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02/12/1973 - 00016834c, �� PUBLIC HEARING MEE;iNG OF THE CITY FRIDLEY CITY COUNCIL - FEBRUARY 12, 1973 The Public Hearing Meeting of the Fridley City Council was called to order at 7.3�+ p.m•, February 12, 1973, by Mayor Liebl PLEDGE OF ALLEGIANCE Mayor Liebl led the Council and the Audience in saying the Pledge of Allegiance to the Flay ROLL CALL MEMBERS PRESENT MEMBERS ABSENT ADOPTION OF AGENDA: Nee, Breider, Starwalt, Liebl, Utter. None Added to Agenda: Mike 0'Bannon, proposal for City to receive park land in lieu of sewer Assessment. Item number 13 on agenda. MOTION by Councalman Nee to adopt the agenda as amended Seconded by Council- man Utter. Upon a voice vote, all voting aye, Mayor Libel declared the motion carried unanimously. 2 Mayor I_iebl called on the City Engineer to present the proposed final plat. The City Engineer said there is a service station on the west portion of the property and a small shoppiny center on the east portion. He added, the Planniny Commission had recommended approval of the final plat. Mayor Liebl asked if there were any questions or comments by the members of the Council. There was no response. Mayor Liebl asked if there were any questions or comments from those in the audience. There were no commemts. MOTION by Councilman Breider to close the public Hear rng on the proposed final plat P,S. �;]2-08. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the Public Hearing ciosed at 7:40 p.m. PUBLIC HEARING ON REZONING REQUEST ZOA 772-13 BY CITY OF FRIDLEY: PART OF OUTLOT H, GENERALLY LOCATE� ON THE NORTH SIDE OF I. 694 AND 8D0' WEST OF THE EAST CITY LIMITS, TO BE REZONED FROM R-3A TO C-2S: AND MOTION by Councilman Utter to waive the reading of the Public Hearing Notice. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liehl declared the mo U on carried unanimously ' � � �� 1 PUBLIC HEARING MEETING OF FEBkUr1RY 12, 1973 PAGE 2 Mayor Lie61 called on the City Engineer to present an explanation of the pro- � posed action The City Engineer said the request is to construct a sign which would 6e two sided, the City of Fridley using one side to welcome persons to Fridley, and Naegle Sign Company using the other side The City Engineer said the Planning Commission had recommended denial of both the rezoning and the construction of the sign Councilman Starwalt said he had heard there were ob�ections to ihe construc- tion of such a sign by the property owners He said he did have some questions Would the sign be a lighted sign� Would rt be an advertisirzg sign� He had heard it was to be a welcome to Fridley sign. He said he had many phone calls ob�ecting to the sign in a residential area. He added, not many of the callers were aware the Planning Commission had recommended denial of the proposal He added, when the plan was originally discussed he did not ihi�k they would be const��acting a ten by fourteen foot lighted sign He said the Ordinances do not allow construction of a+� advertising sign in a residential area and the people are aga�nst the ronstruction. Councilman Utter said he had received a call from the homeowner directly be- hind the proposed construction site He said if the sign were lighted, the lights would shine right into their bedroom windows He said the people were also concerned with the sign creating a barrier with Lhe sound from I 694 being reflected into the area. He said if the developer used one side of the sign and the City used the other, this might give them a foot hold for asking for additional signs � Mr. Roger D. Blohm, 1605 Berne Rd., Fridley, representiny the Innsbruck South Homeowners, said the president of the organization was una6le to aitend the Council meeiiny, and he would like to represent ihe group. He said the organization had reached an agreement concerning the proposal and they were against the construction. He said, they would not ob�ect to a small sign welcoming people to Fridley, but were notin favor of a ten by fourteen foot sign. He mentioned the current Federal a ction to try and controll the num- 6er of billboards, he added, action such as this would tend to allow a resi- dential area to become commercial. He said, he had not 6een notified of- ihe proposed action, that he had found out about the hearing by accidenL the past weekend. Mayor Liebl stated the purpose of the hearing was to find out what the people in the area want, he added, the record will state the Home Owners Association of Innsbruck South oppose this plan. Mr. Eldon Schmedeke, Planning Commission, said the members of the planning Commission voted three to two ob�ecting to this proposal. He said he would like to state some of the reasons for their action He said the proposal states that 30D square feet are to be rezoned to commercial, and the City re- quires 20,000 square feet for a minimum commercial site. He said, it is only }"DO feet from residential property, this is also contrary to the ordinances He mentioned the park land abutting the proposed sign, stating, he did not be- lieve it would beautify the park area. He said the residents rn the area would be forced to pass and look at the sign every day and those in the Community � would only pass the sign on occasion He said there are othersin the City who r¢ ^ ,, C, PUBLIC HEARING MEETING OF FEBRUARY 12, 1973 PAGE 3 inay wish to construct signs and commercial buildings on forty foot lots, and , if this proposal is approved, it would be difficult to deny others the same right. He said he had not been speaking for the rest of the members of the Planning Commission Mayor Liebl asked Lhe City Engineer if there had been some change in the State Code. The City Enqineer said yes, the new regulations state that signs must be constructed on indusin al or commercial property Mr Schmedeke said before the new regulations were passed, the City would have been able to con- struct the sign eaithout rezoning The City Engineer agreed, this would have been possible in the past Mr. R. B Redmond, 6208 70 Avenue N Minneapolis, 5542g, stated he was repre- senting the developer, Viewcon, and he was aware of the change in the state regulation. He said they would like to construct this sign, and Viewcon had agreed with Naegele to use one side of the sign to advertise. He said the s,gn would be perpendicular to the freeway and he quest�oned whether it would throw any additional noise to the south side of the freeway, Councilman Starwalt asked if the peop'e in the area within 300 feet of the sign had been notified of the Public Hean ng. The City Engineer said all those within the 300 foot of the proposed property had been notified. A member of the audience who said she was a resident of the area asked how many people were notified. Mayor Liebl said there was only one owner