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07/24/1972 - 00017220� , THE MINUTES OE THE REGULAR COUNCIL MEETING OF SULY 24, 1972 The Regular Councal Meeting of the Fridley City Council was convened at 7 45 P.M., July 24, 1972. PLEDGE OF ALLEGIANCE: MaYor Liebl led the Council and the audience in saying the Pledge o£ Allegiance to the Flag. INVOCATION: Councilman Mittelstadt offered the Invocation. ROLL CALL: MEMBERS PRESENT: Liebl, Utter, Mittelstadt, Bxeider MEMBERS ABSENT: None ADOPTION OF AGENDA: Mayor Liebl said that Item #16 (A Resolution Recertifying Special Assessments , on Tax Forfeit Properties Which Have Been Repurchased) is to be tabled To be received is a lettez from Governor Wendell Anderson xegarding an Tsland o£ Peace Tour and a letter from Mrs. Mary Martin regarding Stonybrook erosion He said that under the "Visitor" section of the Agenda the Council wa.11 hear those people that would like to speak about the Stonybrook erosion problem. MOTION by Councilman Mrttelstadt to adopt the Agenda as amended. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. VISITORS: Discussion with Stonybrook Creek People Regarding the Erosion of the Creek Bank: Mayor Liebl said t�at he and Councilman Utter had gone up to look at the creek on Surxday, after the heavy rainfall last Saturday He then read the communi- cation from Mrs. Mary Martin, 133 Stonybrook Way, dated July 24, 1972 aloud. Mayor Liebl said that he had requested that pictures be taken of the creek, and Sergeant Cook has taken them. He then passed the pictures around for the Council to see. Al1 the excess water is going down Stonybrook Creek and the people are willing to sacrifice some of their trees in an effort to protect their property from further damage in the £uture. Ae felt the City should take a good look at this problem to see what could be done to help protect � those 14 home owners. He said he did no�t know the final solution, but we cannot 7ust s.�t and fiope the problem wa.11 go away. In order for any cleaning up to be done the City would need the cooperation of the property owners to -- go onto their land. He would also like to know what the City could do as far as spending general revenue monies. He said he £elt the City is draina.ng water into this creek, there£ore, is obligated to make sure we do not greatly r � REGULAR COUNCIL MEETING OF JULY 24, 1972 PAGE 2 increase the problem through excessive run-off. Councilman Utter agreed he , certainly hoped something could be done for these people. Councilman Mittelstadt said that he has been working with these people and talking to Nurs. Martin for about 3- 4 months. In his discussions with the Sta£f, he was told this is private land and public funds cannot be used to improve the creek and prevent erosion, despite the fact that we are sending water into the creek from the east side of the railroad tracks. The rainfall this weekend triggered this new activity and concern. There were 14 question- naires sent out by the Engineering Department, but not very many were returned. He said he asked the people why, and was told that they did not know how much material was needed, or what kind of material to ask for. There are not more than two lots out of the 14 that are accessible by truck down to the creek. He said he has discussed the possibility o£ rebuilding with the City Manager, then assessing the people. Another thought would be to bring in the material, and get help with the work. There are men in that area that are not physically able to do the work themselves. Mayor Liebl asked if City employees could be used to alean out the creek. The City Engineer said the City employees could do the work i£ the Council orders it, but he thought there should be a legal opinion first on whether this could be done legally. Mayor Liebl said that as the property develops east of East R�.ver Road, the run-off will increase. He said one possibility would be to provide a spillway and change the creek bed to make a better £low, then provide some stabilization £or the banks and perhaps the creek would have to be made deeper. Another possibility would be to look into a total storm sewer system for the whole district. He said there was also a problem on " Alden Way, the pipe there now is not big enough. Mayor Liebl asked the City Attorney if the City could 7ustify an expenditure of the public funds on this problem, based upon the assumption that there is additional run-o£f being directed toward the creek. The City Attorney said that the solution on how best to handle this water problem xs an engineering one. Some thought should be given to whether a closed system is the best, or whether the creek banks should be stabilized, or a combination of both. The people do not want the water diverted into a storm sewer with the result that the creek would be dry, neither do they want the natural beauty destroyed by allowing the creek to become a drainage ditch. As to the finances, he suggested that the work could be added onto an existing contract, then a- determination of benefitting properties would have to be made when the pro7ect would come up for assessment. If the work was added onto an existing contract, the work could then be done sub7ect to plans drawn by the Engineering Depart- ment. This could be legally assessed. Mayor Liebl asked if it was not correct that then those people could be assessecl whether they were on the high or low land, and if the spillway was constructea, they would be assessed, and this would not only be those 14 property owners on the creek? The City Attorney replied this was correct. Councilman Mittelstadt added that included in the assessment would be the commercial property on the east side