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05/08/1978 - 00014174_, THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRI�LEY CITY COUNCIL OF MAY 8, 1978 The Public Hearing Meeting of the Fridley City Council was called to order at 8.05 p.m hy Mayor Nee. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was said at the beginning of the Board of Review Meettng. ROLL CALL: MEMBERS PRESENT h�EMBERS ABSENT ADOPTION OF AGENDA: Councilman F�tzpatrick, Councilman Hamernik, Mayor Nee, Councilman Schneider and Councilman Barnette None Mayor Nee requested an item be added to "Receive the Bids on the new engine for Fire Pumper 388", MOTION by Councilman Fitzpatrick to move the public hearing on the Hyde Park Area rezoning to an earlier time on the agenda. Seconded by Couttcilman Hamernik. Mr. Sobiech, Public Works Director, asked that this item be considered around 8:30 p.m. as the City Planner, Jerry Boardman, would be present at that time. MOTION by Councilman Fitzpatrick to adopt the agenda as amended by adding the item to Receive the Bids on the new engine for Fire Pumper 388 and changing the order of the agenda on the Hyde Park area rezoning. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Playor Nee de- clared the motion carried unanimously. PUBLIC HEARINGS PUBLIC HEARING ON IMPROVEMENT: STREET IMPROVEMENT PROJECT ST. 1978-1, ADDENDUM #,2 MOTION by Councilman Hamern�k to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Counc�]man Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unani- mously and the Public Hearing opened at 8:09 p m. MOTION by Councilman Hamernik to receive the letter from Viking Chevrolet dated May 2, 1978. Seconded 6y Councilman Fitzpatrtck. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr Sobiech, Public Works Director, stated th�s is a preliminary improve- ment hearing to discuss the improvement of a certain portion of ihe University Avenue west serv�ce drive from 83rd Avenue to approximately 560 feet south. Mr. Sobiech stated the service drive would be extended past, and ad�acent to, the House of Lords restaurant He stated a petition was received from the owner of the House of Lords indicating the desire to have the roadway im- provement. The roadway would be improved to a width of 36 feet with concrete cur6 and gutter. The estimated cost per front foot is $45.45. Mr. Sobtech stated, in the letter which the Council received from Viking Chevrolet, they have indicated a desire to extend this improvement. He stated the City Attorney has indicated the Council could receive the correspondence and provide for the extension of this improvement to the South, but should get some document from Viking Chevrolet indicating a waiver of the hearing notice regarding the extension. Councilman Hamernik questioned if any other property owners would have to be notified. � ' � .J,7 PUBLIC HEARING MEETING OF MAY 8, 1978 Page 2 Mr. Sob�ech stated they are the only property owners that would be assessed He stated Viking Chevrolet also owns property to the north, but he ts referring to the property to the south of the House of Lords. Counci1man Hamernik also noted that Viktng Chevrolet would like to extend the servtce drtve to the north. Mr. Sobiech stated th�s would actually be another location and Viking Chevrolet could be9in processing, but felt they might want to develop some more plans. � Mr. Wyman Smith, represent�ng Viking Chevrolet, stated he talked with Mr Isaacson regarding the extension and they would like it extended 6oth to ihe south and north. He stated the property to the south would be opened up by having the frontage road go all the way to the Datsun dealer and the frontage road to the north going all the way to the county road. Mr. Herrick, Ctiy Attorney, stated if ihe extension involved other property owners, 6esides V�king Chevrolet, tt would be necessary to call another public hearing. Mr. Purmort, owner of the House of Lords, ind�cated he would 6e in favor of having the frontage road all the way through. Mr. Qureshi, City Manager, stated the Ctty would want a petition and would have to hold another public hearing for the additional �mprovement requested. He suggested that Mr. Purmort and Mr. Isaacson get together to petition for the entire street so another public hearing could be held. Mr. Qureshi felt the Council could close this public hearing, but not order the �mprovement, pending the outcome of whether or not the service drive would be further extended. MOTION by Councilman Hamernik to close the Public Hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all vot7ng aye, Mayor Nee de- � clared the motion carried unanimously and the Pu61ic Hearing closed at 5:20 p.m. PUBLIC HEARING ON STREET AND ALLEY VACATION SAU #78-01, BY JOSEPH SINIGAGLIO � MOTION by Councilman Hamernik to waive the reading of the Public Hearing notice and open the Pu611c Hearin9. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimous- ly and the Public Hearing opened at 8 22 p.m Mr. Sobiech, Public Works Director, stated this is a request to vacate 43th Avenue N.E , ad,7acent to and south of Lot 16, Block l, Plymouth Addition and ad�acent to and north of Lot 30, Block 8, Plymouth Addition, east of 3rd Street N.E. and west of University Avenue N.E. Mr. Sobiech stated staff has no ob,7ection to the vacation, but would want to retain certain easements for access to the storm and sanitary sewer lines. The Planning Commission recommended approval of the vacation, with the stip- ulation that appropr�ate easements for storm and sanitary sewers be retained. Mr. Qureshi pointed out that the access would have to be maintained. Mr S�nigagl�a stated part of this would be mostly lawn area � Councilman Fitzpatrick stated the person to the north would maintain h�s portion as an access to the garage. No other persons