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02/28/1972 - 00017618:y r� .> � r �_ THE MINUTES OF THE REGULAR COUNCTL MEETING OF FEBRUARX 28, 1972 � The Regular Council Meeting of the Fr�dley City Council was convened February 28, 1972 at 7:42 P.M. PLEDGE OF ALLEGIANCE: Mayor Liebl led the Council and the audience in saying 'the Pledge of Allegiance to the Flag. INVOCATION: Councilman Kelshaw offered the Invocation. ROLL CALL: MEMBERS PRESENT: Kelshaw, Liebl, Mittelstadt, Breider, UtteY MEMBERS ABSENT: None PRESENTATION OF AWP.RD: Certificate of Appreaiation: Elmer Olson, Parks and Recreation Coaunission: Mayor Liebl read the Certi£icate aloud and as Mr. Olson was not able to attend , the Council Meeting, he asked the City Manager to see that it is mailed. APPROVAL OF THE MINUTES OF THE REGULAR COUNCIL MEETING OF FEBRUARY 7, 1972: Councilman Mittelstadt called the Council's attention to Page 8, 2nd paragraph, the Motion by Councilman Kelshaw, and said he did not understand the effect and questioned the figures. After some discussion, the Council decided, to make the intent more clear, to remove "dis" for "discounted" making it read: "---Petition #15 and #16 be counted, giving a total of 1002 names,---". MOTION by Counca.lman Mittelstadt to adopt the Minutes of the Regular Council Meeting of February 7, 1972 as amended. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl $eclared the motion carried unanimously. APPROVAL OF THE MINUTES OF THE SPECIAL PUBLIC HEARING NIEETING OF FEBRUARY 14 1972. Councilman Mittelstadt called the Council's attention to Page 18, the bottom of the page. He said the seconder was Councilman Mittelstaclt rather than Councilman Utter, and asked that it be changed. MOTION by Councilman Mittelstadt to adopt the Minutes o£ the Special Puhlic Hearinq Meeting of February 14, 1972 with that change. The motion was seconded and upon a voice vote, all voting aye, l�layor Liebl declared the motion carried , unanunou s ly . �h r�,.i � REGULAR COUNCIL MEETING OF FEBRUARY 28, 1972 � ADOPTION OF AGENDA: Mayor Liebl said the following items were to be added to the Agenda: #29: Receiving Report on Status of State Aid Funds. #30: Receiving Fire Department Report for Sanuary, 1972. #31: Receiving Communication from Mayor Philip Cohen, Brooklyn Center. MOTION by Councilman Breider to adopt the Agenda as amended. Seconded by Councilman Mittelstadt. Upon a voiee vote, all voting aye, Mayor Liebl declared the motion carried,unanimously. VISITORS: PAGE 2 Mr. Clayton Anderson, Mogul Corp., 7541 Commerce Lane N.E., Request for Waiver of Sprinkler System Requirements: Mr. Clayton Anderson said that he had discussed this with the Fire Prevention Bureau Chief. They would like the sprinkler system installation waived and would like to complete their construction. The Fire Prevention Bureau Chief indicated �o him that if Mogul Corporation would agree to install an approved fire alarm system, perhaps the Council would waive �the requirement for the sprinkler system. � MOTION by Councilman Breider to qran't the request by Mogul CoYporation for a waiver of installation o£ a sprinkler system, with the acceptance of a complete detection system �.n lieu o£ it, caith either central station reporting or direct reporting to the Fire Depar�tment receiving system, as recommended by the Chief of the Fire Prevention Bureau. This request is made by Mogul Corp. and by the City granting the request, the City is assuming no responsibility. Seconded by Councilman Mittelstadt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ORDINANCE #504 - AN ORDINANCE ANIENDING CHAPTER 25.02 OF THE CITY CODE (Annual Sales of Stolen and Lost Property) Councilman Bxeider said the main puxpose of this Ordinance is to allow for the sale of stolen or con£iscated property any tune necessary if the property remains unclaimed for 90 days. MOTION by Councilman Breider to adopt Ordinance �r504 on second xeading, walve the reading and order publication. Seconded by Councilman Mittelstadt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion aarried unanimously. ORDINANCE #505 -.AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHPIRTER TO VACATE STREBTS AND ALLEY5 AND TO AMEND APPENDIX C OF THE CITY CODE: (Richard M�.11er Homes, Inc., SAV #71-03) , MOTION by Councilman Mittelstadt to adopt Ordinance #505 on second reading, waive the reading and order publication. Seconded by Councilman Breider. Upon a roll call vote, Kelshaw, Liebl, Utter, Mittelstadt and Breider voting aye, Mayox Liebl declared the motion caxried unanimously_ J i /� 'I ' ` 4 = FEHRUARY 28, 1972, REGULAR COUNCIL MEETING PAGE 3 RECEIVING PROPOSED ORDINANCE ESTABLISHING AN ENVIRONMENTAL UALITY CONIMISSION � IN THE CITY OF FRIDI,EY: Councilman Mrttelstadt said the proposed Ordinance the Council has before them has been drafted by a committee of concerned citizens chaired by Winston Jacobson. The proposed Ordinance is a composite of Ordinances from 6 or 7 other communities. He asked that the Council hear from Mr. Jacobson on behal£ of the committee. Mayor Liebl said that before further discussion, the proposed Ordinance should be received. MOTION by Councilman Kelshaw to receive the proposed Ordinance establishing an Environmental Quality Commission in the City o£ Fridley. Seconded by Councilman Mittel5tadt. Mr. Tdinston Jacobson, 121 74th ida,y N.E., said that many citizens have felt concern about their environment and have looked at some of the th�.ngs going on in the City of Fridley. As Fridley grows, the environmental problems tend to increase. There are some things being done such as the "No Burning Ordinance" and the Rice Creek Watershed District, There is a group o£ citizens that feel that although the City does not overlook some of these problems, Lt would be a good idea to have a committee to review problems and serve as an advisor to the Council. There is a Planning Commission and although they may look at things of an environmental nature, their primary concern is financial gxowth. Along the same vein, the Parks and Recreation Commzssion_is primarily concerned with the parks program in Fridley. � Mr. Jacobson continued that the group of citizens had a meeting with Councilman Mrttelstadt and reviewed other cities' ordinances. The Commission could make studies and recommendations as requested by the Council. There wexe 9- 10 people at the meeting with three from each ward, including three young people. They used the ordinance adopted by Edina to start from, then con- sidered those from Lino Lakes, Bloomington and Minnetonka, among others, to compile what they felt could be adopted by the Fridley City Council. It is the wish of the group that the Council take a good look at the proposed ordinance, then initiate action to adopt it, or a similar one. Mayor Liebl said thank you to D7r. Jacobson and said the first step should be to re£er the proposed ordinance to the Admini5tration, and ask them to review it, especially Section 4. When they get done making any changes or additions they feel necessary, he suggested the ordinance be sent to the Fridley com- munity organizations, such as the Chamber o£ Commerce, for their input. When the Council is assured of community support, the ordinance can again be put on the Agenda for Council consideration. Councilman Mittelstadt asked that there be a time fxame estal�lished. Mayor Liebl said it would seem that two months should be enough time to make an intelligent study. He said people must understand that every ordinance gives rights, but also takes some away. The City Manager asked if the Council wanted the proposed ordinance sent to all the community organizations and Mayor Liebl said yes, and asked if 60 days would be enough time. The City ' Manager said he believed this would be enough time to accompZish the review. THE VOTE UPON THE MOTION, being a voice vote, all Voting aye, Mayor Liebl declared the motion carried unanimously. REGULAR COUNCIL MEETING OF FEBRUARY 2S, 1972 PAGE 4 � APPROVAL OP FINAL PLAT P.S. #71-Q5� EDGETnTATER GARDENS PLAT #2 BY SAM TEMPLIN• (Generally located in the 6700 Block on Ashton Avenue) 1 LJ MOTION by Councilman Mittelstadt to approve the final plat P.S. #71-OS by Sam Templin, Edgewater Gardens Plat #2, being a replat of Lots 1� 9, Slock 10, Fridley Park Addrtion making �iVe buildable lots out of nine lots. Seconded by Councilman Utter. Upon a roll call vote, Liebl, Utter, Mittelstadt, Sreider and Kelshaw voting aye, Mayor Liebl declared the motion carried unani- mously. FIRST READING OF AN ORDINANCE VACATING ALLEY SAV #71-08 BY SAM TEMPLIN (Generally located in the 6700 Block on Ashton Avenue) The City Enga.neer explained that the request was to vacate the whole a11ey both on the east and noxth sides of the plat. The Planning Commission and the Admina.stration recommend vacating only the alley on the east sicle with the retention of utility easements, and this is the way the ordinance was written. MOTION by Councilman Mittelstadt to approve the Ordinance on first readinq and waive the reading, with the comment that this is consistant with the Planning Commission recommendation. Seconded by Councilman Kelshaw. Upon a ro11 call vote, Kelshaw, Liebl, Utter, Mittelstadt and Breider voting aye, Mayor Liebl declared the motion carried unanimously. ED WILMES - DISCUSSION OF "SSLAND OF PEACE": Mr. Ed Wilmes, 635D Riverview Terrace, came forward to the microphone and said that first he wanted he say thank you for the opportunity affoxded him to present this project to the City Council. This goes back to about the fall of 1970 when he first heard about the possibilaty of having high-rise apartments on the island in the Mississippi River. Before that, he