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12/11/1972 - 00016969^a i= l�� /�rch.� THE hIINUT�S OF TIIE PUBLIC HEARING MEETING OF DECEMBER 11, I972 The Public I-Iearzng Meeting o� the City Council and Planning Commission was called to order at 7 39 p.m., December 11, 1972, by Mayor Liebl. PL�DG� OF ALLEGIANCE: Mayar Liebl led the Council and the audience in saying the Pledge of Allegiance to the flag. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT: ADOPTION OF AGENDA; Breider, Starwalt, Liebl, Utter, Mittelstadt. None. Mayor Liebl said he would like to suggest the following changes and additions; Add Minnesota Transfer Railroad Resolution, #155-1972, Item 6- B. Add Sunday Liquor Licenses for Sandee's, Inc , George is in Fridley, and Shorewood Inn., Inc , Item 11. Add: Approval of letters to be sent to McCarron, representative Elect, and Schaaf, Senator Elect - Signals on 69th and Trunk Highway #47, Item 12. Table Islands of Peace Pro�ect, Item 4-4A. MOTION by Councilman Mrttlestadt to adopt the Agenda as amended. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. JOINT PUBLIC HEARING BEFORE THE PLANNING COMMISSION AND THE CITY COUNCIL a of Mayor Liebl;,�,ll� on the City Manager to read aloud the notice sent to each property owner in the Flood Plain Area and declared the Public Hearing open. Chairman Erickson declared the Planning Commission Public Hearing open and asked the Secretary to call the ro11. MEMBERS PRESENT� Schmedeke, Fitzpatrick, Erickson, and Zeglen. MEMBERS ABS$NT Minish. The City Engineer briefly outlined steps £or eligibility, showed the location of the Flood Plain area on the overhead pro7ector and gave a Urief summary of what rezoning to Flood Plain would mean to the audience. He than introduced Mr. Kirk English of the Department o£ Natuxal Resourses. Mr. English distributed pamphlets outlining the Natzonal Flood Insurance Program to members of the City Council, Planning Commission and audience, He explained that this phamplet, published by the United States Department of Housing and Urban Development gave a clear example o£ what rates may be for the government subsidized program. Mayor Liebl asked if he would explain the advantages of the pxogram and the procedure to be £ollowed to activate it. M2. English explained that the program was established by the National Flood � ' , ,�, ;_ ,r� c.,_ .° PUBLIC HEARING MEETING OF DECEMBER 11, 1972 Page 2 � Insurance Act of 1968, a part of the Housing and Urban Development Act of 1968 to make specified amounts of £lood insurance available from private insurerers available under federal auspices Included in the coverage defined as flood include water ox surface water, mudslides, and damage caused by intense storms, Mr. English explained. He pointed out the principle area involved in the Flood Plain Program by using a map on the overhead pro7ector, these areas being the ATvervievr Hek�hts area and along Rice Creek. Mr English outlined the steps to be taken by the City of Fridley if they wish to became eligitale for flood insurance, First, to quali£y for the program, a community must submit to the Administrator a written request to partzcipate in the £lood insurance program for the entire area under its �urisdiction. The documentation required by the regulations governing the flood insurance must accompany the written request. Along with this written request, a�opy of the land use and control measures which have been adopted in compliance with the standards set forth in the program regulations must be submitted. After eligibilrty has been established, the City of Fridley must adopt a resolution establishing land use and control measures in Flood Plain areas. The next step, as Mr. English explained is the passing o£ a Flood Plain Ordinance which will, 1) restrict the development of land exposed to flood damage, 2) guide the development of proposed future construction, where practical, away £rom locations that are threatened hy £loods, 3) assist in reducing damage caused by floods, and 4) pxovide £or proper land use and land management in flood prone areas by recongnizing ihe degree of flood hazard. � He continued by sayang if the City does not feel this is practical at this time, or i£ further studies are to be made, a time table £or the development of a£lood plain ordinance must be submitted to the Department of Natural Resourses which in turn is sent to the United States Department of Housing and Urban Development by them. Local insurance agencies who are memters of the National Flood Insurers Association are notified to process a11 insurance policies, and to handle the ad,7ustment of claims for loss payments. Insurance at subsidized rates can be sold on existing construction to property owners by private insurance agents and brokers. Insurance at actuarial rates can be written on new construction or on properties which are substantially improved a£ter the Department of Housing and Urban Development prepares studies and sets actuaraal rates once these rates are established within the locality, Until a local governmental unit has c{ua_iified £or flood insurance, citizens within the locality cannot purchase £lood insurance upon their own initiative. After a complete study is made by the department, Mr. English estimated the time for this study to be about six months, for actuarial rates to be established, the insurance agencies are notified o£ actuarzal rates and all insurance is sold at the newly established rates. All land use and control measures must be put into