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PL 05/16/1990 - 30719� CITY OF FRIDLEY PLANNIN(� COi'II�IIBSION MEETING� MAY 16, 1990 �M�Mw►N��NwMMwM.►N�MIrNNIrIrIY�YMMMMwMMM�MNNMMMMMMMMMMMMMMMMNMMMMNNMM. V MM CALL TO ORDER• Acting Chairperson Dean Saba called the May 16, 1990, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Dean Saba, Paul Dahlberg, Sue Sherek, Mary Schreiner (for Dave Rondrick), Larry Kuechle (for Diane Savage) Members Absent: Don Betzold Others Present: Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant Joel Cason, Loyal Order of Moose Lodge No. 38 (See attached lists) APPROVAL OF APRIL 25, 1990, PLANNING COMMISSION MINIJTES: �� MOTION by Ms. Sherek, seconded by Mr. Dahlberg, to approve the April 25, 1990, Planning Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPER80N SAHA DECLARED THE MOTION CARRIED IINANIMOIISLY. l. PUBLIC HEARING: CONSIDERATION OF A REZONING ZOA #90-04 BY THE LOYAL ORDER OF MOOSE LODGE 38: To rezone the north 95 feet of Lots 14 and 15, Brookview Addition, except the west 22 feet of the north 95 feet of Lots 14 and 15, Brookview Addition, and also the south 95 feet of Lots 14 and 15, Brookview Addition, except the west 22 feet of the south 95 feet, from R-3, General Multiple Dwelling, to C-2, General Business, generally located at 6875 Highway 65 N.E. MOTION by Mr. Dahlberg, seconded by Ms. Sherek, to open the public hearing. IIPON A VOICE VOTE � ALL VOTING AYE, ACTIN(3 CHAIRPERSON BAHA DECLARED T8E MOTION CARRIED IINANIMOIIBLY AND THE PIIBLIC HEARING OPEN AT 7:32 P.M. Ms. McPherson stated this property is generally located at the intersection of Highway 65 and 68th Avenue N.E. The Sunliner Motel ,—, PLANNING COMMI88ION MEETINd MAY 16, 1990 PAGE 2 � � is directly to the north of the property, and the Knights of Columbus is directly to the south of the property. Ms. McPherson stated that currently on the site is a two-story office building that was occupied by Suburban Engineering from 1965 to 1989. The parcel has been zoned R-3, General Multiple Family, since 1958. The first Suburban Engineering building was constructed in 1960. At that time, the zoning code allowed office and lodge uses as permitted uses within the R-3 district. The Suburban Engineering building was destroyed by the 1965 tornado and was reconstructed. The Knights of Columbus constructed their building in 1965. At that time, office and lodge uses were still permitted uses within the R-3 district. It was not until 1969 that the zoning code was amended to exclude these uses from the R-3 zoning district. These uses are now only permitted in C-2, General Business, or higher zoning districts. Ms. McPherson stated the Loyal Order of Moose Lodge No. 38 is proposing to remodel the existing building in order to provide an assembly hall, office space, and kitchen/bar facilities. The remodeling is necessary in order to accommodate the activities that will occur on the site. These activities include the following: 1. "Birthday suppers" once a month 2. Dances on Friday and Saturday evenings 3. Membership meetings on the second and fourth Tuesdays and first and third Thursdays of each month Ms. McPherson stated the birthday suppers and the dances are for members only and are used for raising funds for the Moose Lodge. The Moose Lodge expects 50-100 persons to attend these functions. Currently the site provides 39 parking spaces; however, the parking lot does not comply with the zoning code setback requirements. For the uses proposed, the zoning code would require 42 spaces on site. Ms. McPherson stated the Moose Lodge has approached the owner of the Sunliner Motel, Mr. Warren Paulson, about the possibility of using that lot for overflow parking; but Mr. Paulson has indicated that he needs his parking area to provide space for over-the-road truckers who use his facility during the week and weekends. Ms. McPherson stated the Knights of Columbus received a special use permit in 1988 to expand their parking lot onto the vacant parcel north of their building. It may be that activities at the Knights of Columbus may prevent the Moose Lodge from sharing these parking facilities. Ms. McPherson stated the Moose Lodge conducted a neighborhood '� meeting on May 9. In addition to the lack of parking available on site, the neighbors expressed concern about the number of traffic PLANNING COMMI88ION MEETING. MAY 16, 1990 PAGE 3 �� accidents at the intersection of 68th Avenue and Highway 65. Staff investigated this concern and found that in the last five years, there have only been seven accidents at that intersection and no accidents have occurred at that intersection since 1987. Ms. McPherson stated that when the City evaluates rezoning requests, the City needs to look at the compatibility of the proposed use or the proposed zoning district with the surrounding uses and districts. The surrounding uses and zoning districts are of a residential character and rezoning this property from R-3, Multiple Dwelling, to C-2, General Business, will create the opportunity for more intense uses to occur on this site, should the Moose Lodge vacate this building. The proposed use also changes the character