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07/16/1979 - 00013771� � � , ; r iu � � Tf+E MINUTES OF THE PUBLIC HEARING MEETI iiu v i� imn TY COUNCIL OF The Public Hearing Meeting of the Fridley City Council was called to order at 7.30 P.M. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT A�OPTION OF AGENDA: Mayor Nee, Counc�lman Barnette, Councilwoman Moses, Councilman Schne�der, and Counc�lman Fitzpatrick None The following items were added to the agenda: "Consideration of a Letter from the City Manager to the Executive Director of the Metropolitan Council Regarding the Section 8 Program" and "Receiving Petition No. 9-1979 Against the Clos�ng of Glencoe Street". MOTION by Councilman Schneider to adopt the agenda with the above two addit�ons. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARINGS: PUBLIC HEARING ON REZONING REQUEST, ZOA�r79-02, BY WILLIAM J HART urrui.inv nin c�. RECEIVING PETITION N0. 6-1979 IN FAVOR OF REZONING AND RECEIVING PETITION N0. 8-1979 AGAINST REZONING: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open 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 opened at 7:32 P M. Mr. Qureshi, City Manager, stated this is a request for rezon�ng of property along Highway 65, at 6431 Highway No. 65, to rezone from R-3 to CR-2. A map was presented which ind�cated the location of the residents who have signed the pet�tion tn favor of the rezoning and the location of those who signed the petition against the rezoning. Councilwoman Moses pointed out that the persons who are located ad,7acent to this property at 6431 Highway No. 65 have tndtcated they were in favor of the rezoning and those which aren't as closely affected have indicated they were opposed. Counctlman Schneider also indicated he was interested in some of the reactions of the people who signed in favor of the rezoning He pointed out that two house- holds have signed both the petitions and it was his understanding there was a misunderstanding, when they signed the pet�tion �n favor, and they subsequently signed against the rezoning. Mr. Richard Hart, 70 - 66th Way, appeared before the Council to represent his brother, the petittoner, who was out of town. He stated he felt the rezoning would benefit the City by increasing the tax base. He stated the property is presently zoned for multiple residential and didn't feel many of these units were being built because of the htgh risk. Mr. Hart stated he felt it would be better to have an off�ce use on this property, rather than a multiple residential kase, because of the location next to Highway 65. Mr. Qureshi stated th�s land was or�ginally zoned for resident�al use and was rezoned up to multiple residential use a6out ten years ago when a number of stmilar uses were built south of this property. j� � �'!'„ , PUBLIC HEARING MEETING OF JULY 16, 1979 Councilwoman Moses questioned Mr. Hart's of building multiple um ts and indicated of housing in Fridley. PAGE 2 statement regarding the high risk she felt there was a need for th�s type Mayor Nee pointed out the C�ty has much more commercial acreage than perhaps what is needed Mr. Qureshi stated that 30-40% of the commercial property in the City is un- developed, or underdeveloped, which would allow this type of use and, on the other hand, there are only three or four larger parcels in the City that could be used for multiple housing um ts. He pointed out, because of the economic situat�on, � there has not been a lot of requests for multiple bu�ldings, but felt those things change and the City should look at a broader view. Counc�lwoman Moses asked Mr. Hart if his brother had checked into any other areas in the City which would be suitable for use as an office. Mr. Hart stated res�denttal and exposure. they looked at property on Osborne Road that was also zoned ind�cated they felt these were good locations because of the Mr. Russell Burris, 1150 M�ssissippi Street, ind�cated he was against the rezoning. He felt the property was su�table for an apartment building and if one was built there, it would eliminate the need for coming back every year before the Council with rezo m ng requests. Mr Burris felt, if the property is rezoned, it would be spot zoning and that it is undesirable, since it would place commercial property next to residenttal. He pointed out that the plan for the property indicates a future service road up to Mississ�ppi and felt this never could be done because of the traffic problems. Mr. Qurris also felt the access to this property would be difficult because of the traffic on Highway 65 Mr. 6urris stated, if the property is rezoned to commercial, the whole corner would be destroyed. He indicated the City has a shortage of residnetial uses and ample commercial property available tn Fridley and was sure another location could be found for this insurance agency. Mr. Clarence Timo, 6517 Luc�a Lane, felt the biggest thtng with the rezo m ng was the traffic problem and pointed out it would be spot zoning. Mr. Timo also pointed out that there are small children in this area, who live in the apartments, and people living 7n the area are aware of th�s and watch out for the children, but if �t was rezoned, there would be additional traffic. No other persons in the audience spoke for or against t M s rezontng rec;uest. MOTION by Councilman Schneider to receive Petition No 6-1979 in favor of the rezon�ng and Pet�tion No. 8-1979 against the rezoning. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee asked if the persons who signed both the petitions were present this eventng and no one came forth. MOTION by Councilman ;chneider to close the public hearing. Seconded by Councilman Fitzpatrick, Upon a voice vote, all voting aye, f1ayor Nee declared the motion carried unanimously andthe public hearing closed at 7:50 P.M. PUBLIC HEARING ON REZONI RECEIVING PETITION N0. 11-1979 AGAINST REZONING. ES COMPANY. 5701 MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unarimously and the public hearing opened at 7�50 P.P1. Mr. Qureshi, City Manager, stated this ts a request to rezone Lot 4, Block 6, City View from R-2 to C-2. He pointed out the owners of this property own three ad�otning lots which are now zoned C-2 and, therefore, they would l�ke th�s lot rezoned, consistent with the other lots, for purposes of development. He tndicated what they were considertng is a donut shop and some office/retail space. Mr. Qureshi stated the Planning Commtss�on held a public hearing on this rezoning request and has recommended approval. � � i � l ( PUBLIC HEARING MEETING OF JULY 16, 1979 PAGE 3 �� hir. Tom Langseth, representing the Graves Company appeared before the Council regarding this rezoning request Councilwoman Moses asked if the proposed Mr �onut Shoppe would be a 24-hour operation. Mr. Langseth stated it is only proposed at this point and they have not come to any definite terms, therefore, he could not answer at th�s time He explained they were attempting to fill a small portion of the square footage with a retail merchant in order to make it feasible to put in the entire � development. He explained this is a difficult piece of property because it is on an island surrounded by three roads Councilwoman Moses pointed out that the comments from thuse opposed to the rezoning was an all-night operation. Mr. Langseth stated no one had opposed the rezon�ng at the Plannin9 Commission meet�ng and this was the first he hadheard that anyone was aga�nst it. He pointed out the one person that should be greatly concerned is the resident ad,7acent ot the property and indtcated they have had good relations with her and tend to make this a more pleasing situation than what is presently there. Mayor Nee quest�oned the traffic flow. Mr. Langseth stated, with the new service road coming �n from the South, it was suggested that their cur6 cut be moved to line up with this service road from Super America. He indicated there would then be ingress and egress on to 57th Avenue from both direct�ons. Ms. Grace Mathisen, 348 b7th Place, questioned where the service road was to be located. Mr. Qureshi pointed out the locat�on on the inap and indicated it would be South of 57th Avenue. h1r. Langseth stated the only thing that would affect �°'s. P1ath�sen's property is that the fence would be moved 30 feet. He explained that nothing would channe as far as roads on her property or the Graves �roperty. � Mr. Carl Paulson, 430 57th Place, stated that one thing ihat concerns the residents is that they don't have sufficient infonnation as to the future of the property He indicated they don't know if there will 6e all-n�yht operattons and when he saw the drawing, there was an offi ce building separated tnto three parts and something said about a donut shop. He felt all things have to be cons�dered includ�ng the traffic, aesthetics and parking. Ms. Mathisen po�nted out that persons l�ving on 4th, 5th and 6th Streets are affected by the traffic when the drive-in theatre is �n operatton. She stated there is no suffic�ent serv�ce road along U m versity Avenue to take care of the traffic and it all comes down into the residential area Mayor Nee stated, to some extent, the off-set that will be part of the Super America Development would make that service road more useable. Mayor Nee stated he felt this development would be better for the neighborhood than what presently exists. Ms. Mathisen stated she agrees a new building would look better, but some of the residents felt there should proba6ly be an apartment bu�lding on this property, as �t is zoned for multiple use. Mr. Quresht stated there are now three lots zoned commercial and pointed out the property owner could co�re in and request a donut shop operatton because there is enough land. � Mr. Gordon Jorgenson, owner of property at 5644 4th Street, stated all the informa- tion that was sent out indicated it would be an office building and not a retail establishment. He stated he canvassed the persons ltving in his building and they had no ob,7ections to an office build�ng, but when a sign went up regarding retail operations, he received calls from nis tenants who were agatnst a retail operation. He pointed out, when the plan for Super America went through, there were