of East River koad. Mayor Liebl asked Mrs. A9artin if she would be willing to pick up an ' assessment. Mrs. Martin replied she did not know until she had some figures. She asked how many people we are speaking of - the creek bank owners are only 14. Mayor Lzebl said this is a very large starm sewer district, some o£ which is located in Spring Lake Pazk. It is all the area east of East River Road, down to Osborne, up to 79th and over to University. The City Attorney said �v REGULAR COUNCIL MEETING OF 3ULY 24, 1972 PAGE 3 ' that obviously Fridley does not have the power to assess Spring Lake Park, and the outcome of the litigation is doubtful at best, so Fridley wi11 have to be prepared to P�nance the work themselves Mrs. Martin said that she would like to know just what was going to happen before she said yes. She said there should be a specialist, such as a hydrolics engineer, come in to suggest a solution, and added she knew this would be no easy �ob, It could be cemented, but that would destroy the creek. When talking of assessments, she said she would have to know how much first, she could not possibly af£ord $3,000 - $4,D00. The City Engineer explained there would have to be a public hearing first and at that time the people would be advised of the approximate cost. As to hiring a specialist, he added that he has a masters degree with hydrolic engineering. The problem here is not the physical engineering, it is the cost and the preservation of the natural beauty o£ the creek. When the Corps of Engineers does a job, they use rip-rapping for the banks, but that is very expensive and they have more £unds to use. The solution to be used here must not cost a phenomenal amount of money, and they hope to do the best �ob possible with the very limited funds. Mr. Bob McGregor, 265 Stonybrook Way N.E., said that he too, lives on the creek. It would have been hard to believe what could happen to a small creek unless one could have seen what happened last Saturday night. He said he had never seen the creek like that,even in the spring. He said he did not think the problem is one of what should be done in terms of ecology - it is past that, and now the biggest problem is expediency. This situation cannot go on much � lonqer. It is true that everyone has a£reedom o£ choice on where they choose to live, so it is more their problem; it was his choice to build his home by the creek because it was a nice spot and he liked the creek. Now he and the other home owners are £aced with some urgency. MOTION by Councilman Mittelstadt to receive the communication from Mrs. Mary Martin dated July 24, 1972 along with the pictures of the creek that have been submitted. Seconded by Councilman Utter. IIpon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Mittelstadt to direct the City Administration to begin an engineering survey as quickly as possible of the courses of action open, then to initiate the public hearings so that the appropriate work can commence. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unan.unously. The City Engineer said that his department would prepare several proposals, then the Council can choose the one they favor. Councilman Breider suggested, to expedite the public hearings, perhaps it would be possible for Councilman Mittelstadt to meet with the people and explain the proposals after they are completed. Then, perhaps 2 or 3 plans would be all that the Council would have to consider at the public hearing, and the people would already have some understanding of the plans that would be presented. Mayor Liebl asked when this in£ormation could be ready. The C1ty Engineer said that the Engineering ' Department has already col3ected a great deal of information, and they do have pictures other than the ones the CounCil saw tonight. IIe said he would submit a progress report at the next regular Council meeting. /_� REGULAR COUNCIL MEETING OF JULY 24, 1972 PAGE 4 Mayor Liebl asked the City Engineer if it would be possible to help with the ' cleanup, at least of the logs and trees in the creek? The City Engineer replied that the City could do a certain amount of the work either by contract or using Crty personnel. The Acting City Manager said he would look into it, it may be that some of the Park personnel could be used. Mr. Bob Schroer suggested the National Guard does have a group that could be available to do some work Pree o£ charge. The City Engineer said yes, he has also contacted the Army Reserve unit in New Brighton and they indicated they may He willing to help Fridley. Mrs. Martin said thank you to the Council for coming out and looking at their problem and ga.ving them the time tonight at the Council Meetinq. ORDINANCE #517 - AN ORDINANCE AMENDING SECTION 45.103, RELATING TO THE LOT ARFA AND LOT WIDTH REQUIREMENTS FOR C-1, C-15� C-2, C-2S: MOTION by Councilman Mittelstadt to adopt Ordinance #517 on second reading, waive the reading and publish. Seconded by Councilman Breider. Upon a roil call vote, Mittelstadt, Breider, Liebl and Utter voting aye, Mayor Liebl declared the motion carried unammously. FIRST READING OF A REZONING ORDINANCE FOR THE WALL CORPORATION, ZOA #72-03, TO REZONE FROM R-1 TO R-3 THAT AREA GENERALLY LOCATED ON 5TH STREET TO 7TH STREET FROM MISSISSIPPI TO 63RD AVEN[IE , Mayor Liebl said that the Council has looked at a rezoning for this parcel 3- 4 times. In looking over this proposal very care£ully, he said he would recommend adoption of the pro�ect. They have laid out their traffic patterns internally to eliminate problems on 7th Street and they have provided a solution to the storm water problem. Councilman Breider said he noticed Mrs. Barb Hughes in the audience and asked her how close