Loading...
12/18/1972 - 00016942fl � r} � � I L� THE MINUT�S OF THE REGULAR COUNCIL MEETING OF DECEMBER 18, 1972 The Regular Council Meeting of the Pridley City Council was called to order at � 7:45 P.M., December 18, 1972, by Mayor Lieb1. PLEDGE OE ALLEGIANCE Mayor Liebl Led the Council and the audience in saying the Pledge of Allegiance to the Flag. INVOCATION: The Invocation was offered by Councilman Mittelstadt ROLL CALL: MEMBERS PRESLNT: Mittelstadt, Breider, Starwalt, Leibl, Utter MEMBERS ABSENT: None PRES�NTATION• PRESENTATION OF A SNOWMOBILE TO THE FRIDLEY POLICE DEPARTMENT BY THE FRTDLEY ANNETS CLUB, LARRY CONAAD, PRESIDENT, AND THE FRIDLEY LIONS CLUB, DON BONA, PRESIDP�NT• Both Mr. Larry Conrad, Fridley Amvets Club President, and Mr. Don Bona, Fridley Lions C1ub President, were present to pxesent the snowmobile to the � Pridley Police ➢epartment. They stated the snowmobiLe was in use at that time so they were unabLe to show it to the Council and audience. They said they intended the snowmobile to aid the police Department in their task of police protection and public safety. Mayar Liebl accepted the gift on behaLf of the citizens of Fridley, the Administration and the City Council, and thanked the Fridley Amvets Club and the Fridley Lions C1ub for their generous gift to aid in the protection of the City of Fridley residents, APPROVAL OF THE MINUTES OF THE REGULAR COUNCIL MEETING OP NOVEMBER 20, 1972 MOTION by Councilman Breider to adopt the Minutes of the Regular Council Meeting of November 20, 1972. Seconded by Councilman Starwalt. IIpon a voice vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously. APPROVAL OF THE MINUTES OF_THE SPECIAL COUNCIL MEETING OF NOVEMBER 27. 1972• MOTION by Councilman Mittelstadt to adopt the minutes of the Special Meeting of November 27, 1972. Seconded by Councilman Utter. Upon a voice vote, a11 voting aye, Mayor Lieb1 decLared the motion carried unanimously. ADOPTION OF AGEVDA The Council added the following items to the Agenda: , Add pappy's Food Company to the Licenses� Item 24 - 24 A Add• Letter from Fridley Women's C1ub, Item 28, REGULAR COUNCIL MEETING OF DECEMBER 1�, 1972 � MQTION by Councilman Mittelstadt to adopt the agenda as amended. Seconded by Councilman Utter, Upon a voice vote, a11 voting aye, Mayor Liebl declared the motion carried unaaimously. OLD BUSINESS: ORDINANCE ��525 - AN ORDINANCE REPEALING CHAPTER 19 "USED CAR LOTS" OF THE CITY CODE AND ADOPTING A"USED MOTOR VEHICLE" OADINANCE AS CHAPTER 19 (TAI3LED DECEMBER 4, 1972)• ,r PAGE 2 Mr. Virgil Herrick, City Attorney, outLined the changes to be made in the ordinance as; 1) Section 19.02, change from "No person sha11 engage in business", to "No person, partnership, association or corporation sha11 engage in business", 2) Sectlon 19.091, change from "The registration or title card or bi11 of sale for any motor vehacle sold sha11 be forwarded by the dealer to the Secretary of the State of Minnesota not later than five days", to "The registra- tion or title card or bi11 of sale for any motor vehicle sold sha11 be forwarded by the dealer to the Secretary of the State of Minnesota not later than ten days", 3) Section 19.141, change from "No licensee or agent of such licensee sha11 se11 a used motor vehicle"� 4) Section 19.15, strike the entire second paragraph which reads, "Provided, however, it shall not be unlawful for a licensee or his agent to offer a used motor vehicle for saLe with the speedometer reading thereon. turned back to zero.^ The City Attorney stated the consideration of the ordinance was ready for the second reading, � Mayor Lieb1 asked if the ordieance had been studied only from the standpoint of the used car dealers, or had iC been studied for its legal aspects aad also from the standpoint of the consumer. He also asked if the prosecutor has the necessary vehicle with this ordinance to make the ordinance stick and get a convlction. The City Attorney said it would no longer be possible to se11 used cars in Fridley without a lice[ase. Mayor Liebl asked if this ordinance would also apply to the Fridley State Bank. He added, they have cars for sale there quite often. The City Attoxney said this would apply to the Bank and all other commercial enterprises. Councilman Utter asked why there was mention in Section 19.15 of not setting the speedometer back to zero and no mention was made about reducing the mileage. The City Attorney stated that this was a part of the original oridnance and no longer permissible. MOTION by Councilman greider to approve the second reading of Ordinance ii525, waive the reading and order publication, Seconded 6y Councilman Mittelstadt. IIpon a ro11 ca11 vote, Mittelstadt, Breider, Starwalt, Le�.61, Utter voting aye, Mayor Liebl declaxed the motion carrZed_unanimously. DISCUSSION OF THE ISLANDS OF PEACE PROJECT (TABLGD 12-11-72). The Mayor called on Mr. Ed Wilmes who said he had received the letter from the City Manager stating the Islands of Peace pro�ect had been re�ected by LAWGON He said he believed one of the reasons for this was due to the fact that the shelter building was located in a flood plain area. He stated the pro�ect not only has to be approved by the Fridley, State and I'ederal Governments, it must also be approved by the insitutions of the handicapped aad he has rece5.ved letters of support from many area schools and institutions for the handicapped, Mr. Wilmes stated there was a definite need for the construction of a shelter, for in order to meet the needs of the people, they must have protection from the weather, � r 1 r� u N i� REGULAR COUNCIL MEETING OP DECEMBER 18, 1972 PAGE 3 In many cummunities, he added, pro�ects have been compieted without proper , planning and execution and the area does not serve the handicapped, but are turned back for general use as recreational areas. Mr. Wilmesstated the original plans by Mr. Foster Dunw�.ddie, with the proposed cost of $6,200, placed the shelter building above flood p'ain and also above the high water level. The plans called for ramps as access routes for the handicapped. Mr. Wilmes felt there was a need to clarify the terminology used in the descripti,on oT the planned buildings. He stated that what was described as office space was an area set aside for the administration of first aid, and what was called a dining area would be a coffee room. He added these features are a must as these people would not be able to �ust run to their car if the weather became threatening. Mr. Wilmes next suggested looking into the possibilities as mentioned in Item -0k6 of the Land and Water Conservat�on Fund Qualifying Requirement Checklist stating "Proposed pro�ects which are by character, or in the amount of assist- ance requested, such that it would be advantageous to fund from other federal grants-in-aid programs {i.e, Open Space, P.L. 566, etc) the state agency may elect not to program the pro�ect under the Land and Water Conse-rvation Fund". He suggested as an alternative, the City of Fridley submit an application and facts on the pro�ect tu the Department of Housing and Urban Development. He also mentioned that in the letter from James ,7. Solem, Director of the Office of Loca1 and Urban Affairs, it was possible to resubmit an application for LAWCON Funds. He said according to a call placed to that office, a review of , the application for funds wouLd be possible,but not for eight or nine months. Adding another possible funding source, Mr. Wilmes said he had been asked to su6mit specifications of the entire pro�ect to the Ford Foundation for their conszderation, and he said he would do this be£ore December Z0, 1972. Mr. Wilmes said he has discussed the possibility of a ma�or league baseball game between the New York Mets and the Minnesota Twins as a possible funding source He added, he had discussed this with Calvin Griffith and he was very interested. Mr Grant, President, stated he would Like to waxt until the City officially adopted the name of the island as "Gi1 Hodges Island". He added, if this were p7ayed, it may be effective to have a demonstration by the blind showing how they play ball. He also suggested approaching service organizatiotts such as the American Legion, Veterans of Foreign Wars, and the Disabled American Veterans to se11 tickets to this event A button drive would be another means of financing the pro�ect Mr. Wilmes said With a pro�ect uf this sort the young people could become involved because theq could also benefit by it. If the drive would be used in con�unction with a school pro�ect, $.15 out of evary dollar could be gzcen to the school pro�ect. Mr Wilmes stated he has received assurance of support from Midwest Federal and the Fridley State Bank in this proposed drive. Mr Wilmes used the United States Forest Service pro�ect in Florida as an example of how a pro�ect of this type could be effectively maintained and operated. � He mentioned receiving letters of support and offers of assistance from Senator Humphrey, Dr. Aror Troedsson, Chief of Physical Medicine, Veteran's Hospital, and Senator Mondale REGIILAR COUNCIL MEETING OF DECEMBER 18, 1972 � Mr WiLmes stated the advantages of obtaining funds from volunteers such as carporations and foundations along with LAWCON financial support He stated that LAWCON is a reimbursement program and when coupled with private donations, this allows some of the funds to be absorbed back into the pro�ect Mayor Lieb1 stated that he and the Councilmen had received copies of the letters from LCDR, J. L. Lind, Department of the Navy, Nava1 and Marine Corps Reserve Training Center, dated August 19, 1972; CharLes L. Mass, Staff Biologist, IInrted States Department of the jnterior, dated October 25, 1972, and Everett Dodge, Princlpal, Dowling School for Crippled Children, dated December 15, 1972 , _� PAGE 4 Mayor Lie61 stated he understood Mr. Wilmes' concern for the pro�ect, and added he could not speak for the whole Council, but he was also coacerned. He said that at this time they had not met t�ze criteria set by LAWCON, but wouLd do anything possible to continue the pro�ect He added that on the first of the year there wiL1 he a new Councilman in Ward Three replacing CouncLlman Mittelstadt. Since the