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06/09/1975 - 00015238�" � ri � THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRI�LEY CITY COUNCIL OF JUNE 9, 1975 The Pu61ic Hearing Meeting of the Fridley City Council of June 9, 1975 was called to order at 7:32 P.M. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee said the Council would like those present to join them in saying the Pledge of Allegiance to the Flag. RDLL CALL. P1EPIBERS PRESENT MEMBERS ABSENT A�OPTION OF AGENDA. Mayor Nee, Councilwoman Kukowski, Councilman Breider, Councilman Starwalt, and Councilman Fitzpatrick. iVone. � Mayor Nee listed the following item to be added• An application for an auction permit submitted by Chuck Lillegren for Plywood Minnesota, a communication from General Television concerning the telecasting of the Council meetings during the summer months, and a request for for the re-routing for the 49er's Day Parade. MOTIOPJ by Councilwoman Kukowski to adopt the agenda with the previously mentioned additions. Seconded by Councilman Starwait. Upon a voice vote, ali voting aye, Mayor hJee declared the motion carried unanimously. PU[�LIC HEARIPJGS: PUBLIC HEARING ON VACATION REOUEST SAV #75-03. PIACHINING. INC.. TO VACATFALLEY GENERALLY The Public Works Director explained the request to vacate the alley in Block 5, Sprina , Brook Park Addition between Ashton and the Railroad tracks and between Li6erty and LongfelTow. He said ihe applicant has two bu9ldings on adjacent property and would like to construct an additior},to �oint the buildings, He pointed out the area being considered on Page 1-F of the Council agenda. The Public Works Director pointed out at the Planning Commission Meeting of May 21, 1975, the Commission recommended approval of the request with several stipulations. He read the suggested stipulations which appeared on page 1-D of the Council agenda book. He said the City had received correspondance from NSP and PJorthwestern Bell and they have no ob,7ections to the vacation if the removal or relocatzon cast of the lines is reTmbursed. The Public Works Director read the fourth stipulation dealing with the approval of the rema�nder of the area residents and asked if Mr. Schaul was present at the meeting. There was no response. Mr. William Super, 190 Liberty Street N. E., addressed the Council and commented that he would also like to have the alley vacated. He said the area is planted with lawns and no one uses the area as an alley. The Pu61ic Works Director said most of the abutting property owners are using this area for lawns. He indicated the only one who uses the alley for access is iQachining Inc for access to their ex�sting building. The Public Works Direc+.or sa�'d the staff would like to get rtd of any umimproved alleys or stub streets. Mayor Nee asked if anyone P,lse would like to be heard or� t`�is question. There was no response. He asked �f any member of the Council had any�questions. Mayor Nee questioned the matter of the crossing for access for Mr. Hayes. He asked if this question had been , resolved The Public Works Director said at this time, the a9reement is only verbal. He said if the addition would be constructed in this area, there is the possibility that this would block off the access. He said Mr. Hayes has two entrances at the present time and if the addition is constructed, it would block off one of these entrances, the Longfellow access. Mayor Nee asked if this would be a lawful cross�ng. The PLiblic Works Director said it has been used for a number of years. He�said what seems to be the alley in this area, or seems to be rtght of Way is Machim�r�! Inc property He indicated Machining, Inc. would be willing to sign an agreement for continued use, but they would want to control the property. Mayor� Nee said this consid, eration should not affect this question The Public Works Director agreed and said this would be two separate questions. He said the Council should be aware of the other problem. CouncTlman Fitzpatrick said it seemed to him that one stipulation of the Plannin� Comm7ssion has not been satisfied. He said this would be the approval or consent for the vacation `�`�� PUBLIC HEARING MEETING OF JUNE 9, 1975 PAGE 2 of the entire alley. He questioned if the Council should take action to vacate the alley or only that portion abutting the Machining, Inc. property. The Public Works Director explained that when the applicant had appl�ed for the vacation of the alley, they first requested it only for their portionlof the alley and the staff recommended that the entire alley be vacated. He sa�d if Mr Schaul was not present, they could not determine if he had contacted the remainder of the property owners � Councilman Fitzpatrick asked if it would be possible to only take action on the Machining portion of the alley until the people of the area request the entire alley be vacated. The Public Works Director indicated the City would like to have the entire alley vacated at this time if possible. Councilman Fitzpatrick said the Council was not aware that this stipulation has been complied with. The Public Works Director agreed with this statement Mr. Super addressed the Council and said the entire area had received notice of the vacation ofthe entire alley. Councilman Fitzpatrick said the consent of the property owners must be obtained. Mayor Nee asked how many houses are on hoth sides of the alley He guessed this may involve six people. The Public Works Director referred to ihe map on Page 1-F of the agenda and said there are eight homes. He also pointed out the vacant lots on the block to be Lots 41 and 42, and Lots 35 and 40. He said at the most this would be eight property owners. P1r. Super said three of the homes on the street are new and not sold at this time. Mayor Nee said he thought it would be fairly safe to go ahead w2th the vacation of the entire alley. The Public Worls Director said the Council would have to close the Public Hearing at the present time and the Ordinance for first reading on the vacation of the alley would be brought back to the Coucnil at the next regular meeting. He said the staff could check into the stipulation concerning the approval of the ad,7oining property owner and furnish the Council with this information at the time of the f�rst reading. �MOTION by Coucm lman Fitzpatrick to clese the Publ�c Hearing. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the inotion carr7ed unam mously and the Public Hearing on the vacation request by �9achin�ng, Inc. closed at 7 43 P.M. PUBLIC HEARING ON VACATION REQUEST SAU #75-01, NORTFI SUBURBAN HOSPITAL �ISTRICT, TO VACATE The Public Works Director said this request had been institutec! �n cooperat9on with the North Suburban HospiYal District and the City of Fridley and was a part of the original lease agreement. The Public Works Director said the Plann�ng Commission recommended approval of the vacatim of the street with two stipulations. He read them as follows: 1. The North Suburban Hospital �istrict bear the cost of the completion of the curb along 5th Street N. E. and 2. The vacated roadway be improved with top soil ar�d seeded to provide ground cover. He sai'd the first stipulat�on was suggested so the property owner would not bear the cost. The Public Works Director questioned if the Hosp�tal District should have to bear the entire cost and suggested that some of the cost be taken care of by the City. He said this work could be done at the same time that the parking lot is installed and this would reduce the costs. The Public Works Director also pointed out that there was also concern about the property owner 6eing assessed at a htgher rate due to the vacation of the street and increase area of his property. Mayor Nee said he agreed w�th the statement concerning the costs of the curb�ng. The �Public Works Director said the original agreement stated that this wa� to be accomplished on a cooperative basis. He suggested an additional sttpulation that the City maintain easement in thts area. Councilman Breider questioned how much the City of Fridley was paying for the lease of the property. The Public Works Director said there had 6een no exchange of money He said the City of Fridley was to process the vacatton of the street and would pay no assessments agatnst the area leased. He said there had been no money exchanged Councilman 8reider asked the cost of the installation of the curbinq. The Public Works Director said this would be 80 feet and would run from $300 to $400. Councilman Bre7der said the City was talking about spendtng $200 to $300 for an eight year lease, He indicated he d�d ne�t feel that this would be too bad a deal. There was some discussion concerning the addition of the vacated port�on of property and that this would be added to the property owners parcel. The Publtc Works D�rector �`�4� Lt l PUBLIC HEARING MEETING OF JU�IE 9, 1975 PAGE 3 said thts would not increase the property to allow for two buildable lots. He said it would add about $25 to the taxes to be paid per year. Mayor Nee asked if the property owner was present at the meeting. The Public Works Director asked if Mr. Gabriel was present and there was no response. Councilman Breider said he favored the vacation`f the street to conftne the traffic to and from the Hospital to Osborne Road. He said there had always been concern that there would be additional traffic on 5th Street and this would alleviate this concern MOTION by Councilman Breider to close the Pu61ic Hearing. Seconded by Councilman Starwalt. Upona voice vote, all voting aye, Mayor Nee declared the motion carried unanimous7y and the Pub7ic Hear�ng on the vacation of the street by the North Suburban Hospital District closed at 7:55 P.M. PUBLIC HEARING � L'1'1 The Public Works Director explained the area where the request had been made and said this would 6ring the existing use of the property into compliance with the zoning code. He explained the existing use to be a tavern and at the present time this is not allowed in the C-1 zomng. ' Mr. Mark Haggerty, Attorney for Mr. Poulitzki, addressed the Council and explained that he had been before the Council before and had attended two meetings concerning this item at the Planning Commission. He said there had been a very detailed discussion at the f��rst meeting of the Plann�ng Commission and at the second meeting, the Planning Commission had recommended approval of the request for rezonina. Mr. HagSerty said he would briefly list the reasons that this request should be granted and said the property has always been used as a liquor establishment. He recalled in 1949, it was an on and off-sale liquor store and after this, the property was rezoned to C-1. He further mentioend that the City of Fridley used this for�a l�quor establishment until 1957. He mentioned he felt the rezoning had been done by mistake because at the time ' the City was using the facility as a liquor establishm�nt. He said now, 20 years later, this zoning is causir�r problems Mr. Haggerty commented that Mr. Povlttzki had requested a liquor license and besides allowing for the present use to conform to the zoning codes, it would also allow the issuance of the l�quor license for this location. He said this would allow Mr. Povlitzki to not take a loss on his investment and also �he i^v�stm�nt for the property. He said this would allow for approval of the liquor license at this location. Mr. Ha9gerty explained that Mr. Povlitzki was not able to attend the meeting, but he would answer any of the Council questions The Public Works Director corrrnented that the of the rezoning with some stiptilations. Mr. parking be provided and the landscaping and Standards Design Control Su6committee. P7ann�ng Commission had recommended approval Sobiech read the stipulations that adequate lighting plan be reviewed by the Building Councilman Starwalt said this consideration had no bearinq on whether or not the liquor license would be granted. Coucm lman Starwalt said he held the