had had a dream about the islands being used for handicapped people and school childxen. He said he went �o the Court House and got a map then went to see Mr. Ralph Miller in the Department of Natural Resources. He described his plans to him and Mr. Miller took Mr. Wilmes to see the Supera.ntendent, where they again discussed the plans. They went to the vault, and went back to about 1820 and they could £ind no claim to the land. They then called Duluth and talked to some Federal people, and still they were unable to find a claim on the island. They had also talked to �the surrounding communities. If there was no claim, they could go to court to get the island £ox' this pro�ect. During the summertime between Anoka and Elk River, you see people going north to en�oy the outdoors, and this is fine, then you go to a Veterans Home, and you think, "they have no place to go". He could see these islands being misused - there should be some sort of control. He said he had contacted the Veterans Administration and described the plan and who would benefit and they thought it was a qreat idea. He also went to the Veterans Hospital and talked to the Chief of Physical Medicine and he gave him encouragement. He contacted Mayox' Liebl and asked him over to tour the �sland and he commented on the potential. Sergeant Fritz has toured the island and he believed it to be of benefi�• Former Mayor Kirkham got involved and believed it was a good plan, and Mr. Wilmes said that when he realized he had all this backing, he had to keep going. He then con- tacted the news media and they did stories and took photos, �then WCCO called for an appointment and did a story. The response to this idea has been fan- tastic. The Disabled Amexican Veterans, American Legion and the V.F.W. have looked at this project and offered their support. Many other organlzations r ;� r�-� � .. G �J ��y �i _ � �, REGULAR COUNCIL MEETING OE FEBRUARY 28, 1972 PAGE 5 have 7oined in. Then a long look was taken at D�,lrnam Island, caith the thought , that it should be preserved in its natural state. He has talked to a Brooklyn Center Councilman about this. A meeting was held in St. Paul, gotten together by the Governor and out of that meeting came the thought of acquiring other islands to be preserved as parks. Mr. Wilmes then read portions o£ letters £rom the following people and organi- zations: Hubert H. Humphrey, Governor Anderson, Congressman Donald Fraser, Charles Stenvig, Veterans Hospital, American Legion, V.F.W., Disabled American Veterans, Mlnnesota Veterans Hopne, Rabe.�t Louis Stevenson School, Minnesota Society for Crippled Cha.ldren and Adults, Easter Seal Socxety, Shriners, Minnesota Teen Corps., and the Minnesota Forest Service. Mr. Wilmes continued, you ask the guestion, how? He had met with the State Planning Commission and there will be funds available for this project and it will not count against the State's Outdoor 3nd Recreation fund, The next question is how is it to be developed? He has contacted the Navy Seabees and the National Guard. The Seabees have 50 men to work with the Minnesota Teen Corps. He said he felt most strongly that this land should be presezved for future generations. Everyone must remember the men and women at the Veterans Hospital risked their lives to ensure our future and they need help now, They have earned it and they deserve it, When he was at the Veterans Hospital the question was raised if these people do not miss Seeing anc being around young people, and they answered, "you bet". These people could be on the island at the same time a group from a shcool was there, and this would give them a , great emotional liPt. In his preliminary discussions he had never mentioned money, he had �ust asked them to open up their hearts� yet c�+hen he was told the amount he had to ask for, it was gotten together within £our hours. I.f the impact of this project is felt, it may not only be �e1t by us� but by those in Vzet Nam, who will know that we seek peace and we offer peace. Mayor Liebl said thank you for the presentation and asked what it was Mr. Wilmes would want the Council to do to help him along. The said that Fridley is not interested in putting apartment buildings on islands but want to keep them natural. He said he understood Mr. Wilmes to say there were funds avail- able, and Mr. Wilmes replied yes. Mayor Liebl asked how he is proposing to have access from the Fridley side. P7r. Tililmes went to the map and said he thought from Chase Island, possibly by ferry. He sa.td that what he would like is that a committee be formed to help him, this project is mushrooming and he cannot handle it any more_ The question was raised who owns Durnam 2sland. Mr. Wilmes said it is within the city limits of Brooklyn Park and some of it is owned by private ownership; Main Realty. The island to the north of Durnam Island is State or Federal land. Mr. Sack Kirkham explained that when this project was first talked about they were speaking of a smaller island north of Durnam Island, this was the one that was uncharted and was going to be researched £urther. There was going to be a legal description obtained so that it could be turned over to the City of Fridley. Since that time the talk has been about the possibility of adding Durnam Is- land. He went to the map and pointed out the small island Mr. Wilmes started , working on. With the State, Federal, Brooklyn Park and Fsidley cooperating, Durnam Island might be acquired for the pro�ect. Mr. Kirkham said as to access, there as access to Chase Island now, so access would be £rom there across the river, probably by ferry. 4��"" . � REGULAR COUNCIL MEETING OF FEBRUARY 28, 1972 PAGE 6 � Mr. Wilmes said that he had also talked to the Director o£ the Depaxtment of Wildlife and Fisheries and 'they have said if he needs ltelp, to call on them, as they are willing 'to help. Councilman Mittelstadt said that Mr. Wilmes should be introduced to Mr. Winston Jacobson, this is something he would be interested in. Mr. Wilmes said he had alxeady met him and Mx. Jacobson s3id that he is employed by the Departrnent o� C�Tildl3.fe and k'isheries. Mr. Elmer M. Johnson, 6490 Rivervlew Terrace, said that he wanted to make clear that there is alreadp a committee working toward the preservation of Durnam Island. A member of the Brooklyn Center Council is interested and there are about 6 members from Brooklyn Park on the committee. There is about 60 acres at the south end of Durnam Island that is privately oRmed. Al�out 1�0 years ago the lumber companies used to use the islands and the one parti- cular company has paid the taxes up to a few years ago. Now there is about $700 in delinquent taxes. The rest is State and Fedexal land. S-Ie said he appreciated the comments o£ Mr. Wilmes, but he wanted to emphasize that this committee is already foxmed and vexy much alive, and suggested that Mr_ Wilmes participate in this committee. He said Brooklyn Park has authority over the island and Fridley and Brooklpn Center are co-interested in it. A group of attorneys sold their option to Main Realty and now this 60 acres is under their control. He said it was very important to work through an organized agency. When the attorneys gave up their option to Maln Realty, Main Realty appeared before the Brooklyn Park Planning and Zoning Board with plans to put in their high-rise apartlnent bua,lding, which was turned down. He said the committee ' he serves on is unanimous in the feeling that there should be no buildings, shelters, walks or anything o� that nature. As to those Nlr. Wilmes is con- cerned about, everyone is concerned, but suggested having a plat£orm or have the boats take them around the island. When people get onto an island, the wildlife everyone is trying to protect dies. He then asked Mr. Wilmes if he would not agree and Mr. Wilmes replied, "no"' Mr. Sohnson asked if he wanted to put;a pax'k on it and Mr. Wilmes said yes, for those that travel miles �ust to get�% inside a forest. What good aze platfoxms or boats if a gerson is blind?i His whole point is not con£ining �he people, but to let them en�oy the outdoors, by getting inside it. For the blind, he had thought of putting up rope handrails as guides. The plan is also to have walkQrays with ramps �or wheelchair patients. Mx. Johnson said that Mr. Wilmes' plan is radically different from the committees'. He said they did not want people on the island. When you get people, �the animals leave and the flowers and trees are destroyed. He said he would like to make all the islands from Anoka to Hudson into game preserves. This idea has been put �.o the Outdoor Resources Committee, this committee will be reactivated in the next Legislature, and he belieVed the xslands will be natural game preserves to preserve the animals, trees and flowers. Mr. Johnson continued that he wanted to emphasize most strongly that as soon as you put a parade of people marching through an area, the game is going to leave. The Chairman of the Outdoox Resources Committee told hun it is the only island known where the pileated woodpecker breeds. The things Mr, Wilmes wants these people to see and enjoy will be driven away when you put people ' on the island. He said he Was told that when the State takes it over as a natural resource, then there is no problem with condemnatlon or eminent do- main. The agency that wanted to put in the apartments is asking $SD,000 to recoup, and if they do not get it, they are thxeatening to sell the lumber, As to where the money will come from, 50o would be paid £or by the Federal Govexnment, 25o by the State, and the othes 25% would be divided up between �), �, � � REGULAR COUNCIL MEETING OF FEBRUARY 28, 