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04/13/1970 - 00018901� I I u , �� � THE MINUTES OF THL' SPECIAL PUBLIC HEARING AND WORKSHOP MEETING OF APRIL 13, 1970 Mayor Kirkham called the Special Public Hearing and Workshop Meeting of April 13, 1970 to order at 8:00 with an appology for the lateness of the hour. He ex- plained that the Council had a meeting before the Council Meeting with the Spring Lake Park Council reyarding their participation in a storm sewer pro�ect. PLEDGE OF ALLEGIANCS The Council and audience joined in saying the Pledge of Allegiance to the Flag. ROLli CALL: MEMBERS PRESENT: Harris, Breider, Kirkham, Liebl MEMBERS ABSENT: Sheridan ADOPTION OF AGENDA: It was agreed that the Agenda could be adopted as presented, and additional items could be added during, or at the end of the Meeting. It was noted that the City Manager had an item to add, NOTE: Items not taken in order to accommodate members of the audience waiting for specific items. MOTION by Councilman Harris to adopt the Agenda as presented. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. PUBLIC HEARING FOR CONSIDERATION OF A REZONING REQUEST (ZOA #70-02) TO REZONE FROM C-1 TO C-2, GENERALLY LOCATED TN THE NORTHWEST CORNER OF 73RD AVENUE AND UNIVERSITY AVENUE AND REQUEST POR SPECIAL USE PL�RMIT BY STEVE CODDON- Mayor Kirkham read the Public Hearing Notice aloud to the audience and the City Engineer said that this request was to rezone Lot l, Block 3, Commerce Park from C-1 to C-2, and a special use permrt for allowing a car wash business. The recommendation of the Planninq Commission was for appxoval. He then called on Mr. Ron Heskin, of Heskin and Associates of Minneapolis, to make a presentation Mr. Ron Heskin came forward with a site plan and said that the proposed pro�ect was for an automatic car wash with gas pumps on the corner of 73rd Avenue and University Avenue. Splitting the two sections of the station would be a green strip. Exit and entrance would be from the University Avenue service road. He said that he did not feel that rt would create any traffic problem. There is a green strip all around the development. He then presented a scale model of the station, and an artists drawing, which showed the relationship of the other buildings now in existance in the area. As was pointed out in Planning Commission this was originally zoned C-2 and was recently zoned to C-1. Councilman Liebl asked how the traffic woulcl be regulated, Mr. Heskin showed on the artists drawing how the traffic flow would be controlled. The entrance is 75' back from the corner. Councilman Liebl asked how many cars could be handled without creating stacking problems. Mr. Heskin said about 60 total, the splrt would be 40 £or one section and 20 for the other. L � `� SPECIAL PUBLIC H�ARING OP APRIL 13� 1970 PAGE 2 Mayor Kirkham asked if there was anyone in the audience that wished to speak � on this item with no response. Councilman Breider asked what the general building material would ba. Mr Heskin said that it would be cement block wzth a mansard roof. He added that there is a station like this on Highway #10. Most of the buildings in the Commerce Park area are cement block, some have brick £acing. Councilman Harris said that he would He required to have some brick £acing. Mr. Heskin said that he understood that this would be taken care of at the Building Board Meeting. Counci]man I3arris said that the south and east sides would have to be brick according to the zoning ordinance. The City �ngineer said that he wanted to point out that he did not feel that there was adequate storage for cars on the land. He said that he would work further with them. Councilman Liebl asked the estimated cost. Mr. Heskin said the total cost, including land costs, equipment and building costs, would be approximately $225,D00 for just about one acre. MOTION by Councilman Harris to close the Public Hearing on the rezoning request by Steve Coddon. Seconded by Councilman Liebl. Upon a voice vote� all voting aye, Mayor Ka.rkham declared the Public Hearing closed at 8 13 P.M. CONTINUED PUBLIC I3EARING ON TH� CONSI➢ERATION OF SHOAEWOOD PLAT AND VACATTON REQUEST BY MAX SALITERMAN: Mayor Kirkham read the Public Hearing Notice to the audience and the City ' �ngineer showed the general area on the screen and the plat on the easel. He said that this was for splitting the property £or ease in descriptions, It would make the 5ears property easier to describe, and delineate the Planned Development lot. He pointed out that the rest is all zoned commercial. The recommendation of the Planning Commission was for approval sub7ect to dedication of some easements and resolving the drainage problems. The drainage now follows the area owned by the City, and drains into the lake. This is the area of the requested vacation. Councilman Lieb1 asked the petitioner if he agreed with the stipulations of the Planning Commission. Mr, Wyman Smith, Attorney for Mr. Max Saliterman, said that he was not sure what they were, but he did not recall any objections by Mr. Saliterman. Councilman Liebl then read the motion by the Planning Commission. Mr. Smith said that they would concur with this, and that Mr. Saliterman would have no objections. This plat is something the City has wanted. The City has had sewer and water pipes running through the land without any easements. He said that Suburban Engineering has done the work on the plat. The plat will accomplish designating and outlining where these easements are and break the land into lots. It will also separate the Planned Development lot into a separate parcel, and will separate the Sears parcel. Councilman Harris said that he could recognize a potential problem in that Mr. Wyman Smith is representing his client, but is also a member of the same firm as the City Attorney, i�lr. Juster. This could put Mr. 5mith into a difficult � position, and rather than have some possib.Ie improprieties, he suggested that this hearing could be closed and discussed at a later meeting. He said that he understood that Mr. Smith has handled Mr. Saliterman's affairs for some time, and as Mr. Juster 7ust became the City Attorney, perhaps there was not time to Ll��c� w t� .