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10/16/1972 - 00017088� ThE MINUTES OF THE REGULAR & PUBLIC HEARING M�ETING OF OCTOBER 16, 1972 The Combined Regular and Public Hearing Meeting of the Fridley City Council was convened at 7 35 P,M., October 16, 1972. PLEDGE DF ALLEGIANCE: Mayor Liebl led the Council and rthe audience in saying the Pledge of A1legiance t� the F1ag. INVOCATION: Father Ed Chmielewski offered the Invocation. ROLL CALL: MEMBERS PRESENT; Liebl, Utter, Mittelstadt, Breider MEMSERS ABSENT None SENTATION OF CERTIFICATES OF APPRECIATION: Fridley Industrial Development Commission Mrs. Jacqueline Johnson , Mayor Liebl read the Certificate of Appreciation aloud and as she was not present to accept the award, Mayor Liebl asked Lhat the City Manager see that Mrs. Johnson receives it. Environmental Qualitv Commission Mr. Winston Jacobson Mayor Lieb1 read the Certificate aloud, and presented it to Mr. Jacobson with the Council's appreciation for all his work. CATV Advisory C�mmrttee Father Ed Chmielewski Mrs. Barbara Hughes Mr. Tom Myhra Mr Dean Caldwell Mr John Haines Mayor Liebl called the Commrttee forward and read one of the Certificates aloud. All were present with the exception of Mrs. Barbara Hughes. Mayor Liebl asked that the City Manager see that Mrs Hughes receives her award, and presented the rest to the Committee members with the Council's thank you for all their efforts throughthe summer. , � S � - ,, �,� s; REGULAR � PUBLIC HEARING MEETING OF OCTOBER 16, 1972 PAGE 2 ADOPTION OF THE MINUTES OF THE REGULAR COUNCIL MEETING OF SEPTEMBER 25,1972; ' MOTION by Councilman Mittelstadt to adopt the Mznutes of the Regular Council Meeting of September 25, 1972 as presented. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Liebl said that the following items were to be added to the Agenda: A Resoution Recertifying the Special Assessments in the Hickory Street Area - St. 1970-1. Food Establishment and 3.2 Beer Licenses for Big B's Pizza. Memo Regarding New Brighton Request for Acquisition of an Interceptor Sewer Line A Resolution Advertising for Bids - Work.men's Compensatzon Insurance. MOTION by Councilman Breider to adopt the Agenda as amended. Seconded by Councilman Utter. Upon a vmce vote, all ayes, Mayor Liebl declared the motion carried unanimously. VISITORS: Mr. Peter Brooks - Fireside R�ce Bowl: , Mr. Peter Brooks came forward and presented plans for the Fireside Rice Sowl at the Council table and said that they needed a waiver of the State require- ment for a wheelchair ramp up to their front door. It was explained that because of the way the building is built, the ramp would have to be 28' - 30' long. The Community Development Administrator said that the small change to the Pront would only be about $200, but they are approaching 50% of the assessor's new evaluation. MOTION by Councilman Breider to waive the requirement of the installation o.f the ramp due to the fact that the ramp would have to be close to 30 feet long and this would be a case of practical difficulty and unnecessary hardship, Seconded by Councilman Mrttelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. PRESENTATION: AN ORIENTATION OF THE LOCAL GOVERNMENT INFORMATION SYSTEMS (LOGIS The City Manager introduced Mr. Ted Willard, former Brooklyn Center Council- man and Executive Secretary of LOGIS Mr. Willard has been working with 10 cities and two other governmental jurisdictions on government in.formation systems, He felt that the Council has not had a thorough explanation, and he would like to bring them up to date since Fridley has executed a �oint ' powers agreement and is a member of LOGIS. Mr. Willard gave about a 20 minute presentation with the aid of some prepared material he used on the easel. It is a computer-based system which allows the cities the speed of a computer without yielding its autonomy. � REGULAR & PUBLIC HEARING MEETING OF OCTOBER 16, 1972 PAGE 3 Councilman Breider asked if this would be like an I.B M. card which would be sent to the data processing center, and a mass of information would come back. Mr. Willard said no, it would be more of a series of report systems, such as insurance accounts, accounting reports, budget reports, staff reporting time. Every person could use a time card to show how his time is being allocated. Counci].man Mittelstadt said that he was involved with soft-ware development himself and he would think that the $236,000 was too high a cost. He said there are many businesses in the Metro area that have alot of computer ex- pertise and he advised that they not be overlooked. Mr. Willard said that he believed that every computer and soft-ware manufacturer in the country has contacted them. Mayor Liebl thanked Mr. Willard for his presentation and explaining the computer concept to the Council. PUSLIC HEARING OIQ A FINAL PLAT, P.S. #72-04, SWANSON TERRACE, BY MP.S. FLORENCE SWANSON, GENERALLY LOCATED SOUTH OF IRONTDN STREET AND WEST OF ASHTON AVENUE: MOTION by Councilman Mittelstadt to waive the reading of a publ,c hearing notice Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. The City Engineer showed the location on the screen and said