restrictions placed on the hours of operation. He stated there is a lot of noise now in the area and his tenants are concerned about addttional noise problems Mr. Jorgenson stated he didn't feel the new service road would alleviate any traff�c problems, as no one would drive there, unless they want to get to the estaulishments fronting on it. ��r n ^ ;`„ � PUBLICI-IEARINGMEETING OF JULY 16, 1979 PAGE 4 Mr. Jorgenson felt the ideal esta6lishment at this intersection woulC be one that didn't generate much traffic, but didn't feel there is a way to �imit it to th�s type of operation. Mr. Herrick, City Attorney, stated there is a situation here where three out of the four lots are already zoned commercial and that, in hts mind, makes it constderably different than if the request was to rezone all four lots. He stated a comment was make that th�s would be a good location for an apartment, but he questioned 7f it would be l�ecause of the amount of traffic. He stated, from the discussion, his �mpression is that the residents are ob,7ect�ng to the possib�lity of an all-night operation and the possibil�ty ' of a bar or liquor operation, as noted in the petition. Mr. Herrick suggested that staff ineet with the petitioners, who are requesting the rezoning, to see of they would agree ±o some kind of contract zoning that would give them retail on this lot, with some type of l�mitations as to the type of retail operation. He felt th�s may satisfy the petitioners, as well as the fears of a number of the residents. Ms. Mathisen stated most of the people indicated they wouldn't want any operation that m�ght have liquor or a�.2 establishment. She stated they were satisfied with an office building, but found out the offtce building was a minor part of the development and th�s is why they are o63ecting. Mr. Langseth stated they have examined many options and are not attempting to slide something in. He stated the purpose was for an office-reta�l and they are limited to 21 parking stalls He pointed out this would then eliminate any beer or liquor operation since they could only have 60 seats. Mr. L�rigseth questioned Mr. Herrick if he was referring to the lot in question in the rezoning or to all the lots, as far as limiting what type of operation would be perm�tted. P1r. Herrick stated what he was saying �s that perhaps in order to get th�s lot rezoned, the owners might be willing to restrict the commercial use , of the property to certain types of commercial activities. He indicated it wouldn't rriake sense to apply only to the lot in question, but would have to apply to all four lots. Mr. Langseth pointed out there has 6een a substantial amount of time spent on the proposal before the Council as to what would be hest for the City. He stated all he can say is he doesn't believe the type of operations they put in would substantially increase the traffic flow. He stated, with the size of the building they are cons�dering, and with the �arking allotment, it would restrict them as to what type of business could be put on the property. He pointed out many of the fast food ?stablishments couldn't exist with only 21 parking stalls so it �s limited to office, Nnth a sma11 retail operation. He stated they didn't mean to imply they are looking for reta�l merchants, as the dra�,aing shows that 2/3 of the space will be used for offices Councilman Schneider questioned the need for a reta�l operation. Mr. Langseth stated they are looking for a retatl operation to make it feasible. He stated, basically, a retail operation would pay a heavier price tag because of the exposure. He stated any quick stop type of operation can at least pro,7ect a reasonable Musiness. Mayor Nee felt it was desirable to get something done with that p7ece of property and to eliminate the present structure. � Ms. Mathisen felt the residents have to know, before the buildings are constructed, what is going to go in on the property. She pointed out there have been three 6usinesses there at this location that have failed. PUBLIC HEARING MEETING OF JULY 16, 1979 PAGE 5 Councilman Barnette felt, as long as the zoning was correct, it was the owners choice, under free enterprise, to take the chance of a 6usiness at this location. Coum clman Barnette stated, after hearing all sides, he personally sees the development as an upgrading of the area, not with- stand�ng the traffic problem. Mr. Jorgenson felt his desires and those of his tenants would be satisfied if they could agree to the hours of operation of a business at that location. � Councilman Schneider stated he tends to feel that anything within reason is better than what �s existing now on the property. He believed the tssues the residents were concerned about were the possibtlity of a liquor operation, the traffic, the noise, the aesthetics and hours of operation of a business at this location. Mayor Nee asked if th�s could be negotiated regarding the limiting of the hours of operation and agree�ng to no liquor sales Mr. Langseth stated he would talk to his cl�ents, however, speaking from his knowledge, the liquor would be no problem. He felt