the Library Board is to settling on the site on the corner of Sth Street and Mississippi? Mrs. Hughes said that the recommendation has been made to the County Board that this is the preferred sste and they have also conveyed the indication that Wall Corp. will be willing to add a small portion of their land to the site. Councilman Breider said that if there is a small shift in the boundary lines of the land, then the legal description in the ordinance would have to be changed. Mrs. Hughes said that they would prefer to build on that corner, and her expectation is a Pavorable action by the Board. Councilman Breider said that his greatest fear in this type of a rezoning for a large parcel of land is that a developer comes before the Council, presents his concept, the land is rezoned, in this case rt would be to R-3. Then the developer comes back before the Council wrth a change in plans and tells the Council that his plans 7ust were not economically feasible £or some reason. He then has the land rezoned to R-3 and has the right to build apartments and the Council could not stop him, even though that was not what was proposed , originally. His suggestion would be that if the Council were to consider the rezoning ordinance £or R-3 zoning, then ii it was approved at first reading, that the Council retain the option to remove that portion of the rezoning that covers the townhouses, thereby making them remain R-1 for the second reading. Between the £irst and second reading, there could be more specific � REGULAR COUNCIL MEETING OF JULY 24, 1972 PAGE 5 ' planna.ng done and the agreement could be drawn up between the applicant and the City for the mutual protection of the City and the neighborhood Mr. Fred Wall said that he could understand the Council's concern and he has heard such sentiments voiced in other communities also. I-Ie said if this approach is preferahle to the City and an agreement can be reached whereby their plan can still be implemented, that is all they are asking. He said he would like to avoid any delays and that even a week or two is very crrtical. Mayor Liebl asked Mr. Wall if he is still willing to live up to what he has promised, including the apartment house for the senior citizens, the �_nternal traffic pattern, and the promise to cooperate with the Librasy Board. He did not want them to come back in three months and tell the Council that their original plans were �ust not economically £easible. Mr. Wall said yes, he would put it in wrrting. They would like to have the Library locate on the corner, too. He said they did not have specific plans as yet, but they are willing to put the buildings where they are situated on the sketch. He said right now there is a good market for townhouses, and they would like to build them first. He said they are willing to agree to restrictions based on their concept. Councilman Mittelstadt asked if Buildings ,�l and #2 will be retained by the Wall Corporation. Mr. Wall replied that they synda.cate them, then the Wall Corporation becomes general partners. Councilman Mittelstadt said that was one of his concerns. There are buildings owned in the City by an individual rather than a company, so that person does not have any financial help and it ' seems that 9 times out of 10, the builda.ng and grounds ase allowed to run down. He thought if the buildings are maintained by a syndicated partnership, they would receive better upkeep. Mayor Liebl asked if the townhouse porta.on was removed from the ordinance for rezoning to R-3, would this still be acceptable? Mr. Wall said if it did not change their project as conceived,it would not matter, it would only be a matter of form. If the ordinance was read the £irst time tonight,that would give them two weeks to work out the specifics of their proposal and come to some understanding on the agreement. The Acting City Manager asked the City Attorney if the suggest,on that was made was legal; to pass the ordinance for rezoning on the whole parcel on the first reading, with the Council retaining the option to delete the townhouse I.,ortion, or if there were any problems with this. The City Attorney said it could be done ths way, providing tlae record clearly shows that the Council reserved the right to withdraw the townhouse portion for the second reading. Councilman Breider said that then in the meantime, the stipulations could be worked out between the City and the developer. Mr. Wall said that the exact line between the townhouse portio.n and the apartments is not known at this time, they only have the general concept laid out. Mr. Leif Henriksen, 495 Mississippi Street N.E., said that if this goes through, the people have been sold down the drain. Five years ago a building was called ' a duplex, now a.t is called a townhouse, but it is the same thing. He said this is a bad time to be considering such a plan because at least 1/3 of the people a�fected are on vacation and cannot come and speak against it. Mayor LieU1 - said that there have been public hearings before the Planning Commission and also the Council. He said he, as a responsible Mayor, looked at this pro- posal that has been compromised from 400 units down to what it is now, and he 6 REGULAR COUNCIL MEETING OF JULY 24, 1972 PAGE 6 thought that the people could live with it and it should be acceptable. He ' said he told people when he campaigned, he would not allow apartments along 7th Street and he is not. This amounts to a very substantial compromise and he was sure that when it was completed the neighbors will be proud of it. He said if the Council does not act £avorably on this, the other alternative is very expensive. Mr. Jerome Klees, 502 66th Avenue N.E., asked what was