in the aud�ence spoke for or against this vacat�on request. MOTION by Councilman Fitzpatrick to close the Public Hearing. Seconded by Councilman Schneider. Upon a voice vote, all vot�ng aye, Mayor Nee declared the mot�on carried unanimously and the Public Hearing closed at 8:25 p m. Mr. Qureshi, City Manager, stated he wanted to make sure both property owners understood that they are to matntain the vacated right-of-way. Mayor Nee suggested staff check with the property owners involved to make sure they understand what is expected as far as maintenance, before action is taken by the Counc�l at the next meeting. PUBLIC HEARING MEETING OF MAY 8, 1978 Page 3 PUBLIC HEARING ON ZONING ORDINANCE AMENDMENT ZOA #78-D3. BY THE MOTION by Councilman Schneider to wa�ve the reading of the Public Hearin9 not�ce and open the Public Hearing. Seconded by Councilman Fitzpatrick Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hear�ng opened at 8:29 p.m. Mr. Sobiech, Public Works Director, stated this is a request to rezone property at 941 Hillwind Road from R-3 to CR-1 to allow the property to be used as a real estate office. He stated the stte was previously a single family dwell�ng. Mr Sobiech stated, basically, the office would be in the garage area and the remainder of the house would be used as a model home. He stated the Planning Commission recommended approval with certain stip- ulations regard�ng fencing and location of the dr�veway. Mr. Sobiech pointed out that on Page 4E of the agenda book there was a plan showing the parking arrangement and that the Plann�ng Commission recommended the driveway be on the north side, providing there is more room on that side of the property. He stated the Comm�ssion wanted to insure there was access to the rear yard to provide the adequate parking stalls. Mr. Sobiech stated a performance bond should be required �n an amount to cover the cost of the parking lot and driveway improvements. Mr. Burandt stated there is about 19 feet on the south side of the property and about 13 feet on the north side. Counc�lman Schneider asked, when the home was originally constructed, if it was intended to be used as a single fam�ly structure. Mr. Sobiech stated, he understood, it was to be used as a single family dwelling. Councilman Schneider stated he has qutte a concern as little by little that corner of property is being rezoned from R-3 to CR-1 and wondered about the affects to the existing single family dwelling in the area. Mr. Burandt stated he is now �n the process of purchasing the property to which Councilman Schneider referred and has contacted the property owner. Mr Burandt stated the present property owner was not aware the zoning was R-3. He thought it was already commercial zoning and �nd�cated, if he had known otherwise, he wouldn't have bought the property. Councilman Schne�der felt a survey should be required of the dwell�ng on the lot, proposed for rezoning, to show where the driveway and parking lot should be located. Mr. Qureshi stated, if the property is rezoned, it does meet the area re- quirements> however, �f use was to be made of the ex�st�ng building, and if the information Mr. Burandt stated was true, several variances would be needed. He felt Councilman Schneider's suggestion to have an exact survey of the existing building should be done to ftnd out the exact footage. No persons in the audience spoke for or against th�s rezoning request. MOTION by Councilman Schne�der to conttnue the public hearing on rezoning request ZOA #78-03 until such t�me as a survey on the parcel �n question can be obtained. Seconded by Councilman F�tzpatrick. Upon a voice vote, all votin9 aye, Mayor Nee declared the motion carried unanimously. Mr. Sobiech potnted out the reason the rezon�ng is before the Council is that Mr. Burandt is already usin9 the structure as an office bu�lding. Mayor Nee felt perhaps Mr, Burandt would also have further information on � 1 1 PUBLIC HEARING MEETING OF MAY 8, 1978 Page 4 the property he wishes to purchase when this item is resu6mitted to Council. T G ON FINAL PLAT, PRELIMINARY SUBDIVISION P S. #78-01. TRI-CO � MOTION by Councilman Schneider to waive the reading of the Publtc Hearing notice and open the Public Hearing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously � and the Public Hearing opened at 8:40 p.m. Mr Sobiech, Public Works Director, stated th�s plat involves a subdivision in the vicinity of 72nd and Central Avenue. Ne stated the plat is laid out for six lots; four of which are proposed for four-plex units and the balance of the lots to be used for mu1tiple units Mr. Sobiech stated discussion at the Planning Commtss�on meettng noted certain access stipulations to limit access to only one access onto Central Avenue since it is quite heavily traveled. He stated there would be a common drive- way for Lots 1 and 2 and the access for Lots 4, 5 and 6 would be from 72nd Avenue. Mr Sobiech stated the possibility was discussed of the petitioner acquiring the property, shown as the exception on the plat, to perhaps develop a better plat. The petitioner has indicated the property owner did not wish to sell the property which means there will have to be an access easement which will have to be noted on the plat. Mr. Sobiech stated there are sanitary sewer and water lines to serv�ce the lots, however, staff would recommend that the plans and spec�fications be revtewed by the Engtneering Department and that certain monles be escrowed to make inspections on those facilities. � Mrs. Ruth Norton, 1251 Norton Avenue N.E., questioned the easement to the existing house and if they weren't allowed to drive on it. Mr. Sobiech stated, it is his understanding, that if there is an easement for that house, the petitioner would trade for access to 72nd Avenue. Mr. �ames