� SPECIAL PUBLIC HEARING MEETING OF APRIL 13� 1970 PAGE 3 � brief another attorney. He felt that this proceding was not entirely proper and would like to save some embarzassment. Mr. Smith said that he agreed and has discussed tha.s with Mr. Saliterman. Councilman Liebl said that at the first Public I-Iearing meeting there was some concern expressed about the steepness o£ the grade in some areas. He said that maybe this should be discussed as there are people in the audience interested in this. The City Engineer said that a lettex was written asking that this be taken care o£ MOTION by Councilman Liebl to close the Public Hearzng on the vacation request, and the final plat requested by Mr. Max Saliterman. Seconded by Councilman Breider Upon a voice vote, all voting aye, Mayor Kixkham declared the Public Hearing olosed at 8:25 P.M, PUBLIC HEARING FOR THE CONSIDERATION OF A REZONING REQUEST (ZOA #70-01) TO REZONE FROM R-1 TO R-3, GENERALLY LOCATED ON STH STREET TG 7TH STREET FROM MISSISSIPPI STREET TO 63RD AVENUE BY NORMAIV E. RIEDEL Mayor Kirkham said that with the Council's permission he would like to waive the reading of the Public Hearing Notice as it is very lengthy, and pointed out to the audience the general location of the request, as the City Engineer showed it on the screen. In attendance, representing the Wall Corporation were Mr. ' Walter L. Whiting, Mr. Lee Coffman, Mr. Richard Schwartz and Mr Fred Wa11. Mr. Norman Riedel said that he would like to turn the presentation of the proposed project over to the Wall Corporation. The proposal is for an apart- ment complex which was determined to be the highest and best use of the land. Mr. Lee Coffman said that he wouLd like to go through some points of unportance briefly. He said that the Wall Corporation had a meeting with the residents of the surrounding area and there was some discussion with them on the survey the Council made available to them concerning the tax advantage of multiple units verses one and two family units. He pointed out the fact that 1.78 students come from single family homes while .25 students come from a multiple dwelling unit. He said that they were asked the problems there would be if developed to single £amily residences. He showed a plot plan with the area developed to single family residences, making a total of 53 lots in the 2 block area with 6th Street extended thxough. There would still be the problem of whether to put in the storm sewer. The storm sewer would cost approximately $236,OOD to install. In terms of development expense, development would amount to about $7,000 per 1ot, this includes the extension of Sth Street, the putting through of 6th Street, and installing utilities on these streets, which would make the cost of lots on these streets be about $8,900 with special assessments. About 20% of the oost of builda.ng a home in this area would be land cost. The homes wou7d be in the range of $35,000 to $40,OOD homes. This would not include the special assessment for the installation of the storm sewex, but rather the use of the ponding area. If the ponding area was used � there would be 41 lots avaa.lable for development, which would make 77 students and a tax disadvantage to the school district. He said that they are proposing that the highest and best use of the land would be multiple dwellings. n,� q ,�r Yl � SPECIAL PUBLIC HEARING MEETING OF APRIL 13, 1970 PAGE 4 He said that their development would be 240 units with four buildings having � 60 units each. The development cost expenditure by them would then be spread over the entire parcel. Figuring a total expenditure of 3.6 million would figure out to be about $15,DOD per unzt. Tf the storm sewer were put in and 53 homes built, the tax disadvantage to the school district wonld be even greater Ae said that they wrote to some of the local employers and got some interesting information. i3e said that in 1969, of those questioned there were 1385 employees, in 2 years it is estimated at 2107, and in 5 years 3313. This shows a 240o increase in employees. He saic3 that they asked the median income per employee and were told $7,000. He asked of the audience who then could afford a $35,000 to $40,000 home. Mr. Richard Schwartz, architect, elaborated on the site plan and showed a model of the proposed development. He said that they would be 2'� staries high with a total of 72 two bedroom units and 16S one bedroon units• The proposed setbacks vary from 120' from 7th Street to 175' on the south side. At the south side there would be some excavation for the ponding area. There would be swimming pools, balconies for every unit, a recreational area and a playground. The parking lot would all be blacktopped to prevent dust. He pointed out that the parking design provides protection for the children. Access is from Mzssissippi Street and 5th Street, there is none on 7th Street or on the south side. There would be no garages. The setback from Mississippi Street is 177' and the normal depth of a residential lot is 125', so it is deeper than a normal lot. Mr. Lief Henricksen, 495 Mississippi Street N.E., asked if there was any , guarantee that there would not be zuture access from 7th Street. Mr. Schwartz said that the traffic pattern is such that it would Yae highly unlikely, Mr. Henricksen said that there is too much traffic on Mississippi Street already. The City Engineer said that access is on the Sth Street side and the Council could request an agreement with the developer that there would never be any access on the 7th Street side.Mr, Henricksen said that he has a two faot retaining wall, but the cars still come up into his yard. Mr Pred Wall said that there was a sugqestion that the area be used as a park. He pointed out that this would cost several hundred thousand dollars. He said that he realized that putting apartments into a residential neighborhood is a touchy business, but that he did not go around looking for trouble. He said that they looked at this particular piece of property and determined through studies that the best use would be apartments. They then asked their architect to design a good looking, unobtrusive building that would itt into the neighbor- hood. This, he felt, has been done. He said that they were aware of the storm sewer problem and took this into consideration. He said that they could have put in a row of double bungalows around the apartment houses, but they felt that this would detract from the development and that an open green area with trees and shrubs would be more advantageous. He said that they could afford the increased maintenance on the groun$s. They felt that it would be extremely unlikely that this area would .l�e developed as R-1. He said that they would be open to any suggestions by the Council or the audience. Councilman Liebl said that he felt that the retaining pond would not be an ' adequate solution He asked if it would be feasible to develop a well planned commercial development there with no access from 7th Street. Mr. Wall said yes, if this is not developed along the lines they are proposing, it is possible that before long there will be another proposal for commercial. She next pro- posal may be for a shopping center. He said that they did not feel that it would 6 ' � }'[�F� SPECIAL POBLIC HEARING