on one side, and that is Viewcon. He added on the other side is the freeway, I 69�}, he added , he did not believe there were any other prople involved The resident repeated her question and asked if any one lived within the 300 foot area? Mayor Liebl asked the City Engineer how many people live within the 300 foot area and how many people were notified� The City Engineer said there are homes on the south side of the freeway that are within 300 feet of the proposed sign. He said there were a total of five people on the south side of the freeway and the developer and his bank The City Engineer read the names of those notified. Mr. George Pagnucco, 1529 Berne Rd , Fridley, said he believed there were other considerations in this matter. He said the area people had purchased land 6ecause of the wooded view, the construction of the sign would detract from this view and bring down the value of their prnperty. He stated there is already one sign in the area. Mayor Liebl said the reason for the hearing was Lo determine if there were any ob�ections tu the construction of a sign similar to the signs on University and East River Road. Mayor Liebl asked if there were any inore persons wishing to comment. There was no response MOTION 6y Councilman Utter to close the Public Hearing. Seconded by Councilman Nee, Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously, and the Public Hearing closed at 7•59 PUBLIC NEARING REQUEST DN A VACATION REQUEST #7z-07, NORTHWESTERN BELL TELE- PHDNE COMPANY, TO VACATE NORTH/SOUTH ALLEY IN BLOCK 11, HYDE PARK ADDITION: AND � , PIJBLIC HEARING MEETING, FEBRUARY 12, 1973 PAGE 4 � RECEIVING COMMUNICATION FROM NDRTHERN STATES PDWER COMPANY: MOTION 6y Councilman Utter to waive the reading of the Public Hearing Notice Seconded by Councilman Starwalt. Upon a voice vo�e, all voting aye, Mayor Liebl declared the motion carried unanimously. The C rty Engineer said the property is between 59th and 60th streets and 2'—z and 3rd streets in Hyde Park. He said the Planning Commission recommended approval of the vacation if it were to include only the property under the control of Northwestern Bell Telephone Company He referred to the map in the agenda indicating the preliminary layout of the proposed building by Northwestern Bell Telephone Company. The City Engineer said the Engineering Department had received a letter from Northern States Power Company stating they had no ob�ections to the vacation of the alley as long as a permanent easement is granted on both the north and south s�des oi the property ena6ling them to serve their existing customers without relocating their present facili- ties. MOTION 6y Councilman Breider to receive the communications from Northern States Power Company and Northwestern Bell Telephone Company. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl asked the City Engineer if accord�ng to the preliminary building proposal, the vacations would be mandatory to comply with the Ordinance The � City Enginec;r said they wer'eand if they were to build the proposed 200,000 square foot building, they must vacate the alley to comply with the sei back regulations. Councilman Nee asked if the northwest corner of the block would be mar!<etable as commercial property. He said the residents of the area questioned the direction the building would be facing and the access that would be used, he added there was concern at increased use of the streets. He asked if the persons in the area wishing to add to or construct homes in the area in the future would be allowed to do so with the presert zoning Councilman Breider said they would be allowed to build on the lots, bul they must be notified that the land is commercial Mayor Liebl asked if there would be any variances in the frontset back on the block, and would any of the neighbor's views be blocked� The City Engineer said the set backs are uniform. Councilman Nee said the people of the area said they would like some expression from the Council whether or not the remaining lots in the 61ock should be zoned R-3 He said they were concerned at whether or not they would be able to finance the land through FHA if it is zoned commercial. Councilman Nee said they believed the present zoning was eiiininating the possibility of buying and selling residential property � �) ` t �� I� PUBLIC HEARING MEETING OF FEBRUARY 12, 1973 PAGE 5 Mayor Liebl said 99% of the people in the area had signed a petition request- � ing the area be zoned commercial. He added, there are some empty lots in the area and some older homes. He said the people are trying to deveiop the area, He added, there is a 20,000 square foot requirement for commercial 7ots. He said this requirement is enforced throughout Fridley Mr. L A Muggli-, 3228 Dupont Ave S., Minneapolis, said he was involved in the matter as he owned some land at the end of the block. Mr Muggli asked Councilman Utter if he was aware that one of the homes in the block did not F�ave a basement. Mrs. Jensen said Mr. Mugqli �Has talking abou"t their home , Mr. Muggli listed a number of ob�ects that are currently occu- pying the alley such as garbage cans, trailers, and a disposal 6unker. He said the alley is not open now. He stated he had friends in the area who had no ob�ection to the entire alley being closed, but those who are ob�ecting to the closing of the alley are the ones who have it closed at the present time. Mr. Muggli said he had made three trips through the area in the past few days, and assured the Council that ihere is no open alley. Mayor Liebl asked Mr. Muggli if he was in favor of the vacation� Mr. Muggli said he was in favor of vacating the entire alley, n�t �ust one portion, leaving two short sections of alley. The City Engineer said the only portion of the alley being used is that por- tion that is used for the apbrtment access to the parking lot the rest of the alley is completely closed, fenced, and impassible. Mr, Muggli asked if it � was closed legally� Mayor Liebl said it is platted or City property, and it is not closed. He asked Mr. Muggli if he was opposed to the vacation of the alley owned by the Telephone Company, Mr. Muggli said he was not opposed. Mr Alan Jensen, said he would like to clarify what Mr. Muggli was talking about. He said he did not bel�Fve the Telephone Compan; should construct a building in the middle of the block. He believed they should start at one end or another. He said he would not be opposed if they built on the end of the block. He said the plan would leave them two alternatives. One, Sell their property as commercial, and two, to sell as residential, He said they have no guarantee that they can sell for residential because they do not know if they can fina�ice through FHA or GI in a commercial area for a residential property He said he is faced