09/20/1976 - 00014718� '_ ,y�
THE MIPJUTES OF THE PUBLIC HEARIPJG MEETIPIG OF THE FP,ICILEY CITY COUflCIL OF SE°TEh1BER 20, i976
The Public Hearinq Pleeting of the Fridley City Council of Septemher 20, 1976, was called
to order at 7 34 p.m. by Mayor Nee
PLEDGE OF ALLEGIANCE �
Playor Nee led the Council and the audience in sayinq the Pledqe of Alleqtance to
the Flag
ROLL CALL
MEMBERS PRESEPJT Councilman Fitzpatrick, Counctlman Starwalt, Councilwoman ICukowski
(Counc�lwoman Y.ukowskt arrived at 9 30 p m), Councilman Hamerm k,
and P1ayor Plee.
P�EP1CsERS FlBSENT None
ADOPTIOPJ OF ACEPIDA
P10TION by Councilman Hamerm k to adopt the aqenda as submitted. Seconded by Councilman
Fitzpatrick. Upon a voice vote, all votinq aye, P1ayor flee declared the motion carrted
unanimously
PUBLIC HEAP.IfdGS
PUGLIC HEl1RIf1G OP! FINAL ASSESSh1ENT ROLL FOR STREET If1PR0VEf1EPIT PROJECT ST. 1976-1
D10TION 6y Counc�lman Starwalt to waive the reading of the Public Hearinq nottce and �
open the Publ�c Hearing. Seconded by Councilman Hamer m k Upon a voice vote, all
voting aye, P1ayor PJee declared the motion carried unanimously and the Public Hearinq
opened at 7:40 p m.
tTr. �icl: Sobiech, Public Idorks D�rector, led the discussion statinq severa7 general
comments reqarding the street im�rovement pro,7ect which has 6een basicallv completed,
However, a performance bond is marntained for one year and at the end of this time
period, a review of the pro,7ect area is made with the contractor to ensure that
everythinq is properly constructed and the snecifications have been met He further
stated that if anyone had any specific comments renardrn� the ir�nrovement, please
feel free to contact the Enqineerrng Department Another comment Mr Sobiech made was
that for the streets 53%z Avenue, 56th Avenue, 57th Place, 60th Avenue, 5th Street,
and 6th Street, the f�nal front footaqe assessment was $14 08 with the side yard
footaqe of $4.20 This was below the preliminary estimate at the Prelimtnary Assessment
Hearmo of $17 ln.
P1ayor Nee then commented to the audience that the assessment roll is prepared under
a standard formula for distribu±ior of the pro�ect and that it is the assessment
d�stribution that the Admi m stration proposes, and therefore, the purpose of this
evening's hearrn� was to discuss it vaith anyone who has an interest and to consider
any questions or ob,7ections. He then asked if there was anyone present concerned
with t�e follow�ng properities• 53% Avenue - 7th Street to P1adison Street, 56th
Avenue - 4th Street to 6th Street; 5th Street to Hiqhway 694 to 57th Avenue. There
�uas no response to any of these locations
P1ayor Plee then asked about the 6th Street to Hi�hwav�694 to 57th Avenue property and �
Mr Richard L�sl�e, 5671 6th Street P1 E, responded. P1r. Leslie asked the City Council
�r�hat the �nterest was going to be and if tt would be prorated �1r �1ervin Herrmann,
Assessor, stated 7'�% interest, and the interest is always charqed on the remainina
balance. He po�nted out to P1r. Leslie that on the first year i± niould qive him a
full year to pay, or if he wanted to pay without any interest at all, he would have
to pay within 30 days. P1r Leslle then ra7sed the question about the driveway, and
P1ayor Nee responded that it was fiqurec in the cost After some discussion, Mayor Nee
asked the Council �f anyone had any questions for P1r. Leslie, and there was no response.
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PUBLIC HEARING MEETING OF SEPTEPIBER 20, 1976 Pa9e 2
Mr Otto G. Tauer, 359 57th Place then spoke reqardinq 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 ,7ob because apnroxir�ately one-half of
the 120' was done in 1971 and he hurchased the build�nn under a contract at the
end of October, 1973, and now the City was assessina h�m for the entire 120' and
he felt this was unfair stnce he did not own the property when the f�rst 60' were
�put tn. He further stated that his agent called Mr Hamerm k and P1r Herrmann
and he discovered that the first 60' were put in in 1971 and this was partially
patd 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 offtce qo to the Frldley City Hall and they sa�d there were no assessments
on the property other than $420 which is not concerned with the FO' He stated that
he would ltke the 60' waived Councilman Hamerm k then stated that he did meet with
Mr. Tauer and he had expressed his concern reqardinq this, and Councilman Hamernik
agreed that there was a hardship here. Playor PJee asked "1r Tom Gedde, City Attorney's
office, if he would check into this and advise P1r. Hamernil< of his f�ndrngs Playor
PJee further commented that there was reason to believe that the City made a minor error
�n 1971 Councilman Hamer m k will review this and bring it back to the C�ty Counc�l
in one week
Mayor Nee then continued the discussion and asked tf there were any questions regardinq
60th Avenue between 5th and 7th Streets and a visitor raised a question reqarding
what footage was being assessed h9ayor Nee responded two-thirds of the side lot
footage.