the other alternative that was so expensive. He said he has not been following this proposal too closely. Mayor Liebl explained again that if this is not rezoned, there would have to be a very expensive storm sewer put in that would involve about 700 property owners. The cost of the storm sewer does not make it feasible to develop the Riedel property into single Pamily residential lots. Eaah lot would have about $15,000 in assessment costs before you could start building. Mr. Klees said that for his lot, the assessment cost was about $6,000 for water, new streets and sewer and he could not see how each lot in the Riedel pro- perty could cost $9,000 more. He said he also wanted to point out that in the past Fridley's taxes have not been exceptionally reasonable. Fridley was the second highest, next to Forest Lake. In St. Anthony the lots are very expensive. The high taxes in Fridley has not caused any mass exodus, so why the sudden stress on this point? He said he knew ahout the high taxes when he moved here, but he liked the neighborhood and bought anyhow. Mayor Liebl said that Mr. Klees should have come to the meetings before the Planning Commission. Their public hearings have been opened and closed and the Council public hearing has been opened and is now closed, so this nas already been discussed very £ully. ' The City Engineer commented that he has not worked out the specific costs, however, this area does have additional soil problems maka.ng the cost of development much higher than normal. This is why the land has not been developed before now. There is also the additional problem o£ the drainage the Mayor mentioned. Mr. Klees asked how many sites would be available. The City Enga.neer replied 53 lots if the land was developed residential. Councilman Utter explained to Mr. Klees that the stosm sewer district would extend from 61st to Rice Creek and is actually quite a larqe district. There are people very much against the storm sewer being developed. Now, the Wall Corporation is willing to come in and develop these lots and put in their own storm sewer system which will not have any effect on the people in the ad7acent areas that have been so adamant against the storm sewer being installed. Mr. Klees said that it is still a fact that the storm sewer system will not be installed, but it may be needed sometime in the future, so he would rather pay his assessment and have the property remain R-1 than to let the land be rezoned to R-3, then possibly find that the storm sewer will be needed five years from now and be assessed. Then he would end up with both R-3, which he is opposed to, and an assessment. Mayor Liebl said that that may be the opinion of Mr. Klees, however, there are many people in this storm sewer district that have very strongly oU7ected and they would not willingly pick up their assessment. He added that it was brought out at the Planning Commission meetings that a lot of the people thought they had been assessed when fact they had not. Mr. Jim Thayer, 377 66th Avenue N.E., said that at the Planning Commiss�.on , Meeting he had raised the question of �ust what was the ratio oP success with ponds for control of storm water and the answer was rather negative, so he had asked wouldn't the storm sewer still have to be put in, and the answer was yes, probably. This means that if the rezoning is approved, then maybe in W REGULAR COUNCIL MEETING OF JULY 24, 1972 PAGE 7 � five years the storm sewer will go in and he will be assessed. If he is going to be assessed anyhow, he would rather pay that amount of money and have it go '- toward a park. Mayor Liebl pointed out there was a bond issue a few years ago, and the ma7ority did not feel this way and it was voted down. Mr. Gary Martin, 6141 6th Street N.E., said that he has not kept up with this proposal, but he is concerned. This parcel o£ land is a natural drainage and wildlife area, and he realized some $200,000 is a lot of money for the City to pay for a park. His concern was the realibilzty of the ponding area, and he thought it would be a gamble, and that these systems do not work as they are supposed to. He said he lived in Columbia Heights at one time and helped carry furniture out of the basement when the holding pond where Zayre's is now flooded. That pond was considerably bigger than this one is going to be. They were assured at the time that the pond would work. He suggested, why not develop the land all around the edges and leave the center as a park, since it is a natural drainage area. There could be homes along 7th Street, that is good land, and in the center low land there could be the pond with some ducks in the park. Mr. Martin continued, as to the talk about the building for the senior citizens and the handicapped, the rent has been mentioned at $200+, so it seemed unrealistic to think that senior citizens living on social security and/or pensions could af£ord that kind of rent. Mr. Thayer agreed with the suggestion to put buildings around the edges on the higher ground and incorporate a park � somewhere in the center. 