effect within six months or the City will loose their eligibility. Mr. English elaborated on the two layers of rates (subsidized and actuarial) and stated rates as psr kind of structure being insured. After the City is declared eligible for flood insurance, all citizens, no matter wherE they live in the City, are eligible for subsidized rates as established and made ' ef£ective on Suly 10, 1972, The subsidi2ed coverage limit for a residential szngle £amily structure is $17,500 for the structure and $5,000 for the contents. The rate paid by the home owner is $.25 per $100 structural coverage and $.35 per $100 contents coverage. The subsidized coverage limit for all other residential structures including duplexes is $30,�0� for the structure and $5,000 for the contents. Mr. English added, this enables those renting to purchase insurance on their furnishings. The rate ', ��,� PUBLIC HEARING MEETING OF DECEMBER 11, 1972 Page 3 under the subsidized program for these residential dwellings 1s $.25 � per $100 structural coverage and $.35 for �100 contents coverage. The actuarial rates (locational) will become effective when the studies are completed by the Housing and Urban Development Department. Additzonal structural and content coverage will become e£fective after the actuarial rates become effective (i.e.$17,500 structual coverage available at subsidized rate will double or offer an additional $17,500 and content coverage will not be limrted to $5,000 but raised to $10,000, for single family residential structures, all other structural coverage will be doubled £rom $30,000 to $60,000 and content coverage increased from $5,000 to $10,000). All new construction within the Flood Plain will be covered by the actuarial rates only and the coverage l�mit will be $35,000 for structural coverage and $10,000 for content coverage. $17,500 structural coverage and $5,000 content coverage outside the £lood hazard area for single £amily residential structuxes will be availarle at subsidized rates with another $17,500 at actuarial rates. The new construction rates for all other types of struetures in the flood plain are zlso covered only by the actuarial rates and are limited to �60,000 for structure coverage and $10,000 content coverage. $30,000 structure coverage and $5,000 content coverage outside flood hazard area can be acquired at subsidized rate with an additional $30,000 struct�re coverage and $5,000 content coverage at actuarial rates. Mx. English assured the Council that the actuarial rates will not be higher than the subsidized rates, and added that in £act they are most generally lower. If the actuarial rates established are lower than the subsidized rates , established by the Department o£ Housing and Urban Development, the citizen can use the acturial rate in place of the subsidized rate. He stated as a matter o£ example that the rates did decrease priox to July o£ this year. Mayor Liebl asked if the City were to adopt this Flood Insurance program, would the property of those citizens residing in or near the rezoned Flood Plain area suffer property value loss. Mr. English stated that this program is a newly established one and there is not suf£icient data available to answer the question. The Mayor added that in order to comply with regulations a 4/S vote from the Council would be required. Before this vote, he added, we will have to know how many people will gain from the program and how many will be damaged l� it. The Mayor continued by saying, the Counczl may be helping the citizens in the Riverview Heights area while the Rice Creek residents suffer damages. He suggested that all available information should be obtained along with a guarantee to those people in the Rice Creek area that their property will not be devalued before the adoption of this program. Clarifying the difference Uetween the Flood Way and the Flood Fringe, Mr. English explained the Flood Way to be tha area where rapid running water would be and the Flood Fringe to be where water would only stand in a pond or run off. He added that restrictions should be put on building within the Flood Way areas. Mayor Liebl asked if building permits could be issued � for actual building within these areas. Mr. English stated the Flood Way could not be used, but the F1ood Fringe could be if the land use and control measures were followed. The base of the structure must be at least one foot above the 100 year flood elevation or be flood proo£ed. The City Engineer stated that this is the existing practice in these areas. Councilman Bresder asked how many structures there are in the Flood Plain area £rom PUSLIC HEARING MEETING OF DECEMBER 11, 1972 Page 4 � the east line of Fridley t� Ea,t Rzver Road and along Rice Creek. The City Engineer said, there are two structures at present. Councilman Utter asked if anyone was aware of the practice established by F. H. A, on lending to those in Flood Plain areas. Councilman Sreider again raised the question of p�operty depreciation with the Flood Plain area. Mervin Herrmann, City Assessor, said in his opinion it is essential to inform the buyer o£ this zoning and the in£orned buyer may consider the availibility of Flood Insurance an improvement for protection of the property, and a protection o£ his investment. Councilman Breidex repeated the question asking if F. I-I. A, will turn down loans to those in the Flood Plain area. D4r. English answered by stating there is not enough information available at this time. Councilman Utter raised the question