George, representing Tri-Co Bu�lders, stated, to his knowledge, he was not aware of any formal easement of record for that property. He stated they were told they would have to provide an easement for that exist- ing property and came up with an access to 72nd Avenue and abandon the iwo driveways that presently lead onto Central Avenue. Mr. Sobiech stated the half section map does not ind�cate an easement for the existing property. Mr. George stated it is their �ntent to provide a driveway of equal quality which is now existing, until the multiple s�te �s developed, at which t�me there w�ll be a surfaced parking lot. Mayor Nee asked if the petitioner would give the owner of the "exceptton" a legal easement. Mr. George stated this is their intention. Mayor Nee stated, on the map, there is no easement shown to serve Lots 1 and 2. � Mr. Sobiech stated, wtth the issuance of the building permit, signed d�c- uments would be obtained exchang�ng the easements Mr. Herrick, City Attorney, stated there would have to be some�hing shown in the abstract where the owner of Lot 1 would have a reciprocal right to use the driveway that is on Lot 2 and vice-versa Mayor Nee stated, if the plat was approved as it stands, each lot has a right to an access. Mr. Herrick stated the Plamm �g Comm�ssion did recommend the plat be approved �, �, PUBLIC HEARING MEETING OF MAY 8, 1978 Page 5 on the condit�on that there be only one access. He felt this requirement of a combined driveway for Lots 1 and 2 could be put in the f�nal plat. Mrs Norton asked if this plat would ad�oin the property at 7112 Old Central, and Mr. Sobiech stated the plat would surround that property. He stated he was surprised the petitioner hadn't contacted Mrs. Norton, the fee owner, regarding access, since there seems to be some confusion on the access to the existing property. Mrs. Norton stated Mrs. Berglund, who lives in the house, was contacted, but she never was contacted. Mrs. Norton then reviewed the plat and �t was pointed out where the proposed access would be for the existing house. Mr. Sobiech felt, perhaps since the property owner hadn't been contacted, this should be discussed further between them and the public hearing con- tinued. Mr. Herrick stated it would first have to be determined if there is a formal easement for entrance onto Central. If there is no easement, the owner of the property should be happy to accept whatever easement the petitioner is will�ng to give. He stated, however, he didn't know what the facts were and the questions couldn't be answered this evening. Councilman Schneider stated he would feel more comforta6le with a sketch on generally what the layout would look like. Mr. Deterinan, who owns Determan Welding on 72nd Avenue, stated his business is located across the street from th�s proposed plat. He stated he would like to see a means of the City keeping the apartment house tenants from parking on the street. He stated he would like to see a fence on the south stde of 72nd Avenue ta solve the problem. MOTION by Councilman Schneider to continue the public hearing until such items as the question of the easement are cleared up and to be brou9ht back to Council at the staff's discretion. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously Pl1BLIC HEARING ON ZONING ORDINANCE AMENDMENT ZOA #78-02, BY MAROUETTE STATE MOTION by Councilman Barnette to waive the reading of the Public Hearing notice and open the Pu61ic Hear�ng. Seconded by Councilman Hamernik. Upon a voice vote, al] voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 9:10 p.m Mr. Sobiech, Public Works Director, stated this is a request from Marquette State Bank to rezone property �n the Northwest quadrant of Main Street and Os6orne Road from M-2 to C-2 to allow construction of a bank He stated the most Southwesterly lot of the proposed plat is proposed to be rezoned to permit a bank at this location. Mr. Sobiech stated the Planning Commission did hear the item and recommended approval of the rezoning request. Mr. Sobiech stated the bank proposed for this location would provide all services of a full-service 6ank, except for closing on loans. He felt one of the stipulations required wtth the rezoning would be a plan regarding the landscap�ng, grading and drainage. Mr. Laing, representing Marquette State Bank, presented a proposed plan of the bank. He stated the primary egress would be behind the bank onto Main Street. He stated they envision most of the traffic coming in from Osborne Road and using the drive-in facilit�es. P1r. Laing stated they attempted to f�nd a location that is accessible and not have some of the problems they now have at their main bank on Central and 53rd Avenue. Cl � � �6 L� PUBLIC HEARING MEETING OF MAY 8, 1978 Page 6 He po�nted out they have been in contact with St. Paul bJater Works regarding the easement and they are aware what they can and cannot do as far as blacktopptng. He stated they would be meeting with them the end of the month on the site plan. Mr. Laing stated a significant amount of fi11 is needed to bring the site up to grade and have the building at an elevat�on they want � Mr. Sobiech stated one of the requ�rements of the Zoning Code is that there be screentng between the parking lot and ad,7acent right-of-way. Mr. Laing stated he didn't envision that would be any problem. Mr. Laing submitted a proposed drainage plan for the site. Mr Sob�ech stated they are proposing the drainage be directed to the North and ponding provided on the site to the North. Mr. Laing stated this would not be their land, but it was suggested they work out the drainage plan in con,7unction with Mr Schroer's parcel. Mr. Schroer felt the drainage problem could be resolved by working with the Ctty Mr. Qureshi, City Manager, stated it looked like 60-70% of the area on the