liquor as a separate matter from the rezoning Mr. Nagyerty said yes, they were two separate requests. Counctlman Starwalt asked what would happen to the piece of property to the east, would this split the zoning on a parcel. The Public Works Director said this property had 6een split when the area was platted and Mr. Povlitzki had only requested the rezoning on his parcel of property. Councilman Starwalt said this action would not effect the rezoning on thts parcel and the Publ�c Works Director said not at th�s time. He said this would ' have to be done separately by another property owner. P1a�ror Nee asked what the purpose would be of the C-1 zoning. The Publtc Works Director said this would be for a local type business activity. Couneilwoman Kukowski asked what the vacant lot would be zoned and the Public Works Director sa�d this is C-1 also. Ma;er Plee said this is Lots 17 and 19. Mayor Nee said this rezoning would make one corner of the block C-2. The Public i!orks Director said yes. Councilman 6reider said there was a printing firm thinking about buying this corner, would this be allowable in this zoning. The Public 4�'orks Director said a small business would fit in C-1S. The City Manager asked �f the parcel of property would meet the minimum requirements for frontage and area The Public Works Director sai� yes, therequirements for C�1 and C�2 are the �ame. The City Manager asked if the property is 25,000 square feet and the Public Works Director said yes. PUBLIC HEARING MEETING OF JUNE 9, 1975 PAGE 4 �4� U LY l� Mayor Nee asked if anyone e]se had any quest�ons or comments and there was no response from the audience. Counc�lman Starwalt asked if the parking situation had been reviewed. The Public Works Director referred to the area in front of the building and said it would be stripped and the area in the back of the building would be 61ack topped and stripped to provide additional parking. He said according to the Planning Commission minutes, they are planning a seating capacity of 270 and thts would require 9D stalls accord�ng to the City �Code. He said they would be able to get up to 60 or 64 with the current pattern He said they would have to acquire some additional parking area Mr. Haggerty addressed the Council and asitl he had talked to Mr. Povlitzk� about this situation and he agreed to either acquire, lease or rent additional property for parking and if this is not possible the seating capacity would be reduced. Mr. Haggerty said Mr. Povlitzki is willing to do anything to meet the standards and requirements of the City. He said the applicant had no objections to the requirement that off-street parking must be provided. Mayor Nee ,3sked the Council to consider what other types of uses would 6e allowed in this area if it were rezoned to C-2. MOTION by Councilman Starwalt to close the Public Hearing Seconded by Councilwoman Kukowski. Upon a voice vote, all voting voting aye, Mayor Nee declared the public hearing on the rezoning request 6y Mr. Richard Povlitzki closed at 8:18 P M PUBLIC HEARING ON BIKE�JAY/WALKWAY PLAN FOR THE CITY OF FRI�LEY: The Pu61ic Works Director said Mr. Jerry Boardman, Planning Assistant would make the presentation onthe Bikeway/Walkway plan. He explained t�e members of the Citizens Bikeway/Walkway Co�rnm ttee were present to discuss the plan. The City Manager said before the presentat7on for the Plan began, he would like to call �the Council's attention to the number of commum cations received b,y the City concer m ng ihe Bikeway/Walkway Plan. He recommended that these communications be received into the testimony. Mr. Boardman explained that the staff had sent the Bikeway/Walkway Plan to approximately 40 service and civic organizations, other communities and County and State agencies and also to the Metro Authorities. He listed the organizations that had responded to the request to comment on the plan. MOTION by Councilman FTtzpatrick to receive t�e communlcation from the following: Rotary Cluh, Walter Miller, dated May 14, 1975, Fridlcy DFL Club, Mr. �enm s Schne7der, dated June 2, 1975; Fridley United Methodist Church, ,lim McChesney, Pastor, dated April 17, 1975; State of Minnesota Wayne Simoneau, Representative, dated April 28, 1975; Fridley Women's Club, Virginia Heffner, President, dated May 3, 1975; Parkview Elementary School, Lee Switzer Principal, dated May 6, 1975; Columbia Heights Publ�c Schools, Richard K, Harris, Supervisor, Cormnunity and Professional Services, dated P1ay 5, 1975, Fridley Chamber of Comnerce, Mr. Edwarc; H, Dunn, Jr., P1anager, dated May 7, 1975, Mr, Vern Moen, Chairman of the Frldtey Bikeway Committee, addressed i.o Mr. Edward Dunn, Fridley Chamber of Cormierce and dated May 15, 1975; and the Fridley League of Women Voters, Mrs. Jean Schell, President and dated May 13, 1975; Anoka County Highway Department, Paul K Ruud, Anoka County Highway Engineer, dated May 27, 1975; and Kiwanis Club of Columbia Heights and Fridley, June 9, 1975; and Fridley Lions, Mr. 6urt Ellis, President, June 9, 1975 (the last two corr¢nunications were reports of telephone conversattons between the two parties and Mr. Boardman.) Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, 'Mr. Boardman commented on the background of the plan by explaining the make up of the citizen's committee which had been selected for active citizen participation in the plan from nine area neighborhoods in the City and 'ne pointed out these divisions on the map on the screen. He explained that the staff worked very closely w�th the citizen°s committee in the formulation of the plan. Mr. Boardman listed the members of the Bikeway/ Walkway Comm ttee and pointed out the areas that they served in the discussions nn the plan. Mr. Boardman said one of the ma,7or goals of the plan is to establ�sh a high level of pedestrian k%ike and walking safety. He said this would irvolve safety education and review of the present ordinances with modification and changes necessary to br�nc the ordinances to the standards necessary. He said another goal was establishing accessibility to all areas of theCity. He explained that in the City, there is a high level of traffic ancl 5arriers created by the ma�or �. �?