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09/12/1966 - 00021333� � � � 9/12/66 THE MINUTES OF THE SPEC7AL COUNCIL MEETING OF SEPTEMBER 12, 1966 The Special Meeting of the City Council of the City of Fridley was called to order by Mayor Kii'�cham at 8;00 P.M. � RQLL CALL MEMBERS PRESENT: Kirkham, Harris, Samuelson, Sdright (Arzived at 8:15 P.M.) MEMBERS ABSENT: Sheridan PUBLIC HEARING ON ASSESSMENT ROLL - 1966 SEAVICE CONNECTTONS: The City Manager read the Notice of Hearing. Mayor Kirkham asked if the Administration had received any written ob�ections or comments. The City Manager said that none had been received. Mayor Kirkham asked if there was anyone present at the Council Meeting who wished to be heard on this assessment. There was no answer. Mayor Kirkham declared the hearing closed at 8;05 P.M. PUBLIC HEARING ON ASSESSMENT ROLL - ST. 1965-3: The City Manager read the Notice of Hearing. Mayor Kirkham asked if the Administration had received any written ob�ections or comments. The City Manager said that none had been received. Mayor Kirkham asked if there was anynne prESent at tne Council Mee.ting who wished to be heard on this assessment, Mr, David Wade, 299 - 67th Avenue Northeast, a,ked t�hat this assessment � covers, and what his assessment wi11 be. The City Engineer explained that this is for concrete curbs and gutters, and does not include any part of the stxeet. He said that if it runs in front of his property, he wi11 be paying 1/4 the cost of the concrete curb and gutter - everything else is being paid by the State. The Finance Director looked up Mr, Wade's assessment, and s�;d it would be $34 J 8, spread over a ten year period if he does not choose to pay it off immediately. Mr. Robert Boege, 290 Rice Creek Terrace, asked what his assessment wi11 be, and was told $33.84. Mayor Kirkham asked if anyone else wished to be heard on this assessment, and no one answered. Mayor Kirkham declared the hearing closed at 8;10 P.M. PUBLIC HEARING ON MILL LEVY - 1967: The City Manager read Resolution No. 105-1966 passed August 1, 1966, declared the necessity for an additional tax levy in addition to the 30 mill limita- tion provided by the City Charter, specifying the purposes and calling for a Public Hearing. Mayor Kirkham explained, for the benefrt of the people present at Yhe Council Meeting, that when the Charter Commission set up the City Charter, they arbitrarily set the levy at 30 mills, and at no time since, has the City been able to stay within this limit, and the 1aw requsr zs that the City Council � call for a Public Hearing to allow the Council to adopt a mi11 limit in excess of ihat provided by the City Charter. He said that this action has been a matter of routine for over nine years. Mr. Szyplinski, a visitor to the Council Meeting, asked if this mean¢ the City has been running in the red all this time, and if this mi11 levy was for parks up in the river bottoms he was against it, as he did not feel the City needed them at a11. Councilman Harris asked if he meant the island, and when he answered that he did, Councilman Harris said that the Council was �ot proposing that the City buy any more islands. The visitor asked how high the levy would go as the people should know, Co�ancilman Harris ��2'j66 said that it wi11 be in excess of 30 mills, and the amount will be known when the budget is adopted The visitor asked if it wasn't correct thak the City operates at 30 mills or less. Mayor Kirkham pointed out again that the City has always exceeded 30 mills. (Councilman Wright arrived at the Council Meeting at 8:15 P.M.) MOTION by Councilman Harris to continue the hearing and discussion on the Mill Levy until the next regular Council Meeting on September 19, 1966. Seconded Uy Councilman Wright Upoa a voice vote, there being no nays, Mayar Kirkham declared the motion carried. � Mayor IZirkham explained to Councilman Wright that there had been no ob�ections at the Public Hearing on Z966 Service Connections, and at the Public Hearing on St. 1965-3 there had only been two inquires as to the amount of assessments. RESOLIITION ��140-1966 CONFIRMING ASSESSMENT FOR 1966 WATER AND SEWER MAINS, LATERALS AND SERVICE CONNECTIONS (SCHEDULE A)• MOTION by Councilman Harris to adopt Resolution r'k140-1966. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declaxed the motion carr�ed. "- � RESOLUTION �k141-1966 CONFIRMING ASSESSMENT FOR STRECT IMPROVEMENT PROJECT ST. 1965-3: MOTION by Councilman Samuelson to adopt Resolution �k141-1966. Seconded by Councilman Wright Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. ORDINANCE N0, 746 - TO AMEND THE CITY CODE OF THE CITY OF FRIDT,EY, MINATESOTA BY MAKING A CHANGE IN ZONING DISTRICTS: The City Manager read the proposed rezoning Ordinance.