site would be blacktopped. Mr. Latng felt this was not uncommon and many banks were building on a smaller site w�th comparable blacktop areas. Councilman Hamer m k asked, with the 31 parking spaces, if this was the most blacktop they planned to put into the site. � P9r Laing stated this was correct because of this being a detached facility, and they visualize about 75% of their traffic using the drive-in facility. He stated the emphasis on on-site parking and lobby use is not necessary in this case. He stated, �f, in the future they were allowed to change to a full service bank, they would try to expand the size of the building A gentleman �n the audience commented that he didn't think, 6ecause of the different elevations in the area, ponding could be provided. Mr Sobiech explained the drainage would have to be worked out for either detention or retention of the run-off from this site. No other persons in the audience spoke regarding this rezoning request. MOTION by Councilman Hamernik to close the Public Nearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 9.28 P M. Mayor Nee stated the Council would get to the question of the plat for Marquette State Bank, after the public heartng on the rezoning for the Hyde Park area. PUBLIC HEARING ON ZONING OR�INANCE AMENDP1ENT Z�A #73-04, BY THE CITY OF FRIDLEY TO ESTABLISH A NEW ZONING �ISTRICT, S-1, GENERALLY LOCATED FROM 57TH PLACE TO ' 61ST AUENUE N.E AND UNIVERSITY TO P1AIN STREET: MOTION by Councilman Fttzpatrick to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilman Schneider. Upon a votce vote, all voting aye, Mayor Nee decbared the motton carried unanimously and the Public Hearing opened at 9•29 p.m. Mr. Jerry Boardman, City Planner, explained the processes involved leading up to th�s request for rezoning. He stated there were concerns of residents in the Hyde Park area on the zoning problems He stated, in order to make n i� -� o �� PUBLIC HEARING MEETING OF MAY 8, 1978 Page 7 everyone aware of the zoning problems, public hearings were held to explain what the zoning meant as far as the houses and businesses in the area were concerned. He stated a neighborhood council was established of about 16 people who were home, apartment and business owners vrithtn the Hyde Park area and meetings were held in wh�ch they discussed the problems and future planning as to what concepts the people wanted for their neighborhood. Mr. Boardman stated, from these meetings, came the idea of establishing a ' special zoning district for Hyde Park area which would do several things. It would change the present legal non-conforming status of residences in the ne�ghborhood to establish a residential character of the neighborhood and protect the property r�ghts of the neighborhood as much as possible. He stated, once this material was put together, a public hearing was held by the Planning Commission to discuss the special zoning distr�ct. The Planning Commission recommended approval of the special zoninq district for the Hyde Park area Mr. Boardman explained the reason the spectal zoning district is proposed is that there are situations in the neighborhood where the condttions of a regular R-1 zoning district cannot be met. He stated some of the differences between this special zoning district and an R-1 zone involve the existing uses. He stated the residents wished to allow the existing uses to continue so as not infringe on property rights of owners in the area. He stated, under this ordtnance, the non-conforming uses would be allowed to continue and could be rebuilt to their present allowable setbacks, if they were dama9ed or destroyed. He stated they could not, however, increase the size of the structure. Mr. Boardman stated the special zoning district would allow the existing multiple and commercial uses to remain, but they could not expand nor could there be any new multiple or commerc�al units. Mr. Boardman stated the lot area size would be set at 7,500 square feet. ' Th�s would pertain to new as well as old lots. The lots would not be less than 60 feet, but could be 50 feet, if the lot was platted 6efore 1955. He stated lot coverage, setbacks, building hetghts are primarily the same as the normal R-1 zoning district. He stated the minimum floor area was reduced from 1,020 feet to 768 square feet. He pointed out these are the primary cPianges and differences between the special zoning district and the P,-1 zon�ng district. Mr. Boardman stated, under site improvements, the City is attempting to try and improve the exterior development of the area. Mr. Herrick, Ctty Attorney, stated he reviewed the ordinance and made several suggestions for changes and assumes they have been incorporated into the ordinance. Mayor Nee raised the question of including the three residential dwellings on the South side of 57-1/2 in this special zo m ng district. Mr. Boardman stated this was discussed by the Planning Commiss�on at the public hearing. However, the staff recommended these lots not be included as it was felt those properties should be developed as commercial and shouldn't continue as residential uses. Councilman Fitzpatrick questioned if the lots would develop commercially, ' as they are presently 6eing used for residential, and because of their size, he didn't really see it as a potential commercial development. He felt spot zoning didn't apply in this case 6ecause it is contiguous to the area in quest�on. Mr. E. Gurbord, 5847 2-1/2 Street N. E., stated he has lived in this area for 30 years and has a 40 foot lot and the only way he can sell it is to have it zoned commercial. il�� PUBLIC HEARING MEETING OF P9AY 8, 1978 Page 8 He stated someone cou1d come in and buy several lots to develop as commercial property. He indicated he was opposed to the rezoning and wished his land to remain