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04/10/1967 - 00020997� THE MINUTES OF THE SPECIAL COUNCIL MGETING OF APRIL 10, 1967 The Special Council Meeting of Apri1 10, 1967 was called to order by Mayor Kirkham at 8:08 P.M. ROLZ CALL MEMBERS PRESENT: Kirkham, Liebl, Samuelson, Sheridan, Harris (Arrived at 8;12 P.M.) MEMBERS ABSENT: None OPENING CEREMONY• Mayor Kirkham asked the audience to stand and �oin in saying the Pledge of Allegiance to the F1ag. ADOPTION OF AGENDA: MOTION by Councilman Samuelson to adopt the agenda as presented. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor I�irkham declared the motion carried. PUBLIC HEARING ON REZONING FROM R-1, R-2 AND C-2 TO M-2, BOISE-CASCAD� PROPERTY; ' The City Manager read the Notice of Hearing. Mayor Kirkham asked if there was anyone in the audience in opposition to thls rezoning. There was no answer. He asked the representatives of the Boise-Cascade property if they would like to make a presentation to the Council. Mr. Larry Griffith said he was at the meeting cn Uehalf of Boise-Cascade, the owner of the property, and more specifically on behalf of the prospective purchaser. He introduced Mr. Rohert Aspelin who a15o represenCs the prospective purchaser. The representatives showed the Council the plans and a drawing of the proposed use of the property. Mr. Grif£ith explained there was one additional section of land that came with the package that they had no plans for at the present time, but would see what developed in the future. He showed a parking plan for the building. (COUNCILMAN HARRIS ARRIVED AT THE MEETING, 5:12 P.M,) Mr. Grif£ith showed the Council an artist"s sketch of the building looking at it from 73rd Avenue. Councilman Liebl asked if the front exterior would be brick or concrete. Mr, Aspelin said that it sti11 has not been definitely decided, but he could assure the Council that it would be attractive, Mr. Griffith reminded the Council that the prospective buyer only has this under a short term option, and the property has not been committed to the � pur�iiaser, He said that they will have to decide soon, and they cannot purchase the property unless it is properly zoned. He said they would try to answer any questions necessary for the Council to make a decision, Mayor Kirkham pointed out that the Council does not need to know all the detail plans at this stage. Councilman Samuelson said he felt the re�oning should be done anyway to tie the area together. SPECIAL COUNCIL MEETING, APRIL 10, 1967 PAGE 2 The City Manager reviewed the reaction of the people that had been at the Planning Commission Meeting. He said that there had been several people from Moundsview who had not been opposed to it, and there had ottly been one man from Fridley who had asked about railroad crossing signals. ' Mr. Griffith said he had gotten the impression that the man from Fridley had thought it was a good idea. Mayor Kirkham said that if there was no further discuss�,on he would close the hearing. MOTION by Councilman Samuelson, seconded by Councilman Sheridan to close the Public Hearing. Upon a voice vote, there being no nays, Mayor P.irkahm declared the Public Hearing on rezoning the Boise-Cascade property closed at 7:17 P.M. The City Engineer pointed out that the County may need more right-of-way than is specified for street purposes. Mr. Griffith said he was sure the City would get complete cooperation. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS - FROM R-1, R-2, AND C-2 TO M-2 -$OISE CASCADE PROPERTY; MOTION by Councilman Harris to adopt upon first reading, waiving the reading, an ordYnaace rezoning the Boise-Cascade property to M-2. Seconded by Counczlman Samixelson. Upon a ro11 ca11 vote, Kirkham, Harris, Zieb1, Samuelson, Sheridan voting aye; nays, none, the motion carried unanimously. BIDS - W-83 (OPENED NOON, APRIL 1D, 1967): � The City Manager read the bids and the communication from the Consulting Engineer pointing out that the low bidder would allow a deduction of $80 if the painting of the reservoir can be completed immediately, rather than delayed until the fence is in place. Councilman Samuelson said that for $80 he thought it was worth it to wait. Councilman Harris said that he had specifically made a request that if the cost was not too high, to wait wich the painting until the fence was installed to avoid vandalism. He said he feels