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06/12/1972 - 00017369�>i � � ) � THE MINUTES OF THE SPECIAL PUBLIC HEARING NIEETING OF JUNE 12, 1972 The Special PuHlic Hearing Meeting oP the Fridley City Council of the City of Fridley was convened at 7-35 P.M., .7une 12, 1972. PLEDGE OF .ALLEGIANCE: Mayor Liebl led the Council and the audience in saying the Pledge of Allegiance to the Flag. ROLL CALL MEMBERS PRESENT: Liebl, Utter, Mittelstadt, Breider MEMBERS ABSENT None ADOPTION OF AGENDA: MOTION by Councilman Mittelstadt to adopt the Agenda as submitted. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. SLIDE SHOW PRESENTATION BY LEAGUE OF WOMEN VOTERS -"TALE OF TWO CREEKS"- � The slide show was narrated by Mrs. Wilbur Whitmore, and showed the destruction of Sattle Creek as compared to Rice Creek which has been relatively untouched. The emphasis is upon preserving Rice Creek and not allowing it to become the eyesore Battle Creek has become. Mayor Liebl thanked tl�e League £or pointing out the problems so graphically and said that he hoped that measures would be found to prevent this erosion. Mrs. Whitmore said that the signs cannot be ignored especa.ally since Fridley is the downstream community. She then showed a map of the watershed district on the easel. PUBLIC HEARING ON REZONING REQUEST ZOA #72-04, LEIGH INVESTMENT, INC., TO REZONE FROM R-1 (5INGLE FAMILY DWELLINGS) TO CR-1 (GENERAL OFFICE AND LIMITED BUSINESS) 63RD WAY AND EAST RIVER ROAD: MR. JOHN DOYLE � RECEIVING PETITION #7-1972 AGAI�i5T THE REZOt7ING: m RECENING PETITION #6-1972 FOR THE REZONING. The City Manager read the pul�lic hearing notice at the request o£ Mayor Liebl and the City Engineer showed the location on the overhead pro7ector. 1 MOTION by Councilman Mittelstadt to receive Petition #7-1972 against the rezoning. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. � '.: . SPECIAL PUBLIC HEARING MEETING OF JUNE 12� 1972 PAGE 2 MOTION by Councilman Mittelstadt to receive Petitlon #6-1972 in Pavor of the ' rezoning. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanunously. Mayor Liebl informed the audience that the Council would allot 30 minutes for this hearing as there are many other items on the agenda and other people would like to be heard. He then asked Mr. John Doyle to make a presentation. Mr. Doyle came forward and placed a sketch of the existing dwelling on the easel and said that he has presented his plans to the Council previously, but he would again for the benefit o£ the residents from the area. This is at the intersection of 63rd Way and East River Road and he plans on remodeling the existing building to make it look like a chalet type of building and adding a£oyer, with the building to be used £or a small real estate of£ice. He then showed a sketch of what he was proposing. He said he also plans on adding a 10 car_parking lot, which should be more than adequate to cover the needs of this of£ice. He said he would not be disturbing any green areas or the privacy hedges and there would not be access off East River Road, but the access would be from 63rd Yday. He is not proposing to do anything dif£erent than what many other agencies have done, such as D.C. Bell and Mr. DeGardner's o£fice on about 80th and East River Road. He is not intending to disrupt the neighborhood and he is certainly not intending to build a£actory and he does not want to put in multiple dwelling un�ts. He said it was not his desire to build single family homes in this area, he simply wants to put in his office and carry out his business, whether by rezoning or special use permit, he did not care. He felt that in no way would this be a � detriment to the neighborhood and as a property owner, he had the right to ask for Council consideration on his request. He had occasion to sit in on a Council meeting in another city and a similar instance came up. The proposal was for rezoning and there was a lot of neighborhood ob�ection. Their City Attorney toog great care to explain to the Council and the audience that it is the constitutional right o£ a property o�rner to come an and ask for a rezoning or special use permit and unless that rezoning does have a detrimental effect on someone else in the area, that it should be given very serious considezation. This proposal lends rtself to being used as a bu£fer zone, and would not be making a drastic change. There are areas zoned for duplexes close by, and light industrial only ': block away on the tracks. I£ at any �uture t.une he should have to sell the property, Por anyone else to use it for anything othex than what it would be zoned for, would require another hearing. The CR-1 zoning category is a very restrictive zoning. He said he also understood that i£ he was to change the use of the existing property, he would again have to come be£ore the Council. CR-1 is a zoning only conducive to real estate of£ices, doctor's o£fices or something of that nature. Mayor Liebl asked his estimated investment and Mr. Doyle said that he thought the house would need new siding, and with the addition o£ the £oyer and the glass, plus the parking lot and driveway, he thought in the range of $8,000 to $10,000. Mayor Liebl asked if Mr. Doyle is the owner of the six 40 foot lots and Mr. Doyle replied yes. Mayor Liebl asked, i£ the Council did not grant the CR-1 zoning � change, what would his interests by in the property then? Mr. Doyle answered that if the zoning was le£t as it is, there would be a couple of choices left open to them, none of them what he felt would be satisiactory. The first would be to rent the house out, but he da.d not feel that would be acceptable. The next choice would be to either purchase the house there now or tear it down and build _ _ _ _ _ _ _ _ _ _ _ -� � � � � SPECI.AL PUBLIC HEARING MEETING OF JUNE 12, 1972 PAGE 3 , new houses. This property is bounded on one side by East River Road and on the other by railroad tracks and he