1972 PAGE 7 Fra.dley, Hrooklyn Park and Brooklyn Centex with each paying 1/3 0£ the local , 250. Shis is what the Outdoor Resources Committee is going to suggest, and the financing seems reasonable and possible. He said he would report to the Council after each meeting of the committee. Mayor La.ebl thanked Mr. Elmer Johnson for his comments. Nir• Henry Peterson, 6312 Pierce Street, said he was here representing the Amerxcan Legion. Mr. Johnson mentioned not putting anybody on the island, but he wanted to say that most people are lucky to have two arms and two legs. Many people in the community are interested in this and the American Legion was pulled into it because they too felt it was a worthy cause. The idea is to put in blacktop walks so the people in wheelchairs can enjoy the out- doors too, The plan is for blacktop rather than concrete because concrete would not stay when the high water comes. IIe said that the American Legion is supporting the pro�ect and are willing to help. Mr. Tony Olson, V.F.W. Post 363, said that the V.F.W. endarses Mr. Wilmes' idea and have added their support. Councilman Breider asked 7ust where he stood, as far as financing goes. Mr. Wilmes said he has met with Mr, Joe Sizer, Director of Environmental Planning, State of Minnesota, and he is going to approach Main Realty to find out how much they want and if it is too much, condemn. He talked to the Attorney General in terms of roughly $35,000. Brooklyn Park would pay about $10,000 and NLr. Wilmes said he raised $10,000 last Saturday A.M. The Disabled ' American Veterans, the Amer�can Legion and the V.F.Yd. will be making a presentation at Washington D.C. £or £unds. He said Hrooklyn Park is 1000 behind this pro7ect for an "ISland of Peace". He has been assured there will be State and Federal funds avaYlable. He said he is asking that a committee be formed as it is getting too much to handle alone. Councilman Breider suggested setting up a meeting with the City Administration. Everything that is done would have to go through the City legal department anyhaw. Mr. Wilmes said that would be fine. He had not presented this to the City before because there were so many "iEs", but now he 1as so many assurances, it seems time to meet with the City. This is why he was asking for a committee to help him. Councilman Breider said that many things concerning this pro�ect may be handled more expeditiously through the City Administratxon. There is a need £or the legal staff, and the Administration can go over the plans and report back to the Council. Mayor Liebl said he wanted to emphasize in answer to some rumoxs that he has heard, that there will be no condemnation of private property and that the access would be public. He suggested discussing this with the 5choal Board, he would like Chairman Sangster's comments. He said he would like a chance to discuss this with the rest of the Council and in a few weeks the Council will be ready to give Mr. Wilmes their comments. He said he would like to commend Mr. �d Wilmes for his pul�lic spirrt and concern fox his fellow man. 1 �,'� � REGULAR COUNCIL NIEETING OF FEBRUARY 28,1972 PAGE 8 ' ➢SSCUSSIQN OF EROSION PROBLEM ON STQNEYSROOK CREEK_ (Requested by N�s. Mary Marta.n, 133 Stoneybrook Way) Nlr. John Dunphy, 155 Stoneybrook LSay N.E „ said he had been selected by the residents to speak on behalf o£ the Stoneybrook people. This group consists of people living on the creek and through the process of time, the creek is under attack from the run-off. When they moved into this area Stoneybrook was a docile little creek but as recently as five years ago his 16 year old son fell into the creek and the water was over his head. This situation could be disas- terous. They learned that a 36" culvert is being converted into a 72" culvert which means that there will be four times as much water coma.ng into Stoneybrook as there is now. Councilmen Breider and Liebl have vl.sited this creek, hon�reyer, rt has deteriorated rapidly even since they saw it. Because of the increased run-off, there will be much more water coming down the creek. There a.s sand and rock being used to fill the swampy area on the other side of the railroad tracks, this is taking a holding area and eliminating it, and putting the water down Stoneybrook. There is the new complex going in in Blaine where Montgomery Wards is building. All these things combine to guarantee more water coming down the creek. Alden Way has a single little culvert under it, and if fihere is not additional work done on Alden Way, it may wash out. He saa.d he represents 12 - 15 £amilies needing help and are seriously concerned. He 5a�d they could do nothing by themselves; they cannot bring in rock by hand. The solution the City Engineer volunteesed of having sand and rock dumped in front of their homes � and they would put it in the creek would be no solution because the sand and rock would wash away with the action of the water. Mayor Liebl said that Counca.lman Breider brought this to the attention o£ the Council on April 19, 1971, and read the Minutes of the Meeting. He asked what he thought the Council should do, and what would be acceptable to the residents along the cx'eek. NLr. Dunphy said he too had a letter written by the City �ngineer at that t.�me. He felt that any time a citizen is put in the posa.tion of suP£ering harm at the hands of an inda.vidual or a group of individuals, something should be done. He said some of them have brought in rock without asking for assa.st- ance, but the rock he brought in by hand is now downstxeam and the cseek is twice as wide as when Councilman Breider saw it. He said he did not know what the solution was• He said they have an industrial area to the east of them and the railroad tracks have acted as a dam, now the culvert is going to be in- creased and the holding area filled in. He asked if the work being done on the culvert is proposed to be assessed to the people to the west of East RiVer Road and the City Engineex said no. Mayor Liebl said that the Council did ask for a legal opinion last year Fra.dley also went to court in regard to tne Spring Lake Park run-off. Fridley was turned down by the 7udge and Fridley is appealing it to the Supreme Couxt. He then read a portion of the xeport fsom the then City Attorney, Leonard Juster, and explained that the City a.s limited in what it can do. As it states in the letter: "The City would not have the right to work on pra.vate property without either easements or written permission from the ad7oining owners and the State cannot � grant that permission." There is also the problem of expending publ�.c funds on private property. Mr. Dunphy asked what court ruled against Fridley. The Acting City Attorney, James Gibbs, replied the Tenth Judicial Court in Anoka Mr. Dunphy asked if there was not a precident set with the problem with the Columbia Heights water. The Acting City Attorney said that Columbia Heights and Fridley ���',�� REGULAR WUNCIL MEETING OF FEBRUARY 28, 1972 PAGE 9 reached a mutual agreement. Mr. Dunphy asked if the people suffering the ' erosion prolllems were to give the easements, would the City of Fridley help? The solution may be beyond their physical or monitary ability to take care of themselves. Councilman Breider said that the people were told last year that rock and techmcal assistance would be available. The Council at that time was not sure what type of improvement would be acceptable to the home otaners. There must be cooperation with the neighbors. This would mean that fhe City Engineer will meet with the home owners to see what can be implemented, and what the home owners want. The City Engineer could put a concrete drainage ditch through there but would that be acceptable? The creek is gettinq deeper, but be£ore any solutzon can be reached, there must be input Prom the property ownexs on the creek. He asked if he would be agxeeable to a meeting with the City Engineer. Mr. Dunphy said that his group has no f�ed ideas on what is the best solution. He said that he would be happy to meet wrth the City Engineer, and that he would arrange it. He said he appreciated the Council lzstening. Councilman Mrttelstadt asked i£ the meeting could be soon so that this item can be back on the Agenda in two weeks. The City Engineer said that cahen Mrs. i�iartin called, he indicated he would be willing to meet with them, and the City would give them rock and technical assistance. When he requested a legal opinion, the indication was that there would be a question whether public .£unds could be spent on private property. Mayor Liebl requested that this item be , back on the Council Agenda in two weeks. RECEIVING THE M2NUTE5 OF THE BUSLDING STANDAE2DS - DESIGN CONTROL MEETING OF FEBRUARY 10, 1972• 1. CONSIDERATION OF A REQUEST TO CONSTRUCT A YARD OFFICE AND CABOOSE SERVICING BUILDING AND AN AUXILIARY SERVICE BUILDING AND ALSO PHASE 2 OF A DIESEL LOCOMOTIVE REPAIR SHOP. AL50 REQUE5TED IS CONCEPT APPROVAL OF THE ENTIRE DIESEL LOCOMOTIVE REPAIR SHOP. (PHASE I AND PHASE II). .ALL TO SE LOCATED ON LOTS l, 2, 3, AND 4, $LOCK 5� AND LOT5 8� 9, AND 10� BLOCK 4, PORTION OF STREET BETWEEN BLOCKS 5 AND 4� BERLIN ADDITION, AND BLOCKS 4, 5� 6, 11, 12 AND 13, AUDITOR'S SUBDIVISION #39, THE SAME BEING 4055 EAST RIVER ROAD N.E., FRIDLEY, MINNESOTA. (REQUEST BY BURLINGTON NORTHERN, 176 EAST STH STREET� ST. PAUL, MINNESOTA 55101): The City Engineer reported that the Suilding Board recommended approval o£ the request with stipulations. MOTION by Councilman Kelshaw to concur in the approval of the request to construct a yard office and caboose servicing building and Phase I of a diesel locomotive repair shop and concept approval of the entire diesel locomotive repair shop, (Phase I and Phase II), sub�ect to the following stipulations imposed by the Board: l. All parking areas to be blacktopped. � 2. Landscaping plan for East River Road to be brought to Building Standards - Design Control Meeting. 