Loading...
04/10/1972 - 00017516� � THE MINUTES Or THE SPECTAL P�BLIC HEARING MEETING OF APRIL 10, 1972 The Special Public Hearing rIeeting of the Fridley City Council was convened at 7:35 P. M., April LQ, 1472. PLEDGE OF ALLEGIANCE: Mayor Liebl led the Council and the audience in saying the Pledge of A1legiance to the Flag. ROLL CALL MEM&ERS PRES�NT MEMBERS ABSENT: ADOPTION OF AGENDA: Lieb1, Utter, M7�ttelatadt, ]3reider None Mayor Liebl said there was one item to add as follows; Receiving Report from the City Manager by the Screening Commrttee for Che Position of Assistant City Manager/Public Safety ➢irector MOTION by Couacilman Mittelstadt to adopt the Agenda as amended. Seconded by Gouncilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously, Mayor Liebl read the public hearing notice aloud and the Engineering Assistant showed the two areas involved on the screen, and said that the pro�ect was for the Burlington Northern Industrlal pLat and the A1 Rose Addition. Mayor Lieb1 asked if there had been any ca11s in regaxd to the construction and the Engineez- ing Assistant replied no, no calls. Mayor Lieb1 asked if there was anyone on the Council or in the audience that wished to comment, with no response. MOTION by Councilman MittelstadY to close Che puUlic hearing on the assessment ro11 for Sanitary Sewer, Water and Storm Sewer Improvement pro�ect �f105. Seconded Uy Councilman Breider. Upon a voice vote, a11 voting aye, �fayor Lieb1 declared the motion carrled unanimously and the hearing cLosed at 7:4Q P. M. JL - STORM fE�i MOTION by Councilman Mittelstadt that, iaasmuch as tliere are no ob�ections from property owners or questions from the Council, Resnlution ;k4S-1972 be adopted. Seconded by Councilman Breider. Upon a voice vote, al1 voting aye, Mayor LieU1 declared the motion carried unanLmously. SPEC7AL PUBLIC HEARING MEETING OP APRIL L0, 1972 YIJISLIG ti�HK1NG VN 1{r;LUN1IVG 1U:ljUP,Jl GUH 1F/G-VL ISY HLVILV A R�ZONE FROM R-1 (SINGLE FAIIILY DWELLING) TO R-3 (GENERAL DWCLLINGS) - 6591 MAIN STREET N, E„ FRIDLEY, MINNESOTA: PAGE Z Mayor Liebl read the public hearing notice and the �ngineering Assistant showed the location on the overhead pro�ector, and reported the Planning Commission's recommendation for denial is found in the Council Agenda. Sust to the south of this parcel is City park land. The City ttaded some land w�.th Mr. Nitschke to add to the park. The City gave more land than Mr. Nitschke did, so he paid us an additional $250. After the trade Mr, Nitschke ended up with an 80 foot parcel of Land. Directly to the north is a single family dwelling �ust being completed, then a double bungalow, thett the rest to the north are single family homes. He showed the plan on the easel and said that the I�ouse is situated toward the back of the lot with the garages toward the front with a courtyard in between. The three unrts would have separate yards. Mr. Nitschke had asked for a special use permit about a year ago to build a double bungalowy which was approved, hotiaever, the pezmit was never exercised. L.__J I Mayor Liebl satd he believed across Main Street the land is all industrial Erom Alississippi to Rzce Creek. The Engineerzng Assistant sa.td yes, and added from Main Street to the tracks. Designware is located to the south and �ust west of this parcel. Mayor Lieb1 said he recalled giving permission for the duplex �ust tu the north, and he felt it Looked very nice. The Engineering Assistant said that that duplex is two stories high and this construction would be similar in height. Mayor Lie61 said that he felt that if this request was approved, it should be contingent upon some sort of screening on the south side � between this parcel and the park. He asked if a redwood fence would be satis- factory. The �ngineering Assistant said the special use permit was sub�ect to a redwood fence being installed along the south 1ine. He sa�,d he felt tE�at a chain liak fence would be better than a redwood fence, because there caould be baseballs hit in the park, etc., and the children would be climbing on the redwood fence, and a chain link fence would be more durable. Mayor Liebl asked if there were aay ob�ections at the public hearing before the Plann1ng Commission and the Engineering Assistant replied no, Mayor Liebl asked Mr. Nitschke why 6e did not build the duplex he had requested over a year ago. Mr. Nitschke said that he had talked to several contractors about the best use of the land and they Le1t that with the industrial zoning across the street, that the best use for the Land c,� a1d be for two - three units. He added he has owned this parcel for about 1� years, Mayor Liebl asked if Mr. Nitschke lived in FridLey. Mr. Nitschke replied no, but if this rezoning is approved, he pLans on living in one of the units. This is not a speculative venture, it would be his home, and he wo�ld want rt to look nice. He said he has lived in apartments and he realizes people value a degree of privacy, and he thought his plan was a good one with this rn mind. Mayor Liebl asked if this rezoning xs graated, would Mr Nxtschke live up to stipulations imposed by the Couacil., such as a fence� Mr. Nitschke said yc�, he would agree to the cyclone fence, and had thought of perhaps putting in a privacy fence inside it because a cedar fence would add more aestetically. He agreed the cyclone fence along the park would probahly be a better choice than �ust a redwood fence. , Tlie EngLneering Assistant said [hat having the garages in frunt uf the dwelling is a new concept somewltat, and would eliminate a long driveway. There �aould be four garage stalls for the three unies. The code requires lz parking places per ane bedroo¢i unit, SPECIAL PUBLIC HEARING MEETING OF APRIL 10, 1972 PAGE 3 � Mayor L1eb1 asked Mr. Nitschke if he wouLd follow through as proposed and Mr. Nitschke replied yes, he would meet a11 the City stipulations. Mayor Liebl asked what was the setback and the Engineering Assistant said it was 35 feet from the garages to the right of w ay. Mayor Liebl asked if there would be any green area in the back and pointed out that it is R-1 behind him. Mr, Nitschke said yes, the entire back yard would be lawn, This is why he chose this plan, it allows a minimum of blacktop and a11 the rest of the area can 6e used as green area. He felt everyone would rsther look at green areas rather than a long expanse of blacktop, He added that the 1ot is 80' x 136' Mayor Lieb1 asked if he would meet the square footage requirement and the Engineering Assistant said yes. Councilman Breider asked, with 80' front footage, could he build this building without a sideyard variance� The Engineering Assist<�nt replied yes, each unit is 20' for a total of 60'. Councilman Breider asked if there were any plans for the interior of the building. Tlie Engineering Assistant said no� �ust this plot plan. Mr, Nitschke added that many townhouses use the basements as living areas but his plans wi11 have two floors plus the basement, Councilman Breider asked what was the square footage of the Living space, TYr. Nitschke said they would aaerage about 1200 square Leet per unit, plus a fu11 basement. The Engyneering P,ssistant said, in regard to the parking requirements, that he would meet the code if he provided six stalls for the three two-bedroom units. Mr. Nitschke said lze could get another one on the side, and added that as he wi11 be the owner and liviag there, he would prefer small families, and would not be putting in more than two bedrooms per unit. � Councilman Utter asked, if he were to put �n another garage to allow fox a third two-bedroom unit, would he sti11 have �nough room on the sideyard The Engineering Assistant said yes, figuring an average garage is 20' wide, there would still be 10 feet on each side, since the garages are located in front of the house. Mayor Liebl said that he had driven past this site this A.M. and had talked to the Ward Councilman, He informed Mr. Nitschke tihat the Council would talce no aceion tonight, but that it would be back on the Agenda April 17th There are four votes required to rezone property, and he Chought, if this triplex were to be as nice and tidy as the duplex just to the nortLz, it would be