pro�ect is in the Third Ward, it wi11 be essential for Mr. Wilmes and a11 those who are involved to inform the new Councilman of a11 aspects of the pro�ect. He added it wi11 be necessary to exhaust every avenue possible to get the pro�ect off the ground He staUed he would like to see the Park and Recreation Commission and the rhird , Ward Councilman work closely in order to get the sanction of the Administration, City and Council, Mayor Lieb1 asked if there were any more comments on the Islands of peace Pro�ect. Mr. Henry S. Peterson, 6312 Pierce Street N. E., American Legioa, addressed the Mayor and City Council. A resident of Fridley for 15 years, Mr. Peterson said he was not aware of the existence of the island until he was introduced to the Zslands of Peace Pro�ect. He presented two checks to Che Finance Director, Marvin Brunsell, for the Islands of Peace Pro�ect; one from American Legion Vice Commander Club in the amount of $25 and another from American Legion post �'k307, $50. Mr peterson stated he did not see how the change in one Councilman could have an effect on the entire pro�ect He added the American Legion and the Auxiliary have planned to solicit funds for the pro�ect this spring and they would like some sort of a guaranCee that the pro�ect will not be aba�doned The Mayor stated that a lot of time and effart has gone into this pro�ect and he had no intenCion of dropping the pro�ect, his only suggestion was that Mr, Wilmes work with his new Third Ward Council- man to inform him. Mr. Peterson said there was a possiblity that the National Convention ' of the American Legion may be held in this area in 1975 He voiced the question, if they continue to solicit it may be on a National Leve1, so what assurance did they have the pro�ect would not be tossed out7 u��9 �� t REGULAR COUNCIL NEETING OF DECENiBER 18, 1972 PAGE 5 Councilman Breider stated it caas not the rntention of the Council to stop the , pro�ect, but that they are working through the administration to trq to continue the pro�ect. Right now LAWCON is hedging by not accepting our plans, but it does not stop us from ]ooking for some other means of financial support He said that at this time they were simply trying to make sure the Third Ward Councilman was informed so he may be kept abreast of things The Council's intentions are the same as they were a year ago and the sdministration should help find alternate souxces of funding. Mr, peterson stated they intended to keep on solicitng whether or not LAWCON granted approval. He added rt was necessary for the American Legion to establish a goal, be sure the pro�ect will not be dropped making it necessary to return donations, and after this the American Legion could put the pro�ect on xts feet This could be done wzthout any City money, he believed. Council- man Breider reminded Mr. Peterson it is essential to work throught the administration and assured Mr. Peterson that thzee members of the Council have committed their support to the pro�ect, and added they are not about to change their minds Mr Wilmes stated he had contacted Mr. Nee and informed him on the background of the pro�ect Maqor Liebl asked if it was necessary to take any action on the pro�ect at the present time. Councilman Breider suggested the City Manager look into other possible funding sources. Councilman Mittelstadt suggested a review of the LAWCON application making improvements in the weak points and submitting it again. Mayor Liebl said this could be done in six months. Mr. Wiimes suggested the City Manager arrange a meeting with the HUD people as they had offered their assistance in completing an application. He ' added, LAWCON had referred him to HUD Councilman Breider said the Council should pursne the matter of funding the pro�ect. Mayor Liebl asked if there were any visitors who wished to address the Council. VISITORS; Marv Christen, 800 Rice Creek Terrace Mr. Christen stated he was a snowmobile owner and thought there was a need for clarification of the ordinance governing snowmobiles. He stated that with the present restrictions, he has no access to Locke Park either summer or winter. In order to use his sttowmot�i_le in the areas set aside as snowmobile areas in the park, he must drive around on Highway 65 or Uaiversity Avenue. He suggested designating an area at the end of Madison Street or Monroe Street for snow- mobilers to cross the creek, Councilman Breider stated this had been brought to his attention and he had many simiLar complaints from snowmobilers He suggested the matter be discussed with the people in the area and also the Park Department. He also suggested a trail be mapped out for the Locke park area. Mt. Christen asked if it would be possible to construct a foot bridge for summer access to the park. The City Manager said this is included in the budget, but he did not remember exactly where it is to be located, ' MOTION by CounciLman Breider to set aside an area for access to Locke Park from the south, and set up a map as a matter of record for ttails for snowmohiling in the park. Seconded by Councilman Mittelstadt. Upon a voice vote, a11 voting aye, Mayor Lie61 deciared the motion carried unanimously � � REGULAR COUNCIL MEETING OF DECEMBER 18, 1972 APPOINTMENZ' OF THE CABLE TELEVISION COMMISSION• Mayor Liebl stated that all members of the CATV Advisoiy Committee, appointed by the City Council June 12, 1972, Ordinance t'k496, Section 28, had been polled and agreed to serve as members of the Cab1e Television Commission, MEMBERS; Chairman Fathex Ed Chielewski 6120 Sth Street N E. 560-5600 Mrs. Barbara Hughes 548 Rice Creek Terrace 560-2618 Mr. John Haines 275 Craigbroak Way N.E. 754-0887 Mr Dean Caldwell 5874 Hackmann Ave. N E. 788-6973 Mr. Tom Myhra 6360 Able Street N.E. 560-2433 2 Year Term 3 Year Term 3 Year Term 2 Year Term 1 Year Term 11Pj r PAGE 6 MOTION by Councilman Breider to appoint the members of the CATV Advisor;> Commxttee to the Cab1e Television Commission effective Sanuary l, 1973 Seconded by Councilman Utter. Upon a voice vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF REAPPROVAL OF Z'HE SECOND APARTMENT BIIILDING 251 UNITS IN INNSBRIICK NORTH LST ADDITION, OUTLOT B, REQUEST BY DARREL A. FARR, INC: The City Engineer stated that the original plans �aere submrtted in Sune, 1971, and at this time they are ready for final development He said because of the size and location of the proposed building, iC was advisable for the Council to look at the plans before issuing a building permit The plans ca11 for a total of 251 units, which consist of efficiency, one bedroom and two bedroom units. There wi11 be no three bedroom apartments, he added. Councilman Brezder asked how many of the different size units are in the other building The City Engineer said the other building has 60 studio o: efflciency apartments, 138 one bedroom and 60 two bedroom apartments Councilman Sreider addressed Mr. Darrel Farr stating it was his understanding the other buildLng was the only one to have studio apartments. Mr. Farr said ' he did not xecall what the original statements were. He added tha*_ this pro�ect was a high quality pro�ect and similar to the other pro�ect in terms of material and type of coastruction, The complex is to contain a recreation area and indoor and outdoor pools. �_� � � REGULAR COUNCIL MEETING OF DECEMBER 18, 1972 PA GE 7 Mayor Liebl read the original motion to approve the preliminary plan from the � minutes of the June 21, 1971 Council Meeting. He asked if the regulations set in the preliminary approval were abided by The City Engineer said they were. Mayor Lieb1 explained Councilman Breider's concern stating it was his impression there would be no more studio apartments in the complex. He then asked what asset it would be to have these efficiency apartments. Mr. Frank Reese, Architect, stated there are 251 units in the structure and they are larger in square footage and are $30 to $50 a month more in rent than the other building. He added the apartments are more luxurious throughout, whether they are efficiency apartments or not. Mayor Lieb1 stated that care should be taken in restricting the apartments to a certain income class Mr. Reese said anyone who was able to pay the rent was welcome in the complex. Councilman Breider questioned what percentage of housing units in Fridley are in the low or middle income range. Mr Peter Herlofsky, Administrative Assistant, said 17% are in the 1ow and moderate income bracket as defined by the Metropolitan Council, most of which are apartments Councilman Breider addressed the Mayor atating his ob�ections to the complex. He said two years ago in a meeting with the people of Innsbruck and the people involved in the pro�ect, they were assured at that time that these would be , ultra plush apartments He added that 60 efficiency apartments is aot his idea of plush living. He said, now they are proposing a total of 72 efficiency apartments in the complex, and this was not what was agreed upon with the people in the Innsbruck Homeowners Association The Crty Attorney agreed he was disappointed in the first building saying it was not the type of buildLng they had hoped for. He asked what kind of rent was being pro�ected in the new complex. Mr Reese said the studio apartments would be $135 a month, the one bedroom $200 per month and the two bedroom $250 per month He said because they are studio or efficiency apartments does not mean they fall into the category of low income or cheap. Many peopLe with a high income seek an apartment with one big room They wi11 pay more money for the apartment because they want to use the recreational facilities he said. In his opinion, he said, there are not too many studio apartments in the complex. This huilding completes the multiple housing in this pro�ect Mayor Liebl asked the City Engineer if the building is up to code and all the stipulations of the Building Standards Committee have been met. The City Engineer said the building was up to code, but that he was also disappointed at first because the building was not what was expected, Mayor Lieb1 agreed and said he hoped this building would be improved in quality. He added one important factor in his mind was whether or not