06/12/1978 - 00014139: '�
THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF
JUNE 12, 1978
The Publ�c Hearing Meeting of the Fridley City Council was called to order
by Mayor Pro Tem Barnette at 7:35 p.m.
PLEDGE OF ALLEGIANCE.
Mayor Pro Tem Barnette led the Counc�l and audience in the Pledge of
Allegiance to the Flag.
ROLL CALL:
MEMBERS PRESENT
MEMBERS ABSENT
ADOPTION OF AGENDA.
Mayor Pro Tem Barnette, Councilman Schneider,
Councilman Hamernik and Councilman Fitzpatrick
Mayor Nee
Mayor Pro Tem Barnette asked that an item be added• "Consideration of
First Reading of an Drdinance under Section 12.06 of the Ctty Charter
declaring certain real estate to be surplus and authorizing the sale
thereof. (Lot 27, Aud. Subdiv. 92)."
MOTION by Councilman Schneider to adopt the agenda with the a6ove addition.
Seconded by Councilman Hamernik. Upon a voice vote, all voting aye,
Mayor Pro Tem 6arnette declared the mot�on carried unanimously.
PUBLIC IiEARINGS
SUBDI�IS
8-0?_. HARRIER'S
DE
MOTION by Councilman Hamernik to waive the read�ng of the Public Hearing
notice and open the Public Hearing. Seconded by Councilman Fitzpatrick.
Upon a voice vote, all voting aye, Mayor Pro Tem Barnette declared the
motion carr�ed unanimously and the Public Hearing opened at 7:37 p.m.
Mr. Sobiech, Publ�c Works Director, stated the proposed plat �s located
on the west side of Rtverview Terrace, ,7ust south of Mississippi Place
and would constst of four lots.
The Planning Commtss�on held a public hearing and recommended approval of
the plat with several stipulations. It was recommended that a covenant
be f�led with the plat in reference to ma�ntenance of the proposed private
roadway and the covenant wou7d also ind�cate that maintenance and operat�on
of the lift station be the responsi5ility of the property owners of Lots 2,
3 and 4 and that all necessary utility and drainage easements be included
in the final plat.
Mr. So6iech stated it is proposed that the utility and drainage facilities
would be installed wtth�n the 20 foot private driveway. He stated this
driveway was the sub,7ect of discussion by the Planning Commisston, because
of the private nature of the access.
Mr. Sobiech stated the F�r•e Department feels they would have a difficult
time with the 20 foot driveway, as there is no means for turntng around
once they were into the area. Mr Sobiech stated he would like to see a
turn-around for ingress and egress.
Mr Sobiech stated, in connection with the final plat, there would be a
park fee of $300.D0 per lot; a review of the plans and specifications for
the utilities; and an escrow would be required to cover the cost of the
City reviewing the plans and mak�ng any necessary inspections. He stated
there would also 6e a drainage plan for the final plat which would indicate
the proposed impact of this development on neighboring properties,
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PUBLIC HEARING MEETING OF JUNE 12, 1978 PAGE 2
No persons in the aud�ence spoke for or against this proposed plat.
MOTION by Counctlman Fitzpatrick to close the Publtc Hearing Seconded by
Councilman Schneider, Upon a voice vote, all voting aye, Mayor Pro Tem
Barnette declared the motion carried unanimously and the Pu61ic Hearing
closed at 7.43 p.m.
PUBLIC HEARING �N CITY OF FRIDLEY COMPREHENSIUE SEWER PLAN:
� MOTTON by Counc�lman Schneider to waive the reading of the Publ�c Heartng
notice and open the Public Hearing. Seconded by Councilman Hamerm k
Upon a voice vote, all voting aye, Mayor Pro Tem Barnette declared the
motion carried unanimously and the Public Hearing opened at 7�43 p.m.
Mr. Sobtech, Public Works Director, stated the ortginal Comprehensive Sewer
Plan was prepared for the City in 1973 6y the firm of Comstock and Davis
and it has now been updated, Mr. Sobiech stated the 1973 Plan had pro,7ected
a larger sewage flow and a larger population for Fridley. He stated the
conclus�on arrived at is that Fridley's collection system is adequate to
take care of the forecast for future population, however, there are some
recommendations for extension of certain trunk sewers to further eliminate
any potential problems that may arise. It was felt, however, these
interceptor lines shouldn't be constructed until the need is imminent,
slnce there �s a cost dlfferential for treatment between Service Area '�1
and Service Area #2.
Mr. Sobiech stated the City generally has two basic storm systems, one
within the Rice Creek Watershed District and one outs�de the District.
Mr. Sobiech then proceeded to review the material and maps which comprtse
the Comprehensive Sewer Plan. He stated, basically, the sanitary sewer
system in the C1ty 1s sound, with a few minor changes and some policies
and guidelines will have to be developed to monitor development of areas
outside the P.ice Creek Watershed District to be sure that development does
� not increase the capacity or decrease the quality of the water into the
storm sewer system.
