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07/10/1972 - 00017314�Ol l THE MINUTES OF THE REGULAR COUNCIL MEETING OF JULY 10� 1972 The Regular Council Meeting of the Fridley City Council was convened at 7:40 P.M., July 10, 1972. PLEDGE OF ALLEGIANCE Mayor Liebl led the Council and the audience in saying the Pledge of Allegiance to the Flag. INVOCATION. Councilman Mittelstadt of£ered the Invocation, ROLL CALL: ME��IBERS PRESENT: Breider, Liebl, Utter, Mittelstadt MEMBERS ABSENT. None ADOPTION OF THE MINUTES OF THE REGULAR COUNCIL MEETING OF JUNE 5, 1972: MOTION by Councilman Mittelstadt to adopt the Minutes of the Regular Council Meeting of Sune 5, 1972 as presented. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. ADOPTION OF TFIE MNUTES OF THE PUBLIC HEARING MEETING OF JUNE 12, 1972: MOTION by Councilman Breider to adopt the Minutes of the Special Public Hearing Meeting o� June 12, 1972 as submitted. Seconded by Councilman IItter Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanunously. ADOPTION OF THE MINUTES OP TAE REGULAR COUNCIL MEETING OF JUNE 19, 1972 MOTION by Councilman Mittelstadt to adopt the Minutes of the Regular Council Meeting of June 19, 1972 as presented. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. ADOPTION OF THE MINUTES OF THE CONTINUED BOARD OF 20, 1972: MEETING OF JUNE MOTION by Councilman Breider to adopt the Minutes of the Continued Board of Equalization Meeting of June 20, 1972 as written. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. ADOPTION OF THE MINUTES OF THE SPECIAL COUNCIL NIEETING OF SUNE 20� 1972: Mayor Lieb1 called the Council's attention to the bottom of the first page, and said the motion for the adoption of the Ordinance for changing precinct boundaries was made by Councilman Breider, and asked that the record be changed. MOTION by Councilman Mittelstadt to adopt the Minutes o£ the Special Council Meeting of June 20, 1972 with the aUove change. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. � � � � � REGULAR CDUNCIL MEETING OF JULY 10, 1972 ADOPTION OF THE MINUTES OF THE 5PECIAL COUNCIL MEETING OF JUNE 28, 1972: Li � � �I PAGE 2 MOTION by Councilman Breider to adopt the Minutes of the Special Meeting of June 28, 1972 as written. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously ADOPTION OF AGENDA: Mayor Liebl said there was a communication to add from Mrs. Arthur Young concerning a request £or a stop sign and a memorandum from the City Attorney in regard to participating in a class action suit. MOTION by Councilman Mittelstadt to adopt the Agenda as amended. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. VISITORS: Mx. Steve Y.antorowicz, 5200 Tayloz Street N.E , Complaint on Hill Behind Skywood- Mr Kantorowicz asked what happened to the plans £or taking care of the hill? Nothing has been done and it is still not fixed or the weeds cut. Councilman Utter had said the City would mow the weeds and Councilman Mittelstadt has said he would come out and look at it, Councilman Utter said that he was out to look at the hill a couple o£ times. The City Manager was supposed to send the Weed Contractor out, but that has not been done and he was supposed to get together with the City Attorney and the property owner to see if something could not be done. To date, the problem is still hanging. Mr. Kantorowicz said it has been hanging for four years. Nothing has been done and he is tired of it. He said his lot was not sodded for 1'-s years, and he received some letters from the City to get it fixed, now it is the Crty's turn. Mayor Liehl said the Council did take some action. He said he understood there was not too much the City could do, the City has no right to move onto private property. Mr. Kantorowicz said that then he would have to take legal action against the Ca.ty for allowing the bank to be cut so steeply There was supposed to be some improvement, but it is still the same, so the alternative is a lawsuit. Councilman Utter said that the City Attorney, the City Manager and Sheldon Mortenson met and Mr. Mortenson signed an agreement to fix thai� area up. This was 5- 6 weeks ago. As it happens Mr. Mortenson a.s out of town a lot of the time, and is very hard to reach. She City Attorney said the Weed Contractor works on a summer basis, and the pro- gram cUesn't start until ,7une 1. There are notices sent out Lhat give the property � owner a certain amount of time to do the work himself, so this all takes time. The actual mowing process does not get started until about June 15th. He said he would imagine before the summer is over, the weeds on the bank will get cut. There is a lot of land needing cutting in the City o£ Fridley and he can only do so much. It is a limited program, but is as good as any in the other municipalities. He added he, too, has been up there a couple of times. ��,+d REGULAR COUIDCIL MEETING OF JULY 10, 1972 PAGE 3 Mr. Kantorowicz asked what was going to be done with the big ruts in the bank. � The City Attorney replied if he knew the answer to that, it would have been fixed a long time ago. Mr. Kantorowicz said that then he would resort to legal action and the City Attorney advised him he would not win, his best bet would be to cooperate with the Council. Mayor Liebl asked him what he thought the City should do, since the C1ty cannot go on private property. Mr. Kantoro- wicz pointed out that he received a letter from the City stating that if he did not £ix his lot, the City would, so couldn't the City say the same thing to Mr. Mortenson? The City Engineer said that when this was brought to the City's attention, the previous City Manaqer worked out an agreement stating that the City would take care of the boulevard areas and Mr. Mortenson was to fix the rest, so that it could be maintained. The growth on the slope has become a problem and as Councilman Utter pointed out, the information has been given to the Weed Inspector to have it mowed. On slopes such as this it is very difficult to mow. Mayor Liebl asked if it would be mowed in two weeks. The City Engineer said he did not know the time limit on the notice, but they will have to wait until that is up, then he will ask the Weed Inspector to make this job the first. Mr. Kanotrowicz asked what he is supposed to do with the weeds in his lawn seeded from the weeds on the slope? xe said his grass has become all weeds. The City Engineer said if he wanted to sue his neighbor, he could do so, the City is only telling his what can legally be done and what cannot. Mrs. George Patterson, 5885 7th Street N.E., Complaint on the Andersons' � Trucks- Mrs. Patterson said that the trucks the Andersons have for their business are creating a nuisance and they are not only small trucks, but semis and cattle trucks. 5he said her bedroom windows are 10' from the driveway and the noise disturbs her and is disrupting the whole neighborhood. She said it was definitely a nuisance and a safety hazard. She said she has had to see a doctor as a result of this annoyance. She said she had talked to Councilman Utter and he assured her this problem would be taken care of and that there would be an ordinance to consider tonight. Mayor Liebl said they had discussed this in executive session, and he believed what Councilman Utter was referring to was the updating o£ the Code Book. There are many amendments and changes that have to be made to the existing ordinances, some because of the action of the State Legislature. He felt the Police Depart- ment should be asked to provide some input into a proposed osdinance that would be adaptable to this case. Mrs. Patterson's claim is that the Andersons run their business out of their home, but Mrs. Anderson has presented affidavits stating that they do not store their trucks on their p�operty, these were checked out and found to be true. He said perhaps by August, the Council may have some answer for Mrs. Patterson. Councilman Utter said that he drove by there and there was a truck in the driveway by their back door. He asked that the Administration check tro see � if a special use permit is needed and if so, if they have one. Mrs. Patter- son said the trucks start coming at 6:00 A.M. and come and go all day long. Mayor Liebl informed Mrs. Patterson Fridley does have a nua.sance ordinance if she would care to pursue the problem through that route. She would have to sign a complaint before any action could be started. � � � ,L l Y L REGULAR COUNCIL MEETING OF JULY 10, 1972 PAGC 4 Mrs. Icena Schuur, 401 Mississippi Street, Shorty's Towing Contract_ Mrs. Schuur said that towing bids £or the Crty of Pridley were opened April 28, 1972 and the bid award made to Shorty's Towing Service May l, 1972 for two years. They still do not have a signed contract and the contract wording has been changed since the time the bid was let. The Ci�y Manager has held secret meetings with some of the Policemen and if they are drawing up a new contract, she wanted to know why she was not permitted to attend the meeting to discuss it with them. The Crty Manger had told her when it was drawn up, she would then have an opportunity to read it She had asked what if Shorty's Towing did not want to sign the contract with the new wording and she was told that then the City would rebid the towing contract. She then read from the contract some of the points she disagreed with Councilman Breider said that he believed the contract was drawn up outlining in greater detail the requests of the City. It was a two year