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01/08/1968 - 00020502a � � � ::a �� THE MINUTES OF THE SPECIAL Pi7SLIC HEARING MEETING - JANUARY 8, 1968 The Special Public Hearing Meeting of January 8, 1968 was called to order by Mayor Kirkham at 8;03 P.M. OPENING CEREMONY: ' Mayor IZirkham asked the audience to stand and �oin in saying the Pledge of Allegiance to the Flag. ROLL CALL MEMBERS PRESENT: Kirkham, Lieb1, Harris, Samuelson, Sheridan MEMBERS ABSENT: None ADOPTION OF AGENDA: Mayor Kirkham recommended that Item 2, "COMMITTEE AND COMMISSION APPOINTMENTS", Item 4, "RESOLUTION DESIGNATING COIINCIL REPRESENTATIVE ON NORTH SUBURBAN SANITARY SEWER DISTRICT BDARD, and Item 5, "RESOLUTION DEBIGNATING DIRECTOR AND ALTERNATE DIREGTOR - SUBU3BAN RATE AUTHORITY", be deleted from the Agenda because the Council has no� had their organization meeting. MOTION by Councilman Harris to adopt the agenda with the deletions as suggested. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. PUBLIC HEARING - CONSI➢ERATION OE PROPOSED FINAL PLAT - ANDAEW P. GAWEL, (P.S. ��66-03) SHADY OAK ADDITION: Mayor Kirkham read the Notice of Hearing The City Engineer showed the Council the proposed final plat and explained that this had been approved previously by the Council as a Preliminary P1at. He said that Mr. Gawel has been studyzng the road plan with the other property owners in the area, and temporarily the City is requesting the dedication of z a cul-de-sac easement, which can be vacated when the final location is decided upon. There was a discussion of a road that will have to be cut through in this area when all the property owners decide on an integrated plan. The City Engineer said there were no utilities in this area, and the improvements would have to be petitioned to put the street in. Mr. Gawel, 1546 - 16th Street N.W., the contractor developing this p1at, Mr. Ken Korin, 6051 Ben�amin Northeast, aad Mr. Richard Schneider, 1565 Northeast Ferndale Avenue, two interested property owners, came to the Council table. There was a discussion about where the proposed houses will be built, the proposed grade for Ben�amin Street, and the necessity of slope easements because of the steepness of the road. Mr. Schneider said that when homes are built on Lots 5, 6, and 7, the water will stand on Ferndale Avenue because there will no longer be the proper drainage. He sa7d that someotte wi11 have some fLooded basements, and asked if anything is planned for a storm sewer now. The City Engineer pointed out that this was �ust a small portion of the land to be developed, and the storm sewer will come when the road is to be put through. Mayor Kirkham said there were long range plans for drainage, but asked how this problem will be taken care of r � � _ C=► "�j � SPECIAL MEETING, JANIIARY 8, 1968 PAGE 2 � in the meantime. The City Engineer said that Mr. Gawel has the right to develop this property, and he wi11 have to petition the City to put in the street, hearings can be held, and a section can be put in. He said that the City is working with the people in this area to agree on an overall road plan. Mr. Schneider said he had nothing against the plat, but he �ust wanted something done with the ro�d, as he was told when he built that Ben�amin would be cut down. Mr. Schneider said that ii Mr. Gawel is going to build right away, there is going to be a drainage problem. Councilman Samuelson said he felt the developer should have to 6ring in a drainage plan showing where the sewer and water are going and how the water wi11 drain out of the subdivision. The City Engineer said that eventually there will be storm sewer in this area. Gouncilmaa S�muelson said that the water in the meantime is going to come down the slope to the north and there is presently no outlet for the water. The City Engineer said that it would be hard for him to give a plan, when he does not know what will be done in the surrounding area. Mr. Schneider said that Mr. Cochran had told him that they know what the lrvel of Ben�amin Road will be, and thdt will drain to Rice Creek Road The City Engineer pointed out the way the water wi11 drain. Councilman Samuelson felt there should be a development plan, because if the Council were to approve the plat, they would have very little control over the streets and utilities. Mayor Kirkham said he would agree with Councilman Samuelson, as an individual owner of a lot c=nnot interfere with the drainage so that it would possibly back up into someone else's yard Councilman Harris requested that the City Engineer physically look at this area to see ii there � is any way to lower the east end of Ferndale at its intersection with Ben�amin There was a discussion of the possibility of putting in a portion of storm sewer which could be tied into the larger area at a later date The City Engineer suggested that this public hearing 6e continued, and he can bring back the plans for the Rice Creek Drainage District for Council study. MOTION by Councilman Harris to continue the Public Aearing on the Consideration of the Final Plat as requested by Andrew P. Gawe1 to the Special Public Hearing Meeting in February. Seconded by Councilman Samuelson. IIpon a voice vote, there being no nays, Mayor Kirkham declared the motion