h�ayor Nee then asked for any comments reaardtna 5th Street 6etween 6Dth and 61st
Avenues f1rs Dolores Keith, 60n1 Fifth Street resnonrled to this She stated that
the driveway slope was very steep and anticioated nothinq but nroblems �n the wintertlme
and feels it should 6e re�laced. Mrs. Keith stated that after several months, the
City informed her that it could not be replaced Mr Sobiech stated that another
survey of her driveway could be made. P�rs Keith then asked the City Counctl if s!�e
ould leave a cooy of a letter she had with the Council renard m� this, and the��
accepted same. Playor Nee assured f1rs. K�ith that the matter a�ould be checked out
tn the forthcominq week.
Playor Nee *hen proceeded to the next property for discussion -- Fth Street betv.eer,
60th and 61st Avenues, and there was no response He d�d ask f1r Ilerrmann, however,
if the side yard spread is on 7th. P1r Herrmann responded that it was
F1a,yor ilee then asked tf anyone had ary cor�ments reqardinn 7th Street and the side
yard spread and there was no resnonse.
�1r Dick So6iech then stated that the rematninq portion in the 1°76-1 Street Improve-
ment Pro,7ect was a new develonment on 71z blay P! E. from Riverviev� Terrace to the east
The front footaqe rate for this imorovement was $21 �l He further �ndicated that
the Preliminary Assessment Heartnq resulted in a direction fror� the City Counctl to
prepare this assessment roll in a different manner than the norrial nolicy, and based
on that policy, certain ftnures were de±ermtned and aiven to the �eonle affected by
the improvement. Mayor iJee then asked if there was anyone nresent who wished to
discuss this matter. f1r Ed Ploval;, 135 79z lAlay fJ E, raised the c;uestion about h�s
assessment fi aure of $11,9G5 �5, and he would like to see this reduced to `�10,�'4
He further pointed out that at the last Council meettn�, the assessment finure was
$11,195 and now it was hiqher Counc�lman Fttznatrick stated that fror� the informat�on
he received from Mr Sobiech on Fr�day, Sentember 17th, "1r f!oval;'s assessment would
be $10,924 h1r. Sobtech responded that the $10,97n finure vras correct
,f4r. Leif hlenriksen, developer, stated that he developed Alden Circle and wanted to know
�ow much his assessment was goinq to be At the last City Council meettnn, his
assessment was supposed to be $n1,969.10. On P1ay llth, Mr Henriksen spoke to
Mr Tom Col6ert, Assistant City Emm �eer, and P1r. Colbert told him that if he could qo
tnto a different curbtnq in his area, hts assessment would �o down �520 Mavor fJee
asked P1r. Henriksen if the City had not made an aareer�ent vnth him. and, f1r Oureshi,
City Planager, asked f1r Henriksen if he had the a�reer�ent with hir� f1r Henril:ser then
qave the a�reement to t1r Oureshi P1r. Ouresht oroceeded to ask "1r Sobiech to qive
him t�ie information on the final cost of the nroiect Mr Sobiech oave the fi❑ure of
$40,7n1.28. Mayor P�ee then asked if there were any other ouest�ons reaardinn th�s, and
there was no response.
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PUBLIC HEARING P1EETIfJG OF SEPTEMBER 20, 1Q76 Paqe 3
MOTION by Councilman Fitzpatrick to close the publ�c hearinn. Seconded by Councilman
Hamermk. Upon a voice vote, all vottncr ave, f1ayor f�ee declared the motion carried
unanimously and the Public Heartnn closed at 8 17 p.m.
PUBLIC HEARING ON FIflAL ASSESSP1Ef1T ROLL FOR SAPIITARY SEI�IER, 1�1,6,TER, AP!D STORM SE6�lER
IP1PROVEMENT PROJECT P10 119
"1DTION by Counc�lman Fitzpatrick to waive the readirh of the Pub1ic Hearing notice �
and open the Public Hearinn Seconded by Councilman Hamernik. Upon a vo�ce vote,
all vottng aye, �1ayor fdee declared the motion carried unantmously and the Publ�c
Hearing opened at 8 18 p m.
P1r Sobiech, Public Works Director, led the discussion re�ard�na the santtary sewer,
water and storm sewer ir�provement oro,7ect in Lots 30 to 35, and the Henriksen
Addition, and as �ndicated fror� the previous hearrn�, the costs based on previous
agreements w�th the property owners in the area, the final assessment roll ts below
what vaas oriqinally ind�cated. �1ayor Nee then asked if anvone had any quest�ons
regarding th�s. f1r Richard Smallwood, 7180 East River Poad, resnonded with a question
as to how much he and h�s next door neiahbor would have to pav. P1r. Herrmann, �ssessor,
quoted a total f�qure of �y1,300. P1r Smallwood then asked when someone would be
coming out from the C�ty to repair his lawn since it was damaqed when the City put
in an easement to fimsh off the curb around the cul de sac. �1a,yor Plee assured
P1r. Smallwood that �t would be taken care of.
