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07/14/1975 - 00015172�nn t. ,3 v THE MINUTES OF THE PU BLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF �ULY 14, 1975 The Publtc Heartng meeting of tfie Fridley City CounciT of July 15, 1975 was called to order at 7•34 P.M. by Mayor Nee. EDGE OF ALLEGIANCE: Mayor P:ee invited those present at the meeting to joir the Council in saying the Pledge of Allegiance to the Flag. ROLL CALL � MEP1BERS PRESEPJT: Counci7man Starwalt, Councilman Fitzpatrick, Mayor Plee, Councilwoman Kukowski, Councilman Breider. MEP�BERS ABSENT• None, ADOPTION OF AGENDA: Mayor Nee said there would be one addition, the con�ideration of a resolution in opposition to the Ru7es and Regulat�ons of the Municipa] Shoreland P4anagement Act. MOTION by founcilman Fitzpatrick to adopt the Agenda as amended with the addition of the Res�lutian in Opposition to the rules and regulations of ihe Shoreland h�anagement Act. Seconded by Councilman Breider. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. PU6LIC HEARINGS: PUBLIC HEARING ON IMPROVEt�1ENT - STORM SEWER IMPROVEMENT PROJECT NO 118. MOTION by Councilman Starwalt to waive the reading of the public hearing notice and open the public hearing. Seconded 6y Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the public hearing opened at 7:36 P.A;. The Public Works Director said the current matter was brought to the Council to solve a , problem in the middle of a draTnage district. He explained the first proposal far the elimination of the drainage problem to pick up the water at the catch basin on Ben�amin Street and take it to the north to 60th to the existing st4rm sewer at 60th and Oakwood Manor. Fie said this woultl collect the water beinq directed to the low area on pr�vate property He said the water had 6een collecting in the lo�m area prior to the construction of the street. He said the water sti17 drains to the ]ow area through the catch basin. He said there would be some benefit to the remainder of the property in the drainage district. He said the estima+e for this improvement would be approximately $20,981.25 which wouTd resuit in the assessment of $8.66 per 100 square feet. P1ayor Nee asked if this improvement would influence the surface or pavement of the existing �mprovement. The Public Works D�rector said no, this could be installed in the boulevard area. He explained the only restoration work to be sodding of the boulevard a�id driveways on 60th Avenue. He sai� the $8.66 �s a very high assessment, and it is the highest proposed in the City to this date The Public Works Director said an alternate proposal had been {igured for the direciion of the water by piping from the existing catch basin on Ben,7amin south to the mutual propert,y line and into the lot area. He said this would still a71ow the flow of th? water to the depression or low area where it has been flowing all along, He said this would require thP City to acquire some easements for the construction of the system and the lot area. He said this estimated cost wouTc' be approx7mately $10,150 or an assessment of $4.19 per 100 square feet. He said this solut�on would be more compatible to the assessments of the other areas a� t'r�� City. This would eliminate the idea of development in the low area and theCiry� would n�ainta�n the property in the low area He said the water would be collected in the low area where it has been collectina for some time. Mayor Nee asked if this improvement had been petitioned for. The Public Works Director said no, tt was brought to the Counctl at the direction of the Council. Counc7lwoman Kukowski asketl who would be assessed for the second proposal, and the Public Works Director said everyone who would be assessed for the first improvement. He saic they were talking about the same area. Counci7man Starwalt said if the easements are acquired, there would be no future development PUBLIC HEARIPlG MEETING OF JULY 14, 1°75 Page 2 r � 'ty I1 J L in the back lots. He asked if this action could be overturned in the future if development is desired. The Public Works Qirector said it would be possible but it would be diff�cult and costly because the piping would exist in the area He said this could be done by filling the low area and replacing the piping system. Mrs, B.L. Lillemoen, 1533 Gardena Avenue, addressed the Council and indicated she lived on Lot 22. She said she would not be in favor of any easement. She a1so sa�d she may want �develop her property in the future but she did not know when. She suggested that if there there 15 any easement necessary, this be done on Mr. Erickson's property l,ecause he is the one with the problem. Mayor Nee asked Mrs. Lillemoen howshe felt about the proposed project which were alternatives one and two. Mrs. Lillemoen said she would like the pipe installed on his property, not her own. Mayor Nee asked if she would favor the improvement if the pipe was placed on Mr. Erickson's property, and Mrs. Lillemoen said she would not give up any easements at all Councilman Starwalt asked if the easements were on Mr. Erickson's property, would Mrs. Lillemoen favor either the first or second proposals. Mrs. Lillemoen said she would not favor any of the proposals. She suggested that a p�pe be run under h�s driveway close to his steps with a catch basin installed tn the low area. She suggested that the expense be taken care of by Mr. Erickson or spread around to everybody. She mentioned that this was the City Engineer's first proposal, and this would take the shortest amount of pipe and involve the least cost. She suggested the pipe be covered with dirt. She said she did not want the pipe on her property line, she would not be in favor of this. Mr. Jim 7iller, 5929 Oakwood Manor, said the water had been coming into that area for years. He said the 6asic drainage area has not changed. He said he did not think there was more water in the low area, and it was there when the house was bought by the present owner. He said there could be more water in the area since the �mprove�nent of the street. Mr. Tiller satd the improvement would benefit one individual. He said he had been by the property after a recent rain, and there was no water standing in the low area the next day He said he had not noticed any erosion. Mr Tiller said he could not see this �kind of expense to take care cf someone else's problem. P1ayor Nee asked if the people of the area had been assessed for any other storm sewer lateral. The City Manager said there had been some assessment for storm sewer, bu; this was a very small portion. Mr. Bailey Tiller, 1535 Gardena Avenue , addressed the Council and asked how deep the storm sewer would have to be in this area. He asked if a tank ����as to be �nstalled. The Pu61ic Works Director said neither one of the systems contains this type of installation. Mr. Bailey Tiller explained he did not understand the implications of the proposed improvements, and he had talked to an attorney who would represent him in this action with the City. Mayor Nee asked Mr. Bailey Tiller if he was opposed to one or both of the proposals. Mr. Tiller answered that he was talk�ng about something being installed like a tank. He said he would not favor the condemnation of any property. He said he questioned if anyone would want to develop the back area and said this was a beautiful area with wildlife. He said he did not understand the current proposals. He mentioned Mr pon Savelkoul would represent him in th�s consideration. Mayor Nee asked Mr. Tiller if he l�ad any inclination to split off his lot, and Mr. Tiller said he did not. Mayor Nee asked if he had any interest in having �;�r;other building site in the back of his land, and Mr Ti11er said not at this time. Mr Tiller said he had no �ntention of selling his front lot. The City Manager said no one is saying the land would be condemned, He said the owner could