NIEETING OF APRIL 13� 1970 PAGE 5 � be £easible ra.ght now, but agreed that it may not be far away. He said that he was very surprised that some of the residents were in favor of a commercial development rahter than the apartment houses. This would generate even more traffic. Councilman Liebl asked what their basic investment per acre would be. This is very high value land. Mr. Wall said that 3.5 to 4 million is a somewhat conservative fugure, but to develop approx�.mately 14 acres would be about $300,000 per acse. He said that f:hey wese flexible in regard to the ponding area, and that they recoqnize that the storm sewer may have to be installed He felt that perhaps the storm sewer should be put in right away. The suggestion of the retaining basin was an attempt to somewhat appease the residents that do not want any further assessmen�s. The Wall Corporation would be happy to have the storm sewer right now. Councilman Liebl asked if they would be willing to put up the ma7or cost of the storm sewer. Mr. Wall said that the water does not come from the 14 acres, but rather from the total district and is retained in the Riedel property. He said �hat they would be willing to take more than their share, l�ut they could not absorb all the cost as they opexate on so many dollars per land area cost and this would make the proposal imprac�ical. Councilman Breider asked about the possibility of development into general office buildings Mr. Wal1 said that they are involved in the development of office buildings and they did not feel that this is a good area for office buildings. The total area could be divided up and put to different commercial uses, but it is too big £or one general office area. He said that they had already looked into this. Councilman Breider asked what would be the estimated � cost of the de�relopment of the ponding area. Mr. Schwartz said that the total grading would be about $30,OD0, with $10,000 extra for the ponding area. Mr. Wall added that it would be deepened and a liner put in. Even though this is done, it may prove to be a temporary solution. He said that at this pmnt it looks like rt might work and worth taking the chanGe Councilman Breider asked if the storm sewer were put in, if they would be willing to pick up their share plus the cost of putting in the pond and Mr. Wall answered yes. Mr. Robert McPherson, 500 Bennett Drive N.E., said that they have been told several times that there would be approximately 25 children per unit, but he was sure that when that survey was talcen was sev�ral years ago and the same would not be true today, with the tight money situation. He felt that the population of children in apartments has grown considerably, and now the £igures have changed He pointed out, going back to the traffic problem, that it is sometimes very difficult to get onto University Avenue from Mississippi Street. The people would take one look and go back down 7th Street, increasing the traffic on that street. He felt that 7th Street would beoome an overloaded street. He pointed out that there are three schools in that neighborhood. Mr. George Meissner, 373 Mississippi Street N E., said that a number of these arguments were discussed in the Planning Commission Minutes. He said that he would like to point out that the traffic would be much worse, there is a problem now. The traffic is sometimes backed up past his driveway at rush hours. The traffic would be divided up between Sth Street and 7th Street all trying to get onto Mississippi Street. There are about 350 parking spaces provided in the � complex, so that would mean approximately that number of cars. The caxs would be leaving the complex and coming back at about the same time during the day as they leave for work and come back home again. He pointed out that also there would be more law en£orcement necessary due to the greater concentration of people. As to the storm sewer problem, this has never been popular with the people. This was discussed about a year ago. He felt that the number of school /'j� N N° �'� SPECIAL PUBLIC HEARING MEETING OP APRIL 13, 1970 PAGE 6 children was grossly understated. He said that Mr. Habel and Mr. Thayer were , at the Planning Commission meetings and they made a statement concerning the number of school children, especially regarding the Stevenson School. They are getting more than .25 per unit at that school. There are two and three children coming from a one bedroom unit. He said that figures and statistics can always be found to �ustify a case. He said that in regard to taxes, yes, that would be a large tax base, but there is more at stake than taxes. These people moved here thinking that this was a residential neighborhood, and that they would not have the problems generated by an apartment house. The Council must consider the feelings of the people in that regard. He said that some of the residents have taken the time to czrculate a petition and there are now about 263 signatures. He said that he thought that he could get double the amount of signatures if a larger area was taken in. He then came forward and presented the petition. PETITION #2-1970 - IN OPPOSITION TO REZONTNG OF THE RIEDEL PROPERTY FIZOM R-1 TO R-3: MOTION by Councilman Harris to receive Petition #2-1970. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. Mr. Meissner cont�.nued that the petition covers loosely the area north of Mississippi and from University to behind the school and Mr. MePherson circulated the petition covering the two block area south of Mlssissippi. Many of the people were not aware of the Public Hearing and expressed displeasure that they had , not been notified. There is a large interest in this area and �t goes beyond just those fronting on the property There was no one in favor of the rezoning and no one refused to sign the petition. He said that as an alternate to this proposal he would suggest the possiUility of a park development. He said that he did carry along another petition £or a park and that will be turned into the Parks and Recreation Commission. A larqe number of people signed this petition also. The park envisioned is not the same to all people and would have to be worked out Most had in mind some sort of a City park. Mr. Ken McLellan, 6749 Kennaston Drive N.E. asked about the maintenance of the building. Mr. Wall said that with an expenditure of about 4 million, it would behoove them to take good care of it There 1s a large setback and a great amount of greeris to be attended to. He said that they would have gardeners for this The income from the apartment complex will provide for the caretakers. Mr. McLellan asked if the pond woulcl be fenced. Mr. Wall said that this had not been considered, but he would prefer not to. Mr. McLellan