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08/14/1967 - 00020739� THE MINUTES OF THE SPECIAL PIIBLIC HEARING MGETING OF AUGUST 14, 1967 � T'he Special Public Hearing Meeting of the City Council of the City of Fridley was called to order by Mayor Kirkham at 8:06 P.T4. PLEDGE OF ALLEGIANCE; Mayor Kirkham asked the audience to stand and �oin in saying the Pledge of A1legiance to the Flag. ROLL CALL: MEMBERS PRESENT: Kirkham, Liebl, Samuelson, Harris (Arrived at 8;10 P.M ) MEMBEAS ABSENT: Sheridan ADOPTION OP AGENDA; MOTION by Councilman Samuelson to adopt the Agenda as presented Seconded by Councilman Liebl. Upon a voice vote, there be;ng no nays, Mayor Kirkham declared the motion carried, - LOTS 1- 6, BLOCK 1, CARLSON'S SUMMIT MANOR The Acting City Manager read the Notice of Hearing. The City Engineer explained that this area was north of Horizon Drive at 3rd Street Northeast. He pointed the area out on an aerial map. The City L�ngineer said that there have been meetings held before the Planning Commission and the people are aware of the request. He handed out the minutes of the last Planning Commis- sion Meeting and pointed out that the Planning Commission had approved the rezoning, (COUNCILMAN HARRIS ARRIVED AT 8;10 P.M.) Mr. Wilbur J. Ho1m, Attorney for the S&S Investment Company, was present at the Council Meeting and explained that the S&5 Investment Company has entered into a purchase agreement with Arvid E. Carlson & Sons, Inc. to purchase these six lots if they can be rezoned from R-1 to R-3. He said that they axe under no obligation to buy the lots if they are not rezoned. He said that there would be some advantages to this area in that the apartment builcli_ng they propose wo+�ld act as a buffer between the residents and T.H. 4k47, would increase the tax base, and if the rezoning is granted, ehe vacant lots will be used. If it is not granted the lots may never be used as financing is very hard to get for these residential lots. He said that they wi11 build only 1 bedroom apartments. Mr. Ho1m said that presently there are apartments on both sides of the street from 49th to 53rd Avenue so this will not be spot 1 w ning, but wi11 be making the lots consistent with what already exists, lIe said that Chairman Erickson of the Planning Commission is also on the Building Standards - Design Control Sub-Committee who controls the type of building put up, and Mr. Erickson has indicated that he will watch this very carefully, SPECIAL COUNCIL MEETING, AUGUST 14, 1967 PAGE 2 Mr. Tack Velin, 5105 Horizon Drive Northeast, said this was the fourth ' meeting he had attended on this rezoning. He said that he was sorry Mr. Shaw of 5& S Investments was not present as he had 6een the one that sold the property owners present at the Council Meetittg their lots, and everyone had asked about the possibility of apartments being built, but they had been assured by Mr. Shaw that they would not be built in this area, He said that if he had known this would be rezoned he would not have bought his lot. He said he could have gotten the 1ot next door to an apartment house cheaper if he had wanted to. Mr. Ve1in said that the people are opposed to a 3 story apartment building. He said that they would have been agreeable with double bungalows if Mr. Shaw was stuck with the property, but Mr. Shaw keas not been truthful with the people about owning the property. Mayor Kirkham asked how many people at the Council Meeting were opposed to this rezoning. Pive people raised their hands. Mr. Florin Novak, 5130-3rd Street Northeast, said that his $25,000 home would be worth about $15,000 if the apartment goes up across the street from him, and he wi11 still have to pay the same taxes. He said that he had checked L-hat this was zoned residential before he bougktt hxs lot. Mr. C. W. Root, 3200 France Avenue South, representing Arvid E. Carlson & Sons, Inc., said that it was he and not Mr. Shaw that had sold these lots to Clemron and to Lyndale Builders who had built homes on them, and he had made no promise that the lots would not be used for some other purpose. � Mr. Root said that originally there were two outlots in Summit Manor North Addition, Outlot 9 and Outlot 10 and both were zoned commeYCial, although he and Mr. Carlson were soon convinced they should be mutliple. He said that when Summit Man or North was platted, OutZot 10 was not included in the use restrictions that are filed on anything they develop, and so multiples were not allowed. He said that they requested it changed from commercial to xesidential as they thought houses could be built on it. Mr. Root said that proceedings in court corrected the Outlot 10 umission and the restric- tions limiting Outlot 10 to residential were removed. He said the lots are lying vacant because no one can get FHA or GI financing where the lots abut the highway and he would like to see the land zoned as originally intended which was multiple zoning. Mrs. B�ugan, 5097 Topper Lane, asked how the