give the City the right to install the pipe, and there would be no reason to acquire or condemn. Mayor Nee asked if the estimate of $10,000 included money for condemnation. The Public �dorks Director said yes. Mrs. Nina Sakariason, 5965 Oakwood Manor, said she is still paying for the road, and if any more is added, she would not be able to pay this� She added, even if it would be a little bit, it would be too much. Councilman Starwalt questio�ed if there would be additional assessments �n the future, and the Public Works Director said yes, they are in a subdistrict within a larger district, and they would receive assessments in the future development Councilman Breider questioned the method of assessment at this time and in the future if this improvement was approved at this time. The Public Works Director explained there has been a Ctty policy where a large area is taken and the assessments are equalized ��� �,. � �, PUBLIC HEARING MEETING OF JULY 14, 1975 Page 3 for rate in the whole area. He said this would depend on the amount of benefit received, and th�s would have to be reviewed again. Mr. Nick Garaffa, 6750 Monroe Street, asked how this proposed improvement Wou1d compare to the conditions in the area wF�ere Mr. Mi77er had deve7oped. ' The Public Works Director said this would differ in the manner that there are many property owners, and Mr. Miller was the sole owner of the proper�y at the time there was a draina9e problem on his property. He said it would be similar in that the area was draining into a low hole. Mr. Garaffa recalled that Mr. Miller had asked that the property be drained. The Public Works Director mentioned that Mr. Miller was the sole owner of the property. Mr. Garaffa pointed out that the property owner may not have been aware of the problem or condition when the property was purchased. He said he felt the precedent has been set by the Council action in the M�ller case which drained sites to allow more buildable lots, hlr. Bailey Tiller said he would l�ke to clarify the statement that was made by Mr. Starwalt. He said his water does not drain into Mr. Erickson's property, the street drainage goes into the Erickson property. Mr. Tiller said he lived in the area for many years, and Mr. Erickson never had any water on his property until the Engineering Department putinthe street. �Nr. John Bolich, 1580 60th Avenue, sald he had a garden in the low area for three years, and he had never had any water in the garden. He explained when the property was sold, he had to give up the garden. He said he had l�ved in the area for 11 years, and there was never any problem with the water untii the street was put in. Mayor Nee as(ced Mr. Boiich if he agreed with the border of the drainage district. Mr. Bolich answered, he did not know, he had not taken a transit to get this information. Mayor Nee � said the street improvement generated the problem. Mr. Bolich said why they did not put the storm sewer in at the time the street was installed, he d�d not know. He said now they would have to cut up the area to do this. Mayor Nee asked Mr. Bolich how he felt about the proposed improvement at this ttme. Mr. Bolich said he was not for or against the improvement. He said he would not want an �ncrease in his assessments. He said he would agree that there is a problem and something would have to be done, but he could not oFfer a solution. Mayor Nee asked Mr. Bo7ich whlch plan he would favor,and Mr. Bolich said the least expensive. Mrs. Dorothy Lillmars, owner of Lot l, Block 1, Route 2, Stacy, Minnesota, questioned the amount of assessments on thls lot, and Mayor Nee said this would be 831.36. Mrs. Lillmars said she 6elieved this to be excessive for a lot with no accessability. Mayor Nee said they did have a deprived access. Mayor Nee said the City did have a plan where the back lots would be built on, and now the people say they do not want to build on the back lots; now the plan is invalid. Mayor Nee asked Mrs. Lillmars if they would like to develop their land. Mrs. Lillmars said her husband thought this would be possible. P4r. Bailey Tiller said he tk�ou9ht there were only two buildable sites in the back portions. Mr. Mah7on S. Moe, 5955 Benjamin Street, addressed the Council and said he owne�' Outlot A and asked how much the assessment would be for this parcel. , He said there is no access to this property and no hope of access in the future. MaYor Nee said tftis is estimated at $1,379.27. Mr. Mahlon said the assessment for Lot 1, Block 1, Acorn Hill Addition is$921.42. He said this yauld make his assessments in the area of $2,2Q�. He satd he wou1d not 6e in favor of t�ie improvement. Mrs. Lillmars asked how much the assessment would be for 1561 Gardena At�enue. Mayor Nee said this is estimated at $498.81. Mrs. Ltllmars asked why this was only one half of the price of the other lot. The Public Works D rec�tor 5�1�{the front half of thislot is in another assessment area and has a�ready been assessed. PUBLIC HEARING MEETING OF JULY 14, 1975 Pa9e 4 ... � Mrs. Fredrick Schmitt, 5963 Oakwood Manor, said she �s opposed to any more assessments. She said she did not feel that she con�ributed to the water. Mayor Nee asked Mrs.Schmitt if she had any intentions of splitting off her back lot. Mrs. Schmitt said the lot had been landscaped in the back portion to take care of erosion, and she did not feel she would split it. rs. Sakariason said her property does not contribute to the water. She said she ts payin9 $4,000 in assessments at the present time. Mr. Lawrence Peterson, 5991 Ben�amin Street N.E., addressed the Council and said he thought all of this water was going to the Erickson property. He said with the proposed system of ptping from Qen�amin to 60th, this would fiave to be a very deep system. He said the people of the area should have had the system installed at the same time as the street was installed. Mr. Peterson asked how long the water stands on the Er�ckson property. Mr. Erickson said from one to two days. He said all of the debris from the street such as sand, gravel and silt is washed �nto the area. Mayor Nee asked how deep the cut would be to �nstall the storm sewer and, the Public Wol^ks D�rector said,in the deepest place, as deep as 13 feet. Mr. Erickson said he is the person who catches all of the water, and when he bought the place, there was no water in that area He said he would like to clear up some misconceptions. He said he thought the problem was created by the City,and the City knew there was go�ng to be a problem there. He said this concern had come up on the hearing. He said he had come to the City and asked that the damages be taken care of. He said there are some funds escrowed, and some people do not know there are funds escrowed for this type of improvement. He said when they had purchased the house, they thought there was a pend�ng assessment for the storm sewer construction. �Mr. Erickson said he was not in favor of the second proposal. He said he thought this was too much money for a poor solution. He said as long as he had the money in escrow, he would favor the construction of the complete system or alternative number one. Mayor Nee asked �f the volume of the water had been increased with the construction of the improvement of the street. He asked if the water coming down Gardena was routed in another direction before the street �mprovement. The Public Works Director said the dra�nage d�strict had not been increased. He explained that this drainage is d�rected into New Brighton and there may be a small amount comrng into this area. Mayor Nee asked if this had drained in this area before, and the Publ�c Works �irector said yes Mayor Nee sa�d the paving has accentuated the pro6lem. Councilman Starwalt said the water does route to Ben,7am�n, and �f anyone had ever stood there in a rain, they would be surprised at the amount. The Pu67ic Works Director sa�d