contract because for as long as he knew of, Shorty's has had the towing contract. He hoped Shorty could sit down with the Administration and discuss those portions on which they did not agree. The City Attorney said he recea.ved a call £rom Shorty's attorney wanting to arrange a meeting between their attorney, the City Attorney and Shorty. He told their attorney that he would be glad to sit down and try to reach a mutually agreeable compromise. Mayor Liebl said a.t is not the intention of the Council to harrass Shortys. As to the secret meetings, the City Manager has the right to talk to any one of the City employees. Fridley's aim is to get the best possa.ble service, perhaps the Staff has been too strict. He felt sure a suitable contract could be worked out that Shorty could live with. He asked that Shorty give the good service he has in the past. Mrs. Schuur said they always have and intend to continue to do so. She added a part of the contract calls for inspection of their books by the City, and to that she would ob�ect strongly. She said only the I.R.S. will check her books: Mayor Liebl said these are items that are to be handled by the Administration. If there is a disagreement, it should be an rtem on the Agenda. Mr. Robert DeGardx�er, Builder of House at 58 Rice Mr. DeGardner explained he is building a house at 58 Rice Creek Way. He obtained a£ront yard setback variance from 35 feet to 25 £eet, and proceeded to build the house. When the time came to run in the services, there caas a dis- crepancy found in the survey, so he had the lot resurveyed and found the original survey was in error. Now, he has the house almost built and would need an additional variance. He presented pictures of how the house sits on the lot in relation to the other houses. He said he circulated a petition of no ob7ection among the neighbors and brought it £orward. Mr. Hamer, who had been one of the ob�ectors, now has saicl that he thinks the house looks very nice. hLr. DeGardner said he thought they were building the house with a 25 foot setback, now he will need a waiver of 10 more feet to make it a 14 £oot setback. There is a 14' boulevard, so it does not actually look as close as it sounds. �� ' �� REGULAR COUNCIL MEETING OF JULY 10, 1972 PAGE 5 Councilman Mittelstadt asked when the next Board of Appeals Meeting would be and � said he would like to have this go before them, if possible. The City Engineer replied in two weeks. The building has been red tagged and he did not £eel he should let Mr. DeGardner proceed wrth his buildang until the Council was made aware of the error. Mayor Liebl said he should have been advised of the proper procedure of going through the Board of Appeals. The City Engineer said he gave him the exact procedure, but obviously Mr. DeGardner did not want to wait that long. PETITION �11-1972 - IN FAVOR OF THE VARIANCE REQUESTED BY ROSERT DEGARDNER FOR 58 RICE CREEK WAY: MOTION by Councilman Mittelstadt to receive the Petition #11-1972. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Mittelstadt to remove the red tag from the property at 58 Rice Creek Way, and approve the additional variance requested, making the setback 15 feet. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. ORDINANCE #516 - AN ORDINANCE AMENDING CHAPTERS 1.02 AND 1.03 OF THE CITY CODE RELASING TO WARD AND PRECINCT BOUNDARIES WITHIN THE CITY: MOTION by Councilman Mittelstadt to adopt Ordinance #516 on second reading, � waive the reading and order publication. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimouslg. DISCUSSION REGARDING THE PENDIIQG ASSESSMENT FOR CIRCLE FLOW IN HYDE PARK AREA (PART OF T.H. #47 SLIPOFF): � RECEIVING PETITION #12-1972 AGAINST COMPLETING SECOND PHISSE CIRCLE FLOW PLAN: Councilman Mittelstadt said this is not a recent item, it has been before �he Council for about the past five years. The area in question a.s bounded by 60th Avenue, 57x Avenue, 2; Street and University Avenue. The people wanted this area zoned commercial and a.t was pointed out to them that to make it convenient for any commercial development, the slipoff and the circle £low would have to be put in to accommodate the traffic. The residents agreed with the plan, the Council adopted rt and the State o£ Minnesota approved the plan. This improve- ment was ordered by resolution and in his opinion it should be put in at the earliest possible date. The Council is not in a position now to make changes or deletions, or they would be sub7ect to litigation by the property owners. The former action of the Council should stand and the order should be given to the City Administration to implement the remaining portion o£ the pro�ect. Mayor Liebl said the Council has spent considerable tune and ef£ort and a£ter much study adopted the ordinance making the plan e££ective. .Ln order to expedite � the rezoning petition, Fridley had to approach the State Highway Departmen�. for approval of the tra£fic pattern for the commercial area. He said it was very important to have a plan whereby none of the commercial tra£fic would go through the residential area to the north. The second stage of the plan has not ��, ,, � �,� , REGULAR COUNCIL MEETING OF JULY 10, 1972 PAGE 6 � been implemented, but the area is commercial and people selling thea.r pro- perty can command commercial pra.ces for it. Former Councilman Harris pointed out very clearly that there may be some inconveniences to the people and there may be some hardships to some of the people, but the Council has com- mitted themselves to this plan as being the best long range solution. His recommendation is also to go ahead with the second phase. He added that the City also had to pay commerca.al prices for the right of way needed. If the Council were to renege now, they could be sued, and they would lose. Councilman Breider said the second phase was held up rather than burden the residents £urther with another assessment, but he would have to agree with Councilman Mittelstadt and Mayor Liebl; the improvement should be done in the next construction season. Mayor Liebl said the first step would be to try to negotiate for the land, and condemnation would only be the last resort. The City Attoney agreed, if successful in negotiata.ons fine, if not then condem- nations would have to be started. He added that as a policy, Uefore he has started any condemnation proceedings, he has informed the Council first. Mayor Liebl commented that a few weeks ago Mr. Muggli asked what was going to be done, and that at this point everything is in limbo. He asked Councilman Utter if he concurred with the rest of the Council and Councilman Utter replied yes. Mr. John Pawluk, 5931 3rd Street N.E., said he lived close to Mr. Muggli and asked what was planned. Mayor Liebl said there would be a service road along Universrty Avenue from 60th Avenue to SSth Avenue to provide for the commercial � property Mr. Pawluk said he did not think that was needed It would serve no purpose as long as Third Street was there. The people would have to pay the assessment, and he felt that if they had to get out, they would not get enough for their property to allow them to buy another home. He said what the Council intends to do would not make them more prosperous, but would be another hardship. Mayor Liebl said in 1969 when the rezoning was discussed, 950 o.f the people were in favor of the rezoning, and Mr. Pawluk was probably one of them. Mr. Pawluk said yes,he was. Mayor Liebl said he realized this would be a hard- ship now, but he was sure the residents would get their investment back eventually. The ordinance provides that every 40 Poot lot must be used in the block so there would be no dead lots. He pointed out that Mr. Strand and Mrs. O'Berg do not live in this area any more, as they already sold out They could get their escrow money back if the Council rescinded the previous order, but he felt that would be a breach of £aa.th with the people and the Highway department. He assured Mr. Pawluk he would get his money back if and when he sold his land. Mr. Pawluk said that when Eldon Schmedeke approached the people in the area to get the rezoning, they did not realize how much the assessments would be, or that this was so that NLr. Schmedeke could sell his place at commercial prices. He said this puts all the residents in a precarious position, they do not necessarily want to sell their home, they want to live in it. Some of the people live only on Social Security and their pension. He said the people � were not warned, and did not know about the new street. Mayor Liebl said that was not true, there were many Council meetings at wha.ch the slipoff and circle _ flow pattern was discussed. The record of the Council meetings will prove this statement true. { ( ✓ i_I �" REGULAR COUNCIL NIEETING OF JULY 10, 1972 PAGE 7 Mrs. Marvin O'Berg, Route 7, Brainerd, said at one time there was a petition � stating no one wanted the commercial, then there was another one wanting the rezoning. As to the cost, she said she had a good idea how much the improve- ments would cost and so did Mr. Strand. She pointed out there have been other streets that have been deleted from projects, so it can be done. The Council is not taking the £eelings of the people into consideration. Mayor Liebl told Mrs. 0'Berg she was one of the 5% that did not favor the rezoning and that her only concern was getting her $2,000 escrow money back. He said he must be concerned with the pride o£ the community. Mrs. O'Berg