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04/26/1965 - 00022180� � �J �73 THE MINUTES OF THE SPECIAL COUNCIL MEETING OF APRIL 26, 1965 A Special meeting of the Council of the City of Fridley was called to order by Mayor Nee at 8:00 P.M. ROLL CALL• Members Present; Nee, Kirkham, Sheridan, Wright, Thompson Members Abset: None DEPARTMENT OF COMMERCE: BUREAII OF THC CENSUS - COf1ANNICATION: Mayor Nee announced that the Bureau of the Census will place an ad in the newspapers asking people who are residents of the City of Fridley to notify the Bureau if they believed they were not enumerated during the recent census. WAIVER OF SET BACK FOR CONSTRUCTION OF HOWARD JOHNSON RL�STAURANT AT SKYWOOD MALL - REOUEST BY SHELDON MORTENSON; Sheldon Mortenson was present at the Council Meeting, He presented plans to the Council showing the layout of the restaurant in the Skywood Ma11 Shopping Center. The Plans showed a setback of 50 feet for the restaurant. Sheldon Mortenson stated that the ordinance required a setback of 80 feet. IIe said that as a result of the reduced setback, there wi11 be a driveway in £xont of the building with parking in the back of the building. Councilman Wright asked how close the nearest building would be to the proposed restaurant. Mr. Mortenson answered that the building would be in line with the grey house presently located on the property and that plans are not to build on the ad�oining 1ot. Councilman Wright asked if- the owners plan to build a motel in con,7unction with the restaurant, eventually. Sheldon Mortenson answered, "No, not here." The City Attorney stated that he believed construction of the restaurant wi11 be a real credit` to the community, Councilman Thompson stated that it was conceivable the Minnesota Highway Department might ob�ect to the reduced setback of the restaurant since the Highway ➢epartment wants good road visibility. Sheidon Mortenson stated that he believed there would be more congestion of traffic in the area with parking in front of the restaurant and an 80 foot setback for the restaurant, than there would be with the present plans for a 50 foot setback and parking behind the restaurant.' The City Manager suggested that the Council could approve the request for a reduced setback with reluctance, and suggest no parking be allowed in front of the restaurant. blr. Mortenson asked the Council �ahether they would merely pass a motion stating that they were receptive to the idea of changing the setback for the restaurant. He stated that the idea for the reduced setback was a suggestion of the real estate agent, that the arclu tect who wi11 design the resataurant has not_done so and might locate the building at 80 feet or some other figure. Mayor Nee stated that he was in favor of granting the request. The City Manager suggested that the Council pass a motion saying that they will Cooperate within a11 legal restraints to help a Howard Johnson Aestaurant to locate in the City of Fridley. Councilman Thompson stated Y.hat he believed the I'oward Johnson Restaurant would be a good addition to the City of Fridley and that the City of Fridley ought to cooperate with the builders as much as possible. SOZUTION NO_ 63-1965 - [ SUBUREAN SANITARY SEWER OF RESPONSIBILITY FOR SEWAGE DISPOS.�Z S�RVICE, AND AUTHORIZING AND LIMITING THE DISCHARGE OF TREATED EFPLUENT; Mayor Nee stated that Senate Fi1e No. 1711 requires the N.S.S.S.D. to add communities to its membership at the request of the City Council of the community and the vote of the people to assume its share of the bonded indebtedness of the District. He stated, £urther, that he believed this bill does not create any disadvantage to Fridley, since the revenue from the additional members in the District will decrease the proportion to be paid by the City. He stated that the North Suburban Sanitary Sewer Distrct was not obliged to provide sewers immediately for these communitites but only to plan for them, and that the bill does not provide to the additional communities anything which the District did not originally plan to provide to them. The Mayor stated that the capacity in the sewage lines of the District is paid for out of user charges and that the only detriment that he could foresee in the addition of more members to the District Wou1d be that �� i � the ma�ority on the Board might change, The Mayor stated further that the bill allows the District to perform planning West of the river, if the District wishes to do so, The bill provides that effluent rnay be discharged into the St. Anthony pool. Mayor Nee stated that the present Board of the North Suburban Sanitary Sewer District is limited to 11 members, that with the addition of more conanunities to the District a reapportionment of the representation of the District will have to be made based on the population of the District, The byll provides for a means by which communities may be dissociated from the District, however, the proceeding is difficult. � An amendment to the bill provides that the N.S.S.S.D, have access to the river for the discharge of treated e£fluent. This amendment was added to the bill apparently, to induce the District to add more communities to its membership. Mayor Nee stated that Senator Rosenmeier wished to ki11 the metropolitan a�ea bill and provide the District wrth access to the river for the discharge of treated effluent, and provide for the estab- lishment of a Southwest Sanitary Sewer District. He stated that he believed Che solution to be a correct one and a sensible one to the prob- lems of the area. Mayor Nee stated further that Senator Hoium had advised him that if the amendment providing access