commercial. Mr. Boardman stated the problems Mr. Gurbord may have is that his residence is presently a non-conforming use and, if something happened to his home, he could not rebuild. He felt the only way he could sell the property commercial � is to have several adjacent lots sold also Ms. Theresa Abitz, 216 57th Place, indicated she didn't want her property to remain as commercial, as she didn't have any way of selling it unless it was rezoned to residential She stated, even with the ad�oining property, there isn't enou�h for commercial development. She spoke �n favor of the rezoning. Ms. Helen Szyplinsk�, 233 57th Place, indicated she was deftnitely in favor of rezoning back to residential. Mr. Mart�n Dykhoff, 5810 3rd Street, indicated he was in favor of rezoning back to residential. Ms. June Perleberg, 5948 2-1/2 Street, indicated she was in favor of the rezoning back to residential. Mr. William C. Zawislak, 2630 Grand St. N.E., stated he was against the re- zoning. He stated he sold his lots as commercial property on a contract for deed and now they are qoing backwards with the rezontng to residential. The lots which Mr. Zaw�slak were referring to were Lots 21, 22, and 23, Block 21, between 5807 and 5832 3rd Street. Mr. Bob Waralin, 6024 2-1/2 Street, indicated he was in favor of the rezoning. Ne stated he has lived at thts address since 1958 and has seen the area sit in l�mbo. He stated about 75% of the residences are single family homes and � felt, if the rezoning was approved, people would improve the area. He stated the majority of the residents were in favor of the rezom ng and feels it would be a mistake not to go ahead with it. Mr. Otto Tauer, 5866 2nd Street, stated he became involved on the volunteer committee and anyone who owns property in th�s area would probably be better �bff to have this rezoned res�dential. He stated he believes the Hyde Park district is destined to be a residential area and spoke in favor of the rezoning. Mayor Nee questioned the amount of resident�al uses in the Hyde Park area. Mr. Boardman stated about 85 to 87% is residential, which includes the multiple uses, and it may be even higher than that figure. He stated most of the vacant lots are not large enough to develop as commercial, unless more than one lot was acquired. Ms. Darlene Smith, 8302 4th Avenue, Lino Lakes and owner of property at 5981 Main Street, stated she received notice that through some government program certain people would be eligble for financing to improve their homes. She felt, if the taxes were lowered, people would use that money to improve their property. Mayor Nee explained the State law b�nds the City on not being able to have unequal taxation. Ms. Smith asked if the taxes would be lowered if area was rezoned from commercial to residential. Mr. Boardman stated he understands the taxes remained the same when the area was rezoned to commercial, but is not certain how the taxes would be affected, if it is rezoned back to residential. May,or Nee stated it would affect the market value of the property and if the market value goes up, chances are the taxes will also go up. � ''r PUBLIC HEARTNG MEETING OF MAY 8, 1978 Pa9e 9 Mr. Qureshi, City Manager, stated if the quality of the area increased, this would tend to have the effect that her property would become more marketable and if that is true, taxes would go up. Mrs. Pearl Bradley, 5861 W Moore Lake Dr�ve and owner of properties at 5900- 5908-5916 2-1/2 Street, stated she was in favor of the rezoning. Mr. Ted Marr, 6055 2-1/2 Street, stated he was definttely �n favor of the re- zoninq. ' Mr. Bob Ecker, 5940 3rd Street, stated he was in favor of the rezoning. Ms. Pat Gabel, 5947 2-1/2 Street, stated a lot of compromise was put into this rezoning. She stated there are nearly 200 structures in the Hyde Park area being used for res�dential purposes and three commercial structures. She stated, with the present commercial zoning, people cannot add on to their home because the�r homes are non-conforming uses, She felt this shouid 6e taken into consider- ation regard�ng the rezoning Ms. Gabel stated she was �n favor of the rezoning. In a show of hands on how many persons were in favor of the rezon�ng, ahout 20 persons indicated they favored rezoning to residential. On the other hand, two persons indicated they were opposed to the rezoning. Mayor Nee advtsed the residents that actton on thfs rezon7ng would be taken at the next Counctl meeting on Monday, May 15, 1978. MOTION by Councilman Fitzpatrick to close the Public Hearing. Seconded by Councilman Barnette, Upon a voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously and the Public Hearing closed at 10:20 p.m. RECESS. A recess was called 6y Mayor Nee at 10:20 p.m. RECONIIENED: The Public Hear�ng Meeting was reconvened at 10:38 p.m. All Council members were present. PUBLIC HEARING ON FINAL PLAT, PRELIMINARY SUB�IUISIOfJ P. S. 78-03. EAST RANCH MOTION by Councilman Hamernik to waive the reading of the Public Hearing notice and open the Pubiic Hearing, Seconded by Councilman Schneider. Upon a voice vote, all vottng aye, May�r Nee declared the motion carried unanimously and the Public Hearing opened at 10:38 p.m. Mr. Sobiech, Public Works Director, stated th�s plat involves a replat of the Northwest quadrant of Osborne Road and Main Street. The proposed plat calls for three lots He stated Lot 2, being the most southwesterly lot, was under discuss�on for i�ezoning. Currently, Lot i is occupied by Frank's Nursery and one of the stipulations of the Planning Commission was that Lot 1 be recortled as part of the platting for Frank's Nursery. Mr Qureshi, City Manager, questioned the zoning on Lot 1. � Mr. Sobiech stated it was zoned M-2, however, a special use permit has been � issued for the outside storage_ He felt it shou7d all be zoned commercial and made into one parcel and the Planning Commission wanted to insure that it is properly described as one parcel. Mr. Sobtech stated the Council has a plat before them which indicates a substandard lot and staff recommends �t be approved and attached to the other property to insure there aren"t any substandard lots. � L.