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08/08/1977 - 000144231�, ; THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF AUGUST 8, 1977 The Pu61ic Hearing ofi the Fridley City Council of August 8, 1977 was called to order at 7 35 p.m. by Mayor Nee. PLEDGE OF ALLEGIAPlCE: Mayor Nee led the Council and the audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT MEMBERS ABSENT ADOFTIdN OF AGENDA: Councilwoman Kukowski, Councilman Schneider, Mayor Nee, Councilman Hamerm k, and Counc�lman Fitzpatrick None MOTION by Councilman Hamernik to adopt the agenda as presented. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HtARINGS: PUBLIC HEARING ON FINAL PLAT SUBDIVISION P.S. #77-05 E TERRACE 2N� ADDITI MOTTON 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 voting aye, Mayor Nee declared the motion carried ur�animously and the Public Hearing opened at 7:37 P.M Ms Karla Larson was present representing Mr. D'Aigle. Mr. Sob�ech, Public Works D�rector, explained this is the proposed plat generaliy located east of Central Avenue and West of Arthur Street, on the south side of 76th Avenue. He said that the plat would consist of 13 single family lots. Mr. Sobiech stated thatthe Planning Commission recommended approval of the preliminary plat at the July 13, 1977 Planning Commission meeting, with the stipulattons that a walkway easement be provided off of Arthur Street which would provide egress to the park �roperty owned by the City of Fridley south of the proposed lots. Mr. Sobiech explained that at a previous City Council hear�ng the question had come up, "Would development of this proposed plat lock in the park property to the South and would the developer of the lots be making use of the park prcperty7" Mr. Sobiech continued to exp7ain that a Proposed Parks and Open Space P]an was presently �n the Parks and Recreation Commission and would 6e forwarded to the City Council for approval soon. Mr. Sobiech said that the Proposed Parks and Open Space Plan had considered dotng away with that particular piece of property. Mr. Sobtech indicated that after he had done some �nvestigation as to the possibility of the development of that park property and the effect it would have on the people in the neighborhood had led him to consider two alternatives: ' 1 Mr Sobiech showed the two alternatives on the screen. The first would allow the development of Lhe property to the South to be done by the developer (petitioner). , He said that the alternative miqht tend to be difficult in that it would be hard for the City to make neyotiations with the petitioner at this time. He said that it would resuit �n the same number of lots wiih the addition of five lots to the south Mr. SobTech indicated that the other alternatTVe, the most agreeable one, would alow the development of the proposed plat keeping in mind the poss�bility of develop- ment of the parkproperty to the South. He explained that this alternative would entail a similar design as the first alterrative which would sti]1 result in 13 lots, PUBLIC HEARING MEETING OF AUGUST 8, 1977 / � PAGE 2 He said that what the City wou7d do is provide access to the park property by means of dedication of a certain amount of public right of way. Mr. Sobiech said that with the second alternative the City would get involved with some lot w�dths that would be less than the 75 foot standard lot width. Mr. Sobiech pointed out that from the City Engineering standpoint the second alternat�ve would be possible. He also indicated that from the 6uilding stardpoint it also � was a possib7e alternative. He said that the City had checked the water table on the lots in question and it was seven to eight feet below the ground surface at the present time, and considering there would be some land-fill taking place, there shouldn't 6e any problems at all with the water table. Mr. Sobiech said that the only drawback in the alternative was that the dedicatton of the property as park property had 6een done by a"quick claim" deed that said it was for park property. He said that he had talked w�th the City Attorney. Mr. Herrick, City Attorney, sa�d that he had done some preliminary research and there would be some legal problems. He said that he hadn't seen a copy of the deed but he was under the understanding that the land was meant for park property. He said the minimum that could be done would be for the City to get the consent of the person that had dedicated the property as park property, and the City would also have to get the approval from the neighborhoad. He said that the sttuation would take some additional research and work. He said that the second option could be considered with the City retaining easEments for access to the property. He said that the easements would be needed for future development of the Park or a future subdivision of the property. Mayor Nee asked the size of the out-lot. Mr. Sobiech said that it was between one and two acres. Councilman Schneider asked when the lots idere dedicated. Mr. Sobiech said in January, 1965. � Councilman Fitzpatrick asked about the early proposed plat. Mr. Herrick explained that the owner of the property had developed many lots in the area. He said that because the lot had heen left as an out-lot, that it was assumed tha± it was to be dedicated for park prcperty purposes Mayor Nee wanted to know if other lots dt-ained into the park property lot. Mr. Sobiech said that the land did not serve as a drainage pond He said that the surrounding lots were all served by sewer systems. Councilman Schneider wanted to know if there would be any additional