property below 49th Avenue had gotten financing. Mr. Root said that there had not been such strict regu- lations on GI and FfIA financing in earlier years, and there has been some z lots abutting the hzghway in this area, that the Minnesota Highway Department had �ust taken in the last two years. Inr. Chester Brozak, 511C-3rd Street Northeast, said there had been 5 new houses along University Avenue since he had moved there and they had gotten financing. He said that if apartments are put up, people wi11 never build on the empty lots and they wi11 end up being rezoned for more apartments. He said that the traf£ic is very dangerous already for children and there ' will be more cars if it is rezoned. He said a lot of the people have two cars and the Police have to get the cars out of the way so the streets caa be plowed in the winter. Mr, Root said that it was not true that there were two cars for every apartment. He said that there were only 3 families out of the 8 11-unit buildings that have two cars, there is adequate parking, SPECIAL COUNCIL MEETING, AUGUST 14, 1967 PAGE 3 � and it has been his personal experience that the police do a good �ob patrolling this area. Mr. Root said that almost all the land from 49th Avenue north had initially been built by them until after the tosnaR.�o, and even then people had trouble getting financing. IIe said the new homes may have gotten conventional mortgages. Mr. Ho1m said that 40 parking spaces wi11 Ue provided for the 24 or 25 unit apartment so cars will not be parking on the street. He said that 5& S Investment owns the apartments at 5475 �nd 5495 Main Street which are an example of the excellent care and maintenance ttzey zc�c�i�*e. Mr. Velin said the people could probably agree with a one stoty apartment building, but if they are proposing a 2z story flat-top apartment, they would definitely be opposed. Mayor Kir7cham asked Mr. Holm to describe the size of building they were pruposing. Mr. Ho1m said that he was not abLe to te11 the Council this, as they are not spending any money until they know if the rezoning goes through. He said that they would work with the Building Standards Design Control Sub-Committee on the design, and it wi11 te either one or two Uuildi_ngs with a total of 24 or 25 units, with �+0 parking spaces. He said he did not know the height. Clouncilman Liebl said that as Councilman of the 3rd Ward and repr�sentative of this area, he has studied the proposal thoroughly. He said he has considered the property owner requesting the rezoning an3 he has talked to the people that live in this area. Councilman Lieb1 said his personal ' opinion was that this property should be put on an income basis, but he is also interested in the people that live there and also the traFfic that would be caused by two 25-unit apartment buildings, which would overload 3rd Street. He said he would ����pose two or three 25-unit apartment buildings but he would concur with three 6-unit apartment buildings, He said that these would blend in with the other lots. Councilman Liebl sa�_d that if the land is rezoned to A-3, �he City wi11 have no �urisdiction in telling the builder what he can build. Councilman Samuelson said that the City could control the number of units. Mr. Holm said there wi11 only be 1 or 2 t+uildings, and the total units wi11 not be in excess of 25. Mr. Holm said that if three 6-unit buildings or double bungalows were required, *_here would be no deal, as his client wa._ interested only in mult�ples. Council- man Harris asked if the apartments to the north and south were in before the present property owners built. Mr. Velin sa�,d that they were, but the people had asked and been told they would not come down any further. N[rs. B�ugan said that when they bought on Poplar Lane in 1966 from Mr. Carlson, they understood that Horizon Drive was as far as they were going to go with apartments on 3rd Street. She said that the builder cannot d�cide what he is going to build, r°he felt he should make a decision and then come to the Council Meeting with his plans. Mr. Root said that Lots 9 and 10 were already zoned multiple when Mrs. B,7ugan bought so she should have no interest in this, but the people in Summit Manor North would have an interest. Councilman Liebl said that 53rd Avenue eventually will have traffic from the T'arget store and wi11 be very busy, but he would like to see the land � developed on an income basis and thinks that the City could afford 18 units (three 6-unit apartment buildings) that would blend in with the area. He advised the Council that if the City does not have a proposal from the Uuilder that is acceptable to the people, he would have to vote against it. SPECIAL COUNCIL MEETING, AUGUST 14, 1967 PAGE 4 Mr. Root said that by closing Horizon Drlve, the Minnesota Highway � Department has doubled the traffic on 3rd Street and it cannot a11 be attributed to the apartment buildings. Mayor Kirkham asked the Council if they felt they had heard all the