3. Lighting plan to be brought to Building Standards - Design Control Meeting. 4. Traffic pattern to be checked by Engineering Department. 5. Sample of buildinq material to be used laxought to Building Inspector. � � � REGULAR COUNCIL MEETING OF FEHRUARY 28, 1972 PAGE 10 6. Environmental Engineers sewaqe system to be shown to Enga.neering Department. The Motion seconded by Councllman Mittelstadt. Upon a voice vote, all voting aye, Mayor Liebl declaxed the motion carried unanimously. 2. CONSIDERATION OF A REQUEST TO CONSTRUCT A SERVICE STATION LOCATED ON ALL THAT PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, NORTH OF OSBORNE ROAD N.E., AND EAST OF UNIVERSITY AVENUE N.E., PARCEL 2550, THE SAME BEING 7609 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432. (REQUEST BY THE STANDARD OIL DIVISION OF THE AMERICAI� DIL COMPANY, 1405 MELROSE AVENUE, MINNEAPOLTS, MINN�SOTA 55426): The City Engineer said tYiat Amexican Oil vra,s xecently be,�oxe the Council .�or a rezomng. They are following all the stipulations unposed and have given the City the necessary right of way. There is one stipulat�on he would like to have added and that is that the American Oil Company will agree to pay £or the right turn lane. MOTION by Councilman Breider to concur with the recommendation of the Building Standards - Design Control with their stipulations imposed as follows, with the addition of #7 added by the Council: 1 2 3 4 5 6 7 Driveway to be all concrete. Driveway moved back 13 feet for roadway easement. East side parking lot moved in 5 feet. Low plantings in front green area. 12' X 8' X 6' high trash bin. All inda.rect lighting. American Oil to agree to pay for the improvement of turning lane. the right hand The Motion seconded by Councilman Mittelstadt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTSON� by Councilman Kelshaw to receive the Ma.nutes o£ the Suilding Standards - Design Contral Subcomma.ttee Meeting of February 10, 1972. Seconded by Council- man Mittelstadt. Upon a voice vote, all voting aye, Mayor Liebl declared the mota.on carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 9, 1972: 1. REQUEST FOR SPECIAL USE PERMIT, SP #71-17, DON'S GULF SERVICE STATION Request for U-Haul rentals on easterly 351 feet of Lot 12 and easterly 351 feet of the southerly 20 feet of Lot 11, Auditor's Subdivision #155 except that part taken for highway and street purposes, per Code Section 45.101, 6, 3-E, zoned C-25. (53rd & T.H. #65) 2. REQUEST FOR SPECIAL USE PERMIT SP #71-18� RO1Q'S GULF SERVICE STATION: Request for U-Haul rentals on Lots 1 and 2, H1ock 1, C.D. Hutchinson Addition per Code Section 45.101, B, 3-E, zoned C-2 (OSborne & East River Road) `�� �� � ��,�� -°�� , REGULAR COUNCIL MEETING OF FEBRUARY 28� 1972 PAGE 11 The City Engineer reported that these two requests were taken together as they are similar and both for U-Aaul rentals. For the Gulf Station on 53rd and T.H #65, the Planning Commission rewmmended approval of the continued use of the service station and denial of the addition of the business of renting U-Hauls. For the Gulf Station on Osborne Road and East River Road the Planning Com- mission recommended approval of the continued use of the service station, but had a 2- 2 tie vote on the question of the U-Hauls and foswarded it to the Council without a recommendation. MOTION by Councilman Mittelstadt to concur with the Planning Commission and grant the continued use for gasoline sales for pon's Gul£ Station, under SP #71-17. The motion was seconded and upon a voice vote,all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Mrttelstadt to concur with the Planning Commission and deny the addition of rental of U-Hauls for pon's Gulf 5tation as requested under SP #71-17. Seconded by Councilman Kelshaw for discussion. Councilman Kelshaw said he assumed that Don's Gulf did not have a special use before. The City Engineer explained that they had the gas station in 1969. When the City adopted the requirement of a special use permit for gas stations, they were already there and were grandfathered in, The second action under the same ordinance provides that when anyone, after that date, wants to add another business besides the gas station, they must apply for a special use permit. They did not have trailers before, and now want to add the business, therefore, they must apply for a special use permit. Mayor Liebl said that as Councilman Breider will recall, the Council received many telephone calls about some service stations that were in texrible con- dition. This is what prompted the Council to pass an ordinance that had some teeth in it, to try to make them comply with at least normal housekeeping requirements. He would agree that Fridley does need 1- 2 places where a person could rent a trailer, but if a permit is g.tven to one, wouldn't the Council have to give to all? This would not present the best image of Fridley, and added that the Council just received a proposed Environmental Commission ordinance, and rt would be going the other way to allow every gas station to park rental trailers. He said this Council should be consistant with the last, who was somet�.mes harsh in their requirements on new con- struction, in the best interests of the community, and concur in the denial. Councilman Breider said, in referring to the Planning Commission Minutes, that he got the feeling they have some doubt about the other station. The City Engineer said the concern o£ the Planning Commission �or the station at 53rd and T.H. #65 is the very limited space and the traffic problems. Takinq these things into consideration, they felt the addition of trailer rentals would be unwise. The location o£ the other request (ROn's Gu1P) on Osborne and East River Road has more space, it is almost double the area on 53rd and T.H. #65, and the problems of the traffic are not so severe. Nlr. Gerald Rwnmel, Attorney for U-Haul, said that he had appeared before the Planning Commission on both these locations. He said what the City Engineer reported is correct, that is what they felt. It is true that ii you let one in, you would have to let all in. He said he had represented U-Haul for about 8 years and he has been in �ust about every community in the whole area. ' � � 6`�r � .� U�} REGULAR COUNCIL MEETING OF FESRUARY 28� 1972 PAGE 12 � All communities have some sort of control, either through special use permits or their licensing, for the renting of equipment such as U-Haul, althought in none is it prohibited. H8 said he would agree there must be control. U-Haul does not want sloppy service stations either, it does not advocate good business for them. He said it was good for a community to offer this sexvice, i£ there is enough room. Each piece of equipment, when it wmes in is serviced before it goes out agaa.n. As a result about 99� of the U-Haul dealers are service stations. He said there are occasions where a U-Haul dealership has been can- celled because of a sloppy station. They do not want a bad name. It seems a.n every commumty service stations are a problem, yei at the same time they should be available to service the community. U-Haul is something demanded by the people and shoulfl be provided, but he would certainly agree with the need fox control by special use permits. Mayor Liebl said that if a special use permit is violated, the City can withdraw it. In reading the minutes, the Plamm�g Commission pointed out there is reason- able doubt and the City must be very careful that situations like tha.s do not get out oP hand. He said he felt that on 53rd and T.H. #65 he could not vote for the addition of the trailer sales, and that it was not feasible because of the limited room. With more land the trailers could be ha.dden in some way, such as screened. Mr. Rummel said that Mayox Liebl has a right to his opinions, however, there was no one appearing to ob�ect. Conncilman Kelshaw asked if there was a minimum square footage required for a � special use permit. The City Engineer said no, there is no limit within the ordinance, each one can be ad�usted according to the location and the problems involved. He added that if the Council is considering granting the request, there are some stipulations he would like to sugyest. THE VOTE UPON THE MOTION, being a Voice Vote, a11 Voting aye, Mayor Lieb1 dec- lared the motion carried unanimously. MOTION by Councilman Mittelstadt to approve the continued use as a gasoline out- let, Ron's Gulf on Osborne Road and East RiVer Road requested undeY SP #71-18, on Lots 1& 2, Block l, C.D. Hutchinson Addition. Nfr. Rummel said that the cax wash bay has not been in business £or ak,out one year. Councilman Utter asked where the trailers would be displayed and Mr. Rummel said they would be along the railroad tracks. Mayor Liebl asked how many there would be. Mr. Rununel said 6- 7 trailers plus a couple of II-Haul trucks. The Acting City Attorney said that when the ordinance was drafteci, the need for a U-Haul type business was considered, but having them consistently with service stations makes a situation where there is a special use permit upon a special use permit. It would be proper within the ozdinance, if applied for as a separate business. THE MOTION seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, � Mayor Liebl declared the motion carried unanimously. Mayor Liebl asked the Acting City Attorney, i£ the Council were to grant this request, would it be