� � PU6LIC HEARING MEETING OF JUNE 9, 1975 PAGE 5 highways, etc. He said they had also tried to establish cooperation from other governmental bodies and surrounding communities in proposing the accessib�lity. Another goa] of the corrnnittee was to establ7sh routes for recreational purposes to link the various parks in the City so anyone in the City could use any one of its parks in any location. He said they had discussed the short distance recreational uses along with the long distant transportational uses. Environmental concerns were also a goal of the commiitee as pointed out by Mr. Boardman. ' He said they had tried to establish some flexibility in the system so if needed, there cou7d be changes made, He mentioned that with cont�nued development factors such as air and water pollution, noise and many other factors lend to the consideration of this proposal. Mr. Boardman continued to point out that citizen awareness was essential in the entire planning process. Ne said the Committee felt it very Tmportant to find out how the individual neighborhoods felt about the plan. He said he thought this was accompl�shed and changes had been made where necessary to satisfy the communities involved. Mr. Boardman continued to explain the use of the c�tizen survey in establishing facts and figures studied by the comm ttee. He said the survey was taken from a TO% sampling of the City with results being o6tained from 6% of the City Hesaid 28 people had hand delivered the survey forms and also picked them up upon completior�. He pointed out the names of the 28 people appr�y,ed in the plan information. Mr. Boardman said the survey indicated there �s 62,5% ownership of bikes in the Ciiy of 32,532 which would mean that there are close to 20,000 bikes in the City of Fridle,�,�. He said the ma,7ority of the bikes are c�lned by persons ranging �n age from s�x to fifteen years of age and the age group from 26 to 60 also showed a high percentage of ownership. He said th�spointed out that many adults are getting out and using bikes. He said the survey pointed out that there are approximately 54,000 trips taken hy 6ike �n the City of Fr�dley per week with a total of 200,000 miles each week. ' Mr. Boardman explained the various methods of creation of the proposed bikeways to be paths, 7anes and routes. He said the path system would be the most expensive type of system with the route consisting of inearly signing of a designated area. He explained the various types of systems by use of a illustration on the overhead screen. He further expl«�ned where the various types of constructions and routes would be used according to the proposal. He said the implementation of theplan is propored for a five state system with the main reason for this being cost. He said certain stages of the plan would be more important at the present ttme. He said with the f�rst two stages, it would be posible to create access to all parts of the City. He said the first stage should be a pilot stage which would be used to monitor the use and obtain additional information for the remainder of the system. He said after this, if the plan does not warrant expansioru, this would be noted and changes in the pian would be made. He said the pilot stage �s not the least expensive �n the plan, but it is the second least expens�ve. He expla�ned that the first stage is concerned with the heavy used areas for bike traffic at major crossings. In some cases there would be a need to create areas of limited parking to �mplement the plans. He pointed out the various means in v�h�ch this could be accomplished and said it may be done on a seasonable basis. Mr. Boardman l�sted the costs of th� various stages to be from 1974 construction figures as fol7ows: State One -�39,000, Stage Two -$28,D00, Stage Three -$56,000, Stage Four - $71,000 and Stage Five - $38,000. Mr. aoardman said the City had communicated with County Commissioner, Mr. Mike 0'Bannon, who had said the County would help in any way possible on the County roads and provide thestripping for these roadways. ' Mr. Boardman continued to comment on the question of where the money would be obta�ned from. He ment�oned that the Bikeway/Walkway Committee has recommended that ne funding be o6t•ained directly from the assessment of property owners. He mentioned the committee had recommended that the following methods of funding 6e considered: Land and Water Cor,servat�on funds, Federal Grants for Parks and recreation purposes, Community Deve7�opment Block Grants, HUD, new funding source for community improvement pro,7ects of wh�cY� ltmited f�ands are ava�lable and Fridley is considered a priority II area, Federal Aid Urban (Department of 7ransportation), �unding available for developing bikeways along FAU roadways and Fridleys systems is limited and may gain some funding in Stage 5, Minnesota Department of Natural Resources (Grants-in-Aid Program) which provides funds for bicycle traii development, and R1ce Creek Trail is along this system, Minnesota State A�d Streets, ar�niaa� fund for upgrading of classified State Aid Streets, Re+ienue Sharirg funds, a state allocation system for portions of industrual revenue collected by the State, County 5ources, through participation in existing County road systems, and �ocal �-ources Mr. 6oardman explained the possible local sources to be PUBLIC HEARING MEETING OF JUNE 9, 1975 PAGE 6 donations from Community Serv�ce Organizations, Bicycle related Fees, which would promote the enforecment of the bicycle license proceedures to license the 16,000 bicycles not licensed in the Ctty. Mr. Boardman suggested that private donations may also be possible, but not likely. He mentioned this type of donation would be in the form of donations of easements and labor for the construction of the system. He said last but not least, he would like to mention that there may be a possib�lity of funding from the City Operating Budget through General Fund appropriations. �Mr. Boardman went on to explain tht there had also been a recommendation made for the establishment of a Walkway system in the City. He explained to comply withthe plan 5.25 miles of new sidewalks would have to be developed along with the existing side walks in the City. He explained the current policy of construction of the sidewalks City and said he had made the recommendation that the assessing policy on Cbunty and state Aid Highways along residential properties be changed, so the the assessment is against the property owner, but picked up by the State Aid Revolving Fund or City General funds. �l �A � !