with a problem, his home may become tno small for his family, should he sell or expand� Mr. Jensen said he could not afford to sell the home at a lo=,s or with zero prof rt only because he is boxed in by commer- cial development. He added, two of the property owners in the area have been approached by Northwestern Bell and the Telephone Company has options to buy their land. Another home owner has been approached and has been asked to con- sider selling to them if they do decide to sell. He said he hoped the City would not allow anyone to get squeezed in at the end of the block. He said it may end up to be two apartments and one home at the end of the block. � � PUBLIC HEARING MEETING OF FEBRUARY 12, 1973 PAGE 6 � Mayor Leibl asked when Mr. Jensen had purchased Lhe four plex� Mr. Jensen said he did not own a four plex, his home was a single family dwelling. He added, he had purchased the home from Mr. and Mrs Strand. Mayor Liebl asked if at the time of purchase he was told that the property was zoned commercial7 Mr. Jensen said they did not know it was commercial. He said they had obLained an FHA loan and there was a title search at that time and nothing was ever mentioned or found out about the rezoning He said this was in April of 1970 Mr, Jensen addecj some months later someone knocked on the door and told him he had commercial property. Mayor Liebl asked the City Engineer what date the rezoni,ng had been a�rproved The City Engineer said he could not recall an exact date as the matter had 6een discussed for so many years. Mrs. Jensen stated the date was May 4, 1970. She added, FHA was very explicit rn saying they would not guarantee a loan in commercial property She said they had confronted FHA asking why they had not discovered ihe zoning before they approved the loan on the property They said they had looked into it, but had not discovered the change. Mr. Jensen stated he opposed the plans proposed by Northwestern Bell because of the site and this was the only reason Mayor Liebl said the land is zoned and this can not be changed at the present time. Mayor Liebl said the �ensen's would not ob�ect if Northwestern Bell � were to purchase their property. Mr. Jensen said they should work with the rest of the property owners to see that no individual gets squeezed out of the development of the area. Mayor Liebl said this is the reason the commercial 6uilding musL face 3rd Street, the City ti�anted to make certain there would be a buffer zone between R-3 and the Commercial property He added it may be that in the future some- one will construct a high rise rn that area, this would be beneficial to the community. He said, if the building were to face 22 Street, it would destroy the entire effect of the ordinance. He said the C�ty can not force the Tele- phone Company to make some agreement with the Jensen's, If the Company ex- pands in that direction, they would negotiate at that time He said at the present time, the only i�tem that needs approval is the matter of the aacation. Mr. Jensen said the Mayor had mentioned a buffer zone, was this the same as a set back, he asked. Mayor Liebl said in a residential area the set back is 35 feet from the curb. He continued, in commercial property the City requires the same amount of area and parking facilities, as youhavein a commercial area he said to Mr. Jensen, this applies to your area. Mayor Liebl mentioned there are some elderly citizens in that area and they are willing to sell. He said, he was now talking on a big scale, or about a developer who would be able to buy a great deal of Hyde Park. He added, this was the reason for the ori- ginal rezoning request. � '� � ` � �^ � PUBLIC HEARING MEETING OF FEBRUARY 12, 1973 PAGE 7 Councilman Utter asked if there were a possibility of the Telephone Company acquiring more land in the area7 Mr. Dokken, of Northwestern Bell Telephone Company, said there is a definite possibil rty that they may want to acquire more land �n the next fifty to seventy-five years, but at the present time, the Company has acquired enough land to adequately provide for the building and any expansion. He said he was unable to say whether or not they would want more property in the future He said they d_id n_ot have any options on the property in the area, he said they had the tirst refusal on one home and they have talked to two other parties statinq if they sell their land, the Telephone Company would like to bid on it. He said if any other home owners in the area would like to sell in the future, the Telephone Company would look very hard at the proposal. Mayor Liebl asked if the people would receive a commercial price for their property. The Telephone Company representative said they would pay more than the residential amount. Mayor Liebl asked if when they purchase lots with houses on them, would they consider the fact,that the land did have a house on i� a�ry�i pay more for it. The Representative said they had paid more for the homes than they were worth. Mr. Dokken said the building would be there .for quite a few years, but they would not rapidly reach their capacity in space, there would be limited expansa.on. Mayor Liebl said it had taken two years to rezone the area to commercial. He said there were ob7ections to upgrading the area by the property owners. He said, the plans would not be effective immediately, it would take some years to develop the area. He said, they were in a position where they must enforce the zoning resitrsctions set by previous Council members. He added, he did not see much chance for future Councils changing the 2oning of the area. Mayoa- Liebl asked Mr. Dokken i£ the Telephone Company could give the property owners some assurance that they would consider purchasing t�eir land in the future. Mr. Dokken said there may be a possibility, but he was an employee and could not say for sure. Mr. Dokken said the Company was interested in having enough property in the area to take care o£ the expansion. He said this would be a large investment in buildings and macerials. Mayor Lyebl asked if this was the present plan. Mr. Dokken said it was. I3e mentioned there was 7ust a hand full of employees to be e�nployed at the switching station, and there was no need for a large parking lot. Mayor Llebl asked if Mr. Peka was present at the meeting. There was no response. Mr. Dokken of the Telephone Company said Mr. Peka would no longer be concerned about the issue as the Telephone Company had purahased his property. Councilman Starwalt said he would like to alert the people of the area not to look for some kind of large property settlement. Mayor Liebl said it would be possible for the remaining property owners of the area to combine their lots and receive varianoes on the property some time in the future. � � � 4 1, . 