legally compatil�le in the eyes of the couxt? The Acting City Attorney replied yes, thes'e is no problem legally a.n this circumstance, 4/1l -1 r1 REGUT,AR COUNCIZ NIEETING OF FEBRUARY 28, 1972 PAGE 13 however, if you grant this one and not others, the Couxt could £ind the Council , acting arbrtrarily and capriciously, if the requests were not granted to all because rt would, in ef£ect, be oreating a monoP�ly. As a practical matter, if this one is granted, the Council would probably be obligated to qrant others with the same amount o£ room. Mr. Rummel said as a practical matter, there would not be an application for the rental of equipment as a separate business because it is not economically feasible. There would have to be a service center with the business and a person cannot make money doing that. MOTIDN by Couttcilman Mittelstadt to deny the addition of the business of U-Haul rentals for Ron's Gulf Stat.ton on Osborne Road and East River Road, applzed for under SP #71-18. Seconded by Councilman ICelshaw fox discussion. Counca.lman Kelshaw said that he would have to agree with the denial of the U-Aaul on 53rd and T.H. #65 because of the limited space and for sa£ety reasons, but he would have to agree with the comment made that you could not expect the company to run their business as a separate business because there would be too much repair work. The Acting City Attorney has said that i£ the Council granted this one, they would be setting a precident, and would thereafter have to grant all others with as much room, but it would also be true that if the Council did not grant this one, they could not grant others either from th�,s point on. I-Ie said he would go along with some sort of a size stipulation that a station would have to meet l�efore they could be considered. � The Acting City Attorney said that i£ the request �,s denied, it would be denial o£ a special use pertnit on top of a special use pexmit. If the request is granted, it can be granted with stipulations and criteria spelled out such as how many are allowed, where thep are to be parked etc. A special use permlt is 7ust that, a special use permit with the Council determining how the business should be carried on. Councilman Mittelstadt said that 6- 7 trailers is one thing, but when trucks are included, that is another matter. There is no way that station could ser- vice trucks. There is an eating establishment �ust to the south of this station, and he said these are some of the reasons he feels the xequest is un7ustifiabl.e. Councilman Breider said that when he moved he reserved a truck about three weeks in advance and he was lucky to get it. He has also had difficulty in getting a trailer to haul sand. The City does have an obligation to supply service, so rather than talk in terms of denial, he suggested talking in terms of what stipulations should Ue imposed for adequate control. This particular area is accessxble, and is east to get .tn and out of. Mayor Liebl said the A& W Drive-In is �ust to the south and they have invested quite a bit of money in their establishment, and in this building thexe is a grocery store and the gas station. He dzd not want to overburden this inter- section, and create a big headache. He thought that granting a permit on top of another would be creating an untenable situation. He would agree with � Councilman Breides on the need for the business, but it should be at some lo- cation where there is easy access and not so many conflicts on the corner. Thzs corner was studied when Leonard Samuelson was on the Council. To add another business would further handicap this corne�. If he voted for this one, he would have to vote for all others. One or two would survive, but 6- 7 � �,."n REGULAR CDUNCIL MEETING OR EEBRUARY 28, 1972 PAGE 14 , would clutter up Fridley. Fridley was called "Gasoline Al1ey" once, and he certainly would not want to back-slide. The Council is requiring strict buildinq now. Mr. Rummel said that U-Haul will not put their equipment in in a haphazard way with it scattered a11 over, and are willing to put the equipment in a restricted area. U-Haul also does not go �.n and use any ofE-street parking necessary to the station. The stations are given so many parking spaces for employee cars and cars being serviced and that area cannot be used to park U-Hauls. He said U-Haul feels they can run a business at this location, keep their equipment neatly and properly parked and be a service to the community and the gas station owner also. He said U-Haul has helped in writing some communities' ordinanaes and also worked with City Engineers on the plot plans. A neat and proper station is to their bene£a.t too, and at this location they £eel there is enough room and the business would not create any problems. Mayor Liebl asked if they had any plot plan. Mr. Rummel said yes, a.t was given to the Planning Commission and came forward to show the plans at the Council table. He said the number of spaces and �the location where the equipment would be stored is all marked. There followed a discussion at the Council �able while looking at the plans. MOTION by Councilman Mittelstadt to table this item to the Meeting of March 6, 1972. 5econded by Councilman Breider. Upon a voice vote, Liebl, Utter, Breider, , and Mittelstadt voting aye, Kelshaw voting nay, Mayor Liebl declared the motion carried. (A motion to table supexcedes the previous motion) Councilman Kelshaw explained that the reason he had voted nay on the motion to ta61e, is that he did not want a denial motion brought back upon the talale_ He would rather have had the motion withdrawn. 3. REZONING REQUEST, ZOA #72-01, BY ALVIN A. NITSCHKE To rezone from R-1 to R-3, Outlot #l, Rice Creek Plaza South and Lot 32, Block 4, Lowell Addition to Fridley Park together with the vacated street lying between the before mentioned parcels. The City Engineer reported this request was for a triplex and showed the location on the overhead pro�ector. The Planning Commission denied the request. Mayor Liebl asked if NLr. Nitschke was present at the Meeting, with no response. MOTION by Councilman Mlttelstadt to concur with the Planning Commission recommen- dation and deny the request for Yezoning by Alvin A. Nrtsahke, ZOA #72-01. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. The City Engineer repof-ted that Item #4 (Robert McGregor rezoning) is still pending before the Plarining Commission. Item #5 (Mrs. Lloyd Murphy rezoning) , was denied and he understood that the applicant is withdrawing her request, so the Minutes can be received• MOTION BY Councilman Breider to receive the Minutes o£ the Planning Commission Meeting of February 9, 1972. Seconded by Counca.lman Kelshaw. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. , %,c��i REGULAR COUNCIL MEETING OF FEBRUARY 28, 1972 PAGE 15 RECEIVING THE MTNUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 16� 1972: l. REZONING REQUEST, ZOA #72-02, BY ROBERT L. MCGREGOR: To rezone from R-1 to R-2 (limited multiple family dwellings) the north 524.7 feet of the W; of the NE'-a of the NEa o.f Section 13. M4TION by Councilman Kelshaw to set the Public Hearing for the rezoning request ZOA �r72-02 by Robert McGregor Por March 13, 1972. Seconded by Councilman Mittelstadt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. The Caty Engineer reported that there was no Council action necessaxy for Items #2 (regardxng procedure to be follawed by applicants coming before the Building Standards - Design Control, and whether they should appear before the Planning Commission) and #2 (Comprehensive Municipal Development Plan). MOTION by Councilman Kelshaw to receive the Minutes of the Planning Commission Meeting of February 16, 1972. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTE5 OF THE BOARD OP APPEALS MEETING OF FEBRUARY 15, 1972: The City Engineer reported that the variances requested by Rodney Billman are sta.11 pending before the Board, so there is no Council action necessary at this time. MOTION by Councilman Mittelstadt to receiVe the Minutes o£ the Board of Appeals Meeting o� February 15, 1972. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF JANUARY 31, 1972. MOTION by Councilman Mittelstadt to receiye the Ma.nutes Of the Parks and Recreation Commission Meeting of January 31, 1972. Seconded by Councilman Breider for discussion. Councilman Breider said that he noted that there were some Commission members present at the Council Meeting and asked if any of them would Iike to comment on the swimming pool proposal. Mr. Don Blair, Commissioner, said that the study had been re£erred back to them after they had re£exred it to the Council. He did not really know what else they could do, they have no funds for further study. Councilman Kelshaw asked what Mr. Blair thought about the way the Spring Lake Park District #16 handled theirs. Mr_ Blair saad he had 7ust learned they were building one last week. The Parks and Recreation Director said that Spring Lake Park District #16 pro- ceeded by getting a professional architect to come in, and had a specific monetary value on the pool. They worked on the final plans for_the pool, then had an exact amount to tell the tax payers. This is a good procedure. The City Manager and the Administration have been going over some thoughts, one of which is that when the first newsletter goes out, they are planning on enclosing a 3- 4 item questionnaire to be filled out and returned. Another idea from the Commission was sending a letter to the organizations in Fridley � , , REGULAR COUNCIL MEETING OF FEBRUARY 28, 1972 PAGE 16 � to ask that they poll their members_ He said they do have a ba11 paxk figure now� it seems $500,000 •- $6D0,000 