that this plat � would consist of 5 lots. There is a narmw strip of property zoned industrial and there is a letter from the applicant requesting a rezoning of this strip back to residential also. It was brought out that the two northern lots - would have access on�o Ironton Street and the other three lots onto the cul-de- sac on Hugo Street. Mayor Liebl asked where the utilrties were and the City Engineer said that there are utilities on three sides of Lhese lots, so there is no problem, it would just depend on which location was the mosC economical. MOTION by Councilman Mittelstadt to close the public hearing on the .final plat P•S• #72-04, Swanson Texrace. Seconded by Councilman Breider. Opon a voice vote, all ayes, Mayor Liebl decla�ed the hearing closed at 8 34 P.M. MOTION by Councilman Mittelstadt to approve the final plat, Swanson Terrace with the stipulation that Lots 1& 2, each be 80 feet and the M-1 strip of land be rezoned back to R-1 Seconded by Councilman Otter. Opon a voice vote, all ayes, Mayor Liebl declared the motion carrled unanimously. PUBLIC HEARING ON A FINAL PLAT P.S. #72-05, MEADOW RON ADDITION, BY FIVE SANDS INC.. GENERALLY LOCATED SOUTH DF 79TH WAY_ FAST OF F:AST RTVER ROAD_ WEST DF MOTION by Councilman t3reider to waive the reading of the public hearing notice. Seconded by Councilman Utter. Opon a voice vote, all ayes, Mayor Lieb1 declared the motion carried unanimously � The City Engineer showed the location on the ovexhead pro�ector and said there were five buildings in this complex The request is to divide it into four _ parcels because of their financing. The plat was presented to the City L-wo years ago and at that time t}�e Planning Commission and Council fel't that they should get their buildings up before approval of the plat. The Planning Commission recommended approval with the stipulation that the easemenL along �_"�� REGULAR & PUBLIC HEARING MEETING OF OCTOBER 16, 1972 PAGE 4 the south boundary line of the plat may have to be enlarged. He would also ' like to make sure there are proper easements for each parcel for access onto 79th Way. Councilman Mittelstadt said that there have been some complaints from the pro- perty owners directly to the north. The cars parking in the lot face north towards these peoples' homes and the lights shine into their houses. They do not like this inconvenience, and when the builders were before the Council for approval, the Council had asked that a berm be built along 79th Way to eliminate this annoyance. This specification has not been met on the easterly z of the project, and he would like to get a shield of natural growth or a fence to keep out the car lights. Mr. Richard Fudali, Five Sands, Inc., said that the plans show a 5' berm and 3/4 of th� block is done with a berm in excess of 5'. The only complaint he has had has been from Mr. Winston Jacobson. Across from his house the berm is less than 5'. He said he has planted 10 Russion Olives here a couple o.f weeks ago. Originally a suggestion for a fence was made, but he understood that Mr. Jacobson objected to that beeause it would cause a snow build-up in his yard. He said he stands ready to complete the project as specified, this section is still under construction. Mayor Lieb1 said that he would like to see some trees planted. Mr. Fudali said that he has planted over 50 trees in the last few weeks. Mayor Lieb1 asked if he was willing to comply with the stipulations for the drainage , easement as specified by the Planning Commission. Mr. Fudali said he was aware of the drainage easement on the fifth site, and he has been working on the plat for an entire drainage plan. He said he would grant any drainage easement on the fifth site that will not affect his plans as previously approved. He said he did not believe any •lrainage easement required by the City could affect any of his buildings. He added he has not started aon- struction on the fifth building as yet, he plans to start in March or April. There are 3 buildings 100o complete, one 95% complete and the recreation building will be occupied within the next 30 days. Mayor Liebl commented that he was very pleased with the recreational building. Mr. Winston Jacobson said one week ago he surveyed the berm and on the east side it runs from 0' to 2z' in height. Now that it has been completed to this point, grass put on top and trees planted, he did not feel the possibility was too great that it would be raised any more. He said that every time a car pulls into the parking lot, the head lights glare into his house. This is the reason he has been so concerned with the berm. Since the berm is so low, the people have been running over it with their cars. He said he would not object to a temporary fence because of the problem there will be with snowmobiles also running over the berm all along this property. Snow fencing certainly is not attractive to look at, but it would control the problem through the winter anyhow. He said he did ob�ect to a fence being extended across the whole property, but he would be receptive to a minimum 3' high redwood basket weave fence, This would be acceptable as it would probably � be more