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03/09/1970 - 00018980��� THE MINUTES OF THE SPECIAZ PUBLIC HEARING NiEETING OF MARCH 9� 1970 Mayor Kirkham called the Special Public Hearing Meeting of March 9, 1970 to order at 7:37 P.M. PLEDGE OF ALLEGIANC�: Mayor Kirkham requested the audience to stand and join the Council in reciting the Pledge of A1legiance to the Flag. ROLL CALL: MEMSERS PRESENT• Sheridan, Kirkham, Liebl, Harxis, Breider MEMBERS ABSENT: None ADOPTION OF AG�NDA� Mayor Kirkham stated that there was one item to add; 4. Consideration of Well Drilling License for Clarence Zuercher MOTION by Councilman Sheridan to adopt the Agenda as amended. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declaxed the motion carried unanimously. INFORMAL PUBLIC HEARING BEFORE THE CITY COUNCIL REGARDING THE IMPROVEMENT OF LAKESIDE ROAD FROM 75TH AVENUE TO OSBORNE ROAD: The Czty Engineer ez;plained that the City Council held a Public Hearing for the improvement of this street last year. When the survey work was done, it was found that approximately 40% of the assessable footage was tax forfeit. There are also some subsoil problems with this street and some storm sewer work that needs to be done, making the estimate for the complete improvement of the street $17.68 per foot For a 120 foot lot the assessment would then be over $2000. There is a road pattern proposed both for the east and west side of these lots, as these lots are 120 feet in width and a normal lot is 75 feet. These lots could be bought, then split into buildable size lots. Iie showed on the screen those lots that were tax forfeit for the benefit of the audience. He said that as a rule a complete street with curbing is not put in until the water and sewer services are zn. In this case it is not known where the development would be and where the services would be needed. This is why the proposal of a staged construction is brought to the attention of the people at this time The thought was that the addition of a large assessment on the tax forfeit lots would further impede development of the una.mproved lots, so the question to be resolved a.s whether to install the curbing at this time, or in 3 or 4 years after the property develops and the service locata.ons would be established. Mr. Charles Cornell, 7525 Lakeside Road asked if this decision is suddenly being made because the City would have to stand some of the cost. The City Engineer said that the deciszon has not been made yet, but no, the City would not stand any of the cost, it would be all assessable. Mr. Cornell LJ � � ��� SPECIAL PUBLIC HEARING MEETING OF MARCFI 9, 1970 PAGE 2 � said that there was a low spot at about 7550 Lakeside Road and asked if that would be fixed. The City Engineer said yes, the proposal is for everything but the curbing. This would cut the cost to about $12 per foot. Mr. Cornell said that in a few years from now, it would be even more expensive and he was in favor of the whole improvement. NLr. Leo Heyne, 7550 Lakeside Road, said that last year the cost was $13 per foot and asked what happened to that figure. The City Engineer said that the price given for Lakeside Road last year at the Public Hearing was $17.68 The $13 may have been an average �or the �ro�ect, but each street is bid separately wrthin the pro7ect, and each street has a d�fferent price. In the case of Lakeside Road, there are some subsoil and drainage problems which makes the cost higher. He said if the people want the whole improvement, it can be done, this was 7ust brought out to give them a second chance. Mr. Dan Fish, 7501 Lakeside Road, asked if the whole pro7ect could be stopped. He said that last year letters were sent out stating that if no reply was received by the City, it would be assumed that the residents were in favor of the proposal, and there were no ob7ections. The City Engineer said that the plans and specifications have already been drawn and the project being bid It will be awarded very soon. Councilman Sheridan said that this was brought to the attention of the Council last week and he appreciated the thought being given. He explained again � that the improvement will be as the residents wish, but the Council wanted to point out to them that it was felt by the Council that the additional assess- ments could be a deterrent to the development of the undeveloped lots in their area. If the residents agreed with the Council, then the construction could be staged and the curbing done later, if not, the whole paakage can be done now. Mr. Fish said that if staged, it would ultimately cost more. Council- man Sheridan said that this is probably true. Mr. Lawrence Nichols, 7513 Lakeside Road, asked if the street would have to be dug up to put in the curbing. The City Engineer said no, there would be no need to tear up the street. The curbing would be put in and a leveling mat would be put on, which would extend the life of the street, and it would again be a new street. Mr. Nichols said that then they would have to pay again, so why not pay the $17.68 now. Mayor Kirkham told him that this was fine with the Council if that is what the residents wished. Mr. Fish asked why not do �ust to the low spot Councilman Harris said that the cost of going back and doing a partial street has proven to be very costly He pointed out that the assessment per lot would remain unchanged whether the lots are developed or not. He said that this is strictly up to the residents, it is their street and they are paying for it. It was felt that it