P1r Dan Harvieux, 7210 East R�ver P.oad, asked for a definitton of water services
and sewer serv�ces P1r Sobiech then aave him the defim tions. "1r. Flarvieux
further stated that he *oo had his property damaaed simtlarly to "1r Smallwood Also,
there is a tree approximately 60 feet tall between P1r. Snallwood's and his house _
which was m cked by the same shovel that went across their lawns, and noUi the tree is
dyinn flayor P�ee then asked "1r Harv�eux if he wanted the tree taken out, and he
said he did Mr Harvieux dnd P1r. Smallwood stated that they contacted the City's
Naturalist, who confirmed the tree was dyina Mayor P�ee suaaested that they give it �
a year to make certatn tha± rt is dy�na. He then asked what the City's oosition is
on this, and f1r. Ouresh�, City f1anager, stated that the situation would be reviewed
f1r Harv�eux proceeded to ask what the assessment fiqures were on the property at
7210 East River Road, and P1r Herrmann responded $2,687.27 includinq sewer and
water.
f1r. Don fJeilson, 115 - 71'� l�lay fJ.E., spoke about his concern for qettinq matl serv�ce
and whether or not there was gorna to be snow removal. He further added that he
and the neighbors have to qo on pr�vate property to oick up their mail. Mr. Sob�ech
responded that the ma�l service could be notified with indicat�on to them that this
�as now a public city riqht-of-way and will be maintainetl and plowed; and they should
�upply mail serv�ce there Playor flee then suqqested that they would try to qet
in touch vn th the Post Office and resolve the mail service problem.
P90TION by Councilman Fitzpatrick to close the Publ�c Hearrna. Seconded by Counctlman
Starwalt. Upon a voice vote, all vot�nq aye, f1ayor Nee declared the motion carried
unan2mously and the Public Ilearina closed at 8 26 p.m.
PUBLIC HEARING OPJ FINAL ASSESSPIEPlT ROLL FOR 1976 SERVICE COPIf1ECTI0MS•
h10TI0fl by Counc�lman Fitzpatrick to waive the readina of the Publtc Hearinq notice
and open the Public Hearin�. Seconded by Councilman Hamernik Upon a voice vote,
all vot�ng aye, f1ayor Nee declared the motion carried unanimously and the Public
Hearing opened at 8 27 p.m
Pir Leif Henriksen, 6�}3�4 Riverview Terrace, stated that he and his next door neighbor �
put in the sewer, the water and the street, and they pa�d for it He further stated
that they gave the City all the informat�on i.e., checkstubs, etc., and the City
informed them that �t would be taken off and they would not have to attend this
eve m ng's meet�ng There was a misunderstandina, as the City thouqht they had not
pa�d for the services and that they would be assessed.
P10TIOP! by Counc�lman Fitzoatricl< to close the Public Hearinn. Seconded 6y Councilman
Starwalt. Upon a voice vote, all vot�no aye, Playor Nee declared the motion carried
unanimously and the Public Hear�nq closed at 8 3� p.m
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PUBLIC HEARING PIEETING OF SEPTEPIBER 20, 1476
PUBLIC HEARING ON PRELIMINARY PLAT SUBDIVISION P S ;76-06 BY
ATE 10
Page 4
D10TION by Councilman Starwalt to waive the readtng of the Publ�c Hearinq notice and
open the Publtc Hearina Seconded by Councilman Hamer m k Unon a voice vote, all
voting aye, Mayor Nee declared the motion carried unantmously and the Public Hearing
opened at 8•35 p.m.
Mr. Dick Sobtech, Pub�ic Works Director, discussed the matter stat�nn that th�s is
a plat to better describe a portion of what was previously Lot �}, Audrtor's Sub-
division No. 25. The petitioner would like to develop this parcel of property
that is currently zoned R-3 multiple dwelltnq, and he intends to construct a sinqle
family dwelling on the property P1r. Sobiech also stated ±ha± the Plannin� Commission
at a Publ�c Hearing of �uly 28, 1976, did recommend to the City Counc�l approval of
the plat with the stipulation that an easement be obtained. P1r pon Bratt, builder,
stated that the easement for the sewer has been obta�ned f1r Sobiech then mentioned
that the petitioner would also like to qet his bu�ldinn permit approved
MOTION by Councilman Fitzpatr�ck to close the Public Hear�nn Seconded by Councilman
Hamernik. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried
unanimously and the Pu61ic Hearing closed at 8:38 n m
MOTION by Councilman Starwalt to approve the final plat of H�llwind Addition Seconded
by Counctlman Hamerm k. Upon a voice vote, all votinn aye, f1ayor Plee declared the
motion carrted unanimously
PUBLIC HEAP.ING OP! VACATIOP! REOUEST STREET AND ALLEY VACATIOPJ SAV �76-O�I 6V KAREP�
MESROBIAN� UNIMPROVED ALLEY BETb1EEPl LIBERTY STREET AP1D ELY STREET:
MOTION by Councilman Hamer m k to waive the reading of the Public Hearinq notice and
open the Public Heartng Seconded by Councilman Starwalt. Upon a voice vote, all
�voting aye, Mayor Nee declared the motton carried unanimously and the Public Hear�nq
opened at 8:39 p.m.