- The City Manager said that the Council had received copies of the two covenants, one prepared , by Erickson Corporation and one by the City Attorney. He said that the only changes he had found, were that C-2S should read C-2 as it is in the ordinance, and that the Erickson Corporation wanted the words, "but not including dry cleaning establishments" inserted after the �5ords, "clothes pressers" in ' paragraph I, number 1� The City Attorney rioted that they wanted the agreement to be in the name of their land holding company. Councilman Harris noted that there were people in the audience who had been notified that this item would be on the agenda, and he suggested that before the Council took any action, the restrictions be read to the people. Councilman Wright asked for a clarification of the area involved for the people in the audience. As Gouncilman Wright pointed the area out on the map, Mayor Kirkham explained that the area Was bounded by 57th P1ace on the north, 57th Avenue on the south, Main Street on the west, the University Service Drive on the east. Councilman Wright read the legal description of the Lots to be rezoned, which were all the Lots in $lock 7 except Lots 3, 4, 5, 13 and 14, and all of Block 8 except Lots 1, 2, 3, 4, 5 and 6. Mrs. Abitz, 216 - 57th Place, a visitor to the Council Meeting, asked what diiference this would make in her taxes when it is zoned commerical. Mayor ICirkham said that this rezoning does not include her 1ot, and her taxes wi11 remain the same Mr. Szyplinski, 233 - 57th Place, said that this lady`s � taxes will go up when she is next to commercial, and Councilman Samuelson said that they would not, unless she improved her lot, Mr. Szyplinski said that, as an example, if you live in an area, and they start building $40,000 houses around you, your taxes go up. Councilman Wright explained that Mrs Abitz' property is assessed as residential, and havi_ttg commercial neighbors does not raise the value of her property unless her property is rezoned commercial. Mrs. Abitz said that they have made her an offer if she will wait a year as an option, but she said then she wi11 have another year's taxes to pay. She asked if she wanted to se11 to Erickson, could she get her property rezoned commercial� Councilman Wright said that he could not answer for what tl�e Council would do, but if both parties were satisfied and wanted it zoned commercial, he felt he would vote for it, and in the meantime her property is not being rezoned, and the Council is her protection that she is not squeezed out. �_�� 9/12/66 Mr. Szyplinski asked what would happen to the valuation of the land if they got the back end of a store facing them. The City Manager then read the agreement to the people which listed all the restrictions. Mr Szyplinski asked for a clarification of the last paragraph dealing with the property immediately to the north. Councilman Wright explained that if the property to the north is zoned for commercial use, rt would have to be restricted in the same way. Mr. Szyplinski said that the agreement does not tell what Erickson wi11 be putting in, it �ust lists what they cannot put in. Council- man Wright said that the Council cannot tell them what they can put in, but the agreement excludes everything they feel would be ob�ectionable. IIe � said that many things are ruled out already by the C-2 zoning. He read the list of types of businesses which are not permitted in C-2 zoning, and poittted out that this agreement adds to the list Mr. Szyplinski said that the Council is taking away tax money, and the people are going to have to pay more to make up for it. Councilman Samuelson said that there is a higher tax return on commercial property per acre. Ms. Szyplinski said that tte had the assessor figure this out for him, and Erickson wi11 be paying less than he does on a per square foot basis. Councilman Wright pointed out that Erickson will be putting up bigger buildings, which will pay higher taxes. Mr. Szyplinski asked why Crickson would put up bigger buildings, if they can operate out of a she11. Council- man Wright said that Erickson would be foolish to build less than the buildings they demolish. Councilman Wright said that this agreement is about as tight an agreement as there can be, and Erickson cannot start operation until they receive a Certificate of Occupancy, which the Council wi11 not grant until they have done a11 they promised to do, and furthermore, the restrictions will apply to any other lots or ad�acent area. Mr. Szyplinski asked why anyone else should be penalized with restrictions that were necessary for Erickson Councilman Wright said that Mr. Szyplinski wanted to have his cake and to eat it too, by wanting the restrictions closed for Erickson, but open when he wanted to sell. � Mr. Kravik, Chairman of the Planning Commission, said that the Planning Commission had not seen these restrictions, and wondered who would see that they were adhered to. Councilman Samuelson said that the agreement will become part of the deed Councilman tdright said the City wi11 be party to the contract and it wi11 be on all the heirs and successors He said he was sure the City would hear fram the residents if Erickson did not adhere to the agreement, A visitor at the Public Hearing asked if the Council will be able to te11 the Holiday Store when they have to close, as the store out south stays open until midnight Mayor Kirkham said that the Council does not ha.e this authority, and that there is no Sunday closing ordinance in Pridley. Mr. Szyplinski said again that he knew the taxes would be less than they are today. Councilman Samuelson said that when Erickson is through building, it will be assessed at a minimum of $190,000 per acre which is approximately 3 times what residential would be assessed at Councilman Wright said that this property will have more restrictlons than any other property in the City, and he would like some indication if the people feel they have gone far enough. A visrtor to the Council Meeting said that there wi11 sti11 Ue a traffic problem on 57th Place. Councilman