he had been there �n a rain. Councilman Starwa1t said the water did go east on Gardena and now it goes north on Benjamin to Mr. Erickson's p1^operty. The City Attorney said generally speaking, the laws on surface water drainage as far as municipalities saythat they can dispose of this water in a reasonable fashion. He said a municipality can drain into a low area that had been burdened with tAis water previously. Ne said when the streets are improved, there is going to be more and faster runoff. The City Attorney said in his opinion, the City has some liability because the water is be�ng collected and disposed of by means of the culvert onto Mr. Erickson's property. He said he did not think this would be considered a reasonable way to dispose of the water. He said if there is damage, erosion and gravel being deposited, he felt Mr. Erickson wou1d 6e entitled to some legal regress. He said if the City chose the second alterna�ive, subject to the acquisition of the low area> this would be logical and reasonable. He said he was not advising that th�s be done, but ,7ust mentioning t6at this would 6e a 1ogica7 solution and one option that t6e City would FtaVe. Mayor Nee said one question that would have to be answered would be if the people of the drea want access available for the back lots. He satd the City has some ob1igation to find some solution. He said th�s would be a legal ob7igation if not a moral obligation. LI�i PUBLIC HEARTNG MEETING OF JULY 14, 1975 Page 5 Mrs. Lillmars said she has lived in the area for many years and there was never any water down in the low area. She said she t6ought it would be the City's responsi6ility to solve the problem if it has been caused by the City. Mr. Robert Erickson said he was not pushing any one of the p1ans. He was just seeking action on the damage thdt has been done. He said this is a problem the City created, and he expected to have somethin9 done about it. He said this is the reason that this pub7ic f�earing had been called and the reason for the funds being escrowed for the storn sewer. He said whether or not the storm sewer is installed or the whole thing is dumped, he wo�ld like the damaged taken care of. He said these damages would run from �10,000 to $12,000. Councilman Starwalt referred to the damage done and said he would question if they would be thai hi9h. He said he wouid agree at one time after a rain there was four feet of water standing in the low area, and a couple of times when there was three feet of water in the low area, but it drains away fast. He said five people had escrowed money for future storm sewer construction in this area. He satd he would not want to personally declare that there will not be any storm sewer project; they are workin9 w�th too many unknowns. He said he thought the escrow process is a reasonable process for a situation such as this. Ne said he was not on the Council at the time that this was decided upon. He said he would not want to see the escrow accounts to be in jeopardy. � Councilman Starwalt sa�d he recalled that one time Mr. Erickson said he would be pleased �f the City woul� pipe the runoff water rather than have it overland. Mr. Erickson said he had told Councilman Starwalt at City Council meetings ' dnd also in private that this is not an acceptable solution to the problem. He said only one time did he say he would consider this type of thing, and this was if it was a temporary solution and �t would be don� out of general funds. He said he had corrected Councilman Starwalt on thts point at two meetings. He said he only agreed to th�s type of solution if,it were to be temporary and out of general funds. He said now the second alternative comes up with this type of action, but the land will be condemned, and it is to be a permanent solution. He said he was not in favor of this kind of solution. Councilman Starwalt said Mr. Erickson had said he would dccept the under- ground construction. Mr. Erickson said he agreed if this would be temporary and out of general funds. He said the current proposal or second alter- native would ruin other people's property and his own, and they would have to pay a great expense for this. Councilman Starwalt asked Mr. Erickson �f he would accept the piping of the water to the low area if this would be at no cost to him. Mr. Erickson asked who would pay the cost. Councilman Starwalt said it would be at no cost to Mr. Erickson. Mr. Erickson asked if he meant that no one would be assessed. Councilman Starwalt said yes. Mr. Erickson said he would agree to this if it was a temporary solut�on and no one was assessed and if the escrow account was not disturbed. Councilman Starwalt asked now much in �eopardy the escrow funds are at the , present time. The City Attorney said if this was challenged in court, he did not want �o say that the City would win the challenge. Ne said this would be doubtful or questionable. He said the City would��have a 50/50 or less chance. He questioned if the City had the right to hold the escrow funds �ndefin�tely. The City Attorney said there is no time limit for holding the escrow, but they state a reasonable t�me ltmTt. He mentioned two to three years would be okay, but any longer than this, he would not say the City could be sure to w�n a challenge. Councilman Starwalt said the temporary solution would not future development. He again mentioned there are so many consideration. He asked if the people would say that this deveioped, and they were put on record sayinq this, would bearing on how long the escrow monies could be held. The take care of any unknowns in this area was to be this 6ave a City Attorney PUBLIC HEARING MEETING OF �ULY 14, 1975 said no, he d�d not see where this would be a consideration. Page 6 �t�� 6 J •?1 Councilman Starwalt said something would have to be done that the people agree with. He said the majority of the people do not want to have an improvement pro,7ect with the exception of Mr. Erickson. ,Mr. Erickson said he had not expressed the desire for either of the alter- natives. He said he is not in favor of the second proposal. Mr. Erickson stated he would like the money retatned tn escrow. He said he would like something done about the damage to his property. He said he had $1,500 in escrow for storm sewer. Mayor Nee asked if the money would go to Mr, Erickson or the previous property owner if' the escrow is given up. Counctlman Starwalt said in this case, it would go to the prior property owner. Mr. Bailey Tiller said he thought he was obl�gated to contribute to the improvement. He said he would like to see someth�ng installed such as a ceptic tank in the low area. He said he is opposed to the two proposals presented at the present meeting, but he felt he should pay his share. Mayor Nee asked Mr. Tiller if he was suggesting an �nstallation such as a dry well, and Mr. Tiller said yes. The Public Works �irector said one of the proposals had been to put in an energy dissapator which would takeup the force of the water flowing into the low area. Mayor Nee said �t would seem to him that this would increase the costs. He said the energy dissapator would allow the water to remain running over land to the low area. Councilman Breider questioned if this could and shou7d be done from the general fund. He said Mr. Er�ckson had reluctantly agreed to this as a temporary so1ution. Mr. Erickson agreedto this statement. 7he Public Works �irector said it would be difficult to calculate the price for this type of system. The Publlc Works Director satd 1f the parcel of property was cut by the pipe on a iriangular line, this wou7d solve the problem of not having the pipe on the property line. Councilman Starwalt satd he thought Mr. Ertckson would prov�de the easement. Mr. Erickson said he d1d not know about this. Mr. Erickson said he would have to have someone appraise the property_ The Pu61ic Works D�rector said he thought this temporary solutton may be from �S,OOOto $7,000. Mr. Erickson asked if they were talking about a pipe running through tne center of h�s yard. The Public Works Director said yes, and Mr. Erickson said forget it. MOTION by Councilman Starwalt to close the public hearing. Seconded by Councilwoman Kukowski. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously, and the public hearing closed at 9;18 P.M. Mayor Nee informed the property owners that the Counc�l would not be tak�ng action on the item at the current meettng, this would possibTy be done at one of the next two meetings after the staff is allowed to prepare additional 9nformation. PUBI.TG HEARTNG ON TMPROVEMENT - STREET TMPRQVEMENT PRQJECT NQ. ST 1975-1, MOTTON by Councilman Starwalt to waive the reading of thepublic heartng notice and open the puhlic heal'ing. Seconded by Counctlman Kukowski. Upon a voice vote, all vot�ng aye, Mayor Nee declared the moiion carried unanimously, and the public hearing opened at 9:19 P.M. The Public Works Director explained this hearing to concern the improvement of Siverts Lane, one of the last remdining unimproved streets in the City of Fridley. He said up until this time the Ctty has been maintaining the unimproved sireet and pTo�ttng it in the winter months. He sald there had been grading done on a few occasions. He said the maintenance of this street was done with tf�e anttcipation that the sanitary sewer and water p�ou7d be insta1led in the future to serve the property on the south end of Siverts Lane. Mr. Sobiech recalled at a recent City Council meeting, there ifp/V}y p/�� �I N �_l PUBLIC HEARING MEETING OF JULY 14, 1975 Page 7 had been a request approved to waive tf�e hook up to the sanitary sewer and water facilities on this lot. He said this lead the staff to put the present improvement on the agenda for public hearing. TF�e Pu61ic Works Director said it is not the City policy to maintain unimproved streets. He added, if the property owners are not in favor of this street improvement pro,7ect, they could agree to maintain tf�e street. He said t6e estimated cost of the ori9inal roll for this imrpovement is $10,205.80 whicfi wou1d �nvolve a front foot assessment of $8.30. The side yard assessment would ' be $1.24 per foot. The Public Works Director explained the feeling that in this case the side yard assessment may not 6e appropriate because of the street being a dead end street, and the use of the street would be quite restrictive. He said in alternate Number One, the front foot assessment would be the full assessment with the street being used as their access. He further explained tfie possibility of the two properties on 69th be�ng sp1it in the future, so they had been figured for front assessment for tfie southerly portions. He explained the cost for Alternate roll number one to be $9.04. He said Alternate roll number two would have a side yard together with a front foot assessment for an assessment for the properties at $9.67. He said in this roll, ihey would use only 75 feet of frontage for Parcei 250 and Parcei 260. The Public Works �irector explained the thrrd A7ternate roll was prepared only using the abutting property owners and using a 75 foot frontage for Parcel 250 and 260 with no side yard assessments for a front foot rate of $12,'� The Public Works D�rector said this would �e a 28 foot bituminus roadway with no curb and gutter. Mayor Nee asked if the other lot on the east side of the road is buildable. The Public Works Director explained this to be a tax forfeit parcel bein9 fteld by Anoka County for the City of Fridley for Open Space acquisition along Rice Creek. P1ayor Nee asked if the Ctty of Fridley would pay the assessments for this lot in this case. The Public Works Director said this amount would be applied to the tax forfeit property. He said the amount would be paid by the owner of the property whether this be the City or the County. Councilman Starwalt asked �f the City had any plans for the park in the east side of the roadway. The Public Works Director said he was not aware of any specific plans. Mayor Nee asked Tf Siverts Lane had paid a side yard assessment. Mr. Mervin Herrmann, Assessor, said no, because there are only front yards on this property. Councilman Starwalt asked what amount of frontage would be charged for Parcel 260. The Public Works Director said this would be 75 feet of frontage, Councilman Starwalt asked what portion would be assessed for Parcel 250. The Public Works D�rector sa�d this would be 270 feet on Alternate Number Two. Councilman Starwalt said Parcel 250 is doing quite well. Councilman Starwalt questioned what type of curbing could be installed. The Public Works Director said this would be a slight asphalt berm that would be machine made. Counci lman Starwa� t asked if tfie Counci 1 was aatare tliat tF�ere i's actl`on � before the Planntng Commission to vacate the road easement ln Parcel 260. He asked how th�s would affect the improvement. The Public Works Director said not at all. He said there is no other property to the south that would need access. Councilman Starwalt asked if the roadway was for gaining access to the da�m s7te. The Public Works ��rector said the parkland to the south could be used for access to the damsite. He said agreements or easements could be obtained from the park parcel to thee3st. He mentioned that he did not think anyone had needed access to the dam in years. Councilman Starwalt menttoned that the Parcel E ls 16 acres and asked if there are any plans for access on the east edge. The City Manager sd�d there is a public easement and access by the townhouses. Mdyor Nee said there is no way to get down to the creek from 69th. He asked if there were any development plans. The City Planager explained the money obtained for this PUBLIC HEARING MEETING OF JULY 14, 1975 �..- : �,`o. pro�ect was only for acquisition at this time and not for development. Mayor Nee questioned �f tf�ere may be a n�ed for a larger street in tf�e future. The City Manager said in Locke Park,which is a 125 acre par[c,tFtere is a very small roadway, and it is sufficient. Councilman Starwalt asked who is pushing for this improvement. He said he felt that no one in the area wanted the improvement. Councilman Starwalt �questioned if there may be some need for the installatton of utilities in tfle future, could this be done after the improvement of the road. TF�e Ciiy Manager said there would be a good s�ze boulevard, and the utilities could be installed in this portion. Councilman Starwalt quest�oned if the smaller s�ze roadway would come up io Ctty standards. The Public Works Director said this would be a standard street with the only difference being the width. The Public Works D�rector said the recent normal cost for street improvement has been in the area of $15.00 t� $17.00 per front foot,and thts improvement would be qu�te a bit less than this. The Ctty Manager satd this would be a m�n�mal type of improve- ment to keep the construction costs down. Councilman Starwalt questioned the type of curbing that would 6e tnstalled. The Public Works Director explained this to be a triangular shaped berm that Would be machine made. He said the normal curb would be much higher and wider. He mentioned that this would be four inches high. Councilman Bre�der asked what the cost would be to maintain this type of street. The Public Works Director said he d�d not have the figures for this. He sald the grading had 6een done on a request basis, and th�s had been done about twice per year. He said the plowing would be done when needed. Councilman Breider questioned how much the maintenance would cost the City of the improvement was installed. The Public Works Director said the grading would be eliminated. Councilman Breider asked if the snow plow would take out the berm. The City Manager said no, this is the type of berm on the 57th alley, and there