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05/12/1969 - 00019498p , THE MINUTES OF THE PUBLIC HEARING AND WORKSHOP MEETING OF MAY 12, 1969 The Public Hearing Meeting of the City Council of the City of Fridley was called to order by Mayor Kirkham at 7•32 P.M. PLEDGE OF ALLEGIANCE Mayor Kirkham asked the audience to stand and 7oin the Council in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Liebl, Harris, Samuelson, Sheridan, Kirkham MEMBERS ABSENT: None ADOPTION OF AGENDA: Mayor Kirkham stated that 1:heYCouncil would amend the Agenda to hear Rep- resentative Carl Moen discuss the Metropolitan Piscal Disparity Bill. � MOTION by Councilman Samuelson to adopt the Agenda as amended. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. REPRESENTATIVE CARL MOEN - METROPOLITAN FISCAL DISPARITY: Representative Carl Moen said that he would like to get the Council's feelings on a bill regarding the Metropolitan fiscal disparity solution coming before the House He said that the bill has been authored by Charles Weaver. He explained that the bill would in effect, place a fence around all assessed valuation from 1969 and back, which would be kept in the community, and any taxes on new industry starting January, 1970, would be split on a 60/40 for- mula, of which 60� would be retained by the community and 40a of the tax money would be kept by the State and redistributed on a per capita basis. Mr. Moen said he questioned whether this was really a solution to fiscal disparity. He felt that by building a fence around industrial and oommercial property at the end of 1969, the fiscal imbalance would be kept and would compound the fiscal inequity for many years. He stated that when the money is redistributed on a per capita basis, there would be no relationship to the wealth of the community, and two 25,000 population communities would both get the same amount of dollars back, so that an industrially rich community would get as much as a bedroom community with no industry. Mr. Moen said that he had prepared an amendment which would phase out the locked in 1969 figure at 2�� deduction a year, spread over 40 years. � Councilman Harris said that he had discussed the bill with one of the authors, and felt it was a retarder to a community like Fridley where they have ag- gressively sought new industry. He felt that with this bill, it would not behoove a community that does not have industry to try and get it. They may as well get the 40a without locating new industry, and he felt that unless the assessed valuation and mill rates of the communities were the same, it ,- �� F _ SPECIAL PUBLIC HEARING MEETING OF MAY 12, 1969 PAGE 2 would create more fiscal disparity. Mr. Moen said that an Administrative , Auditor would be set up to see to uniform assessing in the 7 county area. Councilman Harris said this sounded like the sewer bill with Metropolitan control. He said that soon we will not need an assessor in the suburbs, they will be doing everything. Mr. Moen gave several examples of inequities in the bill. He said that if a community rezoned everything to residential and held special hearings on individual industrial sites, it would have a lower valuation. He said that communities going in this way would have an edge over a community doing things in a different way. He explained that if a plant in Minneapolis, contributinq a percentage, would leave Minneapolis and move to Eridley, Minneapolis would still get a credit for the percentage as a deductible, for years, but Fridley would only get to keep 60o and the 40o would be redistributed. He said that tihe core City cannot lose as they will participate in every development. Councilman Samuelson asked if there was any possibility of killing the bil1, as he was totally against it. Representative Moen said that he did not think the possibility was good. He said he thought that by the next legislative session, this money would be used by the Metropolitan Council as their financing vehicle. Mr. Moen said that he planned to offer his amendment to cut down the bill somewhat, and that he was interested in getting the Council's opinion of the bill. Councilman Liebl said that the Council majority had indicated earlier that , they were opposed to this bill, and he said he was still holding to this opinion. He said that he thought it would hurt Fridley's effort in the last 5 years in getting business interests into the City. Mayor Kirkham said that he was opposed to this bill also. He said that as far as he was concerned Mr. Moen woulcl not even have to add his amendment, �ust be sure to vote against fiscal disparity. Representative Moen b=iefly outlined another bill giving the Metropolitan Council authority to zone within a three mile area of an airport. He also told the Council that it appeared all the Metropolitan Council bills going