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11/10/1969 - 00019136G� THE MINUTES OF THE 5P�CIAL PUBLIC H�ARING P1��TTNG OF NOVEMBER 10, 1969 � Mayor Kirkham called the Special Public Nearing Meeting of November 10, 1969 to order at 7s30 P.M. PLEDGE OF ALLECIANC�: The Council and the audience joined in saying the Pledge of Allegiance to the Flag. ROLL CALL: M�MBERS PRrSENT: Harris, Samuelson, 5heridan� Kirkham MEMBERS ABSENT: Liebl ADOPTION OP AG�NDA Councilman Harris reported that i� the Council wished, he was ready with the appointment to the Parks and Recreation Commission. The person he had asked has given him an answer. MOTION by Councilman Samuelson to adopt the Agenda with the addition of 6A: Appointment to the Parks and Recreation Commission, Seconded by Council- , man Sheridan Upon a voice vote, all voting ape, Mayor Kirkham declared the motion carried. PUBLIC HEARING POR BRENTWOOD ESTATES� REVISED� FINAL PLAT P.S. #69-07 BY THOMAS SWANSON: Mayor Kirkham read the Public Heara.ng Notice aloud, Mr. Gordon Sangster, 7169 Rivervie�a Terrace, presented the Council with Petition �41-1969 and read it aloud. PP,TITION #41-1969 ^ TO P10DIFY FINAL PLAT BRENTWOOD ESTATES (P.S. #69-01) AND FINAL PLAT BRENTWOOD L'STATES 2ND ADDITTON (F.S. #69-07) TO BRING ACCESS TO TH� PROPERTY FROM P�AST RIVER ROAD RATHER TI3AN FROM RIVERVIEW ^1ERRACE: C40TION by Councilman Samuelson to rece�.ve Petition #41-1969. Seconded by Councilman E-?arris. Upon a voice vote, a11 voting aye, P4ayor Kirkham declared the mot�on carried. The City Engineer showed the area on the screen and explained that there is a studq of East River Road, and the proposal is to try to eliminate all left hand turns except at signals. Hopefully there will be a signal at 71st Way £or the school, which would serve the area to the north. A11 the property in this area is residential. The Planning Commission recommended approval of the plat as shown subject to the dedication of the necessary easements. There are eight lots in the plat core area. He explained that there are some homes � that are now being served with the private easement which have access onto �ast River Road, and if the plat is approved, there would have to be some lcind of turn-around at the East River Road end, and they would then have access to Rlverview Terrace. 4` �J �r a PUBLIC HEARING MEETING OF NOVEMBER 10� 1969 PAGE 2 � Councilman Sheridan asked how wide the existing easement is. The City Engineer said that there is 18' of private easement, but there has been some right of way already acquired from the :,chool and there would be about 39' of right of way for access to the plat. Councilman Sheridan said that to honor the petition, he would suggest that the east--west road be made one way going east. This would help eliminate some of' the traffic. The City Engineer said that engineering-wise, this would not be the best solution, but may prove to be an adequate compromise. If coming fx'om the north, the cars would then have to enter the area from the signals at 71st Way. Mayor Kirkham asked if the school can be served from 71st Way. Mr. Sangster said not the way it is now. It is an entrance to the school, but not to the service entrance. The dirt road is used for service deliveries, fIe said that he felt that a one way street may be more ob�ectionable. He did not really understand why the ob�ection to left hand turns as there axe other parts of East River Road which need left hand turns into private residences. This srtuation has existed for many years and to improve the road would only make matters worse. The City Engineer explained that the City and the County has been trying to ela.minate all left hand turns except at signalized intersections. If the traffic can be discouraged from using this entrance, it would be advisable. East River Road has a high traffic aceiclent count. Councilman Harris commented that he could not see where eigh�. residential homes could create such a traffic hazarcl as Mr. Sangster has been indicating. Mr. Sangster pointed out that in bad weather the parents drive the children � to school and the traffic gets quite heavy. There are also school children walkinq to school. The cars use the cul�de^sac now as a turn-around, and he felt sure that they would continue to do so after rt is improved. Council- man Harris said that this would seem to eliminate some of the trafFic if they cannot get back onto East River Road, they would use the 71st Way signal. Mr. Sangster said that he felt that the cul-de-sac would sti11 Ue used as the turn-around. He added that Mr James TYiayer, District #14 School Board, had wanted to come tonight, but was unable to do so. MOTION by Councilman Samuelson to close the Public Hearing on the plat, Brentwood Estates Revised requested by 'I'homas Swanson. Seconded hy Councilman Harris. Upon a voice vote, all voting aye� Mayor Kirkham declared the hearing closed at 7•50 P.M. PUBLIC HEARING ON PRELIMTNARY PLAT P,S. #69-ll� ANDERSON DEVELOPMENT� BY