Mr Dick So6iech stated that this was a request for vacation of an unimproved alley
and that there was a lengthy discussion at the Plamm �q Comim ssion meetinq of
�uly 14, 1976 After rece�ving several petitions and comments from the residents
in the area, the Planning Commission made a motion to Council for dental of the
request for vacation, but there was a three to three vote on that motion, therefore,
the Planning Commisston passed the item without recommendation. Playor Plee stated
that several letters have been received on the matter
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MOTION by Councilman F�tzpatrick to receive the letters Seconded by Counc�lman
Starwalt. Upon a voice vote, all voting aye, Mayor flee declared the motion carried
unanimously.
Mayor Nee then asked the audience who was present to discuss the matter and P1r
Charles M. Sprafka, 280 Ely Street Pl.E , stated that he was �n favor of clos�ng off
the alley for several reasons, i e., safety, appearance of the alley, and if the
alley was vacated, they wou�d improve tt. Mayor flee then asked Pir Tom f;edde, City
Attorney's office, if he wouid check �nto the leqal rinhts of the alley P1r
�arrell C Pdystrom, 248 El,y Street PJ.E. then proceeded to show the Ctty 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
P1s. Judith A Zukowski, 2�}9 Liberty Street N E, then spoke stating that she and
others would like the alley left ooen, and based this on the fact that all the owners
were aware when they bought their homes that the alley was unimproved
P9r. Azad P�esrobian, 298 Ely Street N E, further commented on the matter stating
that he real�zed 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 alle`� was an unnecessary hazard their
children were being sub,7ected to
Mr. Marvin Hietala, 239 Liberty Street N.E., stated that he was opposed to the alley
betng vacated Since the area was desianed approximately thirty years ago and it had
the alley in the plans at that time, he questioned why perm�ts were issued in the
first place �f there was no room to aet into the bac4� yards
PUBLIC HEARIN6 f1EETIPIG OF SEPTEP1�ER 20, 1976
Page 5
P7r �onald Hoff, 215 Liberty Street N E, stated that he would ltl;e to have the alley
left open as it was the only access to the back yard, f1rs Janet Hoff, 215 Liberty
Street N.E „ then commented that she was in favor of the alley beinn left open She
further stated that when she utilizes her back yard, there is a mintmal amount of traffic,
and also the fact that the alley, if left open, would be accessible for boats and campers.
f1r. Gene Bronsk�, 225 Li6erty Street PI.E., briefly stated that he would l�ke to have �
the alley left open
Councilman Fitzpatr�ck stated that he has a map preparetl, although not with him, with
those for and against the �ssue, and it anpears that the ❑eople who oppose the issue
certainly feel much stron�er at least �n nur�ber, than those in favor
Mr Ken Brustad, 272 Ely Street PLE., commented that he believed the alley should 6e
closed, as it �s nothinq but a nuisance
P1r. FI �flalters, 262 Ely Street Pl.E , stated that he has access �n the front and 6ack
and has used the alley for over thirty years and stron�ly be1teves the alley should
6e left open
P1r Tom Gedde, City Attorney's office, then stated that he ,7ust had a brief discussion
with P1r. Ouresh�; and since it was apparent that some of the people need the alley to
have access to thetr garage and if this were the case, then perhaos the C�ty would be
l�able He said he would submit a more deta�led report on the matter. Mayor Nee then
asked if the Eng�neering Department would prov�de a more detatled report as well.
f1s Sharon h1. flystrom, 248 Ely S±reet Pd E, then commented that she would like the alley
left open as she has a qarden �n I�er back yard and with the aliey beinn left open, it
�s more accessible to do any work back there. She also 6elieved that there were no kids
who had dr�ven minibil;es in t{�e alley
P1rs. Karen f1esrobian, 298 Ely Street PJ.E., responded that the minibikers come from �
other neighborhoods and 90 throunh the alley unaware of the chilren and somettmes,
as fast as 40 m p h
f1ayor Nee then asked if there were any other comr�ents, and hearinq no resoonse, stated
that the Ctty Council will not act on the matter rn question th�s even�ng as tt is a
public hearrng. However, the matter will be on the aaenda for next Monday evening,
September 27, 1976
P10TIOf�J by Councilman Fitzpatrick to close the Public Hearinq Seconded by Councilman
StarH�alt Upon a voice vote, all votinq a�re, P1ayor Plee declared the r�otion carried
unanimousiy and the Public Hearinn ciosed at 9 �5 p m.
PUBLIC HEARIPJG OPJ 1977 BU�GET AND Ofl EXPEPlDITUP.ES TO BE MADE FP.0�1 REVEPJUE SHARING FUPJDS•
P10TIDPJ by Counc�lman Fitzpatricl< to waive the readrng of the Public Heartnq notice
and open the Public Hearing Seconded by Councilwoman Kukowski. Upon a voice vote, all
voting aye, P�ayor Nee declared the motion carried unanimously, a�nd the Public Hearing
opened at 9.46 p.m.