said that he felt that this should be a requirement. It does not take much water for a small child to drown. Mr. Wall said that he would agree, but he did not feel that a fence would be acsthetically pleasing. He said that he would agree to what the Council determines in this regard. Mr. Lief Henricksen said that they have stated that they cannot build $45,OD0 homes in this area, yet there are other $45,000 homes in the City of Fridlep. He said that he lives on the corner of 7th Street and Mississippi and there was a request to put in a double bungalow near there, but it was turned down. This � property is zoned residential and he felt that they could get a lot of nYCe homes in there. Mr. Wall felt that you could not take land near commercial, City Hall, and a county road and put in $45,D00 homes. He asked Mr Henrzeksen if he would prefer double bungalows in there and Mr. IIenricksen said no. Mr. Henricksen asked if Mr. Wall would guarantee that there would never be any qarages in there Mr. � �= r� .l� ,� i SPECIAL Pi7BLIC HEARING MEETING OF APRIL 13, 1970 PAGE 7 � Wall said that he could only say that they are not planning on building any. Mr. Arvil Miller, 525 Bennett Drive N.E., said that they have been talkinq about maintenance, yet they might not own it in 7 years or so. Mr. Wall said that their corporation is planned over a long range and they plan on keeping this com- plex, but no one could predict the future, and if they should sell it, the new owners would still have a 4 million dollar investment to protect. He felt that it would be taken care of and pointed out that they could afford caretakers and gardeners. He did not feel that with this amount of investment, it could become a tenament area. He agreed that it is difficult to predict the Puture, but pointed out that single family homes can also become a slum area. When an area qoes downhill, apartment houses are always the last to go, because of the revenue coming from them. Mrs. Norman Riedel asked what the rent would be Mr Wall said that for a one bedroon, it would be about $170 and for a two bedroom between $190 and $200. These apartments could be considered semi-delux. He added that they were not designed for children. A member of the audience said that he hoped that Mr. Wall did not consider it a vala.d argument that the Council has to pxovide living space for people working in Fridley He questioned the $7,000 quoted as income. Mr. Wall explained that this was per capita income. The member of the audience said that there would be about 150 cars at each exit trying to get into the stream of traffic, which is bad now. � Mrs. Riedel asked when Sth Street woulcl be finished between 63rd and 64th. Mayor Kirkham said that there has been no request for this. Mrs. Riedel asked if the City did not buy the property. The City Engineer said that there is still � of the right of way needed from the Riedel property. Mrs. Riedel pointed out that when the pipe was put in to make her property a retainage basin the people were not concerned about their children drowning then, only now that they feel that they have something to lose. She said that they were not even asked if-the City could do it. She said that the residents have not woriied about the pond for the last £ive years, now suddenly they are. This was done without their permission. Mr. William Hutchings, 6270 6th Street N.E., said that they moved in about 4'� yeaxs ago before the City put the drainage into the Rledel property There used to be ducks nesting in this area, but for the last few years it has dried up A member o£ the audience said that there are storm sewers in Bennetti Drive now and since the curbs and gutters with the catch basins have been put in, this takes care of much of the water. That storm sewer has been there 14 years. Mr. Dean Habel, 392 66th Avenue N.E., said that there would have to be something other than a xetaining pond put in. The retaining pond is a tempoxary solution to appease the people, but it would still have to be done right sometime. He said that this is a concern of his as he would eventually be in the assessment area. He said that he felt that the City did too much short range planning. He asked if tihe same area would be in the assessment area as was presented previously. , The City Engineer showed the plan given to people 2 years ago. He commented that storm sewers are very unpopular with the people, however, they never had a drainage district where there was so much opposition as in this area. This would be the right and the best solution, but whether the property owners are willing to pay for it is another question. Mr. Habel asked if the assessment would be over the same area and the City Enga.neer said that he assumed that the Council would c i u- r5�� .J �.� ` , SPECIAL PUBLIC IILIARING MEETING OF APRIL 13� 1970 PAGE 8 follow the same policy. Mr. George Meissner asked how much that project would � be. The City Engineer said that it was $236,b00 at that time, and it would pro�� bably be about $300,000 now. Mr. Meissner saxd that no one has a problem except the Riedel property. Mayor Kirkham said that this was not strictly true, everyone contributes to the problem within the district. The State Statutes state that water that falls within a district is part of that district and must be assessed. Mr. Meissner said that the City should be able to condemn the land and build a fence around it. There would be a lot of public support for a park. Councilman Liebl said that he could not say that the City should put a fence around the Riedel property and call it a catch basin. The City of Fridley has used this property. A man has the right to try to develop his property. He asked Mr. Meissner how he would like it if he were tre�ted this way. This Council has a responsibility for levying taxes for the next three years. The decision has to be made while looking toward both tax relief and environmental standards. He said that here is someone willing to pick up more than their share of the storm sewer assessment. The Council has been irresponsible in the past years in pushing this problem onto someone else. It must be recognized that tha.s property will at some time be developed. He said that he realized that he is also obligated to protect the ad7acent property owners, but the City cannot have a sump in the heart of the City; Fra.dley is not a village anymore. Mr. Mi11er asked if this was the first time the Riedels had a chance to sell. Mr. Riedel said that his father bought this property about 70 years ago. He � said that his mother always wanted what was the best for Fridley and they have tried to honor th�.s wish. It is felt that single family homes cannot be built as it would be too expensive He said