Mr. Sobiech stated this is the � m tial publ�c hearing on the Comprehens�ve
Sewer Plan and this plan would 6e brought back to Council for another pu6lic
hearing when it �s rncluded as part of the overall Comprehensive Plan for
the City.
No persons in the audience spoke regarding the Comprehensive Sewer Plan.
MOTION by Councilman Fitzpatrick to close the Public Hearing. Seconded by
Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Pro Tem
Barnette declared the motion carried unanimously and the Public Hearing
closed at 8 05 p.m.
OLD BUSINESS:
CONSI�ERATION OF A RE4UEST FOR APPROVAL OF VARIANCES FOR STGNS LOCATED AT
Mr Qureshi, City Manager, stated the applicant has requested this item be
tabled to the Council meeting on �une 19, 1978, as addit�onal information
will be presented to Council at that ttme
, MOTION by Councilman Schneider to table th�s item for one week unt�l the
June 19, 1978 Council meeting. Seconded 6y Councilman Fitzpatrick. Upon
a voice vote, all voting aye, Mayor Pro Tem Barnette declared the mot�on
carried unanimously.
CONSIDERATION OF A RESOLUTION APPROVING PLANS AND AUTHORIZING CHANGE
Mr. Sobiech, Public Works Director, stated the Council had a publtc hearing
for construction of a sidewalk on the East s�de of 7th Street 6etween 61st
PUBLIC NEARING MEETING OF JUNE 12, 1978 PAGE 3
and 63rd Avenues which was pet�tioned for by the School �istrict. He stated
the main intent was to provide an area for children to walk safely io Hayes
School, since Parkview School will be closed begimm �g with the 1978-79
school year.
Mr. Sob�ech stated there was an agreement that the School District would
share in the constructton costs with the City, each paying 50% of ihe costs.
Mr. Sobiech stated th�s resolution is now 6efore the Council to approve the
plans for the s�dewalk and authorize a change order so that this sidewalk '
can be constructed in con�unction with the current street construction
pro�ect in the area
Councilman Schneider stated one property owner is involved regarding the
easement which is necessary for construction of the sidewalk. He stated
he has a great concern for the safety of the children going to school, but
also has a concern, �n this case, for the property owner since, over the
years, his property has dwindled with widening of the streets.
Mr. Wayne Saunders, 5D0 63rd Avenue, stated he didn't feel guilty of
executing any ch�ldren because, from his property, they would have to either
go down 63rd Avenue or continue up 7th Street in order to get to Hayes School.
Mr. Saunders stated he would have no ob�ection to having a sidewalk along the
curb, but to have it come up his lawn, when there is so little of it, he
didn't see the necessity and stated he was opposed to the sidewalk.
Mayor Pro Tem Barnette asked Mr. Sobiech to comment on the City's positton.
Mr. Sobiech stated �t is the policy to obtain considerable boulevard, adjacent
to the curb line, when constructing the stdewalk, in order to provide for
proper maintenance and snow storage and removal. He stated there is not
sufficient r�ght-of-way to construct the sidewalk which would necess�tate
the need to acquire some additional easement in order to insure 7- 7z feet
of boulevard between the curbing and sidewalk. ,
Mr Saunders pointed out there wasn't a large storage area along Mississippi
Street.
Mr. Qureshi, City Manager, stated the sidewalks on Mississippi Street were
one of the first constructed in the City and concurred that the sidewalk
was constructed close to the curbin9. He stated, the experience the City
has had, however, in maintaining th�s s�dewalk has shown the need for greater
area to insure proper maintenance.
Mayor Pro Tem Barnette stated the request for the sidewalk was initiated by
the School District, as they felt the children from Parkview would go up
7th Street, then down 63rd Avenue to Monroe, in order to get io Hayes S�hool.
Councilman Schneider stated he was not sure, zf they went ahead and put in
the sidewalk, that this would solve the safety problem, since there are other
obv�ous ways for the children to get to Hayes wtthout using the route along
7th Street to 63rd Avenue and down Monroe. He felt it m�ght be best to wait
and see what traffic patterns develop.
Councilman Hamernik stated, even though this request was initiated by the
School District, another consideration for the sidewalk is that a sitlewalk
will be constructed on the west side of 7th Street from 63rd to P1iss�ssippi.
He stated there is also consideration being given for sen�or cit�zen
activities at Parkview School so persons in the senior citizen complex would '
probably also use the sidewalk on the east side of 7th rn going to and from
Parkview School.
Mr. Saundei°s felt, 7f they are go7ng to have e7der7y people crossing 7th and
63rd, they should have plans for stop signs.
