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05/14/1973 - 00016552b `3 S THE MINUTES OF THE PUBT,IC HEARING OF THE FRIDL�Y CITY COUNCIL PAG� 1 MAY 14, 1973 The Public Hearing Meeting of the Fridley City Council was called to order at 7•39 p.m , May 14, 1973, by Mayor Liebl. PLEDGE OF ALI.EGIANCE; Mayor Liebl led the Council and the Audiance in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: IItter, Nee, Breider, Starwalt, Liebl. ME116ERS ABSENT: None ADOPTION OF AGENDA: Mayor Liebl added the following items �o the agenda; Proclamation - Poppy Day, 1973. Communication - Estimate from Brau��r and Associates Telegram to Governor concerniag House Fi1e 295. MOTION by Councilman greider to adopt the agenda as amended Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayar Liebl declared the motion carried unanimously. PROCLAMATION; Mayor Liebl read aloud the proclamation proclaming Friday May 18, 1973, as Pappy Day as requested by the Fridley VFW Post 363. MOTION by Councilman Utter to approve F�iday, May 18, 1973 as Poppy Day. Seconded by Councilman Nee. IIpon a voice vote, a11 voting aye, Mayor Lieb1 declared the motion carried unanimously. ITEMS TABLED FROM MEETING OF MAY 7, 1973; CONSIDERATION OF REQUEST FOR VARIANCES AND BUILDING PERMITS FOR PACO MASONRY, INC „ 7838 ELM 51REET AND 7880 MAIN STREET: MOTION by Councilman Breider to approve the variance at 7880 Main to reduce the front yard set back for off street parking from 20 feet to 13 feet, to reduce the rear yard set bacFc from 25 feet to 1.4.5 feet and to reduce the side yard set back from 20 feet to 0 feet and for 7838 Elm approve the variance to reduce approve the variance to reduce the rear yard set back from 25 feet to 24 S feet and the side yard set back from 20 feet to 0 feet. � Seconded by Councilman Utter.- Upon a voice vote, Breider, Starwalt, Liebl,and Utter voting aye, Nee voting nay, Mayor Liebl declared the motion carried. �� Pi1BLIC HEARING MEETING OF MAY 14, 1973 PAGE 2 MOTION by Councilman Breider that building permits be granted with the stipulation � as outlined by the Building Standards Design Control Subcommittee and stating the applicant continue to work with the City on the development of the alley and submit a signed agreement to such work. Seconded by Councilman Utter. Upon a voice vote, Breider, Starwalt, Liebl and Utter voting aye, Nee voting nay, Mayor Lie61 declared �he motion carried. CONSIDFRATIUN OF A VARIANCE REQUESTE➢ BY JAMES ALLEN, 1541- 60th AVENUE N. E.: Councilman Starwalt said after going into the area and meeting with the area property owners he had found out there is considerable opposition tQ the approval of the variance. He said he thought the variance should be denied to separate the lot.lines. MOTION by Councilman Starwalt to deny the variance requested by James A112n Seconded by Councilman Nee. Councilman Utter said he was awaxe that the construction would be close to the lot 1ine, hut he believed Mr. Allen should have a chance to improve his property. Councilman Breider said the Council had established a policy on variance matters and they only granted the variances when there were no ob�ections from the area property owners. He said he would have to go along with Councilman Starwalt and ' suggest denial of the variance. UPON A VOICE VOTE ON THE MOTION, Breider, Starwalt and Nee voting aye, Utter and Liebi nay, Mayor Lieb1 declared the motion carried �hree to two and the motion carried for denial of the variance requested by Mr. James Allen. CONSIDERATION FOR A BUILDING PERMIT REQUEST BY BURLINGTON NORTHERN FOR LIGHTING THEIR CLASSIFTCATION YARD; The City Engineer said a11 of the lights are in the center portion of the yard. He said the engineering Departmenthad some displays of the planned lighting. He pointed out the beams of the light represented by the yellow portion on the drawings saying they wi11 all shine below the cregt of the berm. He said there was a signed agreement that there shall be no lights shining directly towards private property. Councilman Breider asked how the lighting would affect the people in the area if it was shining half way up the berm. The City Engineer said it would not shine directly in their eyes. ' _ Councilman Starwalt asked the height of the towers. The City Engineer said there are eleven towers, two of them are 120 feet and the remainder are 100 feet. The City Engineer said there are 4 existing towers in Fridley that are 100 feet. MOTION by Councilman Nee to concur with the recommendations of the Building � Standards-Design Control Subcoa�ittee and approve the building permit with the stipulation that zf any shield on a light becomes destroyed or inoperable, the light will not be used until a new shield_is installed. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried. � � PUBLIC HEARING MEETING OF MAY 14, 1973 RECEIVING 11 30 A.M. Company Va11ey Rich Company, Inc. 907 Porter Lane Rosemount, Minnesota 55068 Minn-Kota Excavating 34D1 - 85th Avenue No. Minneapolis, Minn. Par-Z Contracting, Inc. 6544 Hickory Street N. E. Fridley, Minn. 55432 Northdale Construction Co., Inc 8208 Northwood Parkway Minneapolis, Minnesota 55427 Nodland Assoc , Inc. Box 48 Alexandria, Minn. 56308 C. S. McCrossan, Inc. Osseo Minnesota 55369 Walbon Excavating Company 3242 Highway �k8 Minneapolis, Minn. 55418 T FOR SS&SW IP112 Base Bid $ 80,288.10 85,849.80 89,400.95 78,605.50 99,478 50 110,545.45 109,545.50 PAGE 3 OPENED MAY 7. 1973 Alternate to Base Bid No Addition or Deduction Deduct $2,769 00 Deduct $1,310.00 Deduct $2,509.00 Deduct $648.00 Deduct $3,814.00 Add $430.00 The City Engineer said this is the second phase of Innsbruck North and involves the residential area Mayor Liebl asked if the work would be done by Northdale Construction Company� The City Engineer said yes. He added the later portion which is listed in the alternate to base bid should be deleted from the total contract price of $76,096.50. MOTION by Councilman Utter to receive the bids and award the contract to Northdale Construction Company, Inc., 8208 Narthwood Parkway, Minneapolis, Minnesota 55427, for SS&SW ��112, in the amount of $76,096.50. Seconded by Councilman Starwalt IIpon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously CONSIDERATION OF APPOINTMENTS TO BOARD OF APPEALS AND ENVIRONMENTAL COMMISSION: � MOTION by Councilman Nee to table the appointments to the Board oi Appeals and Environmental Quality Commission until volunteers can be found Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. PUSLIC HEARING MEETING OF MAY 14, 1973 PAGE 4 E� c. PUBLIC HEARiNGS � PUBLIC HEARING ON STREET IMPROV�MP�NT PROJECT ST. 1973-1 AND ST. 1973-2 (ADDENDUM {,E2). MOTION by Councllman Utter to waive the reading of the Public Hearing Notice. Seconded by Councilman Breider Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously, and the public hearing opened at 8:10 P M. 61ST AVENUE: STARLITE BOULEVARD TO MAIN STREET (MSAS) STARLITE BOULEVARD 615T AVENUE TO SYLVAN LANE (MSAS) SYLVAN LANE STARLITE BOULEVARD TO JUPITER DRIVE The City Engineer pointed out the area on the map and said there had been a petition submitted for the improvements on Starlite Boulevard. He said 61st and Sylvan Lane had not been petitioned and the people should have a chance to have this approved. The City Engineer said the cost per foot on a front yard assessment would be $10.97 and the side yard assessment would be $1.61 per foot. Mayor Liebl asked if this would complete the street improvement pro�ect in Sylvan Hills Plat� The City �ngineer said this would bring all of the streets up to standard in this general area. Mayor Liebl mentioned that Mr. William Zurby, 145 Sylvan Lane, always had a lake in front of his home The City Engineer said one of the reasons for this is that there is no curb in the area, after its contruction, there will be better drainage. Mayor Liebl