7 PTI3LIC HEARING MEETING OE FEBRUARY 12, 1973 � MOTION by Councilman Starwalt to close the Public Hearing. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion car.ried nnanimously and the Public Hearing closed at 9:08 p.m. PUBLIC HEARING ON SANITARY SEWER, WATER AND STORM SEWER IMPROVEMENT PROSECT #112= Page 8 MOTION by Councilman Breider to waive the reading of the Public Hearing Notice. Seaonded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl questioned if the proposed storm sewer would be adequate for the ultimate needs of the area in the future? The City $,7gineer said the plan met the standaxds of the past Council's, and he felt it was more than adequate to take care of the run o£f of the area. Mayor Liebl questioned the vaxiations in the size pipe beinq used saying, he did not understand why it started at 21 inches and continued down to 18, 15, and 12 inches. The City Engineer said the size had be2n increased to handle the additxonal ]�ack up ponding watex. Mayor L;�ebl again questioned whether this would be a permanent system. He asked, what would happen to the � water that has been directed intc� the pond, would it evaporate? The City Engineer explained the reason for the ponding as an attempt to create ponding and maintain the all around beauty of the area. He added, a certain amount of precipitation would be directed into New Brighton. Mayor Liebl said he was concerned because of the geological range of the area, would the people be assessed again some time in the future? He asked, would the pro�ect take care of the axea for the next fifty years? The City Engineer said there would be a possible double assessment if the presently planned poncling system was one that was not wanted by the people in the area in the future. He assured the Council that al1 those purchas�.ng property had seen the maps of the area with the ponding and natural wooded terrain, he did not believe there would be a change in the kind of area that wa5 desa,red. Mayor Licbl asked if there would be a legal problem if there were double assessments? The City Attorney saa.d there would be no legal problem, but there may be a political problem. The City Attorney asked if the Developer would be paying all the cost of the assessments? The City Engineer said at the present time he owns all o£ the property. The City Attorney said there is no guarantee that he will pay all of the assessments. The City Engineer said the developer may pay at the present time, but the cost would be divided between the individual property owners. The City Finance Director said this was true. � The Mayor asked if it would be possible to assess the individuals again� The City Attorney said if a definite need for the pro�ect would be shown and the people would benefrt, it could be done. Mayor Liebl suggested there may be a stormy City Hall if the people are assessed twice for the same pro7ect. The Mayor stressed, the City should not assess the people another $500.00 in two years. �.�, PUBLIC HEARING MEETING OP FEBRUARY 12� 1973 Page 9 The City Attorney said it would be possible to put some type of lahel on the assessment such as an interlm assessment. The Mayor said the Engineering department and staff should make this a matter of record. Counca.lman Utter stressed that some people may not like the ponding areas. He mentioned a man he knew that pu� in his own sewer and the City assessed him for it. He asked if this would be done in this area eventually. The City Engineer said it would be difficult for one Council to foresee what another Council is going to do. Mayor L�ebl asked if the ponding portion of the area was zoned R-3 or R-1? The City Engineer pointed the areas out on a map showing the ponding areas as being in both types of zoning. Councilman Starwalt stressed the need to inform the people of the concept being used and if they want a change ten years from now, what rt would involve. Councilman Brei4er said the lake is in existance at the present time. He asked the City Engineer if there are any lots abutting the lake at the present time. The City Engineer said there were. Mayor LZebl listed the various assessment charges £or each individual in the area, stating they may pay as much as $2,600.00. He said if the City would assess them again in five years, there would be trouble. Councilman Breider said the people in the area would be aware of the ponding and would want to purchase land in such an area. He saicl if they do en�oy this type of area they would have to keep the sewer system as it is now being planned. He added, this is what the people of the area want. Councilman Starwalt said some people have very short memories and they may forget sometime in the future that this was not a full system. Councilman Breider asked Councilman Starwalt if he was in favor of a closed storm sewer system. Councilman Starwalt said no. The City Engineer said all the sales of£ices show the ponding areas. An individual could not come back and say he did not like the area, as it is shown this way on all the maps. A representative from Viewcon said there is a$1,200.00 to $1,500.00 premium on the lots which abut the poncling areas. Mayor i,iebl said the City had issued a building permit to the developer and the area should be developed and there should be an adequate amount of money set aside for the pro�ect. After the developer has completed his work in the area, said Mayor Liebl, he will move on and the City will bear the brunt of the problem. The Viewcon Representative said the single family lots are without assessments because they do not know the amount of the assessment and the money was put into escrow. Councllman Nee asked the possibility of New Brighton some day being responsible to the City of Fra.dley. He said, could it be determined that one area would be in one part of the system and another in another area. The City Engineer said the Crty did have some responsibility to New BriglYton. He added, it would be possible to call part of the system lateral and some of it as main interception. Councilman Utter asked if it would be possible to check into the minutes of a previous meeting. He said, he recalled there had been a per lot assessment established for the area. The City Engineer said this was � � � '�) � PUBLIC HEARING MEETING OE F�BRUARY 12� 1973 � for the Rice Creek Road area and another project. Page 10 MOTION by Counailman BreideY to close the Public Aearing. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing ciosed at 9.32 p.m. CONSIDERATION OF AWARDING CONTRACT FOR W�109 (TABLED FEBRUARY 5, 1973): Mayor Liebl called on the City Engineer to determine the results of his investigation on awarding the bid. The City Engineer said there had been a great deal of difference in the amounts of the bids, he added, they ranged from $6,000 to $18,D00 for the pro�ect. He said he .felt the bid submitted by the ,7esse James Decorating Company had been 1ow at $6,400, and he wanted to be certain the bidder was competent and could do the work. The City Engineer said he had been in contaat with the bidder and, although, he had not done this type of work in the past, the work he had done was reported as competent by those who had obtained his services. The City Engineer said he recommended the awarding of the contract to the Jesse Jame5 Decorating Company. MOTION by Councilman Brelder to award the contract for water improvement pro�ect #109-A, painting of filtration plant No. 2 to the Jesse P. James Decorating Company in the amount of $6,400.00 to be wmpleted wrthin � 43 days. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #26-1973 - AUTHORIZING ADVERTISEMENT FOR BIDS. SIDEWALK SNOWPLOW (TABLED FEBRUARY 5, 1973): Mayor Liebl called on Councilman Utter to present the results of his investigation on the proposed plow. Councilman Utter said he had checked with a few people, some of them employees of the City. He said, i£ the Council wanted the names of those peopla he would furnish them. He said one employee in the department where the ,plow would be used, believed $9,000.00 was out of line for a piece of equipment that would only be used three months of the year. He added, machinery of this type would require additional maintenance i£ it would �ust sit most of the year. The City Engineer referred to the report in the agenda saying they had also consulted the people involved to get relative inputs. He said, the City of Fridley must first make a decision on whether or not to continue plowing snow. Secondly, he said, the City o£ Pridley must decide if it wants an efficient snow removal program. He mention�d several pieces of equipment have been purchased in the past that are too light to take care o£ the packed snow and it has involved too many manhours for the snow removal. He said, if we are going to plow the sidewalks, it will be necessary to purchase equipment that will do the �ob. With the preseni � equipment it may take as many as two to three days to clear the City's seven miles of sidewalks. The City Engineer said he had checked with a number of Cities and in Bloomington there are 100 miles of sidewalks that are plowed in eight hours with the proposed p1ow, in Burnsville the plowing is done in three hours, and in White Bear Lake, there are 20 miles o£ sidewalk and it is done in nine hours. ���� PUBLIC HEARING MEETING OF FEBRUARY 12, 1973 Page 11 The City Engineer said th� plow may be used for digging, minor excavation, alley snow plowing, the clearing of drainage ditches, and the plowing of parking areas. The City Engineer said Rusty Silseth and Les Chesney had signed a communication stating their views on the proposed plow. The City Engineer said Mr. Silseth as well as the street £oreman were present. Mayor Liebl said, the City must plow the sidewalks as they have agreed to do so. He asked Mr. Silseth if the proposed plow was track driven? Mr. Silseth said it was on a rubber track. Mr. Silseth said with light equipment, they can plow through the month o£ December without muah dif£iculty. He added, Sanuary through the end of the winter month is the problem time. Mr. Silseth said there is no place to put the accumulated snow. He added, the proposed plow is no miracle machine, i£ the snow were four feet high, it would not do the 7ob either. He added, he believed with a normal snow fa11, this would be a good machine. Councilman Utter said he would like to add a few more words. He said he had talked with Mr. Chesney, and Mr. Chesney had indicated the plow to be too expensive. Councilman Utter said that for the past two years the City had contracted the snow removal £rom the sidewalks for $400.00 per year. He said for two years, the pro7ect had cost only $800.00, and he could not see putting $9,OD0.00 into this machine. He said the life expectancy of the plow was expected to be ten to £ifteen years. Councilman Utter asked which of the statements in the communication were made by P1r. Chesney? He said it was impossible to determine which of the men were for the proposal and which was opposed. He said their are two signatures and many statements. The City Manager said a set amount had been budgeted £or a snow plow for the purpose of clearing the sidewalks. At this time, he added, the estimates were inaccurate and there has been a cost escalation. The City Manager said the 56,000.00 in the budget was not what the puk+lic works director had in mind to purchase a plow. He added, the �ob could not be done as rt is presently being done. He said, the public works department would like to complete the �ob adequately in the least possible time. He added, the present �ob is not what they would like to see continue, if the Council believes rt is adequate, there would be no need to purchase any equipment. Councilman Breider asked what was to ba done with the high banks of snow? Mr. Olson said they did have a Cub that operates at the top speed of five miles per hour and it is not able to plow the snow at this rate of speed. He added, this speed can be obtained on dry pavement� not while plowing. He said, the proposed Bomhardier will operate up to 25 miles per hour enabling it to move the snow farther from the sidewalks and the banks will not build up so high. With a faster machine, he said, the snow can be thrown off the plow. Councilman Starwalt asked where the seven miles of sidewalk were located and questioned how rt cane about that the Citp is responsible for the plewing of the sidewalks? The City Engineer said the City had worked with the School Board in the areas were there is heavy traffia and the children must wa�k to school. He said at this time the length of sidewalks � � � J�', PUBLIC HEARING MEETING OF FEBRUARY 12, 1973 Page 12 � installed is seven miles_ He li5tec3 some o£ the areas as along Osborne Road and Mississippi Street. He said, at the time this was proposed, there was some opposition from the citiZens as they would have to plow the side- walks sq the City agreed to take care of the plowing. Councilman Nee asked if there were a hazard to the children witla the increased speed of the proposed plow? Mr. Silseth said they have been doing the plowing around the schools before the children go to school and working on the areas where there are no ahildren the renainder of the day. Councilman Utter asked if the plow were fast enough to throw the snow, what would the City do when the number of people complaining o£ the snow being thrown up onto their pxoperty increased� Will the City be forced to buy shrubery for the people too� Mr. Olson said at the present time, the plow moves so slow that the snow is not removed from