economical than trying to build up the berm higher. He said he would like to see this done soon so he did not have to look at the lights all winter long. > ,-. i � REGULAR & PUBLIC HEARING MEETING OF OCTOBER 16, 1972 PAGE 5 Mayor Liebl said that Mr. Fudali has stated he would be willing to put in a 5' berm and where necessary to plant trees and shrubs to act as a buffer between this pro�ect and the neighbors. This, he felt, would be better than a fence. If the berm were made 5' in the area where t9r. Jacobson is complaining of, then trees and shrubs planted on top, that would be most helpful. Mr. Fudali said he would agree with Mayor Liebl, he would find a berm with plantings more pleasing than fencing. He would rather use natural materials. He said he would agree with Mr. Jacobson, he needs a higher berm in that one corner. This is the only corner with this problem, as there are about 60 garages built along 79th Way. MOTION by Councilman Mrttelstadt to close the public hearing on the final p1at, Meadow Run Addition. Seconded by Councilman Breider. OPon a voice vote, all ayes, Mayor Liebl declared the hearing closed at 5:50 P.1�1. MOTION by Councilman Mittelstadt to approve the final plat P.S. �#72-05, Meadow Run Addition, with the stipulation that the hard shell will noL- be signed until an agreement is reached on all easements necessary. Seconded by Councilman ❑tter, []pon a voice vote, a11 ayes, Mayor Liebl declared the motion carried unanimously. POBLIC HEARING ON REZONING RE( Y ST ZOA #72-10 SY ROBERT SCHROER TO REZONE FROM OSBORNE ROAD AND WEST OF T.H.#�47. � MOTION by Councilman Mittelstadt to waive the reading of the public hearing notice. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor _ Liebl declared the motion carried unanimously The City Engineer showed the area on the overhead pro�ector and said that this involves a rezoning from heavy industrial to C-2S. The Planni}�g Commission reviewed the request and recommended all the lots be rezoned to C-2S with the exception of Lot 1, II1ock 1, which is the loopback, and ±hey felt that island should be C-2. The property directly to the south is C-2S and the westerly z would remain industrial. Mr. Robert Schroer came forward and presented a 3-D model of the proposed development, and said that it was felt that the land would be more marketable if rezoned to commercial. Two lots have been sold and are under ronstruction, a third is under negotiation, and is about to be closed. One of the commercial buyers did not want to be next to an industrial area. Right now they have been taking out the peat and putting in sand. Councilman Mittelstadt said that this reque�t makes sense because of the North- town influence. It would seem to him that this area should go commercial rather than industrial, and once this area is mzoned, it should be developed rapidly. Mayor Liebl agreed the frontage land should be commercial, but along the ditch further back, it should remain industrial. He asked if the new developments � would be with the Western motif. Mr. Schroer replied that they had tried to, but it just did not work out. Mayor Liebl said that as this land fronts on T.H. r'�,47, that the Council must stress the importance of a nice appearance, and that the new development should be attractive. Mr Schroer said yes, the City Engineer has emphasized the need for green areas. r} (�� a� LS REGULAR & PUBLIC HEARING MEETING OF OCTOBER 16, 1972 PAGE 6 Councilman Mittelstadt asked if Mr Schroer agreed with the isiand being C-2 � and Mr. Sch-roer replied yes. Councilman Breider said that he noted in the Planning Commission Minutes, that a pancake house was mentioned, and asked if the other lots would be utilized as eating establishments also, Mr. Schroer replied no, he has had an inquiry from a theatre. MOTION by Councilman Mittelstadt to close the public hearing on the rezoning request ZOA ,�72-10 by Robert Schroer. Seconded by Councilman Breider. Upon a voice vote, al1 ayes, Mayor Liebl declared the hearing closed at 9:07 PM. Mr Schroer asked if the Council could pass the first reading of the rezoning Ordinance. The City Engineer said this could be done, with any changes made, if necessary, before the second reading. He said that he understood there have been some commitments rnade, and the Council will not be meeting again until November. He added that he has stressed to Mr. Schroer that the City would like better upkeep of this property since it is along T.H. #�+7• MOTION by Councilman Breider to approve the rezoning ordinance on first reading and waive the reading, the rezoning to be Lots 1& 2, and the nor'th 230 teet of Lot 3, Block 2 to be rezoned to C-25 and Lot 1, Block 1 to be rezoned to C-2. Seconded by Councilman Mittelstadt. Upon a ro11 ca11 vote, Breider, Liebl, Utter and Mittelstadt voting aye, Mayor Liebl declared the motion carried unanimously. INFORMAL PUBLIC HEARING ON MATTER OF FLOOD PLAIN INSURANCE• , The City Manager said that about two months ago, as the result ot some in- quirzes, the City AdministraLion began pursuing the matter of flood plain insurance. Several months ago there was a meeting with the Corps of Engineers, Crty