counci 1 of the Ci ty of Fri dl ey i n the month of August, 1976 recei ved from the Ci ty Manager a proposed budget of the City of firi dl ey for the year 1977, vrhi ch proposed budget wiien exami ned evi denced the necessity of an additional tax levy in excess of the City Charter limitation. '.SFCTION 2. That the purposes for which such additional tax levy is required includes additional sums for the General fund, additional sums for the Capital Project Fund, and additional sums for a debt service on ti�e Civic Center. � SECTION 3. That in addition the purpose of the public hearing is to discuss the purpose of Revenue Sharing Funds to be budgeted in the year 1977. � SECTI ON 4. That a publi c heari ng be hel d before the City Counci i at the°City1-1�11 at 7:30 P.M. on 20th day of September, i976 to cons�der this matter. 1 hat a copy of thi s resol uti on be publ i shed i n the offi ci al newspaper � of the Ci �y o� nagust 25, September 8 and 15, �976 to give notice of such pubii c hearing. PASSED AND ADOPTE�J QY THE CITY COUNCIL OF THE' GITY OF FRIDLEY THIS 2t�� DAY OF � . � A7TEST: CITY CLERY. � P•�ARVIN C. EiRUNSELL AUGUST , 1976. � MAYOR - WILLIAM J. WEE Publish: August 25, and Septen�aer 8 and 15, 1976 . � �I � ,� � � FRIDLEY APPEAIS COMMISSION MEETING AUGUST 10, 1976 MEMBERS PRESENT: Virginia Schnabel, Alex Barna, Dick Kemper, Jim Plemel - MEMF3ERS ABSENT: Pat Gabel OTHERS PRESENT: Ron Holden, �uilding Inspection Officer � The meeting was called to order by Chairperson Schnabel at 7:33 P.M. APPROVE APPEALS COr4NIISSION MINUTES: JULY 27, 1976 MOTION by Kemper, seconded by Barna, to approve the minutes of the July 27, 1975 � meeting as written. Upon a voice vote, all voting aye, the motian carried unanimously. .1. A Rr,QUEST rOR 'v'AicTkilCrS OF TI�E FRIDI,EY CITY CO,�E AS FGLLOW:� : S�CTIGTd ?Q�.I03 � l.t �( C� I� �'0 �ZEDUCE `PHL�' RE'r� YA� SETBnCK � ROM 25 FEET TO lp FEET� • AND SECTION 205.103, !�� (B�2) TO Rr�UCE TriE SI7E �ARD SETBACK FROM 35 FEET TO 17 FEET WHE�E 1HE SIDE YARD ABUTS A STREET CF' A CGRNER LOT, TO ALLOW THr. EXPAi1SI0id OF f: BtiTLDING Ii1 C-2 ZONING (GENERAL EUSIIVESS A�AS) IACATED ON LOT5 16 Ti�RGUGH 19� BLOCK �, HYDE Pt'�IRK �DDTTIOA', THE SA2�1E BEING 600s UNIL'ERSITY AVENUE N.E.' �'RID�EYs MINPIESOTA. (F.equest by hi & I Supply Companys Inc., 6005 University Avenue N.E., Fridley, Mi.nriesota 55l�32). MOTION by Barna, seconded by Kemper, to open the public hearing. Upon a voice vote, all voting aye, the motion carried tuianimously. AllI�INISTRA'TIVE STAFF REVTEtd � A. PUBLIC PURPOSE SERVED BY REQUI�.EMEN'rS: Ser.tion 205.103, !t, C, 1, to maintain a rear yard setback of 25 feet in C-2 zoning area. Public purpose served � by this requirement, is to provide adequate open space around commercial structures for aesthetic and fire figh+in� purposes. � � Section 20�.103, !t, B, 2, to maintain a side yard of 35 feet adjacent to a side sireet. Public purpose served by this requirement is to maintain adequate side yard setbacks and aesthetic open areas around commercial structures. B. STATED HARDSHIP: A hardship exists to applicant since applicant cannot expand their business without adding onto the e�isting building and inability to add on to business and expand would create an economic hardship. � 7 l � � � � Fridley Appeals Commission Meeti.ng of August 10, 1976 Page 2 -- 7 �A C. ADMINISTRATNE STAFF REVIE'6J: Tlae enclosed survey of 6005 University ,Avenue N.E. shvws both the exisiir�g and the proposed structure locations. The alley to the East in 12 foot in width and has been vacated, so that 6 feet of the alley is considered to belong to M& I Supply Company. The proposed structure will inerease the lat coverage to 3��. It will be used exclusively for cold storage. Other possible directions of expansion are impassible due to existing required parking on the North side and front of the building. Staff has no opposition to this variance request, but would like to request that a pleasing landscape design be incorporated into this improvement of the property. A].so, the Eas-t (rear) property line abuts on residential property and should be separated from it by an appropriate privacy fence.. Mr. Max Goldstein, principal owner of M& I Supply Company and his attorney, Mr. Irwin Ketroser, approached the Board. Also present were Mr. Dennis Barker, M�. and Mrs. Robert Schmidt ancl Helen Byrne, al]. neighbors directly to the East of M& I Supply Company. Mr. Ketroser explained to the Bo�rd thai M& I Supply Company was located on lots 16, 17, 18 and 19, and stated they wanted to build an addition and even off the building. He said that the proposed building would ma.i.ntain the exact same characteristics on tne exterior walls, hei�ht, etc., as the existing building, and wouldn't be changed in any �.ray. He s�ated it wouid be rounded off to about 80', and be practica.Ily square. Ntr. Ketreser added that the obvious reason for the addition wa� that th�y needed the room badly for expan-- sion, and he poa.nted out that �here was a.n alley that had been vacated so an a�ditional six feet of property belonged to ��1 & I. He sazd he p�obably should mention that when the property was purchased they noticed in �he title that original.ly 30� of the property was dedicated for street right-of-way, and subsequentl.y vacated; at �he time tre street was built the street right-oi- way was not recledicated, and so technically thirty feet of the street would belong to the owners. � Chairpersrn Schnabel showed the pictures Staff had taken depicting where the addition would be going on and the proximi�Ly of the adjacent property. Mr. Plemel asked if the drive-in door in front was used at all, and rir. Goldstein � replied it was used quite often, and explained it was a receiving door. He stated that once they got the addition, most of the receiving would be done in the back. � � � Chairperson Schnabel pointed out tirhere the 27' setoack �rould be, and asked if there was a similar request for the existin� structure. i��Ir. Holden replied there wasn't anything in the file, and asked how old the building was. Mrs. Schnabel looked through the file and determined it was built axound August of 1953, although she said it was hard to decipher. She said that in effect, if this request was approved, they should approve the entire structure. Mr. Kemper asked if this had been discussed with any of the,neighbors, and Mr. Goldstein said he had discussed the proposed addition with one of them. Mr. Kemper stated that the planning chaxt for the two pieces of property to the North of M& I showed fencing, shrubbery and green spaces. He asked how the City could attempt to accomplish anything with the landscaping since M& I only owned their property. Mr. Holden responded that they were presently in the process of talking to the owners of Club 1t? and Mel�s Van-O-Lite about the possibility of tying the area into a.more attractive package. , l � � � � � � Fridley Appeals Commission Meeting of August 10, 1976 Page 3 Mr. Barker stated he lived