the sidewalk, it �ust follows the plow. Council- man Starwalt asked if the plow could be leased for one year? The City Manager said he and the City Engineer had met with a representative from the Company that morning. He said, tha.s is a sp°cialized type of equipment and it is not the type of equipment that can Le leased. He said the � manufacturer provides the equipment if ordered. Mayor Liebl said the plow could be used on the Crty ice rinks, and to move dirt, and if it has enough force, it can be used in two to three other ways. MOTION by Councilman Breider to adopt Resolution #26-1973 and advertise for bids for a sidewalk snow plow. Seconded by Councilman Nee. Upon a voice vote, Stanaalt, Liebl, Nee and Breider voting aye, Utter voting nay, Mayor Liebl declared the motion carried four to one. Councilman Utter said he believed the Council was defeating its own purpose. He said they had spent a areat deal of t�.me working on cutting the budget and only allowing the sum of $6,000.00 for the plow. He said he believed it to be ridiculous to deliberately cut the budget down by $4,000.00 and turn around and spend the total amount anyway. COMMUb3ICATIONS REGARDING COMMUAiICATIONS FROM MINL3ESOTA DEPARTMENT OF MILITARY AFFAIRS CONCERNING NATIONAL GUARD UNITS fTABLED I'EBRUARY 5. 197 Mayor Liebl said the letter asked Fridley to evaluate the possibility of establishing a Fridley National Guard Unit. Mayor Lieb1 suggested the Council refer the item to the Planning Commission for theix study and recommendations• � �IOTION by Councilman Starwalt to refer Major General Moeglein's letter and request to the Planning Commission. Seconded by Coti�ncilman Breider. AMENDMENT TO THE MOTION made by Councilman Nee that the City Manager contact Ma�or General Moeglein requesting additional in£ormation on the size, type and locatiion of suitable property for this proposed unrt. 1;,:� PUBLIC HEARING MEETING OF FBBRUARY 12� 1973 Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carriecl unanimously. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the original motion carried unanimously. DISCUSSION REGARDING PROPOSAL EOR FRSDLEY VOLUNTEER FIREMEN'S RELIEE ASSOCIATION: Page 13 The Crty Manager said a proposal had been submitted to himsel.f and the Council by the Fridley Firemen's Retirement Plan A5sociation. He said he had met with Nir. Robert Aldrich and members of the Association and he was not prepared to reach any conclusions at the present time. The City Manager said Mr. Aldrich requested the Council receive the communications at the present time. Mayor Liebl said there was a letter stating the certain changes and listing the costs, also a letter from Stennes and Associates, dated December 21, 1973. Mayor Liebl suggested the Council meet with Mr. Aldrich and a delegation from the Fire Department and discuss the ways and means o£ a possible solution. Mayor Liebl commended the Fire Department as being the most efficient Department financially, adding they provide many services. The City Manager said he would like to pursue his negotiations with the Pension Assoiation and if no decisian is reached, the Council could meet wiih the members and he would make recommendations to the Council at that time. He suggested negotiations such as set up with �hhe Police Pension Association. MOTION by Councilman Utter to receive the communications. Seconded by Councilman Sreider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mr. Robert Aldrich, Pension Association, addressed the Council. He said the Association was not about to resolve the plan that night, but he asked if he might present the Council with some additional in.formation. He stated, the p:.an had been completely funded according to the Guidlines Act of 1969. He said it would be nice to spend six months on the plan, but time did not allow this as it must be submitted to the legislature as a bill within the present session. He said he agreed with Mr. Davis in that they should have additional meetings with Mr. Davis and his staf£. MOTION by Councilman Breider to authorize the administration to meet with the Pension Association to determine a possible plan and return to the Council with a plan if rt is obtained by the first meeting in March. Seconded by Councilman Nee. Mayor Liebl asked the City Manager if it would be possible to present the Counca.l wa.th a plan by the first meeting in March? The City Manager said it would be possible. Mayor Liebl asked the City Attorney if he could prepare the bill to be submitted to the legislature within a few deys after the Council approval � � � 1�., � PUBLIC HEARING MEETING OF FEBRUARY 12, 1973 Page 14 � of the plan. The City Attorney said this would be possible• UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING ANNUAL FINANCIAL REPORT OF THE FRIDLEY POLICE PENSION ASSOCIATION FOR THE YEAR ENDED DECEMBER 31� 1972: MOTION by Councilman Utter to zeceive the financial report. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. DISCUSSION ON HOUSE FILE 295 (S.F. 365J AMENDING THE PUBLIC EMPLOYMENT LABOR RELATIOPI5 ACT OF 1971: The City Manaqer said he had met with Burke Rayr�ond on the first hearing of the bill. He sald the past Saturday some of the Councilmen and himself had met with the Lega.slators of the area and David Kennedy had prepared an alternate bill that was discussed at this time. He said he was not suse a1l the memUers of the Council had a chance to review the bi11, but there was not much time fox delay as the nexi hearing would be held the next morning. The City Manager said the Ac� attempted to give public employees the rights given to pxivate employees in the labor relations field. � He said the Aouse File 295 tended to give too much to the public employees and their powers of reasona.ng. He said, 295 does make some changes by strengthing some points and leaving deficiencies in other areas. Mayor Liebl suggested submitting the alternative bill to the two legislators from the district and ask;.i�g them to look at it_ The City Manager stated some o£ the reasons why he bel�eved the House File 295 should be substituted by the alternative bill. Mayor Liebl asked the City Manager if he believed there would be pitfalls in the House File 2a5's acceptance? The City Manager 5aid yes, if the bill were adopted and not amended. MOTION by Councilman Breider to adopt Resolution ,�25-1973. Seconded by Councilman Utter. Upon a voiae vote, all voting aye, Mayor Liebl declared the motion carried unanimously. COMMUNICATIONS: VILI�AGE OF MOUND5 VSEW: VILLAGE OF NEW BRIGHTON VS. METROPOLITAN COUNCIL ET AL: The City Attorney said in general he did not believe the Council of Fridley shared the concern with the Council £rom Mounds View. He added, he believed, the City should indicate they are willing to support the position