of the neighborhood from an office use where the hours of operation occurred primarily between 8:00-9:00 a.m. to 5:00 p.m. to an assembly use where the hours of operation will occur in the evening hours from 4:00 p.m. to 1:00 a.m. Ms. McPherson stated that in order to bring the property into compliance with the C-2, General Business, district zoning standards, the City would have to grant seven variances. The most important variances would be those for the parking setbacks. If the City denied those parking variances, the site would only provide 24 spaces. � Ms. McPherson stated that although the Knights of Columbus building is also in an R-3 zone, they do meet many of the C-2, General Business, district zoning standards, the most important of which is the 15 foot buffer strip between the parking area and the residential area. Ms. McPherson stated that due to the incompatibility of the proposed use and zoning district with the surrounding neighborhood, the increased traffic and the potential for difficult traffic access onto Highway 65, staff recommends the Planning Commission recommend denial of the rezoning request, ZOA #90-04. Mr. Ruechle asked if there are any plans to generally rezone this whole area. Ms. McPherson stated staff has talked about rezoning the properties north of Rice Creek from the industrial use to a business use, because those properties are more of a retail nature. However, staff has not explored the possibility of rezoning the property in question and the Knights of Columbus property to anything other than what they are zoned now. Mr. Dahlberg asked if staff looked at this property relative to keeping it as an office use. If so, what variances might be required if was occupied as an office use again or what the r`` implications of its present condition are? Can it meet the required parking for an office use with the current R-3 zoning? PLANNINa COMMI88ION MEETINa� MAY 16. 1990 PAGB 4 ;� Ms. McPherson stated she did not analyze the parking spaces required; however, due to the fact that there was an office use on the site up to one year ago, the property would maintain its legal nonconforming status if it was occupied again with an office use. At that time, staff would have to look at the number of parking spaces needed for a particular office use. Ms. Dacy stated there is approximately 9,000 sq. ft. on the site. Dividing that by 250 sq. ft. per parking space, 36 parking spaces would be required for an office use and there are that many spaces on the site. Mr. Joel Cason, 4133 5th Street N.E., stated he is representing the Loyal Order of Moose Lodge No. 38. He stated this Lodge is the second oldest lodge in the country. They have been in existence over 85 years. They have about 900 members, but only about 100- 125 attend the bigger functions. They average 85-100 people on a Friday or Saturday night. They are civic-minded group and have helped out various organizations in the northeast community. Mr. Cason stated they were located in Minneapolis at 14th/Monroe Street behind Banks, but the City of Minneapolis has purchased their building and they must find a new facility. They are looking � for a fresh start and the opportunity to grow. They looked at several locations before finding this site. This is a building they can rehab but yet is not too expensive. It is a good location also because it is on the busline, and many of their members do not drive anymore. They would not expect to remain in this new location a great length of time, and maybe within 5-6 years, they would need to look for or build a larger facility. Mr. Cason stated they have approached the owner of the Sunliner Motel and the Knights of Columbus for overflow parking, and it was his understanding at that time that there was no problem using the Knights of Columbus lot for overflow parking. However, now that doesn�t seem to be the case, and there could be a parking problem when both facilities have functions. Mr. Cason stated that at the neighborhood meeting, the neighBors expressed concern about noise. He stated they plan to rehab the building and would put in the insulation needed so there would not be a noise problem. They might consider putting the dancing down- stairs which would help with the noise problem. He stated they have been in the same location for 35 years with adjacent residential uses and never had any problems with the police or neighbors. The Moose Lodge is more of a private club. It is not a bar. They would be good neighbors. Ms. Schreiner asked where the Moose Lodge members are located. n PLANNINa CO1�II�I88ION MEETING� MAY 16. 