said you would be putting in a road that could be put in later as needed. There may be people that will have to sell before the commercial comes in due to circumstances, such as a death in the family etc. Mayor Liebl asked her is she lost any money when she sold. Mrs. O'Berg said after the commission, she got $17,000. It was a good sized house and you cannot build another house for $17,000. Mr. Eldon Schmedeke said that it seems to be the feeling that he was the instigator of this proposal. He said he only wanted to rezone his property. He said he moved there in 1948 along with a lot of other people who did the best they could. Many moved in one stall garages, added onto them, and have ended up fixing them up quite nicely. These houses will not stand forever. He reminded the people of the tornado, and the talk theri of urban renewal. He said he considered commercial zoning the highest and best use £or the land. The Planning Commission brought in a planner who developed some plans. He showed on the overhead projector some of the alternate plans that were � presented at that time. He said he ob7ected to those plans, along with some of the Planning Commission and Council memhers. He said in his opinion, the plan that was adopted was the best plan that could be devised £or this area. He said he has explained the plan and he knew that Mr. Ankrum explained the plan to anyone that was interested enough to question it. He did not think anyone was misled or cheated. Ae said that since the tornado he has served on a subcommittee for the community. At one time it was dif£icult to get out o£ this area of Hyde Park, then 3rd Street was put in over some of the people's ob�ections, and now he £inds that the people that objected the loudest about the improvement oP 3rd Street are the ones that use it. He added this issue was not brought about again by him, but by Mrs. O'Berg. He said he would like to have it put in, but he is not pushing it. Mr. Pawluk said that they are already assessed for the slipoff, and now there would be another street assessment on top of the price of the property when they sell it. He did not think it could be sold. Mr. Schmedeke said that the special assessment would 7ust be tacked onto the price of the lot when it is sold. He pointed out the high wst of the commercial lots on the east side of University Avenue and said that the assessed valuation for a 40' lot was about $6,000, but could probably be sold for closer to $7,000. Mr. L.M. Muggli, 6030 2nd Street N.E., said that possibly some people will be hurt, but some will make a lot of money. The commercial area across the street was very expensive. He said he has been left hanging, although he could � appreciate the Council's reasoning. This delay has cost him many times more than it has cost Mrs. O'Berg. He said he was in favor of this proposal, because he believed it best for the area, and everyone will eventually benefit. , �,. � �� e� REGULAR COUNCIL MEETING OF JULY 1D, 1972 PAGE 8 � PETITION #12-1972 - REQUESTING RESCINDING THE SECOND PHASE OF CIRCLE FLOW PLAN IN HYDE PARK ADOPTED SY RESOLUTION #194-1969, 11-3-69: MOTION by Councilman Mittelstadt to receive Petition #12-1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Mittelstadt that, to be consistant with the thinking of the past Councils, it is in order to initiate action to start the second phase of the circle flow plan. Seconded by Councilman Breider for discussion. Councilman Breider asked if the normal procedure would not be to pass a resolution. The City Attorney said yes, the resolution would authorize him to start acquiring the rzght of way. Councilman Breider said that then when the resolution is brought back for Council passage, he would like a description of the pro�ect included in the resolution. THE VOTE UPON THE MOTION, being a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. REQUEST FOR WAIVER OF PORTION OF SECTION 16, PARAGRAPH 5, ORDINANCE #435 (INTOXICATING LIQUOR). REQUEST BY MR. WILLIAM WEISS AND BERNARI7 G. SLACK, RICE CREEK INSURANCE AGENCY: � Mr. Jim Black, Rice Creek Agency, said there were a couple of sentences in the ordinance pertaining to liquor liability that they have encountered difficulty wa.th because of the limited insurance market in this area. At present there are only three companies writing liquor liability in Minnesota. These companies a11 write similax policies and they are all inflexible as to any modifications to the standard wording as found in their policies. The two sentences they would like waived are as follows: "Further, it shall provide that no payment by the insurance company shall, in any manner, decrease the coverage provided for in respect to any other claim or claims brought against the insured or company there- after." and °The licensee and the City shall be named as �oint insureds on the liabilrty insurance pola.cy." �layor Liebl asked the City Attorney if he agreed with this waiver and the City Attorney replied yes, and suggested that someone with some insurance back- ground should make some suggestions for amending that portion of the ordinance if it is unrealistic. MOTION by Councilman Mittelstadt to waive the two requirements as noted above � and instruct the City Attorney to start work on a proposed amendment to that portion of Ordinance #435 so it could be included a.n the codi£ication. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. ;y vF� �� REGULAR COUNCIL MEETING OF JULY 10� 1972 PAGE 9 FIRST READING OF AN ORDINANCE TO AMEND SECTION 45.103, RELATING TO LOT AREA � AND LOT WIDTH REQUIREMENTS IN C-1, C-1S� C-2� C-2S: MOTION by Councilman Mittelstadt to approve the ordinance on first reading, and waive the reading. Seconded by Councilman Utter. Upon a roll call vote, Mittelstadt, Breider, Liebl and Utter voting aye, Mayor Liebl declared the motion carried unanimously. TO PURCHASE PROPERTY AT 6289 T.H. #65 OWNED BY JAME5 AND BERNICE GIBSON: The Acting City Manager said the Staff recommendation is to purchase the property for $66,400 cash, pay � of the special assessments amounting to $332.65 and authorize the Crty Manager to proceed with disposing of the building. Mayor Liebl questioned why it is felt necessary to hire a consultant to draw the layout plans rather than have the Administration do it? The Acting City Manager said the Staff feels this would save money in the long run. An architect the City would hire would do the same thing, plus adding on his fee, which would come to considerably more. This consultant would prepare the detailed speciEications and the layouts that the architect would not be con- cerned with. MOTION by Councilman Mittelstadt to authorize the purchase of the property at 6289 Highway #65 N.E. from James W. and Bernice E. Gibson for $66,400 cash; � also to authorize payment of '� of the pending assessments against the property in the amount o£ $332.65. He would also move to authorize the City Manager to commence proceedings for sale of the building to be moved off the site, and if unable to sell the building, to commence procedures far salvaging the building. Seconded by Councilman Sreider. Mayor Liebl asked i.f it would be possible to start building by August. The City Attorney said, if an archrtect is used, he could not say how long it would take to prepare his plans. Whether an architect is necessary is something the Council wa.11 have to determine. Councilman Utter said he could not see why the Engineering Department would not be capable of drawing these plans. He asked, how many arehitects are experienced at drawing plans £or liquor stores? Mayor Liebl said he would concur with the City Manager's recommendation to hire the consultant for $750, but he surely would not want to pay $2,000 -$3,000 in architects £ees. THE VOTE UPON THE MOTION, being a roll call vote, Liebl, Utter, Mittelstadt and Breider voting aye, Mayor Liebl declared the motion carried unanimously. AUTHORIZATION TO ENGAGE JOHN E. BERGSTE➢T, DISPLAY FIXTURES, INC. TO PERFORM CONSULTANT SERVICES ON THE LAYOUT OF A PROPO5ED LIQUOR STORE AT A FEE OF $750: Mayor Liebl said that the $750 figure would seem a reasonable price especially since Fridley is faced with a time element. He asked the Finance Director if � he would recommend this and he replied yes, he will provide blueprints and the layouts for the inside of the building. 6�(�.� �'. ! D J REGULAR COUNCIL MEETING OF JULY 10, 1972 PAGE 10 � MOTION by Councilman Mittelstadt to approve the proposal by Mr. John Bergstedt for the preparation of the layout of the liquor store, based upon their letter dated June 23, 1972, for a£ee of $750. Seconded by Councilman Breider. Councilman Utter said he could not see a planner coming in, laying out £loor plans, then having an architect coming in and trying to work around those plans. True, the City does have some equipment, but it may not be able to use it. The Finance Director said Mr. Sergstedt is familiar with the fixtures the Crty has in other stores. He did the layout in Holly and Store #2. Some of the preliminary work has already been done, such as the location of the building on the lot, the parking lot, etc. THE VOTE OPON THE MOTION, being a voice vote, Liebl, Mittelstadt and Breider voting aye, Utter voting nay, Mayor Liebl declared the motion carried. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 21, 1972 1. SPECIAL USE PERMIT SP #72-06, LARRY L. LUDFORD, CHAMPLIN PETROLEUM: To permit U-Haul rentals per City Code 45.101, Section E, 3-E-1 located on Lot 1 of Block 1, Fridley Industrial Park Plat 1 lying northeast of Highway #65 West Service Road. The City Engineer said this request is for a Special Use Permit to allow U-Haul rentals at the Champlin Station on 73rd Avenue and T.H. #65. This property was rezoned from industrial to commercial and part o£ the rezoning � proposal was to put in a gas station along with a small superette to accommodate people on picnics at Locke Park etc. Their request for the addition of the U-Hauls was denied by the Planning Comma.ssion_ MOTION by Councilman Mittelstadt to concur in denial of the request by Champlin Petroleum to add U-Haul rental trailers at their station. Seconded by Councilman IItter. Counciman Breider asked if the special use permrt granted £or U-Hauls on Osborne and East Rtver Road was ever put into effect. The City Engineer said no, the Council authorized the permit, but it was not used, he understood because of internal problems. It could still be used, if they requested it. Mayor Liebl said he has been against U-Hauls last year. and asked the City Attorney if the Council would be setting a precident, if this one was denied after granting the last? The City Attorney said that evesy request for a Special Use Permit must be considered on its own individual .factors. If the Council, based on the recommendata.ons o£ the Planning Commission, denied the request, they could incorporate the Pindings o£ the subcommittee as the fa.nda.ngs of the Council as a basis for denial. Mayor Liebl asked what kind of an operation Champlin Petroleum was running now The applicant replied it is a very clean business. Ily survey over the last 25 years, they have found that U-Haul users depend on seeing the equipment to come onto the lot to rent the umts. It is o£ the utmost importance that the station � be properly laid out and clean, and the equipment on display. He said they feel that every lot must be kept in £irst class condition. Mayor Liebl said that many people do use the U-Haul trailers, especially people in apartments. Fridley has many apartments and the people should be supplied with this service. These lots must be kept clean, neat and appealing to the �� � � b,� REGULAR COUNCIL MEETING OF JULY 10, 1972 PAGE 11 customers and the residents living in Fridley. He said he has received calls � the last few months from people inquiring where they could rent U-Haul trailers in Fridley. The applicant said, as to the station on East R�.ver Road and Osborne, within a week of the permit being approved, the owner moved, and since that time Gu1P has been rumm�g the station themselves. Councilman Breider said he felt that one or two locations such as this were necessary in the City. One has been granted, but not used. He asked i£ that one could be revoked. The City Attorney said if the Council wished to grant this request, it could be made subject to any screening, fencing, surfacing etc. requirements £elt necessasy. It could also be made sub�ect to the holders of the other special use permit at the other location agreeing that that one will be terminated if this one is granted. Councilman Breider said that the main concern with requests such as this is that the premises be kept up. The peoole that run this station do an excellent 7ob, he said he has never gone by there when it was messy. IP Fridley is going to have this type of business going in, then he felt this was the location it should be, as the operators seem very competent. Councilman Mittelstadt said that these comments are fine, if U-Haul would like to open a rental kausiness at some empty lot or building. He said he was against this type o£ operation on Osborne & East River Road. This is an ex- � cellent site and is the best kept station in the City of Fridley, and he would not want to see rental units going in there. THE VOTE UPON THE MOTION, being a roll call vote, L1eb1, Utter and Mittelstadt voting aye, Breider voting nay, Mayor Liebl declared the motion carried. The applicant explained that it is unrealistic to try to operate as a separate business, mostly because of safety. The trucks and trailers need constant care to keep them in good condition,and this can be done easily and e££iciently at gas stations. He said they would be willing to live up to any stipulations on a special use permit the Council would care to impose. Councilman Mittel- stadt suggested there 1s a building on Mississippi & East River Road that would be an excellent site. The equipment could be stored inside and it is currently £or sale. 2. SP i�72-07, CONSIDERATION OF A REQUEST TO EXTEND A SPECIAL USE PERMIT, REYNOLD SWANSON: To operatv_ a mobile home sales lot at 7151 T.H. #65 extending the special use permit granted July, 1969. Expiration date July 8, 1972. Mayor Liebl asked Mr.Swanson if he would be running his own business, and if he has been success£ul in getting a three year lease £rom Mr. Harstad (owner of the property). Mr. Swanson replied yes to both questions. Mr. Don Harstad brought the lease forward to present at the Council table. Mayor Liebl asked Mr. Swanson if he was willing to promise to run a good clean business and Mr. ' Swanson said yes, he has already started cleaning up by cutting some weeds and general cleanup of the lot. Mayor Liebl asked if he would be the only one working in this business and Mr. Swanson said yes, with possibly a part-time persan on the weekends. 4�1d' y ..J �7 � REGULAR COUNCIL MEETING OF JULY 10, 1972 PAGE 12 � Mr. Frank Berman, Attorney £or Castle Mobile Homes, said that Castle had a meeting with the City 4- 5 months ago and at that time it appeated Fridley took the position that the three year duration in which Castle occupied that lot was enough. The attitude at that time was that a moba.le home sales lot was not the highest and best use for the property and that they could not tolerate a mobile homes sales business on that piece of property. The landscaping and parking was deficient and there wa� no curb and gutter. The lot size would not tolerate the number of units necessary to allow the operation of a successful mobile home sales lot on a feasible basis. At that time it seemed that the City ot Fridley felt one lot was enough. The thoughi was to have a structure on that lot which would add to the economy and the tax base increased. In addition, during the tenure that Castle was on that 1ot, they experienced 7 break-ins due to insuf£icient lighting. Then the Crty of Fridley and Castle cooperated with the understanding that lot was not suitable for a mobile home sales lot, and Castle moved to a larger lot. Castle has put in blacktopping, landscaping, ete. and is to the general benefit of the residents in Fridley. With that development, Fridley took a step forward, i£ the present application is approved it would be taking a step backward. Mr. Berman continued, Castle made an investment of about $60,000. That invest- ment seems much less feasible, i£ a second srte a.s to be permitted. That invest- ment was made with the understanding the present site would not be used as a mobile home sales site. This is an unestablished firm, there would be virtually � no taxes other than what the property owner pays. It is the posa.tion of Castle Mobile Homes that this application is inappropriate and inconsistent with what the City of Fridley wished a short time ago and is not in line with the growing needs of the City of Fridley. Mayor Liebl said that the Council has already granted Castle Mobile Homes a special use permit when they moved to a bigger, better lot. Mr. Harstad has said that he has no immediate plans for his lot and is willing to rent the lot to Mr. Swanson for three years. He asked the City Attorney if the Council could grant this request without problems with Castle, since they are two of the same type of businesses located very close together. The City Attorney said yes, the Council has the authority to grant the permit £or three years. Mayor Liebl said that Mr. Harstad has been a tax payer £or a number of years in the City o£ Fridley and if Mr. Swanson promises to run a good clean business, it would pro- vide some competition, and also help Mr. Harstad with the taxes, rather than letting the lot sit idle. He added, if this request is approved, the Council would have to insist on lighting. Mr. Swanson said that he would be willinq to put in the lights. Councilman Breider asked what they would use for an o£fice. Mr_ Swanson said they would use a mobile home, that would sit on concrete blocks, it would be skirted and would have bathrooms and they would not be opposed to having it taxed as a permanent building. Councilman Mrttelstadt said that when Castle moved onto this lot, they appeared ' before the subcommittees and he believed there were some stipula�ions imposed. He thought they should be checked into as it would seem that they should apply to this permit also as it is considered an extension. There were some problems with Castle in their not abiding by those stipulations. Councilman Utter pointed out that Mr. Swanson was only working for Castle and could not be held responsible for any violations, he �ust took his orders. ,� _ < .;� � ��' REGULAR COUNCIL MEETING OF JULY 10, 1972 PAGE 13 MOTION by Councilman Utter to authoxize issuing a speclal use permlt to Mx. Reynold Swanson for a mobile home sales lot at 7151 T.H. #65 for a period of three years commencing .TUly lOth. Councilman Mittelstadt indicated he could not agree with this motion, there were stipulations on the original permit that should be looked into. Council- man Breider agreed and said that the City Engineer should report back on what those stipulations were, along with any suggested additions. In that case Mr. Swanson would need another temporary extension. MOTION WITHDRAWN by Councilman Utter. MOTION by Councilman Utter to grant an extension of the special use permit to Mr. Reynold Swanson for a mobile home sales lot at 7151 T.H. #65 for one week until the City Enga.neer can report on the stipulations on the original permit. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Mittelstadt to receive the Minutes o.f the Planning Com- mission Meeting of Sune 21, 1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL MEETING OF JUNE 29, 1972- Councilman Mittelstadt pointed out there were only two members present at the meeting, which does not constitute a quorum. Therefore, they could only study the plans, but could not make recommendations. Councilman Breider said that a building permit could not be held up because the subcommittee did not have a quorum. The City Attorney suggested that an absent member of the subcommittee could review the Minutes and concur with them. Mr. George Zeglen, a member of the Subcommiteee was in the audience and said he had reviewed the minutes and concurred in their findings. 1. CONSIDERATION OF A REQUEST TO CONSTRUCT AN INDUSTRIAL BUILDING ON LOT 1� BLOCK 4, COMMERCE PARK ADDITION, THE SAME BEING 7580 COMMERCE LANE N.E., FRIDLEY, MINNESOTA 55432. (REQUEST BY BALCO BUILDING SYSTEMS, 2809 WAYZATA BOULEVZiRD, MINNEAPOLIS. MINNESOTA 554021 fGA2DA MOVING COMPANY) The City Engineer said this building would be along Osborne Road in Commerce Park. The Subcommittee recommended approval with some stipulations. He said that he would like to add that there is an easement needed, they should under- stand there will be some additional utility costs and the ordinance requires that they screen their equipment. Councilman Breider asked where the entrance and exit are located. The City Engineer said the entrance is from Commerce Lane at the .s�utherly end of the lot, and they plan on eventually having one on Osborne Road also. Councilman Breider asked what the traffic situation would be. The City Engineer said they are a£urnrture moving company, so there would-be the big moving trucks. Mayor Liebl read the five stipulations aloud and asked Mr. Beckstrom if he con- curred and he replied yes. Councilman Breider asked where the trees would be planted. The City Engineer explained that with the right of way, the trees would actually be about 30 feet from the roadway, so there would be no problem with tra£fic visa.bility. � � � W�rP= , i y REGULAR WUNCIL MEETING OF JULY 10, 1972 PAGE 14 � MOTION by Councilman Breider to approve the permit for Gazda Moving Company sub7ect to the Subcommittee's stipulations, plus the provision they provide an easement, that they understand there will be additional utility costs and that they provide for screening their equipment according to the Code. Seconded by Councilman Mittelstadt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. 2. CONSIDERATION OF A REQUEST TO CONSTRUCT AN OFFICE BUILDING TO BE LOCATED ON PARCEL 6600� SECTION 12, THE SAME BEING 6970 CENTRAL AVENUE N.E., FRIDLEY, MINNESOTA 55432. (REQUEST BY LUND-MARTIN COMPANY, 3023 RANDOLPH N.E , MINNEAPOLIS, MINNESOTA 55418) (MEDTRONIC INC.) The City Engineer explained that Medtronic, Inc. plans on building a six story office and administrative building. They plan on building the first two stories now, and adding on the rest later. He showed the Council the elevation and layouts, and said that when the six story expansion is completed, they will need some parking ramps to take care of all the parking. He explained that building permits are not issued until all the mechanical, electrical etc. plans are in. In this case the plans could be appxoved and the building permit would be issued when they get all their plans in. They have requested a foundation permit in the meantime so that they can get started with the grousid work and pilings. MOTION by Councilman Mittelstadt to approve the total plan for Medtronic, Inc. � office and administration building, and authorize issuance of a£oundation permit. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. 3. WNSIDERATION OF A REQUEST TO CONSTRUCT A BUILDING SUPPLIES BUILDING MART TO BE LOCATED ON LOT l� BLOCK 4, GUNDERSON T�RRACE ADDITION, THE SAMF BEING 7421 CENTRAL AVENUE N.E., FRI➢LEY MINLdESOTA. (REQUEST BY KIEMELE- CRISPIN CORPORATION, 6520 OAKLEY STREET N.E., FRIDLEY, MINENSOTA 55432): MOTION by Councilman Utter to approve the plans for a building supplies mart requested by Kiemele-Crispen subject to the Subcommittee's stipulations. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. 4. CONSIDERATION OF A REQUEST TO CONSTRUCT AN ADDITION ONTO AN EXISTING COMNLERCIAL BUILDING LOCATED ON THE NORTH 95 FEET OF LOTS 14 & 15, BROOK- VIEW ADDITION, THE SAME BEING 6875 HIGHWAY #65 N.E., FRIDLEY, MINNESOTA. (REQUEST BY MRS• CAROLYN MINDER, 6875 HIGHWAY #65, FRIDLEY, MINNESOTA) (SUBURBAN ENGINEERING): MOTION by Councilman Tltter to approve the plans for the addition for Suburban Engineering sul�7ect to their planting the trees as noted on the plot plan and that the exterior o£ the addition con£orm to the exterior of the existing building. Sewnded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously � ti/y, �i 4i � { y REGULAR WUNCIL NIEETING OF JULY 10, 1972 PAGE 15 5. CONSIDERATION OF A REQUESS TO CONSTRUCT AN A➢DITION ONTO AN EXISTING � COMMERCIAL BUILDING LOCATED ON THAT PART OF THE W�i OF N.E. � OF S.W.� OF SECTION 14, AND THAT PART OF THE REE5 ADDITION TO FRIDLEY PARK AND VACATED ALLEYS IN SAID SUBDIVI5ION DESCRIBED AS FOLLOWS: BEGTNNING AT A POINT ON THE N. LINE OF SAID W� OF NE� OF SWa DISTANT 30' W. OF NE CORNER THEREOF; TI3ENCE 5. AND PARIaLLEL WITH E. LINE THEREOF A DISTANCE OF 194' MORE OR LESS TO THL S. LINE OF LOT l, BLOCK-2, REES ADDITION TO FRIDLEY PARK, SAID POINT BEING THE S. CORNER OF LOT l; THENCE W. ALONG THE S. LINE OE SAID LOT 1 AND 22, A DISTANCE OF 179.3'; THENCE N. AND PARl1LLEL WITH E. LINE OF SAID N. LINE, THENCE E. TO THE POINT OF BEGINI�iING: SUBJECT TO EASEMENT OF THE N. 33' THEREOF; FOR ROAD PURPOSES ACCORDING TD U.S. GOVERNMENT SURVEY. TfIE SAME BEING 370 MISSISSIPPI STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY BRUNKOW MUSIC, 370 MISSISSIPPI STREET N.E., FRIDLEY, MINNESOTA): The City Engineer explained this request was for an addition onto their existing building. Mr. Brunkow £eels that it would be impossible £or him to put in the additional parking at the same time as the rest of the construction work is beinq done, so the Subcommittee suggested that he post a performance bond for the blacktopping and curbing for a�wo year period, so that he would have until the spring of 1974 to complete the site improvements, and Mr. Brunkow has agreed to this. Councilman Utter said that he has been to Ssunkow's and the parking situation is terrible. He thought the cars were parking on the easement now. He said � this building is quite old, and asked how the rest of the builda.ng was as far as meeting the Codes, such as the electrical wiring etc. The City Engineer explained that the Code requirement is that an existing building has to be brought up to Code only if the addition is more than 50% of the cost of the original building. What he is proposing would be an improvement. Mr. Brunkow did not feel he could afford to make all the improvements in one construction year, this is why the performance bond was suggested. There would be 20 parking spaces when completed. MOTION by Councilman Breider to approve the plans for the addition to Brunkow Music, sub7ect to the stipulations imposed by the Subcommittee. Seconded by Councilman IItter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Mittelstadt to receive the Minutes of the Building Standards Design Control Meeting of June 29, 1972. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF JUNE 27� 1972. l. A REQUEST FDR A VARIANCE OF SECTION 45.053, 4B, FRIDLEY CITY CODE, TO REDUCE TIIE SIDE YARD REQUIREMENT AD.TOINING LIVING AREA FROM 10 FEET TO 5.2 F�ET TO ALLOW THE CONVERSION OF A SINGLE ATTACHED GARAGE TO LIVING AREA, LOCATED ON LOT 11, BLOCK 5, BONNY ADDITION, THE SAME BEING 5900 � 7TH STREET N.E.� FRIDLEY� MINNESOTA. (REQUEST BY MR. GUSTAVE FJETLAND� 5900 7TH STREET N.E., ERIDLEY, MINNESOTA): The City Engineer reported the Board of Appeals recommended denial. Council- man Sxeider said he understood from the minutes that there was 10 feet between the nea.ghbor's bedroom windows and the existing garage they want to convert. �' � , Ly�/ °; u a •� REGULAR COUNCIL MEETING OF JULY 10, 1972 The City Engineer said yes, and showed the plans at the Council table. PAGE 16 Mr. R. Landry, 5908 7th Street, said they live next door and their bedrooms are next to the garage they want to convert They already use the garage as living area. He said they have had trouble with these people, they have late parties and there are five cars parked around the house. MOTION by Councilman Mittelstadt to concur in the denial of the request for a variance by Mr. F7etland. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. Mr. Landry said he wanted to go on record as stating that he is being harrassed because of ha.s ob7ection to this proposal. Mayor Llebl said that everyone must try to get along with their neighbors, but if Mr. Landry feels the F7etlands are creating a nuisance, he is free to file a formal complaint. Councilman Mittelstadt added that Mr. Landry's comments to the Board of Appeals are also a matter of record, they are oontained in the minutes and will be officially received by the Council, 2. A REQUEST FOR A VARIANCE OF SECTION 56.04, 2B, FRIDLEY SIGN ORDINANCE, TO INCREASE THE MAXIMUM AREA OF AN ADVERTISING SIGN FROM 300 SQUARE FEET TO 700 5QUARE FEET TO ALLOW THE ER�CTION OF TWO FOURTEEN FOOT BY FIFTY FOOT ILLUMINATED PAINT BULLETIN5 TO BE LOCATED ON THE BURLINGTON NORTHERN RIGHT OF WAY PROPERTY, GENERALLY LOCATED ON THE SDUTHW.CST CORNER OF T-H. #694 AND THE BURLINGTON NORTHERN RAILROAD TRACKS, THE SAME BEING 52 100 N.E., FRIDLEY� MINNESOTA. (REQUEST BY NAEGELE OUTDOOR NG COMPANY, 1700 WEST 78TH STRE�T, RICHFIELD, MINNESOTA): The City Engineer said the location of this proposal is 7ust west of the tracks next to the bridge south of I. 694. Midland Cooperatives ob�ected to the signs, and the Board oP Appeals recommended denial, they feel there are al- ready too many signs along the freeway. They would be like the other bill- boards along the freeway. Mayor Liebl asked if Fridley got any taxes from these billboards. The City Engineer replied that the Crty gets a license fee for the signs. MOTION by Councilman Utter to concur with the Board of Appeals in the denial of the request for a variance by Naegele Outdoor Advertising Company. Seconded by Councilman Ereider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. The City Engineer reported that Item #3 (a variance requested by Mr. Bruce Kothman) was tabled by the Board. MOTION by Councilman Breider to receive the Minutes of the Board of Appeals Meeting of June 27, 1972. Seconded by Councilman Utter. Upon a wice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RECEIVING TAE MINUTES OF THE BOARD OF APPEALS MEETING OF 3ULY 5, 1972: 1. A REQUEST FOR A VARIANCE OF SECTION 45.053, 4B, FRIDLEY CITY CODE, TO REDUCE THE SIDE YARD SETBACK ADJOINING LIVING AREA FROM 10 FEET TO 5 FEET TO ALLOW THE CONSTRUCTION OF A 14 FOOT BY 22 FOOT ADDITTON TO THE BACK OF A NON-CONFORMING DWELLING LOCATED ON LOTS 3D & 31, BLOCK 2, SPRING BROOK PARK ADDITION, THE SAME BEING 386 LONGFELLOW STREET N.E., FRIDLEY� MINNESOTA. (REQUEST BY BRUCE KOTHMAN, 3S6 LONGFELLOW STREET N.E.). ����� REGULAR COUNCIL ME�TING OF JULY 10, 1972 PAGE 17 MOTION by Councilman Mittelstadt to concur with the Board of Appeals in the approval of the variance requested by Mr. Kothman, sub7ect to the provision that the addition will aonform to all the necessary fire protection reqmre- ments on the south and west walls. Seconded by Councilman Utter. Upon a voice vote, all ayes, �layor Liebl declared the motion carried unanunously. The City Engineer reported Item #2 (a variance requested by Mr. Robert Tichey) was tabled by the Board. 3. A REQUEST FOR A VARIANCE OF SECTION 45.053, 4A, FRIDLEY CITY CODE, TO REDUCE TAE MINIMUM FRONT Y�1RD SETBACIt FROM 35 FEET TO 31 FEET TO ALLOW THE CON- STRUCTION OF AN ATTACHED GARAGE ON LOT 5, BLOCK 2, EVA ERICKSON RIVER MANOR ADDITION, THE SAME BEING 158 63� WAY N.E.� FRIDLEY� MINNESOTA. (REQUEST BY MR. DOUGLAS FRISBEE, 158 63�i WAY N.E., FRIDLEY, MINNESOTA): MOTION by Councilman Mittelstadt to concur in the denial of the request for a variance by Mr. Douglas Frisbee. Seconded by Councilman Breider, Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Mittelstadt to receive the Minutes of the Board of Appeals �leeting of July 5, 1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RECESS Mayor Liebl declared a recess at 10 25 P.M. The Meeting reconvened at 10:50 P.M. RECEIVING BIDS AND AWARDING CONTRACT FOR STREET IMPROVEMENT PROJECT ST. 1972-10 (SEALCOATING): The City Engineer explained that due to the Holiday, the notice did not get published, so the bid opening will be next Monday. MDTION by Councilman Breider to table this item to July 17, 1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, the motion carried unanimously. CONSIDERATION OF EXTENDING COMPLETION REPAIR DATE OF WELL #5 TO JULY 8, 1972 AND WELL #6 TO JULY 19� 1972 FOR LAYNE MINNESOTA COMPANY• MOTION by Councilman Utter to approve the above extensions. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF SETTING A DATE TO CONSIDER A PROGRESS REPORT ON THE CODIFICATION OF CITY ORDINANCE5 BY CITY ATTORNEY'S OFFICE: The City Attorney said this was an important matter involving many ordinances and that he hoped the Council could set aside a couple hours for study. A£ter some discussion, the City Council decided on August l, 1972 at 7:00 P.M. MOTION by Councilman Mittelstadt to set August l, 1972 at 7:00 P.M. as a study session to work on the codification of the Code Book. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. �� � � 1 ��, �` � 3 REGULAR COUNCIL MEETING OF JULY 10, 1972 PAGE 18 � CONSIDERATION OF APPROVAL OF FIRE ➢EPARTMENT PAYROLL FROM DECEMBER 13, 1971 THROUGH JUNE 19, 1972: MOTION by Councilman Mittelstadt to approve the Fire Department payroll as pre- sented from December 13, 1971 through June 19, 1972. Seconded by Councilman Breider. Upon a voice vote, all ayes, �layor Liebl declared the motion carried unanimously. C�NSIDERATIDN OE SETTING TAE DATE OF Z�UGUST 14 AT 7:30 P.M. FOR SLIDE SHOW ON NATURE CENTERS AND TRAILS: MOTION by Councilman Mittelstadt to set the date of August 14, 1972 at 7:30 P.M. for the showing of a slide show on nature centers and trails by the League o£ Women Voters. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OE REQUEST TO WAIVE FEE OF $50 FOR BURNTNG PERMIT REQUEST BY INDEPENDENT SCHOOL DISTRICT #14: MOTION by Councilman Utter to approve the burning permit £or School District #14 and waive the $50 fee. 5econded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RESOLUTION #78-1972 - A RESOLUTION REQUESTING THE SENSOR DISTRICT �TUDGE OF THE � ANOKA COUNTY DISTRICT COURT TO APPOINT A CHARTER COMMISSION: The City Attorney in£ormed the Council that the Senior District .7udge is from Isanti County, so he would not know many Fridley people. It was agreed by the Council to have a list o£ suggested names for the Judge to consider in two weeks time. MOTION by Councilman Mittelstadt to adopt Resolution #78-1972. Seconded by Councilman Breider. IIpon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RESOLUTION #79-1972 - A RESOLUTION AUTHORIZING THE FORMATION OF A TASK FORCE TO STODY THE AREA AROUND THE NORTATOWN SHOPPING CENTER: MOTION by Councilman iKittelstadt to adopt Resolution �r79-1972. Seconded by Councilman Utter. Upon a voa.ce vote, all ayes, Mayor Liebl declared the motion carried unanimously. RESOLUTION #80-1972 - A RESOLUTION ESTABLISHING WORKING CONDITIONS, WA6ES AND HOURS FOR EMPLDYEES OE THE CITY OF FRIDLEY EIRE DEPARTMENT (FULL-TIME FIREMEN): MOTION by Councilman Utter to adopt Resolution #80-1972. Seconded Uy Councilman Breider. Upon a voa.ce vote, all ayes, Mayor Liebl declared the motion carried unanimously. , RESOLUTION #81-1972 - A RESOLUTION APPROVING AGREEMENT BETWEEN CITY OF FRIDLEY AND VILLAGE OF NEW BRIGHTON REGARDING CONNECTION AND SERVICE CHARGES BY CITY OF FRIDLEY TO NEW BRTGHTON PROPERTIES CONNECTING TO FRIDLEY MUNICIPAL WATER AND SEG7ER SYSTEM MOTION by Councilman Mittelstadt to adopt Resolution #81-1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, the Motion carried unanimously. �q ia REGULAR COUNCIL MEETING OF JULY 10, 1972 RESOLUTION #82-1972 - A RESOLUTION APPROVING THE ALIGNMENT AND GRA➢ES OF COUNTY-STATE HIGHWAY #1 (EAST RIVER ROAD) WITHIN THE CITY OF FRIDLEY: PAGE 19 The Council asked where the median would be in East River Road and the City Engineer presented the plans at the Council table and said the median would be from 64th Way to Rice Creek Way. There followed a discussion while looking at the plans centering on access for those people that would be handicapped by the median. MOTION L-y Councilman Breider to adopt Resolution ,�82-1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Breider to authorize the City Engineer to communicate to the County. Fridley's concern with the access o£ the few driveways between Mississippi Way and Rice Creek, north of Hirsh's apartments, which will be hampered by the median, and for the City Engineer to work with the County Engineer to provide a solution. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF CHANGE ORDER #l� STREET IMPROVEMENT PROJECT ST. 1972-1 AND ST. 1972-2 fMSAS): MOTION by Councilman Mittelstadt to approve Change Order #1, Street Improve- ment Pro7ect St. 1972-1 and St. 1972-2 in the amount oF $22,989.13. Seconded by Councilman Utter £or discussion. Councilman Utter said the repair of Lynde Drive is mentioned, but what about the repair work needed on Polk Street. The City Engineer explained that is included in the wording "Lynde Drive Area", so Polk Street will be repaired also. THE VOSE UPON THE MOTION, being a voice vote, all ayes, Mayox Liebl declared the motion carried unanimously. CLAIMS: MOTION by Councilman Mittelstadt to approve payment of General Claims #28773 through #28972 and Liquor Claims #6780 through #6816. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. LICENSES: Multiple Dwellings Name Wm.L. Zaier, Jr 6556 Central Ave. Fridley, Minn. Wm.L. Zaier, Jr. Address 6550 Central Ave 5761 2nd St. Units Fee 4 $10.00 Approved By Fire Prevention 4 $10.00 Fire Prevention � �1 I � 1 r � REGULAR CQUNCIL MEETING QF SULY 1Q, 1972 LICENSES CONTINUED: Blacktopping United Asphalt Co., Inc. 331 Coon Rapids Boulevard Coon Rapids, Minnesota General Contractor Commercial Erectors, Inc. 5298 F111more Street N.E. Fridley, Minnesota Rutledge Construction Co. 1409 7th Street South Hopkins, Minnesota Style-Rite Builders Inc. 4517 Minnetonka Boulevard Minneapolis, Minnesota Heating Nielsen Sheet Metal, Inc. 395 27th Avenue N.E. Minneapola.s, Minnesota Pul�lic Drinking Club 47 6061 University Ave. Rolaert E. Snyder Casino Royale Inc. 6219 Hwy. 65 Casino Royale, Inc. Fireside Rice Bowl, Inc. 1160 Fireside Drive Glenn Wong Maple Lanes 6310 Hwy. 65 Fridley Rec. & Ser. Co. Private Bottle Club Knights of Columbus & North Air Home Assn. 6831 Hwy. 65 North Air Home Assn. By: Gary Anderson By: Mike O'Bannon By• Thomas Rutledge By. Harlan Schrader By: William Nielsen Approved By Health Insp. Police Health Insp. Police Health Insp. Police Health Insp. Police Health Insp Approved By Bldg. Insp Bldg. Insp. Bldg. Insp. Bldg. Insp. Plbg. Insp. Fee $ 100.00 100.00 100.00 100.00 200.00 PAGE 20 � r� � ��� REGULAR COUNCIL MEETING OF JULY 10, 1972 PAGE 21 LICEN5E5 CONTINUED: ' Service Station Approved By Fee Mike's Gulf Service Station 7315 Hwy. 65 Bldg. Insp. Michael Ammend Fire Insp. $ 30.00 Sinclair Station 6290 Hwy. 65 Bldg. Insp. Arnold Midtaune Fire Insp. 30.00 Cigarette Golden V Chicken 5871 Universrty Ave. Hest Service Vending Police 12.�0 Fridley A & W 7429 East River Rd. Donald P. Tarasar Police 12.00 Garbage Kersten Truck Service ' 2045 Bronson Drive Health Insp. Howard S. Kersten Police 55.00 Food Establishment Fridley A & W 7429 East lttver Road Donald P, Tarasar Health Insp. 25.00 Solicitor's Fridley Elementary Soccer Team 5810 Sth St. Saun B. Salay Police MOTION by Councilman Breider to approve the licenses as submitted. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. ESTIMATES: Layne Minnesota Company 3147 California Street N.E. Minneapolis, Minnesota 55418 � PARTIAL Estimate #1 for construction work on Water Improve- ment Pro7ect #108 $ 11,930.49 ' � � REGULAR COUNCIL MEETING OF JULY 10, 1972 Suburban Engineering Inc. 6875 Highway #65 N.E. Minneapolis, Minnesota 55432 PARTIAL Estimate #16 for additional stakzng in Innsbruck North from May 24, 1972 thru Sune 19, 1972 PARTIAL Estimate #17 Inspection time through 6-16-72 for construction o£ utilities in Innsbruck North Pro�ect #103 Nodland Associates, Inc. Alexandria, 4linnesota 55308 PARTIAL Estimate #5 for construction work on Sanitary Sewer, Storm Sewer and Watermain Improvement Project #102 Austin P. Keller Construct�.on Co. 481 Front Avenue St. Paul, Minnesota 55117 PARTIAL Estimate #2 for construction work on Sanitary Sewer, Water and Storm Sewer Improvement Project #106 '�`� �,4 PAGE 22 $ 2,384.25 $ 955.28 $ 119,594.30 $ 32,495.22 MOTION by Councilman Mittelstadt to authorize payment of the estimates as submitted. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously MEMORANDUM FROM CITY ATTORNEY REGARDING CLASS ACTION AGAINST WHOLESALE DISTRIBUTORS: Mayor Liebl read the memorandum aloud dated July 10, 1972 from the City Attorney, and asked what would be the bene£its to the City of Fridley if we participated. The City Attorney explained that the charge is being made that the wholesale liquor distri.l�utors in Minnesota have been engaged in collusion to fix prices. He said he had no knowledge how hkely the suit is to succeed, but the City has bought a large volume o£ liquor over the past six years, so there could be a good sized rebate if the suit is successPul. If the Crty authorizes partici- pation, he will make the axrangements, and the Crty would not be incurring any obligation. MOTION by Councilman Mrttelstadt to authorize participation in a class action on behalf of municipalities engaged in municipal liquor operation against the wholesale liquor distributors in the State of Minnesota. The suit is being handled by the law £irm of Mastor and Mattson. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. COMMUNICATIONS: LOCKE LAKE IMPROVEMENT ASSOCIATION• DEBRIS AIDD SILTING, LOCKE LAKE: Mayor Liebl said he agreed the lake should be cleaned up by the trestle. Councilman Utter asked who controls the level of the lake, sometimes it is . �, , �����, REGULAR COUNCIL NLEETING OF JULY 10, 1972 PAGE 23 high and sometimes low. Councilman Mittelstadt said the Association controls the level and asked how it could be cleaned up. The City Engineer said that all along water bodies, you get debris that drifts in, logs, etc. There is some debris along the park property, the question is if the City would want to go beyond the boundaries of the City property? He then showed pictures before and after the last cleanup. P4ayor Liebl asked if some employees were designated to do the cleanup, could they get it done in '� day? The City Engineer said there was no question, it could be done, the only question was that he thought the people wanted something done beyond the City property. Councilman Utter saa.d, as to the problem of the motorcycles riding on the railroad right of way, they ride up and down the hill and have made deep gullies and the dirt washes down into the creek. The City Engineer said he has discussed this with the Police Department. His thought was that there should be some designated place for riding motorcycles the same as for snow- mobiles. The damage is not that serious. As to the culvert the Metro Sewer Board put in, he has written a letter asking for rip-rap, but these are independent governmental bodies that the Crty has no control over, and rt is difficult to get anything done. MOTION by Councilman Utter to receive the communication from the Locke Lake Improvement Association and instruct the Crty Administration to provide some employees to clean up the City property along the creek and the lake. The motion was seconded and upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. GEORGE M. HANSEN CDMPANY: REVIEW OF ANNU.AL REPORT REQUESTED: MOTION by Councilman Mittelstadt to review the annual report at the study session August 1, 1972 at 7:00 P.M. Seconded by Councilman IItter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. MINNESOTA POLLUSION CONTROL AGENCY: PERMIT FOR CONSTRUCTION OF SANITARY SEWER EXTENSION: MOTION by Councilman Mittelstadt to receive the communication from the Minnesota Pollution Control Agency dated June 20, 1972. Seconded by Council- man Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RISCHMILLER & WASCHE. NOTICE DF CLAIM AGAINST CITY: MOTION by Councilman Breider to receive the notice of claim from Rischmiller & Wasche dated July 3, 1972 concerning the decedent, Kirk Kolski. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. PUBLIC WORKS AND PARK DEPARTMENT MAINTENANCE PERSONNELc APPRECIATION FOR COUNCIL OPTION HOLIDAY. MOTION by Councilman Mittelstadt to receive the thank you memo dated July 5, 1972 £or the Council option holiday July 3, 1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. ' ' � `:' � � REGULAR COUNCIL MEETING OF JULY 10, 1972 PAGE 24 ' MRS. ESTER SNOW: REQUEST PERMISSI4N TO HAVL' COMPANY PUT NEW SCREEN ON BOTTOM OF WELL: (6619 Channel Road N.E.) The City Engineer explained that there is a water system available and the policy is to encourage hooking up to the municipal supply. Permits are not issued indiscriminately for repair of wells, especially when there is a water line available. She explains her extenuating circumstances in her letter, so it is the Council prerogative if they wish to allow this repair work. MOTION by Councilman Mittelstadt to waive the requirement for hooking up tothe municipal water system and allow the repair work on her well, with the under- standing this is the last time repair work will be allowed. Seconded by Council- man Utter Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. MRS. ARTHUR YOUNG, 5807 3RD STREET: REQIIEST FOR STOP SIGN ON 58TH AND 3RD STREET AND REDUCTION OF SPEED LIMIT FROM 30 MPH: MOTION by Councilman Mittelstadt to receive the letter from Mrs. Arthur Young dated Suly 7, 1972. Seconded by Councilman Utter Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Mittelstadt to direct the Administration to look into her request for a stop sign on the corner of 58th Avenue and 3rd Street, and ' also her request £or a reduction in speed from 30 MPH. Seconded by Council- man Utter. IIpon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. DISCOSSION WITH POLICE UNION LOCAL #149 AND FRIDLEY POLICE PENSION ASSOCIATION: Mayor Liebl said that he had contacted a member o£ the negotiating committee and the Vice President of the Police Pension Association to ask them to be present at the Council Meeting for discussion. The Council is in receipt of a memo from the City Manager on the progress o£ the negotiations to date, along with a copy of a letter sent to Mr. Kenneth Wilkinson, President of the Pension Association asking for their cooperation. Officer Wilkinson has replied by letter that they will negotiate the pension benefits in 1973. This must be done soon so that if necessary a special bill could be presented to the Legis- lature. He asked if they would be willing to sit down with the City Manager to negotiate a pension benefit reducing the employers share of the financing to 210 of base salary. Officer Huss, Vice President oP the Fridley Police Pension Association, replied this is what the letter indicated. Officer Groinus, Union 5teward, added that they would be perfectly willing to do any negotiating providing the pension has nothing to do with wages. Mayor Liebl commented that whatever solution is