to the river for the discharge fo treated effluent does not pass or is detached from the bi11, that Senator Hoium will have the bi11 killed. Mayor Nee stated Chat it had heen the policy of the District at the present time not to grant the request of the Village of Lexington and the Village of Circle Pines £or membership in the N.S.S,S.D. in order that support for the bi11 might be increased by these communities. Councilman Sheridan asked why are terms in the bi11 given as limiting the discharge of effluent. The Crty Manager answered that the provisions of the bill limited the discharged effluent to the standaxds of the Water Pollution Control Commission and did not limit the quantity of the effluent which could be discharged into ehe river. Councilman Sheridan asked what action the N.S.S.S.D. could take in the future if the State or Federal Government were to raise the standards of acceptable effluent discharged � into the river. The Mayor answered that the standard as presented by the Water Pollution Control Commission provided that effluent discharged into the river have almost the same quality as that of drinking water and that he could foresee no change in the standards since the standards provided that 90 to 90% of the solids be reduced from the sewage and that equipment could remooe 95% of solids depending on the flow of sewage through the plant. The plant furthermore could provide heavy chloxination to the effluent during the periods of 1ow river flow. Councilman Wright stated that the standards for the discharge of the effluent depended upon the low level of the river, Chat the dilution capacity of the effluent was a factor in determining the character of Che discharged effluent, and that there is no arbitrary ceLling on the number of cubic feet per second which could be discharged into the river. The Mayor stated that the effluent wi11 be of higher quality than the present water in the river, Councilman Wright asked whether it were possible for the District to grow as much as it needed or wanted to in the future. the Mayor ,answened, "Yes." Dlotion by Thompson to adopt Resolution No. 63-1965. Seconded by Wright. Upon a voice vote, there being no nays, the motion carried unanimously. -1965 - OPPOSTNG AIITHORIZING THE LEGISLATURE H.F. �€806: 3�1:�SD Mayor Nee stated thzt he had called the Govexner�s of£ice to try to find out � if the Governer's office was of the opinion that the bi11 would not be passed. He stated the Governer's office did not wish ta render an opinion since there is a question of whether or not the Governer would veto the bill. The City Manager stated that there were two bills of this nature in the legislature this session; one bill, proposed by the Minnesota League of Municipalities, is not likely to be passed this session; the other bi11 is being supported by Senator Rosenmeier. The I,eague till provides that the ma7ority of the communities in a District that wish to adopt a pro,�act may do so by a ma�ority vote. Mayor Nee stated that Senator Rosenmeier has been very cooperative and has helped the City of Fridley in a number of ways during the session and that � � 1�,..1 175 he did not like to oppose the SenaCor on this bill. The City Attorney stated that it was generally to the interest of the City to oppose the bi11 in order to retain a11 the authoriCy that a home rule City normally has. The Mayor stated that there are no limitations in the bi11 specifying how far the legislature may go in determining the actions of a municipality in con�unction with other municipalities. He stated that the legislature could discriminate axbitraxily without any recourse to the local community. He stated that he believed this to be a violation of the sense of home rule which is given to Cities having home rule charters. The City Attorney stated that on a particular problem provisions of this bill might be all right, but that he believed that the bill violated the principle of home ru1e, The Mayor stated that he thought this bi11 would provide an opportunity for the legislature to interfere in the affairs of the 1oca1 community and to resolve the problems of 1oca1 communities without the consent or action of local officials elected by the communities. Councilman Wright stated that he believed Lt would be necessary for the Council t� indicate what they helieve is in the best interest of the City of Fridley. He stated that he would therefore propose that the resolution as presented to the Council be amended and that 1 of the reso- lution have the words added to it "in its present form" Mayor Nee stated that in regard to statement 2 of the resolution that he believed the Council could support some form of provision concerning local consent. Councilman Wright suggested that statement 2 be amended to read: "Providing certain specific limitations on the local consent requirement." He stated further that the third sentence of the resolution should read, "whereas this Council is and has been opposed to legislatLOn that by general law authorizes the legislature to circumvent the constitutional requirement of local co�isent." Motion by Kirkham to adopt Resolution No. 64-1965 as corrected. Seconded by Sheridan. Upon a voice vote, there being no nays, the motion carried unanimously. RESOLUTION N0, 65-1965 - DESIGNATING AUTHORIZED REPRESENTATIVE FOR DISASTSR COST REIMBURSEMENT• The City Manager passed out copies of Resolution No. 65-1965, He stated' that he had inserted the words designating the City Manager as the authorized representztive for disaster cost reimbursement, although the Council could designate anyone as this person. He stated further that the application for disaster