is the going price. The school distra.cts do have certain criteYia they must follow, and obviously a municipal pool would not be quite that extravagant. � � Councilman Kelshaw asked if the Director was not famila.ar wrth what Spring Lake Park was doing and couldn't Fridley gain by what they have done. The Director of Parks and Recz'eation said yes, he has some figures from them. THE VOTE UPON THE MOTION, being a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING REPORT ON PARK ACQUISITION PROGRAM FOR 1972: The City Manager said that his summarization of the park land acquisition program is contained in the memo dated February 25, 1972. He said the �ixst priority is North Park, and Fridley has already made definite commitments, but the total local share obligatiion has not been paid for to date and this amounts to $40,000. There is budgetted $13,156 for 1972 for the North Park acquisition with the balance planned for 1973. If the payment is delayed until 1973, and the $40,000 is paid then, the ;13,1�6 could be used to acquire other park sites. This $40,000 due in 1973 could be allocated outside the levy limitation requirements of the State Tax Law because it is a local share of a State and Federal grant, thereby exempting the amount £rom levy limrtations. The allocation of the funds for 1972 is a decision for the Council to make_ The City Manager continued that the second priority suggested is the Ruth Circle area. There is a parcel of land 3.66 acres, and another parcel 2.86 acres. It would cost a considerable amount for the delinquent t�es and assessments for both parcels. His suggestion was that instead of acquiring both parcels, the Ca.ty acqua.re the 3.66 acre area west of Lincoln Street. The immediate cost on that parcel is $16,240.39 of which $10,000 has already been encumbered in the 1971 budget, thereby requiring the remaining $6,240.39 to be paid from the 1972 budget out of park acquisition unallocated. The future and de£erred assessments of $12,265 can be spaced out over a period o£ time and picked up in futrure budgets and treated as special assessments. The third priority is the Hyde Park area in which there is very little park land. There is no tax forfeit land available which would be suitable fox a park, but the City has located one site o£ four lots in Block 24 located at the corner of 59th and 2nd Street which would be a good park site. This parcel is 163' X 129' and is privately owned. The owner is asking $12,000 for the four lots, and he believed an offer of $11,000 should be made with authority to go to $12,000 £or the four lots. The fourth priority is the Rice Creek Road area. There are four tax forfeit lots along Rice Creek Road which could be a start of a park in that area. The total cost of assessments in this area is $9,649.04. If the Council should decide to delay the local share payment of $13,156 far the North Park area in 1972, this property could be acquired. Should the Council not wish to delay this pay- ment, then the present funding would not allow the total payment this year, but would allow about $7,000 to be applied to the cost o£ the assessments. Councilman IItter said that he did not see much value in park land in this area along Rice Creek Road. There is not much residential property on the west sa.de and there is nothing on Central Avenue, and nothing to the north. He sugqested looking a.nto some other location sonth of Rice Creek Road. Rice ! i f � ^ .�1 f �� u ,,��, , Z"+ c REGULAR COUNCIL MEETING OF FEBRUARY 28� 1972 PAGE 17 Creek Road was resur£aced recently and is a busy road. In the area east o£ � Central between Gardena and Rice Creek Road there is a need for a paxk. The Director of Parks and Recreation brought out a map showing the existing park sites, and the City Manager explained the reason these lots are suggested is that there is future development anticipate$ in this area. Briardale Plat is going in, and these tax for£eit lots are available, and without them every- one would have to cross Central Avenue to get to Moore Lake Park. xe said the thinking is to try to acquire park land before it becomes too expensive or unavailable, Councilman Utter said that this is all swamp area. The Parks Director saxd that they think in terms of neighborhoods void of any park land. The area north of Woody Lane and up to Mississippi Street and from Central to Stinson has no parks. This area has some tax forfeit lots, and he would agree with Councilman Utter, they are not desirable, and not very big, but they are available. There is another parcel south of thexe owned by Mr. O'Bannon in Heather Hills. There is 7- 8 acres, but it is hilly and would not make itself readily available. The City Manager asked what was the topography of the lots on Rice Creek Road. The Parks Director said they were level, and low, but they could be filled. The problem in this area and to the north is with the drainage_ The drainage is from east to west and makes its way under the road to Moore Lake. Chairman Fitzpatrick, Parks and Recreation Commission, said that the Commission has recommended the £irst thxee priorzties, and the fourth also in a general ' sense. They did give a high priority to getting land east of Centsal while it is still available. He said in the Commission's discussions the questions were raised simYlar to the ones Councilman Utter has expressed. Acquiring the four lots in question would mean the lot that lies between them should be acquired also, and added that he did not know who owned that lot. The Com- mission did not have any ob�ection to the qeneral area, but they did question the kind of lots they are. He would say that in general, the report by the City Manager does reflect the Commission's feelings, the only da.£ference is, as he said, a higher pr�,ority on land east of Central. Councilman Kelshaw said that as Ward Councilman, the Commission's thinking goes along with the wishes of the people xn this area. He has had calls from mothers wondering if it would be possible to bxing a park into this area. On the west side o£ Central where the County ditch is, there was a promise for a park 12 years ago, but nothing has been done about it. It is true most homes with children are on that sa.de. Mayor Ziebl asked Chairman Fitzpatriak if the Commission concurxed with the four priorities. Chairman Fitzpatrick said yes, however the land east of Central cannot be acquired unless the 1972 North Park payment is de£erred to 1973. In the Commission discussions they were not ready to commit themselves to the purchase of the four lots in the Rice Creek area. 1'his would mean the first three pxiorrties could be paid £or in the 1972 budget. The Commission's recom,-nendation is not to de£er the 1972 $13,156 payment £ox North Park. Councilman Mittelstadt said he would like to add a fifth item to the prlorities. , That would be in tl�e Locke Lake area, and he would like Lots 1 and 2, Slock 7, Edgewater Gardens red tagged. The Caty Manager said that the City Assessor has already checked out these lots and the taxes and assessments would be about ��''�� REGULAR COUNCIL MEETSNG �F FEBRUARY 28, 1972 PAGE 18 , $2,DOD for each lot. Chairman Fitzpatrick said the Commission had some dis- cussion tonight about these lots witIi tlie �eople 1n the area. Tlie lot the Crty now has is quite steep, and the discussion cuas adding the lot directly to the south to it. This would st�.11 not really provide an adequate rec- reational area. Councilman Mittelstadt said that that lot could not be obtained by the City. The Council approved Mr. Templin's plat, and he is not interested in selling the lot to the City. He added that the lots he was tallctng about were just south of the Templin plat.(Edgewater Gardens Plat #2j Chairman Fa.tzpatrick said he would not disagree, they do still need a recreational area north of Mississippi and east of East River Road. He asked what was the footage. Councilman Mittelstadt said aJ�out 150' X 142' deep. Chairman Fitzpatrick said there was some discussion about using the northwest corner of the church land at 65'� and Hickory on a temporary basis as a tot lot. Mayor Liebl said that he had made a commitment to get a park into the Ruth Circle area and he thought Councilman Breider had too. The idea presented is to stagger the payments Por North Park so that land can be acquired and held within the City realm, then proceed as �unds are available. Land v,ri11 not get any cheaper. He v+as sure Cha�man Fitzpatr�.ck has received many calls al�out the Ayde Park and the Ruth Circle axea. Chairman Fitzpatrick said that the Commission has also made a commitment to the people south of I. 694 and west of 7th Street for a tot 1at_ The Commission did recommend a.cquiring some tax forfeit land there, and placed a high priority on that location. � MOTION by Councilman Kelshaw to concur with the recommendation of the City Manager with Priority #1 being North Park with a partial payment of $13,156 to be made in 1972 as budgetted, to concur with Priority #2 beinq the Ruth Circle area and Priority #3 being the Hyde Park area. By paying the budgetted amount of $13,156 for North Park in 1972, there are not enough funds remaining for Priority #4, Rice Creek Road area. Seconded by Councilman B.