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05/08/1972 - 00017451� `; c � � THE MINUTES OF THE SPECIAL PUBLIC HEARING MEETING OF MAY 8, 1972 The Special Public Hearing Meeting of the Fridley City Council was convened at 7:47 P.M „ May S, 1972. PLEDGE OF ALLEGIANCE: Mayor Liebl led the Council and the audience in saying the Pledge o.� Allegtance to the Flag. ROLL CALL: MEMHERS PRESENT: La.ebl, IItter, Bseider MEMBERS ABSENT: Mittelstadt ADOPTION OF AGENDA: Mayor Liebl said that �Chere were some changes to make to the Agenda as �ollows_ Receive a Communication £rom Mr. Don Savelkoul Ob7ecting to Assessment for tidest Moore Lake Drive. (St. 1971-2) � Receive Communication from Mrs. Ben Mathisen Ob�ectinq to Hex Assessment under St. 1971-4 Petition £or B1ock Party by Mrs. Aarvey Nelson, 409 79th Way N.E. Consideration o£ Park Land Acquisition, i.e. Lots 2& 3, Hlock 7, Edgewater Gardens. Remove The Resolutions Confirming the Assessments that Will be Heard Tonight. (St. 1971-1, St. 1971-2 and St. 1971-4) It was noted by the Council that they would prefer to wait a week befare con- sidering the resolutions to consider any ob7ections that may be raised at the Public Hearings. MOTION by Councilman Breider to adopt the Agenda as amended. Sewnded b� Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried PUBLIC HEARING ON LIQUOR LICENSE FOR 6161 HIGHFIAY #65, GEORGE KANAVOS, WILLIAM A. NICKLOW AND JAMES A. NICKLOW, SHOREWOOD INN, INC.: (RENEWAL) Mayor Liebl read the public heara.ng notice aloud and asked i.f there was anyone in the audience or on the Council who wished to comment, with no response. MOTION by Councilman Breider to close the puk�lic heartng on the liquor license renewal for Shorewood Inn, Ine. Sewnded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried. � PUBLIC HEARING ON LIQUDR LICENSE FOR 3710 EAST RIVER ROAD, GEORGE NICKLOW, GEORGE IS IN FRIDLEY: (RENEWALJ Mayor Liebl read the public hearing notice and asked i£ there was anyone present who wished to speak, either for or against, wrth no comments. ��� �a 1 � SPECIAL PUBLIC HEARING NIEETING OF MAY 8, 1972 PAGE 2 MOTION by Councilman Breider to close the public hearinq on the liquor ' license renewal for George Is In Fridley. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried, and the hearing closed at 7:58 P.M. PUBLIC HEARING ON LIQUOR LICENSE FOR 7440 CENTRAI� AVENUE N.E., GLENN FIRESIDE RICE BOWL: (NEW) MOTION by Councilman Utter to dispense with the reading of the public heaxing notice. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried. Mr. Tom Manthey o£ Dorsey, Marquart, Windhorst, West & Halladay, attorneys for Howard Johnson's, said that Howard Johnson's also had a pending liquor license application. According to what was said at the hearing, it appeaxed that Mr. Wong had previously proma.sed the City Council that he would upgrade and improve his present restaurant as a part of his undertaking to obtain an off-sale liquor license. Apparently Mr. Wong had £ound that such upgrading and ]3Clprovesnent was not possible at his present location and he indicated that he had not as yet acquired a site for the construction o£ a new restaurant, although he intended to proceed to locate such a site and to build a new restaurant. Mr. Manthey said he understood that there was no new site acquired at this time. He said he would like to ask, on behalf of Howard Johnson's, that a deadline bw imposed and that if a site is not acquired and construction not completed, a license would not be granted. He said Howard Sohnson's would also like to � conta.nue to be considered. Mr. Manthey said that the Ground Round would be happy to meet with the Council to discuss any facet of their operation. Mayor Liebl said that Councilman Breider made the motion to call the public hearing Por the issuance of the two liquor l�.censes, but the Council has not given erther of them yet. The Council has asked Mr. Wong to make certain commitments so that he would quali£y for a liquor license. MOTION by Councalman Breider to close the publac hearing on the new liquor license application by Glenn Wong for the Eireside Rice Bowl. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried, and the hearing closed at 8:01 P.M. PUBLIC HEARSNG ON LIQUOR LICENSE FOR 6490 CENTRAL AVENUE N.E., WILLIAM F. WEISS, SANDEE'S C.AFE: (NEW) MOTION by Councilman Breider to waive the reading of the public hearing notice. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried. Mayor Liebl declared the hearing opened, asked if there was anyone present who wished to comment, and asked Mr. Weiss if he was still interested. Mr. Weiss replied he was. MOTION by Councilman Breider to close the public hearing on the issuance of a � new liquor license to William Weiss, Sandee`s Cafe. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried and the hearing closed at 8:03 P.M. �$� SPECIAL PUBLIC HEARING MEETING OF MAY 8, 1972 PAGE 3 ' PUBLIC HEARING ON ASSESSMENT ROLL FOR ST. 1971-1 AND ST. 1971-2 STREET IMPROVE- MENT PROJECTS: The City Manager read the public hearing notice aloud at the request o£ Mayor Liebl. The streets will be discussed individually in the order as they appear in the hearing notice. 4th Street: 53rd Avenue to Outer Drive of Interstate #694 The City Engineer showed a map o£ the area on the overhead pro�ector and said that the people were given a preliminary estimate of $14.90 per front foot, now the assessmen-t is proposed to be $9.31 per front foot, which amounts to a sizeable reduction. There were no comments on the improvement of 4th Street from the audience. Sth Street: 53rd Avenue to 54th Avenue The City Enga.neer said this was the same type of improvement with the same estimated rate, and pointed out that the $9.31 figure represents over a$5 savings over the preliminary estimate. Mr. Richard Byers, 5300 Sth Street N.E., asked how the sideyard assessment was spread. The City Assessor said rt was spread =, way up the block from the wrner and showed the area on the map. Mr. Byers said that they must take a whole area � and divide up the cost because there was only about 1/3 the amount of work done on Sth Street, as was done on other streets. He said he had no ob�ection, he