� � PUBLIC HEARING MEETING OF MAY 8, 1978 Page 10 1Q3 Mr Sobiech also stated, in order to properly serve Lot 2 for sanitary sewer, additional easements would be needed, as recommended by the Planning Corrmnssion. Mr. Sobiech explained there are some code requirements that have to be met such as certain screening requirements between districts and a drainage plan. He stated the architect for Marquette State Bank has drafted a drainage proposal which is satisfactory with staff, but wasn't discussed with the property owner. He stated staff is looking for a drainage plan that would retain or detain the run-off. Mr. Sob�ech stated the question was raised if it would be possible to minimize some of the blacktop by reducing the number of service drive-in lanes or parking stalls Mr. Laing, representing Marquette State Bank, stated the convenience factor is paramount to their operation and having the ability to expand to that number of parking spaces is important. He stated it is conceivable they could come up with some additional green area. He stated, basically, they want as much customer accessibility as they can possibly get. Mr. qureshi, City Manager, stated the staff would work to resolve the drainage problem and he wanted to make sure there is a reasonable zoning separation area between the properties. He stated that Lot 1 does not meet the code so it should be processed as a rezon�ng and attached to the other parcel. No persons in the audience spoke for or against this proposed plat. MOTION by Councilman Hamernik to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 11:00 p m. PUBLIC HEARING ON FRI�LEY COMPREHENSIYE PARKS AND OPEN SPACE PLAN- MOTION by Councilman Schneider to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilman Hamer m k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantraously Mr. Boardman, City Planner, stated Mr. Leek of the Planning �epartment wovld present a short slide presentation which covered pictures of various park facilities in the metropolitan area, Mr. Boardman then reviewed the Comprehensive Parks and Open Space Plan with the Council, outlining the highlights of the Plan. In reviewing the 9oals and ob�ectives, he stated, although they are broad, it gives direction on what the City wants the park facilities to be in the future. Mr. Boardman stated, when they first started work�ng a Comprehens�ve Parks and Open Space Plan, the City was divided into 13 neighborhoods and Pro,7ect Committees were set up by the Parks and Recreation Commission for these neighborhoods. Mr. Boardman stated they have had both good and poor response from the Pro,7ect Committees. Mr. Boardman stated the section regarding the needs of the neighborhoods was based on population, age groups, etc. He stated the summary of findings was based on the inventory and analysis. Mr. Boardman stated, at the public hearing meeting held by the Planning Commission on this plan, there was a feeling the Plan was negat�ve The Commission requested there be a statement in the Plan, before the Summary of Findings, to point out some of the strengths of the parks and recreation program, rather than the negative aspects. Mr. Boardman stated he felt they do this with the initial statement under the Summary of Ftndings. �n� PUBLIC HEARING MEETING OF MAY 8, 1978 Page 11 Mr. Boardman stated the policies and recommendations were based on the ob�ectives. He stated, hopefully, these recommendations will be followed tn implementation of the Plan. He felt the Plan gives the Parks and Recreation Director and Council some direction to follow in development of a park system for the City Mr. Boardman stated there was a page and map in the Plan covering acquisitions, but at the request of the Planning Commission, it was taken � out. He stated, when the public hearing was held before the Planning Comm�ssion, there were a number of residents in the Nyde Park area who opposed acquisition in their area. Mayor Nee asked if this was the only area where acquisitions were proposed. Mr. Boardman stated there were several other areas and reviewed these wtth the Council. Dr, Boudreau, Parks and Recreation Director, felt this Plan provides a gaideline to a future park system. He believed the Plan gives the City the flexi6�l�ty to develop a truly good system of parks and open space for the City. He stated staff would be recommending a site plan before any park goes in and felt they have had very posttive results in the Ben�amin-Briardale area. In referring to Page 7 regarding visual areas and facilities, Councilman Barnette brought up the question of snowmo6ile areas, b�ke routes and golf, which was left out entirely. He stated another area might be cross-country skiing. �r. Boudreau stated they do develop cross-country ski areas in the winter months and also provide instruction. He stated, last year, the Sears property was used for snowmobiling. How��ver, he is not sure this is a prime � respons�bility of the Parks and Recreation Department to provide such facilities as there are ordinances which discourage the use of snowmobiles in the City. Mr Boardman stated, regarding the bike routes, eventually they will be in Locke Park, but currently City streets are being used. Councilman Barnette asked if they planned to pursue the golf activity. Dr. Boudreau stated they would like to do a complete study before any recommendation was brought back on a golf fac�liiy. He stated they would like to look at the cross-benefit to the