behind Hi & I Supply Company on lots 1!t & 15, and his objection was to the damage it would do to his house by extending that building and raising it up. Mr. Ketroser explained tha.t it woula not be raised, but would be no higher than the existing height of ihe South wall. Mr. Barlcer said he was a contractor and asked to see a plan of the proposed addition� as they had no way of knowing exactly where it was going to be unless they had a plan. Mr. Goldstein answered that they did not have a plan. 1�2r. Barker showed on a photograph the view from his patio and explained how the building would be raised up because of the sight line and block his view. He stated the building was non-conforming r�ow� and he objected to them buildi.ng any more on it. Mr. Ketroser stated that Mr. Barker's house was about 70' from the building, and that seemed like quite a bit. :ir. Barker explained he was talking about sight line. Mr. Goldstein said 'ne believed Mr. Barker's house was higher than his building, and T�Ir� Barker asked what th�.t had to do with it. Mr. Barker said when the building was moved closer, the sight line would go up. Chairperson Schnabel said that i�ir. Barker• had a valid point as the neighbor behind, and she appreciated ihat. She asked if the idea the City had in terms of fencing and screening the area would help his problem. Mr. Barker replied not at all. He stated that if a 30' fence was put up it might cover the building, but not a little b' screen fence. Mr. Schmidt stat,ed that he 1.ived directly behind the Su�ply Co�npany and next to Mr. Barker on lots 12 & 13, and he was also against the addition. Mrs. Byrne said that she livEd at 5020 l�th Street, and w�en it w�s first explained to her she was told the addition woulci be higher th�i h�r garage� and that was why she was concerned. Mr. Kemper asked how they were going to drain the roof. Mr. Goldstein said they would have to iigure that out. Mr. Bar:1a suggested running a drain, and Mr. Holden suggested they could put in an internal drain system or compZete2y change the nature of the existir�g roof. Mr. Barna asked if ther� V�ould be a basement under the new structure, and hew high the ceiling would be. rlr. Goldstein said there would be no basement, and the ceil.irzg would be about 1!�'. Mr. Kemper asked who was drawing the plans, and Mr. Goldstein replied a contractor. Mrs. Byrne expressed her concern aver the height of the roof, and Mr. Barna 1 explained to her how they would be bringing the roof straight out. Mrs. Byrne said.her view would then be lessened by four feet as hsr house was behind half of the existing structure. 1�ir. Schmidt said that if the addition was geing to � be going any higher ar wider than tre existing building� it would be increasing the exposure to his groperty. He showed on the photograph what his view was, and explained how he would see more of the building with the extension. Chairperson Schnabel explained to the neighbors that the building would be staying the same distance from 60th Avenue, and asked tnem when their houses were built. Mrs. Byrne replied in 1959, and Mr. Schmidt said his was built in 1960. " Mr. Kemper asked if ther� had been any consideration to expanding the building � in a different direction and adda.ng parking to the rear. Mr. Holden said that would take up parking stalls that would be necessary �'or their business. Mr. � i � Fridley Appeals Commission Meeting of August 10� 1976 Page � ', j Kemper asked if it would be possible to add parking stalls to the rear� and Mr. Holden said then it would be necessary to add parking access off of 60th Aven�e, and there wasn't a lot of room back there. Mr. Kemper said it would be 2�' plus ' the vaca�ted 6�, but Mr. Holden explained �ow they could hardly park in there at alle He added that the Cityis plans called for that axea to be re-landscaped to make it more pleasing to the �eighbors, Mr. Kemper stated that righi now ihe visual pollution was quite extensive, and asked if the addition of some landscaping e.nd some fencing would be an improve- ment. rirs. Byrne said it would be an improvement over what there was right now. 7C Mr. Barker asked what exactly the hardship was for this. He again stated that the building was already non-coniorming and showed where it was supposed to be 35' setback but was only 17'. Mrs. Schnabel explained that the hardship was that the petitioner could not expand hi.s business without this addition, and that would be creating an economic hardship. Mr. Ba..rker suggested they move to another site. Mrs. Schnabel said there were a number of businesses in �'ridley who came in for va.x•iances for this reason. She stated that economically it would be much harder to construct on a new site than build an extension. Mr. Barker said that since the City had the codes they should be acihered to. Mr. Kemper stated tha� people do need var�.ances from time to time, and that was �rhy.they had provision for them. Mr. Barker said he was aware that happened. I�Lr. Ketreser asked ?�r; Barker to stop anc� �hink abou.t the ecoromic factors � inv�l� �d for the oT�mers of 2•S & I befor� he said they should just pack up and move. He stated th.at rS & T was a good business in the Cit�r, and Fridley should promote every consideration �o help them to expand, rIe said tha�t ?�i �C I had expressed thei.r compl.et,e willingness with the Gi.ty to beautify the area. h1r. Barker said he sa�° those problems and syrlpat'_iized witr them� but they ��ere damaging his property by doing tnat. He said ri & I was asking �'ridley to use about $1U,00Q worth of land that they legally could not build on nour. Mr. Ketros�r said the average resiu�ent would not make the issue out of this that Mr. Barker was, and Saia_.ne thought I�Ir. B�rker was making a mountain out of a molehill. Chairperson Schnabel said these people could put an 2ddition on their building � and stay within the code, but it wouldn�t be very aesthetica�ly pleasing. A7r. Barker said he didn�t think they could build anything there without getting a variance. Mrs. Schnabel showed where they could build taithout a varianee. Mr. Ketroser said they could confox�ri the building :�n a very awktirard shape, but � he didn't think Mr. Barker would like what it looked l�ke. rIr. Baxker said that was possible, but when they went in for a permit there might be problems. � Mr. Kemper asked Mr. Barker if there was any kind of rear-yard construction that would be accepi.able to him, and I�Sr. Barker said he didn't think they couid transplant trees big enough to cover up the building oiice the addition was built. � Mr. Kemper asked if there was any type of landscaping that would help solve any of his visual problems� and Mr. Barker ans�rered a fence and massive trees. Mr. Kemper stated they had an impasse and asked if there was any way the visual pollution coul.d be reduced. Mr. Barker stated he didn't thi.nk there was. He � said he planned on selling iiis house soon and felt the appraisal would be lower because of this. Mr. Sarna asked Mr. Barker if he was looking for monetary � � Fridley Appeals Commission Meeting of Augus*,. 