�'eider. MOTIDN AMENDED by Councilman Mittelstadt to include a tot lot on Lots 1 and 2, Block 7, Edgewater Gardens, with the comment that he would like to have these lots set aside for park acquisition and that the taxes and assessments axe not really out of range. Mayor Liebl called for a second to the Amendment, received none, and declared the AMENDMENT DIED for lack of a second. Councilman Breider asked if Fridley da.d not red tag these lots last year. The Finance Director said yes, and added that they will be held until the Council releases them. Councilman Sreider suggested having the Commission look at these lots and see what they could do with them. TAE VOTE UPON TAE MOTION, being a voice vote, Mittel5tadt, Brieder, Kelshaw and Liebl voting aye, Utter voting nay, Mayor Liebl declared the mota.on carried. RECEIVING REPORT ON REMODELING OF THE FORI�R POLICE DEPARTMENT AREA. � MOTION by Councilman Breider to table tha.s item to March 20, 1972 and instruct the Administration to prepare cost estimates of warehouse square Pootage plus the cost of transporting the liquor to the stores versus the discount received by purchasing in large quantities. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Lie.Ul declared the motion carried unanimously. ��1�a REGULAR COUNCIL MEETING OF FEBRUARY 28, 1972 PAGE 19 RESOLUTION #30-1972 - A RESOLUTION OF INTENT TO ENTER INTO A JOINT POWERS ^� AGREEMENT TO FORM A MUNTCIPAL INFORMATION SYSTEM: MOTION by Counc.tlman Kelshaw to receive the report £rom the Cxty Manager dated February 25, 1972 along with the supporting data found in the February 28, 1972 Agenda. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carxied unanimously. MOTION by Councilman Mittelstadt to adopt Resolution #30-1972 and appoint the City Manager to serve as a representative on the 3o�.nt Powers Drafting Com- mittee. Seconded by Councilman Kelshaca. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. DISCUSSION REGARDING THE STORM SEL�TER OUTLET UNDER C^IATER� SANITARX 5EWER AND STORM SEWER PROSECT #106: (Eriardale Plat) MOTION by Councilman Mittelstadt to adopt Choice #2 contained ln the City Engineer memo dated Februaxy 24, 1972, CM �72-04. ("TO complete the system needed to take care of the drainage problem"�. Seconded bX Councilman Kelskiaw. Mayor Liebl asked Councilman Mittelstadt if by lu s motion, he meant to complete the entire system in that storm sewer district. That is a verp biq project_ The City Engineer added that this will be over one million dollars. The original report was made in 1961 and since then the Engineering Department has brought zt back from time to time, and it has been brought up to date. The general � concensus of the people living there is that they are against the total improve- ment, but he did want to state that with development, the drainage problem will be accentuated. Mayor Liebl asked Councilman Utter i£ he was in favor of the complete system and Councilman Utter replied no. Councilman Kelshaw asked what was his ob7ection, and Councilman Utter said because of the cost. According to the City Engineer, this would be quite a burden on the tax payers and he thought it should be done in sections as necessary• Mayor Liebl said that then Councilman Utter would £avor Choice #3 (to construct the system in a piecemeal way and live with some of the drainage problems) and Councilman Utter said yes. THE VOTE UPON TH� MOTION, being a roll call vote, Kelshaw and Mittelstadt voting aye, Breider, Liebl and Utter voting nay, Mayor Liebl declared the MOTION FAILED. Councilman Breider said that before a vote is taken to do the entire project, the people would have to be xnv7.ted in. The City Engineer said yes, only the people directly involved in the speci£ic area for the partial improvement receiaed notices. MOTION by Councilman Breider to concur with Choice #3 of the City Engineer memo dated February 24, 1972, CM #72-04. ("To do the construction of the system in a piecemeal way and live with some of the drainage pzoblems"). Seconded by Council- man Mittelstadt. MOTION by Councilman Kelshaw to table tha.s item until the people can be informed , and invited in to discuss the problem. He added that he thought this item was on the Agenda because notices had already been sent out- Mayor I,iebl explained that the hearing on the 14th was only for a specific area within the total storm sewer system, and they were told that if they were assessed now, they would be credited with that amount latex on. e�r4 _y �y � REGUI,A.R COLINCIL NIEETING OF FEBRUARY 28, 1972 PAGE 20 1 Councilman Mittelstadt said the reason for his mota.on was that the City Adminis- tration states that they recommend a comnlete system if the City Council does not want any drainage problems in the area. The City Engineer said that of course that would be the best, but also expensive, he 7ust wanted to point out that if it is not done, and only a portion of the system is put in, there could be drainage pxoblems. Mayor Liebl asked the Acting City Attorney if a motion to table requires a second before the vote and the Acting City Attorney replied yes. Mayor Liebl then called for a second, xeceived none, therefore, declared the MOTION DIED for lack of a second. THE VOTE UPON THE MOTION to concur with Choice #3, being a Voice vote, Utter, Mittelstadt, Sreider and Liebl voting aye, Kelshaw voting nay, Mayor Liebl declared the motion carried. MOTION by Councilman Utter to authorize the City Engineer to negotiate or con- demn certain easements to install the pipe for the outlet in.to the area north of Rice Creek Road. Seconded by Councilman Sreider. Upon a voice Vo�e, Utter, Mittelstadt, Breider and Liebl voting aye, Kelshaw voting nay, Mayor Liebl declaxed the motion carxied. Mayor Liebl told Councilman Kelshaw that he doe3 realize �re are dxainage ' problems, and there w.tll be more in the £uture, but the Council must be practical and respect the people's pocketbook. R�SOLUTION #31-1972 - A RESOLUTION APPROVING PLANS AND ORDERING ADVERTISEMENT FOR BIDS: SANITARY SEWER, WATER AND STORM SEWER PROJECT #106: MOTION by Councilman Breider to adopt Resolution #31-1972. Seconded by Council- man Mittelstadt. Upon a voiae vote, all ayes, Mayor Liebl declared the motion carried unanimously. Councilman Kelshaw said that if the Council had had enough "guts" 8 years ago to do the right thing for the people, we would not be talkinq about a$2500 assessment on these people now. The cost of living, labor and interest rates have gone up, true, but so have wages. I£ it had been done 8 years ago as it should have been done, we would not be in the position we are in today. He said that when he sees little children in snow boots and a heavy snow suit going on 3' - 4` of water thinking the ice is thick enough to hold them, it makes him shudder. Do we have to wait until a 3- 4 year old drowns? It is true it will be ccstly, but thexe are ways around some of the cost, and thought that part of the cost could be gotten from New Brighton, and negotiations should be stasted along that line. Tomorrow it is not going to get any cheaper. CouncLlman Utter said as far as "guts" are concerned, everyone wishes they vrere blessed with foresight, and people are always smartex in hindsight_ He added that he has water problems too and invited Councilman Kelshaw to come up and � take a look. � �} ¢ f e� �, � r REGULAR COUNCIL MEETING OF FEBRUARY 28, 1972 PAGE 21 RESOLUTION #32-1972 - A RESOLUTION IMPOSING LOAD LIMITS ON PUBLIC STREETS AND HIGHWAY5 IN THE CITY OF FRIDLEY: MOTION by Councilman Mittelstadt to adopt Resolution #32-1972. Seconded by Councilman Kelshaw. Upon a voice vote,all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #33-1972 - A RESOLUTION AUTHORIZING AND DIRECTING THE SPLSTTING OF SPECIAL ASSESSMENTS ON PART OF LOTS 2 AND 3, PARCEL 505� AUDITOR'S SUBDIVISION #89: MOTION by Councilman Breider to adopt Resoluta.on #33-1972. Seconded by Councilman Kelshaw• Upon a voice vote, all ayes, Mayor Liebl declared the motion carrYed unanimously. RESOLUTION #34-1972 - A RESCLUTION AUTHORIZING AND DIRECTING THE SPLITTTNG AND COMBINING OF SPECIAL ASSESSNiELVTS ON PARCEL 2050 AND YARCEL 2400, BL6CK5 S AND 9, LOWELL ADDITION: MOTSON by Councilman Breider to adopt Resolution #34-1972. Seconded by Counc�.Iman Kelshaw. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RESOLUTION #35-1972 - A RESOLUTION AUTHORIZING AND DIRECTZNG T£3E TRANSFERRING OF SPECIAL ASSE55MENTS FOR THE 1969 SERVICE CONNECTIONS FROM PARCEL 6000, SECTION 2, TO LOT l. BLOCK 1, EA5T RA7QCH ESTATE5 1ST ADDITION: MOTION by Councilman Breider to adopt Resolution #35-1972. Seconded by Council- man Kelshaw. Upon a voice vote, all ayes, Mayor Liebl declared the mot.ton carried unanimously. CZAIMS: MOTION by Councilman Kelshaw to approVe payment of General Claims #27656 through #27856 and Liquor Claims #6395 through #6460. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. LICENSBS: Type of License By Cigarette Frontier Steak House 7373 Central Ave. N.E. Fridley, Minn. 55432 Ruth Arthur Public Dance St. Williams Catholic Church Approved By Chief of Police Fee $12.p0 Fee irtaived � , � � I`_J � REGIILAR COUNCIL MEETING OF FEBRUARY 28� 1972 LICENSE5 CONTINIIED: General Contractor Multiple Dwellings Dalberg Builders Inc. 1121 SOth Avenue N.E. Minneapolis, Minn. Samuel C. Dalbezg PAGE 22 Approved hy Building Inspector Ulmer Constxuct�on Tnc. Huild3ng Inspector 103 East Golden Lake Lane Circle Pines� Mi,nn Allan E. Ulmer Giertsen Company 2840 Chicago Avenue Minneapolis, Minn. Hugo Mostrom Renco Builders Corp S11 West 50th St. Nlinneapolls, Minn. Roger E. Ne15on KBM Investment Co. 3005 Ottowa Ave. So. Minneapolis, Minn. For: 1619 73rd Ave. N.E. Buildinq Inspector Huilding Inspector �a t,` ,•� � IInits Fee Fire Prev. Bureau 24 $24.00 MOTION by Councilman Breider to approve the licenses as submitted, with the exception of the dance license requested by St. Williams Catholic Church. The motion was seconded and upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimou5ly. CONSI➢ERATION OF APPROVAL OF TRAILER LICENSE: (Allan N. Puro, 6795 East River Road) MOTION by Councilman Mittelstadt to approye the trailer license requested by Mr. Allan N. Puro. Seconded by Councilman Breider. Councilman Mittelstadt commented that this gentleman should he commended �ox approaching the City to see if this would be all right and if there are any permits necessary. There are a lot of trailers parked in the City o£ Fridley without any permission being asked. THE VOTE UPON THE MOTION, beiny a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. 