that they are now being pressured to pay an inheritance tax and they can no longer carry the financial burden. Mrs. Riedel added that the City had an option on the land for a new City Hall at the time St. Williams Church wanted to buy the property and her mother honored the City's option. She said that the Government is taking what lanfl it can get in the suburbs to put in low income housing and she asked the residents if they would like that next to them. The Federal Government has told her that they will take any parcel of land, and that erther they develop the 1and or the Government will. She warned them that they would be in your county and you would then be paying their welfare. Councilman Liebl asked if they would go along with letting the Government come in. Mrs. Riedel said that they have not been able to get anyone else to buy it. She said that they have gone as far as they can go, taxes are not cheap, and they can ]�ear the financial burden no .longer. Councilman Liebl said that this is the heart of the community and he would like to get something in there that would fit into the environment. He said that he recognized that there was R-1 on the east side of the parcel, but how could they afford to let a 4 million dollar investment run down? Mrs Riedel said that this is the only company that has come forward wanting ta develop the land. There has been no one for commercial. Councilman Liebl asked if there have been any requests to buy the land for single family homes and Mrs. Riedel said no. Mr. L.tef Henricksen said that he came £rom Norway ].0 years ago and in the Scandinavian countries there are City parks in the middle of the City with ducks � and swans etc. He felt that this would be very nice for Fridley. He said that he still felt that sinqle family residences could be built in there. Councilman Harris said that this zs the first time he has seen this presentation and he must compliment the Wall Corporation on the plans and presentation. He said as to the legal notices sent out, the City follows the S�ate Statutes in regard to sending them out. The notices are also published in the legal news- � ,�"; �1 SPECIAL PUBLIC HEARING MEETING OF APRIL 13� 1970 PAGE 9 � paper. There has been no effort to try to keep people away from the Public Hearing Meeting. Onder certain circumstances it appears that the property cannot be developed as residential. The storm sewer assessment would then be placed agains� a much lesser number of people. It appears this is not feasible. He said that as to the traf£ic problem he also questioned whether this would be an adequate solution. As to the sugg�stion of a park, there was a park bond issue which was turned down by the voters. This lost chance for getting park land was a disappointment. The City canno� take general revenue money for a park, there would have to be another park bond issue. He felt that the City must take a posrtive approach and that when considering the Riedel property, all the other surrounding property should also be part and parael of the over- all plan. This would include the property behind the Bank and along Mississippi Street to University Avenue. He said that he hoped that this idea would meet with the Council's approval and consider the much larger area in an overall plan. He asked if the people would be willing to go along with the install- ation of the storm sewer and pay their fair share. I-Ie pointed out that here is a developer willing to pay more than his fair share. Mr. Habel said that he could speak for a few of the people that were not here tonight. He said that he knows of some retired couples that pay a lot of special assessments within the assessment district that could not afford any more assessments. He said that speaking for himself, he would favor the storm sewer project. A member of the audience said that before that could be answered, it would have to be determined whether a park would be the goal., also how much it would cost. MOTION by Councilman Harris to close the Public Hearing on the rezoning request � by Norman Riedel. Seconded by Councilman Liebl for discussion. Councilman Liebl asked if the people would be more willing to support a pro�ect with commercial going in there. A member of the audience said that this would depend on how much it would cost for the storm sewer. Councilman Harris said that you could figure roughly $3 50 to $4.00 per hundred square feet. Mayor Kirkham added that the figures are not available at this meeting, and would have to be redone. Mr. Habel asked if everyone would be assessed equally within the drainage district The City Engineer said that there was a credrt due some of the people. UPON A VOICE VOTE, all voting aye, Mayor Kirkham declared the Public Hearing closed at 10:08 P.M R�CE55 Mayor Kirkham declared a recess from 10:08 to 10•30 P.M. PUBLIC HEARING ON THE VACATION OF ACCESS ROAD GENERALLY LOCATED BETWEEN BENJAMIN AND STINSON BOULEVARD, NORSH OF GARDENA AVENUE. REQUEST BY MRS. LORRAINE KUSCHKE Mayor Kirkham asked if there was anyone present in regard to this item, with no response , MOTION by Councilman Harris to close the Public Hearing on the vacation request by Mrs. Lorraine Kuschke. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried ;� a'�� SPECIAL PUBLIC HEARING MEETING OF APRIL 13, 1970 DISCUSSION R.GGARDING DITCH IN NLEADOWI,AND PARK: PAGE 1D Councilman Breider said that he had xeceived some complaints on this drainage ditch and had asked the City �ngineer to present a plan showing the intention of the City in this area, and also the Parks and Recreat3on Directox to appear showing his proposed future development. The City Engineer said that this is much the same situation as with the Riedel property This land was donated by the developer of the area. There is an existing storm sewer from 66th Avenue and from Kennaston-�Drive into the property, but a large portion of the drainage is by an open ditch to 68th Avenue The solution is expensive, it could be piped to Rice Creek. As a temporary solution he suggested extending the pipe further to the east to allow the Parks Department to develop a larqer portion of the land. This would eliminate much of the hazard to the small children There would then be a fence along the remaining ditch. This whole area used to be a swamp, but rt was cleared by the Parks Department and an open ditch put in to reclaim some of the land, so now it is land that can be used. The water cannot be piped all the way because the outlet is too high. At the east end it is a retainage basin with a fluctuating level. The total fall is less tfian 1 foot. In some instances the pipe would be buried �ust under the ground, which would cause trouble ixi the spring with freezing. The pipe would then drain