Council and the residents. The Corps of Engineers have performed a study and designated the areas in Fridley that are to be considered flood plains. He askecl that the City Engineer show the area on the overhead pro- �ector and said that these are the areas that are considered potential flood areas, they must be considered together, for the purposes of rezoning. One area cannot be rezoned to flood plain without the other. One is in the Riverview Heights region and the otYier is along Rice Creek. Previously flood insurance was unavailable, now it has become available only through a federally subsidized program, It is a matter of whether the home owners want the insurance or not. If it is decided to follow up on the program, the first step is a formal public hearing, as the first step is to rezone those areas 3esignated by the Corps as flood plain. The Rice Creek area only involves one home, the rest constitutes back yards, etc The major residential are� is in Riverview Heights. He pointed out that even wath the federal subsidy, the insurance is quite expensive. The requirements in construction in an area designated as flood plain are very stract, and would, for all practical purposes, preclude any more building. All the requirements for constructzon are to minimize damage from flooding. He said he had visited an area in the East Coast that was flooded this summer and the homes were totally gutted. They had to be stripped from the inside out and many are still ' living in mobile homes because they cannot afford the repairs to their homes. There are advantages and disadvantages on both sides of the scale, and the question should be weighed very carefully. s_ � � REGULAR & PUBLIC HEARING MEETING OF OCTOBER 16, 1972 P2GE 7 � Mayor Liebl said that it seems that the consLruction would be restricted very much, but even so, it could be a help to those people in Riverview heights, but would it not hurt others� He asked if Fridley could not rezone Riverview Heights and not the Rice Creek area� The City Engineer said this must be made very clear: Al1 flood plain areas designated by the Corps must be rezoned before there could be any subsidy from the Federal Government. The Rice Creek area has only one house, the rest of the area is slope down to the creek, but it could affect the value of their p�operty. The City Attorney asked if the area along Rice Creek is not already quite developed. The City Engineer said yes, there would be very little effect, they would not be building along the creek anyhow, it is mostly just backyards. It would just mean that a portion of a persons' lot would be in a zlood plain zone. Mr. R.H. Klingbeil, 8199 Riverview Terrace, said that there is an area in Anoka that can get flood plain insurance. Mayor Liebl pointed out that if the Council adopts this zoning, then there could be no further building and the Council could not give out any building permits, unless the plans met the Federal requirements. Mr. Klingbeil said that it would seem that it would be better to stop building in such areas anyhow, instead of letting people build, then get flooded out. Councilman Sreider pointed out that this would also cover future expansions on homes already there, they would have to meet the Federal requirements which are very stringent, and it would be very expensive. , The City Engineer added that another problem the people may have is in financing if the area is zoned to flood plain. The insurance, however, would protect the investment the people already have in the�r homes. A member of the audience said that rt is not too conceivable that anyone would want to make any improvements in this area. The City Engineer said that the Citq has recezved a number of requests from people wanting to add onto L-heir homes. The question was raised how many towns in the State of Minn.esota have flood plain insurance and the City Manager said he thought there were about 30, most of which were adopted in 1970-71. A lady in the audience said that if a person was trying to sell their house an.d could tell a prospective buyer that they were eligible for flood insurance, she would think that would be an advantage, rather than to hamper the sale Financing is difficult now. The Crty Manager commented that the governmental bodies in Pennsylvania where the severe flooding was last summer were criticized for not taking these steps to provide flood insurance, but it was felt there was no danger from a severe flood. Now they are open to criticism in retrospect Mayor Liebl asked if this would not affect their valuation and they would pay less taxes. The Crty Manager said that this is taken into cons,deration now in the flood prone areas. Councilman Breider pointed out that notices were sent out to the people in Riverview Heights and it was also covered in the Newsletter, yet there are only six people in attendance at the meeting tonight. Councilman Mittelstadt asked � if it was possible to have a formal public hearing December 11th. The lady in the audience asked if it could not be put on the Agenda earlier, as she thought that ihe reason that there were not more people present, is that the meetings get so late and