a nice addition. He said he could not see how this property could be developed as R-1 with industrial zoning across the street and this plan would seem to be Lhe best use of the land. It would also be more advantageous from a tax standpoint, as the City would get more in taxes from a triplex. He asked how much of an investment this would be. Mz. Nitschke said upwards of $60,000 in �ust construction costs, Mayor Lieb1 asked Mr. Nitschke if he would stay with one one-bedroom unit and two two-bedroom units, Mr. Nitschke said that as he said, he would Like sma11 families. He said he would work on the plans, and bring them in as soon as they are completed. Mayor Liebl pointed out that the duplex to the north of him has some brick, and he asked him to take this into consideration. He also suggested showing the plans to his Ward Councilman when they are done, He said the first reading of the rezoning ordinance couLd Ue held, but the second would � not be held until the plans are approved. Mayor Lieb1 asked if there was a�ayoae in the audience who wished to comment on this rezoning, eLther for or against, with no response SPECIAL PUBLIC 1�ARING N�ETZNC OP APRIL 10, 1972 PAGE 4 MOTION by CounciLman NIittelsLadt to close the public hearing on the rezoning � requesL 70A i�72-01 by Alvin Nitschke. Seconded by CounciLman Breider. Upon a voice vote, all voting aye, Mayor Lieb1 declared the motion carried unanimously and the hearing closed at 8;05 P M. PUBLIC I�ARING ON VACATION R�QUEST SAV -0�72-01 BY RUSSELL HEDGE, GENERALLY LOCATED AT 649 - 53RD AV�NUE N. E.: (Madison Street) Mayor Liebl said, with the Council in agreement, that the reading of the hearing notice could be waived. Ttie �ngineering Assistant showed the location on the screen and said the request was for the vacation of a short stub of Madison Street �ust north of 53rd Avenue. The Planning Commission recommended approval sub�ect to retaining the northerly 10 feet for utility and drainage, the southerly 25 £eet for a Standard Oil Company pipeline, a dedication of the westerly 4 feet of Lot l, B1ock 2 for an old existing watermain, dedication of the southerly 6 feet of B1ock 1 and Lot 1, Block 2 for a water line, and the dedication of the northerly 10 feet of Block 1. The easterly z oi the vacated Madison Street would go to Gerral Herringer and the westerly z to Russell Hedge, The lot split already approved wouLd add the easterly 2 of Lot 3 to the SocLal Dynamics Corporation and the westerly z would be combined with the easterly z of Madison Street to make residential 1ot. Mayor Liebl asked if there were any comments from the audience or questions from the Council, with no reply. MOTION by Councilman Mittelstadt to close the public hearing on the vacation � request SAV �k72-01, Russell Iledge, Seconded by Councilman Breider, Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously, and the hearing closed at 8;07 P, M. Mayor Lieb1 said this item wouLd be back on the Council Agenda April 17, 1972. PUBLIC HEARING ON VACATION R�QUEST SAV �k72-02, JOSEPH LAURENT, GENERALI,Y LOCATED AT 1312 SKYWOOD COURT: Mayor Liebl said, with the Council concurring, that the reading of the notice could be dispensed with. The Engineering Assistant showed the location of the request on the overhead pro�ector and said that there is a 15' storm sewer easement along the westerly boundary of his property. Mr. Laurent wants to add a garage on the side aad use the existing tuck-under garage as living area, The Planning Commission recommended approval sub�ect to his putting the top of the footings at the same elevation as the bottom of the storm sewer. He said the Staff also recommends approval sub�ect to the footings being at that depth, which would be about 6' deep. Mayor Liebl asked Councilman Utter what his recommendation would Ue, since it is his Tdard, and Councilman Utter replied that he would approve t6e request. Mayor Lieb1 asked if there was anyone that wished to comment, with no repLy. MOTION Uy Councilman Mittelstadt to close the public hearing on the vacation request SAV 4k72-02 by Soseph Laurent. Seconded by Councilman Breider. Upon a wice vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously � and the hearing closed at 8•10 P. M. SPEC7AL PUBLIC HEARING MEETING OF APRIL 10, 1972 PAG� 5 � REQUEST FOR CLARIFICATION OF SIGN YERMIT POR A 51GN AT BUIi'S YttUllUC�: KAivCri APPROVED AT THE COUNCIL MEETING OI' APRIL 3, 1972: The City Manager explained, at the request oL Mayor Lieb1, that at the last Council Meetiag, a request was made, and granted, for a variance for an addition to their sign. There was some discussion that the message on the sign shoula not 6e changed moxe than oace a day, although that was not part of the motion. He has had some discussion with the salesman from American Sign and Iadicator Corpora- tion, caho indicated that the whole concept of the sign was that it could Ue changed more often than once a day. I-Ie said he had asked Bob Schroer to be present at the meeting and noticed hlm in the audience. Mr. Schroer said this sign would not be a turning, changeable sign such as the "Time and Temp" signs used downtown. Each letter would be put in and the soord spelled out along with the price, and the message could be changed from inside the buildiag whenever they would see fiC. An item and the price could Ue put on the board a certain amount of time, then changed when they wanted to. He felt the siga was very nice and would dress up the area. Mayor Lieb1 said that the Council was not really aware of what type oi sign he was talking about at the last meeting. He said he noted that Ho11y Shopping Centex is also considering this type of sign. He said he did not believe this type of sign would interfere with anyone. Councilmaa Breider asked iI Mr. Schroer was Looking for a deletion of the sentence referring to only changing the message once a day and Mr Schroer said yes, and explained that if they had a specia�. � sa1e, had the sign up, then ran out of that commodity, they could not change the sign to something else, NIayor Liebl read the motion Irom the excerpt of the rough draft and said that it does not say the message cannot be changed Councilman Mittelstadt said that it says the Council concurs with the Board of Appeals which could be interpreted to incLude that stipulation. Councilman Mittelstadt said that last Monday night there was some discussion about the signs of both Bob's and the Green Giant having to be taken down, but how can the Council stipulate that Green Giant has to take their sigas down� Mr. Schroer expLained that he ha5 talked to Green Giant and they wish to use the sign a1so, so have agreed to take their wa11 sigas down. MOTION by Councilman Breider to amend the Council unappro�ed rough draft of the Council PYinutes of Apri1 3, 1972 to delete Lhe sentence� "It is recommended that the message not be changed oftener than once a day." The motion was seconded and upon a voice vote, all voting aye, Mayor Lieb1 declared the motion carried unanimously. REPORT EROM CITY ATTORNEY ON SKELLY OIL STATION AT 79TA WAY AND EAST RIVL�R ROAD• (FALKGNSTEIN VS CITY OF FRIDLEY) (Tabled Apri1 3, 1972 The City Attorney reported that the court hearing was scheduled to be very soon, however, P1z. Falkenstein has requested a continuance until May 5, In talking with Mx. Fudali, he understood that he and Mr Falkenstein are negotiating toward an agreement on the use of the 1and. He said he did not believe there would be � anything coming up between now and May Sth, and that he would bring this item bask when there was any action to report. Mayor Lieb1 told Mr Fudali that the Council tabled this item last week because he had been in Europe. He said he would most sCrongly urge coming to an agree- ment out of court, and he feLt that people would work with him to reach a solution SPECIAL PUPLIC HEARING MEETING OF APRIL 10, 1972 PAGE 6 agreeable to both parties. IIe said he felt that Mr. Fudali could help the City ' and the people that own the surrounding property by buying the land and using it Eor his pro�ect, When Mr. Pudali's property was rezoned, this small triangle should have been considered at that time, He said he had talked to some of the people on 