1990 PAGE 5 ,--� Mr. Cason stated their members come from Fridley, Columbia Heights, Hilltop, Blaine, and a large number from Northeast Minneapolis. Mr. Frend Wadsworth of Park Realty stated that he represents the owner of the building, Robert Mender, who lives in California. He stated that they have been trying to find some other use for the building, but think the use of the building by the Moose Lodge will be a good use for it and will probably be an upgrade for the building, despite the fact that some variances are needed. He would hate to see this rezoning turned down for an office use that might be able to use the building the way it is. Mr. Richard French, representing the Knights of Columbus, stated there must have been some misunderstanding because the Knights of Columbus will not be able to provide overflow parking for the Moose Lodge. He stated the Knights of Columbus spent $100,000 last year to acquire an adjacent lot for more parking for their own use. They did extensive landscaping and put in a privacy fence between them and the residential neighbors. It is not possible on a Friday or Saturday night to provide parking for both their halls plus some for another lodge. If the Moose Lodge can provide their own parking on site, then the Rnights of Columbus would not mind having them for neighbors. ^ Mr. Dahlberg stated that if the Knights of Columbus parking is full, where does the overflow go? �, Mr. French stated that their parking facility has proved to be adequate. There have only been 1-2 exceptions, and they have received special permission from the Police Department to be allowed to park off the paving on the west side of the service drive. Mr. Rollie Jergens, 54th Avenue/7th Street (Moose Lodge member), stated he has lived here for about 28 years. Fridley is a nice area, and he appreciates living here. Apparently the parking is the basis of the problem in approving the rezoning. They had thought there would be some cooperation from the Rnights of Columbus for excess parking, but that does not seem to be the case. Their lodge has gone out of its way to be as beneficial to this area as the Knights of Columbus. They have had no cooperation from the City of Minneapolis, and they thought they would have no problem in Fridley. Financially, this building is perfect. A lot of their members live in the Fridley area. But, if they are going to be short on parking, there is not much they can do about it. Ms. Viola Porter, 6870 Channel Road N.E., stated they live directly behind the old Suburban Engineering parking lot. She is representing herself, her husband, and some of her neighbors. Their major concern is that this is just not an appropriate use for this property adjoining a residential neighborhood. As she understands it, the Moose Lodge would be open seven days a week PLANNINa CO1�II+ZI88ION MEETINa. MAY 16. 1990 PAGE 6 ,� from 4:00 p.m. to 1:00 a.m. This means constant traffic, parking, and noise. There is inadequate parking, and they cannot get any additional parking from the Sunliner Motel or the Knights of Columbus. The Lodge's membership ranges from 400 - 1,200. Any Moose Lodge member, nationwide, can go to any Moose Lodge in the county. She stated the Moose Lodge has looked at other alternatives to gain more parking, and one alternative is to cut down the bank at the back end of her property and put in a retaining wall. That is not acceptable to them, because then there would be no barrier or buffer zone between her property and the Moose Lodge property. The other alternative was the construction of a two-story parking ramp which would also be totally unacceptable right next to a residential neighborhood. Ms. Porter stated the residents on Lucia Lane and Channel Road are opposed to this rezoning and the use of the property by the Moose Lodge, and she submitted a petition to the Planning Commission. MOTION by Ms. Sherek, seconded by Ms. Schreiner, to receive Petition No. 6-1990. IIPON A VOICE VOTE, ALL VOTING AYE, ACTINC3 CHAIRPERBON BABA DECLARED THE MOTION CARRIED IINANIMOIIBLY. � Mr. Bill Wharton, 6887 Channel Road N.E., stated that he has lived here for 20 years. He stated he objected to the use of this property by the Loyal Order of Moose Lodge No. 38 or any similar usage. He has nothing against the Moose Lodge. They provide a commendable service to the community, but he just did not believe that a lodge is a proper use for that location. The neighbors are concerned about parking; they are concerned about turning that area of Fridley into a"booze strip". There is already a facility in this area that serves liquor. This is a residential area, and he commended the Planning Department staff for their recommendation to the Planning Commission of denial of this rezoning request. Mr. Forrest Welton, 4900 - 4th Street N.E. (Moose Lodge member), stated the Moose Lodge locally and abroad support MooseHeart which takes care of women and children if something happens to the husband or father who was a Moose Lodge member, and MooseHaven for the elderly. It is a working man's lodge; and it is for the people by the people. It is not a prosperous organization. Mr. Lyle Quam, 6895 Channel Road N.E., stated he has lived here since 1954. He stated he has nothing against the Moose Lodge. His father was a member of the Moose Lodge for about five years. They are concerned about the parking; and when there is a big function, where will the people park? The streets are too narrow for parking. Another problem is the traffic. There is enough traffic with the motel and the Knights of Colwnbus. He did not believe �'", this property is a suitable location for a lodge. PLANNINa COMMI88ION MEETINa. MAY 16, 1990 PAGE 7 ,-'� MOTION by Ms. Sherek, seconded