was the Council's responsibility to tell them of the alternate plan. Mr, Fish wondered why his assessment £or 75th Avenue was so much less and Councilman Harris explained to him that he was considered side yard in that instance. The City Engineer explained that all items of work have a separate unit bid price, and whatever the bid comes in at, will be assessed for the work done �, on Lakeside. Councilman Harris added that the estimate given at the Public Hearing was based on past experience and hopefully the bid wi11 come in 1ess, depending on how competrtive the bidding is. A member of the audience asked why not consider blacktop curbing. Mayor Kirkham said that the Council adopted a policy of using concrete curbing as it lasts longer, and the City's experience with blacktop curbing has not been �ri� SPECIAL PUBLIC HEARING MEETING OF MARCH 9� 1970 good. Councilman Harris added that concrete curbing also protects the street better, PAGE 3 Councilman Liebl said that the estimated $12 per foot would include storm sewer work, however, he asked the City Engineer if he could guarantee that the water problems would be taken care of without the curbing. He felt that there would be deterioration along the edges of the street without the pro- tection of the curbing, especially as the street has a bad base. The City Engineer said that the street would be built with extra strength along the outside edges of the street. Councilman Liebl said that one winter of snow- plowing would take out the edge of the street, Mayor Kirkham asked for a show of hands of those in favor of the whole package and three raised their hands. He then asked for a raise of hands of those in favor of the staged construction with no one raising their hands. MOTION by Councilman Harris to close the informal Public Aearing on the improvement of Lakeside Road from 75th Avenue to Osborne Road. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the rnotion carried unanimously. CONSIDERATION OF FINAL PLAT (P.S. #69-12)� SHOREWOOD PLAZA� BY WYMAN SMITH: (SALITERMAN) AND CONSIDERATION OF VACATION OF A PUBLIC DRAINAGE EASEMENT (SAV #70^02) BY MAX SALITERN�N: The Crty Engineer said that he understood that the petitioner could not be present tonight, however, as there were some people interested in this item, he showed the plat on the easel and explained that the petitioner is platting to divide up the land into smaller lots for ease of handling descriptions. There is no change in zoning. Mr. Mrtchell Gwiazdon, 6350 Pierce Street, asked what the City is planning to put in there. Mayor Kirkham said that this is not City property, and he did not know what the developer planned. Mr. Gwiazdon asked what about all the dirt he has been moving. The City Engineer said that the City cannot tell him what to do_ He said that he obviously is in the process of doing some development, which is his right. The zoning is commercial, except for a small portion of Planned Development. A member of the audience asked what Planned Development is and the Crty Engineer said that this means that the Council has to approve any type of building in this area. The member of the audience then said that he has dug very deeply 7ust next to the Planned Development area. Mayor Kirkham said that the City has no control over the grading he do�s, as long as he meets the Code in the Planned Development parcel at the time he brings his plans in. Councilman Harris explained the Planned Development procedure, and said that there will be a Public Hearinq then too and this is the time to come before the Council and voice your opinions on the development. This hearing is 7ust for the platting. He then explained the platting prodecure. Mr. Garry Pierce, 6132 Central Avenue N.E., said that he has Lot 5 next to the Planned Development area and they took a corner off very close to his property when they were grading. There was a 10' to 15' drop straight down. He would � � � -n� �� SPECIAL PUBLIC HEARING MEETING DF MARCH 9, 1970 PAGE 4 � like someone to talk to them about this. He said that last fall they said it would be graded at an angle so there would be no sharp drops. He said that the Engineering Assistant came out to his property and marked out his property. When he came home from work one day, he found that the marker had been moved and the bulldozer had taken a corner off very close to his yard. He said that he would like this in the form of a formal complaint. Councilman Harxis said that if anything is done to his property to it's detriment, to contact the Engineering Department and they will do the best they can to get them to comply. A member o£ the audience said that he thought that dirt had been taken off of the Planned Development parcel. The City Engineer said that dirt can be taken out, there is no control under Planned Development on the preliminary grading, only when the plans come before the Council. Councilman Harris added that at that time the Council could stipulate that a structure would not be approved at that elevation and it would have to be brought back up. Councilman Sheridan said that he thought that it was cut down to about street level, and a member of the audience agreed. Councilman Liebl suggested to the people interested in �ust what Planned Development entailed� stop at the City Hall and get a copy of the Ordinance. Councilman Harris told the audience that this plat wi11 not go through until the petitioner has been heard. Mayor Kirkham added that at that tune perhaps the people can qet their answers as to what is being planned. � MOTION by Councilman Liebl to continue the Public fIearing on the preluninary plat proposed by Max Saliterman and the vacation of a public drainage ease- � ment to the Meeting of April 13, 1970. Seconded by Councilman Sheridan Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously CONSIDERATION OF VACATION OF A PORTION OF MARSHALL STR�ET AND 43RD AVENUE (SAV #70-01) BY THE CITY OF MINNEAPOLIS, GENERALLY LOCATED WEST OF EAST RIVER RDAD BETWEEN 39TH AVENUE AND 43RD AVENUE� AND CONSIDERATION OF SECOND READING OF AN ORDSNANCE TO VACATE MARSHALL STR�ET: (N.S.S.S D.) MOTION by Councilman Harris to waive the reading o£ the Public Hearing notices as Uoth vacations had been petitioned for. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. The City Engineer said that the first vacation is for Marshall Street and 43rd Avenue ad�acent to East River Road, down to where it comes into East River Road, the second vacation is for the portion o£ Marshall Street south of there requested by N.S.S.S.D. �I Mr. Raymond H. Hegna, City of Minneapolis Waterworks, said that the Planning Commission recommended approval of their request. This is all within pro� perty owned by Minneapolis Watexworks, This road is not used by anyone else except the Waterworks to get to the water plant. The City Engineer asked if it was not true that there were no uta.lities in this portion except thetr own ��� SPECIAL PUBLIC HEARING MEETING OF MARCH 9, 1970 PAGE 5 pipe lines and Mr. Hegna confirmed this. Mr. Bruce Corlett, Minneapolis � Waterworks, added that they had �ust purchased Lot 30 which consolidates this whole parcel of land under their ownership. He said that would like this vacation approved and then it would be fenced to the public. Councilman Harris said that the Council felt that the two vacations must be taken care of concurrently, and should be completed at the same time. There has already been a first reading on the Ordinance for the vacation requested by N.S.S.S.D. Mr. Hegna said that he would like the N.S.S.S.D. vacation held in abeyance until the fate of the N.S.S.S.D. proposed sewer plant is determined. He explained that the City of Minneapolis sti11 uses that roadway to get to their sludge beds. He felt that for this reason, they should be considered individually. I-Ie pointed out that this request was also made last year. There must be some easements given to the City of Minneapolis to protect their utilities in that portion of the road, If the sewer plant does go in there, the utilities may have to be relocated, for this reason the easement is a necessity. Councilman Harris said that the City of Fridley's Ordinance takes into consideration the retention of all utility easements and provides protection. Utility easements are not vacated. He pointed out that the City of Minneapolis has been in violatien with the City of Fridley since they started hauling as there are no tail gates and sludge gets dumped on the street Mr. Hegna pointed out that the street has been maintained by the � City of Minneapolis, and they are the only ones that use it. He said that the Ordinance refers to the City of Fridley retaining the easement, and he would like to make sure that the City of Minneapolis is granted the easement. Councilman Harris said that if a street right of way is vacated, but a utility easement is retained, this means that no structure may be placed upon that easement. If a petitioner should request construction over an easement, he then rnust pay the cost of the relocation of the utilities. Mr. William Soth, 2400 lst National Bank, of the Dorsey Law Office, said that the procedure here is not entirely proper. The City of Fridley is retaining an easement, but the fee title is owned by the N,S.S.S.D. Any easement granted to Nlinneapolis should rightfully emanate from the District. Council- man Harris said that if the City vacates a street and there are pipes in that street, they are protected by that Ordinance, There is no structure allowed on that easement. Mr. Soth said that he did not believe that it was proper to retain an easement when vacating a street. The City Attorney said that he had discussed this matter with Minneapolis and the District and Mr. Soth's position is proper. The Attorney General has stated that a City cannot vacate a street right of way and retain a utility easement. The entire street right of way should be vacated and made subject to receipt of a utility ease- ment_ This is merely a different way of doing the same thing. It can be resolved in that manner. Councilman Harris asked if it was not correct that the sewer line is privately owned and when property to the north develops, it will not connect � onto this line, and Mr. Corlett said that this was correct. The City Attorney said that if there is to be a vacation, as long as there are pipes in the ground and there is an existing street easement, that the fee owner will have to grant an easement either to the City of Fridley or to the City of Minneapolis, otherwise, he did not feel that the Council could make a C,7rK �_ �� e SPECIAL PUBLIC HEARING MEETING OF MARCI-I 9, 197D PAGS 6 � finding that the easement is no longer needed as long as utilities are being used at this time. Councilman Harris asked if the Council could vacate, with an easement fxom the District to the City within a right of way reserved for this. Mr Hegna said that the easement would follow the right of way. He said that in Minneapola.s, they vacate with no strings attached, but do not let rt go into effect