opened the hearing for the comments of the people present. ' Mr. Edward Wetterberg, ll5 Sylvan Lane, questioned the type of curbing to be installed in this area. The City Engineer said there is existing blacktop curbing and portions of it will be redone and concrete installed. Mr. Wetterberg asked if this curbing wzll meet the blacktop curbing on the south side� Mr. Wetterberg said his driveway was in that area, and the curbing was not finished. He said the curbing started to fall apart. He said he thought the City should construct concrete curbing on both sides. The City Engineer said the curbing could be put in as far as Mr. Wetterberg wanted, because he would be paying for it. Mayor Liebl asked Mr. William Zurbey, 145 Sylvan Lane, if he had an opa.nion on the installation of the curbing� Mr. Zurbey said he would like to see curbing in the area. He said he would be in favor of what his neighbors wanted He added, there is a problem with the street and he was in favor �f curbing. Mr. Wetterberg asked if the width of the street would be increased? The City Engineer said the blacktop would be the same width and the curbing would be added onto this. He said it would be a llttle wider, or be as was done on .Tupiter, Trinity and Comet Lane. The City Engineer said the City did not intend to take down the trees zn the boulevard. Mr. Wetterberg asked if the $10.97 would include the cost per foot of the street � and curbing. The City Engineer said yes and also the cost of minor storm sewer installation. Mr. Wetterberg said the residents of the area had already paid for the storm sewer. The Clty Engineer said the cost would be for the installation PUBLIC HEARING MEETING OF MA.Y 14, 1973 PAGE 5 � of catch basins so the drainage would be all taken care of. Mr Wetterberg asked where the catch basins would be installed. The City Engineer said they would be an extension of Comet Lane and there would be two to three installed to catch the water. A resident of the area stating she resided on the corner of Trinity ➢rive and 61st asked if the road would be extended the same width as 61st? The City Engineer said no, there would be no sidewalks, �ust a roadway The residents asked what side this would be on and the City Engineer said it would be both sides. Mayor Liebl said there are improvements needed in that area because the sand washes down. A resident of the area living on the corner of 61st and Starlite asked what would happen when the curbing is installed in front of the three empty lots on 61st, would it have to be torn up again when they are built on? He asked if the street would have to be taken up when the utilzties are put into the homes? The City Engineer said it is the policy of the City to install all of the necessary utility lines before any permanent improvements are done to the street. The resident asked what the $1.61 side yard assessment was for? The City Finance Director said on the east side of Starlite the people would pay $10.97 per Loot frontage rate and 1/3 of the side frontage. He said everyone helps pay for some- one on the corner lot in a normal subdivision. He said the people will pay a sideyard assessment. � Mr. Myron S�ostrom said he had a water problem in his garage caused by the water running from the street, would this be taken care of� The City Engineer said the City would try to meet the driveways in the existing areas. He added, the City would do what it could to eliminate problems such as this, but reminded the man that the ma�ority would rule in a case like this. The City Engineer pointed out the second area to be discussed for improvements and said this included the following area: 68TH AVENUE: RICE CREEK TERRACE TO 7TH STREET 7TH STREET: 67TH AVENUE TO 68TH AVENIIE 7TH STR�ET. MISSISSIPPI STR�ET TO 67TH AVENUE The City Engineer said these were the only streets in the area that had not been approved He said the City had entered into an agreement that the drainage problem in the area of the Reidel property will be taken care of He said this agreement would eliminate the need for additional sewer lines He said now the City can proceed to put in the remaining street improvements He added, the underground utilrties are complete and the street improvement can be made The City Engineer said the front assessment for each foot will be $11 29 and the side yard amount $1.96 per foot. He said, again, this included the curbing and pavement with no storm sewer costs except for the catch basins. , Mayor Liebl asked if the agreement for a drainage system in the area were used, would it still be mandatory for the City to install a big sewer main going into Rice Creek� The City Engineer said there would be no change in the piping from Mississippi Street to Rice Creek. The existing utilzties would be used He added, the only change would be south of Mississippi Street. PUBLIC HEARING MESTING OF ML�Y 14, 1973 PAGE 6 Mayor L1eb1 opened the hearing to the people of the area. � Mr. Joseph hiikre, 6756 7th Street, asked if the water table on 67th Avenue was capable of carrying the runoff water as the City was claiming. The City Engineer said there is an extsting storm sewer pipe in 7th Street and if the ponding area on the property east of City Hall zs created, it will take care of this. Mr. Liebl asked Pir. Mikre if he was for or against the improvements. Mr. Mikre said he was mostly in favor of the pro�ect, but thought the ground structure was creating the problems at the present time. Mr. Donovan Schultz, 15 Rice Creek Way, said if the watez was to run off into Rice Creek, precauY_ions must be taken so other fill will not be gozng into Rice Creek. Mr. Richard Kemper, 6736 7th Street, said the area resembles a small lake. He said he was in favor of the improvements. Mr. Kemper sazd they are dealing with a cost factor and the costs will continue to go up. He said at the time the improvements were installed in the Rzce Creek area, they cost about $6.50 per foot, now the costs have gone to $12 per foot. He said this has forced the property owners to pay an additional $5.50 per foot. Mr. William Knoff, 6776 7th Street, said he lives on the corner. He said he agreed with the statements made by Mr. Kemper. He said he would like to see the street improvements go in. He said he also recalled the time when the City was � to put 1n sewer and water, he said if there is further delay, the property owners will pay more. Mr. Davld Richter, 6746 7th Street, said he was in favor of the improvements if the lake would be eliminated. Mr. Lief Henrikson, 495 Mississippi Street N E., asked if the street and curb are put in, would the City take it up again to put in a storm sewer in three years� He said there are holes in front of his home big enough to bury a man in. Mr DaLe Maus, 490 67th Avenue N. E said he was in favor of the pro�ect. He said he did not understand the basis of the assessments. He said everyone uses 7th Street as an exit and entrance to their areas and property, he questioned why all the people cannot be assessed for going in and out of the area7 Mayor Liebl said the City had an assessment policy and it could not waiver from it. Mr. Mervin Herrmann, City Assessor, said the assessment would be figured for the side yard by going half way down the street. He said there is a different case on one side He said the assessment was figured one half of the way for the actual rate. He pointed out the areas on the map on the overhead pro�ector and explained the basis of the assessments. He said he was in agreement with the people, and perhaps all the people in the area should be assessed. He said he thought it could be proven that this is somewhat of an exception Councilman Breider said the people would be notified of an assessment hearing � after the construction of the street. He asked the City Attorney if this could be investigated before the time that the