PUBLIC HEARING ON BUDGET:
Mr. Qureshi, C�ty PAanager, stated to the City Council that he would hive a brief
review of the budqet as submitted. The oro�nserl budqet nrovides for an estimated mill
rate of l� 66 wh;ch �s a minor reduction frori the ln 76 actual r��ll rate for 1976 He �
further mentioned the,t this was an estimated r-i�u;e because they do not get the final
evaluation fror� the County before the end oi the year because of the fiscal disparity
law It is an est�mated fi�ure and qenerally in the nast, the City has been able
to come fairly close to it Also, the mill levy wtll raise annroximately 51% of the
budqet, n9% will be financed by rnter-qovernmental aids, City's charqes for services,
fines, l�censes, and other m�scellaneous items that we have. He further stated that
he wis'�ed to point out to the Crty Council on the revenue side the numerous recreation
fee, licenses and permit fees, and the charnes !�ave been increased These charges are
reflected on the revenue side for 1977. f1r, �ureshi referred to the budaet stating
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PUBLIC HEARING MEETING OF SEPTEP4BER 20, 1976 Page 6
it showed a figure of over $200,000 for revenue sharinq, and it was in the hope that
the revenue shartnq will be extended in 1977. He further pointed out that if the
proposed budget is accepted by the City Council, they were levyinq approximately 14.07
mills for general operations; .26 mills for retirinq Civic Center bonds which are still
rumm �g, 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,OOD
,�n the Park and Recreation budget and $3,000 provided in the Community Development
budget. Also, there is a provision for $5,000 for next year for communtty cele6ration
_� funds.
Mayor Nee then asked Mr. Qureshi if the new 6udqet was basically the same as tn the
past and he responded it was with sl�ght modifications Mayor Nee briefly stated
that as a matter of information, the admtntstration has 6een moved in the direction
of program base budgettng in which they attempt to identify the real cost of the
vartous services that the City provides. He further added that he believed this to
be a very well analyzed budget. He asked for any comments on the sub,7ect, and there
was no response Mayor Nee mentioned 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 sharinq funds wh�ch are over
$200,OD0 P1r. 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 potenttally strain our contingency fund area, He further stated that a
revtew has been given outlining revenue sharinq covertng programs which would give
approximately $3,100 to the Finance Department, $41,780 to the Police Department,
$4,138 to the Fire Department, $9,960 to Commum ty Development, $11,900 to the Civic
Center, $1,195 to Engineering, $48,150 to Public Works Maintenance, $52,437 to Parks,
and $27,835 to the Naturalist Department.
� Mayor Nee then asked if there were any questions from the City Counc�l or anyone else
on the matter, and there was no response.
MOTION by Councilman Starwalt to close the Publtc Hearing Seconded by Councilwoman Kukowsk�
Upon a voice vote, all voting aye, Mayor Nee declared the mo�ion carried unanimously and
the Public Hearing closed at 1D•14 p.m
OLD BUSINESS:
CONSI�ERATIO�
AVENUE N.E.
F VARIAP�CES REQUESTED BY M& I SUPPLY COMPANY, INC., 6005 UNIVERSITY
Mr. Wayne Benson, the contractor with Shepherd Construction, stated that the Appeals
Commission granted the requests for variances with stipulations, and they have 6een
agreed to. Mr. Toin Gedde, City Attorney's office, stated that he and Councilman Hamernik,
prior to the meeting, discussed the criterta 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 �s to determine whether or not there are
circumstances um que to the particular property, 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 the public welfare or
in,7ure other property.
Mayor Nee then asked Mr. Gedde if, in his opinion, there was an area that could be
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 unahle 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 storaae 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
-� *' d \
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PUBLIC HEARING MEETING OF SEPTEP1BER 20, 1976
Page 7
Mr. Barker, who lives behinc� P1 & I Supply, Co., Lots 14 and 15, was present and stated
that he would not like to see the building expanded f1r. Benson then asked P1r Barker
how long he intended to live at his residence and he responded anproximately for one
more year
Councilman Hamerm k stated that althounh the City appreciates P1r. Goldstein's bustness
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.
RECONVEPlED:
Mzyor Nee recor.ver.ed the meeting at 1D 45 p.m
(M & I Supply Company, Inc. Variance Request Continued)
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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 c�rcumstances
of the property owned by P1 & I is that althouah it is zoned cor�mercial, the size of the
lot is mtnimal 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 the vaiue of ad,7o�ning properties an�i that more harm would be done to the sub,7ect
property by refustng to grant the variance than will be done to the ne�ghbcring properties
by granting the variance.