until the easements are in their possission. He said that he did not believe that the south portion should be vacated until it is determined what will happen with the sewer plant, but if the Council chooses to do so, he would suggest that they do as the City Attorney indicated, that it not go into effect until the City of Minneapolis gets a utility easement. Councilman Liebl asked if accoxding to the Ordinance, the City has the right to vacate the street, but not the right to vacate the utility easement. The City Attorney said that the Council would have to make a finding that there is no longer a need, and he did not think they could make this finding in this case tha� the easement is not needed. Councilman Liebl asked if the sewer plant were to be built in there, would they be protected. The Crty Attorney said that if the plant is built and the utilities have to be relocated, then the Sewer Board would have to stand the cost of the relocation. Councilman Harris asked who should get the easement, the City of Fridley or Minneapolis_ The City Attorney said that as long as it serves Minneapolis, it should be given to them. Councilman Sheridan said that throughout this discussion the City of � Minneapolis has contended that they want the north portion vacated so they can fence it and make rt a private driveway and keep the public off, yet they want the south portion public so that they can use it, but they are the only ones benefitting. He said that they could use East River Road like everyone else. Mr. Hegna saa.d that the south portion does serve a purpose and should not be vacated under that condition. Councilman Sheridan said that Minneapolis was asking for a private drive. Mr. Hegna said that if the Council were going to vacate irrespective of Minneapolis' wishes, then he asked that it be made sure that N.S.S.S.D. gives Minneapolis as easement. Mr. 5oth said that the street is not being used by anvone other than Minneapolis, it is not used as a public street in a proprietary sense. What they want is a private road. He could see no reason why it could no't be vacated. In regard to the water line easement, the District would provide the easement to Minneapolis or more the utility, if necessary. The development of the sewer plant is immaterial to the vacation of the street. The vacation could be determined right now on the basis of the information available. Provisions can be made for the easement for Minneapolis. Councilman Harris said that it would be silly to vacate part of the street, and not all. The Council is in agreement that it should be all, or none at all Mr. Hegna said that he did not see the connection between the two parcels. MOTION by Councilman Harris to close the Public Hearing on the vacation of Marshall Street and a portion of 43rd Avenue. Seconded by Councilman Liehl. � Upon a voice vote, all vota.ng aye, Mayor Kirkham delcared the Public I-Iearing closed at 8:45 P.M. The City Attorney asked Mr. I3egna for an explanation of the easement requested as shown on Page 9 of the Council Agenda. Mr. Hegna said that they have a water main and sewer line in 43rd Avenue to Main Street, then along Main 5treet. They would like to have something on record that there is an easement ��� SPECIAL PUBLIC HEARING MEETING OF MARCH 9, 1970 PAGE 7 in existance. This was put in very long ago and there is no record of it. It would merely legalize the fact that there is water and sewer in the streets, and is an attempt to rectify the situatzon. This is wholly inde- pendent o£ the vacation request. The City Attorney said that he could see nothing wrong with giving the document, but unless the City were the fee owner, it would be of little value It was pointed out that both 43rd Avenue and Main Street are county roads. Mr. Corlett added that they had been workinq on their records of their underground utilities for about the last five years, trying to rectify mistakes made many years ago when there were not even easements in existance. All the utilities should be on record so that someone such as the Gas Company can see where all the utilities are located. Mayor Kirkham said that he would like to see that they got the proper document, but he thought that it would have to come from the County. Councilman Harris told the audience that the Council does not act on items at the Public Hearing Meeting, and asked that the Administration research what the proper approach would be to giving the requested document, to be ready for the Meeting of March 16th. Mr. Hegna said that they had one prepared. The Crty Engineer asked if the proposed overpass by Northern Pacific would have any effect. Mr. Corlett said that he had discussed this with them, and this is another example of an unrecorded installation, installed very long ago. It was agreed by the Council that this should be researched and the proper document be brought back for the Council Meeting of March 16, 1970. LICENSE Well Drilling Approved By Clarence Zuercher 1949 Arcade Street St. Paul, Minn, By Clarence Zuercher Plumbing Inspector MOTION by Councilman Harris to grant the license to Clarence Zuercher. Seconded by Councilman Sheridan, Upon a voice vote� all voting aye, Mayor Kirkham declared the motion carried unanunously. ADJOURNP'1ENT • There being no further business, Mayor Kirkham declared the Special Public Hearing Meeting of March 9, 1970 ad�ourned at 9:03 P.M. Respectfully submitted, �G�, ✓/�+��.�✓ Juel Mercer Secretary to the Crty Council n '�� ,l�G� � ��l�ti., r �.�� G I.�.�/ ack O. Kirkham � Mayor � � �