by Mr. Kuechle, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, ACTIN(3 CBAIRPERSON BABA DECLARED THE MOTION CARRIED IINANIMOIIBLY AND THE PIIBLIC HEARINa CL08ED AT 8:10 P.M. Mr. Dahlberg stated there appears to be 45 parking spaces on the site plan; however, the staff report says there are only 39 spaces. There is no way of telling if these 45 spaces are in conformance as far as width, so that might not be entirely accurate. If the rezoning is recommended for approval, wouldn't the Moose Lodge have to bring the parking into compliance? Ms. McPherson stated that is correct, or they could apply for variances for the setbacks that currently do not meet code. Mr. Dahlberg stated that if variances were granted for parking setbacks, would the spaces have to be striped at 10 ft. x 20 ft.? Ms. McPherson stated that is correct. Mr. Dahlberg stated that if there are 39 possible parking spaces on the site and the requirement is 42, then they are only short 3 ^ spaces. However, if there are 45 parking spaces as shown on the site plan, and the requirement is 42, then there is not a problem relative to the zoning code requirement, assuming all the variances have been granted. � Ms. Sherek stated that since there is some consideration for reducing the parking stall requirements to 9 feet, would that apply in this case? Ms. Dacy stated the intent of the City Council's informal discussion was that high volume uses would maintain the 10 foot parking width. They did discuss the 9 foot wide stalls for apartment buildings. This property is zoned R-3, but, given the intent of the Council's discussions, staff would require 10 foot wide spaces on this site. Mr. Dahlberg asked if the Moose Lodge has applied for variances, will be applying for variances, or are they not required at this stage? Ms. Dacy stated the process the Moose Lodge is taking is to first see whether or not the City will even consider rezoning the property. If the City Council does rezone the property, then they are stating that the C-2 district is compatible at this particular location and that would almost predispose the granting of those variances. That brings up another part of this issue and that is that if, for some reason, the Moose Lodge's purchase agreement would fall through, there would be a decision on the record to PLANNINa COMMI88ION MEETING, MAY 16. 1990 PAGB 8 ,� n � rezone this property to C-2. What the City will probably do and what has been the City's past policy is to withhold the second and final reading of the rezoning until they are assured that what is proposed for the site during the process is going to occur. Mr. Dahlberg stated that there is no refuting the fact that the Moose Lodge is a reputable and welcome organization in any community; however, this is a difficult situation from the stand- point that it is an existing site that is limited in size to accommodate the kind of parking requirement that would be anticipated for a use such as a Moose Lodge in this building. It becomes difficult to say the City does not want a Moose Lodge in Fridley, because, in his opinion, they would probably be very welcome. He stated that anybody that comes into or is in the community and wants to make changes and/or modifications to their property must conform to the given ordinances. By virtue of that, the Planning Commission must say that the Moose Lodge at this particular site is not appropriate due to the factors and conditions outlined by staff. Ms. Schreiner concurred. She stated another important factor the Planning Commission should take into consideration is that the use of this property by the Moose Lodge would change the regular use of the site from daytime hours (which it has been for the last 20 years) to night time hours. There will be more evening traffic and noise when people are at home trying to enjoy the peace and quiet of their residential homes. Ms. Sherek stated she had two points to make: (1) If this was a special use permit request specific to the user, this might be a different decision. But, if they rezoned this piece of property to C-2; and, if at some point in time, the Moose Lodge moved out in 4-5 years, they will not have the level of control over future owners or tenants as they do with the R-3 zoning. (2) She lives very close to the Fridley American Legion, so she knows about parking deficits. Some evenings it is difficult to get down her street because of the traffic and parking problems. She stated this is a difficult decision for her because her parents have been members of this particular Moose Lodge for over 40 years. However, she did not think this proposal by the Moose Lodge is appropriate for this site. Mr. Saba stated that any request to rezone property from residential to commercial should be taken very seriously, and they should look at the long range plans for the City. He stated he is also concerned about the hours of operation and the traffic in the evening. He also agreed that the Moose Lodge is a very reputable organization and an asset to any community. He hoped they could find another location in Fridley. � MOTION by Mr. Dahlberg, seconded by Ms. Sherek, to recommend to - City Council denial of rezoning, ZOA #90-04, by the Loyal Order of PLANNINa COMMI88ION MEETINa MAY 16, 1990 PAaB 9 !'