MDTION by Councilman Hamernik to grant the var�ance as per the recommendatlons of the
Appeals Ccmmission with st�pulat�ons as stated, wTth the addition of stipulation flo. 3
requiring a mansard on the west and south sides of the building, stioulation No. 4
that there be a six foot high fence and the plantinas as noted on the submitted plan
of September 13th, 1976 by f1 & I, and No. 5 that the outside development and landscaping
be completed by July l, of 1977. Seconded by Councilv;oman Kukowski. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
Mayor Nee then asked to take Item No. 10 on the agenda next.
CONSIDERATION OF SECOND READING OF AN ORD
LICENSES - CAPJTEBURY PUB (TABLED 9/13/76)
Mayor Nee then stated that the first item is
However, he further stated that it would be
from the Reverend P1cChesney.
TO REGULATIONS PROHIBITIfJG
rniinp ❑Nn NnN_rniTnxTrarr�ir
the consideration of second reading.
in order to make a motion to receive a letter
MOTIDN by Councilwoman Kukowski to receive the letter from Reverend P1cChesney, 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 w�th the consideratton of the seccnd reading of an ordinance
and asked if there was anyone who wanted to comment on it. Mr. Robert Shimanski then
commented that he believed for the Burnsville Ordinance to bc imposed weuld be very
strict, since Fr�dley 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 P1r. Shimanski responded that he would like to
be able to have dancers at the Canterbury Pub two nights per week. Playor Nee 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 �n it
Mayor Nee commented that he was not sure if thts was a good ordinance for Fridley or not
Councilman Fitzpatr�ck stated that he felt it was a very serious matter when there is
'`J
r
PUBLIC HEARING MEETING DF SEPTEPIBER 20, 1976
Page 8
an ordinance to consider and tt is constantly seen with a par±icular application P1ayor
Nee stated that there was really no problem in nranting the license application on this
matter and continue to work on the ordinance. Councilwoman Kukowski questioned if
perhaps, the ordtnance could be discussed further �n one of the Council's discussion
groups
P10TION by Councilman Starwalt to continue consideration of the ordinance until the next
�public hear�ng, October 18, 1975. Seconded by Councilman Fitzpatrick Upon a voice
vote, all voting aye, Mayor Nee declared the motton carried unanimously.
MOTION by Councilman Hamernik to approve the ltcense applicatior�s for the Canter6ury
Pub Seconded by Counctlwoman Kukowski Upon a vo�ce vote, all votin❑ aye, f1ayor Nee
declared the motion carried unanimously
fdE41 BUSIVESS
COPISIDERATIOPJ OF STATEP9ENT OF CAfJVASS OF SEPTEPIBER 14, 1976 PRIP1ARY ELECTION (see following
page)
P10TION by Counc�lman Fttzpatrick to adopt the Stater�ent of Canvass. Seconded by
Counc�lman Hamer m k. Upon a voice vote, ali votrnq aye, Mayor PJee declared the
motion carried unanimously.
Mayor Nee asked the City Council to please siqn the canvass after the meet�nq th�s evening
COf1SIDERATI6N OF A REQUEST TO PUT UP AN IfIDUSTRIAL DISPLAY TEP1T IN WEST PARKING LOT
MOTION by Councilman Starwalt to approve the request for a disolay tent Seconded by
Councilwoman Kukowskt. Upon a voice vote, all votrn� aye, f1ayor fJee declared the motion
carrted unanimously.
RESOLUTION NO 96-1976 - CONFIRP1IPIG /�SSESSPIENT FOR 1976 I;'ATEP. AP1D SEWER f1AINS, LATERALS,
� RNC SERVICE CONNEC?IOPlS�
MOTION by Counctlman Fitzpatrick to adopt Resolution PJo 96-1976. Seconded b,y Council-
woman Kukowski Upon a votce vote, all votinq aye, Mayor Plee declared the motion carried
unanimously.
RESOLUTION N0. 97-1976 - COPIFIR�IIPJG ASSESSPIENT FOR SAPIITARY SEWER, WATER, AND STORh1
SEWER IMPROVEMENT PROJECT PlO. 119•
P40TIDP! by Councilman Fitzpatrick to adont Resolution Plo. 97-1976. Seconded by Council-
woman Kukowski. Upon a voice vote, all voting aye, Plavor Plee declared the motion carried
unanimously.
CDP�SI�ERATION OF A RESOLUTII
oonirrT.
)flFIRMIfdG ASSESSMENT FOR ST 1976-1 STREET I�1PROVEP1EPIT
P�OTION by Counctlman Hamer m k to table considerat�on of the resolution until the next
Council meettng. Seconded by Councilwoman Kukowski Upon a voice vo±e, all voting aye,
Mayor Nee declared the motion carried unanimously.
CDNSIDERATION OF ADUISA�ILITY OF CHFINGES IN 4dARD AfJD PRECINCT BDUfJDARIES
Mr Marvin Brunsell, Finance Director, stated that he did not want to return this to
the State of Minnesota without some action from the City Counc�l one way or the
other, meam ng leaving the precinct boundaries the way they are now or w�th some
changes. He also stated that it must be done quicl:lv If we did re-district noiv,
he could not see how tt could 6e done on the basis of populat�on as there is no way a
census could be taken tn thirty da,ys, stnce this is all the ±ime allowed to work on it.