Wright pointed out that part of the � agreement is that there will be no entrances on 57th Place Mayor ICirkham said that there wi11 be no reason for people to use 57th Place A visitor asked if parking coiild be restricted on 57th Place, Mayor Kirkham said that this could be done at any time there is a problem. The visitor said that 57th Avenue should be posted now. Councilman Samuelson pointed out that this is a County road and the Council cannot post it Mr. Holvenstot, representing the Erick� n Co,.poration, said that they will require no parking on 57th Avenue as they have provided offstreet parking for over 1200 cars on their own property, and he stated that their engineers have designed a stacking lane for exiting on the south side of their property which has been approved hy the State. �_�� 9/12/66 Councilman Ldright said that the County would probably be amenable to restricting parking, and asked if either the residents or Erickson would ob�ect to the Council requesting restrictive parking on 57th Avenue from the County Board They said they would not object. MOTION by Councilman Harris that the Administration direct a letter to the Board of County Commissioners requesting them to post 57th Avenue from University Avenue to Main Streety and from Main Street and 57th Avenue on County Road 102 to the bridge with "No Parking" signs on both sides of the street, Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. MOTI0IQ by Councilman Wright that the Council authorize the Mayor and the City Manager to sign the agreement with the Lyndale Terminal Company (Erickson Corporation) agreeing to restrictions, Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motioa carried. MOTION by Councilman Harris to adopt Ordinance �{346 to amend the City Code of the City of Fridley, Minnesota by making a change in zoning districts upon second reading and publish it. Seconded by Councilman Samuelson. Councilman Samuelson said to make sure the zoning in the Ordinance was correctly listed as C-2, and reminded the Administration of the discrepancy in the agreement The City Manager said this would be changed in the office. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. RECESS: The Mayor declared a 10 minute recess at 9;05 P.M. reconvened at 9;15 P.M. 1967 BUDGET (TABLED 8/1/66, 8/15/66, 9/6/66); The Meeting was MOTION by Councilman Harris to adopt the Budget as su'6mitted. Seconded by Councilman Wright. Mayor Kirkham asked if anyone had any further discussion on the Budget. Councilman Wright said that although he realized there was no such thing as a proxy vote, he felt Councilman Sheridan would support the motion on the floor. Mr. ,7ohn Meyer, a visitor to the Council Meeting, said that he had no specific item in mind, but asked if some time could be taken to go over a few of the items, and the reasons for some of the increases and decreases. The City Manager explained that the mi11 value, figured at 98% collections which is felt to be a saf-e margin, equals $16,170.00. He said that the Council can fairly safely say that the estimated mi11 rate will not be any higher. He sazd that it usvally is .2 to .4 of a mi11 less than what the Council estimates. IIe said the needs of the City are sent to the County in dollar amounts, except for the Firemen and police Pension which are always 1 mill, and they are applied to the valuation which sets the mi11 1evy. The City Maaager explained that the operations of the City are estimated at 30.9280 mi11s and the Traffic Signal Share, Sidewalk Share and Reserve are broken out of the General Fund as they do not represent the operations of the City. He explained that the Charter requires a reserve fund be set, but does not specify the amount, and this was arbitrarily set at one mill, as were the traffic signal share, which is in the hole at the present time, but this wi11 show good intentions, aad the sidewalk fund which will be necessary in the future. Councilman Haxris said that he had a few comments that he felt should be given to the public and the press and also should be part of the record concerning the budget for 1967: � , � � �� � ���� 9/12/66 "Considerable time and effort has been spent in �oint council sessions and individual evaluation in arriving at a budget that wi11 provide the services required to a11ow Fridley to maintain an orderly growth pattern, It would have been possible to prepare this budget within the same mill rate as the previous year but with careful consideration given to the needs and wants of the public it has 6een raised approximately 2 mills, Our operating mi11 rate has actually been reduced for the coming year while sti11 providing increased services to the pu6lic. This is reflected in a number of items which in part include improved police protection with , the addition of three new patrolmen, Even more significant is the increase budgeted for the Parks Department. This budget brings it back to a realistic level after absorbing a 25% reduction in 1966 from the previous year. Monies from the budget this yeaz will provide the City with adc�tianal equipment reeded in the Public Works Department which will imp*i�ce its efficiency. A1so a new fire pumper for the Fire Deparmtne is in part carried by this budget. Additional costs are reflected in the budget covering signalization of the intersections which is a unilateral City participation with the State. Of the two mi11 increase in this hudget one has