did not think the ma�ority of home buyers would want to buy a$30,D00 -$40,000 home in this area. This would mean that the house built would have to be in the lower $20,000 range. Mayor Liebl said that the suburbs are required by the Metropolitan Council to re-evaluate their comprehensive plans and the Council has instructed the Planning Commission to come up with a plan for Fridley. He asked how long this real estate office would be at this location, and what if the people desired another rezoning, such as industrial, would Mr. Doyle oppose this or work with the people and the Council? Mr. Doyle said he would work with the people in the area, and added that he is trying to now. Mayor Liebl asked if Mr. Doyle would be selling the lots in A1 Rose Addition. Mr. Doyle said he would like to, but when he bought this lot, he did not know they were there. He said he chose this pro- perty because of its proximity to East River Road, among other things. Mayor Liebl then asked £or comments £rom the audience in Pavor o£ this rezoning. Mr. John Mickman said that he lives next door to where Mr. Doyle conducts his present busa.ness, and there is no disadvantage in living next door to him. He is a good neighbor and there is not a_lot of traffic going in and out. I£ he were to put in 10 parking spaces, that should more than take care of what he wants to work into in the £uture. He said he was in Pavor of the rezoning. Mr. A.C. Mattson, 6320 R�.verview Terrace, said that he had lived behind Holly � Shopping Center be.fore it was built, and if he and all his nea.ghbors had banded together to oppose the center, it would not have been built and would not be available to service the community. Nobody would want to live on �ast River Road, the land there is only good for 235 homes, especially with industrial zona.ng only '� block away. That kind of housing £alls into a state of disrepair quickly. This man is trying to make the area useable, and in his opa.nion, it was a good use. There are double bungalows across the street, so there is al- ready traffic. He said he is selling the lots in A1 Rose Addition through Mr. DeGardner's firm, so Mr. Doyle is actually a competitor, but this type of service is needed in Fridley to make it grow. Under this proposal, there would be no children, but if there were 235 homes, there would probably be children and there would be more chance of children being killed on East River Road. He said he has nothing to do with Mr. Doyle, but he had asked him to speak because he works out oP Mr. DeGardner's office on 80th and East R1.ver Road. That house and the grounds are kept in very nice condition. Mr. 01e B�erkesett, 100 63�, Way N.E., said he lived in this area and a man came around with a petrtion and talked o£ "smoke stacks and warehouses". He said he thought the people have been misin£ormed. 'rhe question here is }low many are for or against within the 300 £eet that is stipulated. With the many names on the petition, there had to be people that are not close enough to be involved one way or the other. There are only about 60 homes in this area. He said his con- tact with his neighbors indicated they were in iavor o£ the proposal. ' Mayor Liebl said that the Council will now listen to those that wish to speak in opposition. LJ� Y s.+ � 1 } SPECIAL PUBLIC HEARING MEETING OF SUNE 12, 1972 PAGE 4 Mr. Paul Kumhera, 132 63': Way N.E., said that he had helped circulate the petition, ' including a visit to the man who last spoke. He said he had done his best to make himself clear and in some cases made two visits. He said he did not remember talking abQUt any "factories" and tried his best to give the true situation. He said his point was that i£ this was allowed in the middle of residential zoning, it would have to be allowed up and down the street and would end up being a commercial area. He asked Mr. Doyle, i£ someone on his block wanted something like this, would he be opposed to it? He asked why is a radius of only 300 feet considered; further away people would also be a£fected. He £elt that the people on River Edge Way would be af£ected and they are concerned that it would lower their property values. He said he was across East River Road £rom this site, but he could see it, and he felt it would increase trafPic, which is already bad. He said he did not understand why Mr. Doyle did not go into a commercial area, he would be glad to have a commercial enterprise come into Fridley, but not in an area zoned for residences. Mayor Liebl said that as to the concern about tra£fic problems, under the present zoning a person could put in three homes and what would that do to the tra££ic situation? Also, under the present zoning, 235 homes could go in and the Council could not stop them. He asked Mr. Kumhera if he would rather have low income housing come in? Mr. Kumhera said he could not speak for anyone else, but he would rather have the land stay R-1 because tlzen it would not be setting a pre- cident. He said he was not £amiliar with the 235 program. He adcled that he knew of a gentleman who owned a$25,000 home and wanted to move it onto a lot he owned on Locke Lake, but he could not because the homes there are in the $50,000 � range. If the City has that power, why can't they control the low income housing? Mayor Liebl said that many of the citizens had asked the City Council to stop Vern Donnay from putting in the 235 homes, but the Council does not have that legal right. The residents did not want this type of construction, but it was zoned properly. Mr. ➢oyle could do this also, then the residents would be saddled with 10 times more problems. Ae said he was not an advocate oE spot zoning,but he must evaluate what is in the best interests of the community. He must also question how much tax money the City will receive, then how much would have to go back out in maintenance and service wsts. It is entirely possible that if there were three 235 homes