o£ the Metro Council and provide witnesses, but he did not believe it was necessary to spend the amount of ineney that had been stated. � Councilman Breider said he believed there is already a great deal of involvement with law suits over the sewer. Ae did believe the City should give some support to the Metro Council in opposition to ITew Brighton in the suit. Mayor Liebl said he thought this would be in the best interest of the City, but he did not want to spenfl money on the pro7ect. � x� � PUBLIC HEARING MEETING OF FEBRUARY 12, 1973 PAGE 15 MOTION by Councilman B�eider to author rze the City Manager or the City Engineer to serve as witnesses for the Metro Council in support of their position Seconded 'oy Councilman Nee Upon a voice vote, all vating aye, Meyor Liebl declared the motion carried unanimously HENNEPIN COUNTY LEAGUE OF MUNICIPALITIES• THEIR POSITION IN REGARD TD THE METROPOLITAN COUNCIL � � � � MOTIDN by Co,�nr_ilman Nee to receive the communication Seconded ,`�y Councilman Utter. Upon a•✓oice vo�e, all voting aye, Mayor Liebl declared the motio,� carried u��animously. MIKE 0'BANIdON - PROPOSAL FOR CITY TO F,ECEIVE PARK LAND IN LIEU OF SE'�JER ASSESSMENT: Mayor Liebl called on Mr. Mike 0'Bannon to present his proposal to the Council. Mr. 0'Bannon addressed the Council saying he had met with the City Manager and the City Enyineer the previous week and had presented his proposal to them at that time. He said, his proposal was to dedicate property to the City, as park land in lieu of storm sewer assessments. Mr. 0'Bannon said he had ueen told that the assessments in his second addition would be approximately $800 00 per lot and they had previously discussed assess- ments of $300.00 for the lots in Innsbruck. He said, he did not think he vaas being treated equally. Mr. D'Bannon explained the area to be about two and a half acres with a big catch hole basin. He said, there were about seven lots included in the area and most oi those lots are worth approximately $3,OOD.00 bef�re the utilities installation. He said the total amount of the area would be about $21,000.00 and he was willing to deed the land to the City in lieu of future storm sewer assessments in the area, plus the City paying him $5,000.00 for the property. Mayor Liebl said he believed the Second Ward Councilman should take a look at the area He asked, as this procedure has not been followed in the past, how could the City not assess for a storm sewer� Mr. 0'Bannon suggested allowing him an $800.00 credit per lot. Mayor Liebl said he did not know if the City could do this Mayor Liebl asked if it would be possible for Mr. 0'Bannon to give the City land for money� The City Engineer said the storm sewer in the Inns6ruck North development was partially constructed by Viewcon, this is the reason for the assessments being lower. Mr. 0'Bannon said he lives in Marion Hills, and he was assessed $100.00 ior a storm sewer, and along came Columbia Heights and put in a dam, and he was assessed twice. Mr. 0'Bannon added, there is no pro�ect designation in this area, he said, he was only asking for some consideration. Mayor Liebl said he would like the Ward Councilman to look at the land. He s��d, he did not believe they could settle the item that evening. � � � l�'� PUBLIC HEARING MEETING DF FEBRUARY 12, 1973 PAGE 16 1 Mayor Liebl asked if Mr. 0'Bannon had registered the land7 Mr 0'Bannon said he could not register it as the City Manager had not signed the plat The City Managersaid he believed this matter should be worked out before it is signed. � The Mayor added, Mr. 0'Banno� must ha�e land to drain the run off water and h� is proposiny providing that land. Mr. 0'Bannon asl<ed if $800.00 on his property and $300.00 on the Viewcon property per lot is a reasonable assessment. He added, he was willing to give the City all of the land for $5,000.00. The C rty Engineer said this could be a permanent solution for the drainage of the surrounding area if the Councii wanted to adopt this system He said it is a large area with a low area w rth the drop of about 60 feet. He added, there would never be enough water to overflow the area Mayor Liebl asked if the Metro Council would penalize the City for such an ac- tion� The City Engineer said he did not believe so. He said ihe Metro Gouncil does approve of this concept of providing the ponding areas rather than drain- ing all the land into the creeks. The City Engineer said Mr. 0'Bannon's proposals are, one, the City pays him $5,000 00 for the land, two, allow him to drain the area in the pond, three, give him $800.00 credit per lot that is draining into the pond. Mr. 0'Bannon said the $5,000.00 could be paid to him the next year. The City Attorney said there would be no problems in 6uying the land for Park land, but he believed the Park Commis5ion should be made aware of the proposal Councilman Breider asked where the water would be going? Mr 0'Bannon said it would be drained into a gravel pit. The City Engineer said at the present time the area is all sand. The City Attorney suggested the Councilmen of the Ward and the Councilman at Large look at the land and approve the plans Mr. D'Bannon asked if any municipality can levy an assessment before the land is developed. The City Attorney said the muniu pality can require a developer to put money in escrow to cover the assessments 6efore the land is platted He said, money to cover the streets, water and sewer could be included in this, and also the probable cost of the storm sewer The City Attorney said in his opinion, there would be nothing wrnng in this procedure The City Finance Director said he did not think he was understanding the entire proposal. He mentioned he did understand the City was to give Mr. 0'Bannon $S,OOD.OD for the land, but he asked where the $800.00 credii would be coming from� He asked how can the City give Mr. 0'Bannon credit for the assessments on the land if the City was to buy the property Mr. 0'Bannon said the prop- erty is worth $21,D00.00, and he said he had been selling the lots for $10,000.00 per lot, and $5,000.00 before improvements. � Councilman Breider asked how many of Yhe lots are below the water level7 Mr. p'gannon sa�d there are no lots 6elow the water level. He said, the low area is a gravel pit that is 16 feet deep ,,:� i �d� PUBLIC HEARING MEETING OF FEBRUARY 12, 1973 PAGE 17 Councilman Starwalt asked where the seven lots were. Mr. 0'Bannon and the ' members of the Council discussed the location of the lots at the map. Mr. 0'Bannon said he would give Lhe City two and a half acres and a 25 foot easement for a road. He added, this area would make a very nice neighborhood park. Councilman Starwalt asked Mr. 0'Bannon what work was to be started the follow- ing Monday that would force the Council to approve