was 7ust curious. He was told that the streets in a certain area are lumped together and the assessment spread evenly. Mrs, John Vagovich, 5400 4th Street NE, said that she caas under the impression they were to have sod and some driveway work, but there was nothing done, and they had to do the work themselves. There was some dirt dumped in, but it was full of quack grass that she had to take out. 5he said she hated -to pay like everyone else. She said she had a driveway, but there are about 15 cars parked in the street in £ront o£ hex house because of the apartment house. Mayor Liebl asked her if the draanage problem was taken care of. Mrs. Vagovich said she never had one, but she understood that those that did, the improvement took care of The City Engineer in£ormed the Council that the contractor has given a maintenance bond to the City, so i£ there are problems they have to take care of, this can be done before the bond is xeleased. Councilman Utter asked i£ the curbing was not quite high in this area. Mrs. Vagovich said yes, the stxeet was nevex put in properly. The curbing is high, but it was before, and there was very little dirt taken out. 54th Avenue: 4th Street to Sth Street ' The City Engineer said that the proposed sideyard assessment is $2.29 per foot spread i way down the block• Mayor Liebl asked a.f the storm sewer problem was solved and the City Engineer said yes, there were additional catch basins provided. i �- � SPECIAL PUBLIC HEARING MEETING OF MAY 8, 1972 PAGE 4 Liberty Street: 210 feet west of East River Road to East River Road It was pointed out that the cost £or this street is the same as the previous streets, i.e. $9.31 per Pront foot and $2.29 per £oot for the sideyard assessment. Street: 140 feet east of Broad Avenue to East .River Road The City Engineer showed the location on the pro3ector and saa.d that the estimated preliminary £igure given was $12.50 per £ront foot and the proposed assessment figure is $7.47 per front foot, £or a substantial reduction for Ely and Dover also. Dover Street: 160 feet east o£ Broad Avenue to 350 feet to the east and 300 feet north to Elv Street The Crty Engineer said the assessment for pover is the same as for Ely. Mayor Liebl asked if the storm sewer problems are all right and the City Engineer replied yes, and added that there were some sewer and water services added on this street. Lincoln Street: 79th Way to south 150 feet The City Engineer said this is a short stub that was put in to serve the Fa.ve Sands development. East Service Road of East River Road: Starting on south line o£ Lot 5, Block 1, east to south line of Lot 1, Block l, Burlington Northern Industrial Center The City Engineer said this is an industrial area and the proposed assessment is $7.92 per £ront Poot. There was curbing on the west side of the street and curbing was added on the east side and the final mat put on. Al1ey between 4th Street & 5th Street: 54th Avenue to I. 694 Outer Drive The City Engineer said that there were two da.f£erent assessments on this alley due to the fact that at the south end of the alley there were more driveway work needed. The assessment at the south end is $2.65 per foot and at the north end $1.85 per foot. These £igures are still lower than what was antici- pated at the preliminary hearing. Altura Road: 53rd Avenue to Horizon Drive The City Engineer reported that the preliminary estimate was $14.90 per £ront foot and this proposed assessment is $9.90 per front foot, for a reduction of $5.00. Mayor Liebl asked i£ the low spots in the street were taken care o£. The City Engineer said this road has a minimal grade and they tried to ixnprove the road as best they could and control the drainage wrth curbing. There are no low spots now. Mayor Liebl asked Mr. Lewkowicz if he was satis£ied with the quality of the construction. Mr. Mike Lewkowiaz, 5407 Altura Road, replied yes it is Pine in front of his house, but £urther down there are cracks in the road. The City , ' ' L_J , � � G � �: ! SPECIAL PUBLIC HEARSNG MEETING OF MAY 8� 1972 PAGE 5 Engineer said that they would like to have the street get a little wear, then it will be sealcoated. The sealcoating is done £rom general funds and is not assessed. Gardena Avenue: Central Avenue to Arthur Street The City Engineer reported that Gardena Avenue was built to higher standards than a normal residential street. The preliminary estimate was $12.50 per foot and the proposed assessment is $9.90 per front foot. Gardena has not received the fa.nish mat as yet, but when it is done, that will come from other funds and there wa.11 be no further assessment. Mr. Wayne Hansen, 1050 Gardena Avenue N.E., said the street is not £inished, so why should they have to pay £or a street until it is done? The Ca.ty Engineer said that the residents are paying only Por a normal residential street, although it is built to higher standards. The people are being assessed for the portion of the street already put in. Mr. Hansen said the curbing has been put in,but the street is below the curb line, and wondered why The City Engineer explained that there have already been three mats put on and the final mat has not as yet been done. They would like the street to settle before that is done, so the street will last a long time The Finance Director added that the cost of the street was $80,985.46 and of that only $30,244 50 was assessed. Mr. Hansen asked if they have ever assessed before a street is finished and the City Engineer replied yes. tilest Moore Lake Drive: Carol Drive to Baker Avenue The City Engineer said that the estimated figure for this street was th� same as for Gardena and the proposed assessment is $9.90 per front foot- Councilman Breider pointed out that the Council reoeived a letter £rom Don Savelkoul ob7ecting to the assessment. MOTION by Councilman Breider to receive the communication Prom Mr. Donald Savelkoul, dated May 8, 1972 ob�ecting to the assessment. Seconded by Council- man Utter. Uuon a voice vote, all ayes, Mayor Liebl declared the motion carried. N1r C.J. Hebeisen, 901 West Moore Lake Drive, said he had talked to two people in the Engineering Department and also Former Councilman Kelshaw about