10, 1976 Page 5 % j� compensation� and he answered he would rather have th.em not build the addition. MOTION by Plemel, seconded by Barna� to cicse the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimausly. Mr. Kemper asked Mr. Holden to explain t,he potential changes that were being considered concerning the shrubbery and green spaces shown on the planning chart. Mr. Holden said it was an overall landscape program where anything that would be d�veloped by the property owners would be cleared through the City. He said the real purpose Vras to try to make that area a more pleasing place. Mr. Kemper asked if the variance was deaied if it would be Idir. Holden's opinion that the proposed landscape plan wculd not be affected at this time� and Nir. Holden said he thought that vras true. Mr. KEmper then asked if this was approved and accepted by Cou.�cil ii it t,rould be affected, and 2�Ir. Holden replied it would. He added that the matter of developing and improving landscape programs was an on-going process and took a lot of planning and patience. rir. Holden said th at the question had been brought up regarding trees as a possibility for screening the building off from the residential property to the rear. He said it would cert�,inly be mare expensive than typi_ca1 land- scaping, but it seemed possible to provide trees that would be as high as the building. Chairperson Schnabel pointed out tn.ere taere not a lot of trees on the proper�ty immediately behind which provided. any screening from the existing structure. Mr. Kemper corrunence��. ihat tnere wou.Iun't be a�reat dsal of propsrt�� left to plant �;rees on. after the building was con$tructed. Chairperson Schnabe7_ said that she understoad what was being proposed by the City was a privacy f.enae or screening fence put on the lot line directly beh.;nd the structure a.r_d some type of shrubbery plari��de She asked if tha�; shrub�ery �rould go on the residential pro�ertyn r1x. Holden replied it would be on the commereial side of the fence. T�irs. Schnabel asked if the 10' wide strip o� land from the rear of the proposed building to the screening fence and shrubbery was a reasonable ainount cf lal.d for purposes of safety. Mr. Holden replied it was, and explai,ned there was access to three other sides oi the building for fire-fi�htinb purpnses. � Mrs. Schnabel said that it appeaxed they had a. problem in that the petitioner wished to eYpand his business and was, in a sense� lccked in since there was not much property that was available on which he could expand. 1�1r. Holden � remarked that a proposed addition to the Narth would not get any�rhere near the square footage as this proposal. � � � � � Mr. Plemel said he was hoping a bit of a compromise could be wor;ced out� but it appeared the neighbors in the rear were quite adariant. He said he would be in favor of the variance with some screening in the rear, and thought the neighbor's objections were a bit magnified. Chairperson Schnabel said it seemed to her that even if the building was moved northwards, it would still have to come back as far as it was in order to gain the amount of space that they want, and would encroach even further. She stated it was a very difficult thing. Mrs. Schnabel added that she under- � Fridley Appeals Commission �4eeting of august 10� 1976 Pa�e 6 7 E � stood the petitioner wishing to make a neater building by making the structure look as aesthetically nice as �ossible. She as�ed if he intended to use the same exterior material that they had now, and Mr. Goldstein said it would be the same type of building that wa,s there now--painted concrete blocks. I Chairperson Schnabel asked what the �� Mr. Goldstein replied the North end now, and they wantEd to keep it th�.t existing height of the building was, and was about 1�' where they had cold storage particular height. Mr. Kemper stated that whichever way the decision was made� one party or another would be unhappy. He said the auestion they had to ask was whether the area was going to be essentially improved by this addition or would it tend to deteriorate. He stated that after hearing all the things that had been said and looking at the pictures, i�t was his belief that it would probably ultimately result in improvement to that commercial area. He said it may detract fram private proper•�y owner's value, but it may not, and it was difficult to decidE. He said he would be inclined to approve the request for variance because of the advantages of the proposed screening and the advantages of continua.ng to attract business to Fridley and a31ow those people in bus�ness to expand where possible. Mr. Kemper asked N1r. Goldstein if he had thought c�f a different type of roof, such as a false mansard roof all the way around the struc�ure,to make it more .aesthetically pl�asing. i�ir. Goldsteir. said he hadn't conside•°ed it. Chai.r.person Schnal�l asked if he would "like to consider. that to perhaps make the building a little nicer as f ax as t'r�e neighbors were eor:cerned, a.nd :Ir. Goldstein said he could look into it. Mr. Holden commented that from the discussion it see�~�ed like Mr. Goldstein � wanted to increase the hei�ht to about 17�. Mr. Goldstein said he decided against that., and added it wouldn't be any higher than the parapet height. He said they would maintain tr�e 14' height. � Mr. Barna said he would feel more co:nfortable with �this if he had seen some type of drawing af the proposed building. Mr. Goldsteir..said it would just be a block building squared off. Mr. Barna stated it didn°t hit him as being � very desirable, but if -there was a good architec��ural design possibly the neighbors wouldn't object. � Mr. Schmidt stated he didr:'t k�ear Nir. Goldstein�s answer regarding the height of the builciing, and r�rs. Schrlable told him the pet�tioner said he would go no higher than the 17', and may stay w�itn the 11t' because of the draina�e problem on the roof. Mr. Gol.dstein explained that when he was talking about ` 1!