or deny the proposal before that time. Mr 0'Bannon said there was no work to be done on the proposed area, he added, he wanted to do some work on the other areas before the road restric- tions were in force. Mayor Liebl said he had no ob�ections to the plan, but feared setting a preci- dent. He asked if the City would be required to maintain the area, and Mr. 0'Bannon said yes, this is why he had proposed giving the City an access. Mayor Liebl asked what other elements would have to be considered in the draining. Mr. 0'Bannon said there is a possibility the drainage area could be filled 6y silting. The City Engineer said 'u� the City was thinking of having a ponding system to take care of the drainage, this plan would take care of the surrounding area. He said, any property that would be drained rnto the pond would not 6e part of the overall assessed pro�ect. The pond will take care of the drainage and there would be no future pro�ect in that area, he added. He said, then the individuals in the area would only be assessed the difference. Mayor Liebl suggested a letter be drawn up protecting the City so the deveioper � or property owners will not make demands in the future. The City Attorney agreed, there should be a detailed list of obligations between the City and the property owners. Mr 0'Bannon suggested the easements be placed in the agree- ment. The City Attorney asked Mr. 0'Bannon if on closing he would deliver warrantee of deeds� Mr. 0'Bannon said yes. Councilman Utter said there is no road into the area at the present time. Mr. 0'Bannon said he would put a road into the area and bulldoze that portion of the land at the same tim� allowing the City access He added, he could not develop the road until the Chies property is developed. Mayor Liebl asked if the C rty would be left holding the bag after the land is developed. He added, what guarantee would the City have that the people would not demand a storm sewer pro�ect� He asked, if it were possible to incorporate th i s i nto the agreemE;nt7 Councilman Utter asked if the drainage area is visible to tF�e entire area� Mr. 0'Bannon said it can only be seen from one lot. Councilman Utter asked how the children would get rnto the park area7 Would they have to go through someone else's property, he questioned. Councilman Starwalt suggested Mr. 0'Bannon outline in detail what the proposals on the plan would be in writing and as soon as possible. He said he did not believe ne was prepared to act on the proposal at the present time, ' � �'� � PUBLIC HEARING MEETING OF FEBRUARY 12, 1973 PAGE IS � Councilman 6reider asked Mr. 0'Bannnn why he did not develop the entire area and use the area to dra m the land without giving the land to the City? Mr. p'Bannon said this was a possibility Councilman Utter said Mr 0'Bennon could construct his own sewer pro�ect and the City Would give him credit for the p ro� ect. The City Enyinee-,r said the $800.00 would be assessed when the building sta�ts, he asked Mr. 0'Bannon if he was about to start building in the area7 Mr. 0'Bannon said he had sold two of the lots, but he did not know when the building would start. Mr. 0'Bannon asked why he had not been charged the same amount as all the others in Fridley, he added, he is no different than anybody else Mr. 0'Bannon said the City had come around and said the amount would be "X" number of dollars, he questioned the reason for this. The City Engineer suggested Mr. 0'Bannon go ahead with the consiruction of the utilities that he is planninq now and the Councilmen of the Ward, the Councilman at Large, and the Park Board woiild review the land and the plans. Mr. 0'Bannon questioned the purpose of preparing a proposal aFter the land is reviewed. Councilman Starwalt ,aid he thought Lhe Council should reconsider the proposal in two to three weeks time. Councilman Breider asked if Mr. 0'Bannon was concerned with action because of � his planned work� Councilman Starwalt said Mr 0'Bannon said, whether the Council would approve his proposal or not had no bearing on the work to be started the following Monday Mayor Liebl suggested Mr. 0'Bannon yo ahead and start the work and submit a written proposal to the City. MOTION by Councilman Utter to receive the communicaLion from Mr. 0'Bannon. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Lie61 declared the motion carried unanimously. BERNARD ROTTER, PRESIDENT, CASTLE MOBILE HOME, INC „ REQUEST FOR REZONING FROM P-D TO R-1, BOURDEAUX'S SPRING BROOK ADDITIDN. Mr. Bernard Rotter addressed the Council requesting a zoniiig change from P-D to R-1 in the Bourdeaux's Spring Brook Add rtion, He said there are presently two homes in the development and there have been some lots sold, and in order to continue the residential development, he was requesting a zoning change He said the land had been zoned P-D, Planned Development, by the previous owner, Mr. �umphy. The City Engineer said Mr. Dumphy is no longer the owner of the property. The City Engineer said some of the land had been approved for mulLiple and some commercial. He added, in order to change the zoning, the developer would have to go through the same process aga rn. � 1 �� PUBLIC HEARING MEETING OF FEBRUARY 12, 1973 PAGE lg Mayor Liebl asked the City Attorney if it is possible to construct home in an area zoned p-D The City Attorney said it was possible, Mayor Liebl asked the Ward Councilman Breider if he had any o6�ections to the proposed zoning change and residential area? Councilman Breider said he was all for property in that area. Mayor Liebl suggested Mr. Rotter work with the administration and come 6ack to the Council for approval of the plan at the next meeting. Councilman Nee said he believed the plan a good one. The City Attorney said there should be some sort of formal communication pursuant to the Ordinance, if single family dwellings are to be placed on the plats of land. MOTION 6y Councilman Nee to permit construction of single family dwelli�gs on lot 4, Block 2, Bourdeaux's Spring Brook Addition, and lot 9, Block 2, Bourdeaux's Spring Brook Addition, sub�ect to approval by the Inspection Department, stipu- lating further construction sub�ect to a complete plan being submitted on the development plan and approved prior to any further construction. Seconded by Councilman Breider. Upon a voice vote, Liebl, Nee, Breider, Startwalt voting aye, Utter abstaining, Mayor Liebl declared the motion carried. MOTI:.N by Councilman Nee to ad�ourn the meeting. Seconded by Councilman Star- walt. Upon a voice vote, all vot rng aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing Meeting of February 12, 1g73 ad�ourned at 11:30 p.m Respectfully submitted, �-��.-�.J �,."__` Patricia Ellis Secretary to the C rty Council �y,__ .__t' �I�k�• f.iYV Frank G. Liebl, Mayor � � L'