his ob7ection to the way the improvement was done to his steps. Mayor Liebl asked the City Engineer to check this out. Storm Sewer: Gardena Avenue area The City Engineer showed the location of the s�orm sewer areas on the overhead projector and said that Area 1 was generally south of Gardena and would be a complete impxovement, would dxain into Moore Lake ultimately, and the cost is $2 58 per 100 square £eet. Area 2 north o£ Gardena is �nly part o£ a total system and is assessed at $.56 per 100 square feet. These people would receive the balance of their assessment when the rest of the system is put in. Mr. Wayne Hansen, 1050 Gardena, asked where the storm water would qo and the City Engineer pointed out on the screen and said that it would go into an area south of Gardena Lane and into Moore Lake. Mr. Hansen asked where the last catch basin was down the hill and the City Englneer pointed out the locat�.on, near i� ,_i�_, �I a SPECIAL PUBLIC HEARING MEETING OF MAY 8, 1972 PAGE 6 Central Avenue. Mr. Hansen said the water doesn't run into the catch basins, , it runs down the street like it always did. The City Engineer said that there was another 1'�" of mat that will go on top o£ the street that will lengthen the li£e of the street. This will bring it up to the level of the catch basins. Mr. Hansen said his storm water does not drain into this system,and according to the hearing notice, if there is no benefit, there cannot be a charge. MOTION by Councilman Breider to close the public hearing on St. 1971-1 and St. 1971-2 Street Improvement Pro�ects. Seconded by Councilman Uttex'. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried and the hearing closed at 8.33 P.M. PUBLIC HEARING ON ASSESSMENT ROLL - ST. 1971-4 STREET IMPROVEMENT PROJECT: The City Manager read the public hearing notice at the request of Mayor Liebl. The hearinq will progress through the streets as they appear in the hearing notice. University Avenue East Service Road Detachmentc South property line o£ Lot 23, Block 4, Hyde Park Addition to 100 feet south of north property line of Parcel 440, part oP Lot 5, Auditor's Subdivision #59 The City Engineer showed the location on the overhead pro�ector and said that the front foot assessment is $12.50 per foot and the sideyard assessment is $2.50 per £oot. Mayor Liebl asked how the sideyard assessment was spread and the City ' Assessor showed it on the screen. Mayor Liebl asked i£ this was £ully assess- able as they are business aiterprises and the City Engineer said there is a substantial portion of the cost picked up £rom other sources besides the assessment. The Finance Directar said that this pro7ect cost over $276,000 and about $94,000 is the total amount o£ the assessment roll with the rest picked up from other funds. Star Lane: From 61st Avenue to West University Avenue Frontage Road The City Engineer said that the estimate given at the preliminary hearing was $12.50 per £oot and the proposed assessment is $9.90 per £oot, so it is about 20% lower than anticipated. Mayor Liebl said that he believed this improvement was put in because of the hazardous intersection with University Avenue, and to try to cut down the chances of an accident. The City Engineer agreed this was a very unsafe corner. Mayor Liebl said that the people on Star Lane were opposed to the improvement, but it had to be put in to divert the traffic away £rom the intersection, and tlze Council ordered it in Some oP the street was in pretty good shape and they were promised a credit toward their assessment and asked iP that was calculated. The City Engineer said that the cost of the improvement was over $13,000 and only about $8,000 was assessed. Mayor Liebl pointed out that the owner of Outlot A in Sylvan Hills has 376 front feet and is assessed £or $3,722.40 He asked what as average lot assessment was and the City Assessor answered about $800. Mayor Liebl asked what has been done in the past. In this case the people did � not want the improvement, but they are to be assessed for a normal resiclential street, however, this street will have tra£.fic on it that is not normal residential traffic and that would have gop.e somewhere else. The City Engineer said that the policy is to assess every street as a normal xesidential street. In this case about $5,000 is being picked up £rom other funds. Mayor Liebl �-�� SPECIAL PUBLIC HEARING MEETING OF MAY 8, 1972 PAGE 7 , asked if they were not given credit £or the subsoil already in place. They were already assessed twice be.fore. Mr. W.S. Wilmo, 6164 Star Lane, asked why they should have to pay £or it, when it is the whole area that will bene£it. Mayor Liebl said there �:as a policy passed in regard to assessments in 1962 which dictates how any assessment is to be spread, but in this case, the street has already been ripped up twice, and he felt the people were due some creclit. Mr. Wilmo agreed and said that they now end up with a service road rather than a private road. The City Engineer pointed out that other areas are being assessed $12.50 and in this area the proposed assessment is $9.90, so there is a reduction He added that Star Lane was put in in 1955 and is one of the oldest streets in Fridley. The maintenance crew has done some woxk on it occasionally since then. Mr. Wilmo asked why the street was made so wide around the corner. The City Engineer explained that Por a street with houses facing the street, it is constructed at 36 £eet, and i£ there are no houses facing the street, rt is 30 feet. Mayor Lieb1 asked if it was 1ega1 to use more of the State Aid funds for this street. He fel� the people should pay 1/3 and the State Aid should pay the other 2/3. The City Attorney replied that the Council has the authority to assess 100%, 0%, or anything a.n between. The Council has always followed the set policy, but if they feel �Chere are unusual circumstances, they have the � authority to make readjustsnents. Mr. Mike Gresser, owner of Outlot A, said he could not understand why the street had to be so wide. He did not believe other service roads are as wide as Star Lane. The City Engineer pointed ouL- that the street is entirely within the City xight o£ way and no property was