�' he meant the interior. He said the ceiling height in the new structure. would be about the same as in the existing structure. rir. Holden stated that the petitioner cioes not propose to raise the height of the ceiling or the I roof any more than it is. He said the roof will come closer to the neighbor's property, but not up, �nd the parapet wall would be extended back. He added that the height of the building would not chan�e. . iChairperson Schnabel said that if the members of the Commission felt they would like.to see an actual drawing of the p:oposed addition, they could consider C�1 � � � � � I �� Fridley Appeals Commission Meeting of August 10, 1976 Page 7 � �. tabling the request until such drawing was produced. She said if th� felt they understood and felt secure that the petitioner explained exactly how he intended to make the proposed addition w�.thout any drawings, they could -act on it. Mr. Kemper said he thought he really didn't have to see a plan, and would prefer to act on i.t. Mr. Barna said he would go along with that. Mr. Plemel asked if they could stipulate that large trees be planted. Mr. Schmidt said he worked with trees and suggested they would cost between $85 to $100, planted. Mr. Kemper asked Mr. Holden if he thought this could be worked into the landscape plan, ar.d Mr. Holden replied he thought it could. Mr. Kemper asked where the trees would�be planted, and r1r. Holden said they would have to be planted very close to the fence. Mr. Barna asked if Mr. Barker would object to the trees being planted on 1-,is property, and Mr. Barker said he would be willin� to take trees anywhere he could get them. He added that his only ccncern with this whole thing was that they were going to damage his pr�operty by doing this, and added that he was an appraiser �a�d he knew this. He suggested that if the owners of M& I didn't think it would damage his property they should pay for an appraisal before and after. � Mr. Goldstein and his attorney stood up and prepared to leave, saying they were ready to drop the whole thing. r1r. Plemel asked them to please reconsid.er. Mr. Kem�er said the problem that they faced was that even if the Appeals Commission was in favor of the vaxiances,rir. Goldstein would still have the I Planning Commissi.on to go through and t.hen the t;ity Cour,cil., *�Irsa Schnabel 'explained the Planning Commission rrould just, review the m�.n�tes of this meetirig, and the City CoL:ncil k�ould have another hearing on it. � � `� J � � � i ! t MOTICN by Plemel, seconded by Barna, that the Appeals Co.mmission recommend to Council appraval of th� request for varzancew with the fcllowing stipulations: 1) The block plan for improvement of the landscape (greenery and shrubbery planted on the East, West and South) be implemented, and 2} The roof design be no higher t,han the original building and th� parapet no higher. Upon a voice vote, all voting aye, the motion carried unanimously. Chairperson Schnabel informed Mr. Goldstein that this would go before the City Council on September 13th. � � � ,--,. r- V 2 t,U � �. � � � � Q � � w � ti � � � � � �� j i I M� F�I AUTO SUPPLY CODiI�ANY, IINC. � , ' � ��- •-_ i__'M.,.t.. _r� `•/ '. -....ir -•�_'.. . I.�i � '�� - - • - _ ��' I y ^? ? �'' . . .. . 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I , � ., � I:, � i�, , �, � � � � � , ' ' - ~ `. -- �. , � �� v � • �� . . 1 c, lr__ � � » '"__ J �I I' i ' �..- .::�.7', - �_ s-s P � ' � .'. � � 'J�J C1. �� , I � \ . � ` � ' � � T �� 1 � .. i4--22 �t-` +'',j�-a . � ,� I�� ,' ' � ' '� ��^ 1 � '��5''�._ .�.....-.f.+.__.' `l __.•_--.._.�_y.�......._._._.�. `- '� , �Z �--� - r� L /::.�.JJ ,I."' _ fIlRON � , v `� `� P � � � \ � � �\ e. ' %Cu�b ' I �_-�-. , - - - - - - -- �- ---��-____�___-__.._�--�� ___--f--- 6UT�-1 !� v�= ,�It1,� lV. E. SU:��r,Y FORs M i I Ar.to R�nnly Ccc:innr, Inr., �cole: 1" = 20� P��dIPTIO�: J.ots 16� 17� ld :u��l 19, Alock 4� Ii�Kio Pnrk. , ae !earoby cer61"c �h�t L13 ts s trnc nud crn•rect r.•nc•r:��•�•:�;.icn of a��n•+•ry of' th�•�t�o�nxl�rl�•� nf t.!iw lard x:�ova dc- ver?twai AnA nf tt.o l�cnt.!on o!' sll :aitldln�•a� t;- n�iy, e.hor��nn. n:;d sll v!a1C?�. �^cr,,ncl:��uts, {f nny, from or on :�n11 land. pat.al thie oth dry of Jaly, ly7(,. F.GAN, FiF.IP F. NObf�K, i1:C. .;��,•,•y,�r�� \ � ►,y- ;ir � --! �� _ 1, / 4 '_ 1 � klnu,•e�uts i;,•,•t:�t.•'r,ciun',��. �/u•�f � � 7G � � �. t. w- j: � � STATMENT OF CANVASS PRIMARY ELEC7IONS ' SEPTEMBER 14, 1976 I DECLARATION OF RESULTS THEREOF 1 � � � In accordance with Section 4.08 of the Charter of the City of Fridley, the City Council declares the results of the 1976 Primary Election to be as follows: A. The �otal number of ballots cast was: Ward 1 - Precinct 1 Ward 1- Preci nct 2 Ward 1 - Precinct 3 �Jard 2 - Preci nct 1 Ward 2 - Precinct 2 Ward 2- Preci nct 3 4dard 3- Preci nct 1 Ward 3- Preci nct 2 ►dard 3 - Precinct 3 395 557 362 527 337 623 534 241 369 TOTAL 3945 �3:1�� 3. The votes for each candidate, number of defe�tive, spoiled and not votes , are as fo>>ows; UNITED STATES SENATOR IN CONGRESS , W-1 �-1 t,l-1 P-2 W-1 P-3 W-2 P-1 W-2 P-2 W-2 P-3 W-3 P-1 W-3 P-2 W-3 P-3 �FL TICKET � ck ullock 29 35 22 54 16 62 47 19 19 �bert H. � TOTAL K�� . mphrey 273 35<< 280 342 251 420 34� 152 270 2689 TiCKET Jerry �kke 11 37 10 20 14 36 34 _ 12 7 ;�chard (Dick) = anson 24 21 9 16 15 38 30 10 10 hn H. 181 173 ulaver 8 9 1 3 8 1 12 2 4 48 �a �� ifiooney 1 6 1 3 3 0 0 3 2 19 , �land � ' Sutch" "e�� 0 2 i 3 1 1 3 1 1 13 I � ' AGE 2 STATEPIENT OF CANVASS 8 A �i . PRIMARY ELECTION ' ' SEPTEMBER 14, 1976 � UNITED STA7ES SENATOR IN COTdGRESS (COM�INUED) ' W-1 P-1 W-1 P-2 W-1 P-3 W-? P-1 W-2 P-2 W-? P-3 W-3 P-1 W-3 P-2 W-3 P-3 TOTAL poi led, fecti ve r Not Voted 49 93 38 8b 29 65 61 42 56 519 � TOTAL: 395 557 362 527 337 623 534 241 369 3945 , UNITED STATES REPRESENT/1TIVE IfJ CONGRESS - FIFTN DISTRICT FL TICKET � �nald M. Fraser 2hl 328 251 334 231 396 335 144 247 2527 �la i 1 Ratt� 37 57 49 63 31 88 56 23 37 44I R TICKET . . �i chard M. rdall 46 79 26 44 43 82 81 " 28 25 454 �pailed, efecti ve r Not Voted 51 93 36 86 32 57 62 46 6G 523 OTAL 395 557 362 527 337 623 53�► 241 369 3945 ISENATOR IPd LEGISLATIVE 46TH DISTRICT DFL TICKET �n �rank 160 190 158 163 98 222 185 87 152 1415 ,avi d D. Schaaf 144 206 148 237 165 268 210 88 137 1603 R TICKET Ben Ho 44 80 25 44 42 80 . 84 27 25 451 'poi led, Defective � �r Not otes 4� 81 31 83 32 53 55 39 55 476 i �i �AGE 3 STATEMENT OF CANVASS . � . . � P2IMARY ELECTION � SEPTEf�1BER 14, 1976 'SENATOR IN LEGISLATIVE 46TH DISTRICT (COWTINUED) ' W-1 P-1 IJ-1 P-2 W-1 P-3 W-? P-1 tJ-2 P-2 W-2 P-3 W-3 P-1 W-3 P-2 W-3 P-3 TOTAL OTAL 395 557 362 527 337 623 534 241 369 3945 � RE�RESENTATIVE IN LEGISLATIVE DISTRICT 46A FL TICKET Paul �cCarron 290 358 258 I R TI CKET • 'arb Naake 47 78 poiled, efecti ve r Not Voted 58 121 ' TOTAL 395 557 1 369 1275 42 77 _ 37 88 337 534 R�PRESENTATIVE IN LEGISLATIVE DISTRICT 46B FL TICKET ayn � Simoneau 293 368 �R TI CKET �Wayne rovart � 23 42 �poi le�, efective r N ot `oted 46 117 447 81 95 TJTAL 362 527 623 ' � � � . � , 244 304 E�:3�� 149 275 1532 27 25 198 65 69 392 241 3b9 2122 � AGE 4 � STATEMENT OF CANVASS g C ' � � � , � � � ' � ' ' � ' � � � C. Narr�es of the judges of electian are as follows: WARD 1 PRECINCT 1 t�ari lyn Pec�c Nancy Londroche Mari e Hugh es Betty Baldwin Dori s Tallaksen Carolyn Holmen Qarb Tangren Betty Forster Evey Podesvwa Clifforn Ness Carol Schnei der WARD 1 PRECINCT 3 Velma Pinks Ardella Quss Margaret Powell Charleen Swanson Gl ori a l ve rs Rosella Amar Sharon Hippen Vi Lind P�athi 1 da Rose Johnson Laverne 6razi 1 Rosalie Halling WARD 2 PRECINCT 2 Jeanette Micholski Katherine Scott Karen Bjorgo Pat Ande rson Phllis Ries Joan Swenson Al i ce Turner Helen Shaffer Marian Smith Chris Aasland Ivancy Newport Gladys Luhman WARD 1 PRECINCT 2 Joyce McClellan Dorothy Houck Shi rl ey Kohl an Pat Holmes Bonnie Kuzyk Mary Sul l i van Alice Anderson ��lary E. Storley Evelyn Selenski G1 o ri a We 11 an Lois Hines WARD 2 PRECINCT 1 Jenny Locker Betty Brezney Al i ce Peterson Caroline Svendsen Theodora Sasek Ge rri Engdahl Rita Pie rce P�uri el Pomeroy Eunice Grier Kay Beihoffe r Doris Reiners WARD 2 PRECINCT 3J Bev Kinsman Jean Wagar Carolynn Blanding Marlene Sonstegar G�orgine Henkel Judy Engebretson Lois Foard Marlys Lisowski Dorothy Oden Adeline Swanson Pearl Stiles PRIMARY ELECTION SEPTEMQER 14, 1976 ; aGE 5 , , C. ' � � � � ' � , � ' � , ' ' ' � ' .