built, there could be up to 20 children. This area cannot stay as it is now, and the Council must look at this request from all angles, but they certainly did not want any more traffic on East River Road either. Mr. Kumhera said that he �ust did not want the whole area turned into a commercial area. Mr. Doyle said he was asked how would he like rt if someone came into the block where he lived and asked for this. He said he has three businesses in his immediate neighborhood (not in Fridley), one is the next thing to a general merchandise sale; it is a continuous sale out o£ a garage, Ae said he does not ob�ect and neither do his neighbors. He said neither would he be opposed to rezoning to commercial. He added there are already businesses working out of homes in Fridley now. N1r. Ed Ellis, 70 63rd Way N.E., said that he did not ob�ect to the real estate , o£fice, but Mr. Doyle has said that he could not use the property under a special use permit, that he needs the rezoning. He did not think anyone would want commercial coming into a neighUorhood where people have been paying their t�es on their homes for their whole life. This could not help but degradethe pro- perty; 235's could not be worse. He said, in his opinion,he did not think the people are ob7ecting to the real estate of£ice, only the rezoning. ,� � � ,� SPECIAL PUBLIC HEARING MEETING OF SUNE 12, 1972 pAGE 5 ' NLr. Gerald Gerber, 6275 East River Road, said he lives across the street and he is opposed to the rezoning. Mxs. Gerbes said that Mr. Doyle mentioned Mr. DeGardner's office, however, he lives in that home. She said she would have no objection to the real estate office but she would ob�ecL- to the rezoning. As far as chldren on the east side of East River Road are concerned, on that side of the street they are bused• She said they have a nice quiet neighborhood, granted there is a.ndustrial property along the tracks, but she has lived in her home 23 - 24 years and it has been zoned industrial si.n.ce she moved in. They knew it was then and took their chances. She said she £eels she is being threatened that she will have to accept the real estate office or have low in- come housing and she resents it. Councilman Breider said he got the £eeling from the Planning Commission Minutes and again tonight that the people are concerned al�out the rezoning, hut not the office. Mr. Elliot said yes, they are concerned about a checkerboard type of zoning startirig in their area. Councilman Breider said that when the improvement of East River Road was discussed, there was some thought to chanying the zoning along East Ra.ver Road, and that maybe the people would want to in�.tiate some action, however, the City will not staxt it, it will have to be petitioned for by the property owners. A member of the audience asked who could qualify for a 235 loan. Councilman Brea.der said the situation is such that a builder can apply for H.F. 235 funding £rom the HUD offices and can come into Fridley and build a home meeting the � minimum Code requirements provided the zoning is proper. Mr. R. Humann, 40 62� Way 1V.E., said he was against the rezoning and asked Por a show of hands. Mayor Liebl asked how many opposed the rezoning, wzth approxi- mately 12 hands ra�sed. He then asked how many were for the rezoninq with 3 hands raised. He then asked how many were �or the real estate of£ice without the rezoning with about 15 hands raised. Mayor Liebl in£ormed the audience that the Council does not take action at the public heasing meetinq, but that this item would be on the Agenda June 19, 1972. He then thanked the people £or coming and e7cpressing their opinions. MOTION by Councilman Ma.ttelstadt to close the public hearing on the rezoning request ZOA #%2-04 by Leigh Investment, Inc. Seconded by Councilman Utter. Upon a voice vote, a71 ayes, Mayor Liebl declared the motion carried unanunously and the hearing closed at 8:40 P,M. PUBLIC HEARING ON SHOREWOOD PLAZA FINAL PLAT P.S #,69-12 BY MAX SALITERMAN: MOTION by Councilman Mittelstadt to waive the reading of the publa.c hearing notice. Seconded by Councilman Utter. Upon a voa.ce vote, all ayes, Mayor Liebl declared the motion carried unaniznously. Mayor Liebl asked if Mr. Saliterman and the Crty have agreed to the 5 stipulations outlined in his letter dated May S, 1972, and Mr. Wyman Smith, Attorney £or Mr. � Saliterman, replied yes, he had met with the Crty Staf£ on behalf of Mr. Saliterman on the items listed in his letter. The preliminary plat was presented to the Council a number of years ago and has been pending since then. Since there has been an understanding reached, the final plat can be prepared. Suburban Engineering is working with Mr. Salitexman on the details of the plat such as the utilities, which still have to be drawn in. There is a drainage easement \ 41 �i � ��n i 7 SPECIAL PUBLIC HEARING NIEETING OF JUNE 12, 1972 PAGE 6 held by the City of Fridley and he would agree with the City Attorney, that ' the Charter requires the City to vacate this land by ordinance and convey rt back to N1r. Saliterman who will an turn provide a storm sewer easement in his plat. His understanding was that even though the deed is restricted to storm sewer use, it would have to be vacated by ordinance. There are a number of utility lines serving Shorewood that have not been properly identi£ied. The description is very long and one of the £ruits of the plat would be to eliminate the metes and bounds description, and the description would be a simple one with lots and blocks. The Acting City Attorney said he did not anticipate any problems with the utility easements, so the ordinance for the vacation could be prepared. Councilman Utter said �there have been complaints about the area and he noticed in the agreement there is a provision for the clean-up o£ the property. He noticed that the stumps have been removed. It seems there has been a lot of fill removed and he wondered what