through left no means of appeal for a community. He discussed a highway bill being considered where a community wanting to appeal would have to come up with a detailed alternate plan to be reviewed by a 3 7udge panel. He felt the communities were losing all control of industrial development as all the bills contain features which give the Metro Council final say in zoning and land acquisition. Representative Moen was asked how he voted on House File #41 which has to do with the County becoming the zoning administration, but Mr. Moen could not rememUer his vote on that particular bill. at the moment. Mr. Moen thanked the Council for their time, and the Council thanked Mr. Moen £or informing them on the issues. PUSLIC HEARING ON VACATION REQUEST (SAV #69-02) LOTS 1 THROUGH 4, BLOCK 1, , SPRING BROOK PARK. WILLIAM J. KEEFER: Mayor Kirkham read the Notice of Hearing. Mayor Kirkham asked if there was anyone in the audience that wished to speak on this vacation reqUest. There was no answer. r� rn [i ._�f;. SPECIAL PUBLIC HEARING MEETING OF MAY 12, 1969 PAGE 3 � MOTION by Councilman Samuelson to close the Public Hearing on Vacation Request regarding Lots 1 through 4, B1ook 1, Spring Brook Park as requested by William J. Keefer. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carx'ied unanimously. Councilman Sheridan asked who was requesting this vacation. The City Attorney said that he had been contacted by an attorney representing the property owner, and it appears that on an easement granted the City, a mistake was made in figuring, and they started measuring from the right of way rather than from the center line of the street. He said that some mortgage company had raised a question on it, and this was to oorrect the mistake. The City Engineer said that the City would vacate 30' and still retain 20' so they will have a total of 70' for a street. He said it would be their recommendation that the City retain some slope easements, and the property ownex's attorney did not feel there would be any problems with doing this. PUBLIC HEARING OF THE PRELIMINARY ASSESSMENT ROLL FOR SEWER AND WATER IM- PROVEMENT PROJECT #93: Mayor Kirkham read the Notice of Hearing. The City Engineer said that the City has already held a hearing on the older plat that is in Onaway Acldition, but the original hearing had not included any property owners on Main Street and in the proposed East Ranch plats area. Mayor Kirkham asked if there was � anyone in the audience that wished to be heard. Mx. Wyman Smith, Attoxney, asked wha� was included in the improvement, and whether the street improvements were included. Mayor Kirkham said that it was only water and sanitary sewer at this time. Mr. Smith asked if there was a possibility that the first street from the railroad tracks could be vacated. His client owns both blocks on the sides of it, north of 78th Avenue and no one is using the street. Mayor Kirkham said he could see no reason why it could not be vacated if the owner wanted it. The City Attorney said he would question whether other streets in the area are needed, or should be vacated also. Councilman Samuelson suggested that a study be made of the streets and alleys in this area. The City Engineer said that about a year ago there was a request to vacate an alley around 77th Way, and the need for a study was questioned at that time, but they did not proceed with it because there were some questions about easements that may be needed in the future, and it would be better to do the whole thing at one time, rather than piece by piece. He said that when the total storm sewer plan is ready would be the time to do this street study. Mr. Smith asked whether this would go into the N.S.S.S.D. sanitary sewer outl.et The City Engineer said that this was what was proposed, but there is some question whether there is capacrty for the City of Eridley at that location. Mr. 5mith asked about the construction date and the City Engineer said they hope to let the bids in late summer and do hhe work in the fall when con- struction work is slower and the contractors are not so busy. Mr. Smith � was told that it would go on the tazc ro11s at the earlLest in 1971. Mr. Smith thanked the Council for the good scheduling. He saa.d that this area needs to be serviced. Mr. Richard Harris, 6200 Riverview Terrace, said he felt that this was not being done soon enough and he would like to see it completed before next fall. n �j , SPECIAL PUBLIC HEARING MEETING OF MAY 12, 1969 PAGE 4 f3e said that they have to be able to connect to sewers and stop using cess polls. He said that they had requested an alley vacation in 1967, and he would like to know where vacation requests s�and because he has a parking problem to take care of. The City Engineer said that Mr. Smith's request was unique as his client owns all the property abutting