the people have to go to work the next day. Mayor Liebl pointed out that it would also have to go before the Planning Commission as it is a rezoning ordinance. Councalman Breider suggested that perhaps ehe 7.4� Q REGULAR & PUBLIC HEARING MEETING OF OCTDBER 16, 1972 PAGE 8 people could circulate a petrtion,either for or against, to aid the Council ' �n ascertaining the peoples` wishes. The City Attorney suggested that *he engineering report be reprinted and sent out. Unless the people have some advance notice of the effects, both good and bad, it would be difficult for them to express an opinion. It would be helpful for them to have a synopsis of- the advantages and disadvantages sent to them before the formal public hearing, if the Council desires to hold one. MOTION by Councilman Mrttelstadt to alose the informal public hearing on the question of flood plain rezoning and the insurance program. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. Councilman Mittelstadt suggested that to save time the hearing could be before the Planning Commission and the Council both on the same night. Both hearings would be opened, then closed, then the Council would wait for the Planning Commission's recommendation before they take action. MOTION by Councilman Mittelstadt to set the public hearing for the flood plain rezoning insurance program for December 11, 1972 at 7:30 P.M., in con7unction with the Planning Commission and invite the Department of Natural Resources and HU➢ to the Meeting. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. ORDINANCE #521 - AN ORDINANCE ADOPTING THE SUDGET FOR FISCAL YEAR 1973: ' MOTION by Councilman Breider to adopt Ordinance �521 on second reading, waive the reading and order publication. Seconded by Councilman Mittelstadt. Upon a roll call vote, Utter, Mittelstadt, Breider and Liebl voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #�124-1972 - AUTHORIZING AND DIRECTING THE RECERTIFICATION OF THE STORM SEWER PORTION OF THE ST. 1970-1 STREET IMPROVF,MFNT PROJECT (HICKORY MOTION by Councilman Sreider to adopt Resolution �124-1972. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. CONSTDERATION OF APPROVING FINAL PLANS FOR MUNICIPAL LIQUOR STORE AND ADVERTISING FOR BIDS: Mr. Roger Patch, Architect, came forward with the plans and said that the proposal is to call for bids on November 9th. He showed the plans or the easel and said that the area around the building would be sodded and land- scaped. There are two poles with lights and there will be security lights on the back of the building. Provisions have been made for wheelchair traffic, both inside and out. The plans have not been changed since presented pre- viously. He said that 2/3 oi the building is in display area, counting the cooler. There are two alternates in the bidding, one is brick on the rear of � the buildYng and the other is the paving the parking lot and concrete cu�bing. The thought was, to expedite the paving, to add it onto an existing street contract so it could be done before the frost sets in,but if it does not get done, it would still be provided for as an alternate. �� REGULAR & PUBLIC HEARING MEETZNG OF OCTOBER 16, 1972 PAGE 9 � Councilman Breider asked if, from where the Manager sits, he can see the display area and the stock room. Mr. Patch said he could see the display area and could see the stock room only through the open door, however, the stock room would be locked and no one could get in. If there is a delivery, someone would be in the stockroom with the man making the delivery, Council- man Utter asked about the lights on the back of the building. He did not want' them reflecting out into the neighboring houses Mr. Patch said they would be shining down, they could be a problem, but Lhey are needed for security. l�ayor Liebl asked how much this building will cost, and Mr. Patch replied that the estimate has not changed, they are still wrthin the estimate given. If the plans are approved tonight, the final plans will be ready Wednesday. Mayor Liebl commented that he would like to be in the building and selling before the end of the year. MOTION by Councilman Utter to approve the final plans as presented tonight by Patch, Erickson, Madson & Hanson, Inc. Seconded by Councilman MitelstadL. The City Manager asked what was to be done about the paving. The City Engineer explained that he has already gotten a quoted price from a conL-ractor that has an existing contract with the City, and he has promised to do the work, providing the weather holds. At any rate, the Council should ]rnow before the bid opening. He said his department should be authorized to add the work onto an existing contract so it can be done if the weather cooperates. � THE VOTE UPON THE MOTION, being a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously -� MOTION by Councilman Sreider to advertise for bids for the construction of the municipal liquor store, with the bids to be opened November 9, 1972 at 11 30 AM. Se wnded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Breider to direct the City Administration to add the concrete work onto an existing contract to be done providing the weather stays