people could afford these apartments He said the Council could be strongly criticized on this action He said with the zero populatLOn trend perhaps the one and two bedroom apartments � would be most practical. The entertainment aspects of a complex of this type, he said, are greatly emphasized. He stressed the need for an improvemeat in quality saying he would like to see Innsbruck North with the best possible features under economical and feasible standpoints. REGULAR COUNCIL MEETING OF DECEMBER 18, 1972 � Councilman Utter asked what size in square footage the studio apartments were Mr Reese est�mated about 500 square feet with 8 x 12 foot baiconies, plus storage lockers. Councilman Utter said the apartments were not as big as those in the first building The City Engineer said the other building's apartments are 559 square feet and this one will be 552 square feet ��L� �� � PAGE 8 Mayor Lieb1 said that with 60 studio apartments in the first building and 12 in the proposed building, the number had been greatly reduced He asked if the use of the studio apartment in the complex was to take advantage of every square foot possible. Mr. Reese said this couLd have been done with one and two bedroom apartments. He said they have been included in the complex because people are seeking this type of bousing. Mayor Liebl asked what type of response has been received concerning this new bullding. Mr. Chuck Van Eeckhout saLd there has been no response related to thls structure, 6ut in similar complex's such as Beach North and Beach South this type of complex has worked out very we11. Councilman Breider asked how many studio units there are in the Beach complex pro�ects. Mr. Van Eeckhout stated they have only been included in the plans for the past 12 months. At the time they were designed, he said, they were not using the studio apartment He added, many professional single people demand this type of apartment He sa�d they are planning on including the studio in al1 their new buildings. Councilman Breider saLd the thing that bothers him is that at first there was talk of rezoning and developing property. He went on to say, the development ' was to include the entire Peck's Wood area or what is now called North Innsbruck At this time a11 the talk was to put in luxurious apartments Ae said, at that time the people in the Innsbruck Homeowners Association were in favor of the pro7ect. The fLrst building had 60 efficiency units and he said in hLS opinion this Ls not an ultra plush type of situation. He added that he dLd not ob�ect to studio apartments per se. He added his ob�ection was when the buLlding was done it was not of the quaLity that was promised, Mayor Lieb1 said he could not approve if the complex was to be like the first, buC he did not believe twelve studio apartments out of a total of 251 was too great a number He also said he was concerned about the square footage. When the square footage is cut, the quality cf the apartment is also cut, he said Councilman BreLder stated that he was sti11 not in favor of the pro�ect Councilman Mittelstadt asked if it were possible to come to some agreemenY at the present time, He aLso wanted to know Lf the Innsbxuck Homeowners Associa- tion had been informed about the pro�ect Mayor Liebl sa�d it was the duty and obligation of the Council to see that the original concept in planning was followed, as this is what the people had agreed to. He added, the complex should come as close as possible to the original intention of the developer, while realizing what was good five years ago might not be today. He added, we must give the consumer what is needed for today and tomorrow. Agaia he stressed that twelve studio apartments out of 251 is a reasonable number. � MOTION by Councilman Starwalt to appxove the constructioa of the 251 apasCment complex with 12 studio, 162 one bedroom and 77 two bedroom apartments provided a11 the requirements are met Seconded by Councilman Mittelstadt. Upon a voice vote, Councilmen Mittelstadt, Starwalt, Utter and Mayor Liebl voting aye, Councilman Brelder voting nay, Mayor Leib1 declared the motion carried / � {i� REGULAR COUNCIL MEETING OF DECEMBER 18, 1972 PAGE 9 CONSIDERATION OF A REQUEST TO CONSTRUCTION A 32-UNTT APARTMENT BUILDING WITH ' I6 GARAGES TO BE LOCATED AT 5451 - STH STREET N. E., BY STATE LAND AND DEVELOP- MENT COMPANY, 6229 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA AND RECET.VING A LETTER FROM SACRED HEART PARISH WAIVING THE RIGHTS OF THE PIIBLIC HEARING FOR THE VACATION OF THE ALLEY� MOTION by Councilman Mittelstadt to receive the letter signed by Paul Burkholder, President of the State Land and Development Company, Brunis Smoka, Chairman, Cemetary Committee, Sacred Heart of Jesus Church, and Emil J. Jakubie and Stanley Eggert of the Cemetary Committee, dated December 13, 1972, waiving the right for a public hearing for the vacation of the alley in the property also known as the north half of the Sacred Heart of Jesus Polish Catholic Church cemetary property. Seconded by Councilman greider. Upon a voice vote, all voting aye, Mayor Lieb1 declared the motion carried unanimously. The City Engineer explained the purpose of the letter as protection to hold the City harmless of any legal responsibility should they want to start construction prior to the vacation being completed. He added, since the only people iavolved have agreed to the vacation and signed the letter, the building plans could be approved as long as they include the stipulations set by the Building Standards at their meeting of October 26, 1972. MOTION by Councilman Mittelstadt to approve the construction of a 32 unit ' apartment building with 16 garages to 6e located at 5451 - 5th Street N. E. by State Land and Development Company, with the following stipulations; 1. That 5 stalls on the northwest corner of the property may have precast curbing 2 Install a pipe for drainage on the rear of the property. 3 The party wa11s and separation between floors belvilt to code, The motion was seconded by Councilman Breider. Before a vote was taken, Mayor Liebl asked the City Engineer if there was a drainage problem in this area The City Engineer said instead of surface drainage, the water wi11 be piped into the Highway Department ditch to the north along I. 694. Councilman Utter asked what the Highway Department said about this. The City Engineer answered, a permit must be obtained from them. UPON A VOICE VOTE, Breider, Starwalt, Lieb1 and Mittelstadt voting aye, Council- man Utter voting nay, Mayor Liebl declared the motion carried. DISCUSSION REGARDING BIIILDING PERMIT STIPULATIONS FOR VIKING CHEVROLET LOCATED AT 7501 VIRON ROAD� Mayor Liebl caLled on Mr. Ken Isaacson of Viking Chrevrolet to address the Council Mr. Wyman Smith, Attorney representing Viking Chrevrolet, said Mr. Isaacson was not present He said that Mr, Mark Dooley, General Manager of Viking Chevrolet ' would address the Council and explain the results of a tour of the premises on December 13, 1972 by Mr. Isaacsoa, Mr. Darrel Clark, Community Development Administrator, Mr. Jerry Boardman, Planning Assistant, and himself He said Mr. Dooley was not present at the meeting with Mr. isaacson, Mr. Boardman and Mr. Clark on November 29 when the staff was trying to interpret condrtions when they took over the building IIe introduced Mr. Dooley. REGULAR COUNCIL MEETING OF DECEMBER 18, 1972 l F L PAGE 10 � Mr. Dooley expressed his thanks and said they were happy to be in Fridley and also that they have done extremely well since their move He referred to the letter dated December 1, 1972 and item oae of that letter He pointed out on the overhead pro�ector the original plans for cusbing on the west side of the property and added that this had been changed and the Council had agreed to draw this out of the plans and place the curbing in front of the building The City Engineer said the curbing has not been provided as shown on the plans He added they must comply with the Code. Mr. Dooley stressed the point that the plans had changes and the cur6ing had been placed directly in front of the buiLding Mr Smith asked to be allowed to explain, He added that he was with Mr Isaacson and pointed out it had been approved to rearrange the front and speciLically not to have parking space. CounciLman Starwalt stated he had met with the men at Viking Chrevrolet that day, and in his opinion the question of curbing had been taken care oi He said there was a drainage problem and also one with snow remova L He said the cars must be seen from the street so the snow must not only be piowed, it must also be removed. He then asked how long Vikiag Chevrolet had been in that location. Mr. Dooley said they moved in on February 20, 1972 Councilman Staswalt said that in his opinion what oaas done was the zight thing for the present time. He thought complete resolution of the problem could be ' done more effecCively in the spring when an overall situation can be seen with regard to water drainage and snow stacking. Mr. Dooley added that both item number one and number two, adding a 15 foot planting strip on the southwest corner which is presently blacktopped, could be handled more effectively Ln the spring months. He said at that time they could install arti£icial foliage or anything that may dress up the area. Councilman Starwalt stated the salt ki11 might affect that area and suggested painting the area green as the best long range answer Mayor Liebl asked why there was a probLem for Viking Chevrolet to live up to item number three, bullpen screening as stipulated by Building Standards to store automobiles. Mr. Dooley said the bullpen was there when they moved in and they were aot using it to store cars. They are instead using it to show high priced veh7�cles. He said he did not ob�ect to screening but added vandalism is unusually high and the rate of theft is also high. He explained this to be the reason for the change of plans in not using it for a storage area but rather a dLSplay area. Councilman Starwalt agreed, the area was not being used for what it was originally intended and auggested the sczeening pro�ect be put off for at least six months to reevaluate entirely the different use. He added,in