taken. Mr. Gene Bei�er, 6150 Star Lane, said they had a residential street and now they have a service road, for this they have to pay? Everyone in Sy1van Hills will bene£it from this street, so why should 7ust the people on the street have to pay? The City Engineer said that when the public hearing was held on the improve- ment, the people were told an estimate of $12.50 per foot. The policy followed since 1962 has been that for residential property the assessment is for a normal residential street. It is a Council prerogative if they feel that circumstances dictate something diffexent. Mayor Liebl sa�d that State Aid funds ase used in areas the Council feels �ustifiable. They are used on sidewalks and in areas that are improved considered for the bettexment o,f the City of Pra.dley. He said he would not want to vote tonight on the resolution confirming the assess- ment Councilman Utter commented that he felt that this has created a great inconvenience to these people. Mr. Mike Gresser, 2057 Quartz Lane, St. Pau1, 55111, Owner of Outlot A, said he agreed this was a hazardous intersection, but his purpose for being here tonight was to try to seek some relief. He said people are still going the wrong way out of the parking lot. He said he did not know what the answer to that was, and asked a.f the City had any suggestivns. , 61st Avenue: From 4th Street to Univeristy Avenue The City Engineer reported that the proposed assessment £or this street is $12.50 per £oot with a side yard assessment of $2.50 per foot. ��� SPECIAL PUBLIC HEARING NIEETING OF MAY 8, 1972 PAGE 8 57th Avenue N.E.: From Universit Avenue to 4th Street , The City Engineer said the proposed assessment is $12.50 per foot with $2.50 for the side yard. The City Assessor pointed out that in this area there were some double £rontage lots so the second street was treated as an alley. Mr. Ralph White, 5644 4th Street N.E., asked why the roadway was changed. The street was put in after the storm, and he is still paying £or that, now this is another assessment. The City Engineer said the roads were improved in 1966 and now there were curbs added and some additional improvement to the pavement. Mr. White asked why the road was changed. Mayor Liebl answered to recti£y a difficult traffic situation. P7.r White said they did not have trafPic problems until Holiday built, and he did not feel they should have to pay for a convenience for the Holiday traffic, and that Holiday should share the cost. He said he has had tenants there 8 years and now they are thinking of moving because of all the traffic. The City Engineer commented that he would disagree with Mr. White, there were traPfic problems there before Holiday was built. Mr. Richard Simmons, 360 57th Avenue, said he lives ]ust to the north and east of Nlr. White, and he has had tenants move out for the reasons stated by Mr. White. Mayor Liebl asked if these people were assessed for a normal residential street and the Crty Engineer replied yes. Mr. White said that they are getting the Holiday traffic, and have to pay for it besides. He said he lives on a set salary and now the City is taking it away from him. He asked what could be done to give them some relief, and said that the Council was talking about ' some credit £or Star Lane, and using more State Aid funds, and asked if they were not entitled to some also. Mayor Liebl read the poliay statement and said that far residential property, there can be a subsidy, but £or industrial and commercial property, which includes multiple, an improvement is assessed fully. 57th Place & UniversitV Avenue East Service Road. From 4th St. to 58th Ave. 4th Street N.E. (Northeast Frontave Road): From I.694 to 57th Place Mr. Clarence H. Larson Jr., owning 5519 4th Street N.E., said that they a.re on the corner and they are the only house on that block and questioned whether they really needed this improvement. Mayor Lieb1 pointed out that the improve- ment is already in place, and has to be paid for. Mr. Larson said he had heard rumors of sidewalks coming in, and asked 7ust how much more was planned. The City Engineer said the curbing and roadway was put in, there are no sidewalks planned £or this area. I.694 Outer Drive (Northeast Outer Drive): From 56th Ave. to 57th Ave. The Crty �ngzneer said the proposed assessment is the same for this street as for the others in this area, i.e., $12.50 per £oot. A lady in the audience said she has never received any notices o£ any assessment and wondered why. She said she does not live there. The City Assessor said they use the tas statement records. She said she has never gotten them ezther. � The City Assessor asked her to notify the County Treasurer, if they had a name on the records, she would have been notified. � �,�� SPECIAL PUBLIC HEARING NIEETING OF MAY S, 1972 PAGE 9 , Mr. Simmons asked what his assessment was. He was told, a£ter some computation, $775 total. Mr. Simmons said he is being told to pay $755 for something he does not want and never wanted. He asked how he could contest this assessment. He added that the contractor did a poor job, he could have at least have made his lawn level. FIe said he was short several loads o£ dirt They did a poor job on his driveway also. He also registered a complaint on the speed of the cars. He said he has complained to the Police Department and was told that the Pola.ce Chief does not believe in radar, when he requested that it be set up. These streets are used as a speedway and he �ust could not live there under those conditions with two little boys• He questioned why the street was put in where it was instead o£ behind the DX Station. If it was put behind the Texaco Station, there should be room behind the DX. The City Assessor pointed out that there was also a letter of ob�ection from Mrs Ben Mathisen to receive. MOTION by Councilman Utter to receive the letter of ob7ection to the assessments from Mrs. Ben Mathisen, 348 57th Place N.E., dated May 8, 1972. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried. Mayor Liebl asked if the street is too close to Mr. Sitt¢non's house. The City Engineer said that no property was taken £rom him. The City had acquired 2 lots 2- 3 years ago. There were a nuaiber of plans submitted to the Council and ' this was the one they chose to adopt. The obvious benefit is that 4th Street would run straight north without a �og, and there was already land available He added that there was more land available behind the Texaco Station than behind the DX. The City Manager added that his statement was incorrect, Fridley does use radar and he would see a6out getting it set up in that area. Of course, when a speeder sees a marked car, he automaticallX slows dotan, so not too many will get caught. 60th Avenue Slip-Offr From University Avenue to 3rd Street It was pointed out that this was the access into the commercial area in Hyde Park. Mayor Liebl asked the total cost and the City Assessor replied $31,511 09. The roll was run with the full frontage on 3rd Street being assessed at $9.26 per £oot and the lots Pronting on 2� Street on the east side at �� the cost, or $4.63. The west side of 2'� Street was not included as this area is not zoned commercial. Mrs. Dale Bakke, 5805 3rd Street N.E.,asked how long they could stay there. They do not know if they should improve theix homes or not. They would hate to spend the money and then £ind that their land is wanted by some commercial developer. Mayor Liebl said that he hoped that by 1975 the rezoned Hyde Park area will be developed to commercial. Mr. Lawrence Muggli, 5973 3rd Street N.E., said he owned Lots 27 & 28, B1ock 12, Hyde Park, and asked if the original plan for the slip-o.ff and loopback has , been abandoned. The City Engineer explained that when the hearing was held the Council ordered the sliproi£ and loopback. Later on, the decision was made that the whole improvement was too big a burden on the home owners and that �ust the slip-off should be put in so the area would be opened up. Then later, as development progresses, the rest of the impzovement can be put in as needed. It is not abandoned, only staged. Mayor Liebl added that the 60th slip-off was put in in the hope it would add incentive toward some development. � � �'- SPECIAL PUBLIC HEt�RING MEETING OF MAY S, 1972 PAGE 10 Mr. Muggli said he has nothing against the pro�ect o£ the '� that has been done, � and that this is the plan the Planning Commission felt was the best, but that part of the pzo�ect left to be done involves only him. How could he sell his property as the buyer may have it for only 2- 3 years? He said the '� plan that is done is doing nothing £or the area as it is, but he could see the point that rt may induce someone in. He said, for himself, to get out o£ his property the way it is now, he needs three eyes, the access is very di£ficult, and what has been done so far has compounded the problem. If the plan goes through he will have to pay the assessments, and if and when his property is taken, those assessments will have to be taken into consideration. He said he could not do anything with his property now. He said whatever he has to pay, the Crty will have to pay him back when his property is taken. The City Attorney advzsed him that is standard procedure and he will get credit. Mr. Muggli asked why he could not get any answer on what is going to happen and when. Mayor Liebl said that cannot be answered until it is known what type of development will be going in. It may be that a developer would want to come in and buy the whole block. The City Attorney told Mr. Muggli that an appraiser would determa,ne the value of the land, then deduct the unpaid balance on the assessments. A resident of Hyde Park asked i£ 3rd Street would eventually be one way from 60th to 59th. The City Engineer pointed out the projected traffic flow on the screen. The resident suggested there should be a stop sign on 3rd Street by the apartments as there are many small children. ' Mrs. Max Barker, 5800 3rd Street N.E., said she is a widow on Social Security, and it is hard to make ends meet. She asked how much more she would be taxed. Mayor Liebl said that perhaps the whole 5800 block could be sold for a com- mercial development, then she would have to move. There is quite a bit of di£ference between the cost of commercial and residential property. When the Council approved thzs rezoning two years ago, there was quite a hassle, and most were in favor of it, but some were very concerned about the assessments. This is why all the improvements were not put in at once. This is a specu- lative operation. Mrs. Barker asked what about curhing and sidewalk? Mayor Liebl said there would be no sidewalk and the curbing would depencl on what type of development is anticipated, and who buys the property. Nlrs. Barker said that it is very hard to pav these special assessments and taxes besides. Mayor Liebl said that this rezoning tripled the land value and that he thought in £ive years the property will be developed. He thought the people owning land should get together and see what could be done. The City is not in the development business, but this rezonzng was clone to expedite the development. A resident asked what is proposed for 2� Street and 3rd Street now. The City Engineer said that the improvement is not a part of any pro�ect now, but it is included in a 10 year street improvement program that was adopted before the Hyde Park rezoning. According to that plan it would be considered in 1975 or 1976. The resident asked what kind o£ control the Planning Commission has over what would go Yn. Mayor Liebl said the people have the control, not the , Planning Commission. The nroperty is zoned commercial and any business that meets all the criteria laid out in the orcltnance could come in. There are many sa£eguards built into the ordinance such as square £ootage, sideyard and set- back requirements. It is the Planning Commission's duty to assure orderly SPECIAL PUBLIC HEARISdG MEETING OF MAY S, 1972 � �� PAGE 11 � development. The resident said that it was a good plan, but he would not want a helter-skelter bunch of buildinqs. Mayor Liebl said that the development would be guided by the ordinance and reviewed by the Planning Co�nission and the Council. If a developer comes in that meets al1 the criteria, the Council does not have the authority to stop them. The City