Councilman Fitzpatrick felt, if the children do consistently use 7th Street
to 63rd, then this might be the time to consider the proposal for the sidewalk.
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PUBLIC HEARING MEETING OF JUNE 12, 1978 PAGE 4
He felt, however, they couldn't determine the traffic pattern at this time.
He stated, as far as the sidewalk providing access for the elderly, if this
was a maaor consideration, the sidewalk should be on the west side of 7th
Street.
Councilman Fitzpatrick stated the City has had problem after problem impacted
on this piece of property owned by Mr. Saunders, with the entrance to Commons
Park �n back of h�s property and the widening of 7th Street to the west of
his property.
� Councilman Hamern�k stated the primary consideration for puttina the sidewalk
on the East side of 7th Street was that it was City-owned property and the
costs would be paid for both by the City and School �istrict. He stated he
didn't feel the persons on the west side of 7th Street would be in favor of
paying for a sidewalk on their side of the street.
Mr. Sobiech felt 7th Street should have sidewalks on both s�des from
Mississippi to 61st, however, he pointed out, at this time, the Ctty does
not have a firm sidewalk plan.
Mr. Qureshi, City Manager, stated the Council has already ordered the
improvement and this resolution, for Council's consideration, is ordering
the construction. He stated, if the Council decides not to order the sidewalk
at all, they should probably rescind the resolution ordering the improvement
He stated this resolut�on ordering the construct�on, if not adopted, would
stop any further construction, but by not rescind�ng the resolution ordering
the improvement, it would allow them to proceed with the improvement at some
future date
Councilman Hamerm k asked Mr. Saunders to clarify his posttion, whether he
didn't want the sidewalk at all or doesn't want it to encroach on his property
Mr Saunders stated he didn't have any ob�ection to the sidewalk being
� constructed on City property.
Councilman Schneider stated it appears, if they want to leave the improvement
- ordered but not proceed with the plans, there would be no action on this
resolution before the Council.
Mr. Herrick, City Attorney, pointed out there are limits regarding how long
they could wa�t before starting construction, after ordertng the improvement.
Mr Sobiech, Puhllc Works D�rector, stated construction must be initiated
within one year, after ordering the �mprovement.
Mr. Quresht felt, if the resoluiton was not adopted, the School Board should
be advised that the Council chose not to construct the sidewalk this year
Councilman Schneider stated he would like to see what traffic �attern develops,
and was not prepared to move the resolution.
Councilman Hamernik stated the Council has indicated to the School Board they
would proceed with the sidewalk construction
Councilman Schneider pornted out that this was before it had come to their
attention that the sidewalk would be on Mr. Saunder's property
THERE BEING NO MOTTON ON THE RESOLUTION, THE RESOLUTION DIED FOR LACK OF A
MOTION.
NEW B�SINESS:
RESOLUTION N0. 51-1978 AMENDING RESOLUTION #24-1978 REGARDING DETACHMENT AND
ANNEXATION FROM COON RAPIDS
Mr. 5obiech, Public Works Director, stated this is the property involved rn
the previously approved Thompson's Riverviear Heights Addition. He stated,
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PUBLIC HEARING MEETING OF JUNE 12, 1978 PAfE 5
because a petition was received from ad�acent property owners, the City
extended the detachment and annexation past the approved plat, however,
Coon Rapids felt the extension of the detachment and annexation beyond the
proposed plat was not in order at this t�me and that the remaining portion
of Lot 17 could be incorporated into a subdivision which could remain totally
�n Coon Rapids.
Mr. Sobiech stated the Council is requested, therefore, to adopt this
resolution to amend Resolution #24-1978 adopted February 27, 1978 to coincide
with the Coon Rapids reso7ution so that only the Easter7y 84.5 feet of ,
Lot 17, Auditor's Subdivision n103, Revised and Lot 24, Block 4, Mississippi
Oaks is included in the detachment and annexation.
MOTION by Counc�lman Fitzpatrick to adopt Resolution No. 51-7978 as shown
on Page 5A of the agenda book and includes only the Easterly 84.5 feet of
Lot 17, Auditor's Subdivision #103, Revised and Lot 24, Block 4, Misstssippi
Oaks. Seconded by Councilman Schneider. Upon a voice vote, all voting aye,
Mayor Pro Tem Barnette declared the motion carried unanimously.
CONSIDERATION OF FIRST REA�ING OF AN ORDINANCE UNDER SECTION 12.06 OF THE
CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZINf THE
SALE THEREDF LOT 27, AUDITOR'S SUBDIVISION 92 :
Mr. Herrick, City Attorney, stated, in 1962, the City elected to realign a
portion of Gardena Avenue and in doing so, vacated one easement and then had
to acquire another easement of comparable s�ze. He stated the City made
arrangements with the property owner to exchange the vacated piece for a new
easement.