carried RESOLUTION 9r�2-1968 - DESIGNATING TINIE AND NUMBER OF REGULAR COUNCIL MEETINGS• Mayor Kirkham recommended that the current program be continued. MOTION by Councilman Samuelson to adopt Resolution �k'L-1968 Seconded by Councilman Harris for discussion Councilman Harris said that presently the Council is getting through with th�=ir meetings at a reasonabLe time, but if it were to start being 1:00 or 2:00 A.M, again, he wondered if starting a half hour earlier would be worthy of consideration. Mayor Kirkham said he would prefer to continue with the present time, and the public is used to the present schedule. Councilman Sheridan suggested the Council be sure � they are through before Midnight. The Vote upon the motion was a voice vote, there being no nays, Mayor Kirkham declared the motion carried. -0 /� y � �� 4 � SPECIAL MEETING, JANIIARY 8, 1968 PAGE 3 CONSIDERATION OF WAIVING PERMIT FEE FOR REMODELING OR REPAIRING ROGER � MCPHERSON PROPERTY AT 5808 TENNISON DRIVE: MOTION by Councilman Harris to waive the permit fee for the remodeling or repairing of the Roger McPherson property at 5808 Tennison Drive which was damaged by a house fire. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried RECEIVING ENGINEER - ATTORNEY REPORT ON ZONING BACKGROUND ON ELDON SCHMEDEKE PROPERTY. LOTS 16. 17. AND 18. BLOCK 12, HYDE PARK ADDIT Mayor Kirkham said that Mr Schmedeke has already had a review of the report, and it would be in order to receive the report. He asked Mr. Eldon Schmedeke if he had any further questions. Mr Schmedeke asked if it was the Council's advice that he go to the Planning Commission. Mayor Kirkham said that the next step for him would be to follow the normal procedures on rezoning aad go to the Planning Commission next. Mr. Schmedeke said that he would be bringing up the possibility of a slip-off ramp on 60th Avenue, as this area did not get a service drive, and he asked if the Council thought he should request this at the same time he requests the rezoning. Mayor Kirkham said he did not know whether it would be better to request both at the same time or not, but he thought that if the zoning was settled first, the request for the slip ramp would have more weight MOTIDN by Councilman Sheridan to receive the report from the City Attorney and City Engineer regarding the zoning of the Schmedeke property. Seconded � by Councilman Lieb L Upon a voice vote, there being no nays, Mayor Kirkham declared the moeion carried CORNER OP OSBORN� ROAD AND UNIVERSITY AVENUE NORTHEAST AS P1 PREVIOUS ZONING - ZONING CHANGE, ETC. ANIERICAN OIL COMPANY: The City Engineer reviewed the report for the Council and said that the property is presently zoned R-3. He said that the Planning Commission discussed rezoning the property for only a certain length of time, and then have rt revert back to the previous zoning, but rezoning cannot be done in this way, and with the present zoning they wi11 need a Special Use Permit. Mr. W. G. Housenga and Harry Erooks, representing the American Oil Company, came to the Council table. They explained that on December 20, 1967, they had appeared before the Board of Appeals in regard to building a service station with a Special Use Permit, Mr. Housenga presented pcitures of the type of station proposed and showed the plans. He said they meet all building and special requirements. He showed a plastic model of the building proposed. Mr. Housenga said that American Oil had bought this property in 1958 for a station, and has beea waiting for the area to develop. The Council pointed out that there was a parcel of land across from this � corner that was designed for a service station, and 7and to the west of their parcel zoned for a service station without a Special Use Permit. The Council felt they did not want an intersection with service stations SPECIAL MEETING, JANUARY 8, 1968 E i.l � _1 d PAGE 4 , on a11 the coraers, Councilman Samuelson was concerned about the future appearance of a service station, and did not feel another station would be adding anything to the City. Mr. Brooks said that the American Oil Company has plans to re�uvenate and streamline their stations to upgrade their image. Mr. Brooks sald that at the Board of Appeals meeting 17 property owners representing 9 homes had presented a petition requesting denial of the permit. He said he contacted these people and had secured 11 statements (representing 6 homes) stating that the people now have no o�ections. He said 2 of the residents were only living there temporarily and could not sign, and 2 other people had only signed to be neighborly. Mr. Brooks said that two home owners sti11 did not feel they wanted to see a station in the neighborhood. He showed the Council a copy of the original petition and the paper on which the people had signed they had no ob�ection, and compared the names. Mayor Kirkham said that this parcel is next to a large undeveloped area in Spring Lake Park Village, and approvZng the Special Use Permit may interfere with something they are planning He said that it may be of help to the developers if this plan was shown to the Spring Lake Park Council. Councilman Harris said that the City has to plan in advance for access around the station for stacking room, so there