79th Way and they do not want any more traffic problems created T3y putting in a service station� it could add to the traffic problems they have now, He said, in his opinion, putting in a service station on [his corner would be contrary to the type of neighborhood it is now. To the wesC and north the land is residential and Mr. Fudali's property �ust to the south is multipLe. Mr. Fudali said he would certainly do his best. It seems Lhat the City of Fridley's interest and his are exactly the same. He said he had had sevetal discussions with Mr. Falkenstein on the development of this corner, but it is too early at this point to predict whether they can come to some sork of an agreement, but he would make every effort. Mayor Lieb1 said iL- seemed this could be tabled until there is something to report, or in the event this matter is resolved out of court, rt would not have to come back before the Council. MOTION by Councilman Mittelstadt to table this item indefinitely. Seconded by Councilman Breider Upon a voice vote, all voting aye, Mayor Liebl declared the motlon carried unanimously. RECONSIDERATION OF ISSUANCE OF GENERAL CONTRACTOR LICENSE - MILES CONSTRIICTION ' COMPANY• Mr. Ed Orwall, Attorney for Mi1es Construction Company, introduced himself and said that he appreciated the Council tabling this license request until he could be presenl. He said he had received a Letter from the City Manager indicating two problems in a building inspection report and he could be happy to try to answer the Council's questions, The City Manager said, concerning the property at 6731 4th Street N. E., that Miles took out a garage permit for this address on Sune 3, 1971. The Building Inspector found during an inspection that alterations were being done at this address by Mi1es without a permit. The owner came in and took out a permit on December 3, 1971, and was charged double as a penalty and on January 24, 1972, an inspection was made to linal out the permit and the work was not completed. Mr. Orwa11 said that the conrract to build the garage was handled by a former salesman Por Mi1es. He got the permit, then, as he is also in the home improve- ment lnusiness, as a Iollowup he entered �nto a contract to do some alterations which �m not done through Mi1es Construction. The garage was a Miles contract, but the alterations were not. He said that he understood that the former sales- man paid the double fee, so the home owner did not suffer. The salesman is no longer emplc+yed by Mi1es. Mr. Orwa11 continued, the second complaint, 7530 Tempo Terrace, Mr, and Mrs. � IZenneth Western, was their fault. They did have a number of prohlems in their management, and the permi[ was overlooked. The matter came to Iight last Sanuary He said he did not have anytlung to say as to how rt happened, he �ust did not know, but when it was brought to their attention, it was taken care of. SPECIAL PUBLIC HEARING MEETING OF APRIL 10, 1972 PA� 7 � Councilman Breider noted that Mr. Western was in the audience and asked him if the survey was done, and if Mi1es paid for rt Nir. Western said the survey was done, but Miles Construction Company thought that they should pay for it. The original contract was 2z years ago and included in the contract the statement that Miles was to pay for the survey. In talking with the Building Inspection Department, at that time they did not enforce this requirement, however, Lhey do n�w, and he did not feel he should have to pay for it. The survey would not have had to be done when the contract was taken out. � � P1r. Orwalls aid he would agree wrth Mr. W�stern, and the Westerns' should not have to pay for the survey. In all garage contracts it states that the su7-vey expenses are Co be borae by the homeowner. Mr. Western is correct that when tlie contract was entered into, the survey was not required, but when the permrt was taken out it was. He said the file has been killed and Mr. Western is not expected to pay for the survey. Mr. Western said that Mi1es had the survey doae and he received the bill. Mr. Orwall said the biliing is done clerically because it is the routin� thing to do, but when this was brought to his atCention, the file was killed and Mr. Western should not be billed any more, the bi11 has been paid by Miles. Mayor Liebl asked if the quality of construction was satisfactory. P'ir, tidestern said he had copies of letters he had writtea to the Better Business Bureau and the Attorney General if the Council would wish to see them He said the Building Inspector came out to check his compla�nts on such things as wide cracks in the siding and snow coming in around the doors. A contractor was sent out and the deficlencies were corrected. Mr. Western commented that tliis a11 came up when the Assessor was out to his place and did not know he had the garage. Mr. Western said he told the Assessor that he has had it for two years, but it seems because there was no permit, the Assessor had no record oF it. MOTION by Councilman Breider to reissue Construction Company, with the comment to temporarLly suspend the license, and paid by Miles and the repairs made, he Seconded by Councilman Utter. the General Contractor License to Miles that, inasmuch as he had made the motion since it appears the survey has been should be Lhe one to make this Motion Mayor Lieb1 told Mr. Orwa11 that a license is a priviledge within this City and should be respected. When a contract is entered into, there is a responsi- bility on both sides. H e said he realized that some people are more fussy than others, but if there is some serious question in regard to a license holder, it is the Council's responsibility to see that the homeowner is treated fairly The City Manages asked Mr. Orwa11 if steps have been take❑ within Lhe Compaay to ensure that all the employees know Fridley's requirements and Mr. Orwa11 said yes, he is their counael, and they a11 know the requirements Mr. Jim Gibson said he would like to commenl on the wording of some of these contracts. A young couple came into his office to have their contract notorized for a garage with another firm. In reading the sma11 print he fouad that if they defaulted in their payments that the firm could take their property. He advised them to see their attorney before they entered into this contract, which Lhey did They came back and thanked him, and said they did not sign the contract on their attorney's advice. He felt that the type of contracts some oi these companies use should be looked into. THE VOTE UPON THE MOTION, being a voLCe vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously SPL�CIAL PUBLIC HEARING MEETING OP APRIL 10, 1972 PAGE 8 CONSIDERATION OF A REQUEST TO USE NEW BUILDING CODE WHICH BECOMES EFP'ECTIVE: � SULY l, 1972 - INNSBRUCK NORTA QUADRAMINIUMS - VIEWCON: (Tabled Apri1 3, 1972) The Cngineering AssLStant reported that the State Code which becomes effective on July lst will be substantially different than Fridley's Code and Viewcon would Like to use the new Code, rather than Fridley's. Their main ob�ection was that they did not want tlieir models to be different from the rest of the buildings. Mayor Liebl said that �ahen the Viewcon pro�ect was presented, the great emphasis was on quality The Council would like to see what they are now in the process of developing. The Council has been requested 6y the Building Standards - Design Control to write a letter to the State �uilding Administrator spelling out our ob�ections to the State Code, but he did not know how successful Fridley wi11 be in getting our input into the State Code. Using the State Code would be taking a step backwards zn Fridley, aad he felt would definitely be the wrong way to go, He said the Council must listen to the people in the trade and recognlze their thoughts and ideas. The Building Standards - Design Control is made up of people familiar with the building trade. He quest�oned what impact this would have on the qualrty. The Engineering Assistant said that the main item is that the Pridley Code does not a11ow single wa11 construction and requires some sheathing, the State Code does not. Mr. Ken Norduane, Architect for Viewcon, agreed. Mr. William Tonco, Building Standards - Design Control