community and if it could be self-sustained. Councilman Fitzpatrick felt the Plan has more of an inventory and some generalized goals and ob�ectives and not really a Plan. He cited, for instance, taking out the acquisition part is an example of what he is referring to. He stated, as he read this, he kept looking for the Plan and didn't feel he ever came across it. Councilman Fitzpatrick referred to Page 8, where neighborhood parks are described by the radius of a circle. He felt they should be described more by barriers rather than radii. As an example, he pointed out there is an area South of Locke Lake that, according to this map, would seem to be fully serviced by two neighborhood parks and partially serviced by a third one, ; which, in fact, is not serviced by any. He felt the map was misleading on how the City is served by neighborhood parks. He stated he also agreed wtth the Planning Commission's comment that the Plan is negative as he felt it left that impact. He felt, if the Council is accepting a document for what �t is, then thts is fine, but if this is the definitive statement on what their Parks and Open Space Plan �s, he is not prepared to take action on it � � il PUBLIC HEARING MEETING OF MAY 8, 1978 Page 12 Counc}lman Schneider stated he generally felt it was a well-wr�tten document. He stated he was sorry to see the part on acquisition removed from the Plan, even though it is the more controversial part of it. He stated he also felt the Plan was somewhat negat�ve. He stated, in rereading it, �t is negative to some extent, but not sure it would serve a whole lot of purpose, if it was concentrated on the good points. He stated attention had to be drawn to the weak points and not sure that this is the wrong approach. , Councilman Schne7der a1so felt the maps on Pages 8 and 9 were misleading. Councilman Schneider stated, in reviewing the summaries, in a few cases, the schools that will be c7osing were still left in the Plan. Mr. Boardman stated the schools were not taken into consideration when referring to park acreages. Mr. Leek explained that the acrea9e was not ad,7usted in the considerations. Councilman Hamern}k stated he had commented on the Plan at the Planning Commission hearing and in going over the Plan, the question in his mind is really what they are going to do with it. He felt the proposal was very 9eneral and, basically, any specific change or addztion in lmplementat�on of the Plan has to be brought before the Council for approval and it would involve, to some extent, a fair expenditure. He stated he hoped, if the document �s adopted, some of the things in the Plan don't come back to haunt the Counci7 He stated he felt more comfortable with the Plan presented this evem ng than the one presented to the Planning Commission. He stated, as far as the portion on acquisitton, most of the reference has been removed and felt, for completion of the Plan, acqu�s�tion should probably be considered in some areas, however, the manner in which it was approached originally caused the great degree of � concern. He felt acquisition could be part of the considerations in development of a park system. He felt they originally tried to be too specific in areas of acquisition. Mayor Nee quest�oned whether or not this was an adequate procedure for the public hearing or if the Plan should be circulated. Mr. Boardman stated the Plan was clrculated to the service organizations, but dtdn't know if a publ�c hearing notice was sent out for this meeting. He stated there was a notice sent out, however, for the public hearing before the Planning Comm�ssion. Mr. Boardman stated, before the Plan �s submitted to the Metropolitan Counc�l, there will be a publtc hearing on this as well as all the other plans developed which comprise the overall comprehensive plan for the City. Mayor Nee questioned how the Plan would be used. Mr. Boardman stated the main purpose of the document �s to give direction on the way to go �n implementation of some programs. He explained thls plan does not commit any fund�ng, but the document that would involve acquisition and any spending would be the capital improvements plan. Councilman Fitzpatrick stated he would really like to see a colored map � of what areas realistically are served by neighborhood parks. Mr. Boardman felt this was a good point and a map would be needed showing - where the 6arrters are and showing what k�nd of access problems they have Councilman Schneider stated, in looking at this Plan, one would say there isn't any need for the Plan and everyone has a park nearby and yet we know this �sn't true. i u); PUBLIC HEARING MEETING ON MAY 8, 1978 Page 13 Mr. Otto Tauer, 5866 2nd Street, stated he had hoped "barriers" meant that there should 6e a distance between a person's home and a park. Mr, Tauer reviewed the complaints he had about the park adjacent to his property. He stated he had to call the Police Department three times in the last week. Mr. Tauer stated at the pu6lic hearing meeting before the Plann�ng Commission on the Parks and Open Space Plan, citizens were angry about acquisition for Skyline Park because they thought their homes were going to be taken. He , stated the citizens want the park to be located on the Burlington Northern property, West of Main Street. Mr. Tauer stated, in his situation, he measured the distance from the wall of his residence to the fence, which was 29 feet and another 15 feet or so to the slide in the park. He stated there is no way he can live with that. He felt the park now was inadequate and if it can't de enlarged, it should be moved to Main Street Mr. Tauer stated in check7ng the petition circulated in 1971 for Skyline Park, he found out the park was supposed to be located somewhere else. He felt the park was inadequate and there are too many