the $80 will be we11 spent and suggested it be included in the award. MOTION by Councilman Sheridan to award the contract for Water Improvement Pro7ect �k83 to the 1ow bidder, Rysgaard-Master Company, Inc., 1253 West Connelly Avenue, St. Paul, Minnesota, 55112, in the lump sum amount of of $7280.00, delaying the final coat of paint until the fence is in place. Seconded by Councilman Aarris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. PROPOSED PARK PROPERTY PURCHASE: The City Manager said that Mr. ➢on Fontaine was asking $4700 for his property on the basis that he has 10 acres of land, which would be a compromise between the appraiser's value of $4500, figuring $450 an acre if there are 10 acres, and the $5,000 Mr. Pontaine originally asked. The City Manager said the appraiser's measurment had come to 8.56 acres, which w�uld be 3825 at $450 an � acre. Councilman Samuelson suggested they use the appraisal price of $450 an acre, and determine the final price by the boundary survey as laid out. The City Manager said he had talked to Mr. Fontaine ahout this, and he was not interested and that $4700 was his price regardless of the acreage, as he had originally asked $5,000 for the 1D acres, The City Manager said that SPECIAL COUNCIL MEETING, APRIL 10, 1967 PAGE 3 Councilman Harris had advised that Mr. Siverts had �aanted $500 an acre. Councilman Samuelson said he had understood that one contour line would be used and there would be one price. The City Attorney said that it would � probably be better to buy it as a described area, making sure they had flood rights to a certain elevation. Councilman Harris asked what else was being considered besides this frontage properYy. The City Manager said that the other land was tax forieiL property held by the County. The Clty Attorney asked if it was available from the County, The City Manager said they were withholding it from sale until the Council decides. Councilman Harris asked what kind of psoblems the Council could be creating if they created an artificial lake. He pointed out they would not want to purchase houses. The Council studied the map for the location of homes, but they were at a higher elevation. The City Manager pointed out that if this area ended up in a watershed area, the Council would not have much control as it would have to fit into the watershed scheme. The CiCy Attorney said he was sure they would like a park as a pondLng area. Councilman Harris said that it seemed that there was Znsufficient information this evening to make a determination as they should know what parcels were included and what contour lines would be used. The Council discussed what contour lines could be used. Either the 860 ox 870 contour line could be used as an arbitrary line. MOTION by Gouncilman Harris to return thLS proposed park property purchase to the Administration for a full report with all engineering data necessary. Seconded by Councilman Sheridan. Councilman Liehl asked if it was the intention of the Council to make this � whole area a park. Mayor Kirkham said that it would be purchased for park purposes. He said the Council was thittking of creating a lake which would serve two purposes, as a ponding area for flood control on Rice Creek as we11 as recreational purposes. Councilman Lieb1 asked if by buying the property, the City wi11 have to pay the assessment fox the watershed district, but as things are now, the present property owners would pay for it. The City Attorney said there are two types of assessments on the watershed district. One is the mi11 tax levy, and if the property is owned by the City there would be no mi11 levy against public property, the other is an assessment for benefits, and this ��ould depend on whether there was any pro�ect that would benefit this particular property, and if so, the City would pay a share. Councilman Lieb1 asked if the people ��rho own the property at present have indicated theq are willing to se11 at the estimated price. Mayor Kirkham said that this is something that wi11 have to be determined. He said the Council has an indication, but the final determination wi11 have to be made after a11 the facts are available, UPON a voice vote, there being no nays, Mayor Kirkham declared the motion carried. RESOLUTION ik68-1967 - REQUESTING ANOKA COUNTY TO PETITION I'OR CREATION OF A RICE CREEK WATERSHED DISTRICT: Mayor Kirkham said he