ANDERSON TRUCKING SERVIC�� INC. Mayor Kirkham read the Public Hearing Notice aloud and the City Engineer showed the area on the screen and explained that this is in the southwest auadrant of Central Avenue and Osborne Road. There is light industrial zoning, and there are five lots proposed. Anderson ➢evelopment plan on using one lo� themselves. The plat meets all the requirements, and has 200' X 250' lots with the corner 1ot being 250' X 270'. Councilman Samuelson asked about storm sewer. The City Enga.neer said that there is already a storm sewer outlet available at Fireside Drive and when the area develops � the storm sewer would have to be extended to serve the p1at. Mayor Kirkham asked if there was any member of the audience that wished to speak, with no response. MOTION by Councilman Harris to close the Public Hearing on the Final Plat, Anderson Development, requested by Anderson Trucking Service, Inc. Seconded G� SPECIAL PUBLIC HEARING ME�TING OF NOVP.MBER 10� 1969 PAGE 3 by Councilman Samuelson. Upon a voice vote� all voting aye, Mayor Kirkham , declared the motion carried and the hearing closed at 7;55 P.M. POBLIC HEARING ON VACATION SAV #69-07 BY FIVE SANDS: Mayor Kirkham read the Public Hearing Notice aloud and asked if any member of the audience wished to be heard, A member of the audience asked what streets there were The Czty Eng�neer showed the area on the screen and pointed out the streets to be vacated, and explained that these are stub streets and are not necessary to the plat as the development has their own internal traffic pattern. He pointed out that the C3t� will need some easements at the easterly end for a turn-around until the City zs successful in getting the crossing over the railroad tracks. MOTION by Councilman Harris to close the Public Hearing on the vacation requested by Five Sands. Seconded by Councilman Samuelson. Upon a voice vote, all voting ayE, Mayor Kirkham declared the hearing closed at 7�59 P.M. Mr. Dolan, representing Five Sands then arrive and Councilman Samuelson explained the proceedings thus far MOTION by Councilman Samuelson to reropen the Public Hearing. Seconded by Councilman i-iarris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. Mr po1an formally withdrew his request for vacation of the westerly street, ' as they p1an to include the street into their plans. This is the street between B1ock 1 and B1ock 2 oE Pearson�s lst Addition. The City Engineer explained to Mr. Dolan that the easement is still necessary for the easterly turn-around, and Mr. Dolan agreed to make this dedication. MOTION by Councilman Harris to close the Public Hearing for the vacation SAV #69-07 requested by Five Sands. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried PUBLIC HEARING ON THE VACATION REQUEST SAV #69-10 BY THOMAS ALBERS Mayor Kirkham read the Public Hearinq Notice. Mr. J B. Pollard, 1376 Highway #100 N.E., said that he lives on Lot 1, Subdivision of Lot 10 and is ad7acent to Johnson Street. He said that Johnson Street was abandoned by Rodney Billman during the development of the area. The Crty has made no attempt to maintain the street, There was a petition at one time for something to be done about it, and the City did put down black dirt and cultured sod and he said that he has taken care of it since. He also had his yard landscaped. Sohnson Street is now used as a play ground which helps keep the children out of his yard. He said that he would like to go on record as not wanting the land back. He wondered why the City is suddenly thinking of vacating the street when it has sat as it is for so many years. The City Engineer explained that this vacation was not inrtiated by the City ' but by a petitioner The owner of some land would l�ke to build a garage and he did not have enough room. The petitioner was Thomas Albers, Lot l, Block 2, Swanstrom's Court. He explained that if it was vacated, the City would have to have an easement as there is a 14" water main running in Johnson Street. �� SPECIAL PUBLIC NEARING NIEETING OF NOVEMfIER 10, 1969 PAGE 4 � Mr. Thomas Albers� 1390 Skywood Lane, eaplained that he made the request for the vacation of that part of Sohnson Stseet adjacent to his property. There is not enough room to build a double cax attached garage. If he put his garage in the back yard, then his children would not have much room for play. He said that he only needed an additional 10 feet, so with the easement, he would still have enough room if the vacation tiras granted. His request was only for that portion ad7acent to him, but the Planning Commission at their Public Hearing decided to include all of Johnson Street as it is not travelled. He said that he found that the taxes on the additional footage is a nominal amount. He commented that he had not meant to create any turmoil in trying to upgrade his home� and that he hoped that the Council would honor his request. L._.