nice. Seconded by Councilman Mittelstadt. Upon a voice vote� all ayes, Mayor Liebl declared the motion carried unanimously. RECEIVIN� THE MINUTES OF THE PLANNING COMMISSION M�ETING OF OCTOBER 4, 1972 REQUEST FOR A SPECIAL OSE PERMIT, SP #72-12 EY BLAINE rONSTRUCTION INC.. To build a home for the handicapped on Lot 16, Auditor's Subdivision �10, per City Code 45.051, 2, F. The City Engineer said that this proposal is for a home for retarded handicapped adults. The request has been discussed by the Planning Commission on three occasions to make certain the neighborhood thoroughly understood the plans. Councilman Utter said that he thought that somebody had to be living in a home to be granted a special use permit. The City �ngineer said no, it is granted � on a piece of property, and in this case the structure is not built yet. It would appear to De a large house. Councilman Utter said that he had been to a Planning Commission Meeting and has also xeceived a number of ca11s. There was a request to rezone this lot from R-1 to R-2 a short time ago and the Council refused Lhe request. The applicant � �d .�, � ��� REGULAR & PUBLIC HEARING MEETING OI' OCTOBER 1�, 1972 PAGE 10 at that time wanted to build a double bungalow. Now, some of the people � are not in favor of this proposal either, the couple living next door are very disturbed He said he could not see why the Planning Commission tabled this three times when there was a 1ot of objections and then decided to approve it. He said this structure would be a lot larger than a double bungalow. He thought this would require a rezoning as it would be in the same catagory as hosprtals and nursing homes. The City Engineer explained that there is a provision in the ordinance covering R-1 for nursing homes, clinics, hospitals, nurseries, churches, etc, up to 100 units and is under the control oF the Council through a special use permit process. Mayor Liebl said this is on 69th � Central - what is the surrounding zoning? The City Engineer said that there is industrial to the west and north, directly to the east is R-1 and further to the east is multiple. Just to the south is R-1, then City property. This 1ot is located on Central Avenue which is a county road and 69th Avenue, a City street. Mayor Liebl asked if the petitioner was present, with no response. MOTION by Councilman Otter to table this item. Seconded by Councilman Mittelstadt. The City Attorney suggested that notices be sent out to both the petitioner and the surrounding property owners notifying them that this item will again be on the Agenda Novemher 6th. He added that the Council shouldmake specific findings if the request for a special use permit is denied. If the ordinance � says that such a use is permissible with a special use permit, then it is denied, the Council has to have a good reason for denial, or the courts may turn the findings over. THE VOTE OPON THE MOTION, being a voice vote, all ayes, Mayor Lieb1 declared the motion carried unanimously, REQOEST FOR A SPECIAL IISE PERMIT, SP #72-13, BY GORDON G. SWENSON• To construct a building to be used for repair shop, specializing in brakes under City Code 45,101, B, 3 D, at 1010 Osborne Road. MOTION by Councilman Breider to approve the request for a special use permit by Gordon Swenson. Seconded by Councilman Mittels'tadt. Upon a voice vote, a11 ayes, Mayor Liebl declared the motion carried unanimously. REQUEST FOR A SPECIAL USE PERMIT, SP #72-14, BY ERNEST M. HARPER. To construct a second garage to house one car � boat on Lot 2, Block 1, Rice Creek Plaza North l�ddition per Code 45.051, 2, A MOTION by Councilman Otter to approve the request by Ernest M. Harper. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. , REQULST FOR PERMISSION TO PUT A FENCE ACROSS AN EASEMENT BY ROSERT AMBORN: ' Easement next to Lot 1, B1ock 4, City View Addition. The Crty Engineer explained that M�. Amborn wanted to put a fence across the publsc easement. There is a possibilrty of vaca'ting this easement, but it could be found to be needed in the future. The City Attorney said that he could C� , �I REGOLAR & PUBLIC HEARING MEETING DF OCT�BER 16, 1972 PAGE 11 not see any problem with allowing the fence providing that he understands that the easement could be needed in the future, and in that event, he would be responsible for moving the fence and the costs involved. A1lowing the fence would be better than vacating, then finding that the easement is needed at some future date. MOTION by Councilman Breider to allow Mr. Amborn to construct the fence pro- viding that the City retains the right to use the easement if needed, and if utilities need repair, Mr. Amborn will remove and repair the fence at his expense. Seconded by Councilman Mittelstadt. Upon a voice vote, a11 aya_s, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Breider to receive the Minutes of the Planning Commission Meeting of October 4, 1972. Seconded by Councilman Otter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL MEETING OF OCTOBER 5, 1972. CONSIDERATION OF A FRIDLEY, MINNESOTA. AVENUE NE., FRIDLEY ST TO CONSTRUCT A MUNICIPAL LIQUOR STORE ON LOT THE EAST 35 FEET THAREOFc