evidence on both sides. They agreed to close the hearing. MOTION by Councilman�Harrls to close the Pu61ic Hearing on rezoning Lots 1- 6, Block 1, Carlson's Summit Manor Annex 2nd Addition. Seconded by Councilman Samuelson. Upon a voice vote, there beiag no nays, Mayor Kirkham declared the hearing closed at 8:48 P.M. Mayor Kirkham explained to the people that it was the Council's policy to table their decision until a subsequent meeting to weigh the facts and evidence, and that this wi11 be brought back for action at a future Council Meeting. Councilman Liebl said he would like to state that if the Council gives S&S Investment Company the rezomng from R-1 to R-3, they will have no control whatsoever, and they can put up any building they want. He asked Mr. Root why they feel that 3 6-unit or 3 7-unit buildings would not be feasible. Mr. Root said that it has been their experience that 7-unit buildings, such as they have at 53rd and Horizon Drive, were not economically sound. He said the land costs and assessments were too high. Councilman Liebl asked Mr. Root if he li'ved where these people lived, if he would be in favor of the rezoning. Mr. Root said that he would want to be accurate � about it, and that he had never promised at any time that this would not be rezoned. He said that he would like a nice apartment rather than shacks across the street, which could be the case if they cannot get financing. PUBLIC HGARING ON 1967 SERVIC� CONNECTIONS: The Acting City Manager read the Notice of Hearing. The Acting City Manager said that these were not laterals in the narmal sense of the word, but were for property that has not paid a proportionate share of the water and sewer connection charges as provided for in the City Ordinances. He explained that the ordinance requires these charges to be paid in cash or by assessment, and in most cases the City has signed agreements from the property owners, but there are a few who have not signed agreements. He said that in some cases the services have been used for some years, and the City is �ust picking them up. Mayor Kirkham said that the Council has recarved a written ob�ection from Mr, Ployd J. Ordemann representing Mr. and Mrs. Clem Coverston. MOTION by Councilman Harris to receive the communication from F. J. Ordemann, dated August 12, 1967, regarding the south 90 feet of Lot 17, Cloverleaf Drive Northeast. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor ICirkham declared the motion carried. Mr. Ordemann addressed the Council on behalf of Mr. and Mrs. Coverston � and explained that they had purchased the property under an agreement that the seller would pay all assessments. He said they had discovered the service charge before the closing and had agreed to split the charges. He SPECIAL COUNCIL MEETING, AUGUST 14, 1967 PAGE 5 � said that this was a delayed assessment and they felt the City should have made the charges against the property at the time of the connection. He said that his client would be amenable to paying 1/2 the assessment. The Finance Director explained that this was in an area of Fridley where the Lines were put in pxior to 1957 and the lateral charges were based on a site basis rather than on footage. He said that this was a large parcel which was being divided. The property would not be assessed the same as other property in Fridley if there was only one charge for two normal size lots. Mr. Ordemann said that his clients were ob�ecting to the manner in which the levy was made as it should have been made at the time of the conm ction, and it would have been assumed completely by the seller Councilman Harris said that the City has no control over how parties handle their agreements, and he felt this was �ust a discussion of semantics. He said that if the City agreed to �ust 1/2 the assessment, they would be setting a bad precedent and opening themselves to lawsuits. There was a discussion between the City Attorney and Mr. Ordemann on similar cases, and whether this was not comparable to pending assessments. Councilman Harris said that the only thing the Council could do, was not to reduce the assess- ment, but hold it in abeyance until a structure was constructed on the property. Mayor Kirkham suggested they close the hearing and take it under advisement rather than make a dacision at this time. � Mr. Morris Bangsund, 235 OsbornaRoad, was at the Council Meeting and said he was owner of Lot 15, Auditor's Sub �k77. He explained to the Council that he had made an agreement with the Crty to put in his own lateral to East River Road at a cost of over $1,000 and that there should be no assess- ment against him. He showed the Council the agreement which was dated August 24, 1966. He said he had hooked directly to the main line on East River Road, and it had been built to City specifications. He said that he had been assessed $400 for his prop�rtion of the trunk line at the time it was put in. The City Engineer said that the Pridley FIealth Inspector had authorized this hookup because they had a cesspool, and it would have cost the City too much m�ney to build a latera L The Finance Director said that this connection charge is an error and should not be on the assessment ro11. rfOTION by Councilman Samuelson that Lot 15, Auditor's Sub �k77 for sewer lateral in the amount of $688 be deleted from the assessment roll. Seconded by Councilman Harris for discussion. Councilman Harris asked if an agreement had been signed. The Finance Lirector explained that the agreement stipulated - less credit for extra cost, and Mr. Bangsund's extra cost had exceeded the assessment. 