said that he ;�nad made the motion ior approval of the plans if the State Code goes into effect, but Lhat , dow not mean he approves of the State Code, only that he did not feel they had the authority to deny it because if the Code goes into effect they would be within their rights to build. He said that 3/8" plywood is not adequate bracing and the way the State Code is, he felt, there would be syphoaing of water. There wouLd be water driven in when it hits the horizontal members. There may be a savings now, but taking a$40,000 house over a 40 year period, it would not amount to much. Mr. Nordaune said there would be between $250 -$350 difference. Mr. Tonco said, what is that over 40 years� Ni11 There would not be adequate insulation for Minnesota winters and if the wa�er does get in, it would run into the house rather than back out as it does now. PYr. ILen Nordaune said he has talked to the State Building Inspector and asked their advice and if PridLey wants to hold to this and the State Building Inspector agrees, Viewcon wi11 comply, but if they do� they want their competitors to do likewise. Mayor Lieb1 said that this is the nicest property that has been rezoned in the last few years. Viewcon presented a plan on the complex before the rezoning went through and there were commitments made, and a man is as good as his word. He felt thexe were commitments made two years ago, and the City did a selling �ob on the people who live in that area telling them this would be a very high q uality pro�ect, and he would certainly hope Viewcon wi11 live up to it. Councilman Breider told Mr. Norduane that Fridley �.ntends to go before the State � Building Commission before the July lst date hoping that they will understand our problems, to ask that the Code be amended to include some of the things Mr. Tonco is concerned about. SPECIAL PUSLIC HEARING MEETING OF APRIL 10, 1972 PAGE 9 ' Mayor Liebl said he wanted to see the building built the way it was approved. Former Councilmaa Harris and Mayor Kirkham were very much concerned about the quality of construction., and it is the duty of this Council to follow through on this pxo�ect as proposed. There are very nice expensive homes 2n this area. He commented that it took four rezoning hearings before a company was successful in rezoning this property Mr, Nordaune said that he has been on this pro�ect for two months, and was not in on the onset two years ago. He said he would check with Mr. Chuck Van Eeckhout on what was promised at the onset. He added LhaC Mr Van Eeckhout was tied up tonight. Mayor Liebl said he�felt it would be downgrading the quality of his pro�ect to go along wi�h the State Code. The Council must maintain Che pledge given to the people two years ago, Councilman Utter said that if this raquest is granted to Viewcon, the Council would also have to grant Che same request to a11 the contractors, and he felt they would �ust have to wait until Juiy 1st to see what was going Co happen with the StaLe Code. MOTION by Councilman Bieider to deny the request by Viewcon to use the State Building Code before Suly 1, 1972. Seconded by Councilman Utter, Upon a voice vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl asked Mr. Nordaune if the buildings would be built according to Fridley's code and Mr. Nordaune replied yes. � RECESS: Mayor LieU1 declared a recess at 9;00 P. M. The Pleeting was reconvee�d at 9;10 P. M. CONSIDERATION OE LIQUOR LICENSE APPLICATIONS: Mayar Liebl read a portion of the memarandum from the Gity Maaager dated April 7, 1972, which states that the four applications received are from• Sandee's Cafe, P'ireside Rice Bowl, Fridley Recreation and Service Company- Maple Lanes, and Howard ,Tohnsons Restaurant. The applications have been reviewed by the Finance Director and have been checked out by the Chief of Police. The Council passed a resolution Last year reserving one liquor license for a hotel/motel complex. Ma�o, Liebl said Ordinance �k435 sets forth the guidelines ior issuance of intoxicating liquor licenses and was passed after a referendum vote approved private liquor. Ae called upon the City Attorney to of£er any comments. The City Attorney said that the City has four applicants and there are two liquor licenses that can be issued. There is a procedure set out in the ordinance the Council must follow which requires a public tiearing notice be published which would set forth the name of the applicant to be considered, the location, the nature of the business and other information the Council may wish to include. In view of the fact there are more applicants than licenses available, � he would avggest letting each applicant make a presentation before the Council descrxbing theu business, the premises, the size and seating capacity and what plans they may have for any remodeling or additions, aad any other information they feel would make the Council look favora6ly upon their request. Aiter hearing the statements, a Council decision should be made as to which of these SPECIAL PUBLIC HEARING MEETING OF APRIL 10, 1972 PAGE 10 applicants the Gouncil would desire to hold a public hearing on for granting , the license. That decision would be based partly on the statements made tonight and also on the Council's personal knowledge of the applicant and the place of busLness. The presentation would be the preliminary step toward making the decision on which ones to have the public hearing on and would give each applicant a chance to appear before the Council to make their statement. He added that as he reads the ordinance, the publication for the hearing need only be published once. The Cil-y Manager said there is no particular order ln which the applicants are to be heard, so they wi11 be called upon in the order they appear in the book containing the applications. He said first the Council wi11 hear from Mr. William Weiss. Sandee's Cafe, 6490 Central Avenue N. �., Mr. William Weiss Mr Weiss said he did not know the square foot figures for the restaurant but he was sure he exceeded the 900 squre foot requirement, and he had about 165 seating capacity. �e said lie has been in this business for about 35 years and it has been family owned. Since his father died he and his sister have been running the restaurant. The 1and, building and Pixtures amount to approximately $200,000 in valuation. He said, ii necessary, he would enlarge and improve his property. Mayor Lieb1 said he remodeled not too long ago and asked when that was. Mr. Weiss said in 1967. Mayor Liebl asked if he was thinking of some different kitchen facilities. Mr. Weiss said yes, he had in the back of his mind to add on, as � sometimes it is inadequate for their business. Mayor Liebl said according to Lheir figures, he had 4,085 square feet. He asked Mr. Weiss if he would comply with the ordinance and Mr. Weiss answered yes, The City Manager said Sandee's is now open at noote onLy for special luncheons, and asked iY he would change his hours of opexation, Mr. Weiss said yes, if he felt it would be profitable, Several companies surrounding him have asked him why he was not open for lunch, but with his present operation, he does not feel it would be profitahle. Mayor Liebl asked how much parking capacity he had and Mr. Weiss said he did not know, maybe for 60 cars. The Ciry Attorney asked how much land he had and Mr. Weiss replied two acres, but he only occupies 2/3 of the property and owns some to the south. Tridley Recreatzon and Service Center (Maple Lanes Bowling Center) 6310 Highway 9k65, Donald Savelkoul, Attorney; Mr. Donald Savelkoul said the legal name is Fridley Recreation and Service Company, Uut it is better known as Maple Lanes, This is a Minnesota corporation and has Ueen in business since 1955. The corporation is owned z by William Gottwaldt, President, and 'z by myself as secretary. The other officer in the corporation is his wife and she is Vice-President and Treasurer. There are 32 lanes in the bowling center, and in addition to the bowling area, there is also a restaurant and he has the necessary City, State,and now, County licenses � He has also had a 3.2 beer license and a license to sell set-ups, so this type of business is not fireign to him. He said he