slower than the open ditch. This is not the recommended solution but is suggested as an alternate for the Council to consider. The ultimate solution would be the�total storm sewer system. The City Manager added that at the east end there would then be an open ditch with the ponding on Lot S Mayor Kirkham asked if this would not be the same pxoblem as with the Riedel property. The City would be channeling the water onto land it does not own. The Parks and Recreation Director said that the City does have an easement through there. The City Englneer said that there is $10,000 budgetted Por this work. He suggested that as much work as can be done, be done, until the money is gone. Councilman Harris pointed out that until the park is dry, it would not be used much anyhow. The City Engineer said that it would still be a hazard to small children. The City Manager said that the pipe would take the ma7ority of the water out of the area. Councilman Liebl asked what was done in past years re- garding the fence. The Parks and Recreation Director said that they went over this piece of property and cleared it of brush and debris, some of which was still from the 1965 tornado. This turned the area into an open ditch that taas not ob- vious to the people previously, although the children playing Ln the area knew it was there. The south sewer line into the park has been there for some time, but the one from Kennaston Drive was extended to cover the portion of the open ditch last year. Councilman Liebl asked if by grading the land could better drainage be accomplished. The Parks and Recreation Director said that it would help very little. There is too little fall. He said that they were going to try to get it ready to seed and get some turf growing to make it an attractive park. He saa.d that there is money in the budget for the improvement o£ this park. Last year some apparatus was purchased. Councilman Liebl suggested turning over some of the money out of the liquor fund to help on this pro�ect Councilman Harris said that it was not entirely a matter of the ditch, there would still be an open ponding area. He asked how much the total improvement would cost. The City Engineer said between $50,000 to $60,000 for the total pro�ect, excluding the work in the park. Councilman Harris said that two or three years from now the pro7ect may go in. The Ci'ty Engineer said that the � _! � I � s�1 �( � � .rrkl� SPECIAL PUBLIC HEARING MEETING OF APRIL 13� 1970 PAGE 11 � work would not be wasted� the pipe could be salvaged. There would be under the suggested proposal about 140' of open ponding area in the park land. Councilman Harris felt that the Council should proceed to put in �he pipe as outlined and fence the remaining portion with cyclone fencing. The City Engineer said that Lot 8 is private property. He did not believe that there could be any fencing on private property. Councilman Harris said that the City could not be totally responsible for the deficiencies of other property. The people want a safe and usable park. Mrs. R.J. Kremer, 920 Overton Drive N.E., said that they have a three year old boy and is concerned for his safety. There was one little boy found by the ditch last year. Mr. Lewis Marshall, 981 Overton said that this is a big temptation to the children in the neighborhood. The bigger children play on the dunes in Lot 8 and the younger ones naturally want to follow. He said that the parents try to watch their children, but occasionally they do take off. Mayor Kirkham asked how wide the easement is on Lot 8. The Parks and Recreation Director said that it was 30' wide and the ditch is about 6' wide. The problem stems from the fact that the lay of the land is so level. The pipe would be very shallow and at some points would be nearly exposed He agreed that the permanent solution would be the best. Councilman Harris asked what area would be in the storm sewer district and the City Engineer showed the area on the screen. He said that over the years the � property has been gradually improved and he thought that it was better than the people had before. The Parks and Recreation Director said that the ditch is now being temporara.ly fenced off with snow fence and it will soon be done. The work is being done by the Public Works Department. This has been done to try to offset the natural hazard of the open ditch. He pointed out that Lot 8 seems to have more attratction to the children in the area due to the rough terrain. Mrs. Kremer said that a better fence is needed. The children just push the fence over now Mr. Don Bratt said that he lives north of the park and he has had a problem with the blowing sand. He said that he hoped that it would be seeded soon. He asked if Lot 8 was owned by a church group. A member of the audience answered that it was owned by the Michael Servitus Unitarian Church. The Parks and Recreation Da.rectos said as to the blowing sand, the contract was let last year for the seedinq and will soon be taken care o£. They will be seeding the westerly end of the park, and from there, it wi11 depend on the decision tonight. Councilman Harris said that he had no ob7ection to proceding with the proposal Mayor Kirkham said that this would be all right, but it really would not 5olve anything. A member of the audience asked what was going to be done with Lot 8. The City Attorney answered that the City cannot spend public funds on private property. The City Engineer added that the ditch was dug through Lot 8 because the Ca.ty does have an easement. Mayor Kirkham said that it would seem that this proposal would make the situation worse on Lot 8, and the City does not have the right to fence that. Councilman Liebl wondered if there was any chance I of the owners of Lot 8 donating the land. Counci]man Breider asked how the City could get a fence on Lot 8 and the City Attorney said by condemnation, or if they would donate the land. He saa.d that rt could possibly be done with an easement using the public safety as the reason. The City Enga,neer pointed out that the snow fence would give a false sense of security. Chain link fence is very expensive. �g r + � ��� o' SPECIAL PUBLIC HEARING MEETING OF APRIL 13, 1970 PAGE 12 Mr. Ken McLellan, 6749 Kennaston Drive N.E., 5aid that if the banks could be � graded down, this should help. They act as a magnet to the small children. The City �nguieer said that something could be done about this. Mr. McLellan sald that he would like to see this developed, he £elt that it would be ad- vantageous to his property. He said that he would like to have a public hearing on the proposed storm sewer. The Czty Engineer pointed out that the people living by the park are only a small portion of the people that would be assessed for