7'he Vote upon the motion was a voice vote, there being no nays, Mayor Kirkham declared ttze motion carried, � Mayor �irkham asked if anyone else wished to be heard on this Public Hearing. There was no answer. SPECIAL COUNCIL ME�TING, AUGIIST 14, 1967 PAGE 6 MOTION by Councilmaa Samuelson to close the Public Hearing on 1967 Service ' Connectrons. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the hearing closed at 9:25 P.M. SPECIAL UST PERMIT - MILLER FUNERAL HOME• Mayor Kirkham said that a letter had been received in opposition to the Special Use Permit from Mr. Bryce P. Shimmon, 6810 Brookview Drive Northeast. MOTION Ly Councilman Harris to receive the communication from Bryce P. Shimmon, dated August 3, 1967. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor K�.rkham declared the motion carried. Councilman Harris said that according to previous discussion, Mr. Millet plans to build his building back to his property line if he gets a Special Use Permit to use R-1 land for parking. He asked the City Attorney if he can build on the property line w�th a Special Use Permit or if he will need rezoning. The City Attorney said he would not need rezoning, but would probably need a waiver. The City Attorney said that the property is still zoned R-1 and the ordinance permits the construction of a Funeral Home on K-1 property, so it would be his opinion that the setback requirements of R-1 would apply even though it is not a residential dwelling, and if it does not comply, there would have to be a waiver. Mr. Miller asked if this would not become all one property under one ownership. The City Attorney said this could be if he would Ue willing to waive the possibility of putting a building on the other lot, Mr. Mi11er said that the total width of the lot ; is 107 feet and asked if 75 �eet would be enough for a residential lot. The City Attorney said that the 7ot could be split if Mr. Miller got permission. There was a discussion on whether the Jot considered as one parcel under a Special Use Permit should be redtagged and considered unbuildable, or if there could be a lot split. Mr. Miller said that he would not care if he could not park cars on Lot 1, if he could have a drive- way on Lot 1 and build his building up to the lot line. Mr. Mi11er mentioned the possibility thattP could purchase more land and put a home on Lot 1. The Council discussed the possibzlity of splitting off the easterly 30 feet of Lot 1 for a drivewayo Mr Miller asked how much more depth he would need on the remainder of Lot 1 to have a buildable lot. There was a discussion of a lot split making the Special Use Permit area 32.8 feet which would leave 75 feet of Lot I, and if Mr Miller could get 20 feet to make the loi 150 feet deep, there would Ue a buildable 1ot. Mr. M�ller agreed to this. The Council also discussed the fact that all traffic would come of£ Brookview Drive and there would be no access on 68th Avenue. MOTION by Councilman Samuelson that the easterly 32.8 feet of Lot 1, Block 1, Brookview Second Addition sha11 be granted a Special Use Permit for a service drive, and the westerly Speczal Use zoning line o£ Lot 1, Block 1, Brookview Second Addition sha11 have a screening fence and planting strip which shall continue east along the north property line to the northwest corner of the proposed building, and along the south property line of Lot 1, Block 1, Brookview Second Addition east from the Special Use Permit line to the westerly line of Lot 2, Block 1, Brookview Second Addition. This permit is sub�ect to � tlie petitioner acquiring an additional 20 feet to the south of Lot 1, B1ock 1, Brookview Second Addition. Seconded by Councilman Harris, and upon a ro11 ca11 vote, Rirkham, Harris, Samuelson votting aye, Lieb1 voting nay, Mayor Kirkham declared the motion carried. SPECIAL COUNCIL MEETING, AIIGUST 14, 1967 PAG� 7 � The City Engineer said that the City can issue a permit on one parcel if Mr. Mi11er wants that much property for a Euneral home or there can be a two way 1ot split, Councilman Harris said that Mr. Miller wi11 have to have this before he can get a building permiL-. MOTION by Councilman Harris to approve a lot spLit on Lot l, B1ock 1, Brookview Second Addition, splitting the northerly 150 feet (as measured from the centerline of 68th A�enue Northeast) from the balance of Lot 1, and then splitting the west 75 feet