`� Moose Lodge No. 38 to rezone the north 95 feet of Lots 14 and 15, Brookview Addition, except the west 22 feet of the north 95 feet of Lots 14 and 15, Brookview Addition, and also the south 95 feet of Lots 14 and 15, Brookview Addition, except the west 22 feet of the south 95 feet, from R-3, General Multiple Dwelling, to C-2, General Business, generally located at 6875 Highway 65 N.E. IIPON A VOICE VOTL � ALL VOTINC3 AYE, ACTINa CHAIRPERBON BABA DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. Dacy stated that at the June 4 meeting, the City Council will establish a public hearing for June 18, 1990. 2. CONSIDERATION OF A VACATION SAV #90-02 BY THE CITY OF FRIDLEY: To vacate that part of Broad Avenue lying north of the westerly extension of the southeast line of Lot 26, Block C, Riverview Heights and lying southerly of the westerly extension of the northwest line of said Lot 26, Block C, Riverview Heights, generally located north of Lafayette Street and south of Mississippi Boulevard. Ms. McPherson stated the purpose of this meeting is to gather as much testimony and information from the surrounding property owners � as possible. The Fridley City Manager is working with the Coon Rapids City Manager regarding this issue, so staff is recommending that the Planning Commission not take any action at this meeting, but rather just gather information from the neighborhood. Ms. McPherson stated the City of Fridley is proposing to vacate that portion of the Broad Avenue right-of-way which lies north of Lafayette Street in Fridley and ends at the Coon Rapids/Fridley border. This is in response to a letter the City received from a neighbor and property owner, Gerald Reierson, 621 Lafayette Street, who offered to purchase Lot 26 from the City for approximately $500. The City is looking at possibly combining Lot 26 with the vacated right-of-way to create a buildable lot for a single family home. Ms. McPherson stated the site is currently zoned R-1, Single Family Dwelling, as is the surrounding properties to the north, east, and south. Currently, within the right-of-way, the neighbor to the west in Coon Rapids has fenced and maintained the public right-of- way. In addition, there is a foot path along the east line of the right-of-way which connects to a five foot bituminous bikeway/ walkway which the City of Coon Rapids constructed in 1974. Ms. McPherson stated the previously mentioned fence was constructed in 1971. In 1973, the City of Fridley received a similar vacation request from Kay Olson, the previous owner of Lot 26, before the ^ City of Fridley acquired it as a tax forfeit lot. This vacation - was never completed. In 1974, the City of Coon Rapids proposed to '"� PLANNINa COMMI88ION MEETINa MAY 16. 1990 PAGE 10 -- reopen the Broad Avenue right-of-way and constructed a street within the right-of-way from Mississippi Boulevard to Lafayette Street. At that time, the Fridley City Council received two petitions regarding this subject, one which opposed the reopening and one which was in agreement with the reopening. Obviously, the street was not constructed and the present situation exists. Ms. McPherson stated the City of Fridley has four options it can explore to resolve this issue: 1. Leave the property as it is now. 2. The City could vacate the right-of-way and combine it with Lot 26 to create a buildable lot. This buildable lot would then need to be declared "excess" and conveyed to a new property owner. 3. The City could vacate the right-of-way and sell it to the westerly neighbor who has been maintaining the right-of- way. 4. The City could choose to work with Coon Rapids in extending Broad Avenue from Lafayette Street to Mississippi Boulevard. ^ Ms. McPherson stated that normally a vacated right-of-way is divided in half, and half of the right-of-way goes to one property on one side and the other half goes to the property on the other side. However, in this instance, since the right-of-way is entirely within the City of Fridley and is in one single plat, if the City vacated the right-of-way, it would accrue to Lot 26. Ms. McPherson stated that whichever option the City of Fridley chooses, the City of Coon Rapids Planning staff has recommended that some type of pedestrian access remain between Coon Rapids and Fridley. The path on the Fridley side is heavily worn indicating that children and adults use it to access the Coon Rapids park which is located at 85th/East River Road and vice versa for Coon Rapids residents visiting Fridley and Fridley parks. Ms. McPherson stated staff is not making any recommendation at this time. They are recommending the Planning Commission conduct this vacation as a public hearing and take testimony from those in the audience, but not take any action. Ms. McPherson stated the Engineering Department has recommended the City maintain a 15 foot utility/sewer easement along the west right-of-way line. She believed a bikeway/walkway easement could be incorporated into that. �"� Mr. Dahlberg stated that if this right-of-way was split as