cost reimbursement will be made Public Law �k875 The City wi11 work with the Office of Emergency Planning to obtain funds far disaster relief. Under the provisions oF Public Law �k875, inspectors from the Office of Emergency Planning will be in the City of Fridley to inspect the damage done by the recent floods. In order to provide the inspectors with information as to_location of the damages, the City Engineer had prepared a map delineating the areas and describing the kind of damage which has occurred in each area. The City Engineer showed the map to the Council. CouncLlman Shezidan stated that he thought that Supiter Street ahould be designated on the map and included in the application for reimbursement of disaster costs since the street had eroded to the point where the sewage piping is visible in the street. Mayor Vee stated that Channel Road had been eroded considerably during the flood and suggested that perhaps this street should be included in the map for the inspection team to look at. Councilman Wright stated that clean up in the parks should be included, and that debris clean up on Chases Island be included Ln the application for reimbursement of funds, Motion by Wright to adopt Resolution No. 65-1965. Seconded by Kirkham. �[Ipon a voice vote, there being no nays, the motion carried unanimously. CONSIDiRATION OF POSSIBLE RENEWAL PAOJECTS IN RIVERVIEW HEIGHTS: Mayor Nee stated that he had communicated wrth the office of Senator McCarthy regarding obtaining funds Por possible renewal pro�ects in Riverview Heights. He stated that E1mer Binford, Housing & Home Finance Agency in Chicago, said that any reasonable pro�ect would probably be approved. The C�.ty should proceed to set up a redevelopment authority to obtain funds for urban renewal, and under provisions of the 1aw, 75% of the cost will be paid by the Federal Government and 25% by the 1oca1 Government. The City, following renewal of the area, will then purchase the la�d from the authority and use the land for parks. The purchase price of the land will be the appraisal value of the land following renewal. The City Attorney stated that in an action in which �1� he represented Walter Harris, he had sold two lots for the price of $S00 and that no dwellings were located on the 1ots. The City Eingineer presented a map which showed the locations of the homes in the area of the proposed urban renewal, and the flood plain within the 816 foot contour. Mayor Nee suggested that the elevation line for the flood plain be changed to an elevation for 820 feet and that the area be extended to include access to the highway for the future use of the park. The Mayor asked the Council whether or not the Council wished to proceed with the project to obtain urban renewal funds to improve the area and turn it into a City Park if the pro�ect is feasible. Councilman Wright asked why the project was extended to Kimble Street. IIe suggested that it be changed to include the area bounded by Fairmont, Hugo, Cheryl, and Apex Streets. He suggested that the Planning Consultant be Authorized to study t�e area in conjunction with the Planning Commission to delineate the area in more detail. Council- man IZirkham stated that the pro�ect should be extended to include not only the park but other purposes of urban renewal to the north and east�of the area as we11. Councilman Thompson stated that he believed the Council should proceed with the pro�ect now since the timing is favorable to the pro�ect. Councilman Sheridan stated the Council would never know whether or not the application for Federal Funds for Urban Renewal in this area would be available unless they were to ask for the grant. The City Attomey suggested that it would be to the benefit of the City to include vacant areas and to spread the area for urban renewal over cheap land, that cheap housing values in the area would reduce the entire value of the pro�ect and make the purchase of the land for park property, later on, a lower cost to the City. Motion by Wright to request the Planning Commission, and to authorize the Planning Consultant together with the Planning Commission, to proceed immediately with a study of Riverview Heights for the purpose of conducting an urban renewal pro�ect and constructing a future City Park in the area, and present recommendations to the Council at the earliest possible date, Seconded by Thompson. Upon a voice vote, there being no nays, the motion carried unanimously. CLAIM AGAINST CITY - RUSSELL UNDEAHILL: The City Manager read the claim against the City by Russell IInderhill. Motion by Sheridan to waive written notice and to consider the claim against the City by Russell S. Underhill. Upon a roll call vote, there being no nays, the motion carried unanimously. Motion by Izirkham to receive the claim of Russell S. IInderhill against the City and refer it to the administration for processing. Seconded by Wright, Upon a voice vote, there being no nays, the motion carried unanimously. SUSPENSION OF BUILDING PER1�fITS IN RIV�RVIEW HEIGHTS: The Mayor stated that he wished to have the Council suspend, temporarily, the granting of Building Permits in Riverview Heights since this area mzght be included in an urban renewal pro�ect. Motion by Sheridan to suspend granting of Building Permits in Riverview Heights within the 825 foot contour line until June 7, 1965. Seconded by Kirkham. Upon a voice vote, there being no nays, the motion carried unanimously. ADJOURNMENT • There being no further business, Mayor Nee declared the meeting ad�ourned at 9:35 P.M. Respectfully submitted; �� �� �J��� Raymond E. Bade Secretary to the Council ��� � ��� w�ii�� 1. N � Mayor � u �