Mr Herrick stated the ind�vidual is now bu9ld�ng a house and the mortgage
company ob,7ected to that proceeding, indicating that when the property was
vacated, �t didn't become the property of the City, but to one of the
neiqhbors. The mortgage company has asked for a qu�t claim deed from the
neighbor and have the City quit claim a deed to the ind9vidual who received
the quit claim deed from the City back in 1962.
Mr. Herrick stated there �s a Charter provis�on that property can only be
sold by ord�nance, therefore, this ordinance is necessary to correct a
title for property that was exchanged in 1962.
MOTION by Councilman Schneider to waive the reading and approve the ordinance
upon first read�ng Seconded by Councilman Hamernik. Upon a voice vote, a7]
vottng aye, Mayor Pro Tem Barnette declared the motion carrted unanimously.
VISITOR COMPLAINT
Mr. Hasher, 600 Ktmball Street, appeared before the Council regarding a
residence at 8295 Broad Avenue He stated he contacted the City several
times regarding the problems at this address.
Mr. Hasher stated there are three cars that haven't moved in three months,
a bed in the driveway, several other piles of trash and trees that are up
to the curb l�ne.
Mr. Hasher stated he had this property owner in court about 13 years ago
and he has been shot at, and his kids accused of stealing mail. He stated,
over th�s past weekend, the Police were called by this person and they
charged a lad �n the neighborhood with theft. He stated he can't sit still
any longer and have these accusations going around.
Mr. Hasher stated he is getting awfully tired of calling C�ty Hall and
being told nothing can be done and if the Po7ice force is afraid, the
City is in bad shape. He stated there are weapons at this residence as
he has seen them being discharged.
Mr. Hasher stated, when he took this person to court, he had to miss five
days work and before the hearing, he was told they were chang�ng the plea
so that the man could get psych�atric help.
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PUBLIC HEARING MEETING OF JUNE 12, 7978
PAGE 6
Councilman Fitzpatrick stated he was made aware of the situation at the
beginn�ng of the week and the City staff �s beginnin9 an investigation.
Mr. Earl Kochman, 545 �anesv�lle Street, stated h�s property is ad�acent
to the res�dence at 8295 Broad Avenue, and stated lasi evening he and his
wife saw the property owner at this address take a shotgun and lay it
against the bed. He stated he didn't know if it was safe to walk out of
his home. He stated the Police have been called and he watched them drive
up and turn around and then drive away.
Mr. Herrick, City Attorney, stated he can understand that the res�dents
are upset, however, they have to find out what ordinances or laws are
being violated. He felt there are several City departments that should
do some r_hecking to determine if there are violations of the ordinances
or laws.
Ms. Connie Kuusisto, 585 Janesville Street, stated the property owner at
8295 Broad Street had called the Police and accused her 14 year old son
of stealing several items and also accused him of stealing dogs and taking
them to South Dakota. She stated her children cannot go in their back
yard without being harrassed by this person
Mr. Rick Hasher, 600 Kimball Street, stated he would like to impress on the
Council that it �s time for something to be done. He stated several weeks
ago, these persons were burm ng garbage in the�r driveway, and he knows there
is a burning ord�nance in the City.
Mr. Qureshi, City Manager, stated the City would certainly rnvestigate all
the complaints made and if there are any violations, unless they are observed
by an officer of the City, it would be necessary to have the citizens f�le
complaints with the prosecutor.
Ms. Sue Kucher, 385 Territorial Road, stated she was a secretary at the
Coon Rapids bank where the property owner at 8295 Broad Avenue does his
� banking. She stated when this person comes into public places and starts
causing trou6le, it then 6ecomes something the whole community should be
concerned about.
Mayor Pro Tem Barnette stated the staff wou1d investigate these complaints
Mr. Herrick felt some contact person in the City should be designated.
Ms. Kuusisto stated they have been in contact with Neil Duncan of the Police
Department and would work with him regarding this situation
CLAIMS:
MOTION by Councilman Schne�der to author�ze payment of Claims No. 152F22
through 158993. Seconded by Councilman Hamernik. Upon a voice vote, all
voting aye, Mayor Pro Tem Barnette declared the motion carried unanimously.
A�JOURNMENT
MOTION by Councilman Schneider to ad,7ourn the meeting. Seconded by Councilman
Hamernik. Upon a voice vote, all voting aye, Mayor Pro Tem Barnette declared
the motion carried unanimously and the Publtc Hearing Meeting of the Fridley
City Council of ,)une 12, 1978 ad,7ourned at 9�D5 p.m.
Respectfully submitted,
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Carole Haddad
Secy. to the City Council
Approved• � ) -v���-le�
July 1D, 1978
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ob rt Bar ette
Mayor Pro em