is - typical when a public right-of-way is vacated, and half was added �. PLANNINa COMMI88ION MEETING. MAY 16, 1990 PAaE 11 to Lot 26 and half added to Lot 21 in Coon Rapids, would Lot 26 still be a buildable lot? Mr. Michele stated it would not be. It would still below the 9,000 sq. ft. minimum buildable lot size. Mr. Dahlberg asked the intention of the City of Coon Rapids relative to the remainder of the right-of-way between Mississippi Boulevard and this area that is question? Ms. McPherson stated the neighbor to the northwest currently has a concrete driveway constructed within the public right-of-way, and the bituminous pathway runs along the easternmost right-of-way line. At this time, staff does not know the true intentions of the City of Coon Rapids, however, they know that the Coon Rapids City Manager is going to be discussing this item on May 22, 1999, with the Coon Rapids City Council in response to a letter the Fridley City Manager, William Burns, sent to him raising some questions about this issue. Mr. Jerry LaPlante, 604 Lafayette Street, stated that he was at the Coon Rapids City Council meeting when the owner of the west lot fenced off that property. The neighbors protested, and the City Council made the owner put in a gate. The owner also built a slab � for parking, and the City Council said he could use that land, but he did not own it. Mr. LaPlante stated he understood that Mr. Jerry Reierson has offered to buy Lot 26. He stated he found it ironic that all these years that lot has sat there doing nothing; and now when the City receives a request from someone who wants to buy it, suddenly the City has other options for that lot. Why not give it to the neighbor who is taking good care of it? He stated the neighborhood uses this walking path a lot. They go to the park in Coon Rapids where there is a ballfield. He doesn't want to have his children walking along East River Road where there is no sidewalk. He thought Jerry Reierson is going to be an asset to their neighborhood and he should be allowed to buy that lot. Mr. Allen Chiodo, 8410 Palm Street, Coon Rapids, stated he is also the Chairperson of the Coon Rapids Parks Commission. He stated this is one neighborhood, not the Fridley neighborhood and the Coon Rapids neighborhood. Their children go to school together, and it is the Adams community. The path is a major thoroughfare for their children, and without that path, their children would be forced onto East River Road which would be an unsafe situation. Some type of path has to be maintained in this area. If there is no pathway, then the spirit of community would be broken. Ms. Shelly Brown, �''� pathway. She sees - is used heavily. 8330 Broad Avenue, stated her home faces the the traffic going through there, and the pathway Her seven year old daughter uses the path PLANNI_Na CONIIylI88ION MEETING. MAY 16, 1990 PAGE 12 ,'„ - --- frequently as do many neighborhood children. But, it is not just children. There are a lot of adults to use that pathway. This is a nice neighborhood. It is a nice neighborhood to take walks to the river, and there is only one pathway from the north end of Broad to the south end of Broad without going onto East River Road. Maintaining that access is very important, not only to Fridley, but to Coon Rapids. n � Mr. Rich Bunin stated he is the attorney for Mr. and Mrs. Dennis Wetterlind, who are the owners of the property in Coon Rapids located to the west of the area being discussed. It is his clients� position that whatever is done, they would like to be allowed to acquire that property up to the fence line they have established. They have no objection to the path, and the path in the location is lies now; in fact, would like to see the path remain in its present location. Mr. Bunin stated his clients have used that property as their yard and have maintained it for at least 17 years. Of the options discussed by staff, the only option that really makes sense is to allow his clients to acquire that property, perhaps to allow Mr. Reierson who has the property located to the east to acquire the other portion of the property that comes up to the path on the east side. Mr. Bunin stated it is his understanding that there are utility poles that go right across the property approximately where the path is located. From an economic standpoint, how economical is it going to be for the City of Fridley to vacate and try to sell this property as a buildable lot? Would it, in fact, be a buildable lot? Also, in terms of this fence, obviously if the path is to remain, and there seems to be strong consensus from the neighbors that they want a path to remain, that nothing can be built unless the path is moved. So, there is going to be some expense if that option is approved. If the fence was moved over to the west which would be closer to his clients� property, they would strongly object to that and he would take whatever action is necessary to protect his clients� interest. There would probably be a significant expense to the City in making that type of move as well. Mr. Bunin stated that as far as the Coon Rapids property which is located to the north, his clients have their driveway on that property, and that was done with the City of Coon Rapids� knowledge. He had a copy of a letter from the City Manager of Coon Rapids to his clients dated September 14, 1971, which addressed the construction of the driveway. The letter stated: "It is further understood that it is your intention to construct a concrete driveway from where the City�s contractor leaves off to meet your existing concrete driveway near your house, that you will grass the remaining portion of Broad Street adjacent to your property, and extend the fence at the south line of your property." His clients '°'`\ PLANNINa COMMI88ION MEETING� MAY 16. 