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06/12/1967 - 00020861� THE MINIITES OF THE SPECIAL PUBLIC HEARING MEETING OF JUNE 12, 1967 The Special Public Hearing Meeting of the Council of the City of Fridley was called to order by Mayor Kirkham at 8;00 P.M. OPENING CEREMONY: Mayor Kirkham asked that everyone �oin in saying the Pledge of A1legiance to the Flag. ROLt CALL MEMBERS PRESENT: Kirkham, Liebl, Harris, Samuelson MEMBERS ABSENT: Sheridan 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 Rirkham declared the moti�n carried. PUBLIC HEARING ON FINAL PLAT - LOTS 14 AND 15, BLOCIZ 5, SHAFFER'S SUBDIVISION N0, 1- A. L. WILLIAMS: � The City Engineer handed out maps of the plat to the Council for their study. He explained that these were two large lots that axe platted into thxee lots, and that the P1anning Commission had requested a dedication of a triangular parcel for street purposes and that when a house is built on Lot 2 it must face Van Buren Street, and any access to this 1ot must be from Van Buren Street. Councilman Harris asked if there had been any ob�ections at the Planning CommissLOn Public Hearing. The City Engineer said there had been a few, but the Planning Commission went along with the p1at. The City Manager asked if a line had not been changed from the Preliminary at the Planning Commission`s request. Mr. Williams said that a line had been moved a little to the right to get a better 1ot line. Councilman Harris asked if- there were any houses on the property. Mr. Williams said no, and there had never been any that he knows of. Councilman Lieb1 asked about the price range of the homes he wi11 build. Mr. W111iams said they would be approximately $2D,000, and would be like those in the area, or maybe a little better. The City Manager said that he would be required to sod the houlevard and put two txees in the boulevard. Mayor Kirkham closed the Public Hearing on Fina1 Plat �k67-02 at 8;06 P.M. MOTION by Councilman Harris to concur with the request for approval of the � Fina1 Plat r'k67-02 by A. L. Williams sub�ect to receipt of the deed for Lot 4 and normal subdivision requirements. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays� Mayor Rirkham declared the motion carried. SPECIAI. COUNCIL MEETING, JIINE 12, 1467 S S SCROGGINS, INC: :_ i:i�►���ly PAGE 2 The City Engineer said that this property is presently zoned R-1 and they would like it rezoned R-3 as they will be building apartments. The C�ty Manager said that this rezoning includes a piece of property for rezoning that was added at the Planning Commission's request. Mr. Filister said that this parcel is approximately 100 feet, ranning the length of the lot. He said he thought it had been a mistake when it had been zoned R-1. The City Engineer explained that they wanted this rezoned for the area require- ments for the buildings they plan to buL1d. Councilman Harris said he could see no sense in the R-1 zoning as there is no access to utilitze it, and he felt this was a simple request and it behooves the Council to straighten out this piece of property, and he would make a motion to concur with the rezoning of this R-1 strip when the hearing was closed. Councilman Liebl asked what the owners intended to do with the property when it is rezoned. Mr. Filister said they intend to build apartments, although this land heing rezoned is mostly bank to the Mississippi River, CounciZman Liebl asked him if he owned the land marked "C" on the map. Mr. Filister said that this is public land and he believed the City hoped to make a park out of it. Councilman Lieb1 asked if the City had access to this land. The City Manager said that we do not at present, but would through school property. Mayor Kirkham said that access was being planned at the end of Charles Street. Councilman Samuelson said that there has also been some discussion of access on the scttool prope rty. Mayor Kirkham closed the Public Hearing on Rezoning Request ZOA ��67-07 at 8:12 P.M. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS: MOTION by Councilman Harris to adopt an ordinance rezoning from R-1 to R-3, Lot 4, Block 2, Hayes River Lots and Part of Lots 17 and 18, Auditor's Subdivision 4k78 upon first reading, waiving the reading. Seconded by Council- man Samuelson. Upon a ro11 call vote, I�irkham, Lieb1, Harris, and Samuelson voting aye, Mayor Kirkham declared the motion carried. Mr. Filister asked when they could expect to get a second reading on this ordinance, and if they were safe to proceed with their plans. Mayor Kirkham said that the second reading would take place at the next Regular Council Meeting a week from tonight, The Caty Manager said that the ordinance would take effect July 8, 1967. Councilman Harris said he thought the Council could assure Mr. Filister that he o��ild go ahead with his plans. Mi. Filister said it would be from 60 to 90 days before they would be ready for the permit and they realize they cannot get that until the effectzve date of the ordinance. 