� �7 �1 tn the not Mr. Boardman called on Mr. Dennis Schneider, member of the Citizen Bikeway/Walkway Committee for his comments. Mr. Schneider read the recommendations established by the Committee to the Council and audience as listed on the handout available at the meeting on Page 5 Mr. Boardman explained that there had been a number of public hearings on the committee level and many of the responses from the different neighborhoods had been ir�ned out and changed before coming to the City Council public hearing. Mayor Nee asked if any of the members of the Council had any questions. Councilman Breider said the bikeway plan included the signalization of 79th and East River Road. He asked Mr. Mike 0'Bannon, County Commissioner, �f the City would put this in their 6udget, would the County support this tmprovement. Mr. 0'Bannon sa�d he would be in favor of it. He said he knew the traffic on East River Road warrants this installation Councilman Breider said this is a critical area in the Bikeway Plan as an access point. Mr. 0'Bannon said he felt this area warrants a stop signal w�th the ��partments, park �and traffic. Mr. 0'Bannon said he would support this 100°6 Councilman Starwalt referred to the mention of the licensing of bikes He questioned if the bikes with trainino wheels as well as the bikes that are from 10 to 15 speeds and cost hundreds of dollars should be licensed for the same amount of license fee. Mr. Boardman sa�d the licenses currently require the same license for anything on two wheels. Councilman Starwalt asked if this is a fair system. He asked if the smaller bikes should pay a lesser fee Mr Boardman said the fee is very low, only $2 and this is on a one ttme license. Councilman Starwalt said the money for the system would have to come from someplace. He mentioned the cost paid by auto users in taxes and questioned if this license rate was a fair one. Mr. Boardman said in Denver, the license fee, is $5 per year and the committee had discussed this possibility and determined that this would be too high and that the license should be a one time expense. He again mentioned that with 16,000 not licensed in the City, there would be a great deal of revenue gained by the current rate. The City Manager said there is no question that tne commum ty needs an overall plan, this would set the goal and the City would keep working toward this goal. He mentioned the implementatton of theplan would take a great deal of money and the ADministration would try to obtain funding from other sources. He mentioned the license money could not be used for this type of activity since tt is not to be a revenue gathering activity He said the fee would only cover the administrative costs. The City Manager outlined the City policy for the assessment of sidewalks on County �roads and said the street portionof the improvement tn this case is not assessed to the property owners, on ly the sidewalks and curbing, He said the assessment tn thesP areas would be only about one half of the assessment amount of other resid2ntial areas. He said it didnot matter if the assessment would be called the sidewalk assessment or the street assessment. He added, if the City changed this policy at the present time, there would �e p�^oblems with the people that had been assessed in this manner in the City. The City Manager said the plan was prepared through citizen participation and the committee and administration had done a lot of footwork in the formulation and the data gathering. Mayor Nee asked why the port�on�pf the proposed bikeway �ogged back and forth in the East River Road area. Mr. Boardman explained with the traffic on E�st River Road, if the 6ikeway were to be along East River Road it would have to be a path sy�tem and this would increase the cost of the system considerably. He said in the manner propose�, the 6ikeway would be through the residential areas with tf�e crossing being done at the access areas in a route system He said the original idea is to prov�de access to all parts of the City. Mayor Nee said this should be installed so the path �dces not �oy ��� PUBLIC HEARING MEETING OF �UNE 9, 1975 PAGE 7 back and forth. Mr Boardman said if this would be done, this would in��olve the installation of paths separate from the roadway. Mayor Nee asked if the City had additional right of way on East River Road. Mr. Poardman said there is additional right of way, but he was not sure how much would be needed for any future expansion. Mayor Nee questioned if someone was talk�ng about expanding East River Road. Mr. Boardman said he did not know He said the Committe�s concern was the cost of maintaining this type of plan. Mr. Alex Barna, 560 Hugo Street N E, explained that there are people that he ' works with that bike to work on East River Road and he had been asked to �oin them and he would not. He said this would be taking his life in his hands because of the many blind spots. He said some people think that East River road is a freeway. He added, it is not possible to gain access to East River Road in many places. He said he cannot get on East River R�ad from Hugo, he must go to 79th. Mr. Boardman repeated that the bike travel on East River Road would be dangerous and that is why this would have to be a separate path. He said this is why the route was �o9ged back and forth in this area. Mr. Barna said he felt the children were still going to use the r�ute and cross where they wish. He questioned why the paths could not be put where the kids travel. Mr. Boardman said the children should be educated to use the route. He said the only recommendation he would have for East River Road is that the path be installed, if they us� the area, there should be a path installed separate from the highway. Mr. Robert Pierce, 609 Bennet Drive N.