MOTION by Councilman Starwalt to leave thr_ ward and precinct boundar�es as thev are.
Seconded by Councilman Hamernik Upon a voice vote, all votinq aye, f1ayor Nee declared
the motion carried unanimously
VISITOR, MRS. SHIRLEY ERWIN, PROBLEPI OF TRESPASSERS
Mayor Nee asked if Mrs Erwin wanted to address the City Council at th�s time.
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PUBLIC HEARIPlG P1EETING OF SEPTEMBER 20, 1976 Page 9
Pirs Shirley A Erw�n, 2518 Dupont North, f1inneapolis, then sooke to the Council regarding
a specific pro6lem regard�na a nevi co�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 Qr�ghton) f1rs. Erwin's in-latvs have owned the property on the
New Briahton side since 1929. They have five acres that take un part of the Rice Creek
area R�ce Creek on the Fridley side �s presently zoned for a park and the part on the
other side of the boudary is private property owned by Mrs. Erwin's in-laws Her
father-in-law and brother-in-law have problems with the renters in the apartment complex �
(Rice Creek Townhouses) and were assaulted Sh2 further mentioned that the tenants
do not seem to understand that they are trespassinn, as her tn-laws side of the boundary
�s private property Councilman Starwalt asked �1rs Erwin if she has presented any
letters or legal documents to the City and she responded that she has not. i4r. Qureshi,
City P1anager, stated that it appears to him that perhaps the oeople do not I<now where
the 6oundary line ends and the nrivate property starts "1rs. Erwin further stated that
before she pursues legal representation, as was suqqested by Councilman Starwalt, she is
going to send certif�ed letters to the owners, managers, and caretakers of the complex
and see if she could resolve the problem that way
INSURAPJCE SPECIFICATIOPlS
Mr Plarvin Brunsell, Finance D�rector, asked the Council if anyone had any comments on
the insur�nce spec�ftcations and biddtng prices. P1ayor fJee proceeded to ask P9r.
Brunsell if he needed to employ the consultant now and he responde�l that he did not
However, the bids would be cominq in around the 20th of October. Councilman
Fttzpatrick asked P1r 6runsell how often did this occur and he responded, every
three years. Councilman Starwalt questioned whether Council could wait on th�s and
see what the bids look like and then decide. P1r. Brunsell stated that he thouqht the
b�ds could be rece�ved and perhaps not award them for a week or two. He further commented
that his office can analyze the bids and nive their recommendation f1r Qureshi
summarized the discussion by stating that they are goin� to proceed, and if there is a
need for the consultant, they will come back.
CHARTER AP1Efl�MEP1TS
f1r Qureshi then commented on the Charter amendments statinn to the Council that there
v�as a first readrnn 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
P1r Brunsell if there was a need for publication and can it be done Mr. Brunsell
responded it would have to be next week, however, he believed it was really too late to
get anything on this ballot. Mayor Pdee stated that he met with f1r. P.ay Sheridan and
P1r. Cliff Ash in an effort to avotd putting all the sections on the ballot. He also
suggested to them that he would not ob,7ect to adopting the ordinance He did not
knotv tf the Charter Commission was qoinq to ado�t it. P1r. Oureshi stated that the
Charter Commtssion has adopted �t, and that information will be avatlable next Plonday.
He added that he ,7ust wanted to bring the matter to the Council's attention.
ADJOUP,PIPIENT
P10TIOPJ by Councilwoman Kukowski to ad,7ourn the meetina Seconded b,y Councilman
Hamernik. Upon a voice vote, all votinq aye, ^1ayor PJee declared the motion carried
unanimously and the Public Hearinq meet�nq of the Fridley City Council of September 20,
1976 ad,7ourned at 12 15 p m.
Respectfully submitted,
�6��� \G. �v�
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Dorothy C Green
Secretary to the City Council
Approved �ctober 25, 1976
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William J. NeeV
�layor
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STATEMENT OF CANVASS
PRIPIARY ELECTIOfJS
SEPTEMBER 14, 1976
DECLARATION OF RESULTS THEREOF
In accordance with Section 4.08 of the Charter of City of Fridley, the City
Council declares the results of the 1976 Prtmary Election to be as follows:
A. The total nurrber of ballots cast was 3945
� Ward 1- Prectnct 1 395 —
Ward 1- Precinct 2 557
Ward 1- Precinct 3 362
Ward 2- Prectnct 1 527
Ward 2- Precinct 2 337
Ward 2- Precinct 3 623
Ward 3- Prectnct 1 534
Ward 3- Prectnct 2 241
Ward 3- Precinct 3 369
TOTAL 39
B. The votes for each candidate, number of defective, spoiled and not
votes are as follows:
UNITED STATES SENATOR IN CONGRESS
W-1 P-1 'rl-1 P-2 W-1 P-3 l�l-2.P-1 W-2 P-2 W-2 P-3 W-3 P-1 4J-3 P-2 b!-3 P-3 TOTAL
UF�.iICKET
Dick Bullock
29 35 22 54 16 62 47 19 19 303
�Huburt H. Humphrey
�73 354 280 342 251 420 347 15?_ 270 26f39
IR TICKET
�erry Brekke
11 37 10 20 14 36 34 12 7 181
R;chard Franson (Dick)
24 21 9 16 15 38 30 10 10 173
John H. Glover
8 9 1 3 8 1 12 2 4 48
Bea Mor,ney
1 6 1 3 3 D 0 3 2 19
Roland "Butch" Riemers
0 2 1 3 1 1 3 1 1 13
Spoiled, Defective ar Not Voted
49 93 38 86 29 65 61 42 56 519
TOTAL.