his his opinion, the area looked respectable. Mayor Lieb1 asked if there were some stipulations at the time the City approved the occupancy permit. Mr Wyman Smith said the area was to be used orLginally for storage of junk cars. IC is not being done that way, he added. He said he had talked with Mr. Isaacson about the installation of slats and Mr. Isaacson � was not afraid Co spend the money, he was basically afraid of the vandalism He added that even with the lights on now, people are taking the wheels right off the cars, so they would be able to take everything that is removable after the installation of slats. Mayor Liebl stressed CounciLman Starwalt's point stating that because of the present use, it would not be necessary to screen the bullpen area. _i�i� REGULAR COUNCIL MEETING OF DECEMBER 18, 1972 PAGE 11 Mayor Lieb1 suggested the Council discuss item number four, screening of the ' outside rubbish area behind the building. Mr. Dooley said he honestly did not believe they were doing an excellent �ob of policing the area. He added, the situation has recently changed in that they were having the rubbish hauled away every two days He said there would no longer be an accumulation of fenders and bumpers. This cannot be seen from the outside by the public, one must drive into the area before it can be seen. Mayor L1eb1 said there would be no exceptions as far as rubbish accumulating, this must be taken care of. Mr. Dooley stressed the point that it was not an accumulation of rubbish,but only fenders and bumpers and it is being taken care of every two days. Mayor Liebl said this should be taken care of by next month. Councilman Starwalt stated this has been looked into by Darrel C1ark, who said there is a tremendous pi1e. He added in his opinion the possibility of screening the area should be looked into. He added the area is not visible from the street but it is visiole from the side He said that if it is not feasible right now, he would suggest it be done in the next six months. He also suggested another pick up point as a method of reducing the accumulation. Councilman MLttelstadt stated this is a requirement for a11 the industry in FridLey Councilman Starwalt said the winds have been known to blow in Fridley, and some means had to be used to contain the material Mayor Lieb1 stressed there would be no exceptions to item four. Mayor Lie61 referred to item number five, a date for curbing along Fireside Drive should be set. He asked the City Engineer the reason for this action, The City Engineer said he had talked with Mr. Isaacson who had said there was a large sum of money needed to make a11 the necessary improvements to live up to the Code. � Mr. Isaacson, accordi_ng to the City Engineer, was unable to do a11 the work at the present time The City Engineer said they were in agreement and willing to do the work which is the addition of curbing along the parking lot. Councilman Starwalt concurred with the City Engineer stating Viking Chevrolet was absolutely willing to do this. He asked the City Engineer if there were problems from an engineering standpoint, was the street grade higher than the property and if a grade level had heen set The City Engineer said he did not believe there would be any problems with drainage. He emphasized the expense of the pro�ect and again suggested a completion date be set Mayor Lieb1 suggested it be completed before the end of the 1974 construction season if it were not financially feasible for this year The City Engineer agreed that the curbing along the parking areas on the west side of the property could be waived He stated the installation of a planting strip could cause some problems and added that painting the area green and placing two or three cement planters that could be removed in the winter may be a more practical solution Mayor Lieb1 said rt was their intention to do what is most practical but he was not in favor of placing plastic trees in the area He stressed the importance of an environmental impression and said when artiPicial foliage was used on the Holiday property, it looked a mess He added, that at the time they were considering the pLans they were told it would be easy to maintain. Mayor Lieb1 said the area should look clean and net in order to invite customers. He said in his opinion a planting strip should be maintained in that area eventually. Councilman Utter asked if the plowing of snow would break up the planting done in the area and how � could the cars be seen from the road after the plowing Mr. Dooley said after the City plows the snow Viking Chevrolet removes it. Mayor Liebl said he would like to see some greenery in the area. He asked how wide the strip was. Mr. Dooley said rt was under fifteen feet and possibly only about 12 feet. REGULAR COUNCIL MEETING OF DECEMB�R 18, 1972 ' Mayor Lieb1 stated he did not believe plants would survive in a 12 foot strip unless a sprinkling system were installed. The City Engineer said it would be an expensive pro�ect to tear up the blacktop and install a planting strip. He added it would 6e more feasible al1 around to paint the area green and use removable planting structures. The Crty Engineer continued his summary of the stipulations and agreed to waive the screening of the bullpen area as Long as it was to be used for the display of high priced cars. He agreed with Mayor Lieb1 stating there should be no exceptLOns to item number four, the screening of �unk, he said this should be done immediately. He suggested a map be set up by Viking Chrevrolet showing the area of their property where �unk cars and cars being worked on will be stored. He stated it is very important that the area look clean and these cars kept out of the public eye �; � II PAGE 12 Councilman Utter suggested Viking Chevrolet obtain large dumpsters for their trash. He added the area has made some improvement from the previous situation. Mr. Dooley said there is one in the area now located on the corner of the building and on the side MOTION by Councilman Starwalt to take the recommendations of the City Engineer and have the mattex' handled by presenting an improvement plan to alleviate the conditLOns to the City Engineer by June, 1973. Seconded by Councilman Mittelstadt Upon a voice vote, a11 voting aye, Mayor Lieb1 declared the motion carried � unanimously. FIRST READING OF A VACATION ORDINANCE, SAV �r�72-O5, BY LEIF HENRIKSEN TO VACATE ALL THAT PART OF 64; WAY LYTNG WEST OF RIVERVIEW TERRACE AS NOW LAID OUT AND TRAVELED, GENERALLY LOCATED IN VEIT'S ADDITION IN SECTION 15, CITY OF FRIDLEY• MOTION by Councilman Mittelstadt to approve the ordinance on first reading and waive the readiag. Seconded by Councilman Utter. ilpon a ro11 ca11 vote, Councilman Breider, IItter, Liebl, Starwalt and Mittelstadt voting aye, Mayor Lleble declared the motion carried unanimouslq. Mayor Liebl asked if the next four proposed ordinances dealing with the penalties for drug uee and possession could al1 be handled with one motion The City Attorney replied that he believed so. FIRST REAllING OF AN ORDINANCE PROHBITING THE POSSESSION OA SALE OF CEATAIN DRUGS AND RELATED PARAPHERNALIA AND PROVIDING PENALTIES THEREFORE• AND FIRST READING OF AN ORDINANCE PR�HIBITING THE PQSSESSIQN QR SALE OF CERTAIN BARBITIIRATES AND PROVIDING PENALTIES THEREFORE: L191� � FIKST READING OF AN ORDINANCE REGULATING THE PURCHASE. SALE OR POSSESSION OF GLUE AND RELATED SUBSTANCES AND PROVIDING PENALTIES THEREFORE AND ��Q/� REGULAR COUNCIL MEETING OF DECEMBER 18, 1972 FIRST READING OF AN ORDINANCE REGULATING THE PUR,CHASE, SALE OR POSSESSION OF CODEIN� AND PROVIDING PENALTIES THEREFORE• PAGE 13 The City Attorney said there are three other cities in Anoka County under the �urLSdictLOn of the County Attorney. He agrees, the passing of these ordinances would give the City more flexibility in handling drug, barbituates and glue offenses. The use of these substances are prohibited under the State Statutes, but if this is approved by the Gity, it would a11ow the City to handle some cases as misdemeanors and taken care of by the City Attorney's office. He added in some cases, especially when young people are involved, these ordinances would enable the City to handle the case as a misdemeanor instead of the County Attorney's office handling the case under the State Statutes as a felony with a severe penalty. He said, in his opinion, the City should adopt these ordinance. MOTION by CouncLlman Mittelstadt to approve the first reading of the foregoing four ordinances and waive the reading. Seconded by Councilman Utter. Upon a roll ca11 vote, Mittelstadt, Utter, Liebl, Breider and Starwalt voting aye, Mayor Lieb1 declared the motion carried unanimously. RECEIVING THE MINUTES OF TfiE PLANNING COMMISSION MEETING OF ➢ECEMBER 6, 1972: PROPOSED REGISTERED LAND SURVEY, P.S. ��72-06, BY DONOVAN A SCHULTZ - REPLAT OF LOTS 1 AND 2, BLOCK 1, EDGEWATER GARDENS The City Engineer said the plan was basically one of combining some property and did not in any way change the Locke Lake shoreline. MOTION by Councilman Starwalt to approve what the Planning Commxssion had recommended. PS4k72-06 for D. A. Schultz. Seconded by Councilman Utter Upon a voice vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously The City Engineer said that the next item which is a Rezoning and Special Llse Permit requested by Union pi1 Company is sti11 pending before the Planning CommLSSLOn so no Council action is needed at this time. PROPOSED PREL AND P.S. �k72-07 STH AVENUE AND c MOTION by Councilman Mittelstadt to set a public hearing for January 15, 1973. Seconded by Councilman Utter Upon a voice vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously. The City Engineer said that the next item, which was a request for a Special Use Permit by Frank Gabrelcik, was sti11 pending before the Planning Commission and no Council action was required at this time. i ' , � 1 REGULAR COiINCIL MEETING OF DECEMBER 18, 1972 PLANNING COMMISSION MINUTES (CONTINIIED) FRIDLEY COMPREHENSIVE PLAN. The City EngLneeY said Che Planning Commission suggested remain in office until after the Public Hearings on the completed. �-. , , -, � ,.l PAGE 14 that its present membexs comprehensive plan are MOTION by Councilman Mittelstadt to concur with the Planning Commission and permrt the present planning Commission members to remain in office until the completion of the Public Hearing meetings on the comprehensive plan with no date set. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MQTION by CounciLman Mittelstadt to receive the pLanning Commission ptinutes of the meeting of December 6, 1972 Seconded by Councilman Utter. Upon a voice vote, a11 voting aye, Mayor Lieb1 declared the motion carried unanimously RECEIVING THE MINIITES OF THE SUILDING S�ANDARDS - DESIGN COTVTROL ME�TING OF DECEMBER 7, 1972. CONSIDERATION OF A REQUEST TO MOVE A HOUSE FROM 6125 NORMANDALE ROAD, EDTNA. MTNNF.SOTA TO PARCET 2340. AIIDITOR'S Si1RDIVISION NO 23. REVIS�] JOHN M. ME 55432 � The City Engineer said the Building Standards-Design Control Subcommittee had suggested the approval of moving this house with two stipulations. MOTION by Councilman Mittelstadt to approve and concur with the Building Standards Committee requiring a$5,000 bond for completion and perfoxmance, a plan of the landscape must be submitted to the Inspection Department and elevations presented to the Engineering Department with a time allowance of six months Seconded by Councllman Utter. Upon a voice vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF A REQUEST TO CONSTRUCT A 108 UNIT APARTPIENT COMPLEX AND A 59 UNIT TOWNHOUSE COMPLEX TO BE LOCATED ON PARCELS 48D0 AND 5200, SECTION 14, (FORMER REIDEL PROPERTY), GENERALLY LOCATED BETWEEN STH STREET N.E. AND 7TH STREET N.E , ON THE SOUTH SIDE OP MISSISSIPPI STREET IiJ FRIDLEY, MINNESOTA. (REQUEST BY THE WALL CORPORATION, 8030 CEDAR AVENUE SOUTH, BLOOMINGTON, MINNESOTA, 55420) The Crty Engineer placed the proposed plans submitted by the Wa11 Corporation on the easel and called on Mr. Richard Schwarz, architect for the Wa11 Corporation to present the request. Mr. Schwarz pointed out the revised site plan bounded by Mississippi Street, � 63rd Avenue, Sth and 7th Streets, and said the plans were primarily as 7�ndicated with the exception of the elimination of town houses in the area which ria}� be acquixed for a libraxy from the Wall Corporation He said there are two Uasic revisions, one in the construction of the townhouses making them two separate buildings, a plan which enables Wa11 Corporation to add garages. In order to make space for garages, he added, it was necessary to chaage building sites a lJ �L REGIILAR COUNCIL MEETING OF DECEMBER 18, 1972 PAGE 15 There are three buildings of similar construction, he said. The revisions , allowed the community facilities to be placed in the center of the complex and available to both townhouse and apartment renters. He said there are to be fif-ty six garages in the center of the parking area and an open court yard. He pointed out the expected eight and fifty year growth pro�ection of the trees in the area. Ae said there wi11 be a fountain system, waterfall and ditch which wi11 flow into a permanent pool in the center of the court yard. He pointed out the locating of the tennis court, indoor pool and recreation center Councilman IItter raised a question regarding the permanent pond saying there is a drainage problem on the corner of 7th Street and 63rd Avenue. He added he thought the original plans had called for drainage of that area into the permanent pond. Mr Schwarz explained the corner of 63rd would be landscaped and the present pipe would connect to the normally dry rock lined bed and continue under a bridge to the ponding area. He added that in the case of a rain storm the water would be channeled into the storm sewer. Councilman Utter asked what the elevations on the site were in comparison to the road. Mr. Schwarz stated he was not certain but he thought the present elevation of the pond was planned for 840' and the elevation of the roadway on 63rd is 849' or 850' Councilman Utter stated he was very glad to see the installation of the ponding area as he had been in contact with people on 63rd Avenue and they have problems with water in their basements. Mayor Lieb1 asked if the surge run off water would go into the storm sewer. , Mr. Schwarz repLied it would slowly go into the storm sewer. Mayor Lieb1 asked if there would be a row of townhouses on Mississippi Street. Mr. Schwarz said there would be one row with the front of the unit having a higher elevation than the back The units will have tuck-under garages, he added. The living room, dining room and kitchen of these units wi11 overlook the central court yard area The second floor, he said, wi11 contain three bedrooms, a bath and an additional lavatory. He said there would be a stucco and wood trLangular bay at the end of each unxt and a window on the landing of the stairways. Mayor Lieb1 asked if the outside plans called for any brick. Mr, Schwarz said they had planned a stucco and wood image, the stucco being off-white and the wood medium to dark brown tones at different locations. Mayor Liebl asked if it might give a sturdier appearance if the bottom of the buildings were brick. Mr. Schwarz stated this was the kind of building Wall Corporation wanted and the image they wanted to pro�ect. Mayor Liebl asked what style apartment buildings were planned. Mr. Schwarz said they were of the same style. The Mayor asked if the materials generally affect the price of the unit. Mr Schwarz said stucco was a relatively expensive material and rt was his opinion the sma11 amounhs of stucco would enhance the wood. He added wood alone created a sameness that could get du11. He said they planned to create a high contrast between the stucco and wood and introduce some soft colors Mayor Liebl stressed the importance of having the complex of a � high quality material saying it wi11 be in the center of the City and on a prime piece of real estate. He again stated he would Like to see brick structures there and asked if it were possible to do this and keep the units in the same price range. Mr Schwarz said there were limrtations on how far masonery construction and brick could be included in this type of building. REGULAR COUNCIL MEETING OF DECEMBER 18, 1972 ) i S � PAGE 16 � Mayor Liebl mentioned the axeas diXectly around the proposed complex and asked if they had considered the type of structures that would surround the complex and whether or not the complex would fit into the community, Mr Schwarz said they always try to have a pro�ect fit into the area, but, materials alone do not make a pro�ect fit He said in his opinion, the pro�ect was large enough to hlend in and stand alone. Mayor Lieb1 added they had the environment to consider and there were no trees in the area Mr. Schwarz said they wi11 have trees in the area, but most of them would be n��w He added they would be doing a significant amount of landscaping and planned to plant many types of trees aLong Mississippi Street as we11 as all other areas He said the plans call for different Landscape gLans for each Lownhouse allowing each building to look like a different structure and planning for private space for each unit Mayor Lieb1 asked Mr Schwarz to point out the area and explain the type oL building that is identified as Townhouse A. Mr Schwarz said it is a split 1eve1 entry with the garage at the mid-level The Mayor asked if Mr. Schwarz was aware of the square footage of this structure Mr. Schwarz said there was a total of 1,132 square feet of finished and 528 feet of unfinished Living area He said Townhouse B is a 1ittLe larger with 1,2D0 square feet of finished and 400 feet of unfinished living area Mr. Schwarz said the price range for these town- houses wi11 be from $30,000 to $36,000. Councilman Breider asked the City Engineer if he had plans for the landscaping and elevations along 63rd Avenue. The City Engineer stated the elevation at the roadway is 846' and the ponding area is 840' or a drop of six feet. The � Council members, Mr. Schwarz, and the City Engineer discussed elevations at the easel. Mayor Lieb1 asked the City Engineer if, in his opinion, these would be quality townhouses. Councilman Breider asked the City Engineer if he had gone through the stipulations with Mr. Schwarz. The City Engineer stated he believed they would be quality townhouses and he would go along with the plans on Sth Street Councilman Starwalt asked how the townhouses would be placed to aLlow a varia- tion. Mr Schwarz explained how the end views would be reversed. MOTION by Councilman Starwalt to approve the request to construct a 108 apart- ment complex and a 59 unit townhouse complex to be Located on paxcels 4800 and 5200, Section 14 (former Riedel property) generally located between Sth Street N E. and 7th Stree N. E. on the south side of Mississippi Street in Fridley, Minnesota Request by the Wa11 Corporation, 8030 Cedar Avenue South, Bloomington, Minnesota, 55420), with the stipulations as pointed eut by the Building Standards - Design Control Subcommittee as follows• 1. Construct 22 additional garage� off Sth Street 2. Provide more planting on Sth Street. 3. Delete driveway on 7th Street and replace wrth two exits. 4. Poured 6x18 concrete curb around a11 blacktop. 