is no problem. The Public Works Director satd there is also this type of berm on 64th between Arthur and Central. The City Manager said if in the future there is a request, the concrete curb and gutter could be added on to the road. He said tF�e proposed improvement would not be a waste, it could be added on. Mr. Tng Siverts, 6850 Slverts Lane, addressed the Council and questioned why a street improvement proposalcame out of a request to waive the sewer dnd water connections. The Publ�cWorks Director explained that since this requirement had been waived, there are no other developable propert�es which would require utilities. He said the City had been waiting for the improve- ment of the street until such utilities were weather installed or all waived. Mr. Siverts said no one had requested this improvement. The Public Works Director said the City had not received a petition for this improvement. He said the City had been maintaining the roadway with the idea there would be sanitary sewer and water installed in the future. He said now with the Waiver,the C�iy is noi anticipat9ng the installation of sanitary sewer and water on Stverts Lane. He said the next step is to install the street �mprdvement. A resident of the area said the property to the east has not had the wa�ver. The Public Works Director said this is the property be�ng held by the City of �ridley for park purposes. The Ctty Manager said there is no quesiion thai this w�ll be park property. The resident asked if the park would want sanitary sewer and water. The C�ty Manager said there is enough boulevard so that this could be installed �n the future if it is needed He said there are 15 feet on each side which is right of way. A resident of the area questioned why the road would be needed if it was to only serve the two people ihat live back there. The City Manager indicated that tf�e people of the area can say the road is not needed, and tF�ey can maintain the existing roadway. Mr. Ing Siverts said he preferred that they not improve the road. He said it fiad �een in existance for a number of years at its present standard, �J� PUBLIC HEARING MEETING OF JULY 14, 1975 Page 9 and it was acceptable. Mr. S�verts explained that the City has furnisfied two loads of stabilized base, and they are very happy with the conditions. The City Manager said if the three people would agree on the maintenance of the roadway, there would 6e no �oblem. He said in ttme there would have to be a road installed, and he pointed out it would either 6e now at today' ; prices or in the future at an increased rate. Mayor Nee said this was brought up because of a policy of the City to not maintafn unimproved roads and alleys because of the cost of this. Ne said �f the roadway is not installed, the City would abandon the maintenance of this road. He mentioned no one is pressing for this improvement. They were trying to make the property owners aware that if the street is not improved, the maintenance will be withdrawn. The property owner of Tract � addressed the Council and said this arrange- ment would be fine w�th him. The owner of Parcel 260 addressed the Council and said he felt the improved street and cul de sac would enhance his property, but he would not want to impose the assessments on the remainder of the people �n the area for this reason. The City Manager said this would be no problem, but the people of the area would have to take care of the maintenance. He stressed that if the improvement is installed in the future, there would be an increase in the costs Mr. Ing Siverts suggested that if there is any access to the park,that this be put in to the east on the other stde of the houses andwest of the townhouses. He mentioned that this would be a better area for traffic of �his kind rather than Stverts Lane. Mr. Siverts also mentioned there fias 6een some problem with traffic tfirough the tax forfeit parcel of property. , Fie said he had put barriers through there, and they had 6een removed. He suggested that the matter of the easterly access to the park 6e talked about in the planning stage. MOTION by Counc�lman Starwalt to close the public hearing. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, and the public hearing closed at 10:01 P.M. PUBLIC HEARING ON REZONING REQUEST, ZOA #75-03, BY CITY OF FRIDLEY FOR GEORGE IS IN FRIDLEY TO REZONE FROM M-2 TO C-2: 3720 EAST RIVER ROAD: The Pub7ic Works �irector explained that this property was owned by the City of Fridley, and during this time, it was zoned P. He added, before this time, it was zoned M-2. He said the request is to change the zoning to the existing use. He said the proposed zoning does not prohibit, and it does not specif�cally allow the current use. The Planning Commission recommended approval of the rezoning request. Councilman Breider asked if this property was on a contract for deed with Mr. Nicklow and the City. The Public Works D�rector sa�d yes. Councilman Breider sa�d the City had the option to purchase the property back in the period of five years, and the City Manager said yes. Councilman Breider asked if there is a build�ng plan for this area. The Pubiic Works Director said there was no building plan, �ust remodel�ng. Mayor Nee asked if there was anyone present who had any comments. ' Mr. Richard Harris, Chairman of the Planning Commission, addressed t�e Council and said he was not so sure that the property s6ould be rezoned to C-2. He thought it may be better as M-2. Mr. Harris asked the City Attorney to clar�fy this point. Mr. Harris sa�d he thought this would be spot zoning, and 1f the City had not granted the title, the rezoning would not have been recommended. The Ctty Attorney said the property is zoned P for pu6lic use and would have to be rezoned. He said the City would hdve sqme obligation to deliver the title for the purpose the property was sold. He said if the property is � aJ v PUBLIC HEARING ME@TING OF JU�Y 14, 1975 Page 10 burned or damaged more than 50% it would not be replaced because it would be non conforming. He said this rezonin9 would only be fair to the man that bought the property, Mayor Nee asked tf there was any objection from the property owner. The Public Works Director said no. Mayor Nee asked if there was any ob�ection from the adjoining property owner, the Metro Sewer Board. The Public Works �Director said no. Mr. Nick Garaffa said when the property was sold with a stipulation that t�e Ci�y wou1d be a61e to take back any improvements or construction made on the property, He asked if t�ere had been any construction Councilman Breider said there had been a paved parking 1ot installed. Mr. Garaffa asked if the City was eliminating their chanes of getting back i'nto the liquor business at this location some time in the future if this Zs desired. The City Manager said there would be no problem, the City has tfie rigfit to purchase the property for the amount that was paid for it plus the interest. Mr, Garaffa said this,current action would not change the cfiances of pick�ng up the property,and the Ctty Attorney said no. Mayor Nee questioned how the City could be sure that there were no objections from the property owner when they had not heard from him. The Public Works D�rector said the owner had signed the applicat�on for the rezon�ng. MOTION by Councilman Fitzpatrick to close the publ�c hearing. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared �he motion carried unanimously, and the public hearing closed at 10:11 P.M. PUBLTC HEARTNG ON UACATTON REQUESi, SAV #75-02, BY �ENNIS SMERUD, TO VACATE � 'The Pu61ic Works Director said the action was init�ated by a plan for an addition to the home of Dennis 5merud. He said the addition would be etght to ten feet from the south property ltne. Ne sa�d at the time of application, he found he would e�ther have to apply for a variance or request the vacation of the roadway. He said the roadway is not being used, and the two adjoining property owners have been maintaininy the ' area and fiave a garden in this area. Mr. Sobiech said from the engineering standpoint, there are no ob�ections to thevacation. He said he would recommend that the City maintain the draina9e and utility easement as suggested by the Plann�ng Commission. He said the Planning Commission, at their P1ay 21, 1975 meeting, recommended approval of the request with three stipulations. Tfie Public Works Director said there has been a suggestion made that the City may want to retain such parcels for tennis courts and tot lots. He said he would like to bring this to the Council's attention and also mention there had been no ob�ections to the vacation. Councilman Fitzpatrick asked if either of the other two cut off streets in the area had been vacated. The Publ�c Works Director said no. The City Manager explained that if the City has any des�re to install any tennis courts or tot lots in th�s area, it should be noted that there �s not much land available for park in this area, and he would like to bring this to their attention. He said this would be one of the only lots that would be barely large enough for the development of a tenn�s court He said th�s would be a less expensive method for public use than the acquisition of property. He said this property is not in the center of the area develop- ment. Counctlman Fitzpatrlck said this �s the most southerly of the other poss�b- ilities. The C�ty Manager questioned which one of the areas had the steep �erratn, and the Public Works Director said this is the one in question, 46th. The public Works Director said this would not be too suitable for a tennis court, 6ut it would be large enough for a tot lot. Councllman F�tzpatrick asked �f all of these areas were previously access to Highway #4/. The C�ty Manager said yes. The City Attorney said there may be a legal problem in thts type of action ;�i;� PUBLIC NEARTNG ME�TI�1� OP aULY 14, 1975 page 11 He said normally wfien easements are vacated, tF�ey return to tfte property that had dedicated the land or the adjacent property. He questioned if t[te City would have the right to use the area for a park when it was a street easement. He said tfiis would be very questionable. He said this right could be acquired, but it did not exist at the present time. MOTION by Councilman Fitzpatrick,to close the Public Hearing. 5econdedby Councilman 5tarwalt. Upon a voice vote, all voting aye, Mayor Nee declared' the motion carried unanimously, and the public hearin9 closed at 10:21 P.M. The City Manager questioned the direction the Council wished him to take on the matter. Councilman Fitzpatrick indicated he believed that if thts park idea were to be pursued, he thought the 47th eesement would be more appropriate for this type of plan. He said he didn"t th�nk this would be a proper imposition on the two property owners. The C�ty Manager said he would br7ng the i�mback for vacation. MOTION by Councilwoman Kukowski to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee decTared ihe motion carried unanimously and the public hearing opened at 10:23 P.M. MOTION by Councilman Fitzpatrick to receive the resol�ttion from the Fridley DFL concerning the Proposed Charter Changes. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Fitzpatr�ck asked what would be theprocedure for the adoption ' of the amendments by the City Council. Mayor Nee sa�d it would have to be a unanimous vote by the Council. He said this would be done by ordinance. The City Manager explained that if the C�ty Council does not agree with the recommendations, the Charter Commission would have the authority to submit ihe changes to the voters. hlayor Nee asked if the changes should be discussed item by item to determine whether there is agreement. Councilman Fitzpatr�ck asked �f the City Council had to accept the changes unan�mously in part or whole. He asked if it would be possible for the Charter Commission to review the comments and submit the ch�ge back to the Council. The City Manager said this would be possible, or they could submit the changes directly to the voters. Mr. Dennis Schne�der sa�d the Frtdley DFLIis technically in favor of the Charter Amendment for the housekeeptng changes. He ment9oned some of the sections they ant�cipated to disrupt the petitton process. Mr. Nick Garaffa said he would like to ask the member of the Charter Commissio�� who was present at the meeting, Mr. Herbert Bacon, about the section cancerning the attest�ng to si9natures. He said he had to attest to the signatures on a petit�on for filing to run for Counc�lman. He questioned , whether or not someone in a referendum could follow this procedure. He said if someone comes to the door of a home, they assume he or she is the person that they say in the�r signature. He did not belteve it a � go�d practice to have to ask someone for their driverslicense. He questioned why the penalty is mentioned in this section. Mr. Herbert Bacon addressed the Counc�l and said the Charter Commission's intent is to see that any petitioner would get this information before he goes out to circulate a petition. He said there are many people that do not know what they are do�ng when they go out to get signatures. He sa�d they do not know what they are go�ng after. Mr. Garaffa said the City Clerk must take the pett�i:,n up to Anoka County and compare the signatures against the voting regtstration records. He said only then Will they be considered valid. He asked why this type of PUBLIC NEARTNG MEETING OF JULY 14, 1975 procedure would be necessary. Page 12 Mr. Bacpn said the signature could be Valid, dnd it could be spmeone signing for their hus6and or wife. Mr. Garaffa asked the Finance Dtrector if the City takes the petitions up to the Councy and compares signatures. The F�nance Director said yes. � Mr � Garaffa asked why this additional language would be needed. The Finance Director said the staff are not handwr�ting experts. He satd they check to see �f the signature is a registered voier, and if it is obviously not the signature of the reglstered voter, they will say that it is not a valid signature. He said if the stgnature looks reasonable, it is accepted because what evidence would they have to challenge it? Mr. Garaffa sa�d He stated those experts either. the general rule of the land �s that people will be honest. people at the polls comparing signatures of voters are not Mr. Dennis Schneider said the statement does not tell the circulator whai to do, it only tells him if he does not do this right he will be ftned. Mr. Bacon said the st�ffer f�ne would make peaple thlnk tw�ce. The City Attorney nated that the current Charter language said any V�olation is a misdemeanor, and this �s defined by State law as a criminal violation to be fined up to $300 or up to 90 days in jail. He sa�d �n comparison to the suggested language, he would interpret that �t may 'nave been the intent to lessen the penalty. He mentioned he was not sure that a �udge would consider this language in court. Mr. Dennis Schneider said he did not think the suggested language would help the petitioner. He said it may scare h�m. Councilman Starwalt asked Mr. Garaffa if he had any quams about attesting to the signature on his filing pet�tion, and Mr. Garaffa said he did not. He said he knew the people that had signed, and there was no question Mr. Garaffa said he did not think a very good method to obtain signatures would be to cross examine people by asking for a drivers license or something to validate the signatures. Councilman Starwalt said there are some liars, cheets and th�eves in this world. Councilman Starwalt said the job of the petit�on would be num6er one, to know who you are talking to. He said th�s would add creedence to the petition. Mr. Garaffa said he was advised by the C�ty Staff to obta�n at least 15 signatures when only 10 were