Loading...
01/11/1971 - 00018360r �, ,�v THE MINUTES OF THE SPECIAL PUBLIC HEARING MEETING OF JANCJARY 11� 1971 � PLEDGE OF ALLEGIANCE; Mayor Kirkham lead the Council and the audience in saying the Pledge of Allegiance to the Flag. Mayor Kirkham called the Special Public Hearing Meeting of January 11, 1971 to order at 7:45 P.M. ROLL CALL: MEMIIERS PRESENT: KelshaW, Kirkham, Liebl, Harris, Breider MEMHERS ABSENT: None ADOPTION OF AGENDA: MOTION by Councilman Liebl to adopt the Agenda as presented. Seconded by Council- man Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. PUBLIC HEARING ON INIPROVEMENT PROJECT ST. 1971-3, ADDENDUM NO. 1 AND DISCUSSION REGARDING REVISED SAEETY AND ROAD IMPROVEMENT OF EAST RIVER ROAD AND OTHER ROADS � IN THE AREA= Mayor Kirkham read the Public Hearing Notice and explained that actually the legal hearing on the pro�ect for the improvement of East Rt.ver Road and ad�acent streets has already been held. This informal hearing is on the changes in the plan in response to the residents in the area. The City Engineer said that the legal Public Hearing was held on October 13, 1970. Basically, at that ta.me, the concensus of opinion was that there should ]ae �hree signals instead of the two proposed. The present proposal incorporates three signals. The County is holding their hearing concurrently. He said that he would fhen turn the Meeting over to Mr Sake Lundhexm, Anoka County Engineer, and asked that the questions be directed to him, and the City would answer questions regarding the side streets. Mr. Jake Lundheim, Anoka County Engineer, said that this Meeting was being called pursuant to Section 128 for the purpose of discussing the imp.rovement of County State Aid Highway #1 from I. 694 to approximately Rice Creek Way. Mr. Gardner will discuss the pro�ect in detail and explain the changes from the first proposal. This meeting was advertised in the Sun and Anoka County Union. The County held their public hearing here last September 23rd, and the City has held their hearing on the same project. He said that they were o£ the opinion that this section of road needs to be upgraded. He asked that anyone who wished to speak should come forward and state thezr name and address. After the Eormat he inva.ted the audience to go across to the Community Room where , they would attempt to answer their questions. He said that the record would be open for 10 days, then would be forwarded to the Highway Departsnent. He introduced Mr. Gardner, who was in charqe of the pro7ect. �i r" �� �� ,�, � . SPECIAL PIIBLIC HEARING MEETING OF JANUARY 11, 1971 PAGE 2 � Mr. Gaxdner, of Bather and Associates, said that the improvement covers four general areas; history, design, operation and right of way. He said that they could be more specific on the right of way requirements. He said that thep would present an alternate method of solving problems of dense land use and dense traffic problems. The result of the study is tha.s alternate plan whlch was considered a workable solution. He said that the reasons for the improve- ment have already been gone ovez at the improvement hearing. Starting with the center of the roadway, there would be a 4' wide median. On each side there are two driving lanes 12' in width. There are to be 10' shoulders to provide emergency stopping. Curb and gutter and a 7' - 8' wide grass boulevard are to be provided. This is a total o£ about 90 feet right of way. The median will vary from 4' to 16' wide at intersections, to in between widths. There would be an openinq provided for left turns in three places between the freeway and Rice Creek. The first would be at Georgetown Apartments and Downing Eox. The second place would be the entrance to the elementary school. The third would be at Mississippi Street where there is a present signal. The intent is that left hand turns could only be made at these points. Right hand turns would be as it is now. Each intersection would have a full left and right turn lane. The frontage roads axe minor and would connect to 59'� Way to the multiple dwelling area on the west side only. There is a short seciion of frontage road north of the school entrance, to give entrance into Riversedge Way. Under the City portion of the improvement there would be a connection made on Riverview Terrace to make access to signals at Mississippi Street. There is some improvement of the streets on the east side of East River Road � parallel to the railroad tracks to provide for movement of traffic. In talking about right of way, in �he past 'they have not had the exact amounts of r�qht of way needed. Now he could give the exact amount of right of way. From the south end of the pro�ect to 63rd Avenue all the right of way would come from the east side which was occupied by xailroad right of way, except for a frontage �acility on the west side. He asked that individuals wanting to know how much rLght of way is necessary Prom a particular parcel to wait until they ad7ourn to the other room. The method of riqht of way acquisition is that the County would be engaging an appraiser and he would determine what is a faix amount of money for it. Earh individual is entitled to hire their own appraaser and an appraisal could be appealed. There is relocation assis�.ance provided and he would call on Mr. Patrick Murphy, Distxict Engineer to explain this. There are four relocations necessary in this pro�ect. There is an individual's home directly north of the school entrance that would have to be taken to provide entrance. There is a business in the southwest quadrant of Mississippi Street that would also have to be taken. There is a garage behind and west of the gas station and one more garage between 62nd and 62'� Way on the eas� side that would haee to be relocated. These people would qualify for relocation help from the Highway Department. Mr. Patrick Murphy, District State Aid Engineer, said that this pro�ect would