1GE ADDITION: the Fridley Volunteer Firemen's Relief AMOUNT by MOTION by Councilman Mittelstadt to approve the payment of $200 for Januaxy inspection to Patch, Erickson, Madson and Hanson, Inc. by the Volunteer Fire- men's Relief Assoca.ation. Seconded by Councilman Kelshaw. Upon a yoice vote, all ayes, Mayor Liebl declared the motion carried unanimously. �� �,! d .5i P��� REGULAR COUNCIL MEETING OF FEBRUARY 28, 1972 PAGE 23 APPROVAL OF FINAL ESTIMATE #1 FOR BACON ELECTRIC COMPANY IN THE AMOUNT OF � $7,990 FOR THE MUNICIPAL GARAGE ADDTTION: (Requested by the Fridley Fire- men's Volunteer Relief AssociationJ MOTION by Councilman Mittelstadt to approve the payment of the Final Estunate #1 for Bacon Electric Company in the amount $7,990 by the Volunteer Firemen's Relief Associata.on. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unammously. CONSIDERATION OF SETTING BOARD OF EQUALIZATION MEETING FOR JUNE l� 1972 AT 8:00 P.M. MOTION by Councilman Mittelstadt to set the date of June l, 1972 at 8:00 P.M. for the Board of Equalization Meeting. The motion was seconded and upon a voice vote, all ayes, Mayor Lzebl declared the motion carried unanimously. RESOLUTION #36-1972 - A RESQLUTION RELATING TO THE DENIAL OF AUTHORITY TO THE METROPOLITAN COUNCIL FOR INCREASED LAND-USE PO4SER• MOTION by Councilman Mittelstadt to adopt Resolution #36-1972, using the copy of Blaine's resolution as an example, with the City Manager to rephrase it into proper Fridley form, Seconded by Councilman Kelshaw. Councilman Breider said he was not too sure about this resolution. It talks of � not giving any more authority to the Metropolitan Council over rezoning, but the Metro Council is here to stay and we cannot get rid of it, so he would say that the wording in this resolution is a negative approach, and he would rather have it state what we do want rather than what we do not want. Councilman Mittelstadt said that land use control by the Metropolitan Council will be increasing, and he believed that municipalities should mainta�n their control over zoning, with the County covering those areas that are undeveloped. Council- man Breider agreed, but he wanted the Minnesota State Legislature addxessed in affinnative words rather than a negative approach. Councilman Mittelstadt said that the local levels have the land use control now, and what the reso- lution is sayinq is that is the way we want it to stay, Mayor Liebl said that is the intent of the resolution. Sf an average citizen would want to contact a councilman or mayor, at the local level it is no problem, but if he had to contact a Metropolitan Councilman, he could wait until next July, He most strongly believed in local autonomy for true representation of the people, and the further that representation is removed, the less the citizen has. Councilman Breider said that he would certainly agree with maintaining local authority, but there are some problems that are metropolitan in scope, such as the storm sewer suit with Spring Lake Park, and suggested that i£ the Metropolitan Council had been actively involved in that case, Fridley may not be in the bind it is in today. This resolution talks about the activity of the Metropolitan Council as pertains to federal grants and loans by local governments, but every- one must realize that there are many pro�ects in one community that do affect , the surrounding communities. He said he did not believe they shoLtld have the right to rezone property, but they should be able to coordinate activities going on between communities. An example of this is the Rice Creek Watershed District, that should go through the Metropolitan Council to coordinat� the other comiaunrties to the north and east of Fridley. He said he believed more care should be taken with this resolution. �:�>�a� _ S REGULAR COUNCIL MEETING OF FEBRUARY 28, 1972 PAGE 24 � Mr. Earl Hendricks, 7341 Able Street 1d.E., asked what type of power they are trying to usurp? In approving this resolution, it is not saying that there should not be somebody to give a rational judgment, so that some community upstream on Rice Creek could not �ust disregard the pxoblem and say that it does not affect them. Mayor Liebl said that he agreed there were some problems a local government could not solve, such as the sewer problem. The Metropolitan Council was charged with cleaning up our rivers and lakes, the Metropolrtan Sewer Board has worked hard on it, and Fridley had to ad7ust the sewer rates upward by about 1/3. He must support the Metropolitan Council in their attempt to bring about a cleaner environment. He must disagree with relegatinq such powers as zoning to the Metropolitan Council, however. When an appointed governmental body is given the sole decision on whexe �ederal monies are to be allocated, that is a lot of power. This is an appointed body, not elective, and when a government has so much power, we must proceed very carefully. Mr. Hendricks said that he would agree with Councilman Breider. The resolution is completely negative and provides no guidelines for the Legislature. The authority over land-use is where it should be now, and they should not be given any more rights along those lines, but there should be a positive approach. Mayor Liebl said that Mr. Tony Gnerre, Metropolitan Sewer Board, appeared before the Counoil to explain the reason for the hi.gh sewer bill, and it was � a miracle. They are doing their best under the circumstances within the riqhts and powers they have. If a governmental body has th� xight to ta�c, they must have to face the wters, otherwa.se it is not representation of the people. Mrs. Barb Hughes, League of Women Voters, asked what this resolution said, and the City Manager read it aloud at the request of Mayor Liebl. MOTION by Councilman Breider to table this resolution until it can be reworded to more accurately say what Eridley wants to say. Seconded by Councilman Utter. Upon a voice vote, Breider and Utter voting aye, Mittelstadt, Liebl and Kelshaw voting nay, Mayor Liebl declared the MOTION FAILED. THE VOTE UPON THE MOTION, to adopt the resolution, being a voice vote, Kelshaw, Mittelstadt and Liebl voting aye, Breider and Utter voting nay, Mayor Liebl declared the motion carried. The Administration was instructed to send copies of the resolution to the Legislators when it is completed. ��� COMMUNICATTON FROM LEAGUE OF WOMEN VOTERS REGAR➢ING SUGGESTED APPOINTEES FO R THE PARKS AND RECREATION COMMISSION: MOTION by Councilman Mittelstadt to receive the communication from Barb Hughes, League of Women Voters dated February 18, 1972. The motion was seconded and upon a voa.ce vote, all ayes, Mayor Liebl declared th� motion carried unanimously. , RECEIVING SSATUS OF STATE 1�ID FUNDS - DECEMBER 31, 1971: MOTION by Councilman Kelshaw to receiVe the memo from the Pinance Director xegarding the status o£ State Aid £unds dated February 22, 1972. Seconded by Councilman Mittlestadt. Upon a voice vote, all ayes, Mayar Liebl declared the motion carried unanimously. 6;(�pl� REGULAR WUNCIL MEETING OF FEBRUARY 2$, 1972 RECEIVING FIRE DEPARTNIENT REPORT FOR JANUARY, 1972: PAGE 25 MOTSON by Councilman Kelshaw to receive the Fire Department report for JanuaYy, 1972. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mapor Liebl declared the motion carried uannimously. RECEIVING LETTER FROM PHILIP COHEN, MAYOR OF BROOKLYN CENTER: Mayor Liebl read the letter aloud and said the letter should be received, and that he would agree with the contents and would urge that if any of the Council- men were able, to put their name down as willing �to serve on a committee. It is very important for elected officials to provide input on the advisory staff level, and if that is done, it would make the Metropolitan Council work more effectively anc1 be more responsive to the people. MOTION by Councilman Mittelstadt to receive the communicatlon from Philip Cohen, Mayor c�f Brooklyn Center, dated February 23, 1972. Seconded by Council- man Breider. ' Councilman Breider said that he would certainly agree taith Mayor Cohen. It is very dxfficult to get elected officials with a negative attitude to work effectively on a committee. As an example of what can be done, the Metop- politan Council was studying law enforcement. The Anoka County Soint Law Enforcement Council went ahead on their own and when they were ready, pre- � sented what they had done to the Metropolitan Council to show them what can be done without metro control. If the Metropolitan Council is aware of what is being developed by other bod,tes, Federal grants can be forthcoming. In no way can you approach people with a negat�.ve attitude and get xesults. Councilman Mittelstadt said that he would certainly put his name down as of£ering to sexve on a committee, however, he is already on the Metropolitan Transit Commission advisory commitee, so that would limit his activities. TAE VOTE UPON THE MOTION, being a voice vote, all ayes, Mayor Liebl declared the motion carried unanxmously. ADSOURNMENT: There being no further business, Mayox Liebl declared the Regular Council Meeting of February Z8, 1972 adjourned at 12:15 A.M. Re�1,1.y submitted, � � �%�<'(/uN'i 7�„� �. �'�/ Juel A. Mercer Frank G. Li lal Secretary to the City Council Mayor ,