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02/09/1970 - 00019020� �C1 THE MINUTES OF THE SPECIAL PUBLTC HEARING AND WORKSHOP MEETING OF FEBRUARY 9,1970 � Mayor Kirkham called the Special Public Hearin� and Woxkshop Meeting o� February 9, 1970 to order at 7:45 P.M, PLEDG� OF ALLEGIANC�: The Council and the audience 7oined in saying the Pledqe of Allegiance to the Flag ROLL CALL: MEMBERS PRESENT Harris� 5amuelson, Sherj.dan� Kirkham� Liebl MEMBERS ABSENT. None ADOFTION OF AGENDA: MOTION by Councilman Liebl to adopt the Agenda as presented, Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. PUBLIC FIEARING ON THE CONSIDERATTON O�' A REZONING REQUEST CZOA #69�11}. TO ' REZONE FROM R-1 1^O M-Z TI3AT AREA GENE.RZ�LLX LOCATED BETWEEN 40TH AND 415T AVENUES AND IN TII� VTCINITY OP GRAND �-1ND CT-1LI�'ORNIA STREETSe AND CONSIDERATION OF A REQUEST FOR SPECIAL US� PERMTT TO PERMIT THE EXPANSION OF A RAILFOAD TRACK IN M-2 ZONTNG (DEpARTURE TRACKS AND SLOPE EXCAVATIONI. REOUESTED BY NORTHERN PACIFIC RAILWAY COMPANY: Mayor Kirkham read the Public Hearing notice for the rezoning and the special use permit request. Mr. Russel D. Thompson, Assistant Director, Construetion projects for Northern Pacific Railway, came forG�ard and presented an overlay while explaining the project. He said that their proposal has already been explained several times through the Board of Appeals and the Planning Commission to the local residents. He said that Northern Pacific is asking for a small triangular piece of R-1 be rezoned to M-2. Immediately below this area is Minnesota Szlica Sand which is already zoned M-2. It is about 2.1 acres lying north of 39th Avenue in the vicinity o£ California and Grand Streets He said that they were also asking for a special use permit to permit the construction oP departure tracks and slope excavation. He pointed out the various uses of the land on the overlay of the automatic classification yard. The retarder yard is to bring trains into the pard for inspection, then the cars are lined up and allowed to roll into the , classif-ication yard at a controlled speed. They are controlled by a com- puter which takes into consideration the rollibility oE the cars� the speed� curvature of the tracks, and the distance to be rolled, This is a soph�,s� ticated concept and wi11 not cause trouble to the switchmen. Presently � 1 � SPECIAL PUBLIC HEARING MEETINV' OF PESRUARY 9, 1970 PAG� 2 � they are switched by a switchman� and either allowed to rol], freely or a man rides the car, using a hand brake, at some danger to the man. He said that sometimes a car is handled 5 or 6 times. Under the new system the car would roll directly onto the proper tzacks. I3e said that he felt that they could control the noise and the blasting and that they could live up to the City's ordinances. They are proposing to construct an overpass on 43rd Avenue at a cost to Northern PaciPic of about $2 million. There are some utilities that have to be relocated, and some land sti11 to be pur- chased. Councilman Liebl asked NLr. Thompson what specific measures will be taken to protect the nearby neighborhood during the construction. Mr. Thompson said that the blasting would be controlled to 2/10 G. The blasting would be restricted to the outer areas and in addition the shots would be moni- tored with a seismograph. This would be part of the contract. The dust would be controlled by watexing and the tzaffic would be controlled. Councilman Liebl said that some of the peoplE were concerned ..hat their property values would be damaged. Mr. Thompson said no, Northern Pacific checked this and was told by several firms that the railroad proposal would have no effect on the property values, and in one case, he was told that they may go up as this would mean that no other industrial enterprise could come in there. He pointed out that a resident of the area also took it upon himself to do some checking and found out the same thing. Money � foz home loans is tight right now Councilman Liebl said that he understood that the railroad was now on record as willing to construci the overpass and Mr. Thompson said yes. Councilman Harris asked about insurance coverage in case there is a claim for damages as the result of the blasting. Mr. Thompson said that th�ir contractor would have between $2 and $5 million in coverage against this sort of claim. Councilman Harxis asked if there were any utilities that would have to be moved. The City Engineer said that this would create no serious problem with the City of Fridley, although there may be a problem with the Minneapolis water lines. Mr, Thompson said that Northern Pacific has agreed to take care of the Minneapolis utilities if they are disturbed. Councilman- Samuelson asked who would have design control of the bridge. Mr, Thompson said that a.t would be the Public Service Commission, the County, and the Highway Department. He said that �here is a maximum of So grade and they have made a change wlaich will lower the hump 10 feet. Councilman Sheridan asked when they were contemplating construction. Mr. Thompson said they hoped to start in the spring or early summer. The plan is for construction over the next five years. This includes the construc- tion of a deisel house and the relaying of tracks