Mr. Saliterman was going to do about the steep banks. Mr. Smith said that they were going to be coming in with plans for a proposed building �vexy soon. The plans are being drawn by the architect now. The plans are to expand the Sears building to the east. For that reason the east side of the building was not bricked. The north side of the Country Club block of buildings will be painted and cleaned. He understood the stumps and trees have been removed and when the equipment is brought in for the groundwork £or the new building, the rest of the levelling etc, will be taken care of. Mr. Henry Peterson, 6312 Pierce Street N.E., said he has lived in this area 15 , years. At one time the Frostop Drive-In wanted to go into 5horewood, but the residents ob�ected and they located on Osborne Road. He said he would like to know what was planned to go into this shopping center. Mayor Liebl explained that the plat is only being considered at this time. It is a commercial area, but plans have not been submitted as yet. Mr. Peterson said he did not want any drive-zns. Mayor Liebl sa.zd he did not believe Mr. 5aliterman would use such valuable land for such an endeavor. MOTION by Councilman Mittelstadt to receive the wmmunication from Mr. iayman Smith dated May 8, 1972 and approve the five stipulations as conditions £or approval of the Pinal plat. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motian carried unanimously. MOTION by Councilman Utter to close the public hearing on the preliminary plat P.S. #69-12 by Max Saliterman. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously and the hearing closed at 5:50 P.M. INFORMAL HEARING ON SPECIAL USE PERMIT SP #72-07, BY REYNOL➢ E. SWANSON, TO OPERATE A MOBILE HOME SALES LOT AT 7151 T.H. $k65_ Mr. Reynold Swanson said he was asking the Council consideration £or renewal of a special use permzt that has been exzsting on this property since 1969. He has submitted a plot plan with some changes they would like to make, which shows how the homes would sit on the 1ot. He said he presently works for Castle � Mobile Homes. Castle has expanded greatly and he hoped that in running this business, he could exyand also. I3e said he has been brought up in the City of Fridley. The permit that exists on the property for Castle expires Suly Sth. �)��t rd eJ G� SPECIAL PUBLIC HEARING MEETING OF JUNE 12� 1972 PAGE 7 , Mayor Liebl said this is actually not the correct procedure, the request should have gone to the Planning Commission £a.rst. The City has had a little trouble with Castle and there was some dif£iculty in en£orcing what was to be done. He added that he hoped Castle Mobile Homes would do what they have promised at their new location. Fridley has two trailer courts which are very nice areas o� the City. Mr. Don Harstad owns this lot, and the permit would be considered in the nature oP a temporary permit for the use of the land. There are some people in the City of Fridley that are opposed to having too many mobile home sales lots, but he realized that all people cannot afford to buy an expensive home. Councilman Mittelstadt said that when th�.s special use permit was granted in 1969, the request went be£ore the subrommrttees and there were stipulations imposed. MOTION by Councilman Mittelstadt to instruct that these stipulations that were imposed an Castle Mobile Homes be sent back to the Planrung Commission for them to review to see if they were followed, and if not, why not. They are also requested to review their plot plan, and to place this item on thea.r next Agenda. He would also mwe to extend the special use permit until the Planning Commission foswards their recommendation and Council action is taken, due to the fact that their permit expires July 8, 1972 and the first Council Meeting in July is the lOth. Seconded by Councilman Breider. � Councilman Utter said that this lot has been used Por mobile home sales, the property belongs to Mr. Harstad, but as long as he does not have immediate plans £or expansion, the property might as well be put to use. Mr. Harstad said that in defense of Castle Mobile Homes, they could not use the full width of the 1ot because of loading docks 7ust to the north, they had to make some ad7ustments in the placement of their trailers. If they were guilty of anything, it was �ust because they did too much business of£ that lot He said he would like to see an extension of the permit, and added that at present he is building an industrial building on Beech Street and he has his hands full with that so he would like the lot to be used £or this puxpose. Councilman Breider said that when Castle relocated, there was some discussion that this was very valuable land, but there was no immediate use, so the Council allowed Castle to go in. This same is true with their old lot next to Harstad's, but as to Mr. Swanson's comments about expanding in the future, he would have to say that personally, he is not prone to allowing trailer sales on commercial property. His reason is mainly because of the tax structure, they cannot be taxed on a permanent structure basis. Ae said he would be agreeable to an extension of the special use perma.t but he wanted it understood that when that time lapses, that would be the last time he would be agreeable to an extension. THE VOTE UPON THC MOTIQN, being a voice vote, all votzng aye, Mayor Liebl declared the motion carried unanimously. I.ICENSES: ' TYPe of License Cigarette By Canterbury Inne 6481 Universrty Avenue Dean Gruye Approved By Police Fee $12.00 �r��t SPECIAL PUBLIC HEARING MEETING OE JUNE 12, 1972 LICENSES CONTINUED: Type of License Tavern On Sale Beer sy Canterbury Inne 6481 Universrty Ave. Dean Gruye Canterbury Inne 6481 University Ave Approved Hy Health Insp Police Health Insp Police Fee $12.00 $120.00 PAGE 8 MOTION by Councilman Breider to approve the licenses as subuutted. 