� , asked why there had been no sidewalks proposed to Rice Creek School. He noted that there is access provided to all of the other schools �n the City. Mr. Boardman explained that the only sidewalk needed�in the area is the one already installed on M�ssissippi Street, the others do not warrant such an installation because of limited traffic. Mr. Pierce asked if the bil<eways would be maintained in the winter months. Mr. Boardman said hopefully the streets would be plowed from curb to curb and when there is no ice and snow, they would be operable. Mayor Nee asked if people would ride their bikes in the winter months. Mr. Boardman said this would be limited but there would ' be some use. Mr. Pierce asked how the City proposed to get the unlicensed 6ikes licensed. Mr. Boardman said the police are currently tagging those who commit violations on bikes. He said any adult will get a traffic violation and children will receive a warnin9 ticket from the �uvenile court and the copy of this warning would be given to the parents. He also explained that the Police �epartment has been conducting an extensive educational program in the schools. Mr. Pierce said he had heard about this program and people seemed pleased. Mayor Nee asked if Mr. Slater in the area of Stevenson School had been taken care of. Mr. Boardman said he felt the committee had taken care of his concern. Mayor Nee asked if Mr. Slater was present and there was no response. Mrs. �an Seeger, 324 Ironton St., said she would like to reinforce what had been said by Mr. Barna. She said she would favor the construction of t� path down East River Road A representative of the Fridley League of Women Voters addressed the Council and said the League agreed with the overall concept of the plan, but the individual members were concerned about specific routes through the neighborhoods. She said this should be talked about within the individual neighborhoods. She mentioned the the League also supported funding from partial taxation or assessments for the �eople of the City of Frtdley. � ' Mr. Ken Sporre said��e favored the bikeway plan and would iike to see a link in the system in to Coon Rapids and the PJorth Park area. Mayor Nee said �t was his impression that they were talking about adopting a overall plan, but that it may not be implemented in any single part for a number of years. Mr. Boardman said the City had been working with the other communities in the areas to establish continuity in the overall plan. Mayor Nee said all of the members of the City Council are concerned about the public reaction to the plan such as how will the no parking in front of people's h�mes be accepted and how would the people feel about the installation of sidewalk where there is none. He said he would like to find out if there is sufficient basis to make this1more acceptable action on the part of the City Council, � 1 � f�M1�/ Jiy � PUBLIC HEARING MEETING OF �UNE 9, 1975 PAGE 8 Mr. Pierce said this is why he had brought uu the seasenal consideration in the use. He thought the parking areas could be use� in the winter months. Mr. Boardman explained by State Law, there must be tuio lanes for bikeway traffic and this would create situations where only one sida �f the street may be used for parking. He said th�s may be dane only seven months out of the year and it could also be limited to the hours between 8:00 A.M. ar,d 9:00 P.M. The City Manager said it may be of some help to tell the community what provisions have to be made and obtain their input. Mr. 3oardman said the various represertattves on the committee had talked to the area people. He listed the number of public hearings that had been held, the notiftcation given and the various groups and businesses that had been heard concerning the plan. He said hopefully, the reigh6orhoods had been advised and their input obtained. A resident addressed the Council and said he would like to see more information concerning easements that would have to be obtained. He mentioned he lived in the area of 7th Street south of Mississippi Street and he did not see where this plan would be feasible for this area. The City Manager sa�d if there are any improvements or construction that affect the property or if the City would need addit�onal easements,the pe�ple would have to he advised before this is done. He said he thought this point was �siell ta!<en concerning 7th Street. Mayor Nee asked the resident how he would feel abcut no parking on the street. The resident ansUrered that this would ba acceptable if it was the limited type Councilman Breider said if the plan is implemented, the easements, trees and all aspects would be worked out prior to puttinq anything in. Ne said this should be done 4aithin the public hearing process. He said he hoped that the Council would consider this t�pe of policy not only as the legal process, but also if the funding is obtained from Federal and State funds. He said if a man is going to have a sidewalk in front of his home, he should be notified. The City Manager said the people would be notified, but he was not sure th� reactior they would have. He said generally with this type of improvement, the reaction is negative. He reca7led the adoption of the five year side�aalk plan and said there were many people in opposition. He satd if the Council adopted the concept, the program krould be con�inued and those directly affected wau]d be notif�ed. Councilman Starvaalt said he had follawed the act�ons of tF�e committee very closely and he said the,y� haa gone through a grea± deal of vaor!