2f the pond does not prove effective, there would still be a storm sewer assessment, and it would have to Ue more wstly five years from now. Mr. Henriksen charged that the Council does not even seem interested in what the people are saying to them, that they are acting irresponsibly, and that when the City makes mistakes, it is the citizen that pays. MOTION by Councilman Breider to approve the ordinance for the rezoning request Prom R-1 to R-3 by the Wall Corporation on first reading, with the stipulaticn that the Council retains the option to remove that portion oE the land desig- nated as townhouses on the preliminary sketch at the second reading, thereby continuing rt as R-1 property. The Administration is directed to meet with the developer and draw up an agreement to cover all the protections for the residents and the City for Council consideration before the second reading is given. Seconded by Councilman Mittelstadt. Councilman Breider said that he would like to explain his reasons for making this motion. He said at the last hearing for the Wall Corporation before this new plan was devised, he took the words spoken by the residents heavily, agreed wa.th them, and voted against the proposal. Also of some concern is the lawsuit against the City relating to the storm water problem. The applicants have altered their proposal by greatly reducing the dens,ty and putting townhouses across the street on 7th. The gentlemen who spoke about buying the land for a park presented some interesting thoughts, however, he pointed out � that a questionnaire was sent out asking the people theiz intesest in a municipal swimming pool and the response was quite negative. Anothvr item to be consa.dered, is that other suburban communities have been sued by developers for being malicious and capra.cious, and they have won. In this case, he felt that since the Wa11 Corporation has met the commitments that were talked about the last time he tried to rezone the property, that i£ the Council turned him down, Mr.Wall could sue Fridley and a court would firy� the Council guilty of being malicious. �3 REGULAR COUNCIL MEETING OF SULY 24, 1972 .�. -�o�c THE VOTE UPON THE MOTION, being a roll call vote, Liebl, Utter, Mittelstadt � and Breider voting aye, Mayor Liebl declared the motion carried unanimously. FIRST READING OF A REZONING ORDINANCE REQUESTED BY WESTERN STORES� GENERALLY LOCATED AT 761D UNIVERSITY AVENUE N.E., ZOA #72-06. TO REZONE FROM C-1 TO C-2: � CONSIDERATION OF SPECIAL USE PERMIT SP #72-02� REQUEST BY WESTERN STORES, L. J. HAUG, TO CONTINUE SERVICE STATION IN THE AREA GENERALLY LOCATED AT 7610 UNIVERSITY AVENUE N.E. The City Attorney suggested that consideration of the Special Use Permit should be considered with the second reading. MOTION by Councilman Breider to approve the ordinance on first reading and waive the reading. Seconded by Councilman Mittelstadt. Upon a roll call vote, Lieml, Utter, Mittelstadt and Breider voting aye, Mayor Lieb2 declared the motion carried unanimously. FIRST READING OF A VACATION ORDINANCE REQUESTED BY BURLINGTON NORTHERN INCOR- PORATED, SAV #72-04, OF AN ALLEY AND THREE STREETS IN BLOCKS 2, 3, 4& 5, BERLIN ADDITION. GENERALLY LOCATED WEST OF MAIN STREET AND NORTH OF 40TH � AVENUE: MOTION by Councilman Mittelstadt to approve the urdinance on first reading and waive the reading. Seconded by Councilman Breider. Upon a roll call vote, Breider, Liebl,Utter and Mittelstadt voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF REQUEST BY FRIDLEY JAYCEES FOR A TEMPORZjRY FOOD AND BEER LICENSE FOR THEIR CONCESSION STAND FOR THE MINNESOSA STATE INDUSTRIAL SLOW PITCH SOFTBALL TOURNAMENT� AUGUST 4, 5& 6: MOTION by Councilman Mittelstadt to approve the request for a temporary food and beer license with the fee waived, the use of the park employee and li£ting the restrictions of "No Parking" on 61st during the tournament. Seconded by Councilman Utter. Mr. Adolph Kukowski, Fridley .7aycees, said that they would also like to request the "NO Parking" signs on 7th Street be covered, if not both sides, at least the east side. Mayor Liebl asked how many teams there would be in the tournament and Mr. Kukowski replied 55. The Council did not feel there should be parking on 7th Street, there would not be that much additional parking gained and the suggestion was made to contact the schools abou't using their parking lots. Mr. Kukowski said that Parkview has turned them down every year because the cars end up parking and driving on the grass. The City Attorney suggested the City could aontact the school about using either the Junior High � or the Senior High parking lot. He asked if the Jaycees could then provide someone to direct tra£fic. NLr. Kukowski said they have a problem getting enough men as it is, there are seven diamonds and they have £ive people per diamond. They have had to hire some people already and this o£ course cuts into their profits. I£ they could park at Parkview, that would be a very good � � � REGOLAR COUNCIL MEETING OF JULY 24, 1972 PAGE 9 arrangement. The Senior Aigh has been available to use but it is about one black away and people don't know about it. Mayor Liebl suggested pos�ing a sign directing them to the High School parking 1ot. THE VOTE UPON THE MOTION, being a voice vote, all apes, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF A SPECIAL USE PERMIT BY MRS. ROBERT NESS SP #72-04, TO PERMIT THE CONSTRUCTION OF A TWO FAMILY DSJ�LLING IN AN R-1 DISSRICT TO BE LOCATED AT 722$ EAST RIVER ROAD: Councilman Mittelstadt noted that there was a petition received against this request, this is a residential neighborhood, and the applicant lives in Wisconsin, so there could be problems with maintenance. Por these reasons, he said he would offer his motion. MOTION by Councilman Mittelstadt to deny the request for a Special Usc Permit by Mrs. Robert Ness. Seconded by Councilman Breider_ Upon a voice vote, a11 ayes, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF SETTING A PUBLIC HEARING DATE FOR REZONING REQUEST ZOA #72-DS BY EINAR "TED" DORSTAD TO REZONE FROM R-1 TO R-2� GENFR�LLY LOCATED AT 7450 EAST RIVER ROAD AND A PUBI,IC HEARING DATE FOR THE FINAL PLAT P.S. #72-02, DORSTAD ADDITION: MOTION by Councilman Mittelstadt to set the Public Hearing date for the above requests for August 14, 1972. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayar Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE CATV ADVISORY COMP4ITTEE MEETING OF JULY 13, 1972: MCTION by Councilman Breider to receive the Minutes of the CATV Advisory Commit�ee, with the note that he appreciates these disc�assions. Seconded by Councilman Mittelstadt. Upon a voice vote, a11 ayes, Ma}or Lieh1 dealared the motion carried unanimously. RECEIVING REPORT REGARDING REQUEST FOR "STOP" SIGN ON 3RD STREET, MRS. ARTHUR YOUNG: MOTION by Councilman Mittelstadt to receive the memo .from the City Engineer dated Suly 21, 1972 and the memo from the Assistant City Manager Publlc Safety Director dated July 17, 1972. Seconded by Councilman Utter. Opon a voice vote, all ayes, Mayor Liebl declared the mota.on carried unanimously. MOTION by Councilman Mittelstadt to direct tha� stop signs be installed at 58th Avenue to stop the north/south traffic on Third Street. Seconded by Councilman Utter. The City Engineer pointed out that both in his report and the report submitted � by the Public Safety Director, there have been very few accidents at this looation. It is not feasible to put up stop signs at every corner throughout the City. The reports Purther point out that stop signs should not be used "' for control of speed and when they are, and a motorist has to stop too many times, it causes annoyance and a mare dangerous situation is created rather than a less dangerous one. P �� REGULAR COUNCIL MEETING OF 7ULY 24, 1972 PAGE 10 THE VOTE UPON THE MOTION, being a roll call vote, []tter, Mittelstadt and � Breider voting aye, Mayor Liebl voting nay, Mayor Liebl declared the motion carried. Mayor Liebl commented that he thought this was setting an undesireable precident. REQUEST BY PETER LINDBERG FOR WAIVING REQUIREMENT OP CITY CODE AND MINNESOTA STATUTES FOR FILING OF EAST RANCH ESTATES 2ND ADDITION PLAT BEFORE SELLING LOTS 7& 8, BLOCK 3 OF PROPOSED PLAT: The City Engineer said this plat has been in the process of being filed for three years. He understood they are now having trouble getting the plat filed_ The utilities have been put in, but there are no easements. If the Council wishes to grant this request, he would like to suggest some stipulations. Mr. Robert Schroer explained that the £ee owner will not sign the plat until the contract is paid o£f, he did not know why, except that he has been very reluctant to do anything for the property. He said he is in the process of paying the £ee owner off and it should be done within 60 - 90 days. The City Engineer said that the conditions he would like to suggest are as follows: l. This is the last time this type o£ division by metes and bounds description wzll be allowed. ' 2. The plat is to be £iled within 90 days. 3. The description used on the metes and bounds description is to coxncide with lots and blocks as it appears on the proposed plat, so that when the plat is filed that person would have title by lot and block description. 4. That the right of access is granted to the City before the plat is £iled. MOSION by Councilman Breider to approve the waa.ver as requested sub7ect to the conditions suggested by the City Engineer. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. DISCUSSION ON INCREASE IN DUTCH ELM AND OAK WILT DISEASE IN FRIDLEY: The Parks and Recreation Commission met tonight also, and after their Meeting, Vice Chairman, Don Blair, came before the Council wxth the problem of the rapid spread of Dutch Elm and Oak Wilt disease. Mr. Blair read the following Motion passed by the Commission tonight: "Motion by Kirkham, Seconded by Wagar, to request the City Council to appropriate funds, if necessary and to enact the existing ordinance on Dutch Elm and Oak Wilt diseases, to combat the rapid spread wnich has reached emergency condrtions wrthin the last 10 days." Mr. Blaa.r continued that the Commission wanted the Council to be aware o£ this problem. There is to be a meeting the next day with the County Agent. ' MOTION by Councilman Mittelstadt to receive the information £rom the Parks & Recreation Commission and direct the Administration to expedite the control as laid out in the Ordinance. Seconded by Councilman Utter for discussion. �� REGULAR COUNCIL MEETING OF JULY 24, 1972 PAGE 11 � Mayar Liebl said that i£ the trees have to come down, lets do it immediately. The Parks and Recreation Director said that has already been started based on - the results of a sample sent in to the University of Minnesota. In the last 1D days, he has noticed the spread in Locke Park. He said the problem was that they have no finances, manpower, or equipment to take care of this new problem. Sandee's has about 22 trees and al�out 6 more have died. Councilman Utter asked if there was not a spray that could be used. The Parks Foreman, Ralph Volkman, said yes, in some instances, with a helicopter Councilman Mittelstadt asked if the City could not be spxayed with the plane_ The Parks Foreman said that Locke Park could and the rest of the City could be done with trucks. Mayor Liebl asked that the Parks Department get the information back to the Council as quickly as po5sible on what their needs are going to be. It may be that the Council will have to call an emergency session. THE VOTE UPON THE MOTION, being a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OE ACQUIRING ADDITIONAL RIGHT OF WAY ON 61ST AVENUE FROM RICHARD MILLER IN THE BRIARDALE PLAT: The Crty Engineer informed the Council there is a map showing the right of way � needed on Page #11A of the Agenda and he showed a map of the location on the overhead pro�ector. Ae said Mr. Kenneth Korin, the property owner on the south side would not give the right o£ way because there is a row