the alley and it was possible this could probably be vacated earlier. He said that unless the City got the monies and put in a conduit system, they would have to Ieave the ditch, so they would not want to vacate streets and alleys at this time zn oase easements are needed later. Mr. Harris said that he owns the land and is paying taxes where the ditch is, and wanted to know what is being done alaout it. The Czty Attorney sald he has had several meetings with the attorney for Spring Lake Park, trying to get their cooperation on resolving the problem. He said the Highway Department had granted a permit to Spring Lake Park to dump water into the highway ditch which are the conduits carrying the water down from 4 or 5 locations in Spring Lake Park. Mr. Harris said that the City is spending a lot of money by constantly repairing the culverts, and with this money something permanent should be done. Mr. Smith commented that Oak Lane Creek was gradually was�ing away also. He said that he knew that this had not startefl happening until it was used as a storm sewer. Councilman Samuel- son said that the bond issue on this improvement project would provide funds for bank protection on the down stream end. MOTION by Councilman Harris to close the Public Hearing on Water and Sanitary Sewer Pro7ect #93. Seconded by Councilman Samuelson. Upon a voice vote, there bea.ng no nays, Mayor Kirkh&m declared the motion carried unanimously. PUBLIC HEARING ON FINAL PLAT (P.S. #69-02)� AMBER OAKS, GENERALLY LOCATED SOUTH OF 61ST AVENUE BETWEEN STINSON �BOULEVARD AND BENJAMIN STREET: REQUESTED BY DAVID R. HUBERS AND JULIAN SOHNSON: Mayor Kirkham read the Notioe of Hearing. The City Enqineer said that this is the fourth plat which has been submitted to the City to develop this area. He pointed out on the map an extention of the road that was originally planned, but the owner of Lot 16, Mr. Mitchell, did not wish to incorporate his land into the proposed development. He said that there will be a problem when the area to the south develops as it will entail another road to Stinson Soulevard, and another cul-de-sac. The City Engineer stated that the Planning Commission had recommended approval of the plat. He said there was a question of getting permission from a close property owner agreeing with the grade, there is some right of way acquisition, and this will add onto the drainage problem we al- ready have to some degree. One of the petitioners said that the street ease- ment has already been obtained. Mayor Kirkham asked if there was anyone in the audlence who wzshed to be heard. Mr. Lenny Cochran, 6537 Central Avenue N.E., asked how much higher the street will be than Stinson Boulevard. The City Engineer said that the grade was approximately 3 feet above Sta.nson. Councilman Sheridan asked i£ the street lines up with Mr. Cochran's plans for his area. Mr. Cochran said yes, but that they had a different plan now and did not plan to come up the hill on Ben7amin Street. Mrs. Winkler, 1641 Gardena Avenue, said she owned Lot 25, but did not own the property going to her land. She said that at one time a cul-de-sac had been planned so she would have a way to get to her land, but the plan had been dropped � � , �, f' � t / SPECIAL PUBLIC HEARING MEETING OF MAY 12, 1969 PAGE 5 � The City Engineer said that this was the 4th plat in the area, and that the owner of Lot 16 wanted no improvement at this time. Mr. Winkler asked if there would be a way to have a road, without Mr. Mitchell's agreement. The City Engineer said there would be a way, but it would be so expensive, no one would want to pay that much. MOTION by Councilman Harris to close the Public Hearinq on Final Plat (P.S- #69-02) Amber Oaks requested by David R. Hubers and Julian Johnson. Seconded by Councilman Samuelson. Upon a voice vote, there being no nayes, Mayor Kirkham declared the hearing closed at 8:30 P.M. PUBLIC HEARING ON THE FINAL PLAT (P.S. #69-04) EAST RANCH ESTATE FIRST ADDITION REQUESTED BY ROBERT A. SCHROER (Generally located north of Osborne Road and west of University Avenue) Mayor Kirkham read the Notice of Hearing. The City Engineer explained that this is basically two plats. He showed the map showing the way the lots axe split, and pointed out the road going through. He said he felt the City should acquire temporary easements ior the drainage ditch going through this property until a permanent solution is made, and then it could Ue released. Councilman Harris asked if the City had a petition on 79th Avenue. The City Engineer said no. Councilman Liebl felt that the turn into this area was very short and would be hard for cars and trucks to get in if an apartment or something was built on the corner. The Council disoussed 79th Avenue going through, and noted that , when a developer comes in to develop the land to the