1967 DIRECTING PREPARATION OF Fr,T �k1966-3- Councilman Harris said that a number of figures had been discussed with the people at the Improvement Hearing and before the project was started. He said that the Assessment Ro11 has been prepared on two different bases. Under both plans commercial and school would pay 100%, and under one plan the City would pay 50% and the property owners would pay 50% on residential property, under the other plan the City would pay 1/3 and the property owners would pay 2/3 on resYdential. He said that he felt in fairness to � , � SPECIAL COUNCIL MEETING, JUNE 12, 1967 PAG� 3 � the people that were at the hearing, and the way the discussion was handled, the 50% cost formula was the one most prevalently used, and the Council would be remiss if they did not use this formula for two reasons: It was used to some degree to get the people to enter into the pro�ect and if the Council reverted back to the 1/3 share, there would be less people interested in entering into a pro�ect of this type. � � MOTION hy Councilman Harris to adopt Aesolution �k109-1967 directing the preparation of the assessment roll for Street Improvement Pro7ect dk1966-3 on the basis of the City's share being 1/2 of the cost of residential assessments, and that commercial and schools be assessed on the basis of 100%. Seconded by Councilman Liebl. Councilman Harris asked what the total cost of the 61st Avenue pro�ect had been. The Finance Director said that the total oras about $40,000, however, the school and City owa propexty wh7�ch wi11 amount to a little over $22,Q0�. Councilman Harris asked if this included the west side of University a1so, The City Engineer said that it did not. Councilman Samuelson aslced what the City has paid so far. The Finance Director said that this $74D0 for Mississippi Street wi11 be the first that has been taken out of the budget. The City Engineer said that the pro�ect could be completed and ready ior assessing if the Council wishes or it could be deferred for another year. Councilman Harris said there should be enough left for 61st Avenue, west of IIniversity. He said that there are side yards there, and he felt they would be upset if the Council voted a larger share for assessing. The vote upon the motion to adopt Resolution �k109-1967 was a voice vote, there being no nays, Mayor Kirkham declared the motion carried. RESOLUTION -0�110-1967 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLt FOR STREET IMPROVEMENT PROJECT N0. 1966-3: MOTION by Councilman Harris to adopt Resolution 9k110-1967. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayar Kirkham declared the motion carried. The Finance Director said that this hearing has already beea published as there must be two weeks notice. COMMUNICATION FROM COUNTY ATTORNEY: Mayor ILirkham said thatr unless someone wants to discuss this communication this evening, it could be brought back at the regular Council Meeting. M0�'ION_by Councilman Harris to receive the communication from the County Attorney. He said that he thought the letter was pretty explicit as to its meaning, and unless someone else wanted to bring it back, that was not part of his motion. Seconded hy Councilman Liebl. Upon a voice vote, there being no nays, Mayor Ki.rkham declared the motion carried. HARRIS• ELM TREES Councilman Harris said that it has come to his attention that we have lost some E1m trees in Fridley. He said he did �ot know whether it was through Dutch Elm Disease or other causes, but there �.r-e quite a few e1m trees in the Rice Creak basin and along_the east side of East River Road, and it SPECIAL COUNCIL MEETING, JUNE 12, 1967 PAGE 4 would behoove the Council to do whatever is necessary to make an investi- � gation and see if we have a problem. Councilman Samuelson said he thought the Council shauld go ane step further and have an ordinance on the books regarding dutch e1m affected trees, and he said he had a model ordinance he would give to the City Attorney to look at. He said there is also the question of how to pay for it if we do have'this problem, how do you gain access, and how can the community get support to fight it. Councilman Harris said that he understands that some communities, on the advice of the University, have enacted emergency ordinances expending up to $350 if necessary to see if they have the problem. He said if we have an evaluation analysis, they can report back and if we do have a problem we can enter into whatever controls are necessary with our own ordinance. Councilman Samuelson suggested that for