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12/08/1969 - 00019095�• �° t�a � � THE MINUTES OF THE SPECIAL PIIBLIC HEARING M�ETING OF DECEMBER 8, 1969 Mayor Kirkham called the Special Public Hearing Meeting of December 8, 1969 to order at 7:50 P.M. PLEDGE OF ALLEGIANCE: Mayor Kirkham led the Council and the audience in saying the Pledge of Allegiance to the Flag. ROLL CALL MEMBERS PRESENT: Harris, Samuelson, Kirkham, Liebl MEMBERS ABSENT: Sheridan ADOPTIDN OF AGEN➢A: Mayor Kirkham stated that there were two itens to add to the Agenda as follows: SA: Hilltop Fire Protection Contract. � B under Communxcations: Communication �rom Anoka County DFL Farty. MOTION by Councilman Samuelson to adopt the Agenda as amended. Seconded by Councilman LieI�1, Upon a voice vote� all voting aye, Nlayor Kirkham declaxed the motion carried. PRESENTATION OF FEDERAL GR['�NT T0.COUNCIL 7iND Pf1RK5 AND RECREATION COMMISSION BY THE STATE CONSERVIITZON DEPARTMENT: Representatives Carl Moen and John Kozlak, presented a State Land and Water Conservation GLant (LAWCON) check in the amount of $35,750 to the Fridley City Council and Mr. Edward Fitzpatrick and Mr. Gary Stimmler of the Fridley Parks and Recreation Commission. Others present at the presentation were Martin Bonde from the State Office of Local and Urban Affairs. Mayor Kirkham said Thank You on behalf o£ the Council and added that this grant has been the result of much work by the Administration. This pro7ect was initiated by Councilman Harris. Councilman Harris added his Thank You and said that the City Manager and the Administration was responsible £or much of the paper work and should be thanked The money will be put to good use by the City of Fridley. Mayor Kirkham then turned the check over to Chairman Fitzpatrick. PUBLIC HEARING ON THE VACATION OF STREETS IN HEATIIER HILL ADDITION (SAV ,�69-11) REQUESTED BY MIKE E. 0'BANNON � Mayor Kirkham read the Public Heara.ng Notice, and the City Engineer said that this plan is within the realm of the plan for the overall area. He is following the plan for his plat, and this Public Hearing is to meet the legal requirements for the vacation of the streets. Mayor Kirkham asked if there was anyone present who wished to speak with no response. �� SPECLAL PUBLIC HEARSNG MEETSNG OF DECEMBER 8, 1969 PAGE 2 MOTION by Councilman Harris to close the Public Hearing on the vacation of � streets in Heather Hill Addition requested by Mike O'Bannon. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the hearing closed at 8 00 P.M. INFORMAL PUBLIC HEARING REGARDING STREET IMPROVEMENT ON 61� WAY NORTHEAST: The City �ngineer said that at the last Meeting, two men requested the improvement of this street as rt is needed to get F.H.A. financing. On Suly 14, 1969, the Public Hearing was held. There are 5 homes on this street that Orbit Investment Co., Inc. are planning to build, and there are two existing homes. Mr. Richard Brown, 6103 East River Road said that he has a corner lot, and that he is also speaking for Mr Richard Sa7, 6101 East River Road who was una]�le to attend, in ob�ecting to this improvement, He said that he was opposed to this zmprovement in July when the hearing was held. He signed a petition in opposrtion to the improvement. There was a decision made in July to delete this street from the 1970 program. The reason for the ob�ection was that the property owners felt that they needed tzme to budget for the improvement. He said that he was probably the one most affected because of the corner lot. He had checked to see what his pro- posed assessments were, and £ound that they would be about $1,601. He said that he understood the reason for the request, but Orbit Investment would have their assessment split through five homes and would be less than his. Their assessment would be recovered through the sale of the home. He � said that he would have to re-mortgage his home. He said that his home faces East River Road and the driveway zxits onto East River Road. It is 126' X 130' with the 130' fronting on 61'-, Way In the past the Council has stated that the assessment is placed according to benefits received, but he did not feel that he would be receiving that much benefit. The Crty Engineer explained that the lots were platted to face 61'� Way, but the house is built to face East River Road. There is only 4' o£ difference Mr. Brown said that he has Lot 14, 15, 16 and the west 10' of Lot 17. Councilman Harris asked if this land could ever be subdivided and Mr. Brown said that his house sits on about the 3rd lot. Councilman Harris said that with service off East R�,ver Road, the frontage on 61; Way would then be considered sideyard. This would reduce the assessment down to, he estimated, $650 -$700. This would in turn bring about a larger assessment on Orbit Investment to make up the difference. Councilman