of the north 150 feet from the east 32.8 feet of the north 150 feet of Lot 1, Block 1, Brookview Second addition. Seconded by Councilman Samuelson, Upon a ro11 call vote, ILirkham, Harris, Samuelson voting aye, Liebl voting nay, Mayor Kirkham declared the motion carried. Mr. Mi11er said he owns property by the K[ughts of Columbus building and Suburban Engineering. He said he feels he should put a Uuilding on this Land and asked if there would be any problems with zoning. The GoLr.cil said they would like to see an office building on Chis land. They said they would not like to see an apartment building between two commerical properties, and pointed out that the road is a one-way service drive. MR. GERALD LOMAR, NORTHERN STATES POWER REPRESENTATIVE: The City Engineer introduced Mr. Serry Lomar to the Council and said that he was the public relations representative for Northeast States Power Company. � The City Engineer said that he had recently met wrth the District Manager for the northern district and had 3 questions for him. (1) Concerning access on their property from Locke Park for the Park Department shed. The City Engineer said that he had seemed favorable to the Locke Park access, and at first glance could see no problems. (2) NSP's plans regarding hlgh tension lines. He said that NSP was thinking of another line along Locke Park and then up University Avenue, and he had asked �hem to bring the plans before the Counci L The City P�ngineer said they had promised that by next Monday,there should be something for the Council to look at. Councilman Harris said that he had met with Gary We1t regarding the high tension line that goes from 69th Avenue acYOSS and down University to 57th, across and down the railroad tracks, and moving this should be discussed before there Ls any action on high tension lines. Mr. Lomar said NSP was getting some things together on this. Councilman Lieb1 asked if they would show the difference in cost between high wires and underground wiring. Mr. Lomar said he would rather wait and see the completely finished picture rather than saying anything at this time. He said that NSP will cooperate 100% with the City. (3) Street lighting for the City Ha11. The City �ngineer said that the District Manager had said that the oaly thing they could put �n the parking lot would be wooden poles with street lights on them, and he did not feel the Council would want this. Councilman Liebl asked about the transformer for the new City Hall. The City Pngineer said that this had come befoxe the Council as a change order and had been turned down. � S. C. SMILEY - POLICE DEPARTMENT: The Acting City Manager said that he had talked to Chief Aldrich and he had said that Mr. Smiley does not have to do anything with the communications systems as most of it is rented from the Telephone Company and will all be taken care of by them. SPECIAL COUNCIL MEETING, AUGUST 14, 1967 PAGE S The Council discussed getting firm prices on the redesign of the Police layout The Crty Engineer said that for any change order that goes to the contractor, the City pays 7%, so if the City was to be charged anyway, they should get the service. The Acting City Manager said the concern would be if the Council committed themselves to the preliminary design, and then decided not to go ahead with it. He also mentioned the time element, as anything S. C. Smiley is to do will take a while to get back. The Council discussed the minimum changes that will be necessary. Councilman Harris suggested they ask 5. C. Smiley to meet with the Council in the Crty Manager's office. The City Engineer said that Mr. Smiley should be able to make a preliminary estimate and give an idea of the money range. He said that the Council should stress that the contract completion date is September 14th, and only the time on changes should be extended, not the whole contract. The Council deci�ed to invite Mr. S. C. Smiley to a meeting Wednesday, August 16, 1967, at 4•30 P.M. in the Crty Manager's office. PARK SHED AND OMAN HOi1SE� The Council requested that the Park Director get more bids on moving the tin shed off the City Ha11 property as the $1800 bid they have received is too higlt. Councilman Harris suggested that possibly the Park ➢epartment could use their own equipment, The City Attorney said that he will be contacting the company that purchased the Oman house on August 15th, and wi11 te11 them that the house will be readvertised and the best offer taken, and that the City will bring suit For the difference in that price and the company's offer. Councilman Samuelson asked that this be back on the agenda of August 21, 1967. ADJOURNMENT� There being no further business, Mayor Kirkham declared the Special Hearing Meeti�zg of August 14, 1967 ad�ourned at 10;22 P. M, Respectfully submitted, ir� , �_✓� //�-- � r I�['t�. %i; ✓�-�-'� %'�-,�'V�' =r'l._/ Mary Lu Strom Secretary to the Council � � ; � f �,�� � . J � J� C, G s�� �. �� s L.�t' ir" " AYOA - JACIL 0 KIRKHAM � , �