� �TATEI+IENT OF CANIIASS � PRIMARY ELECTION SEPTEMBER 14, 1976 The names of the judges of eiection are as follows: (Continued) WARD 3 PRECINCT 1 WAt�D 3 PRECIN T 2 Yvonne Sprungman Pat Dittes Naida Kruger Alene Johnson Betty 6onine Joanne Roeter ng Jo E. Caron Evelyn Horn Elaine Nielson Darlene Vaili • Myrtle P�orphew Sabina ��lostro Connie Samuelson Barb Gohman Joan Palmquist Delores Chris enson Evelyn Holtze Pat Gabel ' Jordi s Mi ttl estadt P�9i 1 dred Buck Nina Maeser Bobb-ie Johnso WARD 3 PRECI NCT 3 Laverne Rosei;h 6ev t1i l ler Sharon Reemsia 'ean Mi l ls Linda Tatley Gladys Syvers�n � Jean Johnson Doris Larson Veronica 0lstead Betty Nelson Germaine Wohlsfeld Ginnie Velin COUN C I L��IOMAN COUNCILMAN CQUN CI Lt�AN �OUNCILMAN ,YOR - WILLIAM ,]. NEE ,�- ��. � 9 �� Y____.�.,. _ � .�...s-« September 15, 1976 City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Attn: Mr. Bill Nee, Mayor RE: Onan Corporation Dealer/Distributor Conference and D� Dear Mr. Mayor: splay On September 26th and 27th, Qnan plans to have another De ler/Distributor conference similar to the one held here in October of 197 . Concurrent with this cor.fere.^.�� ,T� �aill have an open house on Sunday f�r our employe.es an�. their families. At our last conference, we had two tents in our office pa king lot. This year we plan to erect a single tent measuring 50' x 110', for a special display of our product line. �9e intend to have it erecte on Tuesday, September 21st and taken doi,a-� on Tuesday, September 28th. If this should require City Council action, could you please have it on he agenda for Monday, September 20, 1976. We have the capability to host a limited number of people in addition to our employees, and I would like to extend an invitation t you and any other interested city officials to stop and see our opera ion on Sunday. Your cooperation in tliis matter is very much appreciated. Sincerely yours, ')- . : = i : ; �' 1 ( - �', � _ �.'= c ' t horwood G. Nelson, - r9anager, Plant Engineering � . � 9 APPROVED BY �� C��:��-�-�'� NGN/cds EPUTY I RE H I EF � 1400 73RD AVENUE N.E. • MINNEAPOLIS, MINNESOTA 55432 •(612 766-Ca322 ' A DIVISION Of ONAN CORPORATION , ' . 1 . Tl PE OF� LICEfvSE. ITAVER�1 'Cantabury Pub 6479 University Ave. N.E. Fridley, Minn. 55432 ' PIiBLIG DRIhKING PLACE 'Cantabury Pub 6479 University Ave. N.E. Fridley, hin. 55432 ' ' ON SALE - OFF SALE BEER Cantabury Pub '6479 llniversity ave. N. E. Fridley, Mn. ��32 ' CIGARETTE Cantabury P�.:�_ �6479 Univer��ry Ave. `.r. Fridley, 1�1i�_-.esota 55�1s2 ' FOOD ESTF�BLISf�1ENT Cantabury Pub ,6479 University Ave. N.E. Fridley, r9innesota 55432 � , ' ' Pagc 1 of 1 ' . - ' I ' I3Y: Rabert Shimanski Robert t4hite AE�PROVL'D !3�'_ James Hill � Public Safe y Director Robert Shimanski James Hill Robert White Public Safe y Director Robert Shimanski 3ames Hill Robert �Yhite Public Safet Robert Shimanski James Hi.11 Robert LVhite Public Safet Robert SI11TI11I1SIC1 Steve Olson Robert tiVhite. Health Inspe y D9.r. ector v Director :ctor v��iyiv. �10 FEE: 0 12.00 300. 00 20Q.00 25.dQ 16.64 .. ._. ._. ..� < , _ . . , __: _ . __. _. _ � � �; _ .� , . ,, .: , . < ,... , ,�. �.a,. , . . _... ._ _ _ . , -:: .,._ : : ,�, . .. _: _ . ;. - . , . . .� l; '.�. d. � . , . . . ( . � - . . _ . . . .. '. CITY OF FRIDLEY 1 MEMORANDUM , TOa City Council FROM: Thomas A. Gedde for Virgil Ce Herrick, City Att rney ' SUBJECT: Ordinance Relating to Sexual Conduct DATEo September 17, 1976 ' Attached is a proposed ordinance which would egulate , sexual conduct at licensed on-sale establishments in t e City of Fridley. The ordinance is identical to the Burnsville ordinance which received a first reading at last weeks council m eting. ' Also attached are three optional parag�aphs. You may wish to consider including language such as that conta ned in one ' of the three optional paragraphs or some other similar language in the ordinance, since the ordinance as it presently eads does not regulate the conduct of dancers or "go-go gi�Is". �' ' TAG : JLH t � ' ' � � ' ' . ' . ' , ' ��5 r ,. 0 ORDINANCE N0. AN ORDINANCE ESTABLISHING CHAPTER 607 OF THE FRIDLEY CITY CQDE ENTITLED "SEXUAL CONDUCT" THE CITY COUNCIL OF THE CZTY OF FRIDLEY DOES ORDAIN: SECTION 607.01 Prohihited Acts and Conduct The following acts or conduct on premises holding an on-sal liquor or on-sale nonintoxicating malt liquor license are deemed cont ary to public welfare and morals and therefore no "on-sale" license shall be held at any premises where such conduct or acts are permitted: 1. To employ, use, or allow any person in the sale or service of alcoholic beverages in or upon the licensed premises w ile such person is unclothed or in such attire, costumeq or clo hing as to expose to view any portion of the female breast below he top of. the areola or of any portion of the pubic hair, anus, left of the buttocks, vulva or genitals. 2o To employ or use the services of any hostess while uch hostess is unclothed or in such attire, costume, or clothing a described in paragraph 1 above. 3. To encourage or permit any person on the Iicensed remises to touch, caress, or fondle the breasts, buttocks, anus, r genitals of any other person. 4e To permit any employee or person to wear or use an device or . t covering exposed to view, which stimulates the breast, genitals, anus, pubic hair or any portion thereofa �� ' , � CJ 5. To permit any person to perform acts of or acts (a) With or upon another person sexual inter sodomy, oral copulation, flagellation, or any acts wtiich are prohibited by law. (b) Masturbation or bestiality. ch simulate• : (c) With or upon another person the touching, ca�ressing or fondling on the breast, buttocks, anus, or ge�ttals. 