is never a traffic problem again, such as they encountered on Mississippi Street He said that they may never develop to that extent, but it has to Ue � considered. Councilman Harris suid that the Minnesota Highway Department may want to look at this also, and it should be brought to their attention Councilman Sheridan suggested that the special problems that Fridley has had with stacking at intersections could be pointed out to Spring Lake Park as any necessary land acquisition would have to be made on the Spring Lake Park side. Councilman Harris suggested that the City Engineer explain what is happening on 61st Avenue and 65th Avenue on University, so the prevention of this problem could be incorporated in any loag range plans. Councilman Sheridan asked if the station could be moved further west or closer to T.H. ��47 for more visual access. Mr. Brooks said there was a 75 foot limit on the west approach. MOTION by Councilman Harris to table the consideration of this Special Use Permit for the purpose of study and discussion with the Minnesota Highway Department and Spring Lake Park. He said that this would allow more time to study and consider the problems. The City Engineer pointed out that the Board of Appeals has denied the request, but the American Oi1 Company can request another public hearing before the Council. Mayor Kirkham stated that this can be brought back on the agenda when the City Engineer and American Oil Company are ready to discuss it further, Mr. James McDonald, also representing American Oi1 Company, came to the Council table and said that he had talked to someone at Spring Lake Park on the telephone, and they had no plans at present for the area of land � next to this parcel. He said that the land has an industrial zoning, and most industrial is not being developed with a service road along the right- of-way, but with useable property on both sides of a street which allows the special assessments and sewers to work out more desirably, and he said he was sure his company would cooperate with Spring Lake Park oa setback, and on providing access over their land for bringing traffic from the industrial area to this area. )i � �? �� I SPP�CIAL MEETING, JANUARY 8, 1968 PAGE 5 Councilman Harris said he thought it was the Council's responsibility now to have the Administration contact the necessary parties to research and discuss this further. The representatives of the American Oil Company sasd that they would like to be present at further discussions. They were told they could contact the City Manager to plan a time to get together. The motion to table the consideration of the Special Use Permit at this time was seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. PUBLIC ACCESS TO GLOVER PROPERTY TO BE PROVIDED SY TARGET COMPANY: The City Attorney said that one of the requirements adopted by the City Council in the rezoning of the Herringer - Target property was that public access be provided to the Glover property. He said that the Target Company has provided the easterly 30 feet of Lot 1 and approximately an additional 19 feet for a total of 48+ feet of access to the Glover property. He said it would be his recommendation that this 48+ width be considered as a stub street for public access to this property. Councilman Liebl asked if this would be enough width for a residential street, The City Engineer said that it would be. MOTION by Councilman Sheridan to concur with the recommendation of the Administration and consider the 48+ �eet provided by the Target Company adequate public access to the Glover property. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. RESOLUTION -0k3-1968 - APPROVING PLANS AN➢ SPECIAL PROVISIONS FOR THE INTERSECTION OF T.H. ��47 WITH 53RD AVENUE NORTHEAST SOUTH RAD4P AND NORTH RAMP OF I-694 INTERCONNECTED TO 57TH AVENUE NORTHEAST, AND WITH OSBORNE ROAD: The City Engineer said that normally the State does not request the approval of the City on these signals, as they are using 100% of their own money, but the Federal Government is participating in this pro�ect and they require the approval of the plans. MOTION by Councilman Samuelson to adopt Resolution �k3-1968. Seconded by Councilman Liebl. IIpon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. NEW LEGAL NEWSPAPER: Mrs. Shirley Behrens, reporter from the Tri-County Publications, thanked the Council for naming their newspaper as the official paper of the City of Fridley, and she took new photographs of the Council. ESTIMATED VALUATION FOR 1967; Councilman Harris drew the audience's and Council's attention to the report from the office of the Building Inspector and read the estimated valuation of building permits issued this year and of those issued a year ago, and pointed out that they are more than doubled. He stated that this shows the tremendous strides made this year. AD JO [JRNMENT : MOTION by Councilman Sheridan to ad�ourn the meeting, seconded by Councilman SamueLson. Upon a voice vote, there being no nays, Mayor Kirkham declared the Special Public Hearing Meeting of 7anuary 8, 1968 ad�ourned at 9:26 P.M. Respectfully submitted, J, � % = %�/�G� �,� ,�� �.,Y-� �:�.� Mary Lu Strom Secretary to the Council � i �� f � A v l�✓�v,.., �✓, . � Jack 0. Kirkham �. MAYOR � � �