etc. �xcavation wi11 be completed by next year. � Councilman Sheridan said that there were a number of stipulations set down 6y the Planning Commission and asked if he had any comments on any of those. Mr, Thompson said there was one restriction he felt was unrealistic and unreasonable, that is that the railroad should evaluate the structures of ��� SPECIAL PUBLIC HEARING MEETING OP PEBRUARY 9� 1970 PAGE 3 buildings in the surrounding area� within 1000 yards of the construction � site, prior to construction so that they can justifiably deny any charges of damage as a result of blasting, He felt that 100D yards was too far back, and pointed out that they would be monitoring their shots. This would be for their own protection. Mayor Kirkham asked who would own the overpass a£ter it is constructed by Northern Pacific. Mr. Thompson said that he believed that it is a County Road and that this would be worked out with the County a�ter the bridge is completed. The City Engineer confirmed that 43rd Avenue is a County Road. Councilman Harris asked who owned an area between East River Road and the tracks and Mr. Thompson, while pointing to the map, said that Great Northern owned the parcel in question. Councilman Harris suggested that there should be a dedication for a right hand turn, Mr. Thompson said that this would be kept in mind and could be worked on. A member of the audience asked where the east bound trains would enter. Mr. Thompson sdid 7ust north of Highway #100, where they do now. The old B yard will be the hump yard. The visitor said that he was afraid that the number of trains will increase and Mr, Thompson said that they would Ln- crease by about 600 - 700, The resident then pointed out that the traffic problem at the crossing on P4ississippi Street would be made much worse. Mr. Thompson said that they did not Pee1 that there would be as much blocking of the traffic as there is now because of the speed at which the cars can be claared. The new method of classification i_s much fastex, , Councilman Sheridan asked if there were any plans for north of I. 694 at 61st Avenue. Mr. Thompson said that there are plans for enlarging this in the future, but it is not part of this proposal. Mr. Henry Zimmer, 4021 California Street, said that he had a stucco house and wondered what would happen if it were to crack during blasting. Mr. Shompson said that the contractor would be made aware of this. A member of the audience asked about the noise of the retarder. He said that he had no idea how loud it would be He said that he would like to hear a recording and had asked for this about a month ago. He pointed out that it would be too late after the railroad is in, if rt is found that the noise is unbearable. Mr. Thompson said that the noise will be within the ordinance requirements. The ordinance only allows 36 decibels in a residential area. This noise is not created by every car. There are engineers working on it now to try to reduce the level of noise down even further. He said that Northern Pacific has to get the noise level down to where it will be accept- able to the local people. The retaining wall will buffer the sound also. A member of the audience asked what would be the benefit to the City of Fridley Mayor Kirkham said, indirectly, industrial growth. Mr. Thompson added that yards of this nature attract industries, although not necessarily to the immediate neighborhood Businesses must follow the railroads The resident then said that in some areas of Minneapolis the areas surrounding , the switching yards become ghettos. Councilman Samuelson asked how many homes are involved. The City Engineer said 10 or 11 in the City of Fridley, the rest are in Columbia Hezghts. Councilman Samuelson said that he could understand the people's concern � ,� {> �� �_,_� SPECIAL PUBLIC HEARING MEETING OF FEBRUARY 9, 1970 PAGE 4 � about the blasting. He felt that there should be sets of photographs taken prior to the blasting in case of complaints of property damage. The Assistant City Attorney suggested that the Northern Yacific Railway Co. should agree to be responsible and hold the City harmless. Mr. Thompson said that they would be in the same position as the City of Fridley, and the contractor must bear the responsibility and he is required by the railroad to have insurance for this. Councilman Sheridan asked if Dunkleys Surfacing and Minnesota Silica Sand would then go out of business, and Mr. Thompson said yes. Cusrently Dunk- leys has ownership of some of the land and some of it they lease from the railroad. He said that the deal with Minnesota Silica Sand has not been consumated as yet, but they have stated that they want the railroad to buy all the land. Councilman Liebl pointed out that these two operations have been a bone of contention to the citizens in this area. There have been complaints on the rock crusher, and this would be eliminated. This proposal would be an inducement to develop industrial land The railroad has now said that they will support the City's arguments for an underpass for Mississippi Street which would greatly increase the police and fire protection for those west of the railroad tracks. This would be a great step foxwaxd and a positive move. Councilman Samuelson asked about the excess