has Lived in Fridley since 1949 SPECIAL PUBLIC HEARING MErTING OF APRIL 10, 1972 PAGE 11 � and has been in business since 1955. He said their investment is well in excess of $600,000 in building and fixtures, not including the 1and. He said they have been paying about $20,000 in taxes a year excLusive of al1 the licenses and permits he is required to have. If this is mu7tiplied by 17 years, you get an idea of their contribution to the communyty and the schools. He said they have an immediate short term plan for the restaurant and could add about 3000 square feet. They also have a long term plan for the upstairs which would add an addit�onal 8000 square feet approximately, This could be used as a banquet room for functions that FridLey citizens now have to go out of Pridley for. He sa�d his business has grown as has the City of FrLdley. He said he looks at his competitors, to the south in Hilltop you have Bolero, they have a liquor license, the same is true of Arden Hills and North Minneapolis. He felt he could better compete with his competitors and would be able to saLisfy the demands of the community aad his customers by receiving a liquor license. Mayor Liebl said their information indicates that there would be 2,448 square feet for the restaurant area with a seating capacity of i44. Mr. Savelkoul said yes, the present restaurant is in the southwesL' corner and there is an additional 3000 square feet to the east which could be used for serving food Mayor Liebl asked if they would continue Maple Lanes mainly as a bowling center, or would tlie emphasis be on the restauraat and liquor operation. Mr. Savelkoul said the food would be the important thing, although they are not going to give up the bowling. More and more of the attention would be devoted to tlze food activity and if successful, the second fLoor could be added on for Lhe food business. � Mayor Lieb1 said he helped to draft this ordinance and he wanted it understood that the pr�me business is to be restaurant/liquar. He said he could not really see having three different businesses. The intent ol the ordinance was for a restaurant which serves liquor. If the emphasis is to continue on the bowling center, this is not the interpretat2on of the ordinance as he understood it_ Mr. Savelkoul offered Hafner's in St. Paul as an example. The ma�ority of their business is in food and liquor, but they also operate about a 24 lane bowling alley. Sust because a bowling center is operated, does not mean any neglect of the restaurant operation, �t �ust goes along with it. Mayor Liebl said that if the Council considered this request, there would have to be consideraUle improvement in quality, and there would have to be different kitchen facilities than what is there now, and the ma�or emphasis could not be on bowling. He felt it order to be eligible, there would have L-o be a ma�or investment and the business would liave to cater to the xestaurant operation. Mr. Savelkoul said that they have already invested $614,000 in this business. When he first came to Fridley� it was only a village, and it has grown and their business has grown along with it. When they first started, they had 10 lanes, then 20, and now 32 lanes, and he feLt they had a good track record. He said lf the Council put some faith in them, maybe they could do rt, It would be ridiculous to say that they would immediately put on the second floor and spend $500,000. They have tried to submit a reasonable proposal. Tliey would be spending aa , additional $100,000 to do what they have already proposed The second floor would have to be done over a period of time. He said they would have as big an investment in the CLty of FridLey as anyone when they get done. Mayor Liebl said that when the City sold the two municipal lounges, the Council insisted the buyers had to spend over $1D0,000 apiece to put in the kitchen facilities necessary to meet the criteria, He said rlr Savelkoul mentioned an SPECIAL PUBLIC HEARING MEETING OF APRIL 10, 1972 PAGE 12 investment of $600,000, however, according to the Tax Assessor the value of the present building is $180,000. He said the Council was very strict with the bupers oP Shorewood and the East Rivex Road Lounge and Mr. Savelkoul would have to do some extensive remodeling. The City Attorney said that perhaps he and Mr. Savelkoul should go over the ordinance and his plans. He said he, too, is concerned that unless some change is made, whether he could meet the criteria set out in the ordinance. He said he is not saying it could not be done, only that perhaps he would like to see what he would have to do. There could be a bowling alley in con�unction with a restaurant, but it would have to be a r�staurant principally, with the bowling alley as a supplementary service to the austomers. It could not be a bowling alley with the restaurant as an added service to the bowlers, Perhaps a physical partitzon could be considered. Mr. Savelkoul said he did not see any problem. As with Hafner's, it would be two businesses and would not necessarily have to be integral. His plan in- dicates a complete physical separation. Councilman Breider said that the ordinance requires a 50-50 split between food and liquor, yet with 32 lanes, there would be a lot of people bowling that would only be served liquor and would not eat there. He questioned how long it would be be£ore the 50-50 break-even point would be reached. Mr. Savelkoul said he hoped it would not be too long with the expanded Pood operation. He said they would probahly have to expand into a noon operation and maybe also breakfasts. Howard Johnson Company, 5277 Central Bvenue N.E „ Bruce Burton, Attorney Mr. Burton introduced himself as the attorney representing f3oward Johnson's in the Minneapolis - St. Pau1 area. They feel that the Howard �ohnson establishment could be upgraded and made more profitable by changing inta a Ground Round The most recent conversion in the Midwest was at Har-Mar Mall in Roseville where the Howard Johnson's was converted into a Ground Round. He said they have filed all their plans etc., and he understood that if their liquor license application is approved, they could get their building permit very soon. It has already been approved by the Health Inspector. I£ approved there would be $100,00D additional capital investment 1n the improve- ment of the building. There would be a new roof, remodeling of both the interior and exterior. They would have approximately 5000 square feet and seating capacrty for about 220. Their corporation is a multi-million dollar operatiun wrth 600 liquor licenses in the United States. Each Howard Johnson is oriented toward the local neighborhood, and in each community there is close cooperation with the local officials for the liquor license. This conversion would mean 30 new �obs in the City of Fridley, it would have local management, their manager has been with Howard Sohnson's for 10 years, has had experience, and is the present manager o£ the Ground Round in Roseville. They do not own the land but have a long term land lease. Under the terms of their lease, they can use the parking in the Skywood oarkitig lot as over- flow parking for the restaurant. They £eel this conversion would be a definite benefit to Skywood and would help upgrade that area, and bring new li£e to it. The Ground Round in Roseville has helped upgrade Har-Mar, and is good for the other merchant's businesses. He added a distinctive Peature of the Ground Round is the free peanuts and the shells are thrown on the floor. FIe then introduced Mr. Barry Goughan, Regional Director £or the Ground Round. � � � c, • ) SPECIAL PUBLIC HEARING MEETING OF APRIL 10, 1972 PAGE 13 � N1r. Goughan came forward and presented the Council with some visual aids and copies of the Ground Round menu. Mayox Liebl asked what was their present investment and Mr. Goughan replied $35�,0�0 which does not include any land. He added they are prepared to invest an additional $100,000. Mayor Liebl asked if they would then gain additional seating capacity and Mr. Goughan said yes, the interior would be stripped and the exterior would get a cos- metic �ob. The building would be given an English ef£ect and it would have a soft sell