be Federally funded as part of T.O.P.I.0 S. program. The State Highway Department is not dixectly involved, except through the funding. The Highway Department a.s staffed to help with relocation of the residence, business and garages. They would help with replacement housing. A fair market value for � the home would be provided and information on rental property. There would be help with relocation expense, and the taxes would be prorated. $5,000 is the top figure for reloCation expenses for the owner of the house and the business. There could be up to $5,000 help if the business could not find another place to continue the business. As to the garages, reimbursement for moving the � i�'d� SPECIAL PUBLIC HEARING MEETING OF JANIIARY 11, 1971 PAGE 3 personal effects from the garages would be given. The County negotiates for ' the right of way. The propertp owner would be contacted within 10 days for relocation, and provide relocation assistance and payment. From that time there is 90 days gzven to vacate. There is a procedure for appeal if the person is not satisfied with the amount. Mr. Jake Lundheun called on Mr. Mike O'Bannon, Anoka County Commissioner for any comments he would wish to make, but he had no comments. Mayor Kirkham said that this pro�ect has been planned for a long time, The formal legal hearing has been completed. This is 7ust an informal hearing to bring the people �.p to date. It is felt that there must be an impzovement made. Councilman Liebl said that this pro�ect is anticipated. Last year the Council approved having a study made, and coming up with a plan. He felt the Council also wanted to know where the signals should be located, based on County standards. He said that he would support these locations after carefully studying the plans. He said that thexe were three questions that needed to be asked. 1. What does the Council wish to accomplish wrth these plans. 2. Is it in the best interest of the City of Fridley? 3. Does the City need three ma�or highways going through the City of Fridley� He felt that the signals were needed for Georgetown and Downinq Box and LaMaur and also for the school. He said that he could not support the idea 'that East River Road must be widened. There is no extra land available. Even now the houses are too close to the highway right of way. Taking more right of way would endanger the resxdences more. As to the speed on East River Road, he , felt that there should be stricter enforcement of the traffic laws by the Police Department and they ought to crack down on violators. He felt that this would solve SOo of the traffic problems. East River Road is a residential road with �ust some commercial and multiple use, but &0% of it is residential. He felt that bp widening East River Road, would be creating greater problems even with the left hand turns. The side streets have been deleted until the 1972 construction season. He felt that they should stay deleted because the people just cannot afford the cost of the improvement. Consideration should be given to rezonzng Fridley Park and future construction before the people's money is wasted. Just widening the street and installing left tuxning lanes will not solve all the problems. It will increase traffic on East River Road and eventually there would be an increase on the side streets and the speed limit would be raised on East River Road. He sald you have to consider the cast in relation to what it will do four years from now. In order to build a wider street, you would have to condemn more homes. He said that he did not believe the Council wasted their money in getting this study, but he would like to read into the record these points, l. Enforce txaffic laws firmly. 2. Indicate intention to keep �ast River Road a minor thoroughfare, and not a major highway. 3. Urge expediting completion of Mississippi from 2nd St. to East River Road including the underpass. Nlr. Walter Tuchfarber, Corporate Officer of LaMaur, said that he has always had the utmost cooperation from the City of Fridley. They have a new plant in the City and have en7oyed it very much. When they first moved last summer there was no traffic signal at I. 694 and East Rivex Road, He campaigned ' very hard for a traffic sYgnal at their access, and that of Downing Box a.nd Georgetown Apartments. FIe said that they have a lot o£ employees and so does Downing Box. Since they hatre moved in, there has been a signal put in at I. 694 and East River Road and this has greatly alleviated their problem. The �� . a .a .� � � ti SPECIAL PUBLIC HEARING MEETING OF JANUARY 11, 1971 PAGE 4 � interval between red and green provides a chance for cars to enter the traffic flow. Downing Box now feels that they are adequately provided for. He said that he had not talked to Georgetown, but he felt that for LaMaur, the signal that was put in adequately takes care of their problem. He wondered if the additional traffic light might not be necessary. Mr. Lundheim asked Mr. Tuchfarber if he noticed the difference after the signal was put in at I. 694 and East River Road. Mr. Tuchfarber saa.d that the difference was dramatic. Mr. Lundheim invited the people to go across into the Community Room to further answer questions. The audience indicated that they still had questions they wanted to ask of the Council. Mr. Richard Harris said that there seems to be a creda.bility gap. FIe said that he has sat through all the hearings since the onset of this program and it seems to be the feeling on the paxt of Mr. Gaxdner, Mr. Lundheim and the City Engineer that the pro7ect is necessary, but the people do not seem to think so He asked Mr. Lundheim if, in his estimation, the pro7ect was necessary. Mr. Lundheim answered that in his opinion it was. Mr. Harris said that a couple of years ago the City had some fatalitieS on East River Road and at that time the request wa5 made to reduce the speed limit and have stricter