immediate action, they could get an answer from the County Agent. The Citq Manager said that if Councilman Harris would like to give him the addresses where the elms could be found he would be happy to contact the State School of Forestry as they do this on a volunteer free basis. The Council decided to take this step to get this done quickly and economically for right now. Councilman Samuelson said he would give the model ordinance to the City Attorney, as he felt we should have one for our protection in the future. HARRIS: STR�L�TS AND INTERSECTIONS Councilman Harris said he would like to comment on the detachment of the service roads. He said that a 1ot of people have sai3 that it seems that nothing is being done on them, but he does not want the people to feel that the Council � and Administration have been remiss in doing this. He said that they have done everything possible on contacting the State and trying to get �this pro�ect under way, and at this time it is out of the Council�s hands. He said he wanted to let the people know that it is not the City that is dragging its feet, but the State has not moved at the pace that they indicated they would, HARRIS: SERVICE ROAD TN FRONT OF CITY HALL AND STH STREET: Councilman Harris questioned whether 64th Avenue and Sth Street could be entered in a Fridley street program because they are trying to get this together with the County on the improvement of Mississippi Street, and it does not appear that rt wi11 get in. The City Engiaeer said that if the Council wishes it can be put in one of the contracts, or a new contract can be let. The City Engineer said that there is a problem on 61st Avenue and University also. Councilman Harris asked if we could work it into our contract and then get remunerated by the State, especially the City Hall street, or we wi11 be using the new City Hall without a road if it is not done this season. Councilman Samuelson asked if we could have an aas[�r by the next meeting on when the State proposed to do this. The City Manager said he can inform them the City has changed their setup and see if they will agree, although this may take a while to get an answer. MOTION by Councilman Harris to direct the Administration to request the � State to allow us to put the portion of service road on 64th Avenue and Sth Street and on 61st Avenue and University into one of our street pro�ects this year and work out the cost of refinancing to the City for the cost of these two roadways. Seconded by Councilman Sam� lson. Councilman Harr�s suggested that Mr. Kurpius be requested to attexd the next regular meeting, if he can, to discuss the rest of the intersections: Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. SPECIAL COUNCIL MEETING, JUNE 12, 1967 PAGE 5 � LIEBL: CULVERTS, ELM AND BEECH STREET Councilman Liebl asked the City Attorney if he has contacted Mr. Albert Johnson as Councilman Liebl had received another ca11 from him that E1m and Beech Street are flooded and he cannot get ino The City Attorney said he had tried to ca11 him, and would do so again. Councilman Liebl asked what the City can do with this problem. Councilman Samuelson said that the only permanent solution would be a storm sewer, but in the meantime the culverCs can be cleaned out. Councilman Lieb1 questioned whether the dltch could be dropped two ot three feet, and a bigger culvert put in. Councilman Samuelson said that this was private property, and the question would be who wouldpay for it, He said the only real solution was to initiate a storm seWer and get a proportion of the cost from Spring Lake Park. The City Attorney said he would get together with Mr. Sohn � n and check the County records to see if this is a County ditch and then acCion could be started under County Ditch Statutes to repair it ox if it does noC belong to the County, a storm sewer pro�ect between Fridley and Spring Lake Park will take care of it. CONSIDERATZON OF CONSIRUCTION OF AN ARMCO STEEL BUILDING, 7210 CENTRAL AVENUE NORTHEAST, PARTS OP LOT 1, AUAITOR'S SUBDIVISION -0�89. OWNER - DETERMAN WELDING AND TANK SERVICE, 4775 - 3RD STREET NORTHEAST: Councilman Samuelson said that this item had been considered by the Building Standards - Design Control Subcommittee Meeting of June 6, � 1967. The City Engineer showed the Council a plot plan, and explained the dedication of 30 feet for sYreet that the City does have, but that there is no dedication from the property next to it, and they feel the City should have at least a 50 foot minimum. Councilman Aarris asked why iiiey want 50 feet on the bottom and 3D feet on the top. The City E�gineer said that they did not know ktow the land wi11 develop, or where the access will be. The Council discussed getting the necessary dedications before any construction