1990 PAGE 13 - did fence in the south portion of this property and also on the east portion. They have also maintained this property for many years and has helped keep the path clear. Obviously, his clients would take a very strong exception to any action by the City of Coon Rapids that would affect his present driveway which is located on the property directly to the north of the property being discussed. Mr. Bunin stated the City of Fridley should very strongly look at how practical it is from all aspects to really use this particular property as a new buildable lot. He thought having two individuals who are interested in a property would allow the City to sell both portions needed to maintain the pathway, and everybody will benefit. Ms. McPherson stated a copy of the letter Mr. Bunin referred to was in the Commission's agenda. Mr. Jerry Reierson, 621 Lafayette Street (Lot 25), stated it would greatly benefit him to be able to acquire Lot 26, so he can enlarge his house which he cannot do now without the granting of variances . He stated there are a lot of little houses on Broad Street, and he would like to upgrade his little house and make it a nicer home for the neighborhood. Right now, the size of his home is just barely ^ livable. He would like to see the property remain as it is, with the pathway open. He would like to see the pathway extended into Coon Rapids to make a nice walkway. The neighbors have kept the area nice. He believed it would be a great expense to the City to have the power poles moved and the other things that are needed to be done to make that property a buildable site. Ms. Schreiner asked if there are any utility lines located within the Broad Avenue right-of-way or Lot 26? Ms. McPherson stated she could not answer that question at this time. She would check that with the Engineering Department. She stated the Engineering Department has requested a 15 foot sewer and utility easement along what would be the westerly line of the right-of-way. Ms. Sherek stated she had several questions she would like to ask of staff: 1. If the City vacates the right-of-way and combines it with Lot 26 to create a buildable lot, what will the size of that lot be in terms of square footage? 2. How will the lot area of the proposed buildable lot compare to other lots in the area? Will it be approximately the same size or larger? n PLANNINa CONIIyII68ION MEETING. MAY 16. 1990 PAGE 14 %'� - - -- 3. What is going to be the cost to move the pathway and the overhead utility poles in comparison to the market value of the proposed lot? 4. What is the actual market value of Lot 26 and of the vacated right-of-way, if the City just sold Lot 26 to Mr. Reierson, vacated all the walking path on the right- of-way, and sold the rest to Mr. Wetterlind? Mr. Dahlberg agreed with Ms. Sherek that it is important to have information relative to the value of this property--either split into two pieces with the path running through the middle or as a single parcel. Mr. Dahlberg stated Mr. Bunin, the Wetterlinds' attorney, made the statement about a letter from the City of Coon Rapids regarding the construction of a driveway by Mr. and Mrs. Wetterlind, a copy of which the Planning Commissioners have in their agenda. He stated he would like to read one paragraph that states: "You should also be aware if you have not been so advised already that whatever you might construct within the public right-of-way would be done at your own risk and you would not be entitled to any compensation for its removal if that should become necessary in the future." So, the residents did construct that driveway at their own risk. ^ Mr. Dahlberg stated he would also like to know the status of Lot 27. That appears to be a lot similar to Lot 26. Ms. Dacy stated that lot is in the City of Coon Rapids. According to the maps, it is tied into Lots 27 - 32, so apparently it is under the ownership of the person who owns the house right at that corner to the east. Mr. Dahlberg stated that any action that may be taken by the City of Fridley relative to this right-of-way, will that impact what the City of Coon Rapids could or should do with the right-of-way as well? Ms. Dacy stated that by virtue of the fact that both City Managers are also discussing this and that the Coon Rapids City Council will also discuss these same options, the City of Fridley�s goal is to come to some type of joint decision. Mr. Dahlberg stated that, potentially, if the City of Coon Rapids was to vacate that Broad Avenue right-of-way from Mississippi Boulevard to the Fridley/Coon Rapids city limits, by law as stated in the staff report, one-half of it would go to Lot 27 and one-half would go to Lot 21. Ms. Dacy stated she will have to check the plat maps. North of � the city limits, it appears that these lots in Coon Rapids are still part of the Riverview Fieights Plat. If this is the case, PLANNINa COMMI88ION MEETING, MAY 16. 