been set aside for sidewalk construction, and one mill for the police pension fund which the City must provide upon reaching the status of a second class City These two items along with the signalization at one mill, provides three mills of service increase for the cost of two. I feel much good planning has gone into next years budget and its approval shows good faith with the people of L'ridley that the services they require wi11 be met by the City." After Councilman Harris had conciuded hds_cornmen�s, Mayor Kirkham ask�d af there waza any questions on the budget. � Mr. Wilbur Whitmore asked about the mill the Council had set for sidewalks. Councilman ftarris explained that this fi gure was set for the future. Mr Whitemore asked if none of the cost wi11 be assessed. Councilman Samuelson said that some of the cost wi11 be assessed, as schools will pay 100% oF the cost for their property and the homes along which the sidewalks run wi11 pay some. Councilman Wright sand that the assessment will depend on the nature of the area. Mr. Meyer asked if the City property has been reass�;sed. Councilman Samueison said that property is looked at every two years for improvements, and would not be reassessed until the County or State came back and said to reassess it. The City Manager said that there has been some increase in land value State wide. A visitor asked why the City collects only 98% of its taxes. Mayor Kirkham said that this was a figure used to estimate the return, and Councilman Samuelson explained that some land is tax delinquetit, and the City gets some of this land on land forfeiture, but this takes 7 years Mr Meyer asked about the increase in the Sanitation and Health Budget, and the City Manager explained that of the $716 difference, �456 :aas in increased payroll, and the amount was increased for contractual service• as we are trying to get more active in the Public Health field. � Councilman Harris pointed out that there are three areas of large increase The Police Department which will be increased by three men at the request of the Commission and Department, plus a new man that started this year, and their vehicles and equipment will have to be increased in accordance. Councilman Harris said the Public Works Department has an increase in caprtalization and in increased personnel and service. He explained that the Parks Department was reduced from $80,000 to $60,000 Last year during an election year and this was found inadequate He said that this wi11 bring it back to a Leve1 whexe it can operate efficiently. Mr. Meyer said that he did not think people minded paying the taxes if they know how much is additional service to themselves and how much is normal increase Council- man Wright said that in many cases it may look like an increase in services when additional equipment and employees are added, Uwt in reality the per capita is going up, and there are that many more heads to be served. Council- man Wright said that this budget is an election year budget also andone he would be happy to run on. ��� 9/12/66 VOTE on the motion to adopt the Budget as submitted: Upon a roll call vote, Kirkham, Harris, Wright, Samuelson voting aye, Mayor Kirkham declared the motion carried REORGANIZATION OF PLANNING COMMISSION (TABLEB 9/6/66): Counciiman Harris said that he had spoken to Mr. Kravik of the Planning Commission who said the Planning Commission had gone over this and had made a motion for its adoption. MOTION by Councilman Harris to table this item until the next regular Council Meeting of Spetember 19, 1966 to give the City Attorney a chance to prepare an Ordinance. The motion was seconded, and upon a voice vote, there being no nays, Mayor ILirkham declared the motion carried. Councilman Wright said he was now satisfied with the clarity of the proposed reorganization as summarized by the City Manager, and he has no reservations strong enough to warrant furtl}er discussion. The City Attorney said that he would have a first draft ready for the next meeting for the Council's discussion and suggestions. BIDS ST. 1966-6 (OPENCD NOON, SEPTEMBER 12, 1966): The City Manager read the following bids: Dunkley Surfacing Company 3756 Grand Street Northeast Minneapolis, Minnesota Hennepin Black Topping Co P.O. 2675 New Brighton, Minnesota C. S. McCrossan, Inc Box 322, Route ��2 Osseo, Minnesota United Pacific 5% WSF&G 5% United Bonding Ins Company 5% $121,247.64 $122,684.83 $111,489.12 6/15/67 90 Cal days MOTION by Councilman Harris to concur with the Administration's recommendation and award the contract to the 1ow bidder, S. C. McCrossan, Incorporated, in the amount of $111,489.12. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Council- man Wright noted that the bid was 20% under the estimate. The City Engineer showed the Council a map of the streets involved, and explained that as much will be done this year as the weather wi11 permit. APPROPRIATION ORDINANCE - 196;: MOTION by Couacilman Wright to waive the reading and adopt the Appropriation Ordinance at the First Reading. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Ktrkham declared the motion carried. ADJOURNMENT : There being no further business, Mayor Izirkham declared the meeting of September 12, 1966 ad�ourned at 9:45 P.M Respectfully submitted, ���i� i � Cc L�,c i,�� ����,����C, Lu%Strom � Acting Secretary to the Council '+ % ! /p �G'..Cif� C�, ��L.%lC L�C_ .� ��- � MAYOR - JACK 0. KIRKHAM � � �