quality as opposed to what it is now. Mayor Liebl asked if they would mostly sexve broiled fooc3 and Mr. Goughan said yes. Mayor Liebl asked if the customex can see the food being prepar�d and Mr_ Goughan said it would not be in the direct vision, but it conld be seen. Mayor Liebl asked what comprises a good kitchen capable of ineeting today's operational standards and the health stanclards and has the appearance to attract customers� Mr. Goughan said he could not pin-point that. He is familzar with the Ground Round kitchens, but is not familiar with the more elaborate kitchens such as a hotel would have. Ground Round specializes in hamburger, hotdogs and £ish dishes. The City Managex asked if they had a drink menu and Mr. Goughan said no, they would serve the customary drinks and they are served either by the mug or by the pitcher. The beer and soft drinks are also served by the mug or pitcher. He added that they would use TifPany glass fixtures, all the accents would be nostalgic, suah as red and white checkered tablecloths, and rough sawn cedar in the dining room. They woulc� also have older ircusic on �he �uke box, and mentaoned Al Jolsen. � The City Manager asked if he meant 30 additional employees. Mr. Goughan said they have about 10 employees now, and they would probably need about 40 i£ they had the liquar operation. Mayor Liebl asked what was the average business value £or the Ground Round and Mr. Goughan replied between $370,000 to $500,000. Mayor Liebl said that it seems this is a specialized business. Mr. Goughan said that their concept is built around a.family fun type restaurant whzch would cater to the local businessman and housewives during the day, young families in the evening and some have entertainment an the evening. On Sundays they have a clown. Mayor Liebl asked what was the most expensive item on the menu and Mr. Goughan said he believed a.t was a steak sandwich for $2.99. Councilman Breider asked if they would only convert to a Ground Round iE they got the liquor license and Mr. Gouyhan said yes. Councilman Mittel- stadt commented that this would seem to be a unique establishment. Fireside Rice Bowl, 7440 Central Avenue N.E., Glenn F. Wong: Mr. Wong said that he would appreciate it if the Council would delay one liquor license until he presented a de£inite plan. He said he has, through discussions with his contractox, xeached the conclusion that a remodeling o£ his old building is not feasible and that it would be better to relocate somewhere in Fridley. He said he would appreciate any guidance the Council could give in regard to a location that would meet with their approval. Mayor Liebl asked how long he had been a restaurant�ur in Fridley_ i�ir. Wong said, together with his father, 17 years. Mayor Liebl said that from their 1 figures, Mx. Wong has a little less than 6000 square feet o£ eating area. Mayox Liebl said that Mr. Wong came be£ore the Council on a previous occasion making a commitment tha't he would remodel for a certain amount o£ m�ney if it was feasible £rom an architectural standpoint. This amounted to about a quarter of a million dollars and the Council indicated they would consider him for a liquor license i£ he would live up to that commitinent, and that he would i`1 ��b SPECIAL PUBLIC HEARING MEETING OF APRIL 10, 1972 PAGE 14 probably be successful in receiving it. Now Mr. Wong is asking for a delay � and wants an opportunity to come in with a new plan. He asked if he would relocate in Fridley and Mr. Wong replied yes. Mayor Liebl asked how many acres he has now and Mr. Wong replied 2.7 acres. He said even if he re- modeled his old building, he would not be proud of it, nor would the City. He would lake to put an a different type of building. Mayor Lieb.t asked if his menu would be both Chinese and American and Mr. Wong said they would specialize in Cantonese £ood, but they would have a complete menu. He said it would be about the same size, 60D0 square feet at least. Mayor Liebl asked how many people he could handle now, and Mr. Wong said about 500 people for something such as a banquet. Councilman Breider asked how he envisioned his new building and Mr. Wong said he would want it to be more elaborate, with more atmosphere. He said Howard Wong's in Bloomington has the atmosphere, he has the food, but he wants the atmosphere too. Councilman Breider asked what time frame ne is working wa.thin for his new plans. Mr. Wong said at this point he has been looking at many sites. When he finds one, he would like a hearing to see if the people would want him to located there, as he had no wish to qo against the people`s will and locate where he is not welcome. It is hard to give an exact timetable, but he will do his best to get it done as soon as possible. He said he wanted to put in a Class A operation. Councilman Breider asked how much he is anticipating spending for his new building and Mr. Wond said $300,000 or more. For the kitchen it would be about $100,000. Councilman Breider asked him i£ he had shelved his plans for his kitchen that were approved by Council not too long ' ago. Mr. Wong said his contractor advised him that it was not a good idea to spend that much money and still end up with an old building. He said he has given him encouragement to relocate. Mayor Liebl said thank you to the four applicants for their presentations and said -that this Council must come to a fair conclusion and proceed as the City Attorney has explained. The Council should consider the additional invest- ments that are proposed and also which businesses would render the most service to the City. There have also been services rendered to the City by some o£ the applicants on a voluntary basis in the past. He said it was very .�m- portant for the Council to be consistent. He would want to see a restaurant atmosphere that would �erve the citizens of Eridley and also attract customers from outside of Fridley. The Council must consider the investment the appli- cants are will�ng to make and whether they will best serve the citizens iz� the years to come. He said he would recommend to the Council that some action be taken to start the screening procedure. The City Attorney said that the Council will have to determine whether they wish to consider one or two licenses and to whom. Then the notice o£ the hearing must be published and all people that wish to be heard £or or against will have a chance to speak. After the hearing the Council would be authorized to issue a license on the business stated in the notice, unless something came up at the hearing that would cause the Council not to grant a license to that individual. Mayor Liebl said that the Council is obligated to insist on the same level of � standards as was done with Shorewood. He asked if the Council could require an applxcant to comply with a request made by the Council in regard to thezr improvements. The City Attorney said that first they must meet the minimum `�q� `l A� SPECIAL PUBLIC HEARING MEETING OF APRSL 10, 1972 PAGE 15 , requirements of the ordinance and if they do not they are not entitled to a license. Second, the Council will have to use discretion to determine �ust which one, or more, would be the most advantageous to the City of Fridley. He said he thought 'the Council could require that an applicant meet standards and would not see anything wrong in applying the same standards used before. The license could be issued sub�ect to certain conditions. The applicant could be told they will be granted a license if they meet the plans and speci- fications submitted. The completion o£ the facila.ties and addrtions or re- modelings could be a prerequisite to getting the license. MOTION Hy Councilman Breider that the Council consider Sandee's Cafe, 6490 Central Avenue N.E., owned by William Weiss and the Fireside R�.ce Bowl, 7440 Central Avenue N.E., owned by Glenn Wong at a public hearing May 8, 1972, with the stipulation that the Fireside Rice Bowl would not receive a la.quor license until the plans and specifications are approved by the Building Standards - Design Control and the Council. Seconded by Councilman Mittelstadt. The City Attorney asked, i£ the Fireside license would be held until such time as