stor�m sewer development in the area. Mr. Sobiech said that the proposed development would have everything in. He said that there were existing easements to help handle the storm sewers, etc. that would be needed. He also indicated that the City would get additional easements from the proposed plat. Councilman Schneider asked if the storm sewer development would be �ust for the proposed area. Mr. Sobiech said it would be limited to the area. He explained that the street already contained everything, as far as water, sewers, etc. A person from the audience stated to the C�ty Council that the entire neighborhood wanted the park property to remain exactly as it was. She indicated that when they bought their homes in that area they had been under the understanding that the lots would remain as they were. She explained that the city was not expected to maintain the lot, she said that the neighbors kept the lot mowed and maintained. � Mayor Nee asked for a show of hands of the neighbors that agreed with the state- ment that had just been made. Fourteen people raised the�r hands Mayor Nee asked for a show of hands of tBe neighbors that disagreed with the statement. Ms. Karla Larson raised her hand, Ms, Karla Larson didn't want to see the lots made smaller. She felt that a sub- standard lot would not gross the money that the developer wanted. She felt that a lot that wasn't even 75 feet wide would not enable the developer to get the proper amount of money for the lots. r I r l� r I� PUBLIC HEARING MEETING OF AUGUST 8, 1977 PAGE 3 Mayor Nee ind�cated that if the land rematned as public land, then the lots would remain 80 feet wide. Mr. Sobiech satd that if the developer went with the present plans, then his lots would be in excess of the minimum standard. Mayor Nee indicated to the audience that as long as they didn't expect the City to put in tennis courts, playground equipment, etc. the idea of leaving the land as public land could be considered. The neighbors all said that they wanted the land to be left exactly as it was. They weren't asking for City development of ' the land. Councilman Schneider indicated that if the lot was left in its natural state, than the five-foot walkway easement should oe sufficient. Mr. Sobiech said that the City wanted something more substantial. He felt that a 30 foot easement would be what the City would want to enable all City equipment easy access to the park property. Mr. Sobiech pointed out that walkway easemerts would have to be obtained separately. Mr. Quresht, City Manager, said that the 30 foot easement would be required so that in the future if the land were developed, the City would not �nfringe on any private property if they had to put in some type of sewer system or water system. Councilman Schneider said thai if the land was to be left in its present state, no development would be necessary or done. Mr. Sobiech sa�d that if at a later date, the City of Fridley decided to develop the land, they would already have the land easements. Councilwoman Kukowski said that the Council was telling the neighbors that they plan to leave the land as �t presently was - in its natural state - but the Council is making plans for easements to enable the development of the land into a park She questiored this procedure. Councilman Fitzpatrick said that in that type of situation where the neighbors , wanted the land left in its natural state and the City allowed it; the City would have to still provide for the day that neighbors would decide that since the land was City land, then let the City maintain it. At that poini. in time, the City would need to have access to the land and he could understand the need for the 30 foot easement. Councilman Fitzpatrick said that he had a problem with the fact of the City own�ng land of that amount that wouldn't be accessahle to the publc. Mayor Nee asked that even w�th the easements, would the lots be standard lots. Mr. Sobiech said that every lot in the proposed subdivision would be at least the standard size. He sa�d that the City had to have the easements for some future time that the City would have to have access to t.he land. Councilman Schneider didn't think the City would have to run water and sewer mains just to develop a small park. Mr. Sobiech satd that any minimum size park area had to have water and sewer accesses. Mr. Qureshi said that the City didn't want to be put into the position of having to buy property back from the people. He said that he merely wanted the land to be made available to the City if it needed it. He said that the land could always 6e vacated at a later date Councilman Schneider said that his concern for the 30 foot easement was that , the City could �ust go into the area and start developing the land without the neighbors ever being not�fied. Mr. Qureshi said that there was a process that had to be fo1lowed before the City developed anything. He said that the City always took into consideration what the neighborhood wanted. Mr. Herrick said that he thought that the public access provision would have to be met. He said that the land would have to accessable to more people than �ust the adjacent neighbors. PUBLIC HEARING MEETING OF AUGUST 8, 1977 151 PAr,E 4 A person from the audience questioned that statement on the Public Hearing notices that had beeri sent out, "Reapproval of this plat may have the potential of future assessnients on the ad�o�ning property due to utility and roadway improvements required by this plat". He wanted to know about any future assessments. Mr. Sobiech said that bas�cally the paraqraph was a standard form paragraph. He said that many times people won't appear at a Public Hearing 3ust because they weren't interested. 