5 Provide check list for the architect on signed agreement 6etween the City and the Wa11 Corporation, � 6. Note the discussion on items of party walls, corridor wa11s, separation between floors, stacking of plumbing, fireproofing of staixways, and the error in the elevation of the garage roofs 7. Provide 10 foot radius on a11 entrances and exits The MOTION was seconded 6y Councilman Breider. `j,SS;�; REGULAR COIINCIL MEETING OF DECEMBER 18, 1972 PAGE 17 The City Engineer asked the Council to consider the deletion of the additional garages as requested by the Wall Corporation. Mr. Schwarz asked to defend the Wa11 Corporation's approach on the issue and added according to market research done, this would be a greater percentage of garages than would be needed in this complex He said they have planned to market a percentage of these units to the elderly, and in most cases the elderly wiL1 not have a need for garages. Counc'tl- man Breider said the units were also to be marketed to the handicapped and they would have no need for additional garages either, as many of them do not drive If there is a need in the future, they could be added. AMENDMENT TO THE MOTION by Councilman Breider to delete the twenty-two garages with the understanding that if they are needed at a later date they will be built Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor LieS1 declared tE�e motion carried unanimously. The Council commended Mr. Schwarz and the Wa11 Corporation for doing what they said they would do in their original plans. USED FOR A WAREH OF THE SOUTHEAST n TED ON THE EAST H OF SECTION 3. THE GHTON, MINNESOTA 55112; TO BE PLANS TO BE SUBMITTED ROAD D The City Engineer said this plan has been authorized before and this was a reviGed plan Councilman Mittelstadt referred to the Minutes of the Building Standards meeting as listed on Page 13 B of the Agenda and said he was in agreement with Mr. Tonco He believed this building was very large and wanted to know what means was being used to break up the monotony, The City Engineer stated, there would be considerable planting provided and that there were also windows in the structure that would break up the wa11. He said the building was to be constructed of break-�ff block. MOTION by Councilman Breider to approve the request for construction of a ware- house Located at 7901 Beech Street N.E., Fridley, Minnesota, by Bryant Franklin Corporation, 900 W. Co. Rd. b}, New Brighton, M�nnesota 55112. Seconded by Councilman Mittelstadt. iTpon a Voice vote, a11 voting aye, Mayor Liebl declared the motion carried unaaimously. CONSIDERATION OF A REQUEST TO CONSTRUCT A STORAGE BUILDING LOCATED �`I TlITC 49_21�. RTMV S CPRTNC RAf1f1R P4RiZ AT�iITTTl1N TAF' C�MF' RFTNC lla(1 STREET N,E , FRIDLEY, MINNESOTA)(MACHI ST 5&W xr:AL'1'Y, 140 LIBEI�i'YSTREET N.E. , FRIDLEY, MINNESOTA) • The City Engineer said the proposed construction was the addition to the existing structure, and a means to clean up the area. There was a discussion of whether or not poxtable concrete curbing was to be used Mayor Lieb1 stated he thought it was a waste of money and cited the Frontier Club as an example. He said they had to eventually replace them, A representative of S& W Realty stated the plans had been revised to include petmanent curbing. � ' � � REGULAR COUNCIL MEETING OF DECEMBER 18, 1972 � MOTION by Councilman Mittelstadt to adopt the plans for a storage building at 140 Liberty Street N. E, Fridley, Minnesota. Seconded by Councilman Starwalt Upon a voice vote, a11 voting aye, Mayor Lieb1 declared the motion carried unaimously. � � PA GE 18 MOTION by Councilman Mittelstadt to receive the minutes of the Building Standards- Design Control Subcommittee Meeting of December 7, 1972 Seconded by Councilman Utter Upon a voice vote, a11 voting aye, Mayor Lieb1 decLared the motion carried unanimously RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF DECEMBER 12, 1972 � G7 56 TO UARE FCET TO ALLOW SAME BEING 52"LS CENTRAL AVENUE N, E., FRIDLEY, MINNESOTA. (REQUEST BY LEE WARD'S, 5225 CENTRAL AVENUE N E., FRIDLEY, MINNESOTA) The City Eng�.neer said the Board o£ Appeals had recommended the City Council approve the variance with the stipulation that they LLmit the sign wording to "Lee Ward's" only and not to exceed 27 square feet on the two-sided alternate s1gn, Also,the sign is to conform to the existing signs on the pylon, He added the original request was for an addrtion of 54 square feet, and he recommended approval for an additional 27 square feet. There was a discussion on the existing sign already being out of line according to the City of Fridley sign ordinance. Mayor Lieb1 said the C1ty must enable the people doing business in the area to do some advertising The City Engineer stated, that with Spartan being set so far back it was necessary to do the same with the remainder of the bu�Ldings MOTION by Councilman Starwalt to approve the variance for an additional 27 square feet only to the already non-conforming sign as recommended by the Board of Appeals. Seconded by Councilman Breider. Upon a voice vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Mittelstadt to receive the minutes of the Board of Appeals Meeting of December 12, 1972. Seconded by Councilman Utter. Upon a voice vote, a11 vot�.ng aye, Mayor Lieb1 declared the motion carried unanimously. APPROVAL QF FIRE DEPARTMENT PAYROLL FROM SUNE 19, 1972 THROUGH DECEMBER 11, 1472• MOTION by Councilman Mittelstadt to approve the payroll of the Fire Department from June 19, 1972 through December 11, 1972. Seconded hy Councilman Utter Upon a voice vote, a11 voting aye, Mayor Lieb1 declared Che motion carried unanimously CONSIDERATION OF ANOKA COUNTY ASSUM7NG OUR HEALTH INSPECTOA'S DIITIES� Mayor Lieb1 recommended the Council authorize the City Manager to sign the agree- ment with the Anoka County Health Iaspector's �ffice MOTION by Councilman MitteLstadt to authorize the sLgnature, Seconded hy Councilman Utter. , �, � ��� REGULAR COUNCIL MEETING OF DECEMBER 18, 1972 PAGE 19 Mr Jack Woods, Lee Avenue North, Brooklyn Center, owner of Pappy's Food Company, ' 7879 Seecl7 Street N. E., Fridley, addressed the Mayor and the Council. Mr. Woods stated he had asked Mr. Harvey McPhee, present I'rldley Health Inspector, to come in and te11 him the equipment and supplies he needed to comply with the Health Inspection regulations His reason was to eliminate the number of inspectors and the amount of money spent to comply with the ideas of a11 the inspectors involved He stated by following Mr. McPhee's suggestions and ordering the necessary materials tie saved up tu $1,000. He said in his opinion the approval of the plan would Ue a great help to the businessmen in the area. Mayor Liebl said the plan would call for the retention of Mr. McPhee's services, and he believed this would save the City some money a1so. He added that the inspection regulations must be according to Code, and he thought the plan should he tried out. Councilman Mittelstadt said that in his opinion, the City should adopt the plan for 1973. THE VOTE UPON THE MOTION WAS A VOICE VOTE, a11 voting aye, Mayor Lieb1 declared the motion carried unanimously. RECEIVING REPORT AND CONSIDERATION OF RESOLUTION ON SEWER SERVICE CHARGES FOR 1973: RESOLUTION No. 156-1972 - A RESOLUTION PROVIDING FOR SEWER CONNECTION CHARGES AND AMENDING SEWER USE CHARGES� Mayor Lieb1 asked if there were any questions on the recommendations of Marvin , Brunsell, Assistant City Manager/Finance Director. The City Manager said the proposed sewer rate charges and connection charges had been studied by Mr. Virgil Herrick, City Attorney, Mr. Marvin Brunsell, and otl�er members of the administrative staff. They have studied the matter of apartments and the rate they pay as to the amount of sewage that they con- tribute. Councilman Breider said it should be the intention to have the people pay what therr fLow rate dictates. Councilman Mittelstadt asked if it was the main intent at the present time to have money in escrow for SAC charges. Mayor Lieh1 said it is also an important point that the apartments use the sewer less than a home would. The City Attorney stated the single family house, townhouse and duplex shall comprise one unit, condominiums and apartments shall each comprise 80% of a unit, mobile homes shall also each comprise 80% of a unit. He added, the City has a fair number of one bedroom apartments and also a number of vacancies eliminates aay use of the sewer system at all. He said he was satisfied with the proposed resolution. Councilman Starwalt asked if multiple dwellings would be charged $10 per quarter. Mayor Liebl stated they must provide the necessary funds �or charges, otherwise the only other way w� u1d be mi11 levy The City Manager stated that all new construction will pay an additional amount �or connection charges in the future and this wi11 enable the City to obtain the additional funds, rather than increasing the individual quarterly rates. , MOTION by Councilman Breider to adopt Resolution �k156-1972, starting the f'trst of 7anuary, 1973, as per the figures stated in the resolution, Seconded by Councilman Mittelstadt Upon a voice vote, a11 voting aye, Mayor Lieb1 declared the motion carried unanimously. ' � REGULAR COUNCIL MEETING OF DECEMBER 18, 1972 /_r ��� ;� PAG� 20 RESOLUTION �k157-1972 - ORDERING PRELIMINARY PLANS AND SPECIFICATIONS FOR STREET IMPROVEMENT PROJECT ST. 1973-1 AND ST. 1973-2 (MSAS), ADDENDUM �k1; MOTION by Councilman Breider to adopt Resolution ��157-1972. Seconded by Council- man Mittelstadt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimousLy. RESOLUTION ik158-1972 - RECEIVING PRELIMLNARY REPORT AND ORDERING FUSLIC HEARING FOR STREET IMPROVEMENT PROJECT ST. 1973-1 AND ST. 1973-2 (MSAS), ADDEN➢UM �k1• MOTION by CounciLman Mittelstadt to adopt Resoiution ��158-1972 and ordering a public hearing. Seconded by Councl.lman Breider Upon a voice vote, a11 voting aye, Mayor Lieb1 declared the motion carried unanimously. RESOLUTION ��159-1972 - AUTHORIZING THE DIRECTING OF THE SPLITTING OF SPECIAL ASSESSMENTS ON PARCEL 1260, SECTION 3 MOTION by Councilman Breider to adopt Resolution ik159-1972. Seconded by Council- man Starwalt. Upon a voice vote, all voting aye, Mayor LieU1 declared the motion carried unan�mously. RESOLUTION ��160-1972 - AIITHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PART OF LOT 13, PARCEL 2100, AUDITOR'S SUBDIVISION �k23 MOTION by Councilman Breider to adopt Resolution �f160-1972 Seconded by Council- man Starwalt. IIpon a voice vote, al1 voting aye, Mayor Lieb1 declared the moCion carried unanimously, APPOINTMENT OF ASSISTANT ENGINEER, RICHARD SOBIECH• The City Manager explained the CouncLl approved the reorganization of the Public Works Department combining the Public Works Department and the Engineering Depart- ment under the City Engineer. Darrel CLark, Eng�.neering Assistant, was appointed head of the Building Inspection and Planning Department This left a vacancy in the newly created Engineering Department. After recruiting for several months, seeking a qualified graduate engineer, we feel Mr Sobiech is an excellent candi- date to head up the department. He added that Mr. Sobiech had received a degree in Agricultural Engyneering and is currently working toward a degree in Civi1 