� 395 557 362 527 337 623 534 241 369 3945
STATEMENT OF CANVASS
PRIMARY ELECTION
SEPTEMBER 14, 1976
SENATOR IN LEGISLATIVE 46TH DISTRICT
W-1 P-1 W-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 TOTAL
DFL TICKET
�on Frank �
160 190 158 163 98 222 185 87 152 1415
Dav�d D Schaaf
144 206 148 237 165 268 210 88 137 1603
IR TICKET
Ben Ho
44 80 25 44 42 80 84 27 25 451
Spoiled, �efective or Not Votes
47 81 31 83 32 53 55 39 55 476
TOTAL
395 557 362 527 337 623 534 241 369 3945
REPRESENTATIVE IN LEGISLATIVE DISTRICT 46A
DFL TICKET
Paul McCarron
290 358
IR TICKET
Barb Haake
47 78
Spoiled, �efective or Not 'Joted
58 121
TOTAL
395 557
DFL TICKET
Wayne Simoneau
258
r�
37
337
369
77
..
534
REPRESENTATIVE IN LEGISLATIVE DISTRICT 46B
293 368
IR TICKET
R Wayne Provart
23 42
Spo�led, Defective or Not Voted
46 117 _
TOTAL
362 527
447
81 _
95 _
_ 623
149 275
1275 ,
244
304
1823
1532
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27 25 19E
65 69 392
241 369 2122
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STATEMENT OF CANVASS
PRIMARY ELECTION
SEPTEMBER 14, 1976
C. Names of the �udyes of election are as follows•
WARD 1 PRECINCT 1
Marilyn Beck
Nancy Londroche
Marie Hughes
Betty Baldwin
Doris Tallaksen
Carolyn Holmen
Barb Tangren
Betty Forster
Evey Podesvwa
Cltfforn Ness
Carol Schnetder
WARD 1 PRECINCT 3
Uelma Pinks
Ardella Buss
Margaret Powell
Charleen Swanson
Gloria lvers
Rosella Amar
Sharon Hippen
V� Lund
Mathilda Rose �ohnson
Laverne Braz�l
Rosal�e Halling
WARD 2 PRECINCT 2
Jeanette Micholski
� Katherine Scott
Karen B�orgo
Pat Anderson
Phllis Rtes
Joan Swenson
Alice Turner
Helen Shaffer
Marian Smith
Chris Aasland
Nancy Newport
Gladys Luhman
WAR� 3 PRECI�JCT 1
Yvonne Sprungman
Naida Kruger
Betty Bon�ne
Jo. E. Caron
Elaine Nielson
Myrtle Morphew
Connie Samuelson
Joan Palmquist
Evelyn Holtze
�ordis Mittlestadt
Pdi na Maeser
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WARD 1 PRECINCT 2
Joyce McClellan
Dorathy Houck
Shirley Kohlan
Pat Nolmes
Bonnie Kuzyk
Mary Sullivan
Altce Anderson
Mary E Storley
Evelyn Selenski
Gloria Wellan
Lois Hines
WARD 2 PRECINCT 1
Jenny Locker
Betty Brezney
Alice Peterson
Caroline Svendsen
Theodora Sasek
Gerri Engdahl
Rita P�erce
Muriel Pomeroy
Eumce Grier
Kay Beihoffer
Doris Retners
WARD 2 PRECINCT 3
Bev Kinsman
Jean Wagar
Carolynn Blanding
Marlene Sonstegard
Georgine Henkel
�udy Enge6retson
Lois Foard
Marlys Lisowsk�
Dorothy Uden
Adeltne Swanson
Pearl Stiles
WARD 3 PRECINCT 2
Pat Dittes
Alene Johnson
Joanne Roetering
Evelyn Horn
Darlene Vallin
Sabina Mostrom
Barb Gohman
Delores Chrtstenson
Pat Gabel
Mildred Buck
Bobbie Johnson
STATEMENT OF CANUASS
C. The names of the �udges of elect�on are as follows• (Continued)
WARD 3 PRECINCT 3
Laverne Roseth
Bev Miller
Sharon Reemsta
Jean Mills
Linda Tatley
Gladys Syverson
�ean Johnson
Doris Larson
Veron�ca Olstead
Betty Nelson
Germaine Wohlsfeld
G�nnie Vel�n
MAYOR - WILLIAM J. NEE
COUNCILWOMAN
COUNCILMAN
COUNCILMAN
COUNCILMAN
PRIMARY ELECTIQN
SEPTEMBER 14, 1976
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