< to come up with a plan Mayor Nee said he was ver�+ impressed and thought ihis had 6een a fine ,�ob MOTION by CourG�lman Fitzpatrick to close th,e putlic hearing. Secor,ded by Co�m cilu!oman Kukowski. Upon a voice vote, all voting aye, tlayer Nee d�clared the mo±ion carried unanimously and the pu61�c hearing closed at 9:35 P�M. Councilman Fitzpatrid. said he would like the admim stration to prenare a reso;ution concern�rg the City's intent to provide i.he funding for the si�nalization ef 79t.h and East Fiver Road which could be �resented to the Courty NEW BUSINESS: CONSIDERA7ION OF REOL'CST BY WIN ST�PHHEPf�, DAT�Iih NO?TH, SP #75-05, ?0 PERf1IT THE SALF OF NEW FlN� USED CARS; 7810 UNI4'ERSITY AVENUE ^!. E,• The Public ldorks Dir�ctor tndicated �,his to �e a requ2si, for a special use permit requested by �4in 5tephens Buick to sell and d�splay new an� used cars_ He said thts would be located on the servi�e drive wesi, of Ur��vers�ty and north of Osborre Rci, Ne explaine�! that at tl�e Planning Corrm�ssion meeting of June n, 19?5, they recommencier_' approval of the request with the following sitpulations That the plan be subject to the review and recommendations of the Building Standards Desiqn Control Subcommittee and tF�at this approval also be sub�ect to the approval of the let split. The Publtc Works Director explaine� tt�at ti�e petittoner would like approv�l of the social use permit befor2 makrng appiication for the lot split so he would be ab7e to determine if the business would be allowed. Councilrnan Breider asked wnere this loc�tion wou]d be in relation to the night club that was being planned for this area. Mr. Wyman Smith, Attorney for Win Stephens Buick, addressed the Counctl and explained "? 4 �? �:��, PUBLIC HEARING MEETING OF �UNE 9, 1975 PAGE 9 this location to be north of the Town Crier Pancake House on property owned presently by Mr Robert Schroer. He felt this would be a better location than the one prev�ously requested on EAst River Road He sa�d the parce7 �s 1.6 acres and they planned to construct a 6,000 square foot builitlng. Mr Smith indicated that he hiad met with the City Finance Director, Mayor Nee and the applicant to instruct them of the City's policy and the availability of revenue bonds. He �id this is still being considered although they bel�eved they would obtain conventional financing for the facility. He requested the Council take action and approve the request for the special use permit with the two stipulations of the Planning Commission. Councilwoman Kukowski said she was very happy that Mr. Stephens is not giving up on locating a business in the City of Fridley. Councilmar. Starwalt said he hoped the bonding issue would not be a stumbling block in this request. Mr. Smith said the applicant had just been given the information on the bonds and with the condition of the money market and the size of the pro�ect, they planned to use conventional financing and the bonds may not be needed. Mayor Nee asked if the plars for the building would come back and be processed through the Council and the City Manager said yes. MOTIDN by Councilman Breider to grant the special use permit as requested by Win Stephens Buick, Datsun Dealership, for 7810 University Avenue with the two stipulations recommended by the Planning Commission with the additional stipulation that the plans be reviewed by the Counc�l before the permit is issued. Seconded by Cour�cilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. F A REQUEST FOR A BUILDNG PERMIT WITH WAIVER OF REOUIREMENT FOR HOOK 1 The Public Works Director explained the location af the property in question to be ' at the south end of Siverts Lane off of 69th Avenue. He said this parcel has been spl�t off of Lot 3, Registered Land Survey #3. He said the tota7 area of the property is from 30,000 to 34,000 square feet. He explained that the other Lots � and E had been approved for such waivers in the hook up of sewer and water serv�ces. The Public Works Director explained the following resporises to the requests of the City �n the matter• Metropolitan Waste Control Commission said since no system is availa6le this would not be within their �urisdiction and up to the local discretion; M�nnesota Pollution Control Agency, they have no rules and regulations pertaim ng to private sam tary sewer and well systems, ih�s is up to the local community; �epartment of Natural Resouces, at the present time, they have no ,7urisdiction, but are in the process of preparing a Shoreline Management Act, and this property complies with those proposed regulations althought if it did not, they would have no jurisdiction for permits before the Shoreline Management Act is adopted; Rice Creek Watershed District, they have approved of the pro�ect after the review of the plans. The Public Works Director sa�d he thought the roadway installation should be taken into account if this waiver 7s approved. He said there is an easement which was requ�red of the property owner to the south. He explained that the property to the south is tax forfeit property and is included in the County Open Space Program. He said �f this waiver is granted, there would be no need for future services on Siver+s Lane. He also explained that the City had received petitions from people in the area who indicated they would not split their property. He said �f this is approved, the City should prepare plans for the improvement of the street. He said the City has been helping with the maintenance of the street which is not the policy of the City. He said if the maintenance is to continue, the improvement should be completed. Mr. Sobtech said the recommendation of the administration would be to approve the request with the stipu]ations listed on Page 6-A and 6-B of the agenda, The Public Works �irector satd the petitioner was present at the meeting to answer any questions. Mr. Ing Siverts, Siverts