north, he will have to arrange for the loopback on bhe north. Mr. Schmedeke asked if there was going to be a center island at 79th, or a signal. Mayor Kirkham said that there would be access, but no crossing, and no signal. Mr. Schmedeke asked who would be paying for this road. Councilman Samuelson said that it would be the abutting propexty owners. Mr. Dick Harris asked if there was a petition on extiending Main Street from 79th Avenue to Osborne Road. The City Engiaieer said that a petition has not been received. Mr. Harris asked about the street eleva�ions in this area, and the City Engineer said that if this improvement is ordered in, he will have the elevations in about three weeks. MOTION by Councilman Samuelson to close the Public Hearing on Fina1 Plat (P.S. #69-04) East Ranch Estates First Addition requested by Roberi A. Schroer. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the Public Hearing closed at 8:45 P.M. Mr. Schmedeke asked if there were any funds that had been held up on this development that could be used elsewhere now. Councilman Samuelson said that this development does not involve any City funds. PIIBLIC HEARING ON THE FINAL PLAT (P.S. #69-OS) EAST RANCH ESTATE SECOND ADDITION, REQUESTED BY ROBERT A. SCHROER: (Generally located north of Osborne Road and west of University Avenue) This plat had been discussed alonq with the precedinq item for P.5.#69-04, � East Ranch Estate First Addition. Mayor Kirkham read the Notice of Hearing. Councilman Liebl mentioned that the City has to plan ahead to get the develop- er north of 79th Avenue to give access to have an effective internal traffic flow. Mayor Kirkham said that the pattern had been set some time ago for loopbacks. '����i: SPECIAL PUBLIC HEARING MEETING OF MAY 12, 1969 PAGE 6 MOTION by Councilman Harris to clo5e the Public Hearing on Final Plat � (P.S. #69-OS) East Ranch Estate Second Addition requested by Robert A. Schroer. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the Public Hearing closed at 8•55 P.M, DISCUSSION REGAT2DING BS2ICK WALL REQUIREMENT AND OTHER CHANGES MADE BY COUNCIL PROM THOSE STIPULATED IN BUILDING STANDARDS - DESIGN CONTROL MINUTES - PLY- WOOb MINNESOTA: Mr. Rudy Boschwitz, owner of Plywood Minnesota, said they had no question about the parking lot or the paving, in fact they had agreed to pave more than the Build�ng Standards - Design Control Subcommittee had asked them to. He said that they had not been notified that they were to be on the Council Agenda, and then found themselves confronted with the stipulation that they . were to brick the front of the building. Mr. Boschwitz said that they want a good building also, and voluntarily had extended the wall so the dock and box cars are not visible. He said that they wi11 be using split block, have redesigned it several times, and have gone to great pains to have a nice building. He said they have 7ust gotten their estimates, and they wi11 not be able to qet this done this year if they do not get started. He said he did not feel the Council's point was well taken. Mr. Gene Brass, the architect of the buildinq, descriUed the blocks being used to the Council, and said that it would be a considerable mass of brick, if it were to be extended. He pointed out to the Council the way that the building sits on the lot and the portions that will be visible from the freeway. He explained that the east � side of the building cannot be seen from the highway because of a high em- bankment. Councilman Sheridan said that al1 buildings that face the freeway will be asked to do the same. He said that the commercial building there now are all brick. Holiday and Target are brick. Mr. Boschwitz said th�t this was 7ust not a necessity. He understood that they wish to conform to some kind of standard, but this was an undue expense and downright wasteful. Councilman Liebl said that Plywood Minnesota would be the first on ir� this area and would set the example, and the rest would be asked to comply. Councilman Sheridan said that the Council had set a policy about buildings facing 694, and he did not think the Council shauld deviate from the policy or else they should just not have a policy. Mayor Kirkham said that there is the right of appeal in any Ordinance. He said that the part that �uts out toward the railroad tracks will not show and he thought it would be rida,culous to brick that wa�l. The architect said they always try to view their buildings as a whole concept, and he said there was much less opposition to block because of the quality and types available today. He said that brick along the long wall will not do anything for the appearance. There was a discussion on the possibility of the blocks effervescznq. The architect said they use a good quality of paint, and they will have to be painted again, but not every year. Councilman