side yard assessments are established. �' PUBLIC HEAR.ING ME�SING OF MAY 14, 1972 PAGE 7 � Mr. James Thayer, 377 66th Avenue N. E. questioned the fazrness of the policy of the side yard assessment. The Gity Attorney said if it can be shown that the assessed improvement does increase the market value of a property this could be called a benefit and would hold up in court He said this factor could be challenged. He added he believed there was some merit in what the people are saying. Mr Thayer asked if he would be assessed for the use of 7th Street. Councilman Breider said he was in the debatable area. The City Attarney said he had stated what the policy was and this �ould be contrary to the past policy, sub�ect to the review of the court. Councilman Breider asked if it were possible to have the staff research the matter and find out if there had been a similar situation in the past. He asked the Finance ➢irector and the Assessor if they would look into the records and report back to the Council at the assessment hearing. The City Engineer said there �aould be some State �id money used for the improve- ments on 7th Street. He said the amount given to the property owners is all that they would be assessed. Mr. Henrickson asked if the City would put in a little grass The City Engineer said they would put in sod. A resident of the area asked how far back into the property would the City sod? The City Engineer said only the portion that is destroyed by the installation of the roadway. � Mayor Liehl suggested the discussion on the next portion oT the street improve- ment pro�ect be discussed conceming the following MCKINLEY STREET: 75TH TO LAKESIDE ROAD The Crty Engineer said the right of way on some of the area had to be obtained. He said there had Ueen some interest in getting the street improvement. He said the C1ty felt the issue should be brought out for discussion. He said the cost would be approximately $I5.62 for the front per foot and $2.44 for the side yard per foot. He said this would also include water lines for $13.27 per front foot and sewer lines for $13.26 per front foot Mayor Liebl asked if there was a petition for this street� Tfie City Engineer said there were petitions as far as there were plats, which were the ma�ority, but there is not right of way on four properties. Councilman Starwalt said Lots 12, 13, and 14 are tax forfeit land that has been purchased. He said the owner has not asked for a street, but he has asked for a plat. He said in the Alstrom Addition, about 50% of the people are requesting the street. He added, he knew of four people who were opposed to the improve- ments at this time He said they are interested and would like to study rt and determine the costs. A resident of the Alstrom Addition said he would lzke the street in there so the side lots could be used. He said they had been paying taxes on the property and � were unable to use it. He said the longer they wait the greater the expense. He said he would favor the street improvement pro�ect at this time. Mr. Jame Audnitski, I658 77th Avenue N. E., said he ob�ected to the improvements because of the amount of money involved and the type of homes that would be built in the Bauer Addition. PUBLIC HEARING MEETING OI' MAY 14, 1973 PAGE 8 Mayor Lieb1 asked if he would be in favor of the improvements because he did noL kae�w the type of housing to be constructed or because of the amount of the assessment He asked if he knew of the type, caould he be in favor. Mr. Rudnitski said he still would say both reasons determined his decision. Mr. Rudnitski said there had been some mistake on his assessment and he had been assessed for two 1ots, and he should only be assessed for one. The Assessor said this was true; there was a garage in the back of the property and it could not be developed for morc than one lot. Councilman Starwalt said the assessment is not necessarily the value of the home Mr. Rudolph Bayer said he was presently in a bad position as his lot split in that area would be coming up on the agenda later in the meeting. He said this outcome caould determine hzs opinion on the improvements. Mayor Liebl said if he were sincere about his attempt to develop the area, he should favor the improvements before they increase in price. Pir. Bayer said that if the Council would grant his request for the lot splzt for the 72 foot lots, he would be in favor of the improvements and he thought they were long overdue. Mr. Sayer said the estimated cost for the utilzties were about $3,000 per lot plus any kind of a home that may be constructed on the lot. He said the price of the land would be added to this and bring the price of any lot up to 56,000 to $9,000. He said lot size would be a determining factor as to whether or not he would develop the area. Mr. Robert D. Henderson, 7600 Stinson Boulevard, asked if it was the policy of the City to send out notices for hearings such as the present one? He said he had not received a notice and he is affected by the improvments. He asked what the average size lot evaluation in Pridley is today� Mayor Liebl said the assessment would run from $2800 to close to $3,000 plus the cost of the land which would be about $6,000 and tlze total would be about $9,000 per lot. Mr. Henderson said he was not in favor oP the improvements. Another resident of the area stating he resided south of Mr. Henderson said his assessments would be $5,000. He said there is not a good street in front of his home, why should he pay this amount for a good street in the back of it� He said he also questioned the size of the lots in the area agreeing if 72 foot lots could be approved, this assessment could be handled. He added, if not there would be a problem. Mayor LieUl asked if the lot size of 72 feet were approved, would he favor the improvements. The resident said yes. Another resident stating he resided on Stinson asked if it made a difference in the assessment if the lot was never divided and no one ever built in the back of them? Councilman Utter asked if it was legal to assess on both sides of a person's property? The City Attorney said these are not normal residential lots. He added, if there is a benefit to the property, it can be assessed. The Li�essor said once a lot is usable it is assessed more. Mayor Liebl asked if this would include such things as a lot split. The City Attorney said yes. � � � � 91 PUBLIC HEARING MEETING OF MAY 14, 1973 PAGE 9 � Councilman Nee asked the City Attorney to comment on the tax forfeit property. The Assessor said he was not certain what was involved in the tax forfeit property, but he would look into this and report back to the Council the next week. A resident of the area said she believed Dumphey owned all of the land. Another resident of the area said he had talked to Mr. Dumphey recently and Mr. Dumphey had told him he owned all the land. The City Attorney said that after land goes tax forfeit, if anyone will buy it and assume the assessments, they receive title to it, otherwise it would remain tax forfeit. A resident asked if someone would sell his home would he be liable at the present time to pay the pending assessments? He said would the sale go through without the condition that he pay the assessments? The City Attorney said as long as the buyer did not ask and the improvement was not an approved one, there would be no pending assessments at this time. The City Attorney said at this time it would be his opinion that there are no pending assessments and this did not exist. He said the assessments would be assigned to the land when the pro�ect was approved, and only then will it be listed in the City office. A resident of the area said if there is land that has gone tax forfeit in the area, it had gone that way because there was no road and no access. MOTION by Councilman Breider to close the Public Hearing. Seconded by Councilman � Starwalt. Upon a voice vote, all voting aye, Mayor Liehl declared the motion carried unanimously and the public hearing closed at 10:00 P. M. PIIBLIC HEARING ON SANITARY SEWER AND STORM SEWER IMPROVEMENT PROJECT N0. 