� Mr. Raymond C. Prestemon, 1391 53rd Avenue N.E., said that he has Lot 18, Block 2, Swanstrom's Court (south of Mr, Albers�. I-te wished to go on record as stating that he did not want the property back He wondered whether he would have to pay taxes on only that part he could use or the entire amount including the easement. Mayor Kzrkham told him that the taxes would be on whatever portion reverted to him. Councilman Sheridan said that he thought there may be a problem. As he recalled, prior to the filing of the plat, Sohnson Street was in existance. If this is the case, then the property will revert back to Mr. Shields as original owner of the land, xathex than to the plat. If the City chose to vacate Johnson Street, then Mr. Albers would have to negotiate with Mr. Shields for the land. Mr. Pollard read from a statement he had saying that Mr, Shields did dedicate roads and streets as shown in the plat, and Johnson Street is one of them. Mayor Kirkham asked Mr. Albers how much land there is from the house to the lot line. Mr Albers said about 20' to 22'�', Then he would have to meet the side yard requirements. Mayor Kzrkham suggested that perhaps a variance could be obtained from the Board of Appeals. There would be no problem with any ad7acent property owner as the easement is next to him. Mr. Albers pointed out that he also planned a 6' to S' breezeway between the house and garage. He said that he had not had the land surveyed as yet, until he finds out the results of the Public Heara.ng, The City Attorney suggested as there is a question whether the land was ever a part of the plat, that the City Engineer and himself check it out and report on the findings. This will determine who the land reverts to. It was agreed by the Council to move on to other items and come back to this when the City Attorney and City Engineer have the information. ORDINANCE #442 - AN ORDINANCE ADOPTING THE BUDGET FOR THE FISCAL YEAR 1970 MOTION by Councilman Harxis to adopt Ordinance �442, waive the reading and order publication. Seconded by Councilman Samuelson. Upon a roll ca11 vote, Harris, Samuelson, Sheridan and Rirkham vota.ng aye, tviayor Kirkham declared the motion carried. � APPOINTMENTS• Cathryn J. Stordahl Accounting Machine $340 Replaces 10110 Dogwood Street N.W. Operator Per Florence Coon Rapids, Minnesota Month Engelbrecht 3� SPECIAL PUBLIC HLARING MEETING OF NOVEMBER 10� 1969 PAGE 5 MOTION by Councilman Samuelson to approve the appointment. Seconded by , Councilman Harris Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried Councilman Harris said that as there is a Parks and Recreation Commission meeting next Monday night, if the Council wishes, the appointment could be made so the new appointee could attend his first meeting. The rest of the Council voiced na ob7ection. MOTION by Councilman Harris to appoint Mr. C1iP£ord Ash, 460 Rice Creek Boulevar�. Seconded by Councilman Samuelson, Upon a voice vote, all voting aye, Mayor Kirkham declared the motion oarried. RECESS Mayor Kirkham declared a recess fxom 8:30 P.M. to 8 40 P.M. CONTINUED PUBLIC H�ARING ON TH� VACATION REQUEST BY THOMAS ALBERS, SAV �69-10 The City Attorney reported that Councilman Sheridan and Mr. Pollard were both right. North of Skywood Lane,JOhnson Street was not part of the plat and south of Skywood Lane it was. The land in question would, therefore, revert back to the plat. He suggested that Mr. Albers contact his attorney to request a title search to make sure the cursory examination is correct. MOTION by Councilman Samuelson to close the Public Hearing on the vacation � requested by Thomas Albers SAV #69-10. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried, VISITOR - THOMAS SWANSON, LOTS 3, 4, & 5, BLOCK 5, CITY VIEW ADDITION Mr. Thomas Swanson reported that the people who appeared at the last Meeting are no longer interested in building their home with the large gara�e on this property. He said that he would like to lauild a duplex, but was refused a building permit because his survey only shows 80', although he said that he does own Lot S which is a 40' lot also. Councilman Samuelson said that granting this permit would mean that the City would have to refuse a permit for the 40' lot, then it would go tax forfeit. A 40' lot does not meet the minimum requirements. P1r. Swanson then showed the plans at the Council table. Councilman Samuelson asked Mr. Swanson if part of the buildings could not be placed on Lot 5. Mr. Swanson said yes, but he preferred not to. Councilman Sheridan pointed out that the Council's ob�ection is not with the building, but rather with the remaining 40' lot. He asked Mr. Swanson what his ob- �ection was to placing rt on Lot 5 also. Mr. Swanson 3aid that he disagreed that this is an unbuildable 1ot as it was established when the subdivision was made and recorded The City Attorney said that this did not make any difference Mr. Swanson asked if this was ever tested in Court. The City Attorney said that he did not know, but if this were true, then the Council would have to issue permits on 25' lots. Councilman