dirt from the excavation. Mr. Thompson said that there was 3'� million yards of excavation, and most of the � soil would be surplus. Columbia Heights has asked for about 100,000 yards and they will need to get rid of the rest, and perhaps the City of Fridley would want it. Councilman Sheridan asked if there could not be some sort of step zoning to step down to the residential. Mr Thompson sazd that he did not care, the land outside of the track area is surplus to them, and he would not care what is was zoned. It could not be used for any railxoad operation because of the steep elevation. Councilman Sheridan explained that in the past the Council has tried to protect one zoning against another by step zoning Mr Zimmer asked if the railroad would be selling the land between the dirt berm and the tracks. Mr. Thompson said that some of the land may be sold and they had been asked to give those people in the area first chance at pro- perty the railroad may be disposing of. CouncLlman Sheridan commented that this would be between the residents and the railroad, Councilman Samuelson asked how much of a variance they were asking for. The City Engineer said that they were before the Board of Appeals for this. The variance is from 15D0 feet. Mr, Thompson added that they were asking for a reduction to 0 feet. They would be moving the tracks about 300 £eet. There would be 495 feet from Main Street, and 70 feet below the top of the slope MOTION by Councilman Harris to close the Public Hearing on the rezoning and � special use permit request by Northern Pacific Railway Seconded by Council- man Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried, and the Public Hearing closed at 8:35 P.M. Y30TE: Other items o£ the Agenda were taken up to allow the County Commissioners to arrive. a.=��- SPECIAL PUBLIC IIL'ARING MEETING OF' FEBRUARY 9, 197D PAGE 5 ➢ISCUSSION REGARDING GARBAGE HAULING: (On Agenda at request of Fridley � Sanitation) Mr. Sen Shutrop, Fridley Sanitation, said that the letters were sent to Mayor Kixkham, the City Council and the City Manager stating what his company can do, and he would like to hear the Council's comments. Councilman Samuelson asked if this letter refers to all of the City of Fridley or only those customers he serves, Mr. Shutrop said that they would prefer to leave as rt is. Sf the Council desires otherwise, they will have to start work on alternate solutions, He pointed out that last year they were accused of a lack of communication, this is one of the reasons for the letter. With the Uurning ban initiated by the State, he sent out letters to all the Cities he serves. Councilman Harris asked him what about his competitors, are they willing to give the same consideration. Mx. Shutrop said that this would be up to the City or to his competitors to take care of this. He said that he Pee1s that they can take care of their custonters when the burning ban goes into effect while keeping the rates the same. About SOo of their customers do not burn now. He said that he felt thdt they have the man power and trucks now to handle their business if the ordinance is enforced. Ne said that they had a can limit but they would no longer. They would ask that leaves and grass be bagged and placed at the curb on pick up days. They are not suggesting that the cans be placed by the curb, but where they are supposed to be accordinq to the City�s ordi� nance. Councalman Samuelson asked if the grass pick up would not be about ' the biqgest thing in a few years and Nlr, Shutrop said that there is much more grass clippings than there was 7 or 8 years ago. Councilman Liebl asked what the charge is for an average home and Mr. Shutrop answered }3,00 per month or if paid in advance, $33 per pear. Councilman Lieb1 said that last winter Fridley Sanrtation said that they wuld not get proper help, and he assumed by the letter that this has changed. Mr. Shutrop said yes. Councilman Liebl said that he would like to see an air pollution ordinance passed, but this would mean that there would have to be faczlities to remove everything. Would not this mean double the pick up� D1r. Shutrop asked if Councilman Liebl was referring to the customers they have now and he answered yes. Mr. Shutrop replied that they would have no trouble serving the customers they now have. There is less and less burning going on, so the increase is not as great as might be believed. Councilman Harris asked if the rubbish haulers have some sort of an associ- ation that they all belong to, and Mr. Shutrop replzed yes, Councilman Harris wondered whether it would not be folly to initiate a program unless a11 the association were in agreement. Mr. Shutrop said that their two competitors within the City of Fridley are members of the association, and he could not speak for them, but he assumed that they could take care of their end. This has been discussed with them, Councilman Samuelson suggested that if an air pollution ordinance is passed, that the operators be req_uired through the licensing program to haul a11 � disposable waste, Mr. Shutrop said that would be fine. Mr, R.B. Koger, Fridley Sanatation, said that if the customers of the com- petitors could not get the same kind of service from their company, they would switch to one where they