113: MOTION by Councilman Breider to waive the reading of the Public Hearing Notice. Seconded hy Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing opened at 10:01 P.M. The Assistant Engineer, Richard Sobiech, said this concerned the modification of the sanitary sewer and storm sewer for the R-3 areas of Innsbruck North. He said the total assessment would be $344,000 or $219 11 per unit based on the agreement between the developer of Innsbruck and the City of Fridley. He said the Innsbruck North area would pay half of the assessment and this one-half of the assessment would be divided by the units within the area of the R-3 zoning. Mayor Liebl asked who would pay for this. The City Engineer said the Viewcon people would. Mayor Liebl asked if the people in the R-1 area would be assessed7 The City Engineer said �ust the people in the townhouses and the apartments. Mr. Sames London from the Darrel Farr Development Company asked if a study had been made to determine the need for this? The City �ngineer said yes, in 1969. Mr. London said some of the improvements have been made. He said he thought this � was on Central and Gardena. The City Engineer said this was right. The City Engineer said the total cost is double that which is being assessed the property owners. He said the remainder of the cost is 6eing paid in other forms, the total improvement is not being assessed to the property owners. �� PUBLIC HEARING MEETING OF MAY 14, 1973 PAGE i0 Mayor Liebl saad the City had signed an agreement to pay for 50%. Councilman � Starwalt asked who would pay for the remainder� The City Engineer said the taxpayer, City utility funds, Federal funds and other funds wherever they are available. Mr. Raymond Rener, 1564 Gardena Avenue, asked where the property owners in his area fit into the storm sewer plan, or are the plans for a storm sewer at this time? The City Engineer referred to the map and pointed out the three districts in the storm sewer plan. He said the City wants the people and also the potential buyer to be aware of all the utilities and storm sewer that may affect this property. He said this is the City's ultimate solution to the drainage problem. Mayor Liebl asked what are the designated amount of dollars for the project� The City Engineer said this would depend on the district that was involved. The City Engineer said the prices ranged from $2.04 per 100 square feet in district A, $1.30 per 100 square feet in the north section and $1.18 in the remaining section. He said in the upper portion the work has been done and the people are going to be assessed. He said this is the last phase of the total drainage system. Councilman IItter asked if this would mean the installation of catch basins along Arthur Street? The City Engineer said there would be two sets of catch basins. Councilman IItter said there were quite a few people in attendance at the present meeting from Gardena and Arthur Streets. He said these people had just paid a big assessment for the street the previous year and they would like a little direction about the storm sewer assessment. He said he would like a better , understanding of the action also. A resident of the area said he had been assessed for the storm sewer at the same time as he had been for assessed for the street improvement. The City Engineer said if the area had 6een assessed for storm sewer, it was just for a very small portion on Gardena Avenue. Councilman Utter said there were three people on Gardena that were assessed. The City Engineer said this was only a part of the road and a small amount of storm sewer. A resident of the area asked if there were plans to put in a street behind the woods or from Arthur Street to Stinson Boulevard? The City Engineer said there are no plans to put a street into this area at this time. The resident said there are people who own land in this area and are not doing anything about it because they have been told there are road rights there. Ae asked if the part would be putting a road through the area. The City Engineer said this land is to be donated to the City for a park by Viewcon, but there are no plans for a road at this time. He said the people would be notified if there would be plans for the road. Councilman Starwalt asked if there is an office number where these people could contact someone who could tell them if there were any plans at all concerning the road? The City Engineer said the Engineering office can be contacted. Ms. Peterson said she ob�ected to this improvement if there was not going to be � a road. She said she could not sell the front lot if she was unable to get into the back portion which she lived on. Mr. Morris Longerbor.e, 1494 Gardena, said he was opposed to the sewer system. 93 PUBLIC HEARING MEETING OF MAY 14, 1973 PAGE 11 � MOTION by Councilman Utter to close the Public Hearing. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing closed at 10:35 p.m. PUBLIC HEARING ON REZONING REQUEST ZOA ii73-03 BY SAMUEL TE�IPLIN, TO REZONE LOTS 1 AND 2, AND 39 THRU 42, BLOCK 6, FRIDLEY PARK A➢DITION, FROM R-1 TO R-3: MOTION by Councilman Nee to waive the reading of the Public Hearing Notice. Seconded hy Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. The City Engineer said tlte Planning Commission has recommended the Council deny the rezoning request. He said tlie petitionex wants to change his request. He said the Council was having the Public Hearing because it had been requested by the applicant. Mr. Perry Copeland, 151 Silver Lake Road, New Brighton, Attorney for Mr. Templin, addressed the Council saying he would like to pres��+t a modification to the oraginal plan to khe Council. Mr. Copeland said Mr. Templin had abondoned any request to rezone lots 1 and 2. He said the lots involved would 6e the four lots on East River Road. Mr. Copeland said the City had pzefexred theze would be no access onto East River � Road. He explained the new plan would provade access from a private lrive onto Rice Creek Way. Mr. Copeland said he did not believe the high density of traffic and the speed involved would provide a good site for single family dwellings. Mr. Copeland said the new plan called for four family dwellings on East River Aoad. Mr. Copeland pointed out the main entrances to the proposed dwelling that would be in the back of the buildings, and not on East River Road. He said he would provide a guarantee thatEhis is all that would be developed on the property. Mr. Copeland said the developer would provide the registrar of deeds with a register of covenanyg which would limit the development to the described plan. Mr. Copeland said Mx. Templin was anxious to work with the Engineering Department for a satisfactory plan. He said there is a need for the two Uuildings on the lots. Mr. Copeland said the developer would like to provide a mini_mum of blacktopping. He said the lot next to the property is vacant and beyond that there are apartment buildings. There are also apartment buildings across the street. He said he did not believe this was a suitable area for single family dwellings. Mr. Copeland said he did not think this would be suitable for double bungalows either because they would have to be sold just as a home. He said the plan may call for Lots 1 and 2 giving a little land to the East River Road development. He said Mr. Templin is also requesting the alley be vacated because he owns the land on both side of it. He said there is an easement and a lift station there, but the traffic would be routed around this. � Mr. Copeland said Mr. Templin would not be increasing the density, he would just be developing the land more