5econded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. REPORT OF THE ISI,AND OF PEACE COMMITTEE: Mr. Elmer Olson, Chairman o£ the Island o£ Peace Committee, said that April 7th the Council authorized the £ormation of the Comnattee to look into the three islands. On April 13, 1972 there taas a meeting with the State of Minnesota Planning Agency to cltscuss funding of the project using LAWCON £unds. Also discussed was the construction of the pro�ect. He suggested the discussion tonight be broken down into four phases with the first phase removing the vegetation and building trails, docks, roadways, and the parking lot. On this phase the Committee has been working wrth the Seabees and he asked Commander Lind to speak on this phase. Corc¢nander Jim Lind, U.S. Naval Seal�ees, said that on various weekends they go out onto certain pro7ects as good wxll missions, such as the YMCA, the Girl Scouts, Campfire Girls, Camp New Hope and Camp Omega. There are 62 of£icers in the unit and they use these good will projects for training pxo�ec'ts during the summer. He saa.d they have an added interest in this pro7ect because the disabled veterans could have been any one of them. He said they only required a letter o£ no ob7ection and a letter o£ no liability. He said their own personnel are covered with their insurance. Their unit is very interested in participating and they can go onto the same pro,7ect two times in one fiscal year, so they £eel they could do the work on the weekends without much difficulty. N1r. Olson then introduced Mr. Bill Hopk�.ns ot the Minnesota Society of the Blind, who said they feel this is a very unique pro�ect calling for a di,fferent type of facilities. He said he had helped with the development of Camp Courage and he has talked to a lot of people about this pro�ect; Island of Peace. There are a lot of possibilities to work with such as providing a hard sur£ace from the trail into each picnic area so that people in wheelchairs could get into the picnic areas. Also to be provided would be a rope guide rail to assist the blind.people. The docks would have to be like any other except that they would have to have rails to keep the wheelchaa.r patients from going over into the water. I I L� � Mr. Elmer Olson said that the concept of keeping the island in as natural a ' state as possible has been kept in mind throughout the discussions and everyone is unanimous on that idea. The second phase is consideration of sanitation facilities. For the use of the island, sanitation £acilities must be provided and in this case Fridley is most £ortunate in that Chase Island is actually a peninsula. He then introduced Mr. Dave Ridler o£ Ridler & Mooney, Inc., � � , �� �> ..r. � SPECIAL PUBLSC HEARSNG MEETING OF JUNE 12, 1972 PAGE 9 Plumbing Contractors, who have helped them so far a.n estimat�.ng the cost. N1r. Ridler said that in his opinion the sanitation facilities would be no problem. The access would be put in to Chase Island, then it would only be a matter o£ putting in a standard li£t station and pumping up to Anna Avenue. Councilman Mittelstadt asked what about facilities for the other islands and Ms. Ridler said there would be none on the other two islands. Ms. Olson said the third phase to consider is the shelter building, which also has many unique Peatures. He then introduced Mr. Foster Dunwiddie o£ Dunwiddie, Miller Architects, 3nc. Nlr. Dunwiddie came forward and put a sketch of what is proposed far the shelter building on the easel. He said Chase Island breaks down into two areas; the higher portion is to the north and tha.s is where they propose to put the buildtng On the lower southerly portion they propose to have the picnic areas and nature trails. He showed some preliminary plans and said it would be a simple building with a shelter area on the north side and a more enclosed area on the south side with the toilet facilities, offa.ces and storage areas in the center. Part of the shelter building would have overhead doors that could be closed down i.f wished The glazed area would be all plexi-glass. When Bill Hopkins asked him to work on this pro7ect last March, he said he was happy to do it. He said he has done a great deal of work with the handicapped and their organizations and also the part of the State Building Code which deals with the facilities for the handi- capped. Mr. Olson said the fourth phase deals with maintenance, security and operation. He said he understood throughthe Committee working with the State of Minnesota, that there are .funds available £or this purpose from the Forestry Service. Before they make any commitment, they would like to meet with the Crty Council and the City Manager, however. Counca.lman Mittelstadt asked Commander Lind when his unit could begin work. Commander Lind replied maybe in October, more likely next spring. Councilman Mittelstadt asked Mr. Olson iP they had a taxget date and Mr. Olson replied they have had many, however, it seems that there are many procedures to go through which all take time. He said what he would like specifically from the Council tonight is to direct the Administration to start application for LAWCON funds. Councilman Breider said that in the past discussions he had menta.oned the fact that to apply for LAWCON funds, the City would have to prove it had the remaining 25�. Under the provisions of the LAWCON grant section, if a grant is approved there are 18 months in which to exercise the grant. Mr. Olson said that State and Federal funds will be used for 75� of the cost and the other 25% will be the responsiba.lity of the Cammittee. He said the Committee has been working on the phrasing of the brochure for collection of funds and they hope to collect the funds principally £rom the veterans and sensice organizations. He thought the brochure would be ready to go out in 30 days Because of their rules and regu- lations this proposal has to go through their executive sta£f at the state level £irst. Mr. Olson said that he believed Mr. Ed Wilmes