needed because some of the signatures would not be valid, Councilman Starwalt said they would not be valid if they are not registered voters. He asked if something was wrong with the system of validating stgnatures. Councilman Starwalt said a fll�ng petttlon ts a very serlous matter, and there are other pettt�ons that people do not take so seriously. Councilman Starwalt read a portion of the changes on Page 5-I of the agenda �and said if no one challenges the signatures, they are cons�dered valid. Mayor Nee sa9d they would have to be signatures of reg�stered voters. Counci1man Starwalt said the voters do not have to register until elect�on day. Mr. Garaifa said people who sign petitions are not necessarily bad guys. He said this is the only regress ac�ion that can 6e taken if the governing body would act against the puhlic will. He said a showing is obta�ned by the petition, and thls is �Ven to the Council to indicate they are doinq Something wrong. He said th�s is done in a f�ne American manner 6y people goin9 out and talking to their neighbors and getting their signatures to back some action. He said this petition �s brought to the City Council to say "see you have the wrong idea". He said circulating a petit�on is �ard Work and takes a great deal of time. He sa�d th9s is done by people who care. He said he had thought that an extra penalty was being applied, PUBLTC HEARTNG MEETING OF JULY 14, 1975 but iP this was a lesser one, perhaps the remark should stay. Page 13 Councilman Starwalt said if the petitioners believe in their cause, they should know who is signing the petitions. Mayor Nee directed Cauncilman Starwalt's attention to the portion of the C�ty Charter that says the signatures must be those of registered voters. Mr. Richard Harris asked what iype of petition this referred to. Counc�lman Breider said this would be �r initiat�ve, recall and referendums Mayor Nee sa�d th�s may 6e d�scriminatory. He added there is no penalty for fraud rn other petit�ons. Mr. Richard Harris said the Plann�ng Commission had �ust received petitions wit{� people signing both petitions for and aga�nst the same issue. He questioned if this type of petttion should also be cleared up. Councilman Breider said if the Councii would receive thousands of signatures, it would not make much sense to argue about which ones are valid. He said this petition,with the amount of s�gnatures,should be an indicat�on that the Counci] should think tw�ce. He questioned if they shou7d get hung up on the fact whether John signed for his wife or not. He said he did not think this w�s be�ng fair to the community. Councilman Starwalt said he was not trying to knock down or out a num6er of valid signatures; he did not think th�s would affect the amount they would rece�ve. Councilman Breider said he would like the pet�tion sign�ng and validating procedures someth�ng that would be simple to prosecute if the City Attarney has to do this Councilman Starwalt said they w�ld have to be realistic. Councilman Breider said the potential is there, but it will take three votes of the Council to rebuke it. Councilman Starwaltsaid if a paper came with no valid si9natures and no one opposed it, it could 6e determined ' a valid petition. Councilman Breider said he did nat think this had to be defined any further in the Charter. He mentioned the City Clerk� roll in val�dating the signatures and sa�d he thought it would be more appropriate to give the petition circulators a list of the items to be aware of before the circulation of the pet�t�on. He said the same thing was done with the people filing for Council that should be done when other petittons are circulating. He suggested a pamphlet be made up to describe the process. He said he thought this would have to be a policy thing rather than withtn the City Charter. Mayor Nee said they should consider the emotional hazzards circulators could face where it could be possible to become mouse trapped. He mentioned if someone else knowl�ngly signed a petition falsely, the circulator would be responsible and prosecuted, not the person who had stgned, Mayor Nee said the signature of a spouse is valtd if it has been authorized. He mentioned it is better to not take the spouse signature because the author�zation is hard to validate, He said there are other instances where a s�gnature is noi accepted as val�d because the people do not sign as they had on their signature card. Mayor Nee said this is reasonably hard to get the signatures validated in some �nstances because if there is a petition being circulated, it is because the majority of the Council is opposed. Mayor Nee said he thought the idea of the pamphlet was a good one. He said he did not knoW if any people wanted to do a defective job, but they do make mtstakes. He said �f the idea is to teach the pepple the proper process, this could be done by means of a pamphlet and tn the pamph- ' le� it could be mentioned that it is a misdemeanor. He s�id even Yf there is some problem, all the petition would do is ask for an election end the people would still have to be registered voters. The City Attorney said the language recommended in the Charter recommendation does not state "knowl�ngly", and he thought a jud9e would look at the charge determining if it was an honest m�stake or done knowl�ngly. He said he did not know if he would recommend adding this language but mentioned the violation wauld have to be fraud or grass negligence. The Finance Director asked if this couid be changed by the Charter Commission- The City Attorney said it could be sent back to them notifying them of what had not heen approved by the Council, and they could make changes or send PUBLIC HEARTNG MEETTNG OF JULY 14, 1975 the proposed changes to the voters. Page 14 MOTION by Councilman Starwalt to close the Public Hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, and the public hearing closed at 11:04 P.M. The City Manager asked if the whole proposal should be brought back to the Council. Mayor Nee said the Counci7 cou1d go through the items one by one and determine those which could be adopted by ord�nance. CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMB MOTION by Councilman 6reider to adopt Resolution No. 104-1975. Seconded by Councilman Starwalt. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. CONSI�ERATION DF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF G MOTION by Councilman Breider to adopt Resolution No. 105-1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. SIDERATION OF A RESOLUTI�N AUTHORIZING AND DIRECTING THE COMBINING OF MOTION by Councilman Breider to adopt Resolution No. 106-1975. Seconded 'by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unan�mously. CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF � MOTION by Councilman Breider to adopt Resolution No. 107-1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NSI�ERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF S ADDITION MOTION by Councilman Breider to adopt Resolution No. 108-1975. Seconded 6y Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF MOTION by Councilman Breider to adopt Resolut�on No. 109-1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee ' declared the motion carried unanimously. CONSTDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF J MOTION by Councilman Breider to adopt Resolution No. 110-1975. Seconded by Counc�lman Starwalt. Upon a Vo�ce vote, all voting aye, Mayor Nee dec��red the motion carried unan�mqusly. PUBLIC HEARING MEETING OF JULY 14, 1975 Page 15 TION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF MOTION by Councilman Breider to adopt Resolution No. 111-1975. Seconded by Counc�lman Starwalt. Upon a vo�ce vote, all voting aye, Mayor Nee � declared the mot�on carried unanimously. CONSIDERATION OF A RESDLUTION AUTNORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 14, PARCEL 2700, LOT 15, PARCEL 2705, LOT 16, PARCEL 2710, AND LOT 17, PARCEL 2715,BLOCK K, RIVERUZEW HEIGNTS ADDITION: MOTION By Councilman Bre�der to adopt Resoltu�on No. 112-1975. 