kids in the park Mr. Tauer stated the residents are going to form a neighborhood council regarding the park facilities and he is happy the City is recognizing that something should be done to the parks. No other persons in the audience spoke for or against this proposed Parks and Open Space Plan. MOTION by Councilman Fitzpatrick to continue the public hearing on the Comprehensive Park and Open Space Plan to the first meetina in June. Seconded by Councilman Schneider. lJpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Pl1BLIC HEARING OPd AN ON-SALE LIOUOR LICENSE AND A SUNDAY LI MOTION by Councilman Schneider to waive the reading of Public Hearing notice and open the Public Hearing. Seconded 6y Councilman Barnette. Upon a voice vote, all voting aye, h9ayor Nee declared the motion carried unanimously and the Public Hear�ng opened at 12:13 a.m. P1r. Brunsell, City Clerk, stated the various City departments have recommended approval of these liquor licenses. He stated the only question is what would have to be done to the building itself. Mr. Wyman Smith stated the applicants are aware what has to be done inside the building to bring it up to code. He stated he doesn't really represent them, but Mr. Saliterman. He stated Mr. Saliterman has talked with the applicants on items they want done and feels this will be complied w�th Mr. Smith stated, in talking with Mr. Sobiech and Mr. Oureshi, they will come up with a plan for improvements that will gradually be completed. He anticipates there will 6e some additional blacktopping and more green area. The applicants for the liquor license presented a tentative floor plan for their business. Mr. Cappelletti stated they would have a family-type restaurant serving American and Italian foods. He stated they plan to have a meeting room to accommodate groups from 50 to lOD persons. No other persons in the audience spoke for or against the issuance of these liquor licenses. MOTION by Councilman Schneider to close the public hearing. Seconded by Counc�lman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 12:25 a.m. , � CJ � � PUBLIC HEARING MEETING OF MAY 8, 1478 FJ� Page 14 "ON-SALE" LICENSE TO EIKELAND FOR THE PROPERTY MOTION by Councilman Schneider to waive the reading of the Public Hearing notice and open the Public Hearing Seconded by Councilman Hamernik. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unan�mously and the Public Hearing opened at 12•26 a.m. Mr. Brunsell, City Clerk, stated this is a request for a 3 2 beer license, and the applicants are not applying for a wine license, which was previously held. He stated the various C�ty departments have recommended approval of the license. Councilman Hamernik quest�oned if the requirement for a sprtnkler system would apply, if there is no intoxicating 17quor sold. Mr. Sobiech stated this requ�rement is in the intoxicatrng liquor license ordinance. Councilman Hamernik asked if they were planning to maintain, basically, the same type of operation. Mr Eikeland stated it would basically be the same, with probably some changes in the menu. No persons in the audience spoke for or agains� the issuance of this l�cense. MOTION 6y Councilman Hamernik to close the Public Hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 12�29 a.m NEW BUSINESS• CONSI�ERATION OF PREAPPLICATIDN FOR COMMUNITY DEVELOPMENT BLOCK GRANT: Mr. Boardman, City Planner, stated this is a preapplication for a commum ty development block 9rant which they are proposing be submttted to NUD on May 15, 1978. Mr. Boardman reviewed the requirements which had to be met in applying for the grant. He s�ated the fact sheet states the amount of funds applied for which is $1,500,000. Mr. Boardman stated they must ldentify a need �n a ne�ghborhood strategy area. He stated this involves two or more activities that are in direct relation to each other. Mr. Boardman then reviewed the area covered by the application for the commum ty block development grant. He felt what HUD is looking for under the block 9rant program is a neighborhood service center or lease of Parkview School. He stated the City will 6e subm�tting an application for a multi-year program. He felt HUD would probably look at the application and drop the City to a single purpose program and maybe fund one item. Mr. Boardman stated, before the preapplication is submitted, staff would want to expand in the area of needs and problems and submit more information. MOTION by Councilman Fitzpatrick to approve the preapplication for the community development block grant. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. i� , PUBLIC HEARING MEETING OF MAY 8, 1978 CLAIMS Page 15 MOTION by Councilman Barnette to author�ze payment of Cla�ms No. 121A30 through 123993 Seconded by Counc�lman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING BIDS FaR NEW ENGIPdE FpR FIRE PUMPER 388: MOTION by Councilman Schneider to receive the bids on the new engine for Fire Pumper 388. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously . MOTION by Councilman Schneider to award the bid to Interstate Detroit �iesel, the low bidder meeting specifications. Seconded by Councilman Fitzpatrick. Mayor Nee stated he felt this equipment from Detroit Diesel takes a special oil since it is a two-cycle engine. Mr. Brunsell, C�ty Clerk, stated the City does have other equipment manufactured by Detroit Diesel. UPON A VOICE VOTE TAKEN ON THE MDTION, all voted aye, and Mayor Nee declared the motion carried unanimously. ADJOURNMENT MOTION by Councilman Fitzpatrick to ad,7ourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing Meeting of the Fridley City Council ad�ourned at 12 55 a.m. Respectfully submitted, v �(�6 L'd�L✓ ���� �4-'V Carole Haddad Secy. to the City Council Approved June 5, 1978 ��%Q��C�O.w�� 4 " R' William J. Nee Mayor ' LJ '