had a letter he wished to read to the Council. Mr.Wilmes said that the U.S. Forestry Service has pledged their cooperation with the State Forestry Service for help in maintenance and operation. � �; `I SPECIAL PUBLIC HE�1.TtING MEETING OF SUNE 12� 1972 PAGE 10 There is a fund available for certain pro�ects which allows 10°a on a 2 year , basis, so funds could be applied for in the amount o£ about $30,000 £or the £irst two years. A grou� of Fridley High School students came out to help and £ought the mosquitoes and underbrush, and he said he certainly appreciated their help. He then read the letter signed by Lori Kondziolka, 585D Hackmann Avenue, Chaa.rman, which states that she and a group o£ students will continue to help throughout the summer and also to help with the people when they start coming out. He said he would like to congratulate these young people, their teachers and parents and everyone that has helped on this pro�ect so tar. He said he had contacted the Veterans Hospital and they will work on cleaning up picnic ta]�les that have been salvaged from the Mississippi River. MOTION by Councilman Breider to instruct the Administration to prepare the grant application for LAWCON £unds wrth the stipulation the remaining 25o is to be the responsibility of the Island of Peace Committee. The motion was seconded and upon a voice vote, all ayes, Mayor Liebl declared the motion carrzed unanimously. Nir. John Krist, 148 River Edge Way, asked where the access would be to the northern uncharted island. Mx. Olson saa.d access would only be to Chase Island and from there flat barge-type Hoats would be used to get to the other two islands. This will have to be a special boat designed £or wheelchair patients. Councilman Mittelstadt said he had been informed the Governos would like to come out. Mr. Wilmes said he thought some time in the next few weeks would be appropriate. Mayor Liebl suggested an invrtation be extended from the City � of Fridley and the Committee. Mr. Wilmes said that Mr. Travis Roberts, Director of U.S. Department of Wildlife and Fisheries, has said when technical assistance is needed, he will be available. It has long been his hope that an area could be set aside as a wa.ldli£e refuge. Mayor Liebl extended his thank you on behal£ of the City Council to all the people who have worked so hard on this pro�ect so far. OF APPOINTMENTS TO CATV ADVISORY COMMITTEEc Councilman Breider said he would like to recommend Mr. Dean Caldwell, 5874 Hackmann Avenue N.E., for a two year term. Councilman Mittelstadt recommended N1rs. Barbara Hughes, 548 Rice Greek Terrace £or a three year term, with the comment that she has been of service to the wmmunity for many years. Mayor Liebl said, as Chairman he would like to recommend Father Ed Chmielewski, 6120 5th Street N.E., for a two year term and Mr. John Haines, 275 Craigbrook Way N.E., for a three year term. Councilman Utter reported that he has been trying to contact Mr. Tom Myhra, 6360 Able Street, who would then be appointed for a one year term, however, he has been unable to reach him. The Council asked Councilman Utter to try to reach him by phone now and the discussion would be held open until he returns to the Meeting. Councilman Breider said when the Committee organizes themselves, that he would like to have them open up a series of public hearings on any tentative changes to the CATV ordinance. He would guess if they arrive at the conclusion there ' should be a referendum, and they have sugoested changes, that this information should be before the Council by September 15, 1972. This Council would then look upon their recommendations with much favor. Councilman Mittelstadt said he wondered how many times they intend to meet, and would like that spelled out. SPECIAL PUBLIC HEARZNG MEETING OF JUNE 12, 1972 PAGL^' 11 ' Dr. Nikolai Koropchak said he would like to compliment the Ca.ty Council on the step they have taken, but it should have been done a year ago. I-Ie thought the Council has chosen good people and they should be able to make some constructive suggestions. There is another area involved, and �hat is the law suit; this is something entirely different from cable television and involves the citizen's right to petition and the plaintiffs feel they must pursue this to a �udgment. Un£ortunately, this will cost the ta�c payers some money, and added that he was surprised the City Attorney xequested a �ury trial. It would save the t� payers a lot of money if that had not been requested. Mayor Liebl said he is probably correct, but the petitioners tried to make a point and he said he is trying to solve it by taking it out of the political bailiwick. The people chosen tonight were selected based upon their character and personal integrity and they will make the decisions which are best £or the community. I£ this is solved, then why pursue a.t any further? If the problem is solved to the satis- £actzon oP both parties, then carrying it £urther would be an exercise in futility. , , iY 4� �Y LJV�f } The Tacting Crty Attorney said that if the committee comes up with a resolution of this matter, then there would be no lawsuit. A court would not accept a "£riendly lawsuit" and would consider the question moot. Dr. Koropchak said that what would not be resolved is the criteria under which a petition may be subma.tted. The people deserve the ra.ght to be heard because there were accusations of perjury and forgery. This lawsuxt should be pursued to its finish so that people in the £uture would be able to petition and be heard and the petition would be accepted. The Acting City Attorney said that the point is whether there should be a re£ezendum and whether the ordinance is valid and in ef£ect. I£ the courts have any inkling the Citp Council has resolved the matter, the 7udge would not hear the case. In his opinion, he £elt the lawsuit should not be continued. Mr. Ole B�erkesett said he wanted to correct a statement