6. To permit any person to use artificial devices or inanimate objects to depict any of the prohibited activities described ove. 7. To permit the showing of film, still pictures, el ctronic reproduction, or other visual reproduction, or other visual reprodu tions depicting: ' (a) Acts or simulated acts of sexual intercourse, mastur- bation, sodomy, bestiality, oral copulation, fla ellation, or any sexual acts which are prohibited by law. ' ,� (b) Any person being touched, caressed, or fondle on the breast, buttocks, anus, or genitals. (c) Scenes wherein a gerson displays the vulva or the anus or the genitals. (d) Scenes wherein artificial devices or inanimat objects are employed to depict, or drawings are e�nployed t portray, any of the prohibited activities described aboveo SECTION 607002 Penalties Whoever violates any provision of this ordinance shall be gu lty of a misdemeanor and sentenced to imprisonment for not more than 0 days or to a fine of not more than $300.00, or both, and such violation shall be grounds for revocation or suspension of any and all licenses held at such premisese PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDL THIS DAY OF , 1976. MAYOR - WILLIAM J. NEE ATTEST: CITY CLERK - MARVIN C. BRUNSELL 0 J . -. Any one of the following additional provisions may be added to 607.01 as paragraph 8. Option No. I: To permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her g nitals or anus, except where the genitals or anus are covered wi h transparent or opague clothing. Option No. 2: To permit any person to remain in or upon the Iicensed premises who exposes to public view any portion of his or her g nitals or anus, except where the genitals or anus are covered wi h opague clothing. Option No. 3: To permit any person to remain in or upon the licensed premises who exposes to public view any portion of the female b east below the top of the areola or any portion of his or her gen tals or anus, except where the female breast below the top of he areola and the genitals or anus are covered with opaque cloth ng. 0 :.�ri�lr� �nited �e�l�u�►i�t t�l�urrl� 666 N.E. MISS�SSIPPI ST., FRIDLEV, MINNESOTA 55432 James R. McChesney. Pastor �. ! � , , ;; � � ZO Septeraber i975 Dear City Council.�nan: In regard to the recent police reports and public media information about allowable behavior at public , taverns, I endorse the passage of an Ordinance such as the one from Burnsville, MN (#14I� which is before you. I consider it to be an explicit set of laws to define for tavern operator� and the Police Depart�ent the line between the Iawfizl and the unlaw�uul. As a spokesman in the religious comn+unity, S affirm such a clear statement of the law as your�ord�j�ned work. on beiialf of the pY�qsical and ►noral life of this commttn— ity, and do not consider such an ordinance any incumber— ance on our cini]. liberties. It is a sad commentar;, that such pub2ic behav3or become more accepted recently, and that we should even need define such things to protect our community against those who create such public spectacles for various reasons, includi.ng money. I vrge the passage of such a protective ordinance. Very truly yours, James R. McChesney Pastor . � JRMcC:dm �►}� 0 � I, � � � � RESOLUTION N0. - 1976 RESOLUTIOPJ CONFIRMING ASSESSMENT FOR 1976 4JATER AND SEWER MAI�S, LATERALS, ANQ SERVICE CO�JPdECTIONS � QE IT RESOLVED by the City Council of the City of Fridley, Mi�nesota, as follows: i. The City CTerk has with the assistance of the enginecrs eretofore selected -� by this Council for such purpose, calculated the proper ounts to be specially assessed for the . 1976 ��ATER AND SEWER f�IAINS, LATERALS A�JD SEP.VI�E CONNECTIONS � in said City against every assessable lot, piece, or par el of land in ,• accordance ��rith the provisions of law, and has prepared nd filed with the Ci ty Cl et�k tabul ated statements i n dupl i cai;e sho�,�i ng i;he proper descri pti on � of each and every lot, piece, or parcel of land to be sp cially assessed and the amount caiculated against the same. ' 2. Notice has been duly published as required by law i:hat his Council would meet in regular session at this time and place to pass o the proposed assessment. i ' � � � r i �_ 3'. Sai� proposed assessment has at all times since its fili g been open to - inspection and copying by all per�ons interested, ar�d an opportunity has been_given to all in�erested persons to present their ob ecti�!is, if any, to such proposed assessment, or to any item thereof, and no objections have been fiied; except 4. The amounts specified in the proposed assessment are chaj�ged and altered as follows: � � 5. This Council finds that each of the lots, pieces, or par els of land enum- erated irt said proposed assessment as altered and modifi d was and is specially benefited by the 1976 IdATER AND SEI�JER PiAINS, LATER/1LS, AND SERV�ICE CONNECTIONS � in the anlount in said proposed assessment as alte►°ed and modified by the corrective roll in the amount set opposite the descripti n of each such lot, piece, or parcel of land, and that said amount so set out is hereby � levied against each of the respective lots, pieces, or arcels of land therei n descr•i bed. � i � 6. Such proposed assessment as altered, modified, and corr cted is affirmed, adopted ai�d confirmed, and the sums fixed and named in aid proposed assess- ment as altered, modified, and corrected, with the chan es and alterations herein�above made, are affirmed, adopted, and confirmed as the proper special assessments for each of said lots, pieces, or parcels o land respectively. 11 j� .. 11A PAGE 2, RESOLUTION N0. - 1976 I � !. � � � � ' � � � Said assessment so affirmed, adopted, and confirmed, sha 1 be certified to by the City Clerk and filed in his office and shall ther upon be and con- stitute the special assessment for 1976 4JATER AND SEWER MAINS, LATERALS, AND SERV CE CONt�ECTIONS 8. The amounts assessed against each lot, piece, or parcel f land shall bear interest from the date hereto until the same have been p id at the rate of seven and one-half (72) per cent per annum. 9. Such assessment shall be payable in fifteen (15) annual nstallments payable on the lst day of January in each year, beginning in �he year 1976 and con- tinuing until all of said installments shall have been p id, each installment • to be collected vrith taxes.collectible during said year y the County Auditor. 10. The Ci�y Clerk is hereby directed to make up and file in the office of the County Auditor of Anoka County a certified statement of he amount of all ' such unpaid assessments and the amoun� which ��rill be due thereon on the 1st day of January in each year. The motion for the adoption of the foregoing resolution �vas duly seconded by Council , and upon a vote bein taken, the fiollovring voted•in favor thereof: and the folloV,�ing voted against the same: PASSED AND ADOPTED BY THE CI1'Y COUNCIL OF THE CITY OF FRTDLE DAY QF ATTEST: , 1976. CITY CLERK Marvin C. Brunseil 0 �Y THIS � illiam J. Nee 1 12 RESOL�UTION N0. - 1976 �, RESOLUTION CO(�dFIRt�ING ASSESSMENT FOR SANITARY SEWER, WATER, IMPROVE�4ENT PROJECT N0. 119 VD STORM SEWER QE IT RESOLVED by the City Council of the City of Fridley, Mi�nnesota, as follows: I� 1. The City Clerk has with the assistance af the engineers h retofore selected by this Council for such purpose, calculated the proper a ounts to be specially assessed for the � � � � SANITARY SEbdER, WATER, AND STORM SEWER IMPRO;�EMENT PRpJECT N0. 119 in said City against every assessable lot, piece, or parc 1 of land in accordance ��ith the provisions of law, and has prepared a d filed �vith the .City Clerk tabulated sta�;ements in duplicate showing the �roper description of each and every lot, piec�e, or parcel of land to be spe ially assessed and the amount calculated against the same. 2. Notice has been duly published as required by la�a that th's Council would meet in special session at this time and place to p�ss on the proposed assessment. 