Engineering, and has been employed by the St. paul Water Department for three yeaxs. Mayor Liebl voiced concern over the hiring of additional top management personnel wlth top salaries when there are othex areas of need within Che City He specifi- ca11y mentioned the problems within the Water Department and added he hoped Mr. Sobiech, with his experience, could aid in solving these problems. MOTION by Councilman Breider to approve the appointment of Richard N. Sobiech, Assistant Engineer � NAME Richard N. Sob�ech 4219 14th Ave. So. Minneapolis, Minn. 55407 POSITION SALAAY EPFECTIVE DATE Assistanr $15,000 Sanuary 8, 1972 Engineer per year REPLAC�S Darrel Clark Engineering Assistant �r�� R�GIILAR COUNCIL MEETING OF DECEMBER 18, 1972 PAGE 21 The motion was secoaded by Councilmaa Mittelstadt. Upon a voice vote, a11 voting aye, Mayor L�ebl declared the motion carried unanimously. CLAIMS MOTION by Councilman Mittelstadt to approve the claims as folLows: General Claims dF30440 thru ��30587 and Liquor Claims ik7293 thru ��7323 Seconded by Councilman Utter. Upoa a voice vote, a17, votzag aye, Mayor Lieb1 deciared the motion carried unanimouslp LICENSES. GENERAL CONTRACTOR 0. R. Anderberg Company 2923 Oakland Avenue Mznneapolis, rlinnesota Cooper Construction Company 8437 University Ave N.E. Minneapolis, Minnesota Ching Johnson Builders, Inc. 3507 West SOth Street Minneapolis, Minnesota Keyway Buildings, Inc 10910 South Shore Drive Minneapolis, Minnesota SIGN ERECTOR (1973) Gold Medal Beverage Company P.O. Box 3466 553 Nnrth Fairview Avenue St. Paul, Minnesota FOOD P�STABLISHMENT By• Orin Anderberg By: Thomas Cooper By: Ching ,Tohnson By: Dave Morman By: Haskel Fishman pappy`s Foods Company 7879 Beech St. N.E. Fr.tdley, Mianesota By• ,Tack F. Woods NNLTIPLE DWELLING LICENSES NAME ADDRESS UNITS FEE Donald Aunen 5770 - 2nd St N.E. 8 $10.00 APPROVED BY Clarence Belisle Clarence Belisle Clarence Belisle Clarence Belisle Clarence Belisle Clarence Selisle APPROVED BY Robert D. Aldrich Ftre Prevention bept. MOTION by Councilman greider to approve the above noted licenses. Seconded by Councilman Utter Upon a voice vote, all voting aye, Mayor Liebl declared the motioa carried unanimously. �i � � �_ _I 1 � REGULAR COUNCIL MEETING OF DECEMBER 18, 1972 ESTIMATES, Weaver, Ta11e & Herrick 316 East Main Street Anoka, Minnesota 55303 November Retainer and services to date Dunkley Surfacing Company 3756 Grand Avenue Minneapolis, Minnesota 55421 FINAL payment to Dunkley Surfacing for Street Improvement pro�ect ST. 1968-1B Suburgan Engineering, Inc. 6875 Highway No. 65 N.E. Minc�eapolis, Minnesota 55432 PARTIAL Estimate �r�l for additional staking in Innsbruck North - ST. 1972-1 Comstock & Davis, Inc �onsulting Engineers 1446 County Road "7" Minneapolis, Minnesota 55432 PARTIAZ Estimate ��L1 for the staking out of the construction work for Sanitary Sewer, Storm Sewer & Water Improvement Pro�ect No, 102 from October 30 through November 25, 1972 $ 1,993.40 $ 4,700.00 $ 510.05 $ 2,763 75 lyayor Liebl asked if there were any problems i�roolved in the work done by Dunkley Surfacing Company, 3756 Grand Avenue, Minneapolis, Minnesota, due Co the fact that the Street Impxovement Fro3ect ST. 168-1B had been held up for final payment The City EngLneer said a11 the necessary work had been done. PAGE 22 MOTION by Councilman MitteLstadt to approve the payment of estimates as submitted Seconded by Councilman Utter. Upon a voice vote, a11 voting aye, Mayor Liebl declared the motion carrLed unanimously. RESOLIITION i�161-1972 - AIITHORIZING AND DIRECTING THE SPLITTIiVG OF SPECIAL ASSESSN�NTS ON PARCEL 4800, SECTION 14• MOTION by Councilman Mlttelstadt to adopt the Resolution ��161-1972 Seconded by Councilman Starwalt. Upon a voice vote, a11 voting aye, Mayor Lieb1 declared the motion carried unanimously. PAESENTATION BY MR, DAVE HARRIS - UTILIZATION OF NORTH PARK AR�A: Mr. Dave Aaxris, Representing the Chamber of Commerce, in support of utilizing North Park as a golf course, listed many reasons why the Chamber believes North park should be used as a golf course. He stated, golf is the fastest growing outdoor sport and a golf course would be self sustaining. He suggested the , ��,-� _,,� REGULAR COUNCIL MEETING OF DECEMBER 18, 1972 PAGE 23 Council check with Coon Rapids to determine some of the advantages. He added , that within a year the program was self susta.tceing in that area, Mr. Harris suggested the use of funds raised by the golf course be used to develop other park areas in the City. Mr. Harris said this is the only area within the City large enough for a golf course and in his opinion there are many other areas more suitable for a nature center. The Chamber is planning to prepare a detailed report on the cost of a golf course in this area he said. He expressed concer❑ at whether the Council would take action on the matter before the Chamber has completed their study. Mr Harris said there are many questions to be answered, and the interest of the citizens of Frzdley should 6e determined. He asked the Couacil for some assurance that they would not make a decision oefore a certain date. He added there has, and wi11 be, a great deal of time and money put into this study by the Chamber and they would like the City Council to refrain from any action until their report is completed. Mayor Lieb] stated he would not like to take any action until the study is analyzed. He added he would like to see a feasibility study on how much a golf course woald cost and what it would do for Fridley, He added, in his opinion, a golf course is a metropolitan program. He said he would also like to see a complete study on the feasibility of a Nature Center. Mr. Harris again asked the Council for time to prepare the report. He said the Chamber must collect data and facts to do this and they need a considerable amount of time and a deadline, � Mayor Lieb1 said the Council must not only consider the Chamber, but also the people of Fridley, including those supporting a nature center. fTe st'ated his maln concern would be the financing. He stated his concern in holding a special election to determine the interest of the people. In a special election, only those opposing the program would come out to vote, In a general election a greater percentage of the people wouLd be involved in the decision. He stressed the need for a study from both sides of the question. He said he would be wi111ng to wait for the ideas from both sides backed up by reports and a means of financing both programs. Councilman Breider stated Mr. Harris is �peaking for the Chamber who is spending a great deal of money, how could their report be unbiased, he questioned. He suggested the City hire a firm of consultants to study both sides and prepare an unbiased report on the advantages and disadvantages of both suggested uses. Mr, Harris stated he was not present to ask the Council to fund the study. He said the business community does not want additional taxation £or a use of North Park that is not self sustaining. He stressed the Chamber's initial figures showed a golf course would be self sustaining. Councilman Breider assured him this would be a part of any consultants consideration Maqor Liebl recalled the offer made by Medtronics to pay $8,000 for a study with the provxsion that the City abide by their recommendation. He questioned whether or not this study would have been unbiased He stressed the Council's obligation � to provide an unbiased study Mr. Harris suggested those in favor of a golf course submit their findings and those supporting a nature center submit their gathered data and the decision would be left up to the Council. Mayor Lieb1 stated that there is a possib�Lity REGIILAR COUNCIL MEETING OF DECEMBER 18, 1972 PAGE 24 � these studies wouLd be slanted and a waste of time CouncLlman Sreider expressed concern at whether the League would generate ennugh funds for a comparable study, Mr. Harris asked Lf it were possible for both groups to ferret out the necessary information and presenC it to people and 1et tliem vote on it. Mayor Liebl emphasized his feeling against a special election stating it would only involve certain gxoups and consequently divide the citizens of Fridley. He added, if the opinion of the Council is unanimous, he sees no reason to go to a referendum. Councilman Breider suggested setting up a four member committee of two golf course and two nature center advocates if the Couacil takes it upon itsel£ to make the decision. He asked Mr. Harris' views on such a committee Mr Harris reminded the Council of the realistic figure of $5,000 presented by Medtronics to do an adequate �ob of decision malcing. Councilman Bxeider stated he did not know the reasons for Medtronics withdrawal from making the study He asked if it would be possible to approach them and ask for their support now, paul Srown, Director of Parks and Recreation, said they would be willing to do the study if a11 pa�ties would agree on their fLndings and act on them. Councilman Breider said as thls is somewhat of an emotional thLng, a consultant would have to look at the overall picture, including the possibility of a go1P couzse being set up under the direction of the County, Now, he said, we are drawing businessmen and golfers on one side and League of Women Voters and nature lovers on the other, and in order to make some progress, we have to geL- together , and study Mr. Harris said it will take more than one fixm to come up with an answer Counc�l- man Breider said up unt�.l now the information has been presented hy one side or another. He said he would like to see the information side by side. Mr. Harris said this had been discussed by the Chamber and they were willing to back the study by an independenC firm as long as their views on the property were considered Councilman Breider asked if the Chamber would go along wLth the decision regard- less of which utiliziation it suggested. Mr. HarrLS saLd the Chamber would, but asked if the Council would agree, He asked where the Chamber would be if the Council doesn't agree Councilman Bs'eider asked if the question was about a study the Council could compare and see. Mr. Harris asked if it would involve land utilization and