storm sewer. Mr, McLellan said tfiat �his-is ahout the only park in the neighborhood. She City Engineer said that zf he would like to start the petition, he could get the assessment area from City Hall. Councilman Breider pointed out that with the storm sewer installed, the park could be developed more fully. The Parks and Recreation Director showed a model plan for Meadowlands Park. He saad that this was not an approved plan as yet. The core part of the park is zn the drainage area. This park would have been taken care of by the bond issue which failed. He said that anyone wishing to examine the model closer is welcome to come to the City Hall, to the lower level. Mayor Kirkham asked if there was anyone present that would like to start the petition for the storm sewer, with the thought that when this is done the development of the park could proaede. Mr. McLellan asked if there would be cost estimates prepared. Mayor Kirkham said yes, with the thought in mind that they would be �ust that, estimates. Mr. Don Bratt and Mr. Ken McLellan volunteered to contact the City Encjineer on � starting a petition. Councilman Harris commented that the reaction toward the storm sewer has Ueen favorable tonight. He said that the cests have been going up continuously and if this pro7ect can be done, fine. The Council eould then hold a Public Hearing, but first they would l.ike a favorable expression of the people, before the time and expense of preparing cost estimates is gone through_ Mayor Kirkham asked the City Attorney to look into the intention of the owners of Lot 8, to see if there is a possibil�ty that they will donate the land. Councilman Breider thanked the people in the audience and the Parks and Recreation Director for coming tonight. OF BUIL➢ING PERMIT FOR DOUBLE BUNGALOW IN HYDE PARK. The City Engineer said that he would like to ask the Council what they would like done with a building permit application that was received by the Building Inspection office. He said that this was not on the Agenda, but the men were present in the audience. The zoning is proper and the application meets all the Code requirements. The only question is if the Council wants to hold up on all building in Hyde Park until the problems are resolved. He said that he has told the applicants of the propasal so that they cannot come back in two years and say, why were they not told of the other plans. Councilman Liebl said that this was not on the Agenda and he felt that there should be a full Council present. Mayor Kirkham said that this is Councilman Liebl's right, to decline to put it on the Agenda, and if not the full consent o£ � the Council, it cannot be put on. Councilman Liebl said that it should be on the Agenda for the next regular meeting night, and that all information should be in by Wednesday noon preceding the Council meeting. Councilman Harris questioned how the City could refuse a building permit if he meets all the �� R;, t � .,u��� SPECIAL PUBLIC HEARING MEETING OF APRIL 13, 1970 PAGE 13 � requzrements. Mayor Kirkham said that he agreed. The City Manager said that the City Attorney advised that this appliaation should be brought before the Council before issuing the permit. He said that there is ihe study on Hyde Park and the City Attorney is to rendex a decision at the next regular meeting The City Attorney said that the Council has asked for a memorandum regarding the improvement of the slip-off for Hyde Park. It may be that this resolution will have to be rescinded. He said that he did not know as yet if this would take a 4/5 vote. He said that the Council may be forced to go ahead with the improvement. He felt that it would be proper to withhold permission on the building permit application until the April 20th meeting. Mayor Kirkham said that this item cannot be discussed at this meeting as every- one is not in agreement to put it on the Agenda. RECEIVING BIPS FOR WATER PROSECT #95, SCHEDULE B: Bid Lump Sum Alternate Completion Planholder Surety Bid #1 Time Peterson-Templin, Inc. St,Paul $460,853.00 Deduct 230 Calendar 6402 Bass Lake Road F& M Ins. $19,887.00 Days Minneapolis, Minn. 55428 So B.B. � L.A. Shank Plbg. & Heating 3501 85th Avenue No. Minneapolis, Minn. 55429 � Am. Casualty $469,348.00 Deduct As per Co. $18,ODO.DO Specifications Sa B.B. Berglin-Sohnson, Inc. St, Paul P.O. Box "D" F & M Excelsa.or, Minn. 55331 5°s B.B Watson Const. Co. Employers 252 So. P1aza Bldg. Group Ins. Minneapolis, Minn. 55416 So B.B. R.O. Westlund Const Co. Ohio 1781 N. Aamline Ave. Farmexs Ins. St. Paul, Minn 55113 5% B.B. $454,203.00 Deduct 230 Calendar $12,000.00 Days $481,500.00 Deduct 225 Calendar $19,500.00 Days $511,471.00 Deduct 260 Calendar $11,900 00 Days The City Engineer said that the bids were received today at 1 30 P.M. and he would like to request that the bids be received but no award be made until the review and recommendations can be made. MOTION by Councilman Liebl to receive the bids for Water Pro�ect #95, Schedule B. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. AWARDING CONTRACT FOR STREET IMPROVEMENT PROJECT ST. 1970-1 AND ST. 1970-2• NOTE: Bids are listed in the Minutes of March 16, 1970. The City Engineer reminded the Council that the bid award was held up upon recommendation of the City Attorney. �' (� 4 SPECIAL PUBLIC HEARING MEETING OF APRIL 13, 1970 PAGE 14 The City Attorney said that he had checked the law and talked to the City � �ngineer. The law says that the Council must award to the lowest responsible bidder, but the courts are quite strict in this regard. He advised that the 1ow bid cannot be discarded unless there has been faulty workmanship and a law suit within the City There has been no actual default in this case, they have �ust been somewhat slow in other municipals.ties, He did not feel that there was anything that would 7ustify Council not awarding to the low bidder. Councilman Breider asked what the complaint was against Minn-KOta Excavating Company. The City Engineer said that they have not worked in the City of Fridley before on this type of work. He has called other Cities and they report that the company is new and not too well organized, consequently they are slow, and have had problems completzng the work on time Councilman Liebl asked who would be doing the inspection. The City Engineer replied that the City Engineering Department would. MOTION by Councilman Lieb1 to award the bid for Street Improvement Pro7ect St. 197D-1 and St. 1970-2 to Minn-KOta Excavating Company in the amount o£ $269,952 44 Seconded by Councilman Breider. Upon a voice vote, Liebl, Breider, and Kirkham voting ape, Harris voting nay, Mayor Kirkham declared the motion carried. CONSIDERATION OF HUMAN RELATIONS CO�'IMITTEE REQUEST FOR RELEASE OF QUESTIONNAIRE RESULTS- MOTION by Councilman Harris to ask the Administration to set up a meeting with � the Human Relations Committee prior to the release of the questionnaire results. Seconded by Councilman Breider. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried. CONSIDERATION OF 13 S KV LINE BETWEEN T.H. #47 AND T.H. #65: The City Engineer said that NSP did not favor signing the agreement as proposed by the City and offered the map found in the Agenda on Page 28 as an alternate. The line would be overhead on the south side along the railroad tracks in Locke Park and underground along the west side to Osborne Road. Mr. Larry Benson, NSP, said that the south portion of the lxne would follow the 345 KV line alonq the railroad tracks and would be overhead lines, and then it would go up past Carter Day and this would be underground. He said that NSP considers this an overhead area and he could not say when the lines will go underground. He said that according to NSP policy they will not build an underground line to feed an overhead area. The line would be underground from the Ice Arena to Osborne Road. Councilman Breider asked what would be along 73rd Avenue and Mr. Benson said nothing. Originally the proposal was for the l.ine to run down 73rd Avenue. Councilman Harr�s said that what NSP is telling the Council is that it will be overhead forever. Mr, Benson said that he could not tell what would be done in the future, but this has been declared an overhead area. The feeder is very badly needed, there is at present an overload of about 30%. Councilman Harris said that there would be a great amount of poles going through � that end of town, more than their share. The people do complain of too many poles. He said that he understood that it would be foolish to put an under- ground line next to an overhead line. Mr. Benson said that NSP would like to start as soon as possa.ble and hope to be done by June lst. Mayor Kirkham �_ � � � ! I , . � " �3 �� SPECIAL PUBLIC HEARING MEETING OF APRIL 13, 1970 PAGE 15 pointed out that there is industry on the one side and the park on the other. Mr. Benson said that some of the poles already in exa.stance can be used and that there would only be the addition of new poles between the old ones. MOTION by Councilman Harris to approve of the j�roposal by NSP for the lines as shown in the Ayenda of April 13, 1970. Seconded by Councilman Breider. Upon a voice vote, Kirkham, Breider, and Harris voting aye, Liebl abstaining, Mayor Kirkham declaxed the motion carried. The City Engineer handed out the latest weekly report for the 115 KV line £rom NSP dated April 1D, 1970 to the Council. MOTION by Councilman Liebl to receive the report from NSP dated April 10, 1970. Seconded by Councilman Breider. Upon a vo.tae vote� a11 voting aye, Mayor Kirkham declaxed the motion carried. CONSIDERATION OF UNIFORMS FOR STREET DEPARTMENT� WATER DEPARTMENT AND PARKS AND RECREATION DEPARTMENT: The City Manager recommended approval of the proposal that the Street Department, Water ➢epartment and the Parks and Recxeation Department be furnished uniforms. The Sanitation employees already are provided with uniforms. The plan is �o rent them rather than purchase them. Councilman Harris commented that he hoped that if this is approved that the men will then wear them. Nlr• Robert McPherson, Business Agent for Local #49, said that if any of the men came to woxk without their uniforms, they would be sent back home for them. MOTION by Councilman Harris to approve of the plan for uniforms. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham cleclared the motion carried. ESTIMATES: (FLOOD REPAIR WORK) Julian M. Johnson Construction Corp. 1229 Osborne Road Minneapolis, Ma.nnesota 55432 Protection of Road Shoulder A1ong Riverview Terrace (Flood Work) Chas. M. Freidheim Company 5115 W. 36th Street S�. Louis Park, Minnesota 55416 Protection of Road Shoulder Along Riverview Terrace (Flood Work) Dunkley Surfacing Company, Inc. 375b Grand Street N.E. Minneapolis, Minnesota 55421 FIIQAL ESTIMATE #2 for work completed on Improvement Pro7ect #96 (Flood Work) $ 684.00 $2,662.50 $2,134.10 ��)�l SPECIAL PUBLIC HEARING NIEETING OF APRIL 13� 1970 Estimates Continued. Ruben D. Lauseng 2441 Pleasant V,tew Drive New Briqhton, Minnesota 55112 Protection o£ Washout at Stoneybrook Way (Flood Work) Protection of Washout at Glen Creek Road (Flood Work) Protection of Roadway Shoulder on Riverview Terrace (Flood Work) Ga.le & Nelson Company 2101 lO5th Avenue N.E Blaine, Minnesota 55433 FINAL ESTIMATE #3 for work completed on Improvement Project #96 Addendum #1 (Flood Work) Estzmate #3 for work completed on Street Improvement Pro7ect St. 1969-3 - Dike Work $682.12 $368.13 PAGE 16 $1,050.25 $ 114.75 $3,029.77 $12,715.63 The City Engineer said that these estimates are all connected with the repair work for the spring flood of 1969. They have been trping to meet the deadline of April 17th set by the O E.P. They want all the woxk done one year from the declaration date. This is the reason for submitting estimates at a Special Meeting. All the work is done except some minor cleanup. MOTION by Councilman Harris to approve payment of the estunates, but hold the check until the cleanup is accomplished. Seconded by Councilman L1ebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. CONSIDERATION OF WEED MOWING SPECIFICATIONS• The City Manager reported that he had talked over the specifications with the contractor, Mr. Cutbirth. MOTION by Councilman Harris to approve oE the specifications and authorize advertising for bids. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried, Mr. Richard Harris expressed a complaint pertaining to his being charged for the mowing of weeds on property that was under water. APPOSNTMENTS: Name Mx. Ronald A. Mortenson 250 109th Avenue N.E. Blaine, Minnesota Position Sa1arY Assistant $709 Mechanic per month Replaces Gary Larson � I ' � � � SPECIAL PUBLIC HEARTNG MEETING OF APRIL 13, 1970 Appointments Continued. Name Mr. Kenneth Arvola 256 Russell Avenue So. Minneapolis, Minnesota Mr ponald Stiller 1355 Hillwind Road Fridley, Minnesota Position Public Works Sewer Department Public Works Sewer � Department Salary $659 per month $659 per month PAG� 17 Replaces Dale Bakke Steven Thorstad MOTION by Councilman Harris to approve the foregoing appointments. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. ADJOURNMENT: MOTION by Councilman Harris to ad7ourn the Meeting Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the Special Public Hearing and Workshop Meeting ot' April 13, 1970 ad�ourned at 12:00 Midnight. Respectfully submitted, � r/ _ /�/J='k'�'�/�c� Juel Mercer Secretary to the City Council � � � r Ja k ���kham��L4= `_ � - ' Mayor F y^ � jl I