to go any further to limit that property, based on one lot out of the four, is limiting or possibly negat�ng the economic feasibility because they would be limitrng the use of the property. He felt, not trom the standpo�nt of going against what has 6een discussed, but it would 6e difficult to limit that property as far as hours of operation. He stated they have tried to come up with the best possible solution for this corner and for the City's use. Mr. Langseth stated he would be willing to meet with the residents to explain to them the Mr. Donut operation. Mr. Paulson stated the one thin9 that triggered this petition was that th�s was to be an office buildingyper�od. He stated the letter came out that this was to be an office build�ng. He stated the people are concerned and they wouldn't have filed the petition if they weren't He felt the letter was � in error as it stated it was an offi ce building. h10TI0N by Councilman Barnette to receive Petition No. 11-1979 against the rezon�ng. Seconded by Councilman Schne�der. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. No other persons in the audtence spoke for or against this rezoning request. MOTION by Councilman Fitzpatrick to close the public hear�ng. Seconded by Counc�lwoman Moses. Upon a voice vote, all votin9 aye, Mayor Nee declared the motion carr�ed unanimously and the puhlic hearing closed at 8:55 P.M Cou�cilman Barnette stated he has the tendency to agree with the proposal as presented. He felt it was an upgrading of the area, and a possibility of limiting the hours could be discussed with whatever tenant would go in at this locat�on. He stated, generally, he was in favor of the proposal, with possibly some ayreement regarding hours of operation. Counc�lman Fitzpatrick indicated he agreed with councilman Barnette's statements. He felt the staff could communicate with the petitioners regarding the discussion that took place this evening Couniclwoman Moses stated it is resolved �n her m�nd that there wouldn°t 6e any l�quor operation. She stated she can see the res�dents' viewpoints � on the hours, but couldn't see what would 6e attracting that much traffic. She felt the ecor�omic feasibility has to be taken into account for Mr. Langseth's clients. She felt she would like to see something go in at th�s loca�ion, rather than dropping the entire plan because of the hours of operation. Mr. Qureshi stated the staff would check to see what type of flexibility their plan might have, before Council takes act�on at the next meeting. Councilman Barnette stated that Mr. Jorgenson and Ms. Mathisen have been in attendance at all the hearings regarding development on that corner and felt they, as well as the other residents, should be kept informed. ��� PUBLIC HEARING MEETING OF JULY 16, 1979 PAGE 6 PUBLIC HEARING ON VACATION REQUEST, SAV �79-02, CITY OF FRIDLEY, UNIVERSITY MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Barnette. �pon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:58 P M. Mr. Qureshi, City Manager, stated this proposal was approved a year ago for the Super America operation, but the roadway was actually owned by the State Highway Department and it took th�s long to complete negotiat�ons. � He stated the City now has control of the roadway and the proposa1 is to vacate these easements and make exchanges of property in order to realign the service road. Councilwoman Moses stated tt was brought up by Mr. �orgenson and Ms. Mathisen that traff�c from the drive-in theatre goes down 4th, 5th and 6th Streets and was wonder�n9 how much other use the frontage r4ad would get past Motor Valet. She felt poss�bly, when this service road �s completed, the South end of 4th, 5th and 6th Streets, could be closed off to try and eliminate some of this traffic through the residential areas. P4r. Qureshi pointed out the traffic pro6lem is only a few months out of the year when the drive-in theatre �s open. He felt is th�s was done, there may be another problem with vehicles using these streets, having to ftnd a place to turn around. Mayor Nee thought perhaps if people d�dn't start using the service road when it ts completed, some temporary blocking at the South stde of 4th, 5th and 6th Streets might help solve some of the traffic problems �n this residential area. Councilman Barnette felt possibly something temporary could be done from May to September when the drive-in is in operation. Mr. John Lynch, 5649 Un�versity Avenue, and one of the owners of Motor Valet, � indicated he was confused about the plan for the service rnad, since the last plan he has seen shows that their sign would be right in the middle of the serv�ce drive. He stated it seemed they are los�ng more property than what they were originally considering. Mr. Lynch stated the present drawing is uifferent than the one they had seen last �anuary. Mr. Qureshi stated there has been no change and this was the plan the City has been working on for a long time. Mr. Qureshi asked if they were aware of the plan when they put up the sign. Mr. Lynch stated there was conversation a6out the service road, when they applied for the