ALT� IN RLOCK 2. ION, THt�' SAME BF11NG 6289 HIG HY THE CITY OF FRI➢LEY. 5431 MOTION by Q�uncilman Breider to concur with 'the recommendation of the Building Standards - Design Control and approve the plans for the municipal liquor store, subject to their stipulations. Seconded by Councilman Utter, Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Breider to receive the Minutes of the Duilding Standards Design Control Meeting of October 5, 1972 Seconded by Councilman t�littelstadt Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. CONSIDERATION QF REPORT ON PHASING OUT OF LONG�VITY PAY FOR NON-ONION PERSONtQEL: The City Manager said that the City has had longevity pay for non-unlon personnel,and some of the union personnel. This is an unnecessary cost for retention of employees and his suggestion was to phase out this program on all employees hired after this date, with no effect on existing employees. As far as the unions are concerned, this is a negotiable item. MOTION by Councilman Breider to concur with the recommendation of the City Manager outl.ined in his memo dated October 13, 1972 to phase out this program, wi�h the understanding that this does not affect existing non- union personnel. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unar_imously CONSIDERATION OF CHANGE ORDER #4 - SW&SS PROJECT �#102 MOTION by Councilman Mittelstadt to approve Change Order #4 for SW&SS #102 in the amount of Deduct $1,030.00. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously ��a� y h !3_ Li REGULAR & PUBLIC HEARING MEETING OF OCTOBER 16, 1972 RECESVING PETITION #19-1972 - DRTVE FROM MATTERHORN DRIVE T BLACKTOP SURFACING OF NORTH INNSBRUCK PAGE 12 MOAION by Councilman Mittelstadt to receive Petition #19-1972. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. Mr. Richard Peterson, 5554 Waldeck Crossing, said that he is a resident in this area and the petition stated their concern. They are what amounts ta an island, with no mazl service as the Post Office refuses to go into the area because of their policy of not entering where there is no surfaced roadway, and the same applies to the school buses. They wi11 not provide trans- portation to their children because there is no surfaced roadway. He said they were also concerned that they will have no fire and police pro- tection. Iie said thank you to the Administration who has explaaned the pro- blem with the contractor. He asked if there was any date the Council could give them, as the frost is very near. �e City Engineer said that their major goal for the last month and a half has been to get that work completed. There has been a disagreement between the City, the Contractor, and the Consulting Engineers, and the agreement reached is to proceed with the work at all costs, then settle their dif- ferences through arbitration after the work is done. The paving cannot be done until the work on the utilities is completed. Mr. Peterson asked what was the status of the fire and police protection. The City Manager replied that Innsbruck North is a part of the City of Fridley and there are other streets in the City that are not paved. If the streets are not paved before the frost comes, then the vehicles will have to get there over unpaved streets. The water lines are in operation in case of �ire. Mr. Peterson said thank you, that was their main concern. The other, not as important, but still bothersome, is the unpaved streets wi11 be qui'te a mess in the spring. He would also certainly like to get mail and school bus service into the area. The City Engineer said that their emergency vehicles could get to the area, even under adverse conditions. Councilman B�eider added that the vehicles are bought under the premise that a11 the streets in the City are as yet not paved. Mrs. Lindstrom said that they have to drive their children to school every day. It is over 3/4 mile and the bus driver will not even consider coming in. She said that they have talked to the people at the school, but to no avail. The City Attorney said that he did not understand the problem, both school buses and mail trucks go on unpaved streets in the City, The Council asked that the Crty Manager write letters to both the Post Office and the School Board of District #13 explaining the problem, and requesting service for the residents. APPOINTMENT Name O�ficer Sames F Sprungman Position Effective Date Salary Replaces Sergeant OctoUer 17, 1972 $1035 per New position month � � � � � REGULAR & PUBLIC HEARING MEETING OF OCTOBER 16, 1972 PAGE 13 MOTION by Councilman Utter to concur in the appointment oP Officer Sames Sprungman to the position of Sergeant. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. DECISION ON COUNCIL MEETING DATES. IF ANY. IN OCTOBER• The Councll decided that there was no need to schedule any special Council meetings during the remainder of October. The next Council meeting will be the regularly scheduled Meeting of November 6, 1972 CLAIMS: MOTION by Councilman Breider to approve payment of General Claims #29825 through #29444 and Liquor Claims �7G90 through �7144 Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. LICENSES. Multiple Dwellings Owner Wm. � Donna Zaier 6723 0-rerton Dr. Fridley, Minn. 55432 Address 6550 Central Ave. NE Same 5761 2nd St. P1E Michael Chamberlain 191 592 Way 307 Washburn Ave. D1o. Minneapolis, Minn. 55405 Five Sands Development 7845 East River Rd. 7895 East River Rd Fridley, Minn. 55432 Same 7825 East River Rd Masonry H.C. Wager Company, Inc. 5940 Stinson Boulevard N.E. Fridley, 1�7innesota Food Establishment By H.C. Wager Units Fee Approved By 4 10.00 Fire Prev. Bureau Big B's Inc. � Osborne � Oniversity Ave. By: Robert Johnson 0£f-Sale Beer Big B's Pizza Osborne & Universrty Ave 4 12 By P.obert Johnson 59 59 10.00 Fire Prev. Bureau 12.00 Fire Prev. Bureau 59.00 Fire Prev. Bureau 59 00 Fire Prev. Sureau Building Inspector 25 00 Health Sanitarian (prorated) (sub�ect to final inspection7 15.00 J;_ �'i �'^ ;. I1 1 �J REGULAR & PUSLIC HEARING MEETING OF OCTOBER 16, 1972 PAGE 14 MOTION by Councilman Breider to approve the license as submitted, with Big B's Pizza sub7ect to the final approval of the Health Sanitarian. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. ESTIMATES: Suburban Bngineering, 6875 Highway #65 Minneapolis, Minnesota Inc. 55432 PARTIAL Estimate �20 for Inspection Time through 9-16-72 for utility construction on Irinsbruck North Project #103 Comstock & Davis, Inc. Consulting Engineers 1446 County Road "J" Minneapolis, Minnesota 55432 For the furnishing of resident inspection and resident supervision for the staking out of the following construction work: Sanitary Sewer, Water and Storm Sewer Improvement Project #106 from September 4 through September 30, 1972 PARTIAL Estimate #6 Sanitary Sewer, Water & Storm Sewer Improvement Pro7ect {�105-1 from September 4 thru September 30, 1972 PARTIAL Estimate #8 Sanitary Sewer, Water & Storm Sewer Improvement Project #102 from August 28 thru September 30, 1972. PARTIAL Estimate #9 Dunkley Surfacing Company, Inc. 3756 Grand Street Minneapolis, Minnesota 55421 PARTIAL Estimate #9 - Sanitary Sewer, Water Main & Storm Sewer Pro�ect #103 - Innsbruck North Weaver, Talle & Herrick 316 East Main Street Anoka, Minnesota 55303 Billing Dated October 13, 1972 $ 288.75 � 69.04 � 13.09 4,D83.66 14,646.00 2,241.40 MOTION by Councilman Breider to approve payment of the estimates as submitted. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. � � � �-� � REGULAR & POBLIC HEARING MEETING OF OCTOBER 16, 1972 CONSIDERATION OF LAWSUIT - PAGE 15 A TRANSFER RAILWAY COMPANY VERSOS CITY OF INLD IN COMMUNICATION FROM SOHN F FOR THE RAiLWAY COMPANY: The Crty Attorney said that this actually involves two lawsuits and is con- cerned with the condemnation of land for the Ice Arena and City Garage. The owner of the property appealed the condemnation award There was also a law- suit concerning the levying of special assessments, which the Minnesota Transfer Railway Company appealed and won. The stipulations for settling the lawsuits are outlined in the letter from Sohn F. Dablow dated October 3, 1972. He said he would recommend concurring wrth the settlement, and if the Council agrees, he will need authorization to sign the settlement on behalf of the City. MOTION by Councilman Utter to authorize the City Attorney to sign the settle- ment with Minnesota Txansfer Railway Company on behalf of the City, as outlined in the communication from Mr. Dablow. Seconded by Councilman Mrttelstadt Upon a wice vote, a11 ayes, Mayor Liebl declared the motion carried unanimously. MEMO FROM CITY MANAGER. REGAR,DIPiG NEW HRTGHTON REQOEST FOF. ACQUISITI�N OF AN INTERCEPTOR SEWER LINE. MOTION by Councilman Mittelstadt to receive the commuraication from the City � Manager dated October 16, 1972 and put on the Agenda for October 17, 1972. Seconded by Councilman IItter. Upon a voice vote, al1 ayes, Mayor Liebl declared the motion carried unanimously. RESOLUTTON #125-1972 - AUTHORIZING f1DVERTISING FOR BIDS - WORKMEN'S COM- PENSATION INSURANCE: MOTION by Councilman Sreider to adopt Resolution #125-1972. Seconded by Councilman Mittelstadi. Upon a voice vote, al1 ayes, Mayox Liebl declared the motion carried unanimously. COMMUNICATIONS. CITY OF SRDOKLYN PAAK• RESOLOTION SUPPORIING NORTH SEARCH AREA & ORGING METRO COUNCIL ADOPTZON OF THE PROPOSED AIRPORTS POLICY PLAN INTD THE IflT10N by Councilman Mittelstadt to receive the resolution from Brooklyn Park numbered 1972-219. Seconded by Councilman Bxeider. Upon a voice vote, a-11 ayes, Mayor Liebl declared the motion carried unanimously CITY QF BROQKLYN PARK: RESOLUTION REGARDING P�NALTIES ON TAXES• MOTSON by Councilman Breider to receive the resolution from Brooklyn Park � numbered 1972-126 adopted Sune 12, 1972. Seconded by Councilman Mittelstadt Upon a voice vote, all ayes, Mayor Lieb1 declared the motion carried unanimously. v ��kC� REGULAR & PUBLIC HEARING MEETING OF OCTOBER 16,1972 ADJOURNMENT. PAGE 16 MOTION by Councilman Mittelstadt to ad�ourn the Meeting. Seconded by Councilman Utter. Opon a voice vote, all ayes, Mayor Lieb1 declared the Combined Regular & Public Hearing Meeting of October 16, 1972 adjourned at 11 00 P.M, R ectfully submitted, � �-���.a ��4�/'�Jr�� uel A. Mercer Secretary to the Crty Council l��..� • � Frank G. Liebl Mayor u � �