Lane, addressed the Council and mentioned there was a provision in the sale of the ad�oining property that stipulated that the house would not be higher then the Siverts' windows. Mayor Nee asked if this would be enforceable by the C�ty. Mr. Livingston, Calhoun Realty, said the buyer of the property is perfectly aware of this st�pulat�on and he had complied with it �n preparation of the 61ue prints. Mr. Siverts questioned if he would be assessed for this portion of the road improvement and the Public Works Director satd yes. 1 � �.v L' PUBLIC HEARING MEETING OF JUNE 9, 1975 PAGE 10 Mr. Sivert continued to expla�n the sale and splittinq of this property and said that he had dedicated the portion of the property for the uY.ilities and roadway easement and he had been paying taxes on this property for years. The City Manager commented that if this is a roadway easement, he wou7d not have to pay taxes on the property. Mr. Sivert satd he had been paying taxes on this portion oF property. 'The City Manager explained the maintenance and plowirg pol�cy of the City and said dirt roads or unimproved roads are generally not maintained by the City. He said in this case, since the utilities had not been installed, the City had been maintainin9 the road. He said with the waiver of the utilities installation, this is the last property to be developed and it would be possible to install the roadway. He mentioned this would not be a full roadway with curbing etc, because there are only three people on the road and this would make the assessments excessive. Mr. Sivert explained that the electric and gas lines are underqround in th�s area. He also explained that the water system for his property �s located in the area where the road would be tnstalled The City Manager said the costs would be kept down because only a ltmited number of people would be assessed. He said once the improvements are installed, there would be no reason to deviate from the policy Mayor Nee asked if the City had a petition from the property owners in the area and the Publtc Works Dtrector said no. Mr. Sivert suggested rather than develop the property in the manner proposed, c�uld �t be picked up by the County in their open space program The Public Works �irector pointed out that the property to the east is tax forfiet and Mr Sivert questioned the wording on the deeds of that property in that they are being held by the City of Fridley. �MOTION by Councilman Starwalt to waive the reqln"'m�nt for sewer and water hook up as requested by Mr. Verlyn Vander Lught with the stipulations listed on Pages 5-A and 6-6 of the agenda and with the additional stipulations that the eye level stipulation in the deed of the property be abserved in the construction of the home and that the property owner, Mr. YanderLught pay a normal residential assessment for his snare of the assessments for the construction of Siverts Lane or 75 feet. Seconded by Councilman Breider Upon a vo�ce vote, all voting aye, Mayor Nee declared the motton carried unanimously. h4r. Uander Lught said he would agree to the payment of the assessments for 75 feet of frontage. SETTING A PUBLIC HEARING ON OVERALL PLAN FOR WATER MANAGEMEPIT BY RICE CREEK WATERSHED DISTRICT FOR JUNE 16, 975� MOTION by Councilman Breider to set the public hearing for the overall plan for Water Management for Rtce Creek Watershed District for �une 16, 1975. Seconded 6y Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF LANGUAGE FOR PUBLICATION ON PROPOSED CHARTER CHANGES FOR PUE3LIC HEARING ON JULY 14. 1975: The City Manager said this information had been brought to the Council to make them aware of the lan9uage of the material that would appear inthe public notice. �Mayor Nee said there would be no action necessary on the part of the Council on this item COMSI�ERATION OF REQUEST TO CONDl1CT AUCTION BY CHARLES LILLIGREN AT PLYWOOD MINNESOTA: MOTION by Councilman Breider to approve the request to conduct the auction at Plywood Minnesota as requested by Charles Lilligran_ Seconded by Councilman Fitzpatrick_ The City Mar�ager mentioned that this would only be for one day. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously, COMMUNICATIONS: GENERAL TELEUISION• NCTIFICATION THAT COUNCI 2�� PUBLIC HEARING MEETING OF JUNE 9, 1975 PAGE 11 The City Manager said the communication noted that General Television would like to inform the Council that the meetings thrnugh the summer months woul� not be televised since the viewship is down. MOTION by Councilwoman Kukowski to receive and note the commun�cation from General Television dated June 5, 1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ENGINEERING AIDE: RE FOR MC�DIFYING AND E'',TEN�ING THE ROOTE OF THE 49ER'S DAY The City Manager briedly explained that there -�s road construction in the area where the normal parade route is set up and due to this, there is a request to modify the route. He said the change may cause some inronvenience to those inithe residential areas. MOTION 6y Councilman Breider to receive the communication and approve the request for the change �n the parade route for the 49er's Day Parade. Seconded by Councilman Starwalt. LJ Councilwoman Kukowski asked if any of the members of the Council were intending to participate in the parade. She noted that none of them had returned their cards indicating they would be in the Parade. A question was raised on whether the Council would ride in the Parade in one car or oLtain their own transportatton. Mr. Livingston, Calhoun Realty, volunteer the use of his convertakrle for the parade. UPON A`�CICE VOTE, all vottng aye, Mayor Nee declared the mation carried unanimously ADJOURNMEDlT: MOTIOfV by Councilman Breider to ad,7ourn the meeting. Seconded by Councila�oman � Y.ukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously and the Public Hearing Meet�ng of the Fridley City Council of June 9, 1975 adjourned at 10:32 P M. ����� Pat Ranstrom Secretary to the City Council Date Adopted �-��-�5 William J. Nee Mayor �