Engineer added that there are standards in the zoning ordinance which control what the land could be used for Mr. Richard Torgeson, 278 58th Avenue N.E., said that he must pay about $1600 and Mrs. Sarker about $LQOQ. The City Assessox added that there are no State Aid funds used on this section as zt is considered con¢nercial property. Mayor Liebl said that there is no subsidy for commercial property and that the improve- ment would not have been put in if it was not commercial. MaXor Liebl said that the residents will have to pay for the assessment, but iY it is sold, the developer would assume the respons.Lhility. He suggested that Mr. Torgeson find out what a 40' commercial lot sells £or. A resident asked if his neighbors on both sides sald their propertp, could the Crty condemn Yu_s? The City Attorney replied no and the Mayor added that i£ a good psice was o££ered, it would be advantageous to cooperate with his neighbors Sidewalk East Side of University Avenue: From 57th Ave. to 58th Ave.; From the north line of Lot 8, Block 3, Bennett-Palmer Addition (north property line oP , Mr. Steak) to 60th Avenue; and £rom 60th Ave. to 61st Avenue South side of 61st Ave. N.E.. From Universrty Avenue to East Service Drive (Frontage Road A) North side of 61st Avenue: From University Avenue to East Service Drive (Frontage Road A) East side of University Avenue N.E.: From 61st Ave. to 41 £eet south of the north line of Lot 4, Auditar's Subdivision #59, and £rom 290 £eet south of 64th Avenue to 64th Avenue North side of 57th Avenue N.E. From 32D feet west of University Avenue to University Avenue The City Engineer said that the proposed assessment for the sidewalks is $5,70 per foot. It is all assessable as it is all commercial property and there are no State Aid iunds used. Mayor Liebl said that he had received some calls concerning the sidewalks being beside the £ire hydrants. The City Engineer said that they will be relocated. They are waiting for NSP to move their poles and the relocation of the hydrants will be taken care of this spring. He said some sections of the sidewalk were already in place and this is a continuation o£ them. ' Mr. Tom Ryan, 6389 University Avenue N.E., said that his property ends about 10 feet from the corner and asked if he had to pay and the Crty Assessor replied no. 1���� SPECIAL PUBLIC HEARING MEETING OF MAY 8, 1972 PAGE 12 MOTION by Councilman Breider to close the public hearing on the assessment � ro11 for Street Improvement Pro7ect St. 1971-4. Seconded by Councilman Utter. CJpon a voice vote, all voting aye, Mayor Liebl declared the motion carried and the hearing closed at 10 08 P.M. PUBLIC HEARSNG ON FINAL PLAT, HEATHER HILLS SECOND ADDITION� P.S. #72-01, BY MIKE O'BANNON: MOTION by Councilman Breider to dispense with the reading o£ the public hearing notice. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried. The City Engineer showed the plat on the easel and said that this is Mr. O'Bannon's second phase of his pro�ect. The only change that has been made is that the access to Central Avenue by the church property has been eliminated and the street ends in a cul-de-sac, and exits to the west on Ben7amin Street. .TUSt to the south of this plat, there is a low area that will create expensive storm sewer problems, so perhaps consideration should be given to using it as a retention basin and park purposes. Mr. Mike O'Bannon said that that low area, about 5 acres, could be acquired by the City if they would like to put it in the budget. He said he would not be able to develop that low area until something is done with the Chies property. It has been sitting as it is for 4- 5 years already. Mayor Liebl asked i£ the plat is approved, can the property within the plat be deVeloped properly? Mr. , O'Bannon said yes, the sewer and water utilities will be put in to City specifications and under the supervision of Comstock and Davis, Fridley's Consultant Engineers. The Council indicated they would like to have Mr. 0'Bannon dedicate the low five acres to the Ctiy for a retention basYn and park purposes. MOTION by Councilman Breider to close the public hearing on the Pina1 plat, Heather Hills Second Addition, P.S. #72-01 by Mike O'Bannon. Seconded by Council- man Uti_er. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried and the hearing closed at 10:18 P.M. Councilman Breider asked Mr. O'Bannon i£ a delay of one week for approval o£ the plat would cause him any hardship. He said he would rather wait until the regular meeting of the 15th with a xecommendation from the City Engineer. Mr. O'Bannon said he has not sold any lots yet, so there is no special hurry. PUBLIC HEARING ON VACATION REQUEST SAV #72-03 BY GENE HETLAND FOR VACATION OF TWO ALLEYS IN BLOCK 7. ONAWAY ADDITION. GENERALLY LOCATED A'P 7753 BEECH STREE'. �ayor Liebl read the public hearing notice aloud and the City Engineer showed the location on the overhead pro�ector. He reported 'that the request is for the vacation o£ both the east/west alley and the north/south alley. The westerly � of the block is developed and the easterly � is vacant. The recommendation of the Planning Cosnmission is for the vacation of the north/south alley and retaining the east/west alley. There is one building, at Inventor's Engineering, ' 7733 - 35 Beech, which does not have adequate parking which could use the alley for access. A petition has been signed which indicated that most of the people do not want the alley opened. i � � � SPECIAL PUBLIC HEARING MEETING OF MAY 8� 1972 PAGE 13 � Mayor Liebl asked Mr. Dick Harris his opinion o£ the vacation request. Mr. Harxis said that he would favor retaining the eastjwest alley and vacating the north/south alley. Councilman Bxeider asked what was the square footage of the lot with the parking problem and the City Engineer answered it was about 4,D00 square feet. A gentleman in the audience from Assurance Manufacturing added that it is for sale now. Councilman Utter asked what Invenior's Enga.neering would do about the parking if the alley is vacated. Councilman Breider said that the alley is not opened now and is not used, so it wouldn't make any dif£erence. MOTION by Councilman Breider to close the public hearing on the vacation request SAV #72-03 by Gene Hetland. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried and the hearing closed at 10 28 P.M. RECEIVING REPORT ON SEWER HOOKUP REQUEST BY LYLE G QIIAM� 6895 C[�IAIQNEL ROAD: Mayor Liebi noted that there are two plans outlined in the Agenda by the City Engineer. Plan #1 is for installing individual e�ector pumps and Plan #2 is for the installation o£ a li.ft station which would be much moxe wstly. Ae asked the Crty Engineer which one he would recommend. The City Engineer said that there have been plans submitted for taking care o£ the sewer capacity, and it will eventually have to go to the N.S.S.S.D. lines. At this point, the question is already solved, as he understood Mr Quam has had an e7ector � pump installed. Mr. Quam said that he had, at a wst o£ $945. He said his neighbor on the right is selling his home and he thought he was the only one le£t with this problem. The three houses involved would have riad to dig up their yards and revamp their plumbing quite extensively. He said he went ahead and put it in, as he needed relie£ quickly and could not wait. The Crty Engineer said that i� Fridley agrees to pay for this it should be with the agreement that any furthes maintenance after the installation would be at the home owners expense. The Finance Director added that Mr Quam could bring in his bill and, if authorized, it would be paid and he would be requested to sign an agreement. MOTION by Councilman Breider to approve Plan #1 (e7ector pumps) £or those three homes on Channel Road needing them, payment of Mr. Quam's bill o£ $945, wzth the conda.tion that before any bills axe paid the home owners are to sign an agreement stating that they will be responsible £or any £urther maintenance a.fter the installation. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried• CONSIDERATION OF A BUILAING REQUEST, A-1 MOTOR SPORTS, REQUESTED BY MS. VICKI 5KIFF: (Lots 13 & 14, Block 2, Commezce Park) The City Engineex said that the zoning on these lots is CR-2 and this catagory , is for low tra££ic generating busa.nesses. It was £elt by the Administration that this use would be borderline and this is why i� was brought before the Council. This type o£ business is not specifically stated in the Ordinance. It was felt that this business would generate more traPfic than the CR-2 catagory was designed for. i;_ h *� ..�.� SPECIAL PUBLIC HEARING MEETING OF MAY 8, 1972 PAGE 14 Mayor Liebi noted in the lettes that the business would be working on .t�oat ' motors and snowmobiles etc., and that the proposed building would be 300D square feet with approximately 1150 square feet for o££ices and showrooms. Ms. Ski££ said yes, their business would be service oriented. There is more money in service than in sales oP new motors. Mayor Liebl asked the City Attorney i£ this would Pit into the CR-2 zoning? The City Attorney said that the CR-2 zoninq was meant as a bu£fer to provide for the transition between industrial and commercial. He asked Ms. Skiff .tf she had read all the provisions of the Ordinance and she replied she had. The City Attorney said that not more than 250 of the building could He used for sales purposes. Ms. Skiff said she thought it would run a little more than that. She added that their expansion would be for service and storage. The City Attorney said that the Ordinance is quZte strict on screening and the storage areas and asked her if she understood this and she replied she did. The City Engineer showed the proposed plans at the Council table and said that the lots would make a parcel 200' X 265'. If the Council felt this is the proper usage for the zoning, then his office will help her with the proper procedure. The City Attorney said in his opinion this is a borderline case and asked her if there was a time factor and she replied yes. The City Attorney felt this should be reviewed by the Planning Commission. They haue had some other tough interpretatzve questions before them. Not too long ago two speculative buildings were approved and after the bui131ngs were built they have actually been put to commercial use. If the Council feels that this is not too much � of a violation,he would have no strong ob�ection provided the applicant understands all the stipulations and that she would have to abide by them. Mayor Liebl said there is an Animal Clinic �ust north of these lots and asked if she woulfl anticipate a lot of noise. Ms. Skiff said yes, but it would tae inside the building and she did not think rt would be excessive. Councilman IItter asked what al�out snowmobiles in the winter, they would probably be checked out outside. There is also a noise pollution provision in 'the Ordinance that sets a decibel level that cannot be exceeded. Mayor Liebl felt this request should go to the Planning Commission. It is their duty to study each request thoroughly and give their recommendations to the Council. He added that boat motors would not be too noisy, but what about the snowmobiles and motorcycles? The City Attorney pointed out that they would still have to qo before the Building Standards - Design Control Subcommitee £or their building permit, so under the circumstances rt would not delay them too much to go before the Planning Commission also. He added that the Administration should go through the Ordinance with them and inform them of exactly what they have to do to conform to the Code. Ms. Ski£f's associate said that would take too long, they have to be in by July 15th. The Crty Attorney said there was no way they could make that deadline. Mayor Liebl asked how much investment she is anticipating, and Ms. SkiEf replYed between $75,000 -$50,000. Councilman Brea.der asked where they are located now. The applicant replied in Spring Lake Park under the name of Recreational Sales. They are located in a , residential neighborhood and there are no complaints except on Sunday. Mayor LYebl asked the Administrative Assistant tf he £elt this business would fall within the CR-2 catagory. The Administrative Assistant sa1.d that the key to this zoning district is in the £irst paragraph and read it aloud, � �� SPECIAL PUBLIC HEARING MEETING OF MAY 8, 1972 PAGE 15 � particularly: "---which do not attract a large number o£ the general public, such as retail shopping areas, and which do not generate heavy vehicular traffic." He said he did not .feel this area would lend itself to this business because of the location, and also that this business would not fit within the intent of the CR-2 zoning. He added perhaps another zoning would be more appropriate. Councilman Breider said he would agree with that, and that motorcyales and snowmobiles is really stretching the intent, especially since there is a decibel level established. The Council questioned when the next Planning Commission meeting would be and the City Engineer said they will meet on the 17th, but that is for general planning and they do not accept any items. Mayor Liebl asked i.f this could not be put on their Agenda. The City Engineer commented that there are lots properly zoned 7ust a few lots north o£ these lots. The City Attorney added that this business would be eligible under a commercial zoning, and as a practical matter if the area 4 or 5 lots to the north would be appropriate, really what dif£erence would that short distance make? Councilman Breider said that if we are going to allow com- mercial, perhaps it should be all the way do4m. The question here is 7ust how £ar can a deviation be stretched? I£ allowed here, what about other requests with sa.milar deviations? MOTION by Councilman Bxeider to request the Planning Commission to consider this request at their meeting of May 17th. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried. , The applicants were informed that this would again be be£ore the Council at the Meeta.ng of June 5, 1972. CONSIDEkATION OF REQUEST FOR BLOCK PARTY, MRS. HARVEY i�7EL50N, 409 79TH WAY 1�7.E., AND RECEIVING PETITION #9-1972 PETITION #9-1972 - TO BLOCK OFF SPRINGBROOK PLACE AND LONGFELLOW ON FRIDAY, JUNE 9, 1972 FOR A BLOCK PARTX: MOTION by Councilman Breider to receive the communication from Mrs. Harvey Nelson, 409 79th Way N.E., dated May 8, 1972 and Petition #9-1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayar Liebl declared the motion carried. MOTION by Councilman Breider to grant permission for the block party under the conditions presented in the letter and waive all £ees associated wrth dances. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried. RESOLIITIONS CONFIRMING ASSESSMENTS: The resolutions confirma.ng the assessment rolls for St 1971-1, St. 1971-2 and St. 1971-4 and for the transfer of funds £or the St_ 1971-4 pro7ect were deleted from the Agenda at the Adoption of the Agenda. , �� �� � SPECIAL PUBLIC HEARING MEETING OF MAY 8� 1972 APPOINTNIENT: Name Betty Suzanne Coyle 4800 Madison St. N.E. Columbia Heights, Minn. Position Salary E££ective Date Replaces Special $425 May S, 1972 Patti Assessments per Kozak month PAGE 16 MOTION by Councilman Breider to concur in the appointment as recommended by the Administration. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanunously. CONSIDERATION OF REQiIEST FOR REFERENDUM ON SUNDAY LIQUOR SALES: Councilman Breider asked an approxunate cost of adding the question on the referendum ballot, The Finance Director said the cost �rould not be too great as rt would only be adding another line on the ballot, perhaps $200. Council- man Breider asked if the cost could be paid for by those petitioning £or the vote. The Finance Director said that there is nothing spelled out concetning thas question. The Caty Attorney added that he understood that Mr. WeYSS is also interested in Sunday liquor. Councilman Breider said that it would seem logical, they are asking for_ the vote so they can make more money, so shouldn't they pay the cost? Mayor Liebl felt that the service would be a benefit to all the citizens o£ Frzdley, not 7ust those businessmen requesting it. Many people would like to have a drink if th�y go out to eat. The City Manager added that the City wonld benefit by the additional license fee. Councilman Breider said that his only interest would be to break even. Nlr. Ole B7erkesett pointed out a Pallacy in Counailman Breider's thinking. He is talking of penalizing a businessman £or doing what the State law requires him to do. The City Manager said that he would check it out and report back to tlze Council. MOTION by Councilman Breider to receive the communications from Shorewood Inn, Inc., by William Nicklow and George Is In Fridley by George Nicklow, both dated May 5, 1972. Seconded by Councilman Utter. Upon a voice vote, a],1 ayes, Mayor Liebl declared the motion caxried. MR. WYMAIV SMITH: RIEDEL VS. CITY OF FRIDLEY MOTION by Councilman Brea.der to receive the communication from Mr. Wyman Smith dated May 2, 1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried. SFC ROEERT HJORK, U.S. ARMY: HELICOPTER DISPLAY MOTION by Councilman Utter to receive the communication £YOm SFC Robext Bjork dated May 4, 1972, and approve the landing and display of the helicopter in the High School football field on May 12, 1972. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried � � ' SPECIAL PUBLIC HEARING MEETING OF MAY S, 1972 i i i "� Y� C i P .� PAGE 17 1 CONSIDERATION OF PARK LAND ACQUISITION� LOTS 2& 3, BLOCK 7, EDG�WATER GARDENS The City Manager reported that by previous motion Lots 1& 2 were authorized far purchase, unless other lots were to be £ound more suitable. Now the Administrata.on is recommending the purchase of Lots 2& 3. Councilman Breider said that Councilman Mittelstadt was quite specific on his request and in his motion, and he would hate to act without him being here. The City Manager said that he has spoken to him about these lots and he concurs. MOTION by Councilman Breider to authorize purchase of taac forfeit Lots 2 and 3, Block 7, Edgewater Gardens for park purposes. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion caxried. ADJOURNMENT: MOTION by Councilman Breider to adjourn the Meeting. Seconded by Councilman Otter. Upon a voice vote, all voting aye, Mayox Liebl declared the motion carried and the Special Public Hearing of May 8, 1972 ad�ourned at 11:15 P.M. Res ectfully submitted, � y%�-r,�' ta�.� � � :�,�C, ' Juel Mercer Frank G. Liebl Secretary to the City Council Mayor '