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06/14/1976 - 00014786�4� THE MINUTES OF THE PUBLIC HEARIfJG MEETING OF THE FRIDLEY CITY COUPlCIL OF JUNE 14, 1976 The public hearinn was called to order by Playor Nee at 7:35 p.m. on June 14, 1976 PLEDGE OF ,1LLE,IA�dCE• Mayor Pdee welcomed the audience and invited them to ,7oin w�th the Council in the Pledqe of Allegiance to the Flag. RDLL CP,LL: MEMBERS PRESENT MEMBERS ABSENT Councilwoman Kukowski, Councilman Starwalt, Councilman Hamernik, Councilman Fitzpatrick and Plavor Nee None ADOPTION OF THE AGENDA• P1ayor Nee stated that Mr, Johnson, 5948 7th Street Northeast, had asked for an opportunity to speak to the City Council and that D1r. Johnson would be placed at the head of the agenda Mr. Kenneth Sporre, 301 Ironton Street Northeast, asked for time, and he will appear at the end of the meet�ng Mr Sporre would like to ask for some special consideration w�th reference to a possible var�ance P10TION by Counc�lwoman Kukowski to adopt the aqenda as amended. Seconded by Councilman Starwalt Upon a voice vote, all votinq aye, Mayor Nee declared the motton carried unanimously. VISITORS: Mayor Nee invited Mr. Johnson, 5948 7th Street Plortheast, to make his comments Mr. Johnson sa�d it was in reqard to qettinq parking tickets in front of his house. Yesterday he got one at 6•10 p.m. and he was ordered to move his car He moved his car to the other stde of the street and qot another ticket by an officer, badqe numher 12 The posting of the no-narking signs, he said, occurred a6out four years aqo, but h�s area had no say in the matter. He would like to see them removed. P1r. Johnson stated that the officer made an abusive remark, and upon query by rlayor Plee, the imputed remark was, "If you are so stupid to park there, you deserve a ticket" Mayor Nee remarked that the Ctty Council had been qettinq complaints about parkinq tickets recentiv Seemtnqly there was an �nconsistency in enforcing the no-parking regulations Councilman Hamernik tnquired about the circumstances that led to the issuance of the second ticket. Mr. Johnson said that his car had remained where it was when the ftrst ticket was issued He came back somewhat later to remove his car and saw the officer checkinq his car aqain P9r Johnson said then he moved his car to another spot on the other side of the street, wh�ch isn't posted, and the officer issued him a second ticket at that time Mayor Nee asked f4r Johnson if he would circulate a petition amon� his neiqhbors and get their sentiments and then brinq the results to the City Council. PUBLIC HEARINGS PUBLIC HEARIPlG ON FINAL PLAT SUBDII�ISION P.S THIR� ADDITION: GENERALLY LOCATED SDUTH OF H MIKE 0'BAPINON. HEATHER HILLS MOTION by Councilman Starwalt to open the Public Hearinq and to waive the readtnq Seconded by Councilman Hamern�k Upon a voice vote, all votinq aye, P9ayor Nee declared the motion carried unanimously. � 1 �_� �� PUBLIC HEARING MEETING OF JUNE 14, 1976 No one was present to represent the petitioner MOTION 6y Councilman Starwalt to table the Public Hearinq to later in the meet�ng Seconded by Councilwoman Kukowski. Upon a voice vote, all votinq aye, Playor Nee declared the motion carried una m mously PAGE 2 BLIC HEARING ON REZONING REOUEST. ZONING ORDINANCE APIENDPIENT ZOA #76-02. BY ROBERT D INo one was present to present the petitioner's matter � MOTION by Councilman Starwalt to table the Public Hearinq to later in the meeting. Seconded by Counctlwoman Kukowski. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARING ON ISSUING AN ON-SALE WINE LICENSE TO ROBERT HENRY SCHROER, 761D UNIVERSITY AVENUE NORTHEAST CABALLERO SANDWICH SALDON • The Finance Director said that the application had been approved by the Police Department. MOTIOPJ by Counc�lman Fitzpatrick to open the Public Hearing and waive the readinq Seconded by Councilman Starwalt. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unantmously. No one was present to present the petit�oner's matter MOTIDN by Councilman Fttzpatrick to close the Publ�c Hearina Seconded 6y Councilwoman Kukowski. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS. IDERATION OF APPROVAL OF CHANGE ORDER �l TO STREET IMPROVEMENT PROJECT ST. 1976-1 "Assistant City Engineer, Thomas Colbert, said that th�s chan�e order �tem �s to 6e done by the street contractor, and in con�unction with the chanqe order there w�ll be an addittonal expense incurred 6y fencinq, nets, posts and the str�ninq, and the ftnal landscaping associated wtth the three tenn�s courts. The fenctnq would enclose the court by a ten-foot high cyclone fence All of this is w�thin the budqet for tenm s courts. MDTIOP! by Councilman Hamernik to adopt the chanqe order Seconded by Counctlwoman Kukowski. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSI�ERATION OF RESOLUTIOPd N0. 47-1976 EXPRESSING THE CITY COUNCIL'S IPlTENT TO HIRE A The City Attorney satd that the resolution is fine They are in the process of preparinq the necessary papers to include a request for either a restraining order or for a temporary in�unction. The papers would probably be ready to siqn and to 6e filed within a week. This resolution will show that the City Council has a vacancy and wtll fill it dependtng on the determtnation 6y the court as to whether new off�cers can be placed in the Police and Fire PERA Fund MOTION by Councilwoman Kukowski to adopt Resolution No. 47-1976 Seconded 6y Councilman Hamernik. �Mayor Nee satd that �he Resolution is posted �n the hall, and he will not read it unless there is someone tn the audience that wants it read There was no response Upon a votce vote, all votina aye, h9ayor Nee declared the motion carried unanimously. ��;1 PUBLIC HEARING MEETING OF JUNE 14, 1976 PAGE 3 CONSIDERATION OF RESOLUTION N0. 48-1976 ORDERIPlG PRELIPIINARY PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF STORM SEWER_IMPRDVEMENT PROJECT �120. Assistant City Engineer, Thomas Colbert, stated that this resolution is to install storm sewers to ensure the improvement of the tax forfe�t lots. There is presently a severe gully washout that comes down these lots There have been compla�nts by the residents of the area of the unsightly erosion and � washout. There is quite a steep embankment, approximately 30 feet from Pierce to 52nd Avenue, and it would be in the City's best interests to correct the drainaqe problem. The pro�ect would be undertaken in con�unction with Anoka County. The lots would be put up for auction A storm sewer would be required, and we would connect into the extsttnq storm sewer on 52nd Avenue and construct an extension going up the washout with a 12-foot catch basin, and upon its completion, the washout would be backfilled to create a gentle swale to the catch basin, and the back of these lots would be qraded to a normal slope such as has been developed by the residential properties there. It is proposed that the County would do the earth-moving, and the City would handle the storm sewers A motion had been passed by the County Board of Commisstoners asking Mr 0'Bannon to work with the County Enqineer and the City Staff to make the necessary arrangements and schedulinq to perform the work, should it be approved. Quite a bit of fill would be required, and it would come from the other tax forfeit lots, and each lot would be directly beneftted by the storm sewer and the reqrading. All costs would be assessed against these tax forfeit properties. The Assistant City Engineer, Mr. Colbert, said that the cost of constructing the sewer is an esttmated $4,500 The cost of moving the earth and grading ts not available as the County is handling that The cost of putting in the storm sewer could be cut by using salvageable materials ' from other pro�ects that are now in a yard or some matertals left over from the County underpass pro�ect, this may reduce the costs to $3,000. He said that in talkinq to Mr. 0'Bannon that Mr. 0'Bannon indicated that the assessments would be levied equally upon all lots There are a potential 13 lots that would be full-stzed. MOTION by Councilman Starwalt to adopt Resolution No. 48-1976. Seconded by Councilwoman Kukowskt Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously NSIDERATION OF RESO -1976 RECEIVING THE PRELIP1INARY REPORT. RECEIVIPJG MOTION MOTION by Councilman Starwalt to adopt Resolution No. 49-1976. Seconded by Councilwoman Kukowskt. Upon a votce vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously F RESOLUTION N0. 50-1976 ORDERING IP9PROVEMENT AND FIPdAL PLANS AND 120 MOTION by Councilman Starwalt to adopt Resolution No. 50-1976. Seconded by Counctlman Hamerm k. Upon a voice vote, all voting aye, Playor Nee declared the motion carried unanimously CONSIDERATION OF RESOLUTIO�! N0. 51-1976 ORDERING IMPROVEMENT AND APPROVAL OF PLP,NS � STORM SEWER IMPROVEPIENT PROJECT �120 MOTION by Councilman Starwalt to adopt the Resolution No. 51-1976 Seconded by Councilman Hamernik Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously REQUESTED LICENSES FRI�LEY �9 'ERS MOTION by Councilman Fitzpatr�ck to approve the issuance of food, on-sale beer, and dance licenses for the 49'ers softball qames and Community dance, and waive the fee. Seconded by Counc�lwoman Kukowski. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unam mously. PUBLIC HEARING MEETING OF �UNE 14, 1976 PAGE 4 The Council then took from the table the matter of the PUBLIC HEARING ON FINAL PLAT SUBDIVISION P.S. #76-04 QV MIKE 0'BANPJDN. NEATHER HILLS MOTION by Councilman Starwalt to continue the public hearinq 1976. Seconded by Councilwoman Kukowski. Upon a voice vote, �Nee declared the motton carried unantmously. The Council took from the table the matter of the PUBLIC HEARING ON REZONING REQUEST, ZONING ORDINANCE AMENDME� r to Monday, �une 21, all votinq aye, Mayor A #76-02, BY ROBERT 31 Hiqhwav 65 Mayor Nee asked if there was someone representinq the pettt�oner to speak on the matter There was no response. Counctlman Starwalt read aloud the five points for denial of this zoning request as found in the Planninq Commission Meetinq Plinutes of May 5, 1976 Mr. Arnold Elmquist, 8140 Lonq Lake Road Northeast, said he thouqhthe would come to the meeting to see that the City Council accepts the Planning Commisston recommendation and carrys it through. He said there is presently enouqh commercial in Fridley; that is, available commercial areas Mr. Russell Burris said he lived at 1150 Mississippi Street Northeast He said he has lived there for 25 years and is retired and loves Fridley He said he wanted to stay here. If this thinq were qranted, which it cannot be, as the Plamm �q Commission knocked it out, he won't be able to stay here. His place would 6ecome a parkinq lot. He has a beautiful home here, and wants to stay here and live out his life here. He loves it here. Mr. Burris then remarked about the traffic hazards that would be involved if the rezoning were granted. Mr. Arnold Elmquist, 814D Lonq Lake Road Northeast, said he had several apartment houses in Fridley, and two of them ad�oin the property here He said he has apartment houses across the street, and came to the meeting to m qht hoping that this would be buried once and for all Mayor Nee replied that they have a leqal riqht to this hearinq and a leqal riqht to a �udgment by the City Council and the �udgment has to be on the record, and has to be defended in the record Mayor Nee sa�d that he would like their testimony in the matter Mr. Elmquist said thts has all been gone over before, all the different facets of why it is undesirable, and he came here tonight to see it buried. He is aqainst it It is out of character with the immediate neiqhborhood, and would be a cancer that would start trouble. At the Planning Commission there was no one for it except P�r �eGardner All he could say was that it was a m ce buildinq. Mr. Elmquist had nothing else to say Counctlman Starwalt asked Mr. Elmquist if he would like to see apartment bu�ldinqs there Mr. Elmquist said that would be preferable to th�s sort of thinq. Mr. Burris said that he would prefer dou6le bunqalows to the rezoning request More discusston ensued on the merits of financing the apartments versus the proposed structure. Mayor Nee expla�ned the options the Ctty Council had in the matter and asked Mr Elmquist and Mr. Burris to come back to the June 21st meettnn �MOTION by Counctlman Starwalt to continue the public hearing until the next City Council meeting, June 21, 1976. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �, ?°� PUBLIC HEARING MEETING OF JUNE 14, 1976 MR. KENNETH SPORRE, 301 IRONTON STREET NORTHEAST PAGE 5 Mr Sporre asked the City Council to waive the 35 foot setback to the building of a home. By so doing it will keep h�s house in line with the other homes, otherwise hts house will be in the creek_ He said that the area is unusual �n several ways and that pre- cipitated the problem of the 35 foot setback He stated there had been a class action in wh�ch all variances were waived for that area, but that information has not been duq up yet. It takes time to find it Mr. Sporre talked about the problems with surveyin9 the area, not only by him, but by others, and that possibly some homes are on property that belonqs to others. The City Attorney suggested that the matter be laid over until next week when P1r. Sporre would come in with a survey of the property and vaith some tndication of where the house will be located. This would also give f1r. Sporre and the staff time to exchange infor- matton. Mr Sporre said that he has a surveyor worktnq on the problem Also that he has the stgnatures of the ad,7oining property owners, and there is no ob,7ection to his request Mayor Nee suggested that Mr, Sporre take his matter immediately to the Appeals Commission w�th the s�gnatures which wili have the effect of waivina the notice If there is no vote against it, it will be bindinq. If there �s a vote agarnst it, it w�ll have to come to the Council next Monday night A�JOURNMENT MOTION by Councilman Starwalt to ad,7ourn the meet�nq. Seconded by Councilman Fitzpatrick. Upon a voice vote, all vot�nq aye, Playor Nee declared the meettnq of the Fridley City Council of June 14, 1976 ad,7ourned at 9 45 p.m Respectfully submitted, � � �_ � John Chegwyn Council Secretary Approved �uly 12, 1976 �"""""'�'�l" �� Wil1iam J Nee ^layor �r l J ' �