had been waiting for this ever since he had called the � first meeting. He said that the Association has determined that it would be best if there is a Rice Creek Watershed District. MOTION by Councilman Lieb1 to receive the communication and resolution from the Rice Creek Association, concur with them, and proceed by zequesting the County Commissioners to start proceedings in forming a Rice Creek Watershed Dastrict. Seconded by Councilman Samuelson. SPECIAL COUNCIL MEETING, APRIL 1D, 1967 PAGE 4 The City Attorney asked Mayor Kirkham if he thought it would be advisable to get the other communities in Anoka County together and advise them of this action to try and get additional support, Mayor Kirkham agreed with this and said he would bring it up at the next Anoka County Association of � Municipalities Meeting. Councilman Harris said he thought this should be done in the form of a resolution rather than a simple motion, The Council agreed, and Councilman Lieb1, wrth the agreement of the�seconder, reworded his motion• MOTION by Councilman Lieb1 to adopt Aesolution �'68-1967 asking the County Commissioners to proceed with the formation of a Rice Creek Watershed Dr.strict, and that the Council receive the communication and resolvtion from the Rice Creek Association. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carrxed. The Gity Attorney faas requested to draw the resolution for ratification at the next meeting. CERTIFICATES OF APFOINTMENT - F.H.R.A: MOTION by Councilman Samuelson to receive the Certificates for Appointment to the Fridley Houszng and Redevelopment Authority far Mr. Car1 Paulson, Mr. Donald J. Muri, Mr. Stan W. Carlson, Mr. M. M. Mahurin. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motlon cazried, LOT SPLIT - LS4k67-01 - MYLO PARKS: The City Manager explained that one portion of this lot has been sold with- out going through the formality of a lot split. He said that Anoka County ' will split the taxes, but they wiZl not splrt the assessments, and xf a 1ot split is nor granted, one of the present owners wi11 have to pay assessments on land which he does not own. Councilman Samuelson asked if the two lots are described as separate entitxes. The City Managex said they were. Councilman Sheridan asked how the Ordinance was worded on splitting a lot after it has been split once, as this 1ot has been split once already. The City Attorney looked up the ordznance and said the minimum square footage must be between 27,000 square feet and an acre. Councilman Sheridan said he was afraid the Council would be creating the same situation that they had on Ondoadaga Street and Old Central where Mr. Nygard's whole lot would be used up by a setback. The City Manager said that the Planning Commission had pointed out that this will landlock one 1ot, The Council discussed the set- back ordanance. The City Engineer said that there is no backyard setback for C-2, but in R-1 it is 25 feet, and it would be a 35 foot minimum on the front setback. Ae said that with the parking requirements for a building, this lot would be very smaZ1, and a corner 1ot shoul3 be a lzttle better, and this could be starting a chain reaction. The City Manager said he was not tecommending this lot split, but the Council has considered this type of split in the past. fte said the biggest prob7em is that the corner lot would be small. Mayar Kirkham said that perhaps the problem could be solved by correcting one lzne and denying the rest, The Council discussed granting the 35 feet they wanted and not making two lots. This way they could pay the taxes and the owner could worrq about the two deeds on the pxoperty. Mr. vanDan, a visitor to the Council Meeting, asked if this petition had ' been submitted to the Planning Commission or if it had come directly to the Council. Mayor Kirkham said that this had gone to the Planning Commission first for their recommendation. '� � � SPECIAL COUNCIL MEETING, APRIL 10, 1967 FAGE 5 MOTION by Councilman Sheridan to grant a 1ot Split to Mylo Parks on Lot �k10, Auditor's Subdivision No. 10 (Revised) so that starting from Central Avenue going East, the fixst �arcel size wi11 be approximately 235 feet, the next parcel to the East will be 109 feet, and the third parcel, which is the farthest to the East, will be 90 feet. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declaxed the motion caxried. 