could. n q �_ y SPECIAL PUBLIC HEARING A4EETING OF PEBRUARY 9, 1970 PAGE 6 � Councilman Sheridan asked if the price quoted is an average price among the competitors, and Mr. Shutrop saicl that it would vary from $2.50 to $3.50 per month. Mayor Kirkham said that he could see very little problem. The ordinance could read no burning and all garbage and rubbish must be picked up, grass clippings to be bagged etc. Other restrictions could be made within the ordinance, if necessary, and the business could be left com- petitive as it is now. He said that is what he would prefer, this would also help to keep the rates down, Councilman Liebl said that last year he paid about $33 and it is another $1.50 to empty the burning barrel which has to be done a few times a year. This would make the cost from $36 to $38 per year. The Council had authorized the City Manager to check the municipal operation of Blaine. There they average $25 to $28 per year and they pick up everything. He said that he believed in free enterpzise� however, if the people could save about $10, it should Ue considered. Councilman Liebl asked what his men were costing him per hour, including insurance and other benefits, and Mr. Shutrop answered over $4,OD, probably closer to $4.50, Mr. Shutrop said that the extra charge for emptying the burning barrel is because it takes two men. He thought that an average home would have about 3 cans i£ there was no burning. Councilman Sheridan thanked Mr. Shutrop for coming before the Council and offering his comments, He said that this is the first time this has happened in this manner. He said that it � appeared that he had a good business operation. He added that he di.d not believe that a municipality should be in the rubbish hauling business. Mayor Kirkham said that he agreed with Councilman Sheridan and that it should either be left as it is or franchised. Councilman Harris also agreed and said that he would like to see Fridley Sanitation continue on the same basis. There is no reason for going any £urther iF service is satisfactory. Mr. Shutrop said they also take care of people on Social Security at a reduced rate. Mr. Koger said that they would like to know if the City receives any complaints on their service, and now that the lines of com- munication are open, to try to keep them open. MOTION by Councilman Liebl to receive the letter from Fridley Sanitation signed by Ben Shutrop, and the memorandum from the City Attorney reqarding the granting of franchises dated February 5, 1970 Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously DISCUSSION REGARDING CITY EASEMEDiTS AND CQNDL�MNATION OP CONSQLZDATED CARTON ON OSBORNE ROAD: The City Engineer said that last November the Council authorized the Administration an3 the Cyty Attorney to start negotiations or condemnations £or property south of Onaway Addition. Last year there was a study made and it was agreed that there should be a connection from Commerce Lane and ' Osborne Road to the property north of Osborne Road, and up into Onaway Addition. It was felt that this would be a good access to Onaway Addrtion. There is a request from the property owners for an alternate route for the zoad, which he outlined on a map. He said that he felt that this altexnate route would be cumbersome for trucks, and the original proposal would be more satisfactory. They are selling 2'� to 3 acres to East Ranch Estates ��� SPECIAL PUBLIC I-IEARING MEETING OF FEBRUARY 9, 1970 PAGE 7 Second Addition and they want to put in the road abutting the property � rather than cutting through it. Councilman Sheridan asked what about water and sewer. The Crty Engineer said that it is not in now. There have to be easements obtained for water and sewer. Councilman I-Iarris said that he concurred wzth the Engineering Department in the layout of the road. Access into this area is very minimal now. Without another good access, growth would be retarded. The Assistant City Attorney said that they originally agreed to allow the City to start construction, but since then,have reneged, If the Council agrees with the concept presented by the City Engineer then his offzce w�ll start condemnation. They have requested a delay in certifying assessments until the property is built up, He said that if the Council were to agree to delay certification� that a definite t�me should be stated. It was agreed by the Council that a normal assessment should be levied. Councilman Sheridan asked if there was only one ownership involved, and the Assistant City Attorney said yes. Councilman Sheridan said that he did not want any delay in the construction pro7ect. MOTION by Councilman Harris to instruct the City Attorney to proceed with condemnation and to continue the same policy of assessments as in the past. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanunously. � DISCUSSION WITH COUNTY COMMISSIONERS IN REGARD TO MISSISSIPPI STREET UNDERPASS: Mr Harvey Peterson and Mr. LeROy Johnson, County Commissioners� were present at the Me�ting. P7r. Peterson explained that more could not attend as Monday night is a bad night for both the Commissioners and the County Engineer. Councilman Harris said that the last four years the City has been requesting that an underpass be put in on Mississippi Street. This has been discussed many times with the County. The reason for asking the County Commissioners to come before the Council tonight is that there is a proposal by the rail- road to enlarge their yard, along with the merger of the companies. This will mean a greater number of trains on the tracks. I3e said that he did not feel that when the City appeared before the Public Service Commission, that the City was given the consideration it should have been given. There zs a definite interest in pursuing the underpass on Mississippi Street The main reasons are for safety and protection The City has two schools on the west side of the tracks and the only sure clear crossing is I. 694. He felt that the City of Fridley is unique in being a long crty with a railroad track running the Pull extent of it. The railroad has stated that they will back the City in their request for the underpass. Mr Harvey Peterson said that the County's position is that they had an � engineering firm make a study and according to their findings, an underpass was not warranted. The railroad at that time was reluctant to participate. He, personally, felt that an underpass was needed, but he said that he was only one Commissioner. Iie questioned where the draa.nage would go. He said that he understood that it would have to go into the Mississippi River. � �-� SPECIAZ PUBLIC AEARING MEETING OF FrgRU7�RY 9, 1970 PAGE 8 � The County has plans to upgrade Mississippi Street from 2nd Street to East River Road and they will have to be deleted if the underpass is to be considered. He pointed out that the railroad has said that they will parti- cipate, but prices are rather vague, Councilman Harris said that he has seen traffic backed up all the way from Una.versity Avenue to East River Road with a train blocking traffa.c. He agreed that the improvement oP Mississippi Street from 2nd Street to East River Road should be deleted iE the underpass is to again be considered He said that he felt that the plan has a chance now, although, the cost is very high. He said that the railroad wants to get started, and he suggested one of the first steps would be to take this up with the Road and Bridge Com- mittee. Councilman Liebl asked how much money was in the 1970 budget. Mr. Peterson said about $1,2 million. Councilman Liebl suggested that this could be done over three years or so, as it could not possibly be done in one year. Mr. Peterson said that when the State Legislature met, there was a bill for bondinq l00 of assessed value of the County for capital improvements, but it failed. It was agreed between the Council and the County Commissioners that the City Manager was to coordinate a meeting in the very near future. Mr. Peterson suggested that Great Northern be included, as they have tracks there also � CONSIDERATION OF UNION AGREEMENT �IOTION by Councilman Liebl to concur wa.th the City Manage as outlined in his memorandum of February 4, 1970. Seconded by Councilman Samuelson. MOTION by Councilman Harris to amend the motion by striking Item #7, con- eerning the Administration checking off the union dues Seconded by Council- man Sheridan. Upon a voice vote, all voting a_ye, Mayor Kirkham declared the motion carried unanimously. Councilman Harris asked about the longevity, and pointed out that there was no mention of the deletion The City Manager said that the union per- sonnel for whom wage packages are neqotiated have never had lonqevity. This list as submitted are the only items agreed upon and the rest are the same as last year. THE VOTE upon the motion being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #22-1970 - RESOLUTION CHARGSNG COSTS INCURRED UNDER STORM SEWER PROJECT #80 TO THE GENERAL FUND MOTION by Councilman Harris to adopt Resolution #22-1970. Seconded by Councilman Sheridan. Upon a voice vote, a11 voting aye, Mayor Kirkham , declared the motion carried unanimously. R�SOLUTION #23-1970 - RESOLUTION TRANSFERRING COSTS AND EXPENSES FROM THE ST. 1969-2 STREET CONSTRUCTION PROJECT TO STORM SEWER PROJECT #?89: MOTION by Councilman Sheridan to adopt Resolution #23-1970. Seconded by Councilman Samuelson. Upon a voice vote, a11 ayes, the motion carried. ��� SPECIAL PUBLSC HEARING MEETING OF FEHRUARY 9, 197D LICENSES General Contractor By R & A FIOlding 6225 UniVersity Avenue N.E. Fridley, Minnesota A. Gearman PAGE 9 Approved By Building Inspector MOTION by Councilman Harris to approve the foregoing license. Seconded by Conncilman Samuelson, Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimouslp. REC�IVING MEMORANDUM FROM CITY ATTORNEY CONCERNING AUTO ALLOWANCE FOR CITY EMPLOYE�S: MOTION by Councilman Liebl to receive the memorandum from the City Attorney dated February 5, 1970, concerning automobile allowance for City employees. Seconded by Councilman Samuelson. Upon a voice voteF all voting aye, Mayor Kirkham declared the motion carried unanimously. ADJOURNMENT MOTION by Councilman Liebl to adjourn the Meeting. The motion was seconded and upon a voice vote, a11 voting aye, Mayor Kirkham declared the Special Public Hearing and Workshop Meeting of February 9, 1970 ad�ourned at 9 35 P M. Respectfully submitted, v "- J /%,� /wU/� 3uel Mercer Secretary to the City Council �//i��//`/ Vr� �G//l.�!'lr4ti.- �� Jack O, Kirkham 'v Mayor � � ,