the new £acility is £inished and xeacly to be occupied? Councilman Breider said that the land acquisition is under way, and as he envisioned it, the new building should be ready to move into within a year. THE VOTE UPON THE MOTION, being a voice vote, al1 voting aye, Mayor Liebl ' declared the motion carried unanimously. AWARDING CONTRACT FOR SANITARY SEWER, WATER AND STORM SEWER PROJECT #106: (Bids Opened April 3, 1972, 11:30 A.M.) ��� RECEIVING EASEMENT REPORT AND DISCUSSION REGARDING CHANGE ORDER - AND CONSIDERATZON OF RENEWAL OF FShIAL PLAT AND AGREEMENT - BRIARDALE, RICHARD MILLER HOMES: (Time Limit has Expired) (NOTE - Sids listed in Minutes of April 3, 1972) The Engineering Assistant said that all three of these items are interrelated. Project #106 is a water and sewer pro�ect to serve Briardale, with 47 lots within the plat boundaries. The bids were submitted as a base bid with Alternate #1 being for the storm sewer outfall for the Briardale plat. The outfall would take the water from the Briardale plat, aaross Rice Creek Road to the ponds north of lttce Creek Road on property ownec. by Mr. & Mrs. Ted Gonsior. The Alternate #1 could be awaxded with the contract, but it may or may not have to be deleted depending on whether the City can get an easement from Mx. Gonsior, who has to date refused to give the easement. Alternate #2 is for the � transportation of excess dirt to other sites near Arthur and Gasdena where it is needed. There is a letter from Comstock and Davis, Inc., Consulting Engineers, in the Agenda recommenda.ng awarding the bid with both Alternate r�l and #2 to the low ba.dder. �� SPECIAL PUBLIC HEARING MEETING OF APRIL 10� 1972 PAGE 16 The Engineering Assistant continued that the second item .for oonsideration is ' found on Page #lOD. This is a map showing the Ted Gonsior property and the location of the necessary easement for the Briardale outfall. On Pages #l0E and #lOF is a letter from Mr. & Mrs. Ted Gonsior voicing their ob7ection to giving the easement. This letter was written in response to 'the City's request for them to voice their opinions. They feel the City should pur- chase the retention pOnds located on their property i£ we are going to use them. This problem is related to the approval o£ the Briardale plat. One condition in the agreement is that five lots in Briardale are to be used as a temporary sump and the City is to agree to take steps to get the easement for the storm sewer out£all. Mayor Liebl said that this �'ea has a conszderable amount o£ storm sewer problems, and the development has been bogged down in this area because o£ this. The City has, at various times, tried to sell the people on putting in the Full storm sewer system. The Engineering Assistant said that about 1'� years ago there was a rezoning considered for the Gonsior property, but the stoxm sewer problems were too great and the developer abandoned the thought and dzd not purchase the property. Mayor Liebl said that the people were very aroused at that time and did not feel they could afford a stornt sewer assessment. They £elt that a developer could work around the problems and the development could proceed slowly, If the plat is accepted, it would be a step in the right direction. The �ngineering Assistant said that the plat was approved about a year ago with � the stipulation that the developer would sign an agreement. He was to agree to escrow $800 per lot for the storm sewer and provide 5 lots in the plat for retention until a more permanent outfall could be arrangecl. Mr. Miller and his attorney have made two changes to the agreement. One is that the City is to take unmediate steps to negotiate or condemn for the outfall, and the other is not to escrow the $800 per lot for each permit, but to show it as a pencling assessment if anyone asks £or an assessment search. Mayor Liebl asked if in the original agreement, the assessment would be included in the price of the home and the Engineering Assistant said yes, because the developer would have paid it. The City Attorney said that he had met with Mr. Miller and his attorney and he thought it was resolved. The suggestion Por change is in Item #3 in the agree- ment, to remove the word :immediately"and Znsert "timely". This would give the City more time to come up with a more permanent solution to the storm sewer problem than storing the water inthe 5 lots a.n the Briardale plat. The developer could proceed wzth the development of his plat, and the City could, within a reasonable amount of time, attempt to provide the permanent solution. Until that time the water would be temporarily stored wa.thin the plat. The solution may be to acquire the drainage basin with an out£all when it becomes too full. The City would then have to determine what amount of property would have to be acquired for this purpose, and that would depend upon what type of system is to be developed. He suggested a decision should be not later than 1973, so the necessary easement could be obtained and the system at least started. � The City Attorney continued, as to Item #4 in the agreement, assuming the Council will award Pro7ect #106, the suggestion is that the $6.77 £igure (based on the perliminary assessment roll) be adopted as a preluninary figure and a pending assessment, or an ad7usted figure using the bid prices, Generally the cost �( SPECIAL PUBLIC HEARTNG MEETING OF APRIL 10, 1972 PAGE 17 , would be less than �hat after -the pro�ect is completed. If this is adopted as a pending assessment, then when the £inal cost is known, the difference between the final £igure and the $8.D0 per 100 square £eet is to be escrowed by the builder at the time the house is ready £or occupancy or when the water meter is installed in the house. Mayor Liebl said Project #106 would be a preliminary step, and not a final solution and asked if it would still fit in when the total syst�m is com- pleted and the Engineering Assistant replied yes, it would take the water from the Briardale plat and from some of the surrounding areas and retain it in the ponds on Gonsior's property. Mayor Liebl said it would not be fair to the Gonsiors' to use their land for ponding withouY. reimbursement. He would like to see the easement negotiated. He asked how much water can be stored without endangering anyone? He said he would like some assurance when it is anticipated that the ponding area can be drained and the property would be developed. This, he thought, would depend upon the City getting Federal funds. The Enqineering Assistant said that the Engineering Staff can engineer the pro7ect, and does have preliminary plans drawn, but that doesn't get the pipe in the ground. There was at least one attempt to get Federal £unds, but Fridley received a negative answer. He understood the Federal government had money available at the time they applied, but were not granting it to be used for storm sewer pro�ects. In answer to Mayor Liebl's question, the Gonsior ponds are probably about 15 acres, and he did not believe Pro7ect #106 could af£ord � to buy 15 acres o£ property. The ponds could be made deeper and smaller in size. It is possible that a developer could come in with a plan using ponds within his pro7ect. Mayor Liebl asked if the ponds were dee�ened, how much of the Gonsior land could be saved? The Enga.neering Assistant said that the City of Fridley has xesurfaced streets, which causes more run-off, and so has New Brighton, and their water is directed toward these same ponds. The water as not only from Project #106, that is only a small portion of the total water in the ponds. He saa.d it seems that to the Gonsiors', this is the "straw that broke the camel's back". Mayor Liebl said that as to a stoxm sewer assessment, some people would have had to pay a$3,000 -$4,000 assessment. He asked if the City could condemn and the City Attorney said yes, but he would agree that it would not be £air, and probably not leqal to run a pa.pe on someone's property without compensation. There should either be a temporary or permanent arrangement for the storage of water on Gonsior's property ancl the outfall should not be opened up until that is taken care of, either by negotiation or condemnation. This should be