economically. Mayor Liebl asked if it would be possible to have a restrictive covenants without rezoning. He said he would be a little hesitant to rezone the property to R-3 as there would no longer be any control over it. �� PIIBLIC HEARING MEETING OF MAY 14, 1973 PAGE 12 The City Attorney said the restrictive covenants would be one possibility. ' He said they did have an agreement like this with Holiday. He added, this would be an enforceable way to restrict the number of units. He said this could be a part of the abstract. Mayor Liebl asked if this could be done on Lots 1 and 2 also. The City Attorney said this could be a part of the same agreement. He said he had not had a chance to think about it, but it pro6ably could be done together. The City Attorney said the east portion would have to be platted into one lot if a portion of this would be a part used for the R-3 zoning. Mayor Liebl said he agreed there should be no access onto East River Road. He said he was concerned about protecting the property owners to the east, and the value of theiE property should be upheld. Mr. Copeland said they would do anything to assure the City that they will do nothing else than what had been agreed upon. He said the plan being used for the four plex was being used a couple of blocks west of the property. He invited the Council to look at the plan that Mr. Templin would be using. Mr. Copeland said the land is difficult to develop because of the access. He said the property does not have good marketability. He said there would have to be a common drive. He added, alley access is not desirable. He said if it were developed as residential property it could not be sold. He said there are four platted lots on East River Road. He said the only reason the lots do not meet � the size requirement is because the land had been taken for the improvement of the street. He said this plan is economically feasible for the developer and it solves alot of the problems. Mr. Donovan Schultz, 15 Rice Creek Way, said there are homes in the area that range from $35,000 to the south to $50,000 on the north. Mayor Liebl asked Ward Councilman Nee if he had any questions on the matter. Councilman Nee said he had no questions, but would like to hear from the people. Mr. Donald Johnson, 6600 Hickory Street, said he did not like the idea of a roadway in front and one behind the structures. Mr. Richard Larson, 6580 Hickory, said he had not changed his mind. He thought the driveway should be constructed to the back since the City put in the center island. He said he thought this would not be a normal density. Mr. Fred Halverson, 85 Rice Creek Way N. E., said he lives directly across the street from the proposed development. He said he was not in favor of sgot zoning. He said he did not think there would be any question of what would�happen after the property started deteriorating. Mrs. Richard Silverstein, 6675 East River Road, submitted a letter stating she was opposed to s�ot zoning and also that she thought this development would increase the traffic hazard on East River Road. � Mr. Donald Smith, 81 Rice Creek Way, suggested the rental property at 53rd and Sth be looked at to see what would happen to the property in 15 years. He added, by this time the developer would be long gone. He said he would like to see the construction of the home first, then he wauld be less opposed. �� PUBLIC HEARING MEETING OE MAY 14, 1973 PAGE 13 � Councilman Nee said he believed every member of the Council and the property owners of the area would like to see the problem of this property solved. He said it is a nagging problem. He continued by saying he felt it is zmperative that the developer get the support of the neighborhood. He said any man who would build on the property would have ta have the concurrance of the property owners and they should have the protection of the law. Councilman Nee said the burden is an the developer to show the people this would be a reasonable solution to the problem. He said he beleived most of the area home owners would like to see something done. Mr. Copeland said some of the peoPle that had appeared did not want the area developed at all. He said he could not see how the area could be developed at all without increasing the traffic in some manner unless the occupants were to be dropped from a hel�copter. He said it did not matter if the plan would be for 1, 2, or three structures, there would be this factor. Mr. Copeland sazd he did not like to say this, but he thought the people would not approve anything in the area. He said whatever is planned, it would increase the traffic. Councilman Nee said he is still not sure the property is not sellable as R-l. He said there is construction of homes all the way up East River Road. He said he did not think the people all around this development should be penalized. He stressed, one family dwellings could be constructed in the area. He said he thought this to be an ideal place for a mini park. He said the accidents that occur on the roadway are not involving the area home owners, and they come , and go a11 the [ime without problems. He repeated his belieE that there is no reason to penalize the adjoining property owners. MOTION by Councilman Nee to close the Public Hearing. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing closed at 11:25 p.m. Mayor Liebl said the action on the rezoning would be taken at the next meeting. TEMPLIN. TO VACATE THE NORTH/SOIITH ALLEY IN MOTION by Councilman Nee to waive the reading of the Public Hearing Notice. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liehl asked if the rezoning was not granted, would the applicant still want to vacate the alley? �. Mr. Copeland said if the rezoning is not granted he would not want the alley vacated, he would like it handled together. Mayor Liebl suggested using the property by means of a culdusac and not providing access onto East River Road. � Mr. Copeland questioned this suggestion, stating the area is not large enough for this type of installation. Mr. Templin said the depth is not there for this kind of construction. He said the cost of this type of improvement would not be feasible for such a small area. Mayor Leibl said if the land was dedicated to the City,there could be five nice homes constructed there. �� PUBLIC HEARING MEETING OF MAY 14, 1973 PAGE 14 Mr. Copeland said it appears that there would not be enough land for this to ' be feasible. MOTION by Councilman Utter to close the Public Hearing on the vacation request by Mr. Templin. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye Mayor Liebl declared the moti�n carried unanamously and the Public Hearing closed at 11:37 p.m. RECESS: Mayor Liebl called a ten minute recess at 11:38 p.m. RECONVENED: Mayor Liebl reconvened the meeting at 11:45 p.m. PUBLIC HEARING ON FINAL PLAT P. 5. i/73-01, BY RUDOLPH BAYER, A REPLAT OF LOTS 12, 13, AND 14, BLOCK 1, SPRING LAKE PARK LAKESIDE: MOTION by Councilman Breider to waive the reading of the Public Hearing Notice. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing opened at 11:47 p.m. The City Engineer said the request was for four lots on the west side and five lots on the east side and the Planning Commission had reco�ended approval of the � plat. He said the Planning Commission had reco�tended the lots on the east side to be four 90 foot lots rather than five 72 foot lots. The City Engineer said the applicant had requested the lot split to 72 feet to defer the costs of the utilities in the area as they are e�cpensive because of the conditions. Mr. Rudolph Bayer said there had been a man in attendance at the meeting to elaborate on the type of home That they built, but because of the lateness of the hour he had not remained at the meeting. Mayor Liebl asked Mr. Bayer what price range the home would 6e in. Mr. Bayer said the homes would be three bedrooms, split levels, all with double or triple garages, included plans for glass sliding doors and sun decks out the back. Councilman Starwalt asked if there is a full basement planned for the homes and if there would be a water problem. Mr. Bayer said there would be full siae windows in the basement areas. He said the lots to the north would need fill and they were trying to find fill for the area. Mayor Liebl asked if there was anyone present who was opposed to the plat? There was no response. MOTION by Councilman Nee to close the Public Hearing. Seconded by Councilman � Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the Public Hearing closed at 11:51 p.m. A REPLAT OF LOT 8, SECOND REVISED A.S. ik21, EXCEPT THAT PART TAKEN BY THE CITY: MOTION by Councilman Utter to waive the reading of the Public Hearing Notice. � � IL J �� PUSLIC HEARING MEETTNG 0� MAY 14, 1973 PAGE 15 Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. The City Engineer explained that there is a culdusac in the area and the drainage comes off the roadway and the curbing carries the drainage. He added, this could be hazardous for the traffic and also the children in the area. He suggested that something be done to take care of the drainage. He suggested 12 feet of property be given by the City to the Church but with the retention of the easement in the area. He said he saw no problems in giving up this right of way. Mayor Liebl said he was in agreement with the Planning Coffinission he,suggested following the recommendations of the Commission. He said this would uphold the wishes of the neighborhood. Mr. Glen Thompson, 7170 Riverview Terrace, said this was an excellent plan and would be very desirable for the area. MOTION by Councilman Breider to close the Public Hearing. Seconded by Councilman IItter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing closed at 12:00. PUBLIC HEARING REQUEST SAV i�73-04, WAYNE SIMONEAU, TO VACATE 572 AVENUE BETWEEN LOTS 10 AND 16. BLOCK 4. CITY VIEW ADDITION AND BETWEEN 6TH AND 7TH STREETS N. E.: MOTION by Councilman IItter to waive the reading of the Public Hearing Notice. Seconded by Gouncilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing opened at 12:01 a.m. Councilman Breider asked the City Engineer if he could see any use for the streets in the future. The City Engineex said that a couple of times in the past the City has vacated Streets and then needed them some time in the future and paid dearly for them. He said if the roadway is vacated the easement should be retained. He said he felt one of the easements should be retained until future plans develop. He said the owner can use the property as he wishes to there. Councilman Breider said he could not see what the land could be used for. The City Engineer said at the present time they cannot build because there is a water easement there. Councilman Breider asked if it was possible to vacate the roadway and maintain the water easement. The City Engineer said this was possible. The City Engineer said there can be a trade off. Whatever is south can be retained for an easement for utilities and a walkway. Mayor Liebl said he had been expecting this to come up someday. MOTION hy Councilman Breider to close the Public Hearing. Seconded by Councilman Utter. Ugon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing closed at 12:08 a.m. PUBLIC HEARING ON FINAL PLAT P. 5. �F73-04, VEIT'S SECOND ADDITION, BY LONDA ENGLI A REPLAT OF LOT 15, REVISED A. MOTION by Councilman Starwalt to waive the reading of the Public Hearing notice. Seconded by Councilman Nee, Upon a voice vote, all voting aye, Mayor Liebl declared �� PUBLIC HEARING OF MAY 14, 1973 PAGE 16 the motion carried unani_mously and the Public Hearing opened at 12 09 a.m. ' The City Engineer said the Planning Commission had recoimnended approval of the final plat. He said there is one item that needs further consideration and this is the possible easement for a future roadway that would connect to 64th. He said some of the people were not interested in this roadway. He said the whole plat can he approved and the portion for the roadway could be left as an outlot. He said if this is done, if the people want the roadway it can be done in the future. Mayor Liebl questioned leaving the roadway in the plan. The City Engineer said the roadway would not be platted, the outlot would be left for the possible easement. He suggested meeting with the people to see what they wanted. Mayor Liehl said this would be part of the plat. Mr. Ed Wilmes, 6350 Riverview Terrace, addressed the Council stating the Foundation of the Islands of Peace is concerned if the land in this area should be considered as park land. He said he had been in contact with the two people south of this proposed plat property and they expressed a positive reaction to the use of the land for park purposes. He said there are many families with small children in the area and the children play in the streets. He said they could be grateful there had not been a tragedy, and there should be precautions taken so there will not be. Mr. Wilmes said the area is being developed rapidly and the children have been ' using the river for an ice skating facility since there is none_provided in the neigh6orhood. Mr. Andrew Kohlan, Attorney for the Foundation for the Islands of Peace, said there are many small children in the neighborhood. He said the development of the Islands of Peace would be for the older young people and adults and nothing is provided for the small children. Mr. Kohlan said he believed the Council should give more consideration to the plat for some other use. He said the people of the area would prefer this to be park land. Mayor Liebl asked if the land was under the ownership of one person. Mr. Rohlan said there were two. He said he would like consideration of the proposal for park land given more thought before the approval of the final plat. Councilman Nee said he agreed with the �houghts of Mr. Kohlan and Mr. Wilmes. He said a park is needed in that area. He said the City should study if this would be feasible. He asked what kind of money was being talked about for the acquisition of the land for park property? He also asked if the matter should be forwarded to the Park Board? He said the City should boice some kind of direction on this. He said the needs of the area should be studied. He said he wished the final plat was not before the Council at the present time. Ms. Londa Englund, said Mr. Veit wants out as simply as possible. She said the taxes are still coming in and the survey had cost $900. She mentioned the ' taxes had mounted during the time it took to attend all the meetings bringing her to the point of the necessary meeting of that evening. Councilman Nee said he could not tell from walking around on the property what the lines were or the possibility of the uses. Councilman Nee suggested referring the matter to Mr. Paul Brown, Director of Parks and Recreation for a judgement. �� PUBLIC HEARING MEETING OF MAY 14, 1973 PAGE 17 � Mayor Liebl agreed the plat should be looked at for the possibility of usage for park property. He said he did not believe it would hold up the plat. He said the overall situation would have to be looked at if the possibility of obtaining land for parks was considered. Mayor Liebl said there is more and more traffic congestion in that area. He said the Council should be able to receive a recommendation from the Parks and Recreation ➢irector by the next meeting af the Council. Mayor Liebl said Mr. Viet had expressed the desire to develop the land and this would not stop the City from looking into the possibility of using the property for parks. He said there are no facilities for the children on Riverview Terrace now. He said the City should work with Councilman Nee to get the input of the people of the area. MOTION by Councilman Uttex' to close the Pu61ic 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 12:33 p.m. P. 5. �173-02. FOR INNSBRIICK NORTH TOWNHOUSES FOURTH ITION: BEING A REPLAT OF OIITLOT H. INNSBRUCK MOTION by Councilman Utter to waive the reading of the Public Hearing Notice. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing opened at 12:35 a.m. ' The City Engineer said the Planning Commission had reco�ended the Final Plat be approved. He said the Planning Commission had made the provisions that as much parking space as can be provided on Meister Road for parallel parking for 200 feet; the recommendation of the Building Standards Design Gontrol Subco�ittee for a tot lot to be located as shown on the plan, and a planting screen and other means for noise be provided along I. lk694, the evergreensbeing at least five feet high. CONSIDERATION OF PRELIMINARY PLAN APPROVAL, PHASE IV AND V: T. f173-01; 118 UNIT TOWNHOUSE, BY DARREL A FARR DEVELOPMENT: Mayor Liebl asked if this was some compromise of the streets? The City Engineer said this was the same plan as had been presented in the heginning. Mayor Liebl asked if the density was the same as on the first one? The City Engineer said they had not exceeded 800 units. Mayor Leibl asked if they had always maintained this density ox was there some count eomewhere in between. The City Engineer said no. Shere was an open area and high density could be used. He said this would be less than the other area. He said they did not use the utmost density. 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 carried unanimously and the Public Hearing for the Final Plat P. S. �173-02 closed at 12:44 a.m. � MOTION by Councilman Starwalt to close the Public Hearing on the Preluninary plan. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing closed at 12•45 a.m. Mayor Liebl told Mr. London that action would be taken the following week. 1()� PUBLIC HEARING MEETING OE MAY 14, 1973 PAGE 18 PUBLIC HEAAING ON REPLAT OF BLOCK 10, PHASE I OF INNSBRUCK TOWNHOUSES FIRST � ADDITION P. S. 1i73-O5: MOTION by Councilman Starwalt to waive the reading of the Public Hearing notice. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing opened at 12:46 a.m. The City Engineer said the action proposed was a minor ad�ustment of four lots to save the trees. MOTION by Councilman Breider to close the Public Hearing. Seconded by Councilman by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing closed at 12:47 a.m, PUBLIC HEARING ON ADOPTION OF AN ORDINANCE AUTHORIZING THE CITY TD ISSUE A FRANCHISE FOR THE ESTABLISHENINT OF A UNIFORM ELECTRIC FRANCHISE BETWEEN NORTHEItN STATES POWER COMPANY AND COMM[JNITIES IN THE METROPOLITAN TWIN CITY AREA INCLUDING THE CITY OF FRIDLEY: 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 Liebl declaxed the motion carried and the Public Hearing opened at 12:48 a.m. Mayor Liebl read the comments concerning the adoption of the uniform franchise. The City Manager asked the City Attorney what the waiting period for the second , reading would be after the Public Hearing. The City Attorney said it cannot be brought in for the second reading for a period of 20 days after the Public Hearing. Councilman Nee said he thought this would be a good idea, but he did have second thoughts on some portions of the ordinance. He said he as afraid if the hearing is held at this hour, it cannot be discussed as it should be. He suggested continuing the matter until the next meeting of the Council. He said he feared the Council would be critized for holding a hearing at 1:30 a.m. Mayor Liebl said the only action would be to approve the idea of uniform rates. Councilman Nee said he thought this was a big step. Mr. Kohlan said he would like to comment on Councilman Nee`s statement. He added, he agreed that there may be some possibility of someone saying this had been pushed through at a late hour. Mayor Liebl said there would be no action taken at this time. Councilman IItter said Northern States Power Company is serving the area now, he did not believe any other company would be coming into the area and forcing them out. MOTION by Councilman Nee to continue the Public Hearing until the next meeting ' of the Council. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. PUBLIC HEARING ON THE COMPREHENSIVE DEVELOPMENT PLAN: MOTION by Councilman Breider to table the Public Hearing on the Comprehensive Plan until the next meeting of the Council. Seconded by Councilman Utter. Upon � � 10� PUBLIC HEARING MEETING OF MAY 14, 1973 PAGE 19 a voice vote, all voting aye, Mayor Lie61 declared the motion carried unanimously. CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR REZONING REQUEST ZOA 1�73-OS SY ROBERT SCHROER EROM M-2 TO C-2: MOTION by Councilman Breider to waive the reading and adopt the first reading of the ordinance for rezoning for Robert Schroer, ZOA ��73�5. Seconded by Councilman Utter. Upon a roll call vote, Utter, Nee, Breider, Starwalt and Liebl voting aye, Mayor Liebl declared the motion carried unanimously. PROGRESS REPORT FROM GENERAL TELEVISION ON INSTALLATION OF CATV SYSTEM: MOTION by Councilman Utter to receive the report on the progress of the CATV system. Seconded by Councilman Breider. Mayor Liebl asked if the construction had started. The City Manager said they had started that day. Mayor Liebl said there is a time table and they would like to stick by it. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING REPORT ON LOCAL GOVERNMENT INFORMATION SYSTEMS ASSOCIATION DATED APRIL 20, 1973 (LOGIS): Mayor Liebl said he hoped the members of the Council had had a chance to read and digest the report. MOTION by Councilman Utter to receive the report. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl said the system may save some money and do some good. COUf;CILMAN UTTER'S CONCERNS OF SHORTAGES OF MONEY IN FRIDLEY LIQUOR STORE �12: Councilman Utter asked which of the liquor stores was No. 2� The Mayor said this was the one by George's. Councilman Utter asked what was the reason for the shortage. Councilman Breider said he believed this type of shortage would be reduced with the installataon of the new registers. RECEIVING MINUTES OF MAY 2, 1973 FROM NORTH CORRIDOR MANAGEMENT TEAM AND RECOMMENDATIONS OF CONSULTANT: MOTION by Councilman Nee to receive the minutes and concur. Seconded by Councilman IItter. Mayor Liebl asked if there was anything in opposition to this. Councilman Starwalt said the I.1�694 bridge could be upgraded. The City Engineer said the railroad bridge, bridge on T. H. i147 and also the bridge on East River Road could be upgraded. �o� PUBLIC HEARING MEETING OF MAY 14, 1973 PAGE 20 UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. NOTICE OF MEETING OF NORTHTOWN CENTER TASK FORCE ON MAY 16, 1973 AT 7:30 P.M. IN BLAINE CITY HALL: MOTION by Councilman Utter to receive the notice of the meeting of the Northtown Center Task Force. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION 1167-1973 - APPROVING PLANS AND ORDERING IMPROVEMENT, STREET IMPROVEMENT PROJECT ST. 1973, ADDENDUM 112: Councilman Nee asked if it would be possible to complete the street improvements and put some stubs in and eliminating others7 The City Engineer said he thought there were only two people opposed to the improvement. Councilman Nee said he did not think this got good notice, and there are not many who oppose the project. He asked if it would be possible to delete the people who do not want it. The City Engineer said they must remember they cannot use the system. Mayor Liebl said they will have to pay four times as much if they wait. The City Engineer said they should be made fully aware of what is going on. Coucilman Nee listed those in opposition caho wished to be deleted from the project: Beckman, 6430 East River Road, Slawson, 6420 East River Road, Beighton, 6408 East River Road, Klingbeil, 6409 East River Road. MOTION by Councilman Utter to adopt Resolution ��67-1973, Street Improvement Project St. 1973-3, Adendum Ik2, deleting the property at 6430 East River Road, 5420 East River Road, 6408 East River Road and 6409 East River Road. Seconded by Councilman Nee. Upon voice vote, all wting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION ii 68-1973 - DISBANDING THE ISLANDS OF PEACE COMMITTEE, RECOGNIZING THE FORMATION OF THE FOUNDATION FOR ISLANDS OF PEACE, INCORPORATED AND RECORDING THE CASH RECEIPTS AND DISBURSEMENSS OF THE ISLANDS OF PEACE PROJECT THROUGH MAY 7 1973 AND AUTHORIZING THE TRANSFER OF CASH ON HAND TO THE FOUNDATION EOR ISLANDS OF PEACE INCORPORATED: MOTION by Councilman Breider to adopt Resolution 1168-1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ACCEPTANCE OF RESIGNATION OF SAMES H. LANGENFELD, IIUMAN RELATIONS COMMITTEE AND APPOINTMENT OF NEW MEMBER: MOTION by Councilman Breider to accept the resignation from James H. Langenfeld from the Human Relations Committee. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the atotion carried unanimously. Councilman Utter suggested Arvid Hansen as an appointment to the committee. , � � 10� PUBLIC HEARING MEETING 0F MAY 14, 1973 PAGE 21 � Councilman Nee suggested Deonne Parker, 6540 East River Raad. MOTION by Councilman Breider to table the appointment to the committee until May 21, 1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. SETTING DATE OF MEETING WITH MILLER AND SHROEDER MINICAPLS, INC., REGARDING INDUSTRIAL REVENUE BONDS: MOTION by Councilman Breider to set the meeting for 6:30 p.m. Sune 6, 1973. Seconded by Councilman Utter. Mayor Liebl said the dinner will be paid for by the individual not by the City. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION ff69-1973 - AUTHORIZING THE CHANGING OF m.,,, ,.r,.,,,,.r r..,,,, .,.T.,r,. ..,,,,m,,,,.. MOSION by Councilman Utter to concur with the recommendations of the administration. Seconded by Councilman Starwalt. Councilman Starwalt asked if this would make a hole in the driveway? The City Manager said the tank would_be undexground. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. COMM[JNICATIONS • WYMAN SMITH: GLOVER VS. COLUMSIA HEIGHTS AND FRIDLEY: MOTION by Councilman'Nee tp receive the co�unication from Wyman Smith regarding Glover vs. Columbia Heights and Fridley, dated May 4, 1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. OAK PARK HEIGHTS: HOUSE FILE 1508 AND SENATE FILE 1543• MOTION by Councilman Nee to recieve the co�unication from Oak Park Heights dated May 4, 1973. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. LEAGUE OF WOMEN VOTERS: NORTH PARK CONSIILTANT STUDY: MOTION by Councilman Nee to receive the communication from the League of Women Voters xegaxding the consultant study of North Park. Seconded by Councilman , Utter. Councilman Breider said this letter had been received by Brauer and Associates - and they will be making comment on it. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion cFirried unanimously. 14� PUBLIC HEARING MEETING OF MAY 14, 1973 ESTIMATE FROM BRAUER AND ASSOCIATES: PAGE 22 MOTION by Councilman Breider to approve the estimate for $4,500 and not pay the consultant again until the final report is received. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Leibl declared the motion carried unanimously. TELEGRAM TO GOVENOR CONCERNING HOIISE FILE 295: The City Manager said there had been two hills that are being considered and one was worse than the other. He said the less objectionable of the bills is the one in the conference committee at this time. Mayor Liebl asked if the City of Fridley had a chance in influencing the State of Minnesota. The City Manager said there are 30,000 people in the City of Fridley, and this may influence them some. He said they should support-the less objectionable bill. The City Manager said the Minnesota League of Municipalities has been working on the bill since it has been introduced. He added, it still has to be compromised. MOTION by Councilman Br�ider to send the telegram. Seconded by Councilman Nee. The members of the Council went over the points listed in the telegram and agreed the action should be taken. Councilman Starwalt asked if sending the telegram to some other parties would be more effective. The City Manager said it could be sent to the Committee. Councilman Nee said he did not think it would be effective if it were sent to the Governor. Mayor Liebl agreed saying he does not interfer with the action of the Senate or House. AMENDMENT to the original motion hy Councilman Breider to send the telegram to the conference committee as a whole. Seconded by Councilman Starwalt. Upon a voice vote, all vating aye, Mayor Liebl declared the motion carried unanimously. DONOVAN SCHULTZ: PRESENTATION TO THE COUNCIL OVER CONCERN OE ADDITIONAL DESTRUCTION AND EROSION OF LOCIZE LAKE: Mr. Schultz read a statement made by Mr. Frank Nebel of the Locke Lake Association requesting some action on the erosion of the banks of Locke Lake caused by mini bi�ce traffic. Mr. Schultz said he is not a member of the Association. He said he was concerned that the City had not made any progress in the action to stop the erosion. Councilman Breider asked Mr. Schultz what area he was talking about. Mr. Schultz said he was talking about both sides. Councilman Breider said there has been action by the City and also by the owners of the property. MOTION by Councilman Utter to receive the statements by Mr. NeUel and Mr. Schultz. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ' , � 105 PIIBLIC HEARING MEETING OF MAY 14, 1973 PAGE 23 � The City Manager said there had been a letter sent to the Metropolitan Sewer Board, Designware and signs will be placed there. The City Manager said the property owners had been contacted and with their cooperation the problem would be solved. Mr. Schults said he hated to see any additional �oil being washed into the lake. Councilman Breider said the signs will be up and the area will be posted. Mr. Schultz questioned if this would solve the problems and added, someone should tell the people they are polluting the lake. The City Manager said the people of the area are planning to place a chain link fence across the area. Mr. Schultz questioned if the chain would do any good in stopping the erosion. He suggested some solid sheet metal or boards to create a wall so they could no langer get through. Mr. Schultz said the bare sewer line was just now being �overed. He said he had feared that the sewage would be washing into the creek. Mayor Liebl said the police had been there and Councilman Breider was working on the problem. He said they are also working with the property owners and the Metro Sewer Board, Mr. Christenson and Designware. � Mayor Liebl said he did believe the Park in the area would need some cleaning up. He said there is broken glass that should be picked up. Mayor Liebl suggested utilizing some of the summer part time help in cleaning up the park making it a usa6le area. Mr. Schultz said it would also need some filling. Councilman Breider said the mini bike traffic will have to be taken care of in the area first. Mr. Schultz said he had been working for the solution of the problems for years. He said time is of the essence if something is going to be done. He said if there is no plan to do something he will qui� working for such means. He said he would request a solid wall be placed in the area to stop the erosion from going into the creek. F � � t Uu � MOTION by Councilman Utter to adjourn the meeting. Seconded by Councilman Breider. IIpon a voice vote, all voting aye, Mayor Liebl declared the Public Hearing Meeting of May 14, 1973 ad�ourned at 1:43 a.m. Resptfully su6mitted, i � �� = �°-�°-' �'- � � ��� � Patricia Ellis Frank G. Lieb�, yor Secretary to the City Council