is put in, and the necessary width for the right-of-way. Councilman Samuelson said that he thought the building was fine, although he questioned using crushed rock rather than bituminous, and�he wondered if there was anything the Council could do until they get the easements. Councilman Samuelson said he thought a mortgage company would question fire protection if there was no access, and it would behoove Mr. Hafner to get the easements in. The City Engineer said they could authorize a public hearing if they wished. The Crty Engineer said that the plan,shows the parking area as crushed rock. The City Manager said that with heavy trucks they probably uo uld need a 9 ton parking 1ot. M6TION by Councilman Samuelson that the Council grant the building permit under the conditions that the property owners present the easements based � on the normal 60 foot standards, and that the parking lot have a bituminous surface. Councilman Samuelson said that the burden of getting the eas�ments is on Mr. Determan.. Mr. Determan arrived at the meeting and Councilman Samuelson explained the problems regarding the necessary easements and pointed out on the ma_p where SPECIAL COUNCIL MEETING, JUNE 12, 1967 PAGE 6 they are needed. Mr. Determan told the Council that he would like to have , his bullding placed so that it wi11 be even with the other building, and would be 100 feet from the center line of the 60 foot easement. The City Manager said that this Council could do this when they are talcing so much land from him for easements. Mr. Determan also said that a bituminous parking lot would not hold up because of gas leakage from the trucks which would ruin it. Councilm�n Samuelson said he wonld like to stick to requiring blacktop. Mr. Determan said he would '6e willing to do a portion of it in Hlacktop, but he does not feel he wants to do all of it as it wi11 not hold up and because of the cost. Counczlman Samuelson suggested then that he pave everything to the front of the building from the rear building line, and he wi11 still have adequate parking space. Councilman Samuelson amended his motion Lo iead that the Building Permit be granted under the condition �hat the property owner acquire and present easements, based on normal 60 foot standards, north and south of his property on 72nd Avenue and Brook Street, from Central Avenue to the west property line; that the setback be waived to 100 feet from the center line of 72nd Avenue because oi the dedication for streets; and that the parking lot be biniminous from the north line of the buildino to 72nd Avenue. Seconded by Counczlman lIarris. Upon a voice vote, there being no nays, Mayor IZirkham declared the motion carriel. COPZSIt�ERATION OF CONSTRUCTION OF A CONCRGTE BUILDII�G ON LOTS 16, 17 AND 18, BLOCK 4, HYDE PARK ADDITION. REQUEST BY M& I AUTO PA8T5 CO1fPANY, 6005 UNIVERSITY AVENUE NORTHEAST: � Councilman Liebl said that this item was another one that had been studied by the Building Standards - Design Control Subcommittee at the June 6, 1967 meeting, and a representative for the owner was present at the meeting as they would like to get approval of this eonstruction this evening if possible. The City Engineer showed the Council the plans for this building. Council- man $arris said that it appeaxed to be minimum construction. Mr. Mi11er, representing the owners, said that the owners are actually doing more than the court order asked them to do, and he explained the work they will be doing. Councilman Samuelson said he did not feel there was much ingenuitq in the plan, and suggested tfiat perhaps they use a mansard roof to dress the front. Councilman Harris suggested that perhaps a 3' high planter wonld break up the flat look of the front. Councilman Liebl said that this is our main street and he would like to see something that looks at�ractive. The City Attorney said that the Inspection Department has gone over this very carefulZy as to what the code requires, and he is sure that their pZans meet the requirements. Mr. Miller said that the Council has to consider that these people �ust purchased this building on the basis of what the cost to repair it would be after meeting with the Building Inspector, Fire Inspector, and Health Inspector, and the Council will be putting a hardship on them if they tell them they have to spend a lot of extra money. The City Attorney said that action is pending in District Court to have this property restored � to code, and if they show the Court that this has been done, his legal opinion was that this is all the Court would require. He said they were interested only in the functional part of the building and not the aesthetics. Mayor Kirlcham said that this plan is a far cry from what he would like to see, but on the other hand, it is a big