3. Said proposed assessment has at all times since its filin • inspection and copying by all persons interested, and an been given to all interested persons ta present their obj to such proposed assessr,ient, or to any item thereof, and have been filed; except 4. The amounts specified in the proposed assessment are chan� as follows: 1 5. � � ' � � been open to �pport�!nity has �ctions, if any, �o objections �ed and altered This Council finds that each of the lots, pieces, or parc ls of land enumerated in said proposed assessment as altered and mod'fied was and is specially benefii;ed I�y the SANITARY SEtdER, tdATER, AND STORM SEWER IPIPROVEMENT PR�JECT N0. 119 in i:l�e amount in said proposed assessment as altered and cor�°ective roll in tl�e amount set opposite the descriptio lot, piece, or parcel of land, and that said amount so se levied against each of the respective lots, pieces, or pa therein described. dified by the of each such out is hereby els of land l2 � PAGE 2-- RESOLUTION N0. - 1976 6. Such proposed assessments as altered, modified, and corr adopted, and confirmed, and the sums fixed and named in assessment as altered, modified, and corrected with �:he tions herein above made, are affirmeci, adopted, and conf special assessments for each of said lots, pieces, or pz pectively. �cted are affirmed, >aid proposed :hanges and altera- irmed as the proper �cels of land res- 7. Said assessment so affirmed, adopted, and confirmed shall be cerl:ified to by the City Clerk and filed in his office and shall tlie eupon be and con- stitute the special assessment for. SANITARY SE1�1ER, WATER, AND STORM SEblER It�1PROVEt�1ENT f�ROJECT PdO. 119 8. The amounts assessed against each lot, piece, or parcel of land shall bear ' interest fro►n the date hereof until the same have been aid at the rate of � seven and one-half (72) per cent per annum. 9. Such assessment shall be payable in twenty (20) annual installments payable on the lst day of January in each year, beginning in th year 1977, and continuing until all of said installments shall have be n paid, each installment to be collected with taxes collectible duri g said year by the County Auditor. 10. ,Thc City Clerk is hereby directed to make up and file i the office of the C�unty Auditor of Anoka County a certified statement of the amount of all such unpaid assessments and the amount which will be du thereon on the lst day of January in each year. . � � The motion for the adoption of the foregoing resolution was Council , and upon a vote being the following voted in favor thereof: � � � � ;J � � and the follawing voted against the same. PASSED AND ADOPTED 6Y TIiE CITY COUNCIL OF THE CITI' OF FRIDL QAY 6F , 197G. ATTEST: CITY CLERK Marvin C. 6runsell iuly seconded by taken thereon, Tt�IS illiam J. Nee RESOLU7ION N0. - 1976 RESOLUTION CONFIR��Ir:G ASSESSt�ENT FOR ST. 1976-1 STRECT I BE IT RESOLVED by the City Council of the City of Fridley, E��1E�JT PROJECT nnesota, as follows: 1. The City Clerk has with the assistance of the engineers eretofore selected by this Council for such purpose, calculated the proper mounts to be specially assessed for the ST. 1976-1 STREET IMPROVEt�1ENT PROJECT In said City against every assessable lot, piece, or par el of land in accor•dance wzth the provisions of law, and has prepared nd filed witf� the City Clerk tabulated stat;ements in duplicate showing the proper description of each and every lot, piece, or parcel of land to be sp cially assessed , and the amount calculated against the same. 2. Notice has been duly published as required by law that t is Council vrould meet in special session at this time and place to pass o the proposed assessment. � 3. Said proposed assessment has at all times since its fili g been open to inspection and copying by all persons interested, and an opportunity has been given to all interested persons to present their ob'ections, if any, tp such proposed assessment, �r to any item thereof, and no objections have been filed; except t4. The amounts specified in the proposed assessment ar°e chai as fol l o4vs : ' iged and altered 5. This Council finds that each of the lots, pieces, or par els of land ' enumerated in said proposed assessment as altered and mo ified was and is specially benefited by the ST. 197G-1 STRFET IMPROVE�IE(�T PROJECT in the amount in said proposed assessment as altered and modified by the corrective roll in the amount set opposite the descripti n of each such lot, piece, or parcel of land, and that said amount so s t out is hereby levied against eaci� of the respective lots, pieces, or p rcels of land therein described. l3 .�=-•� � � � PAGE 2-- RESOLUTION N0. - 1976 6. Such proposed assessments as altered, modified, and cor ected are affirmed, adopted, and confirmed, and the sums fixed and named. in said proposed assessment as altered, modified, and corrected with the changes and altera- tions herein above made, are affirmed, adopted, and con irmed as the proper special assessments for each of said lots, pieces, or p rcels of land res- pectively. - ' 7. Said assessment so affirmed, adopted, and confirmed sha ' by the City Clerk and filed in his office and shall the stitute the special assessment for ' ' � � • � � � � ' ' ' � ST. 1976-1 STREET IMPROVEMENT PROJECT $: The amounts assessed against each lot, piece, or parcel interest from the date hereof until the same have been � seven and one-half (72) per cent per annum. G� 10 I1 be certified to �eupon be and con- of land shall bea� �aid at the rate of Such assessment shall be payable in ten (10) annual ins allments payable on the lst day of January in each year, beginning in th year 1977, and continuing unti1 all of said installments shall have be n paid, each installment to be collected with taxes collectible duri g said year by the County Auditor. Tne City Clerk is hereby directed to make up and file i the office of the County Audi tor of Anoka Cour�ty a certi fi ed s �atement o� the a�nou��t of al l such unpaid assessnients and the amoun� which will be du thereon on the lst day of January in each year. The motion far the ado�tion of i:he foregoing resolution wa� Council , and upon vote being takE the follot,ring voted in favor thereof: and the following voted against the same. PASSED AND ADOPTED BY THE CITY COUNCIL OF TfiE CITY OF FRI DAY OF , 1976. ATTEST: CITY CLERK Marvin C. Brunsell YOR duly seconded by � thereon, :Y THIS am J. Nee l3A I� �I OFFICE OF T�IE CITY (�Af'�AGER CITY UF FRI�LEY ��fEM�RNir'�Ul�l Fi�Jh1 THE CITY (�IAidAGER ' T0: � llATE: RE: 1 .� � FINANCE DIRECTOR SEPTEMBER 8, 1976 MEMO N0.