Harris asked about the freeway zoning Ordinance in Bloomington and asked if the architect would design a building differently in Bloomington because of that Ordinance. Mr. Boschwitz said that Bloomington was getting away from brick. He said they had developed the exterior appearance of their building on the , basis of some commercial bualdings in Hloomington. MOTION by Councilman Liebl that the Council require Plywood Minnesota to have br:tck on all three side of the office building, and use quality designed blocks on the rest as proposed, Seconded by Councilman Sheridan for dis- cussion. �i i �' ,�, ii o: SPECIAL PUBLIC HEARING MEETING OF MAY 12, 1969 PAGE 7 � Councilman Sheridan said he was still of the opinion that any building facing the highway should be of brick design or cut stone or something on that order, but he was not in favor of concrete block. The City Engineer said that the type of finish used should be lasting and not need continual maintenance, and blocks do need continual maintenance. He said there ara also many other new things on the market that could be considered. Mayor Kirkham said that he thought their Blooming�on plant was a very attractive building. He said that if the policy set requires all buildings facing the freeway to be brick, this may not end up looking very beautiful. He said he would be willing to go along with imaginatian and a good architect. Council- man Harris said he thought there could be some point of compromise on a brick and block structure. He suggested a compromise using some vertical brick to break up the expanse of the concrete blocks_ The architect said he could agree with the idea of adding vertical lines to breaY, up the long horizontal lines. Councilman Harris asked if it would be possible to sketch out some- thing that would break up the horizontal lines. The architect said he could do several treatment studies, and that he was inclined to agree with this point of view. He said that the vertical lines that were in the first drawing had been changed because the structural system had been chanqed Councilman Harris said that the Council can only ask the petitioner if he would be willing to do this. He asked Mr. Boschwitz if he would ob7ect to doing this� Mr. Boschwitz said that he had agonized over the building for a long time He said that if the bids have to be resubmitted it will take a lot of time. He � said that he would prefer not to do this. He said he was going to be pleased with the building as it is, and he thought they would be also. On the MOTION that the three sides of the office building be brick and that quality designed block be used on the rest as proposed, there was a voice vote, with two members voting aye, and three voting nay, the motion FAILED. The City Engineer said that there was another meeting ihe next Monday eveninq if they wanted to try and come up with another idea using a different plan or matexial. Councilman Ha.rris said that his vote did not mean he thought every square foot had to be brick, there maybe could be a compromise, something to break up the long expanse. The architect said it may be possible to come up with something using some brick vertically with block fi11-in. Mr. Boschwitz said if they were going to do that he would suggest it go around the corner. The architect said they would accept and review the plans. There was some discussion_on when the plans could be ready for review by the Council. The item is to be put on the Agenda for Monday, May 19, 1969 and the architect wi11 try to have the plans at City Hall Friday. The City Manager will notify the Council when the plans are available for the Council to see on Fra.day. Mr. Boschwitz said he appreciated the efforts the Council is making and knows they are sa.ncere, and he is also sincere. He said they would put in veztical columns and go to the west wall also. He said that the architect wi11 talk to the City Engineer for any suggestions he may have. � RICHARD HARRIS - DISCUSSION: Mr. Richard Harris said that some people have talked to Yum about the volun- teer5 who worked on the dike, both individuals and orcjanizations. He said �;_„�' i;Y SPECIAL PUBLIC HEARING COUNCIL MEETING OF MAY 12, 1969 PAGE 8 he wondered if it would be possible to extend a public thank you from the Administration. Mayor Kirkham said that th.ts has already been p].anned. Mr. Richard Harris said that he had t�lked to Mr. Herb Meyer of Bloomington about sending their Freeway Development Ordinance. It has not arrived yet, but he wi11 be going that way so will pick it up himself. ADJOURNMENT: The Public Hearing and Workshop Meeta.r�g of the City Council of May 12, 1969 was adjourned at 9:35 P.M, Respectfully submitted, ��>��-�- , `��, ���� ry� Mary L Strom Actinq Secretary to the Council il j �� �%� ��,�,�� ,� - ��� ( Jack O. Kirkham �° Mayor ' � ,