how much money would be spent on a golf course or nature center Gouacilmaa Breider said these are the things the Council is looking for, how do you compare, he added. What 1eve1, 18 or 9 hole course, he asked, and stressed the need for comparison. Mr. Harris asked if the Council was Crying to advocate a study by the City, He stated the need for tlme to Ue alloted for the study and also the need for guidelines to be established. Mayor Liebl said he would like to see some ground rules to assure the Council that a11 xnformation presented mould be valid. He added, he would like the Council to pursue a decision, not �ust table the matter The City does not have money for such a study, he said, and if the Council is to compare similar ob�ects, how can they be certain the infoxmation is unbiased, he asked � Councilman Breider said he believed Mr. Harris was concerned about one if the City pLanned to conduct a study, and two; ground rules should be estabLLShed. He added on point one, there is an economic factor to be considered, and two, the ase of the area by the people of Fridley should be criteria Mr Harrzs said, in h1s opinion, the question would go beyond utilization if it were prof�t making He used two new softball diamonds as an example of cost versus utilization saying, 2�9� REGIILAR COUNCIL MEETING OF DECEMBER 18, 1972 PAGE 25 the diamonds are used only six months out of a year and by a very few of the , Fridley residents. Mr. Harris continued saying he was not against a nature cent'er, but he considered it a matter of priorities. There are other areas available for a nature center and not other desirable areas for a golf course. Ae stressed the importance of the golf course being self sustaining and profit makzng, although the plans do ❑ot call for a ma�or league course where the U.S. t� Open could be played. He said if the nature center were in a different location, it may not be ma�or leagtie either, but it would be posszble to have both C�uncilman Starwalt asked if 90 to 100 days taouLd be an adequate amount of time to study the utilization. Mr Harris asked what the Chamber was to do if they go ahead and spend the money on the study and the Council decides on February as a deadline and the Chamber is not ready at that time. Councilman Starwalt stated he was not 1ikely to make up his mind in 90 days. Mayor Lieb1 stated, in his opinion, Mr. Harris was presenting a simple request for setting a date which would enable them t�ne for a study and, if the Chamber wants to spend money on a study during this time, that would 6e their prerogative. CounciZmaa Mittelstadt suggested the Council agree not to deliberate beyond Sune 1, 1973. Councilman Breider said the Council has the right to deliberate at anyt�me He asked how it would be possible to set a date �or June 1, 1973, a11 they had talked about were the Chamber's plans. He said the Council should also talk to the other side, or perhaps allocate funds for the study of a aature center or the study would not be adequate. Barbara llughes, 548 Rice Creek Terrace, League oE Women Voters, said the League ' of Women Voters would never do a feasibllity study on a nature center She added, the figures they have are Uroadly gauged, national figures provided by a land- scape architect Mrs Hughes explained that League had submitted the figures in good faith, but they are not based on soil tests, �ust one man's experience in developing nature centers She added, the League will urge the City to study the matter Mayor Liebl asked if the first of June would a11ow enough time far a study. Mrs, Hughes stressed the fact that the League will continue to urge the City to do a study on North Park, adding, the inYOrmation the League can provide is aot the kind of report the Council needs to make a decision and take action. Mr. Harris said he was not there to say if it would be a good effort by the City to study the utilization as a nature center. He said if the Chamber does the study fox a golf course and the City conducts a study for a nature center, it will look like the City favors the nature center util�.zation. CouncLlman Breider suggested the study be made by a consultant who has done both golf courses and nature centers, adding this would be a good indication of the success or failure of the proposed plans. Mr. Harris voiced concern over this plan if it were to be done by a local firm, stating this may inwlve planning a pro�ect with the intention of making a profit by doing the work. Mr, Harris said the Chamber was willing to do a detailed studp on parking and a club house, presenting costs of the plan, He indicated a need for guidelines ' to be set in regard to how much money was to be spent on the utilization. Councilman Breider again said both sides had to be presented, and the decision based on what is best for the community. He continued by saying if the situation remains two sided with the League on one side and the Chamber on the other, this REGIILAR COITNCIL MEETING OI' DECEMBER 18, 1972 ,� �'� _ PAGE 26 � would end with the situation going Chrough the elective process and 1974 is too long a time to wait for a regular election If it were brought to the po11s in 1973, most people would not vote on it and a special election would be an additional expenditure. He said he Chought the City should hire a con- suLtant and abide by his der_ision. He added, he would hke a study to be made to see if a nature center would be best suited for Anoka County with the enti�e County pay�ng for LY. Mr, Haxris said he was not an expert on either golf courses or nature centers, and added it is going to take experts for such a study. He said he did not believe his request was unreasonable, the Chamber �ust wants some time to complete their study. Councilman Breider suggested a committee be set up of two people from each side or two consultants be hlred to study the utilizat:on, He said this caommittee shouLd determine what the study should include, why Medtronlcs has dropped its plan to do a study and who the consultants might be, and basically set up ground rules. Mrs. Hughes said two person from the League would serve on such a committee Mx, Harxis said he wouLd bring these ideas back to tlie Chamber before any money was allocated for the study. He stated whichever p1an was proposed, it should be abided by, and this woulcl bring the community back together. � Councilman Breider stressed the commXttee's purpose would be to set up ground rules and discuss the facts the decision would be based on Mrs. Hughes stated she could not agree on a prior commitment to be given to Medtronics She added she thought they could make recommendats as a fact-fLnding group, but thought governmental issues 1ie with the governing body She said all facets should be studied, and no pxior agreemeat given She said the League cannot commrt itself before the study is done If the League's views were not activated, and a golf course were planned, the League would be presented with new ideas and information to study She said she could not tell them the work they had done was worthless. She added that a substantial ma�ority of the membership agreed a nature center was more surted to the North Paxk area Mayor Lieb1 asked how many members the League had Mrs Hughes said 65. Mayor Lieh1 asked how many of these members had sCUdied this issue. Mrs. Hughes saLd the entier membership had received information and approximately 3/4 of the group attended the meetings. CouncLlman Breider stated it may be factual that a golf course would net $50,000 per year and a nature center wauld cost $5�,000 per year, but a naCUxe center may better serve the community, He added that it may be the nature center could be developed in another area ia Fridley, Mr. Harris stated in order Co do a study he would like a prior commitment to abide by the course of action suggested CouncZlman Utter asked if Mr. Haxris would be � in a position to speak for his entire group. He added, the Council cannoC commit itself if the groups represented could not commzt themselves. Mr. Harris suggested that if consultants were used, they should study a11 aspects o� both types of use, the community should then offer its support as a whole and r�r REGULAR COUNCIL MEETING OP D�CEMBER 1S, 1972 PAGE 27 not find fault with the consultants. Councilman greider suggested the Council , get the consultant's findings and evaluate them. Mayor Lieb1 summarized the discussion by stating no discussion should be made until June 1, 1973. MOTION by Councilman Breider to propose a course of action to take on June l, 1973, with some kind of time table so both sides know what the Council is planning Seconded by Councilman Mittelstadt i]pon a voice vote, a11 voting aqe, Mayor Lieb1 declared the motion carried unanimously. R�CII VING A LETTER FROM THE FRIDLEY WOMEN'S CLUB, SERVICE PROJECT OF PLANTING TREES ALONG UNIVERSITY AVENUE, DATED DECEMBER 16, 1972: �_ MOTION by Councilmatt Mittelstadt to receive the letter from the FrYdley Women's C1ub dated December 16, 1972, and to direct the Administration to work with the Pridley Women's Club with the planting of the trees. Seconded by Councilman Utter. Upon a voice vote, a11 voting aye, Mayor Lieb1 declared the motion carried unanimously. CITY HALL EMPLOYEE'S HOLIDAY Mayor Lieb1 said it is proposed that the City Ha11 employees receive a holiday either the day after Christmas or the day after New Year's Day. The City Attorney added the days off will be spltt up between the total number of employees and the offices would remain open both days. MOTION by Councilman StarwaLt to a11ow the City Ha11 Employees a holidy, one half ' to take that holiday on December 26, 1972, and the remaining half on January 2, 1973, with the City Hall to remain open. Seconded by Cbuncilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declare the motion carried unanimously, ADJOURN: MOTION by Councilman Mittelstadt to ad�our the meeting, Seconded by Councilman Starwalt. Upon a voice aote, a11 voting aye, Mayor Liebl declared the motion carried ananimously and the Regular Council Meeting ad�ourned at 12•OS A.M. Respectfully submitted, ��� �� f�.� �. ,�, Patricia E11is Frank G. Lieb1 Secretary to the C�.ty Council Mayor v. � 1