reached, the money actually comes from the same City coffers. He said he would be willing to volunteer, if the Council agrees, to negotiate with the City Staff to try to reach a solution fiscally sound that would be fair to all employees. He said he surely did not like to have a contract hanging so long, this should be ready by the first of � the year. MOTION by Counca.lman Mittelstadt that the approved base rate of $975 £or three year senior patrolmen, be accepted as of July lst, and that the back pay to the first of the year be paid to the Policemen Uased on that figure, with the checks to be issued no later than July 14th. Seconded by Councilman Utter. �}�, , G J% REGULAR COUNCIL MEETING OF JULY 10, 1972 PAGE 25 The Acting City Manager, Marvin Brunsell, said he did not think this should be ' done until after the wntract is signed. Councilman Mittelstadt said that the wages and the pension are two separate issues and this is the reason for his motion. The Acting City Manager asked iP the Pension Association has committed itself to negotiating down to the 21% base salary. Officer Huss said yes, but they still contend the pension must be a separate item and that they did not want what happened this year to continue happening every year. Mayor Liebl said that he did not want to hold a club over their heads, but he did not want the Police Department to hold a club over the City's either. Councilman Breider said that the wages are only a part of the contract. He said as to the disagreement with the pension it seems the only change that would have to be made is to change the Pension Association's wording from "The Fridley Police Pension Association agree5 that it will negotiate pension benefits in 1973" to "The Fridley Police Pension Association agrees that it will negotiate pension benefits for the 1973 contract." Officer Groinus said that this is not really like a private business. The pension is covered by State law and any changes have to be made according to State law. Councilman Breider said that when wages increase, so does the percentage for the pension benefits. Officer Groinus said that when they negotiated with Homer Ankrum, Former City Manager, he asked them, on a separate basis, i£ the men would pay 60 of their salary rather than 4a to settle the contract. Now they � find that this is being held over their heads as a club and they cannot get their wages. The ionger this goes on, the more angry the men become. He said the Policemen are not out to break the City, when this started out no one reala.zed how it would snowball. He said they were willing to negotiate, but they did not like to be threatened. �layor Liebl said the Police Pension Association has agreed to negotiate the pension for 1973, and if they will agree, he Will agree. He said the Department needs more men and the Council will have to consider this closely next year. The City continues to grow, there are more people and more assessed valuation to patrol. He said he felt an apology was in order and it was not the City's in- tention to hold this over their heads. When you get down to it, the money for any fringe bene£its and the wages all come from the same coffers. Ae added he would like to see a two year contract. Councilman Hxeider said the contract should be signecl this week, then the checks could be issued Friday. He said there were many facets to consider in settling the contract, but the only thing talked about now is wages. There are such things as the uniform allowance, and Officer Groinus added the question oP the top step £or dispatchers and including the wording in the contract that the dispatchers will get overtime pay for overta.me work. This is not mentioned in the body of the contract. There is also the question of payment for college credits and/or longevity to settle. Mayor Liebl thought the motion should state they would receive their back pay ' a£ter the contract is signed, and Councilman Mittelstadt was asked if he would like to change his motion and Councilman Mittelstadt replied no, and added he would like to have the contract signed by July 12th. Officer Groinus asked what would happen if a man was hired that had no college at all, and he would not get longevity either? A man with some college would collect from day one, but a man earning longevity would have to wait. � � 1 e���� ^) ,/. (�i P�' REGULAR COUNCIL MEETING OF JULY 10� 1972 PAGE 26 Mayor Liebl said he has been very patient waiting for a settlement for 7 months, and that he did not want to take this in his hands, but there has ±o be an end to this haggling. Somebody is not negotiating in good faith, everyone knows there is only so much money to give. He said he has negotiated many contracts, and if he has to sit down in the negotiations, there will be no more haggling, and everyone must think positively. This should not be done in Su1y - August, it should have been done by the £irst of the year. Officer Huss said that the hold-up was the pension, they were told they would not get anything until they agreed on the pension benefits. Mayor Liebl said that now that they have given the City the assurance they will negotiate the pension "for the 1973 contract" rather than "in 1973", he thought the other areas could be resolved. The City Attorney suggested that for the purposes of settlement, perhaps the question of college credits/longevity could be held status quo for 1972 and be taken up £or the 1973 contract. Councilman Mittelstadt asked that the Mayor call for the question. THE VOTE UPON THE MOTION, being a roll call vote, Utter, Mittelstadt and Liebl voting aye, Breider voting nay, Mayor Liebl declared the motion carried. Councilman Breider said he would like to comment on his nay vote. This is the first time we have settled a wntract without a contract: He could not see how the back wages could be paid without a contract. Mayor Liebl said there would be a contract after July 12th. Councilman Sreider asked how the Finance Director was supposed to figure their back pay when the college credits/ longevity question is not settled. Councilman Mittelstadt said he would agree with the suggestion that that questicr�� remain status quo ,for 1972 and be taken up for 1973. The Acting City Manager asked, if the contract is not signed, is he to issue the checks regardless? Councilman Mittelstadt said that was his motion. Officer Groinus asked if the Pension Associatzon and the Union would agree to the suggested word change, would the City sign the contract? The Council replied yes. Officers Groinus and Huss indicated that would be agreeable to them. ADJOURNMENT: MOTION by Councilman Mittelstadt to ad7ourn the Meeting. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously and the Regular Council Meeting of .7uly 10, 1972 adjourned at 12:00 Midnight. Respectfully submitted, s�,�e� y�� Secretary to the City Council �f ••- �Q /'�"D.L1� � � '�.o Frank G. Lie Mayor �''y_i �� THE MINUTES OF THE SPECIAL PUSLIC HEARING MEETING OF JULY 17, 1972 , The Special Puhlic Hearing Meeting of the Fridley City Council was convened at 7:30 P.M., Suly 17, 1972. PLEDGE OF ALLEGIANCE_ Mayor Liebl led the Council and the audience in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Breider, Liebl, Utter, Mittelstadt MEMBERS ABSENT: None ADOPTION OF AGENDA_ Mayor Liebl said there were two items to add to the Agenda Under Old Business, A Resolution Authorizing the Sale of Certain Surplus Property, and under New Business, Receiving the Minutes of the Building Standards - Design Control Subcommittee Meeting of July 13, 1972. MOTION by Councilman Mittelstadt to adopt the Agenda as amended. Seconded by ' Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. PUBLIC HEARING ON A REZONING REQUEST BY THE WALL CORPORATION, BY DENN25 MADDEN ZOA #72-03 TO REZONE FROM R-1 TO R-3 THE AREA GENERALLY LOCATED ON STH STREET TO 7TH STREET FROM MISSISSIPPI STREET TO 63RD AVENUE N.E.: Mayor Liebl read the public hearing nata.ce aloud and the City Engineer showed the location of the request on the overhead projector. Mayor Liebl asked the Wall Corporation if they would like to make their presentation before the comments are heard from the audience. Mr. Richard Schwartz, Architect for the Wall Corporation, showed a plot plan on the easel and pointed out the location of the townhouses along 7th Street and the apartments which would be along Sth Street. There are 63 townhouses on the east and north sides and 105 multiple units in two buildings on the west side of the site. Access for the townhouse portion is from three entrances off 7th Street, with their own vehicular tra£fic pattern within theix pro�ect for their internal flow of traffic. The access for the multiple portion of the pro7ect is from the Sth Street side, one at the south end, one at 64th Avenue and one at the entrance �to City Hall parking lot. The density for the multiple portion is 16, and for the townhouse area, 6.2. The townhouses taill be 2- 3 bedroom homes and will be owner occupied. There is a play area , included in the plan for the townhouse portion of the pro7ect. There are parking spaces for 318 cars, some of that being garages. At the south end of the site there is a ponding area provided for the storm water that would flow onto the site. This would be a permanent pond and would have a rock base. The pond itself is based on a five year flood frequency, with a fifty year frequency p_ovidec for. He then showed the 50 year frequency line and said that would probably be yrass.