enEorcement of the traffic laws. The Chief of Police said that they were unable to enforce the traffic laws and the speed limit. The Councilnan £rom the Third , Ward has �ust called for this to be done. Wrth this improvement could the traffic laws be enforced? Mr. Lundheim said that a speeder could be appre- hended as there would be a shoulder to pull him over onto. Mr. Robert Brokopp, Burlington Northern, said that he did not believe the people understood the widening and the right of way to be taken. The entire width is not the final width of the street, and cannot be used by the pro- perty owners. Mr. Lundheim said that all along the roadway there would be a green boulevaxd strip that would vaxy between 7' and S' from the back of the curb to the right of way line. Mr. Brokopp asked if this would be a permanent easement and Mr. Lundkzeim said it would be. Mr. Brokopp said that they would not like to see any more right of way taken if possible. These are industrial parcels north oE Downing Box to 61st Way and are already quite narrow. He said that they have been having difficulty in getting industry on these parcels. He asked that �he very minimum width be taken, as they would like to maintain the property with substantial limits. Mr. Gerald Kantor, 6220 East River Road, said that he was aware of the problem. He had a car come into his home and the driver was killed. He has seen drivers hit telephone poles, and the usual cause was excessive speed. He said that he abides by the speed limrt and cars pass him. Since the stop lights weze put up and the speed limit of 40 M.P.H. he said that he has noticed a decrease in speed. He said that he would question the necessity of tha.s whole pro7ect if the speed limit could be enforced. Enforcing the speed limit should take care of the safety problem. � A lady in the audience asked if they would be goa.ng ahead anyway. Mr. Lundheim said that the comments would be re-evaluated. � � � � SPECIAL PUBLIC HEARSNG ME$TING OF JANUARY 11, 1971 PAGE 5 Mr. Art Voigt, 6210 Alden Way N.E. asked i£, during the peak hours, you can ' control the speed wrth thzs median? He felt that rt would be impossible to enforce. This would be making East River Road more open and there would be more of the same thing. He said that the City Engineer has stated that 750 of the traffic is Fridley generated, but he did not believe it. We built our homes to lave in peace, not to have a freeway running through. Mr. Richard Brown, 6103 East River Road, said that he was of the same opinion as Councilman Liebl. He felt that this was a piece meal plan that ends at Rice Creek. Not enough care has been given to the people who live there. They will have to give up property and be assessed for something that will make rt a less fit place to live. Mr. Maurice Filister, Georgetown Court Apartments, said that he agreed that there must be some steps taken for safety. It is used as a freeway at present with speeds of 50 - 60 M.P.H. Stop lights along East River Road will help curtail the traffic and will slow it down. The Police Department should try to control the speed on East River Road. He said that he did not go along with ma}:ing East Ra.ver Road wider. It would place the street 16' from one building and 12' from a 30 car garage and 30' from one building. He said that there would be 600 cars coming down the side street 12' from a building, and could this be considered safety? Land should be taken from the east side of East River Road rather than put in a road 12' from an apartment building. He said that he could see no safety factor in putting in the street that close to houses. He said that it did not make sense to him. ' Mr. Paul M. Segner, 6470 Riverview Terrace N.E., asked what happened to the crossing on 61st. Mayor Kirkham said that the Railroad and Warehouse Com- mission refused the City's request, Mr. Segner said that he was a participant in the Citizens Service League, and the answer does not lie wrth the control of the automobile, but rather with the control of our public o£ficals. We have been afflicted with a Highway Department. There is no excuse for having a third ma�or highway running through the City. The grading on East River Road was not within 6" last time it was graded. Part of the reason there is a problem with East River Road was that it was not straightened out last time it was worked on. The drainage problem dumped water across the road. In cold conditions zt becomes a skating rink. What assurance have we that this will be any better? The people cannot afford to have this type of public officials. He said that he did not know why he should have to sit through this. He said that he felt that they have the right to expect greater confidence in the construction of East River Road than they have had so far. Mrs. Don Tyler, 116 Riversedge Way N.E. asked what safety factor was there�in taking out the house by Riversedge Way. She said she was told that the traffic light could not be run 24 hours a day. Mr. Gardner said that it would be a fully operated signal. The house has to be taken to provide access to the intersection. Mrs. Tyler said that there was a drainage problem on Eas�t River Road, and would not the cars slide into the median? Mr. Gardner said that the drainage features were incorporated znto the plan. Mr. Filister asked what was the cost of this proposal. Mr. Gardner said it ' would probably be close to a million dollars. He was then asked how it was Punded. Mr. Lundheim said that there would be Federal aid for 50� of the pro7ect. The other 50% would have to be the City and County responsibility. Mrs. John Othoudt, 20 63rd Way N.E., asked if they would pay assessments for the service roads. �� �� f;�� o , SPECIAL PUBLIC FIEARING MEETING OF SANUARY 11, 1971 PAGE 6 � Mr. Melvin Kocinska, 43 62'� Way N.E, asked if they would be assessed directly. Councilman Liebl said yes. They would be getting SOa Federal funding, and 