7he City felt that if the person knew that the decision could mean � an assessment to them, then usually their 7nterest would be engaged The person from the audience said that it most certatnly had made him most interested. Mr. 5obiech said that if the proposed plat was approved it would cost nothing to the neighbors. He said that the developer would be the only person that would be involved in any costs. Ms. Larson indicated that the 30 foot easements were fine with her. She said that her ma�n intent was that she didn't want to see sub-standara sized lots developed out of the land As long as the lots remained acceptable sizes, she said she could live with the 30 foot easements. Mr. Sobiech said that the 30 foot easements could be taken fr�om lots 3 and 4, block 2. Ms. Larsor said that the 30 foot ease- ments were agreeable to her. Mayor Nee indicated to the audience that the way the discussion was moving was that the out-lot would be left as it was - in its natural state He said the easements would be requtred, should same time tn the future, if everyone agree they wanted the land deVeloped, and the City was in agreement, the land could be developed without infringing cn anyone's property. A person from the audience said that she realiy en�oyed the lot and wanted it to stay in �ts natural state. She satd that there were hirds on the lot that didn't exist anywhere else }n the City Mr. Herrick wanted to know tf the 30 foot easement would also be used for people � on foot. Mr. Sobiech satd that the easement could 6e used by anyone that needed io use it or wanted to use it. Ms Larson wanted to know of anymore delays that would be put on the proposed olat. Mr. Sobiech said that a har�d shell would have to be drawn up. He said that the only change was to extend the five foot easements by ten feet, making 15 foot easements on both sides. Mayor Nee said that thts plat wouldn't requ�re any more proceed�ngs from City Councll. A person from the audience asked Ms. Larson about the density of the proposed development and the possibility of 1ow �ncome housing Ms. Larson sa7d that the lowest priced house would by $53,50D and she didn't believe that that would encoinpass low �ncome housing. She also indicated that the lot sizes would be the same as most of the lots in Fridley. She sa�d it would involve the 6uild�ng of 13 family dwellings. A person from the audience asked Ms. Larson about the reputation of the builder Ms. Larson explained that he had tnvested money in the development, and she and the builder were anxious to get their money out of the development She said that he had 6uilt several other homes in the area that anyone could look at to see the quality of work he did. Ms. Larson indicated that the builder dtd ltve in Cambridge 6ut that if there were any questions anyone could ca11 her and she could answer them, � MOTION by Councilman Schneider to c7ose the Public Hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, 152 PUBLIC HEARING MEETING OF AUGUST 8, 1977 NEW BUSINESS• CONSIDERATION FINAL PLAT SUBDIVIS D'AIGLE: PAGE 5 MOTIDP! by Councilman Schneider tha± City Council approve the Final Plat Subdiv�s�on P.S #77-05, Meadowmoore Terrace 2nd Addition, by Gary D'Aigle with the stipulat�on that there be a 30 foot easement between lots 3 and 4, 61ock 1, for drainage, utilities, walkways, and access for equipment to the park property and there be ad�ustments on the existing lots to be sure they meet nnnimum plot size and there be a five foot walkway easement off south side of lots 1 and 2, block 1 and a 5 foot easement from the north line of lot 1, block 1 Don's 5th Additton. Seconded 6y Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously The Final Plat Sub- division P.S. #77-05 was approved at 8 20 P.M. MO7ION by Councilman Schneider that tt is the intent of the City Council at this time, tha± there be no development on the out-lot without going through proper procedures which �NOUId include appear�ng before the City Council. Seconded by Councilman Namer m k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATE Allied 6lacktop 3601 48th Nvenue North M�nneapolis, Minnesota 55426 FINAL ESTIP1ATE #1 for Street Improvement Pro�ect ST 1977-10 (Sealcoating) N D.H. Inc. 5400 Industry Avenue Northwest Anoka, Minnesota 55303 PARTIAL Estimate #2 for ST 1977-1 PARTIAL Est�mate #2 for St 1977-2 Donald Frantz Construction Inc. 3501 Xenwood Avenue South Minneapolis, Minnesota ESTIMATE FOR Concrete Work for Shelter Bu�7ding at Islands of Peace Par�k $ 10,272.60 $ 39,660,53 $ 10,390,68 $ 3,227.00 P10TIQN by Councilwoman Kukewski to approve the Estimates. Seconded by Council- man Schneider. Councilman Hamerntk questioned the Se�lcoating estimate. Mr Qureshi exp1ained that the sealcoating did not over run the budget He said that the undercoating ran over but that the overlay ran under due to utilizing different spec�fications. He sa�d that seaicoating was done by square foot and not by Job UPON A VOICE UOTE, ali voting aye, Mayor Plee declared the moiion carried unammously AD�OURNMENT• MOTION by Counc�lwoman Kukowski to ad�ourn the meeting Seconded by Councilman Schneider. Upon a vo�ce vote. all voting aye, Mayor Nee declared the motion carried unantmously and the Publ�c Hear�ng Meet�ng of the Fridley City Council of August 8, 1977, ad,7ourned at 8.20 P.M. Respectfully submitte ,,,/) i J%c�^'�'�-eFi ����� MaryLe�Carhill (Act�ng) Secretary to the City Council Approved �� /� � Will'iam J. Nee Mayor � ' �