ea.ther this summer or next siuncner with the temporary holding pond in Briardale, and beyond that, would not be fair to Mr. Miller. He said he had a client in his oPfice interested in the Gonsior property interested in rezoning and he would be willing to dedicate a poxtion of the pxopexty £or the storage of the +dater, but obviously it could not be a pond as large as it is now. He said he thought the Engineering Staf£ should look into making the pond deeper and reducing the size. This is what a developer would want to know. IP at some future time someone comes in with a proposal to develop the property, it , could be made a condition on the permit that the City would require an ease- ment £or the storm sewer line and some sump storage Mayor Liebl questiQned whether it would be feasible to buy the Gonsior pro- perty, then when a.t is dry, a.t could be resold and the Crty would get rts money back? The City Attorney said yes, but the next question of course, r: � ��v SPECTAL PUBLIC HEARING MEETING OF APRIL 10, 1972 PAGE 18 is where is the money to come from? It could not come .from Pro,7ect #106 ' because there would have to be some intermediate way to get the money until the whole storm sewer system is assessed. The F'inance Director said this has been done on some small pro7ects. For instance, there is a crossing under Central Avenue that was put in then it became part of a future project. 2£ it is not a tremendous sum, there is a revolving fund, then the amount could be assigned when the pro�ect goes in. MOTION by Councilman Mittelstadt to receive the coc[¢nunication £rom Mr. & Mrs. Ted Gonsior, 1601 Rice Creek Road dated March 2H, 1972. Seconded by Councilman Utte�. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl said he was concerned about the size of the pipe, and said there is a very steep hill. Nlr. Paul Vanderlinde said the outfall pipe would be 36" and would take care of the entire area south of Rice Creek Road. Mayor Liebl asked if the size of the pipe was based on the average run-o££ and Mr. Vanderlinde replied pes. Mayor Liebl asked that the City Attorney and the Engineering Depar�ent work on acquiring the easement. The Engineering Assistant said that so Par they have not been successful, they have 60 days to work it out, and if they cannot do it, it will have to be deleted from the pro�ect, and rescheduled for 1973. Mayor Liebl asked if the Engineering Department concurs in the recommendation found on Page lOG from Comstock and Davis. The Engineering Assistant ex- plained fhis would be changing the direction of the flow £or the sanitary � sewer line from connecting onto the line in Central, to connecting onto the line in Ben�amin. This was brought about by a change in the Heather Hills plat by Mike O'Bannon which has been approved by the Planning Commission. They would utilize a cul-de-sac rather than run their road out to Central Avenue. This line going toward Ben�amin would have to be deepened and would work by gravity and would add a cost of approximately $750. h4ayor Liebl said he had gone up to Heather Hills and he was concerned that �the force o£ the water would damage the streets. The Engineering Assistant explained that the catch basins were sandbagged during the construction to prevent the construction material £rom gettinq into the storm sewer lines. Mr. 0'Bannon added that the system is working fine now. The Engineering Assistant said that both Mr. O'Bannon and the church to the west have agreed on Mr. O'Bannon's ylat as now proposed with the cul-de-sacs. If the Council agrees with this small change, a change order could be brought back after the May Sth Meeting when the public hearing is scheduled far the plat. MOTION by Councilman Utter to concur with the recommendation of the Consulting Engineers, Comstock & Davis, Inc. dated April 6, 1972, changing the direction of the flow for the sanitary sewer line. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. Mayor Liebl asked the Council if they agreed with rewriting the agreement � as proposed by the City Attorney. The City Attorney said he would work with Mr. Miller's attorney and the plat can be approved contingent upon their signing the agreement. Councilman Utter asked why he speci£ied at the time � �j SPECIAL PUBLIC HEARING MEETING OF APRIL 10, 1972 PAGE 19 ' the water meter is installed rather than when the building permit is taken out_ The City Attorney said that then the aontractor would have to £inance this out of his pocket, but when the meter is installed, the mortgage has been completed and the contractor has been paid. This will help the contractor by not having to come up with so much cash and the City will be protected. MOTION by Councilman Mittelstadt to approve the agreement founcl on Pages #lOH and #l0I changing the word "immediate" to "timely" in paragraph #3, and hold open paragraph #4 until it can 6e rewritten by the Ca.ty Attorney along the lines he has mentioned. Seaonded by Councilman Utter. Upon a voice vote, al1 voting aye, Mayor Liebl declared the motion carried unana.mously. MOTION by Councilman Mittelstadt to award the contract for Sanitary Sewer, Water and Storm Sewer Improvement Pro�ect #106 to the low bidder, Austin P. Keller Construction Company, 481 Front Street, St. Paul, in the amount o£ $87,559.29 plus Alternate #1 in frie amount of $9,329.00 and Alternate #2 in the amount of $4,000, with the work to commence on or be£ore May 15, 1972 and completed within 90 days. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. REPORT BY CITY MANAGER ON RECRUTTMENT FOR THE POSITION OF ASSISTANT CITY MAIQAGER/PUBLIC 5AFETY DIRECTOR: The City Manager saa.d that on February 14, 1972 the Council approved a re- ' organizatzon plan for the Police Department which included a new posrtion of AssiStant City Manager/PUblic Sa£ety Director. He reported he and Councilman Breider have been screening a number o£ candidates for this position and they have had a number o£ intexviews. They now feel they have the field narrowed down to one candidate, and he has submitted the memosandum dated Apra.l lOth as a progress report. He said at this point his recommendation is to further znvestigate this applicant by visita.ng h�.m in Virginia and checking fur�her on his re£erences and his present employment A£ter this is done, providing he still meets all the qualifications and checks out favorably, he would be zn a position to recommend that he be appointed to the position. He said he should be able to have tha.s information in one week and ready to make his recommendation next week. Mayor Liebl asked Councilman Breider if he con- curred in the City Manager's recommendation and Councilman Breider replied he did. MOTION by Councilman Breider to authorize the City Manager travelling to Alexandria, Virginza to discuss contract terms with Mr. James Hill. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carra.ed unanimously. COMMUNICATIONS. WILLIAM HOFFMANI�3. ANIN.iAL CONTROL MEASURES: MOTI�JN by Councilman BYeider to receive the communication from Mr. William ' C. Hof£mann dated April 5, 1972. Seconded by Councilman Mittelstadt Councilman Mittelstadt said he has received several calls about dogs running loose in the City of Fridley and has talked to the City Manager about th�.s. �� SPECIAL PUBLIC HEARSNG MEETING OF APRIL 10, 1972 PAGE 20 The ordinance states the dogs must be leashed or retained on private property The newsletter the City will be sending out will reestablish this £act. If the City does not get some action as the result o£ the newsletter, perhaps a more forceful tactic will have to be taken. It seems that evexyone that loves their dog £eels that everyone else should too and he did not buy this. Everyone must obey the law, and that law states that the dogs must be on a leash or on the owners private property. THE VOTE UPON THE MOTION, being a voice vote, all voting aye, Mayor Liebl declared the motion carried unan�n'tously. ADSOUR[QMENT • There being no £urther business, Mayor Liebl declared the Special Public Hearing Meeting of Apri1 10, 1972 ad7ourned at 11:30 P.M. R/esp� �ctfully submitted, !� y,lGlT `�' �L%r.""c.'�.'Ci Juel A. Mercer Secretary to the City Counail ��� . � � Frank G. Liebl Mayor ' LI ,