25o would have to be paid by the County and 25� by the City through assessments. The side streets would be assessed. Mr. Kocinski said that he lives on 62'� Way and asked if he would be assessed. Councilman Liebl said all abutting property owners would be assessed. Mayor Kirkham explained the assessment procedure and said that the same polacy would apply. Mr. Kocinski said that he has already paid for one street. Ashton Avenue was just an alley. The only reason it 1s now a street is that people started driving on it. He said that he could see no reason why they should pay £or it. It should be state aid and the residents should not have to pay one dime. Why not wait until the railroad gets done building the railroad tracks? Mayor Kirkham said that this hearing is held in response to the public. He kept hearing that something must be done to East River Road. Mrs. Tyler said that she would like to see the tra£fic lights and have the Police Department enforce the speed la.mits. Mayor Kirkham asked Councilman Harris to take the Chair, which he did at 8:50 P.M. Mrs. Clarence W. Theisen, 111 63rd Way N.E, asked what change this proposal would make in their fire protection. Would rt take more time to get to their premises beaause of the median? Mayor Harris Pro tem said that this Council � has been very concerned about on grade crossings at the railroad tracks. At times trains block the tracks. They have negotiated with Burlington Northern Railway and have appeared bePore the Public Service Comma.ssion to ask their concurxence for an underpass, which was denied. The City has now succeeded in negotiation with Burlington Northern for the completion of an underpass on Mississippi Street. Mr. Theisen asked what about the median, will this cause a delay? This could change their insurance premiums. Mayor Harris Pro tem said that tha.s could be a factor, he did not know. The Council's main concern has been to get the vehicles to the other side of the tracks without obstnxction. Councilman Liebl said that the County is trying to solve a problem. There is a hazard in the drainage along this street, along with traffic control. There are no catch basins for the watex, so it drains to the other side of the road. One of the problems has been that the Police Department cannot enforce the laws, but he would have to disagree. Fmm Mississippi north these is another type of road, and af it cannot be stxaightened out, he would question the merits o£ the proposal. This is the concern of everyone using the road. The traffic must be controlled more fixmly. In some areas a speeder can be caught. He believed that it should be straightened out and the drainage problem solved and the traffic slowed down. He said that he felt that the three intersections were necessary. Mr. Kocinski said that he would go along with the signals 100�, but not the rest o£ the proposal. He asked why assess them for Ashton, when they do not want it. A member of the audience said that there was a lady that would be run , out of town as she could ne�t afford it. Mayar Harris Pro tem said that the reason for having this hearing tonight is since he was elected in 1965, there has been some interest in improving East Ra.ver Road. Yeople have been asking t.hat something be done. Noting a substantial amount of interest on behalf of the residents this Council felt ,� i _L ��V `� SPECIAL PUBLIC HEARING MEETING OF JANUARY 11, 1971 PAGE 7 it necessary to proceed to do something about East R�.ver Road. Noting that ' this is not a City street, but a County road, the City aske$ the County to look into the possibility of improving and upgrading East River Road. Our Adminis- tration at the direction of this Council was to look into East River Road from I. 694 to the Coon Rapids limits. The County was asked to prepare something reduced to writing and this is the plan. The County indicated the necessity of marshalling their money so they concerned themselves with a portion of the road and prepared some plans. The City Engineer has talked to the County Engineer many times. The County realized that they did not have the staff ox facilities to do the study so they hired an outside consulting firm. They wanted an impartial unbiased opina.on and this is why Bather and Associates was hired. A member of the audience said that these people making the survey do not live here, they do. The children do not have any place to play now. University Avenue was financed by government funds, tha,s should be too. Mayor Harris Pro tem said that they did not know exactly about the funding. 50o will be Federal funding and the rest would be County cost appo.rtionment. N1r. Lundheim added that he did not know how this would work out yet. A member of the audience said 'that 'there is already Central Avenue and Univer- sity Avenue and East River Road should be left as it is. There is the park and Locke house located on it. When you get to Minneapolis the speed limit is 30 M.P.H. He asked that �.t be left the way it is and slow down the traffic. A lady in the audience said that if there were people in favor of the improve- ment, why were they not here tonight. Everyone present is against the improve- nebt. Mayor Harris Pro tem said that some people have spoken in favor of the , signals. The lady said yes, but they are against the widening of East R�.ver Road. A lady in the audience read a clipping £rom the newspaper and asked that the Council be truly representatives o£ the people and obsesve their wishes. Mayor Harris Pro tem said that he felt that the Council has been responsive. The Council does not initiate petitions, they come from the people. A member of the audience said that he had some petitions to present and came forward and gave them to Mayor Harris Pro tem. PETITION NO. 2-1971 - OPPOSING IMPROVEMENT OF THE EXTENSION OE ASHTON AVENUE AND FURTHER THAT THEY SHOULD NOT BE ASSESSED: PETITION NO. 3-1971 - OPPOSED TO THE CENTER