made that accusations of per�ury and forgery have been made, that is not true. What he charged was that there had been improper certificates attending the petitions made. The other point made in regard to the rights o£ crtizens to petition, no one questions that right. The Council acted in good faith in questioning the validity of the petitions, and the issue is whether the signatures were proper and if they were rightfully obtained. Councilman Utter reported he had been able to contact Mr. Myhra anfl he would be willing to serve. MOTION by Councilman Breider to approve the appointments to the CATV Advisory Committee as follows: Chairman - Father Ed �hmielewski 2 year term Dean Caldwell 2 year texm Barbara Hughes 3 year term Sohn Haines 3 year term Tom Myhra 1 year term The Motion was seconded by Councilman Utter. R/Y 'll w lvf � l Y SPECIAZ PUBLIC HEARING MEETING OF JUNE 12, 1972 PAGE 12 The City Manager asked if the Committee were to recommend on September 15th ' that there should be a re£erendum, would that be time enough to schedule the matter on the ballot in November. The Finance Director said yes, it could still be put on the ballot for the general election. THE VOTE UPON THE MOTION, being a roll call vote, Liebl, Utter, Mittelstadt and Breider voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl said he would like to clari£y the position of the Chair in regard to the duties and responsibilities o£ the Committee �ust appointed so there will be no misrepresentations, and sul�mitted the statement as follows: "Members of the Council, Citizens of Fridley: I would like to take a£ew moments to discuss the work o£ the co�ittee we have �ust appointed. Secta.on 28 of the Cable Television Ordinance which was adopted last year establishes a cable television advisory committee to advise and assist the Council on any matters relating to the cable television system. Secondly, the committee is instructed to take on such speciPic assignments as the Council might provide from time to time and report back with £ormal recommendations. Despite the fact this ordinance has not been implemented in the form of , an actual cable television system, I believe the important issues revolving around the ordinance warrant the activation o£ the advisory committee at this time. Therefore, the Council is now moving under the provision which allows us to direct speci£ic assignments to the attention of the advisory committe e . Consequently, this advisory body is hereby instructed to conduct approp- riate public hearings on the contents o£ the ordinance to determine what, if any, amendments should be made in the public interest. These hearings should be conducted in a timely fashion to allow the advisory comm�.ttee to report any recommendations to the Council by September 15, 1972. The Council had originally considered a 60 day period but decided to extend that because of the summer vacation period. A September 15 dead- line should give the comma.ttee adequate tune and, more .unportantly, the public ample opportunity to participate in the hearings. In addition, I would like to direct Mr. ➢avis to provide the committee with adequate stafP assistance to assure an orderly process of hearings and evaluation. We will also ask Father Chmielewski and the committee to keep the Council inPormed as to the dates of hearings and procedures to be £ollowed, along with minutes o£ the hearings. Thank you." Councilman Mittelstadt said that he would interpret "staPf assistance" to mean a , recording secretary at theix meetings. Mayor Liebl said yes, and whatever else their needs may be. � � L_._J w��j �% SPECIAL PUBLIC HEARING MEETING OF JUNE 12, 1972 PAGE 13 VISITOR: Mr. Don Schultz, 15 Rice Creek Way: White sand on banks of Locke Lake: Mr. Schultz has hauled white sand onto the banks of Locke Lake £or his two lots plus the City park pxopesty. In getting the sand to the shoreline, he drove over the park land and the curb without permission £rom the City, either to drive over the property or alter the park shoreline. There has been a dis- agreement at the Staff level between Mr. Schultz and the StaP£ in regard to how the sand should be handled. Mayor Liebl asked the City Manager, the City Engineer, Mr. Schultz and as many Councilmen as could to meet Tuesday at 5:00 P.M. to go and look at the site. He said this would be a chance to show the people on Locke Lake the Crty is willing to do something in regard to ewlogy and keeping the beach nice. He said he had looked at the curb that was supposed to be damaged by Mr. Schultz, but that was damaged 4- 5 months ago by motor- cycles. The City Manager said Mr. Schultz had talked to him about his plan after he had done it, and he had suggested appearing before the Parks and Recreation Commission. Mr. Schultz said that he considered his actions a continuation o£ his pro�ect. The white sand was not available last year, Dut it is now £or a short while He said he never thought it would be necessary to get permission, and acted quickly while the sand was available He said as to the pictures of the piles of sand, there is only about 'q truckload of sand le£t to be shovelled and it looks qurte different now. He then mentioned his deed for his property which is given by footage rather than reading to the waterline. Now there is a strip of land between his property line and the water's edge which is owned by the original developer, Mr. Ostman, and he would like to get title to that strip. The Council informed him that would have to be between him and Mr. Ostman. Mr. Schultz £elt that the City should do something about this privately owned lake bottom; they should buy it and have a City oaned lake. RECESS. Mayor Liebl declared a recess at 10:15 P.M. The Meeting was reconvened at 10:30 P.M. C�NSI➢ERATi�N OF CHANGE ORDER NO- 1 FOR WATER IMPROVEMENT PROJECT #108: The City Engineer reported there is some work needed that was anticipated, however, the Change Order wst will still place the pro�ect cost within the engineering estimate. MOTION by Councilman Mittelstadt to approve Change Order #1 to Water Pro�ect �'r108 in the amount of $4,083.00. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. ESTIMATES: Progressive Contractors, Ine. Osseo, Minnesota PARTIAL Estimate #2 for work completed through this date on: Street Improvement Pro�ect St. 1972-1 Street Improvement Pro�ect St. 1972-2 $67,307.66 $15,559.95 `%:, (i SPECIAL PUBLIC HEARING MEETING OF SUNE 12, 1972 Weaver, Talle & Herrick 316 East Main Street Anoka, Minnesota For 5ervices Rendered - May Billing PAGE 14 $ 2,354.00 MOTION by Councilman Mittelstadt to approve payment of the estimates as submitted. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanunously. REPORT ON EMPLOYMENT OF PARK AND SCHOOL RANGER: MOTION by Councilman Mittelstadt to receive the report submitted by the City Manager dated June 12, 1972. 5econded by Councilman Utter. Upon a voice vote, all ayes, Mayor La.ebl declared the motion carried unanunously. Mayor Liebl asked the City Manager to explain the proposal for the benefit of the audience. The City Manager said he has recently met with Mr. Ray Mondloh o£ the School Board and also several school administrators concerning common problems the City and Schools have. One of the ideas that came out o.f the meeting was the common need of the City and the School District £or a park and school ranger. This position would be utilized to patrol the Fridley Junior and Senior High School complex 10 hours per week and the remainder of the park system 26 hours per week, The duties of the ranger would be as £ollows: A. E. C. D. E. F. Observation and detection of vandalism, and to work with the Fridley Police Department in apprehension of suspected vandals. Detection of misuse o£ £acilities and property and correction of same. Work closely with the Eridley Police in enforcing the prohibition o£ motorized equipment of all kinds on the athletic and park areas. Make certain only authorized personnel are using the facilities. Curtail certain dangerous and unauthorized activities on both school and park property. Control parking on all sites. The City Manager continued that the park and school ranger would work a total of 36 hours a week, for the £ourteen week trial period, which would begin June 19th. The ranger would be provided with an automobile, uniform and would be equipped with a two way radio on the police frequency, however, he would not be armed. His hours would be £rom 5:00 P.M, to 11 00 P.M. Over the past two year period the Parks and Recreation Depar�tment has experienced over $6500 lost through vandalism. The salary proposed is $126 per week £or the 14 weeks with a total cost including um£orm and car to the City of $1644 and to the School District $470, for a total cost for the experimental program o.f $2,114. He suggested the City's share of $1644 could be paid for out of the recent transfer of the unused portion of the Ward Two Councilman's salary which amounted to $2310. The City Manager continued that this is really not a new program, Recently the Minneapolis Park and Recreation Board voted to employ 24 additional seasonal park patrol agents. � i � ��:�7 SPECIAL PUBLIC HEARING MEETING OF JUNE 12, 1972 PAGE 15 � MOTION by Councilman Mittelstadt to approve the employment o£ one park and school ranger at a total cost not to exceed $1644 for the period June 19, 1972 through September 24, 1972, on a trial basis, and request that the Crty Council be furnished with an evaluation of this program in OctoUer, 1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. REPORT ON LIQUOR STORE SITES: Mayor Liebl concurred in the City Manager's opin�on as outlined in his memo dated .7une 9, 1972 which was that the cost to the City over the long run is conszderably less by purchasing land and building a building rather than leasing a liquor store srte. The Acting City Attorney said that i£ the Council concurs in the City Manager's opinion, authoriziation would be needed to start negotiations for the purchase oP the land. Mayor Liebl instructed the Finance Director to see that some work is started on a proposed layout for the store. He said he wanted effective merchandising to entice the customers into the store. The Finance Director said that there has already been some work done on a proposed layout. Mayor Liebl said he would like this information brought back at the same time the report on negotiations is submitted by the City Attoxney and the City Manaqer. ' MOTION by Councilman Mittelstadt to a.nstruct the City Manager and Crty Attorney to begin negotiations with Mr. Jim Gibson for the purchase of property located at 6289 Highway #65. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. COMMUNICATIONS: AMFRICAN HISTORIC AND CULTURAL SOCIETY, INC.: HONOR ANIERICA IIAY: The City Manager pointed out there is a proclamation that could be considered on Page #14B and there are also plates for postage meters that the City could purchase The Council agxeed the postage meter plates would be a good idea. MOTION by Councilman Mittelstadt to instruct that the proclamation found on Page #14B be published over the seal of the Mayor which proclauns Tuesday, July 4, 1972 as "HOnor America Day". 5econded by Councilman Sreider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. CITY RED BARNS. INC.: RE9UEST TO COLLECT PUNDS FOR U.S. DLYMPIC TEAM: MOTION by CounCilman Mittelstadt to receive the information £rom Tw.in City Red Barns, Ine., and concur with their request to solicit £unds £or the U.S. Olympic Team. Seconded by Councilman Breider Upon a voice vote, all ayes, Mayor Liebl declared the motion caxried unanimously. � AA70URNMENT_ There being no £urther business, Mayor Liebl declared the Special Public Hea in Meeting o£ June 12, 1972 adjourned at 10:47 P.M. Resp�� ly submitted, ��� � IY�1ti �l A. Mercer, Secretary to the City Council Frank G. Lieb , Mayor