sign permit He didn't think, however, they were goin9 to take that much land or else he wouldn't have put up the sign. Mr. Qureshi stated, in looking at this proposal, he felt it would help the hiutor Valet property since they would have better access. Mr. John Pomaville, 5649 University Avenue, felt what they would be giving up and what they are receiv�ng Wasn't fair compensation. Mr. Qureshi stated that staff would have to meet with the property owners regard�ng this matter. Councilman Fitzpatrick stated in the case of Parcel 2, it is cut off completely from the rest of the property and it seems to him that putt�ng this parcel , in pr�vate hanJs wo��ld raise the question of the kind of use it would have. Mr. qureshi stated this would have to be checked into and possib7y have some covenants placed on it. He pointed out there would be two readings of the ordinance before the land is vacated, and at this point, it is �usi the public heartng for the vacation. No other persons tn the audience spoke regarding this vacation. � 6�i , PUBLIC HEARING MEETING OF JULY 16, 1979 PAGE 7 ',,, MOTION by Councilman Barnette to close the public hearing. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmsously and the put�lic hearing closed at 9 18 P.M. ADMINISTRATIVE PUBLIC HEARING ON EXPENDITURE OF REVENUE SHARING FUNDS FOR 198D: The City Manager, Mr. Qureshi, opended the administrative public hearrng on the expenditure of revenue sharing funds for 198D at 9 20 P.M. He reviewed the proposed expenditures from the revenue sharing funds for 1980. Expenditures are proposed �n the following areas: City Management, Police, Fire, C�vic Center and Parks and Recreation with a total of $92,800 for personnel services; $68,425 for other expenses and $68,775 for capital outlay for a grand total of $230,000. No persons in the aud�ence spoke regardtng the proposed use of the revenue sharing funds. Pir. Qureshi then closed the public hearing at 9 30 P NI NEW BUSINESS: RESOLUTION N0. 90-1979 TO ADVERTISE FOR BIDS FOR RESPIRATDRY AIR MOTION by Councilman Schneider to adopt Resolution No 90-1979 Seconded by Counc�lwoman�4oses. Upon a voice vote, all voting aye, P�ayor Nee declared the motion carried unantmously. CLAIMS: MOTION by Councilman Fitzpatrick to approve payment of Claims No 171511 through 193520. Seconded by Councilman Schneider Upon a vo�ce vote, all vot�ng aye, Mayor Nee declared the motion carried unan�mously. ESTIMATES: MOTION by �Counc�lman Schneider to authorize payment of the estimates as subm�tted. Suburban Engineering Inc. 6875 Highway No. 65 N.E. Minneapolis, MN 55432 Partial Estimate #1 - Mum cipal Improvement Pro�ect #127 League of Minnesota Cit�es 30D Hanover Building 480 Cedar Street St. Paul, MN 55101 Membersh�p dues from September 1, 1979 Through September 1, 1980 Sm1th, �uster, Felkema, Malmon, & Haskvitz 1250 Builders Exchange Gldg. Minneapolis, MN 55402 For services Rendered as Prosecutor for June, 1979 Seconded by Councilman Barnette. $14,901.60 a 5,958.00 $ 1,950.00 Councilwoman Moses questioned the dues to the League of Minnesota Cit�es. She asked what kind of incentive there was to get other cities to belong to try and get the C�ty's dues reduced. Mr. Qureshi stated the League does a lot of work �n the Legislatzve area and the City calls upon them daily on work in the administrat�ve area. He stated almost every city of any size belongs to the League. PUBLIC HEARING MEETING OF �ULY 16, 1979 PAGE 8 P4r. Herrick, City Attorney, stated they use the servtces of the League and it saves a lot of money tn legal research. UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the mot�on carried unan�mously. COMMUNICAITONS: ALVIN L. KEDING PERMISSION TO SERVE BEER AT PICNIC: MOTION by Councilman Schne�der to receive the communication from Alvin L. Keding. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimous]y. MOTION by Councilman Schne�der to grant permission to Alvin Keding, 115 Logan Parkway, to serve beer at a picnic on July 21 at Logan Park. Seconded 6y Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NG PETITION N0. 9-1979 AGAINST THE CLOSING OF GLENCOE STREET. MOTION by Counc�lman Fitzpatrick to receive Petit�on No. 9-1979 against the closing of Glencoe Street. Seconded by Counctlman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LETTER FROM THE CITY MANAGER TO THE EXECUTIVE DIRECTOR OF THE METROPOLITAN COUNCIL REGARDING THE SECTION 8 PROGRAM MOTION by Councilman Schneider to authorize su6mission of the letter from the City P1anager to the Metropolitan Council regard�ng the Section 8 Rehabilitat�on Program. Seconded by Councilman Barnette. Upon a voice vote, a71 voting aye, P9ayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Counc�lman Barnette to ad�ourn the meettng. Seconded by Mayor Nee. Upon a votce vote, all voting aye, Mayor Nee decldred the motion carried unanimously and the Public Hearing of the Fridley City Council of July 16, 1979 ad�ourned at 9:35 P.�4. Respectfully subm�tted, �i� i_ � �� ;�'�,�„ c' � y''�.— Carole Haddad Secy. to the City Council Approved 7/23/79 V!/iX.udl^�-� l/ `r� William J. Nee Mayor � � ,