ISLAND IN EAST RIVER ROAD BUT IN AGREEMENT WITH THE INSTALLATION OF THE SIGNAL LIGHTS• PETITION NO. 4-1971 - OPPOSED TO STREET ZMPROVEMENTS ON 63RD WAY N.E. AT THIS TIME OR UNTIL THE RAILROAD HAS COMPLETED THEIR IMPROVEMENTS: PETITION NO. 5-1971 - OPPOSED TO STREET IMPROVEMENT ON 63�Z WAY AT THIS TIME OR UNTIL THE RAILROAD HAS COMPLETED THEIR IMPROVEMENTS: Mayor Harris Pro tem read the petition headings aloud far the bette£it of the audience. ' MOTION by Councilman Liebl to receive the foregoing petitions. Seconded by Councilman Breider. Upon a voice vote, all votinq aye, Mayoz� Harris Pro tem declared the motion carried unanimously. r � � ��,� SPECIAL PUBLIC HEARING MEETING OF JANUARY 11, 1971 PAGE S � Mr. Filister said that widening the road would create more traffic. He thought it would be wiser to keep East River Road the same width and put in semaphores and extend them north to slow down the traffic as it comes to this section Mayor Harris Pro tem said that the City and County does have a pro7ection for putting signals at 79th Avenue, Osborne Road and 71st Avenue. Mr. Filis�er asked if this would not slow down the traffic without widening the roadway. Mayor Harris Pro tem said that the driving surface would be the same as it is now. There would still be two lanes each way. There has been concern expressed that when there are two opposing lanes of traffic the tendency is to wander across the middle into the opposing lane, especially when the surface is not the best, such as when covered with snow. The County Engineer added that the lanes would be as they are now; 12' lanes going each direction. Mr. Geoxge Danielson wondered what the improvement as proposed would do to these people living on the east side of East River Road. He suggested that Fridley Park could be rezoned to R-3 as it is not suitable for residential development because the railroad is going to raise the tracks 3 feet and the encroachment of East River Road, with the noise and traffic. There is an electric power line running throuqh there that they cannot qet rid of. The underpass on Mississippi Street and East Ra.ver Road improvement will be a great expense. He felt that there would be a lot of law suits. The people are going to have to pay for this at 7io £or many years to come. He said that his share would be quite costly. He felt that the Council and the County should take these people's wishes into consideration. Mayor Harris Pro tem said that they would entertain a petition to rezone Fridley Park if one is � submitted. Mr. Danielson said that he felt that East River Road should be rezoned to R-3 all the way up as it is not a suitable place to live because of the traffic noise. He added that most of these people in this area are 7ust normal working people and cannot afford it. He commented that the median has been the cause o£ accidents in Crystal and St. Louis Park that he knew of. A member o� the audience said that he lived on 63'� Way and was in favor of the semaphores and slowing down the traffic. Mr. William Sorenson, 15 62i Way N.E., said that he would like to see the semaphores put in, but leave the rest the way it is The lights would tend to slow the speeders down. A memher of the audience said thank you to the Council for allowing them to speak their minds. MOTION by Councilman Liebl to close the informal public hearing on the East River Road Improvement Pro�ect. Seconded by Councilman Y.elshaw. Upon a voice vote, all voting aye, Mayo.r Harris Pro tem declared the heara.ng closed at 9.35 P.M. RECESS: Mayor Harris Pro tem declared a recess from 9:35 to 9:55 P.M. � CONSIDERATION OF ADDING ADDITIONAL ELECTRIC SERVICE AN➢ ADDITIONAL LIGHTS TO PARK BOILDING, 6911 UNIVERSITY AVENUE AND APPROVAL OF CHANGE ORDER NO. l, PROJECT #95-B: The Acting City Manager said that this item is not specifically in the 1971 budget. The water improvement bonds were used to finance the well house. This would run 20 years so tha.s does not have to be in the 1971 budget. ��� ,,, �, i { i SPECIAL PUBLIC HEARING MEETING OF JANUARY 11, 1971 PAGE 9 Councilman Liebl said that he would concur with Change Order #l, with the � emphasis on the flood lights. The City Engin.eer said that now the trans- former is on pole. With this Change Order the transformer would be on the ground and the controls would be inside the building. This would provide for the addition of some more poles and flood liqhts for both winter and summer use. Thzs would be much the same arrangement as for Commons Park. Councilman Breider wondered if this is not done now, how much additional it would be when it is put in. The City Engineer said that thexe is a normal increase in labor and materials. The park facilities could be used later in the evenings with this lighting. Councilmen Harris and Breider indicated that they would be against taking anything more out of the park budget. The Acting City Manager said that it could be budgetted into the 1972 budget. Councilman Harris said that there is a possibilrty that there may be some left over in the 1970 budget. The City Enga.neer said that there is money in the utility bond fund. It could be borrowed for one year, and paicl back at 7o interest. If the project was delayed, it would be l00 - 15% higher. MOTION by Councilman Liebl to concur with the Change Oxder #1 for Project #95-B. 5econded by Councilman Harris. MOTION AMENDED by Counci]man Breider to give the Parks and Recreation Depart- ment direction that nothing is to be deleted from their 1971 budget for this � expenditure. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the amendment carried unanimously. UPON THE MOTION, being a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried unanimously. The City Engineer suggested that the Council authorize the signing of the Change Order if less than $4500, so it would not have to be brought back before the Council. DISCUSSION REGARDING WAIVER OF BOND FOR STREET CONSTRUCTION AND RELEASING MONIES FOR UTILITY IMPROVEMENTS FOR HEATHER HILL5. REQTlESTED BY MIKE O'BANNON_ PESSTION NO. 6-1971: The City Attorney said that he had talked to Mr. Mike O'Bannon on two occasions. He suggested that Mr. O'Bannon petition the City for construction of the street i£ it is not completed by August 15, 1971, which he has done. He advised that the City would be protected with this communication on file. MOTION by Councilman Liebl to receive Petition #6-1971 from Mr. Mike O'Bannon dated January 11, 1971. Seconded by Councilman Kelshaw. Upon a voiae vote,all voting aye, Mayor Harris Pro tem declared the motion carried unanimously. MOTION by Councilman Kelshaw that the money held by the City for utility improvements be released. Seconded by Councilman Liebl. Upon a voice vote, a11 voting aye, Mayor Harris Pro tem declared the motion carried unanimously, ' � !� F% �_ � � !� SPECIAL PUBLIC HEARING MEETING OF JANUARY 11, 1971 PAGE 10 � DISCUSSION REG�IRDING DISPOSZ�L OF D�RT AND ROCK MATERIAI, AVAILA.BLE FROM BURLINGTON NORTHERN RAILROAD YARD EXPANSTON AS PER RAILROAD PETITION: The City Engineer explained that these w�ll be a sizable amount of material available with Burlington Northern's yard construction. This material could be used on private property, and he suggested that the letter as it appears in the Aqenda could be sent out to the property owners. He said that he would like to move quickly so that the designated points for the fill would be set when Burla.ngton Northern starts their construction. Councilman Harris said that in Item #5 there is no set time limit by which the property ownexs have to achieve the grading to proper levels. He felt that there should be a time limit set. The City Engineer suggested that the words, "that it be done withl.n the current construction season" could be added. Councilman Harris agreed and added that if the wark is not done, then the City would do the grading, and charge the cost back to the property owner. Councilman Harxis suggested that there also ba a provision that the psoperty owner should s�gn the agreement agreeing to all the conditions. MOTION by Councilman Sreidex to seceive the communication wsitten by the City Engineer for sending to the property owners and add the additional wordage as outlined. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried unanimously. , CONSIDERATION OF AGREEMENT BETWEEN VIEWCON, INC. AND THE CITY IN RELATION TO THE DEVELOPMENT OF INNSBRUCK NORTH AREA: The City Enga.neer said that the agreement has been rough drafted by him and a copy has been given to the City Attorney and to Viewcon. This is to pro- tect the interests o£ the City of Fridley. It might be in need of some clean-up of the language by the City Attorney. Mr. Darxel Farr, Representative fsom Viewcon, Inc. said that he had seviewed the agreement and they are working toward a second reada.ng of the rezoning ordinance on January 18th. The agreement appears to cover what has been talked about in the past, and they would be willing to sign the agreement. They have the easement for the access to SilVer Lake Road and Mr. Van Ekout, their Engineer, has talked to the City Engineer about the utilita.es. He would like to request that these items be assessed. They are prepared to bond for the maintenance of the street in New Brighton for five years. The people living in the condominium will be maintaining this road in New Brighton after five years in the easterly portion of the project, through a Home Owners Association. The City Engineer suggesteci also that there be an easement for a road that would run from the road to New Brighton to the north for £uture protection. Council- man Haxxis asked if then, if the road is constructed through New Bxighton, to Silver Lake Road, would the easement be given back to the proiaerty owners? The City Attorney suggested leaving the easement along the easterly line as it is conceivable that it might be needed. ' Councilman Liebl said that the agreement drawn up seems to cover everything that has been discussed. He asked Mr. Farr if he could live up to this agreement and Mr. Farr said yes. He said that it was critical that the utility improvements be assessed to them in the dedicated property portion. The i f ' � ) f Lr' � 7 SPECIAL PUBLIC HEARING MEP,TING OF SANUARY 11, 1971 PAGE 11 City Engineer pointed out that none of the other property owners would be ' charged for the re-modification of the utilities, only Viewcon. The City Attorney said that the agreement asks the developer to assume a certain amount for the utilities whether they pay cash or through the spreading of assess- ments. It is critical that this is in contractural form. Councilman Breider asked how many buildings can be built before the sewer line would overflow. The City ENgineer said that there is no problem in that area. He has already presented the Council with the plans for taking action on the sanitary sewer mains modification. Viewcon would have to pay $160,000 before December 31, 1971 for the sanitary sewer system modi£ica�ion. He said that the City would have to build an additional facility to take care of the proHlems they already have. Councilman Harris sa.