Samuelson said that as the plans are now, he would have to vote against it. Councilman Sheridan added that if all three , lots were included, in his opinion he would have no trouble getting a building permit. , � � SPECIAL PUBLIC HEARING MEETING OF NOVEMESER 10, 1969 PAGE 6 DISCUSSION REGARDING SPECIAL USE PERMIT FOR GOLF DRIVING RANGE, REQUEST BY ROGER JONES: The City Engineer explained that there tiias a need for some easements or an agreement to dedicate the easements. This land is undeveloped at present and there are no road patterns established. He said that he would suggest a 33' easement on the south, a 33' easement or� the west and a SD' easement facing University Avenue for the future loop. Councilman Sheridan asked who owns the property north of the driving range. The Crty Engineer replied Mx. Barbush. The City Attorney added that F[oger Jones is buying the land on a contract for deed. Councilman Sheridan said that rather than get an agreement Uetween Mr Barbush, Mr. Sones, and the City of Fridley for the future dedication cf the easements, why not 7us�t get the easements now. An agree- ment would not be binding if the property changed hands, but the easement would It was agreed by the rest of the Council that easements should be acquired Mr. Roger Jones then arrived at the Meeting and was informed that the Crty would like the ea5ements now and b4r. Jones had no ob7ection. He said that he would like the permit to run for a longer time than one year. He said that he understood that if a time was not specified that it would be for one year. He felt that as he was investing a considerable amount of money he would like to have some assurance that he could continue operations after one year. As the sewer, water, storm sewer and streets go in, the assessments will be so high, that an operation of this sort will be uneconomical, and the driving range will have to advance to a higher land use. Councilman Samuelson said that there was no motion made based on any one year premise, only that the concept was approved. He said that a permrt could not be issued until the final plans are approved. The concept approval gices Mr. Sones the ra.ght to go ahead and start grading etc. P4r Jones said that he did not as yet have a permit for the actual driving range. Councilman Samuelson said that the building permit and the special use permit will be considered together after the final plans have been approved. He told Mr. Sones that the next step is for him to submit the final plans. The City Attorney pointed out that a special use permit is for an indefinite time unless stated otherwise on the permit. Councilman Samuelson pointed out that if the ownership is transferred, then a special use permit is void. Councilman Sheridan said that the Counail would have the right to consider such facts such as, if he did not open for a year, or allowed weeds to grow wild, at the tune oF renewal. The City Attorney commented that as the Council has given concept approval and this means that he has the right to go ahead and grade the land, then they are committed to some extent to grant the permit. PROCLAMATION BY THE MAYDR OF THE CITY OF FRIDLEY PROCLAIMING VPTL'RAN'S DAY. Mayor Kirkham read the following proclamation, proclaiming Veteran's Day into the record: "PROCLAMATIOPS BY TI3E MAYOR OF THE CITY OF PRIDLEY� MINNESOTA� WHEREAS, the President of the United States, has asked that November 11, 1969 by observed as Veteran's Day, the day on which we salute citizens who have exemplified the highest tradition of crtizenship by serving in defense of this Nation, and ,- � �_ �� SPECIAL PUBLIC HEARING ML'ETING OF NOVEMBER 10, 1969 WHEREAS, the Governor of the State of Minnesota, has further requested all of the citizens o£ the State of Minnesota to observe Tuesday, November 11, 1969 as Veteran's Day, and and PAGE 7 WHEREAS, Veteran's Day is traditionally a day dedicated to peace; WHEREAS, Americans have always wanted peace and have been willing to fight to preser�e rt; and WHEREAS, peace lies at the very heart of our American principles. NOW, THEREFORE, I, Jack O Kirkham, Mayor of the City of Fridley, Minnesota do hereby call on a11 citizens of the City of Fridley to observe Tuesday, vovember 11, 1969 as Veterans Day. T request all citizens, all business enterprises, all Veteran's organizations, City officials and schools, to proudly display the flag of our Country and otherwise publicly commemorate Veteran's ➢ay by performing with appropriate rites in accordance with the permanent Veteran's ➢ay theme, "PEACE WITH HONOR". /s/ Jack O. Kirkham" ADJOURNMENT: MOTION by Councilman Samuelson to adjourn the Meeting. Seconded by Council- man Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the Special Public I-Iearing and Workshop Meeting of November 10, 1969 adjourned at 9:05 P.M. Respectfully submitted, � , r %��/9c-GC?�i ue1 Mercer Secretary to the City Council �1 ` ' s � � �/ �� ;�'/�,E-/�� �!� r J A ., ���'v`� �. _ 1 '� ack O. Kirkham � Mayor � � 1