3RD STREET PATTERN• Councilman Liebl asked if every member of the Council was aware that Erickson Petroleum had dropped the proposal, and was not going through with their request that 3rd Street go through to 57th Avenue. Councilman Liebl asked if any member of the Council had anything to do with it or had discussed it wrth Mr. Rote. He asked the City Manager if he knew wliat the reason was for it being dropped, The City Manager said that Mr. Rote had �ust asked him to take it off the Planning Commission's agenda, which he said he could not do, He told Mr. Rote he should write a letter explaining why they wanted it taken off. He said that the letter had arrived on the same day as the Planning Commission meeting. He said that Mr. 7ensen had talked to Mr. Rote and he understood that they were concerned that someday they might want a building there. Councilman Liebl said that in the Minutes of the Plats and Subdivisions Sub-Committee Meeting, two had voted in favor of it, two against, and Mr. Jensen had abstained. He asked why Mr. Jensen had abstained. The City Manager said he did not know, and he did not beli_ve anyone had asked Mr. Jensen. Councilman Liebl said that last year Erickson Petroleum had been very anxious to get this road through, and he had been very astonlshed when they had dropped it. Mayor Izirkham said he was curious a1so, and had a call into the office now, although he did not,know if they wanted their reasons made public. TWO FAMILY DWELLING - 7541 UNIVERSITY AVENIIE NORTHEAST ^ CIIMIELEWSKI: The Czty Manager said that the Boazd of Appeals had only had a few days to look at this request prior to the hearing, but a11 five members of the Roard had gone out and looked at it on the following Saturday. He said that it had come to the Planning Commission Meeting Apri1 6th because the new Board of Appeals Ordinance did not go into effect until April 8th. He read the motion of the Planning Commission recommending approval. He said that the ordinance requires that the Council ca11 a Public Hearing, so the Council can either concur and set the hearing, or deny the request, Councllman Harris asked Mr. S. Cttmielewsk�. about the lots to the north and south of his lot. Mr. Chmielewski said there is a house to the north and a house to the south zoned residential. Councilman HarrZS asked aUout the size of his lot. Mr. Chmielewski said it was 175x135. Councilman Harris asked ii- this wi11 have to go to the Building Board. The City Manager said that they wi11 have to go to the Building Board with the plans for the structure. Mr. Chmielewski said he fiad found some smashed footings on this lot, The City Manager said that if this was from over 8 years ago, there would be no record. Councilman Sheridan said that at one time there was a high water table in this area which may explain the o1d footings. Mayor Kirkham said he thought this area was complete. Councllman Samuelson said that it was R-1 on both sides and R-1 in back. The Council discussed a date for a Public Hearing and decided on May 1st. SPECIAL COUNCIL MEETING, APRIL 10, 1967 PAGE 6 MOTION by Councilman Samuelson that the Special Permit Application go through the normal proceduxes, and a Publi� Hearing be set for May 1, 1967 to fill the Council's obligations. Seconded by Councilman Sheridan. Councilman Sheridan said that he would like to explain to the parties applying that the Council has only granted two or three Special Use Permits for multiple dwellings in residential districts in the past, and those were consxderabZy larger 1ots. He said that he would 1Lke to express his opinion, that regardless of the hearing, he would not be itt favor of the permit because of the lot size, but the Council will go through the necessary procedures. Mayor Kirkham said he did not like to discourage the petitioners unnecessarily, b¢t they should be apprised of the fact that with the knowledge he has so far, he wi11 be in opposition, but that the Council wi11 go ahead wrth the hearing May lst. UPON a voice vote, there being no nays, Mayor Kirkham declared the motion carried. ADJOURNMENT: There being no rurther business, Mayor Kirkham declared the Special Council Meeting of April 10, 1967 closed at 9;22 P,M. Respectfully submitted, (,� t�� i l L.� � ) �!� „ ��1� LC7� z� ,r'c �- f�. �i.�ti� y � Mary Lu Strom Secretary to the Council � 1 ' �! i (� C✓i=�� f��� �� � i i i /�� ZqC. �^�c5..-. '� ' 1 '