• MB-120 Respond by: 9/29/1976 Cont. to: SUBMISSION OF MUNICIPAL MAPS TO COMPLY WITH CHAPTER 13�, LAWS 1976 Please review the attached memorandum from the State Planning Agency and see that we presently comply with a]l the requirem nts laid out in the memo. Advise also if any item should be brough to the City Council's attention for their action. • � Thank you for your assistance. NMQ/ms ' CC: City Council Dick Sobiech ' Septemb�r 16, 1976 T0: NAS IM i�1. QURES�-II , CITY MANAGER , Prior to submitting the precinct map to the State of h1innesota, I s Council if they want io consider changes in ward and precinct bound These changes vro;�l d{�ave to be made pri or to January 1, l 977. The � voters by precinct as of Sep t�mber 13, 1976 are as follows: iJard 1, Precinct 1 Ward 1, Precinct 2 Wa'rd 1, Precinct 3 1162 Ward 2, Precinct 1 1623 Ward 2, Precinct 2 1122 t�lard 2, Precinct 3 3907 aggest we ask tne Ci ty �ries at this time. �umber of regi stered 1436 Ward 3, Precinct i 1698 1096 Ward 3", Precinct 2 764 2045 Ward 3, Precinct 3 1045 4577 3507 �� Th� h b ' f rs fr m ldard Two to :Jard Three. Also some of tne reci ncts ,.re s ould e a sh� t of vote o , p within wards are not balanced. Part of tf�e problem in aalancing p ecincts is that we have to , insure there wi 11 be a pol 1 ing place 1 ocated Yri thi n each preci nct. 'rJe woul d 1 i ke some di recti on fror� the Ci ty Counci 1 on the questi o of redrawi ng ward and 'precinct boundaries i f that is tfiei r desi re. This action wi 11 hav to be done soon, as the new precinct maps have to be turned in to the State prior to Janua 1, 1977. After ti�e necessary work has been done to determine where i�ew �recincts sl�o ld be redrawn, ti�e Ci ty 'will have to adopt an ordinance on the first reading aiid second r� ding and publisn the . ordinance, The procedural maiter would ta(:2 up tl�e month of Decen er, so we hav� between now and the first of December to decice on any possible relignment of precinc�c boundaries. � This is an extremely sl�ort time span to work witl�in, as a great de 1 of detail work should be ' 'done prior.to any relignment of precinc� boundaries. Perhaps we ould use some of the CETA people to do some of the re9earcl� as to population counts wi hin biocks, etc. ' P�ARVIN C. BRUNSELL . r TF. �^, �. , � ,.�, �� ;� � ' ��: 9 \ ' �� 4i 1 i� 1 `��i,�..� 1 � ��'!v F. Sv � � �'1'11 T 1�. OI�' � I I�' N l:�O'1`A STATE PLANNING AGENCY 100 CAPITOL SQUARF_ BUILDING 550 CEDAR STREET ST. PAUL, 55101 August 31, 1976 � MEMORANDUM � T0: Ma ors of Minnesot.� Cities Wit Y h More T�ian One Pr , ' FROM: Hazel Reinhardt, State Demographer��i/ SUBJECT: Submission of Municipal Niai�s by Precinct, To , Chapter 132, L_aws 1976. ecinct ly Idith The 1976 Legislature, desiring to facilitate its requir2 reapportion- ment follo�ring the 1980 cer�susy enac�ed Cha�ter 132 of' La s, 1976. Chapter �I 3`l provi des for impl emental;ion of a feder�al 1 aw hi ch wi 1? guar-- antee that the first census data returned to t�linnesota wi�ll be by pr?cinct. Population duta have never before been ava-ilable by preci;ct and their availability a� th�is leve�, by �pY°�il l, 1G�1, shauld be h lpful both for legisiative as�d ot:her iypes of x�c�"zs>trictiny. No changes in_precinct boundaries ma be n�a�F� from Januar l, 1977, to January l, 1982., er.cept by annexation. In effect, precin t lines are frozen for a per�oc�o�`�'ive years. - The legislation also requires ti�at t:he government body of the municipalii.y shall set boundaries between precincts so that each bo�andary �follows visible, clearly recognizablP physical features. A"clearly reco�nizabie f�ature" is a street, road, boulevard,�arkway, r7ver•, stream, shoreli�c, c�raina e ditch, railway�ri�ht_of-wav. or any otl�cr lir�e whicii i� clearl�� v;.sible frnm the _ __s ---- ------- —_ ____ ____-- -- _'. _.:. _ ---- --- ---- _-- �ro�n�;;. P, st!•eet o?• r ra��ay wh ; �h ��a�> beer� pl ai i.�:d but nc, _�� .�':ed i s not a cica��l�� rEC:oynizable �r;��;�al fe:at.lr�e for� t:r�i� purpose. �:J,ere r,-erir�ct hUiln:icY' `�_ Oif?C_;i�; Uil�fi �,i:Y'�:,v:_r�tf� ii0tlild�ii'lt?�, Cr1C'�'_nEEi� Iii7. (�� V15if1�E to_the e �. _.-----_..___-- Changes in precinct boundaries can be made only after the �eneral election in November and before January 1, 1977. There are two reasons for making changes in precinct �oundaries: , 1) To provide an adequate number of �recincts to accoiimodate the �opulation antici��ated �1982. We encourage thos cities that are experiencinc� rapid growth to consider now the ossibility ' of addir�g precincts whici� may be needed in the fut re so that action can be taken between Novernber 3, 1976, and anuary 1, 1977. ' "AN EQIIAL OPPOk'T�UNITY EMPLOYER" 1�; A , � 14 B August 31, 1976 Page 2 2) To change lines between precincts that do not co�form to the "clearly recogn�zable feature" specification ab ve. Chapter 132 directs the state �emographer to prepare Ithe following maps: • All counties in the state; all municipalities wit a population of 10,000 or more; and other municipalities as de med necessary for census purposes (this includes all cities wit more than one precinct). The maps of municipalities must shaw recinct bound- aries. The demographer's office needs your help if we are to prov de the required � maps to the Bureau of the Census. Under separate cover, w are sending a copy of this memo as well as a map of your municipality o your city mana- ger or clerk. Since there undoubtedly are a number of cit es whose precincts now conform to the law and that do not plan to m ke any changes ' _in precinct boundaries before January l, 1�??, �re request hat they complete their maps as follows: 1} Draw ir� precinct lines and number precincts withi� these lines. 2) Indicate whether ccrporate boundaries are correct �s shown and, if not, show corrections. 3� Add any new streets and cross off any streets that�no longer exist. 4) Note either that all boundaries have been in effec since January l, 1970, or indicate the ef�Fective date.(d yJmonth! . year) of any changes since January 1, 1970. Rapidly-growing communities that are considering adding pre i►�cts ma,y hold their maps until Novernher/Decemher, 1976, when -t��c�j� :31" �Fr'i111�1:��d to make changes effective January 1, 1977. The deadline for submissian of all maps to the st;ate demogr�pher's office is January 17, 1977. Summary In past censuses, there have been many instances of undercou�ting or allocation of pzople to the wrong municipality. Most of the e mistakes have occurred because of improperly drawn boundaries which w re used by census enumerators. Chapter 132, Laws, �976 provides a real opportunity for municipalities to draw precise, physically visible bound ries showing 14 C August 31, 1976 Page 3 their precinct lines and corporate limits. Certainly, acc rate counting by census enumerators is vital in determining various aids and allocations. The Legislature also hopes that the guarantee by the Censu Bureau of First Count 1980 census data by precinct will make the rea portianment process easier and prevent the necessity for "wholesale" p ecinct boundary changes in the redistricting process. We will appreciate your assistance. If you have questions or cor�nents, please write or call Eileen Barr of my staff. Her phone n mber is 612-296-4886. Enclosure cc: City Administrators or Clerks