5econded by Councilman Starwalt. Upon a voice vote, ail voting aye, Mayor Nee declared the motion carried unanimousb. CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF MOTION BY Councilman Breider to adopt Resolution No. 113-1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Breider to adopt Resolution No. 114-1974. Seconded by Counc�lman Starwalt. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' CONSIDERATION OF A RES�LUTION AUTHQRIZING RND QZREGTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOTS"�3, PARCEL 2965,RND LOT 24 PARCEL 2970 COT 25, PARCELP2975; Af4D LOT 26, PARCEL 2980 BLOCK L, RIVERVIEW HEIGHTS AD�IT MOTION by Councilman Breider to adopt Resolution No. 115-1975. Seconded by Counc�lman Starwalt Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF MOTION by Counc�lman Breider to adopt Resolution No. 116-1975, Seconded by Councilman Starwalt Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NSIDERATION OF A RESOLUTIOiJ AUTHORIZING AND DIRECTING THE COMBINING OF � MDTION by Counc�lman Bre�der to adopt Resolution No. 117-1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee � declared the motion carrted unan�mously. CONSIDERATJON OF A RESOLUTION AUTHORIZING AN� DIRECTING THE COMBINING OF � MOTION by Councilman Breider to adopt Resolution No. 118-1975. Sec4nded by Councilman Starwalt. Upon a vo7ce vote, all voting aye, Mayor Nee declared the mot�on carried unan�mously. 1 1 � PUBLIC HEARING MEETING OF JULY 14, 1975 SIDERATTON OF A RESOLUTION AUT Page 16 COMBINING OF S ADDITION. MOTION BY COUNCILMAN BREI��R TO ADOPT R�SOLUTION N0. 119-1975. Seconded by Councilman Starwalt. Upon a voice vote, all vottng aye, Mayor Nee declared the motion carried unanimously. LICENSE: AUCTIONEERS LICENSE: by for fee Franklin J. Veno Machine Too1s $10.00 7700 Long Lake Rd. Larry Muggli 5973 Third St. NE MOTION by Councilwoman KukowSki to approve the auction license Franklin G. Veno as requested for Machine Tools, Larry Muggl�. Seconded by Councilman Breider. Upon a voice vote, all voting Mayor Nee declared the motion carried unanimously. � ► �, for aye, OR APPROVAL OF RICE CREEK ESTATES AN� RIC The Public Works Director recalled the Counc�l's attention to the meeting of several week's ago when the developer of these additions had come to the Clty Counctl questioning the escrow policy of the City. He said the developer and the staff had worked out an agreement where he does agree to pay for the storm �ewer construction with the under- standing that he will be gtVen credit for the pro,7ects that will be constructed and that are being constructed. The Public Works D�rector read and explained the potnts in the agreement. Counctlman Breider questioned if the $3,500 would 6e enough for the future projects in this area. The Public Works Director sa�d he could not say at this time. He said this amount would result in the cost of more ihan $8.00 per lOQ-square feet. He said he could not say for sure that this will cover the costs. The City Manager sa�d he could answer yes with the only exception being time. He said if construction costs do not increase too excessively, there w111 be no problem. He said the agreement is quite complete, and this is a better way of handling this type of agreement. He said the assessment or escrow rate would be the highest in the City. He said the administration is reasonably sure that this wtll be adequate. Counctlman Fitzpatrick said �f the assessments are greater, the Council can always assess. Councilman Breider asked what would be done �n the future storm sewer. The City Manager said tftere will be the outlet to Moore Lake. He said now the policy is that a11 new d�velopment will be assessed at this level and the exlsting property would be leveled at a rate according to the benefits received. Councilman Breider asked the City Attorney if there would be anyproblem in this proposal. The City Attorney satd not as he understood �t. All new deVelopments were to escrow $8.00 for 100 square feet, and any work would be cred�ted to this $8.00. He said any assessments would also be credited aga�nst it. The City Attorney said he agreed in principle with what is on page 23. MOTION by Councilman Starwalt to authorize the execution of the agree- ment for the approvdl of R1ce Creek Estates and Rice Creek Estates 2nd Additlon. Seconded by Councilwoman Kukowksi. Mr. Nick Garaffa asked tf th� home purchaserwil1 have to pay the developer back in the future. Upon a volce yote, d11 voting aye, Mdyor Nee declared the motion carrled unan�mously. PUBLIC HEARZNG MEETING OF �ULY 14, 1975 RESOL 20�1975 - IN OPPOSITION TO RULES ANQ Page 17 EGULRTIONS OF THE The Public Works Director explained the proposed resolution to be in opposition to the Shoreline Management Act. He said there w�ll be a public hearing on the matter on July 16, 1975, and the material had been rev�ewed by the Planning Commission and Environmental Quality Commission. He said the Planning Comm�ssion had some concernd a6out the proposal. Counc�lman Breider asked �f t�is was being adopted by the Department of Natural Resources,and the Public Works Director said yes. Councilman Fitzpatr�ck sa�d th�s would shift the burden of proof to the Ci ty. The Public Works D�rector said they neglected the developed C�ty when formulating the plan. The Public Works Director said it should be left up to the City to designate a publ�c body of water. ' The Publ�c Works �irector read and explained the proposed resolution which indicated that the developed lots in the City would be undersized and nonconform�ng lots according to the proposed ordinance and will cause definite hardships on the utilizations of these lots. Also, the setback requ�rements as laid out in the proposed ord�nance would make all of the structures in the Shoreland Management area noncon+orming structures and, therefore, unrepairable �f over 50% damaged because of inability to meet the proposed criteria. He also explatned that the provisions are discriminatory aga�nst low and moderate income persons unable to afford the property due to increased lot sizes. He also mentioned that the ord�nance shows lack of coordinat�on of other State Agencies by establish- �ng a number of rules and reguiations requiring municipalities to adopt � a set of conflicting zon�ng requirements. Mr. Sob�ech explained that the ord�nance is unrealistic to set up a variance pracedure for some- thing that would require a variance in all cases. The Public Works Director explained the City in the Resolutton would make suggestions for the eltmination of these concerns. MOTION by Counc�lman Breider to adopt Resolution No. 120-1975 in oppos�tion to the ru]es and regulations of the Municipa] Shore7and Management Act. Seconded by Councilman Fitzpatr�ck. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. Mr. Richard Harris addressed the Council and said the Planning Commission has asked that the Resolutlon be carried to the public hearing meeting on July 16, and he said he planned to attend. He mentioned he would be at City Hall at 12:00 noon that day and would like a Councll representative ta accompany h�m. Councilman Fitzpatrick said he would be able to attend the meeting. MOTION by Councilwoman Kukowski to make Councilman Fitzpatrick the official representative of the Fridley City Council at the Public Hearing concerning the Shoreland Management Act. Seconded by Councilman Starwait. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Counct7man Starwa7t to ad,7ourn the meeting. Seconded by Counc�lman Bre�der. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, and the Public Nearing Meeting of the Fridley City Council of July 14, 1975 adjourned at 11:32 P.M. / Pdt Ranstrom Secretary to the City Council R-Ig-Zs ate Adopted William J. Nee Mayor �