Liebl reported that Mr. Brown had called him and he had ex- plained that the Council must honor a petition that is more than 500. The Council does not have the right to prevent the investors from developing the land, and they need the improvement for financing. They wi11 be paying their faa.r share. Mayor Kirlcham added that this assessment would be payable in 1972. Mr, Brown said that he appreciated the Council's con- sideration and that the $700 figure is much more in line. Councilman Harris pointed out that this is no special concession, but the standard Council policy. Mr. Brown pointed out that Mr. So� would have a more direct � benefit as his home faces 61i� Way. He has a 70' lot. Councilman Harris suggested L-hat Mr. Brown check with the City Engineer toward the end of the week for more accurate figures. MOTION by Councilman Lieb1 to close the informal public hearing on the improve- ment of 61� Way N.E. Seconded by Councilman Harris, Upon a voice vote, all voting aye, Mayor Kirkham declared the hearing closed at 8:15 P.M. �� SPECIAL PUBLIC HEARING MEETSNG OF DECEMBER 8, 1969 � INFORMAL PUBLIC HPARING REGARDING STREET IMPP.OVEMENT ON 69TH WAY AND HICKORY DRIVE AND N.S.S.S.D. CONSTRUCTION: PAGE 3 The City Engineer explained that the Public Hearing for the improvement of these streets was held on July 14, 1969. There is now some additional work being proposed by N S.S.S.D and it was felt better to call the people involved in for an informal Public Hearing rather than try to explain through letters. He then showed on the map where the sanitary sewer lines would go, and said that construction is planned for the early part of next year. Their construction work should be completed by next August and after that the street work would be done. The City will work with N.S.S.S.D to get some credit for streets being torn up by the installation of the pipes and this will be passed onto the people living there, Councilman Harris commented that the N.S.S.S.D. had requested an align- ment that the City could agree to without disrupting any homes. This line would be contiguous with the line in Brooklyn Park. He felt that the money derived from tearing up the o1d streets should 6e applied to con- struction of new streets. Negotiations are still under way with N.S.S.S.D on the amount of credit that will be received. Councilman Liebl asked if there was a home on Hickory Circle where the line will go through the lot. The City Engineer said that this was an empty lot. Councilman La.ebl suggested that if possible the line should be � moved one way or the other to preserve a buildable lot, The City Engineer said that he would work with N.S.S.S D, on this. He said that he had talked to the man owning the vacant lot that day, and he wi11 be com- pensated for the easement. There will be force mains through the area, and these will then go under the river. He said that the City will try to get as much credit as possible from N.S.S.S.D. for the construction and this will then be passed on to the people. Mr, Abe Nichols, 6949 Hickory Drive, asked if there were any alternate routes proposed. The City Engineer said that it was felt that this route would be the best as there is already publzc right of way and it would not disrupt any homes. This route was chosen by N,S.S.S.D. It could go through the lake, but this would mean tearing up valuable property, The City will be improving these streets anyway, and the credit due will lower the assessment costs. Mr. Nichols said that he had an easement through the back of his lot and the City Engineer said that this would be a City ease- ment rather than an N.S,S S.D. easement This easement would not be large enough. Mr. NLChols asked if this is definite, and the City Engineer replied yes. The City Attorney added that N.S S.S.D, does have the right of eminent domain and could condemn if necessary. He said that it would be a losing cause to ob7ect. Councilman Harris explained that as the N.S.S S.D. will be absorbed by the Metropolitan Sewer Board sometime after January 1, 1970, it was felt that it would be easier to negotiate with N S.S.S D, it being a much smaller body. It may not be completed by the time of the take-over, but it would be ordered in. r� � SPECIAL PUBLIC HEARING MEETING OF DECEMBER 8, 1969 PAGE 4 Mr. Nichols asked if access will be provided while the streets are under � construction. The City Engineer said that they will be torn up for about thre� months and every effort will be given to maintain a drivable surface. Sometimes the road has to be unavoidably blocked. A member o£ the audience livinq on Hickory Circle sa�d that there is another vacant lot 7ust north o£ the 1ot the line is proposed to go through and wondered if the line could not be put there to save the buildable lot the plan presently goes through, Mayor Kirkham said that this would be con- sidered, and it would depend on what the relocation does to the costs. The member of the audience then asked what wi11 happen to the land N 5.S,S.D condemns. The City Engineer said that as indicated, enough land will perhaps be left for a house, but if not, the N.S.S.S.D. will be responsible for sodding and maintaining it_ I-Ie said that he thought that there were some inherent problems in going through the vacant lot to the north. MOTION by Councilman Harris to close the informal public hearing on the street improvement on 69th Way and Hickory Drive and the N,S.S.S.D. con- struction. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the hearing closed at 8:30 P.M. DISCUSSION REGARDING REQUEST FOR A VARIANCE OF SIDEYARD SETBACK TO PERMIT CONSTRIICTION OF AN ATTACHED GARAGE AT 7699 BACON DRIVE N.E, (REQUEST BY SUSSEL COMPANY AND DON NELSON, OWNER): Mr. Donald Nelson and Mr. John Polymeros of Sussel Company were present. � Mr. Donald Nelson said that he has lived at 7699 Bacon Drive for 4 years and has been a resident of Fridley for 14 years. This garage that is being proposed has been planned for about 2 years, and pointed out that the survey is dated over one year ago He said that he would like to offer his layout and discuss any alternates, although the Board of Appeals had come to the conclusion that there were no alternates. If it were not placed where it is� it would have to exit onto Osborne Road. The Board o� Appeals felt that there would be too great of a traffic hazard caused by the necessity of backing a car out onto Osborne Road, He said that he has four children and would lzke to keep as much of his back yard as possible. He said that he realizes that the Council is concerned about the £uture sidewalks that may be installed in this area. He said that he had looked at the plans for widening Osborne Road between University Avenue and Central Avenue and rt looked like it would be widened by about 6'. This widening, in his opinion, would still a11ow room for a sidewalk and his garage. He said that he would be responsible for the removal of the snow from the side- wallcs, as it was his impression that this is the responsibility of the pro- perty owner anyhow, as it is in Minneapolis In Minneapolis he knew of no problems with abutting garages close to the sidewalks eYCept for the problem of snow removal, and this, he stated, would be his problem. He said that it is 7.65 £eet from the property line to the garage. Councilman Harris said that the question of visibility was brought up and Mr. Nelson replied that it would affect the approach to the corner, but � not at the stop sign, He said that h�s qarage would be 20 £eet, the minimum for a double garage. The City �ngineer said that the sidewalk would be 2� feet from the garage and if the garage is damaged from the plowing of snow, it would be the City's responsibility, and the City would be liable. The traffic on Osborne Road �� SPECIAL PUBLIC HEARING ME�TING OF DECEMBER 8, 1969 PAGE 5 � is going to increase and the necessity of the sidewalks will be greater. - The sidewalk would be on private property. Councilman Samuelson pointed out that the C�ty has been assisting in some cases in plowing the side- walks. A1r. Nelson said that he would intend to clean and maintain his own sidewalk. The small amount of curbing would minirnize the damage. He suggested that he install the sidewalk himself, it would be more expensive to do this, but he said that he would be willing. Councilman Samuelson explained that it has been the policy of the Council to ask for agreements for the sidewalks, for when they go through in the future. Couucilman Liebl asked if none of the neighbors ob7ected and P1r_ Nelson replied that was correct. Councilman Liebl asked what if the pro- perty was sold, would the other owner be bound to an agreement. The City Attorney suggested that the sidewalk agreement be made a part of the abstract and fa.led, then it would be binding. He suggested that Mr. Nelson dedicate a part of liis property for the sidewalks. If the City waives their require- ments, then he in turn should be willing to make a dedication for the side- walks. Councilman Harris suggested that the driveway to the garage be re-aligned and showed on the plan hoar he thought rt should be to prevent the drive- way from being so close to the corner. Mr. Nelson agreed to do this, and to bring in the new driveway configuration to the City Engineer for his � approval. The City Engineer said that he would check this when the building permit is applied for. Mayor Kirkham corranented that he felt that Mr. Nelson has been most cooperative. MOTTON by Councilman Harris to approve the variance to allow a double garage at 7699 Bacon Drive N.E. requested by Mr. Donald Nelson, subject to re-alignment of the driveway entrance and an easement dedicated to the City for the future sidewalks. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. The City Engineer asked Mr Nelson is he was the fee owner and Mr. Nelson said yes. DISCUSSION REGARDING IMPROVEMENT PLAN FOR CONNECTIONS TO N.S S.S.D. LINES: Councilman Harris explained that this was on the last Agenda when Mr. Comstock of Comstock and Davis, Inc., Consulting Engineers presented a plan for the ultimate in design so there would be no problems with the sana.tary sewer lines. The plan split the City into various service areas. Mr, Comstock then presented the detailed plans at the Council table, and explained the different service areas. Councilman Harris commented that he felt that the Council would be in a much better position in dealing with the N S.S.S.D. than waiting and trying to deal with the Metropolitan Sewex Board. It was felt that now is the time to proceed. This plan will be � presented at the N.S.S.S.D. Meeting tomorrow night, He said that he �elt that there should be concept approval while there is still an N.S.S.S.D __ These are the plans for Areas #1, �r5, #6, and #7. RESOLIITION '�207-1969 - RESOLUTION APPROVING PLANS AND SPECIPICATIONS FOR SANITARY SEWER CONNECTIONS TO NSS5D LINES• �2 SPECIAL PGBLIC HEARING MEETING OF DECEMBER 8, 1969 PAGE 6 MOTION by Councilman Harris to adopt Resolution #207-1969, and to instruct � the City Manager to gather the necessary information �ogether and present to the N.S.S.S.D tomorraw for their meeting December 9, 1969. Seconded by Counczlman Samuelson. Upon a vozce vote, all voting aye, Mayor ICtrkham declared the motion carried. RESOLUTION #208-1969 - RE50LUTION RELATIVE TO ADDITIONAL HOOKUPS TO THE NORTH SUBURBAN SANITARY SEWER DISTRICT SYSTEM MOTION by Councilman Aarris to adopt Resolution #2D8-1969. The motion was seconded and upon a voice vote, all vot�ng aye, Mayor Kirkham declared the motion carried. (The resolutions are to appear in the Agenda December 15, 1969) Councilman Harris said that the N.S.S.S.D, hearing was scheduled for the 23rd of December at the Blaine City Hall regarding the service to Brooklyn Center and the Maple Grove area. The member communities have the first right to request additional capacity, and he felt that the City Manager, the City Engineer and the City Attorney shouid be present at the P4eeting to look after Fridley's interests. MOTION by Councilman Samuelson to instruct the City Manager, the City Engineer and the Crty Attorney to attend the N.5.S.S.D. hearing-December 23, 1969. Seconded by Councilman Harris. Upon a voice vote, all vot�ng � aye, Mayor Kirkham declared the motion carried. CONSIDERATION OF AUTHORIZATION OF VILLAGE OF HILLTOP FIRE PROTECTION CONTRACT: Mayor Kirkham said that he agreed with the proposal. Councilman Liebl asked if the 90 day cancellation clause was included and the City Attorney replied yes. MOTION by Councilman S�nuelson to concur, and authorize the City Managex and Mayor Kirkham signing the contract. 5econded by Councilman Liebl. Upon a voice vote, al1 voting aye, Mayor Kirkham declared the motion carrLed. COMMUNICATION5: A MAPLE LANES ON SALE LIOUOR LICENSE MOTION by Councilman Harris to receive the communication from Maple Lanes dated November 28, 1969. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Xirkham declared the mation carried. B, ANOKA COUNTY DFL PARTY. REQU�ST FOR USF OF COUNCIL CHAMBERS FEBRUARY 10� 1969: MOTION by Councilman Harris to receive the commumcation from the Anoka County DFL Party signed by Stanley N. Thorup, Chairman, dated December 5, � 1969, and authorize settinq that date aside for their use of the Council Chambers. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. � � i SPECIAL PUBLIC HEARSSSG MEETSNG OF DECEMBER 8, 1969 PAG� 7 REQUEST FOR FOOTTNG PERMIT, ROGER LARSON LOT 9, BLOCK 2, COP4MERCE PARK= The City Engineer explained that the Building Standards - Design Control Subcommittee approve of this request and Mr, Larson is anxious to start work before the £rost goes down. He has his gradinq completed and is a11 ready to start. The building will be the same as the auto body shop building. The additional off stseet parking areas axe added. Fie then showed the plans at the Council table. He said that he would recommend concurring with the Building Board and issue the foundation permit sub7ect to the stipulations. He wi11 sti11 have to come back in for a fu11 permit MOTION by Councilman Aarris to approve the foundation permit for Rogex Larson. Seconded by Councilman Liebl_ Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. ADJOURNMENT: MOTION by Councilman Harris to ad7ourn the Meetang. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the Special Public Hearing Meeting closed at 9:20 P.M. Respectfully submitted� � ��,j���I,��,� � J�el Mercer Secretary to the City Counca.l _�%��- -k �. „ � Jack O. � Mayor ,- ���_ ��i�r- �. Kirkham ��