of trees that would be destroyed. Mr. Kenneth Korin� 6051 Sen7amin Street N.E., was present at the meeting, and was very angry with the way the curbing was put in in front of his house. He said it was higher in front of his house than across the street and charged that this was pressure being put on by the City to get the right of way they want. The City Engineer said that if there was a problem, it will be corrected. This is the first time he had heard of any complaints on the workmanship in this area, but it would be checked out the next day. Since Mr. Korin ob�ected to losing the trees, he approached Mr. Miller for the right of way. MOTION by Councilman Utter to authorize the City Engineer to acquire the right of way needed from the Briardale plat as laid out on Page #11A. Seconded by Councilman Breidex. Upon a voice vote, all ayes, Mayor Liebl declared the motion carsied unanimously. CONSIDERATION OF APPROVAL OF CHANGE ORDER #2, PROJECT #1D6_ The City Engineer explained that this Change Order deletes Alternate kl which was awarded wrth the base contract. There is a need for an easement for the proposed storm sewer outlet north to Rice Creek. The negotiations for the � easement have not been successful, so the Alternate has to be deleted, unless the Council wishes to order condemnation Without the easement, there will _ have to be the temporary ponding on the Briardale plat as was originally proposed, which is a less than perfect solution. 12 REGULAR COUNCIL MEETING OF JULY 24, 1972 PAGE 12 MOTION by Councilman Utter to approve Change Order #2 in the amount of ' $9,329.D0 Deduct, making a total £or Pro�ect #106 of $96,370.95, as outlined on Page #12B. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF AGREEMENT WITH DOWNING BOX FOR RIGHT OF WAY NEEDED FOR TRAFFIC CONTROL Z1ND IMPROVEMENTS ON EAST RIVER ROAD: MOTION by Councilman Mittelstadt to approve the agreement as found on Pages #13 and #13A of the Council Agenda o£ July 24, 1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. CONSSDERATION OF A REQUEST FOR A VARIANCE OF SECTION 45.D53, 4B, FRIDLEY CITY CODE, TO REDUCE THE MINIMUM SIDE YARD ADJOINING LIVING AREA FROM 10 FEET TO 5 FEET TO ALLOW THE CONSTRUCTION OF A FAMILY R06M TO BE BUSLT 6N AN EXS5TING ROOFED PATIO BEHIND THE GARAGE LOCATE➢ ON LOT 17, HLOCK 4, MELODY MANOR 2ND ADDITION, THE SAME BEING %401 TEMPO TERR7ICE N.E., FRIDLEY, MINNESOTA. (REQUES'. BY M12. ROBERT TICHEX, 7401 TEMPO TERRACE N.E., FRIDLEY, MINNESOTA): MOTION by Councilman Breider to approve the request Por a variance by Mr. Robert Tichey as requested, Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RECEIVING PETITION #13-1972 - COMPLAINT ON NOISE & NUISANCE CAUSE BY INDIVIDUALS � I-IANGING AROUND GARAGE AT 630 BUFFALO STREET AND AT CERTAIN RESIDENCES ON BUFFALO STREET. ALSO, COMPLAINT ON JUNK CAR5 AND OTHER UNSIGHTLY OBJECTS AT 630 $UFFALO STREET AND THE ENTIRE RIVERVIEW HEIGHTS AREA: Councilman Mittelstadt reported that Mr. Joe Parker had contacted him and also the Police Department regarding the nuisance and noise caused by the young people that are hanging aroung the garage at 630 Buffalo. They have moved their activity from the quonset hut to this garage, it seems. MOTION by Councilman Mittelstadt to receive Petition #13-1972. Seconded by Councilman Breider. Upan a voice vote, all ayes, Mayor Liebl declared the motion carried unanlmously. MOTION by Councilman Mittelstadt to direct that the necessary actaon be taken through the Police Department and the Health Inspector to eliminate the problems inthe Riverview Heights area. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl deciared the motion carried unanimously. RESOLUTION #84-1972 - DIRECTING PREPARATION OF FINAL ASSESSMENT ROLL FOR IMPROVEMENT PROSECT 1972 SERVICE CONNECTIONS: MOTION by Councilman Breider to adopt Resolution #84-1972. Seconded by Council- man Mittelstadt. Upon a voice vote, all ayes, the motion carried unanimously. RESOLUTION #85-1972 - DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT � ROLL FOR 1972 SERVICE CONNECTIONS. MOTION by Councilman Breider to adopt Resolution #85-1972. Seconded by Council- man Mittelstadt. Upon a voice vote all ayes, the motion carried unanimously. � � REGULAR COUNCIL MEETING OF JULY 24� 1972 PAGE 13 RESOLUTION #86-1972 - DIRECTING PREPARATION OF ASSESSMENT ROLL FOR SANITt1RY SEWER AND WATER IMPROVEMENT PROJECT #105 ADDENDUM #lc MOTION by Councilman Breider to adopt Resolution #56-1972. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, the motion carried unanimously. RESOLUTION #87-1972 - DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSM�NT ROLL FOR SANiTARY SEWER & WATER IMPROVEMENT PROJECT #105 ADDENDUM �1: MOTION by Councilman Sreider to adopt Resolution #87-1972. Seconded by Council- man Mittelstadt Upon a voice vote, all ayes, the Motion carried unanimously. RESOL[ITION #88-1972 - DIRECTING PREPARATION OF ASSESSMENT ROLL FOR SANITARY SEWER� WATER AND 5TORM SEWER IMPROVEMENT PROJECT #106: MOTION by Councilman Breider to adopt Resolution #88-1972 Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, the motion carried unanimously. RESOLUTION #89-1972 - DIRECTING PUSLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL EOR SANITARY SEWER, WATER AND STORM SEWER IMPROVEMENT PROJECT #106: MOTION by Councilman Breider to adopt Resolution #89-1972. Seconded by Council- man Mittelstadt. Upon a voa.ce vote, all ayes, Mayor Liebl declared the motion carried unanimously. CLAIMS: MOTION by Councilman Mittelstadt to approve payment of General Claims #28973 throuqh #29115 and Liquor Claims #6817 through #6892. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. ESTSMIITES : Appraisal Engineering Bureau Inc. Consulting Valuation Engineers 4150 Central Avenue N.E. Minneapolis, Minnesota 55421 Damage Appraisal for Construction of a Sidewalk to Robert Louis Stevenson 5chool Weaver, Ta11e & Herrick 316 East Main Street Anoka, Minnesota 553D3 $ 200_00 1� ' Silling dated July 20, 1972 $ 3,938.8]. i� REGULAR COUNCIL MEETING OF JULY 24� 1972 Comstock & Davis, Inc. Consulting Engineers 1446 County Road J Minneapolis, Minnesota 55432 For the furnishing of Resident Inspection and Resident Supervision for the Staking out of the Construction Work Listed Below: Sanitary Sewer, Water & Storm Sewer Pro�ect #108 from May 29 through June 30,1972 - Estimate #1 Sanitary Sewer, Water & Storm 5ewer Pro�ect #106 from May 29 through June 30, 1972 - Estimate #3 Sanitary Sewer, Storm Sewer & Water Project #102 from May 20 through June 30, 1972 - Estimate #6 Sanitary Sewer & Water Improvement Pro�ect #105-1 from May 29 through June 30, 1972 - Estimate #6 Progressive Contractors, Inc. 95D1 85th Avenue North Osseo, Minnesota 55369 PARTIAL Estimate #3 £or Street Improvement Pro]ect St. 1972-1 PARTIAL Estimate #3 for Street Improvement Project St. 1972-2 (MSAP) Bury & Carlson, Inc. 6008 Wayzata Boulevard Minneapolis, Minnesota PARTIAL Estimate #4 for Street Improvement Pro]ect St. 1970-3 (LOOpbacks) PAGE 14 $ 674.78 2,771.41 6,868.14 81.91 14,797.67 16,727,74 18,106.76 MOTION by Conncilman Mittelstadt to approve payment of the estimates as sub- mitted. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. LICENSES: Gas Service Spring Plumbing Company Inc. 9550 West Bloomington Freeway Bloomington, Minnesota By: Marbert Heintz Plastering George Lovgren & Sons 5900 Wisconsin Circle New Hope, Minnesota By: George Lovgren A Approved By Plbg. Insp. Bldg. Insp. ' � ' � � �—J REGULAR COUNCIL MEETING OF JUA,Y 24, 1972 General Contractor Donnay Realty Company 1471 Lydia Avenue St. Paul, Minnesota Hank Duevel Construction 9307 5th Street N.E. Minneapolis, Minnesota Randon, Incorporated 700 77th Street Circle Pines, Minnesota By: Andrew Donnay By. Henry Duevel By: Fred Rehbein South Towne Realty 151 Silver Lake Road, Rm. #5 New Brighton, Minnesota By: R R. Kepoios Cigarette Moon Plaza Restaurant 6215 University Ave. Vernon Remley Multiple Dwelling Dean Maeser 6972 Hickory Drive For: 5770 2nd St- Food Establishment Moon Plaza Restaurant 6215 University Ave. Vernon Remley Approved By Police Fire Prevention SEE COUNCIL MOTION PAGE 15 Approved By Bldg. Insp. Bldg. Insp. Bldg. Insp. Bldg Insp Fee $12.00 $10.00 $25.00 MOTION by Councilman Breider to approve the licenses as submitted with the exception o£ Moon Plaza Restaurant, which is approved sub7ect to approval by the Health Inspector. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RESOLUTION #90-1972 - A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF 52,135.000 SPECIAL ASSESSMENT FUND BONDS: Mr. Robert Ehlers, of Ehlers and Associates, Inc., said that he has been in contact wa.th the Finance Director concerning the special assessment fund temporary bonds which are used to finance local improvements Because the market is strong right how, he is suggesting the sale This action will not increase the City debt in any way. He suggested the date of September 11, 1972 for the bond sale. He said a gentleman £rom the rating service will be cominq into town soon, and he is very hopeful that Fridley could get their rating raised to an A, Mayor Llebl asked Mr. Ehlers if he had to go to New York to get the rating raised, wuuld it not be wise to send the City Manager also. Mr. Ehlers replied yes, but it would be much better to have him come out to Fxidley_ :- � � a� $ i REGULAR COUNCIL MEETING OF JULY 24, 1972 PAGE 16 MOTION by Councilman Breider to adopt Resolutzon #90-1972, setting the date � for the bond sale for September 11,1972 at 7:30 P.M. Seconded by Councilman Mittelstadt. iipon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RESOLUTION #91-1972 - ESTABLISHING WORKING CONDITIONS, WAGES AND HOURS OF EMPLOYEES OF THE CITY OF FRIDLEY POLICE DEPARTMENT (DISPATCHERS AND PATROLMENJ: MOTION by Councilman Mittelstadt to adopt Resolution #91-1972. Seconded by Councilman Brea.der. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. COMMUNICATIONS: BARBARA KOROPCHAK: REQUEST FOR USE OF LOGAN PARK FOR NEIGHBORHOOD PARTY AUGUST 27, 1972: MOTION by Councilman Mittelstadt to receive the communication dated July 17, 1972 from Barbara Koropchak, and approve the request for the use of the park August 27, 1972 and in the event of rain, August 28th in the evening, as per her request. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. GOVERNOR WENDELL ANDERSON: VISIT TO FRIDLEY TO TOUR ISLAND OF PEACE AUGUST 22ND AT 10:00 A.M. � MOTION by Councilman Mittelstadt to receive the communacation from Governor Wendell Anderson dated Suly 20, 1972 and direct the Administration to con£er with Ed Wilmes and invite the Governor to return to the City Hall Community Room for coffee and refreshments after the tour, Seconded by Councxlman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. PUHLIC SAFETY DIRECTOR: MEN10 EZEGARDING COMPLAINT OF BUSINESS TRUCKS IN FRONT OF� OR ON THE PROPERTY OF 5873 7TH STREET (ANDERSONS): MOTION by Councilman Mittelstadt to recea.ve the memorandum from the Public Sa£ety Director dated ,TUly 18, 1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. AllJOURNM�NT_ MOTION by Councilman Utter to ad�ourn the meeting. Seconded by Councilman Mittelstadt. Upon a voice vote, alI ayes, Mayor Liebl declared the motion carried unanimously and the Regular Council Meeting of July 24, 1972 adjourned at 10:50 P.M. Respectfully submitted, / ) ��� ��` �� � � Juel A. Mercer Frank G. Liebl ' Secretary to the City Council Mayor