1990 PAGE 15 /"1 _ that entire area could possibly revert to the owners on the east side. Mr. Dahlberg stated that whatever decision is made, it is apparent from the testimony they have heard at the meeting, it is extremely important to maintain that pedestrian walkway in whatever shape or form it may take. Mr. Saba stated that for the safety of children and adults walking and biking, he would like to see Fridley continue the bituminous path all the way through there and not leave it as a dirt path. Ms. Sherek stated she stated she looked at this property. She stated she has expressed this philosophy before, and she would like to express it again. She stated she just did not feel that the City has to plot and build on every square inch in Fridley. This property is very nice. The neighbors have taken good care of it. Sure, it would be nice to put another piece of property on the tax roles, but she did not think vacating the right-of-way and combining it with Lot 26 to make a buildable lot would do anything for this neighborhood. She liked the option of selling the property to the two owners on either side and maintaining the pathway, maybe making it an official pathway for the convenience and safety of those using it. '� Mr. Saba stated he agreed. Ms. Schreiner stated she also looked at the property. It is so beautiful and green and looks just like another park. The neighbors are doing a wonderful job in maintaining it. MOTION by Ms. Sherek, seconded by Mr. Dahlberg, to table consideration of vacation, SAV #90-02, by the City of Fridley until a future meeting. IIPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPER80N BABA DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated that when this comes before the Planning Commission again for a decision, the neighbors will be renotified. 3. RECEIVE APRIL 2 1990 PARKS & RECREATION COMMISSION MINUTES: MOTION by Ms. Schreiner, seconded by Mr. Dahlberg, to receive the April 2, 1990, Parks & Recreation Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERBON SABA DECLAR�D THE MOTION CARRIED UNANIMOIIBLY. �'`� PLANNING CO1�lI88ION MEETINa� MAY 16, 1990 PAGE 16 � - 4. RECEIVE APRIL 10, 1990, ENVIRONMENTAL OUALITY AND ENERGY COMMISSION MINUTES: � � OTION by Mr. Dahlberg, seconded by Ms. Sherek, to receive the April 10, 1990, Environmental Quality and Energy Commission minutes. Mr. Saba stated that Earth Day, April 22, at Springbrook Nature Center was very successful. There were a lot of fun activities for everybody. Hopefully, the spirit of Earth Day can be carried out throughout the whole year and beyond. The Nature Center is doing that with special programming--the first Saturday evening of each month is going to be "Earth Day Remembered - Part 1, Part 2," etc . '� IIPON A VOICE VOTE, ALL VOTING AYE� ACTING CBAIRPERSON SAHA DECLARED T8E MOTION CARRIED IINANIMOIISLY. 5. RECEIVE APRIL 18 1990 HOUSING & REDEVELOPMENT AUTHORITY MINUTES• MOTION by Ms. Sherek, seconded by Mr. Kuechle, to receive the April 18, 1990, Housing & Redevelopment Authority minutes. IIPON A VOICE VOTE, ALL VOTINa AYE, ACTING� CHAIRPER80N BABA DECLARED THE MOTION CARRIED IINANIMOIIBLY. 6. RECEIVE MAY l. 1990 APPEALS COMMISSION MINUTES: MOTION by Mr. Kuechle, seconded by Ms. Schreiner, to receive the May 1, 1990, Appeals Commission minutes. IIPON A VOICE VOTE � ALL VOTING AYE, ACTING CHAIRPERSON SAHA DECLARED THE MOTION CARRIED IINANIMOIIBLY. 7. RECEIVE MAY 5. 1990 HUMAN RESOURCES COMMISSION MINUTES• MOTION by Ms. Sherek, seconded by Mr. Dahlberg, to receive the May 5, 1990, Human Resources Commission minutes. IIPON A VOICE VOTE, AI,L VOTIN(3 AYE, ACTIN(� CHAIRPER80N SABA DECLARED THE MOTION CARRIED IINANIMOIIBLY. 8. RECEIVE MAY 8, 1990 APPEALS COMMISSION MINUTES: MOTION by Mr. ICuechle, seconded by Ms. Sherek, to receive the May 8, 1990, Appeals Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, ACTIN(�i CSAIRPER80N SABA DECLARED THE MOTION CARRIED UNANIMOIIBLY. PLANNINa COMMI88ION MEETINa� MAY 16. 1990 PAGE 17 �^� _ OTHER BUSINESS• Ms. Dacy stated that the June 13th Planning Commission meeting is during 49'er Days and is the night of the parade. Did the Commission wish to reschedule this meeting? It was the Commissioners preference to move that meeting to June 20, and, if possible, have that the only meeting for the month of June. ADJOURNMENT; MOTION by Ms. Sherek, seconded by Mr. Kuechle, to adjourn the meeting. IIpon a voiae vote, all votinq aye, Actinq Chairperson Baba declared the May 16, 1990, Planniaq Commission meetinq adjourned at 9:30 p.m. Res ectfully sub itted, '�� yi n Saba Rec ding Secretary ^ � ,� � � 8 I G N- IN 8 H$ E T BLANNING COlrIIrlI86ION MEETING, l (..L� <� �� . ^ f n ' ,'"'� ssax-=x eH$�T PLANNiNG COMMZ86iON �EETiNG, ���( ��,P � C 99'(