improvement over what has been there for two years, and he felt they would have to go along with the property owners SPECIAL COUNCIL MEETING, JUNE 12, 1967 PAGE 7 � under Che circumstances. Councilman Harris said Yhat there may be something that they would voluntarily do. Mr. Mi11er said that he could not speak for the owners on what they would be willing to do. MOTION by Councilman Liebl to concur with the Building Standards - Design Control Subcommittee recommendat�.on and grant the Building Permit as specified in their motion, Councilman Harris questioned whether there was any chance to talk this over wiCh the owners. He asked Mr. Mi11eY if Mr. Goldstein was the owner and if he was a Fridley resident. Mr. Miller said he was the owner, but n3t a Fridley resident. Councalman Harris asked when they planned to start con- struction. Mr. Miller said this week if they were granted the permit. Councilman Harris said he would like to talk with them about the front and see if the Council could get concurxance on dxessing up the front, Mayor Rirkham said that if this was brought back at the next meeeing, someone could talk to these people. He pointed out that this item had not been scheduled on the agenda for this evening, and that Councilman Sheridan is not present at this meeting to take part ia the discussion, and under the circumstances it may be wiser to have it back at the regular meeting. Councilman Liebl withdrew his motion. He said that according to the City Artorney, the Council cannot force the owners Co do anything, but they can try to reach an agreement, MOTION by Councilman Harris to table the dlscussion of this construction until � the regular Council Meeting of June 19, 1967 and ask Mr. Goldstein to attend the Council Meeting to discuss this wlth the Council. Seconded by Councilman Samuelson. Mr, vanDan, a visitox to the Council Meeting, asked what the sub�ect undex discussion was, as it was not on the agenda. Mayor Kirkham explained they were talking about the M� I building. Mr. vanDan said that the Council cannot demand more than the required minimum. Mayor K�rkham said that the Council is not demanding anything, but this was not on the agenda, Councilman Sheridan had not been advised it was to be discussed, and they feel the best thing is to bring it back so the Council can discuss rt with the peCitioner. He said the Council can point out some of the advantages of doing a little more, and perhaps satisfy the owner and the Council as we11. Mr. Miller said he was sure either the owner or someone in their behalf would be here. The vote upon the motion was a voice vote, there Ueing no nays, Mayor Kirkham declared the motion carried. VANDAN: SAVINGS ON SEWER PIPE AND COURT CASP�S IN MUNICPAL COURT: Mr, vanDan said he would like to address the Council on two sub�ects. He said that he has had some conversation with Councilman Lieb1 regarding the sewer code he is working on, and he has discooered that a savings could be made if instead of concrete storm sewer pipe galvanized iron was used instead. He said that it aarries an 80 year guarantee and the cost figures show a 50% � savings. He said that constant improvements are going on and he thought this could be taken advantage of immediately rather than waiting until the study is finished, and change orders could be issued for the present concrete pipes used in present pro�ects. Mr. vanDan said that the City Attorney has a hazardous building action before the District Court at present, and according to Minnesota Sratutes dealing with Municipal Court, the City has authority to prosecute a11 cases arising from enforcement of our own ordinances in our own munic�pal courts, and for violations the City can issue summons or citations, and not have to go to DistYict Court but prosecute in our court unless it is a condemnation proceedings. SPEC7IiL COUNCTL MEETZNG, SUNE I2, 1967 COMMIINICATION I'ROM AGRICULTURAL EXTENSION SERVICE; Councilman Harris sazd that several Pridley homeowners indicated they were considering hiring a helicopter to spray, and he was wondering if there could be any problem of spraying areas that should not be sprayed. Mayor Kirkham suggested that this be referred to the City Attorney. MOTION by Councilman Harris to receive the communication from the Agricultural Extension Service and refer it to the City Attorney for comments. Seconded by Councilman LiebZ. Upon a voice vote, there being no nays, Mayor Izirkham declared the motion-carried. AD SOURNMENT : PAGE 8 There being no further business, Mayor Kirkham declared the Special Public Hearing Meeting of June I2, 1967 adjourned at 9:30 P.M. Respectfully submitted, %%-7 `,� .�c���� vl��-`-- �� o-���J Mary Lu Strom Secretary to the Council ���`�``` ,k �,� I ` 1� ��L / t l / l ki��n ,.. �LZ / � � � �