�d that it has been discussed that Viewcon is to start their single family homes simultaneously with the multiple development. He asked i£ this was going to be done. Mr. Farr said that they have assured tkie peop].e that their first step would be to petition the City for sewer and water and roads in the single family portion first. Councilman Harris said that he would like to see it spelled out in the agreement that Viewcon agrees to start F'ith the sinqle family homes either befoxe or simultaneously with the R-3 portion. Mr. Farr said that they plan on bringing in the trucks and equipment for construction from the New Brighton side, from Silvex Lake Road, so it is necessary that they start completion of the road from the east side. He added that the people have been told that they would start on the single family ' homes first, as that is their plan. He pointed out tha't zf it was not for the R-3 portion, the R-1 would sit there undeveloped. The east side will subsidize the west side. The City Attorney said that if it is the intent of Viewcon to have everything ready by January 18th for the second reading, there is a lot of paper work still to be done. He said that all the documents should be signed and completed before the second reading. He said that their attorney will have to turn over to him a numUer of fairly detailed documents. Viewcon would have to have all the proof of ownership, have all the easements and whatever covenan'ts they would be bound by in readiness. He said that he understood that there would be covenants on the single £amily area, and these would all have to be drafted and signed by Viewcon and the fee owners. Mr. Farr agreed that the restrictive covenants for the single family lots would take some time, but they would like to have the second reading. Councilman Harris suggested that if Viewcon were to have the agreement of the Council, he could pxoceed. He offered to poll the Council on the agreement to give Viewcon an idea that they are willing to Proceed. He said that he would be willing to give his assurance that the agreement would be accepted. She City Attorney said that he would be happy to work with their attorney. Councilman Kelshaw asked if, when the construction is started, would the trucks and equipment be broaght in from the west side through Innsbruck? Mr. Farr said that their intention is to bring in from the east side and that is what they told the people. The City Engineer added that the City would be , doing the work on the westerly portion, and that it is a two phase type of operation. Councilman Kelshaw asked if the City would be using Silver Lake Road and the Crty Engineer said not necessarily, they would use the road most feasible. � ' � � �U� [ �r 9 SPECIAL PUBLIC HEARING MEETING OF JANUARY 11, 1971 PAGE 12 Councilman Liebl suggested that Viewcon's attorney meet with the Crty Attorney and try �o have all the documents ready for the second reading for the first Meeting in February. Councilman Breider asked about #1 of the agreement concerning platting. The City Engineer said that they might have homes started bnt they could not be ocaupied because the facilities are not done. Councilman Breider asked about Item #4 concerning the road in New Ssighton. The City Engineex said that the City of Fridley wants assurance that it will meet the City's minimum standards, so Fridley would approve their design. This will be a private road but it will still have to meet our standards. Councilman Brea.der asked about the ponding area. The City Engineer said that Outlot B is the ponding area. It is now an existing pond. The development will end up with two holding ponds. Mayor Harris Pro tem polled the Council to see if they agree with the agree- ment with the addition that five single family homes have to be built simultaneously with the multiple dwellings. The Council indicated that they were in agreement, The City Attorney asked whether the constructa.on of the utilities can be assessed rather than payment in cash and the Council agreed. MOTION by Councilman Liebl to Yeceive the communication and agxeement. Seconded by Councilman Felshaw. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried unanimously. RESOLUTION #6-1971 - A RESOLUTION REQUE5TING MINNESOTA HIGHWAY DEPARTMENT FQR ASSISTANCE: MOTION by Councilman Liebl to adopt Resolution #6-1971. Seconded by Councilman Breider. Upon a voice vote, a11 voting aye, Mayor Harris Pro tem declared the motion carried unanimouslp. RESOLUTION #7-1971 - A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND EXECUTING A SOINT AGREEMENT WITH THE VILLAGE OF NEW BRIGHTON FOR CONSTRUCTION OF STINSON BOULEVARD: MOTION by Councilman Breider to adopt Resolution #7-1971. Seconded by Counca.lman Liebl. Upon a voice vote, all voting aye, Mayor ftarris Pro tem declared the motion carried unanimously. #8-1971 - A RESOLUTSON SETTING SEWER CHARGES EFFECTIVE JANUARY 1, 1971: MOTION by Councilman Kelshaw to receive the memorandum from the Acting City Manager dated January 7, 1971. Seconded by Councilman Liebl. Upon a voice vote, all votinq aye, Mayor Harris Pro tem declared the motion carried unanimously. MOTION by Councilman Liebl to adopt Resolution #8-1971. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried unanimously. LICENSES: Food Establishment Shar's Snack Bar Skywood Mall 52nd & Central Fridley, Minnesota By: Sharlene Clochie Approved By Health Inspector 1 ti ir SPECIAL PUBLIC HEARING MEETING OF JANUARY 11, 1971 LICENSES CONTINUED: Trailer U.A.W. Local 683 3948 Central Avenue N.E. Minneapolis, Minnesota Wickes Corparata.on 5353 East RiVer Road Fridley, Minnesota By: Rabert R. Guelker By: Roger K. Hall PAGE 13 Approved By Building Inspector Bmlding Znspector Councilman Liebl asked if the hea7.th problem at Shar's Snack Bar has been talcen care of. Councilman Kelshaw said that Y�e understood that they have been dmng less cooking and frying onions. According to the letter in the Agenda, they have until next October to correct the situation, so everything is taken care of satisfactorily. MOTION by Councilman Kelshaw to approve the licenses as presented. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried unanimously. DISCUSSION REGARDING SOME OF THE .ALTERNATES AVAILABLE IN THE PROPOSED SNOW- MOBILE ORDINANCE: The City Attorney said that he had passed out a memorandum to the Council on what authority they do and do not have. Within the framework of the model Ordinance Hennepin County has put out the Council can adopt that Ordinance with whatever choices they wish to adopt. Snowmobiles could be completely banned provided there zs good and sufficient reason, or they may be controlled by regulating speed and the hours that they may run. Councilman Liebl said that if the Council could, he would like to ban snow- mobiles from the City streets. The City Attorney said that zt would probably take a finding by the City Council by resolution that snowmobiles on municipal streets are a nuisance and a hazard. Councilman Liebl pointed out that there are Highways #47 and #65 goinq through the Ca.ty of Fra.dley. The City Attorney said that they could be banned from city streets but allowed to use on county and state roads within the limitations of the State statutes. Councilman Harris said that he would be against a total ban of snowmobiles, It is a case oE one bad apple spoilinq the barrel. The ma�ority of snowmobilers use discretion. Councilman Liebl said that he would like to get the nuisance away from the residential areas. Councilman Harris said that he would like to see them kept off waterways. The snowmobiles have chased skaters off the creek. He thought it would be askinq too much to have every snowmobiler have to load his snowmobzle onto a trailer every time he wanted to use it, and that total prohibition is too strong. Councilman Breider suggested restricting the speed to and from designated areas He asked that the Acting City Manager consult with the Chief of Police. The Acting City Manager said that he had told hYm to talk to the City Attorney. She City Attorney said that the Chief had suggested a 20 M.P.H, speed limit and adopting the hours adopted by Hennepin County. The Acting City Manager said that in a memorandum from the Chief of Police he indicated very few problems. There have been no recozded accidents, and they have not had much trouble with them. Mayor Kirkham said that it is the Council ' ' ' � �i � SPECIAL PUBLIC HEARING MEETING OF JANUARY 11, 1971 PAGE 14 � that gets the complaints. Councilman Harris pointe3 out that previously when banning them was discussed there were a lot of people protesting this action. Councilman Kelshaw pointed out that many communities do not allow them on the City streets. The Crty Attorney said that they could cross stxeets pxoaiding they do it accordinq to the State statutes_ The Attoxney General has ruled that they could be prohibited from going up and down the street, but not a direct crossing. Mr. Richard Harris said that he did not believe that the City had the right to prohibit snowmobiles on the waterways. He thought that the regulation of a11 public waters was under the control of the Consexvation Department. He said that he would like to see them 7�anned from the xiver. Mayor Harris Pro tem asked that the City Attorney look into this. Councilman Liebl said that he would like to see the criteria discussed tonight put into the Ordinance by the Crty Attorney and have it ready for the second reading. He said that the majority of the complaints to hun were on excessive speed. There have also been cases of 5nowmobiles being run close to a sliding hill where children were playing. Councilman Kelshaw felt that the City should adopt a tough Ordinance. Councilman Liebl felt that they could use the open spaces and the paxk areas. Councilman Hasris said that he felt that they should be allowed to use the streets to get to these designated areas Councilman Kelshaw asked how do you determine 20 M.P.H. without a speedometer. ' How are the squad cars to clock the speed? If the Police Department cannot determine who is speeding, this would mean citizen's arrests. Councilman Kelshaw asked how do you stop them from crossing private property. There are some people who will abide by the law, but there are some that will not. He felt that they should use the parks. Councilman Harris suggested that they let the Anoka County League of Munica.pala.ties work on this. Maybe they could come up with something unifosm for the whole county rather than have many different Ordinances. Councilman Breider asked that the City Attorney wrrte this up with 2U M.P.H. He said that he would like to have it clear in his mind how this is to be enforced. The Acting City Manager said that he supposed that they would use radar the same as for an automobile. The City Attorney said that he suspected that the Police Department and the Hiqhway Department will need snowmobiles to enforce the Ordinances. Mayor Kirkham said that they could still establish the 20 M.P.H. to regulate the responsible driver. He added that if this is turned over to the Anoka County League of Municipalities, this would mean a whole season without regulation. The Council discussed the hours they should be allowed to run and decided that it should be 7:00 A.M. to cuxfew at 9c30 P_M. In summation the Council directed the City Attorney to draw up the Ordinance stating a 20 M P.H. speed limit, hours to be from 7;00 A.M. to 9:30 P.M. and that they are only to run on the streets to get to and from designated places. � The Acting City Manager said that he had 'talked to the Parks Director about opening up the North Park area for snowmobi].ing. 5 „� SPECTAL PIIBLIC HEARING MEETING OF JANUAItY 11� 1971 PAGE 15 The City Attorney suggested that the regulat�.ons should be published in the paper, with the warning if they are not abided by, snowmobiles would have to be banned from the City stxeets if there are too many complaints received. The Parks Director said that if North Park is opened, there would be a lot of area for snowmobiles to run in this City. Some of the towns do not have these areas. People going up and down the block are where the complaints are coming from, The newspaper should also designate where they are prohibited. ADJOURNMENT: MOTION by Councilman Liebl to ad�ourn the Meeting. Seconded by Counca.lman Kelshaw. Upon a voice vote-, al1 voting aye, Mayor Harris Pro tem declared the Meeting ad�ouxned at 11:35 P.M. \ Res�ectful.Iy submitted, r' � � :; ��' ,�����-.�_i Juel Mercer Secretary to the �ity Council Sack o. Kirkham Mayor �J ' '