o£ whether or not existing insurance rates on the structures in the area will be increased due to the rezoning. Mr. Englzsh said that none of the existing insurance co�ers flood damage so there would be no reason for an increase. Chairman Oliver Erickson, Planning Commission, stressed the importance of obtaining an answer £rom F. H. A on their policy of lending to those in thr> Flood Plain area. Resident, Mrs. Ardath Fuehrer, 620 Dover, stated that a home on Cheryl, one hal£ block from the river was finance thxough F. H.A. last summer. She added that her home was £inanced with a G. I. Loan. 1 Gity Attorney, Virgil Herrick, stated that most of the homes along Rice Creek axe set high on the lots and the only portion of the lot af£ected by the xezoning would be a small portion of the back yard. He asked if this portion of the backyard could be used for the construction of utility buildings such as storage sheds. Mr. English answered that they would be allowed if they would not constrict the flood £low. Councilman Mittelstadt asked i£ the City were under the insuxance program, would the restrictions be explained in the building code. He also asked � i£ an addition could be placed on a home in the Flood Plain area. Mr. English indicated it would be allowed in the Flood Fringe area but not in the Flood Way area. I£ placed in the Flood Fringe area, the structure add�tion must be placed above the 100 year £lood elevation or £lood proofed. He added that this point needs £urther clarification A question was raised as to whether a structure in the restricted area could be replaced i£ it were more than 50a damaged by a flood. Mr. English stated he was not absolutely certain on this point but did not believe the building could be rebuilt. The question was asb-ed by a resident of the area if the structure alone is co�ered by the insurance and the damage exceeded SO%, would there be any reimbursement £or the land. Mr. English suggested that at this time the owner may sell his property to the City or some other interested party. The resident asked if the house tiaere SOo destroyed and they were forced to £ill zn the basement, would they � receive full value for the house. Mr. English replied that he thought their payment would be determined by the limit of their coverage. The resident added it would be impossible to build another home for the price of the structure alone. Mrs. Ardath Fuehrer asked i£ it vrQ���_�e possihle to build a garage in the Flood Fringe area. Mr. English stated that this would be possible i£ the garage were £lood proofed. She questioned him on how zt was possible to £lood proof a structure. Mr. English stated that L6" PUBLIC HEARING MEETING OF DECEMBER ll, 1972 Page S there are many methods, Mrs. Fuehrer said she lived within one half block from the RLVer and this may be withln the area zoned Flood Way, , could they build a garage. The City Engineex explained that the area designated as Plood Plain has been axtablished, but the ratio to be Flood Fringe and Flood Way within this area has not been determined. I£ the proposed structure were to be built in the Flood Way, regulations would prohibit construction. If the structure would come within the baundaries of the Flood Fringe, tha property owner may £ill in the land but not raise the elevation of the Flood Way more than .5 or '2 £oot. And again, the land use regulations must be enforced, he added. Councilman Breider asked whatportion of Riverview Heights was in the Flood Way. The City Engineer said a very small portion, most a£ which is the main channel. The Gity Aitorney asked if there were a dike around the flood areas and it did the aob, would it take the area out of the Flood Plain. Mr. English said there are certain standards to be met in the construction of such dikes, and if these standards are met, it will take the land out o£ the flood area. He also added that in many cases dikes cause additional trouble, The City Engineer stated that the existing dike is an elevated roadway and does not come up to standards o£ the corps o£ Engineers and would not provide permanent protection. Mr. William Engelhaxdt, 7120 River View Terrace, asked who was to pay for �hese programs. Mr. English said the Housing and Urban Development Department pays £or it. Mayor Liebl added, the people in the area anvolved pay the insurance premiums, not the taxpayer. Mayor Liebl called on the City Manager to explain basically how the people and property in the area would be af£ected by this program. , The City Manager replied that all people with structures in the Flood Plain area will have a chance to buy Flaod Insurance adding there is no £orm o£ Flood Insurance available to them at the present time. He added that it will not be required, but availabl�. It is basically a consumer protection device and if a home owner in the Flood Plain area wished to protect his investment, he (she) would be able to do so, Again, Mayor Liebl asked what affect the program would have on the assessed eualuation of the homes along Rice Creek, if any. D4r. Erickson asked if F. H. A. would c4ntinue �o approve loans to those people in the Flood Plain area a£ter rezoning takes place. He added this is a point that should be cleared up with F. H. A. Mr English said the proposed Elood insurance is $Z00 deductable or 2%, whichever is higher. Mayor Liebl added that this is on present structures and their contents. Councilman Mittelstadt asked how many people were present who are living in Riverview Heights, Seven people zn the audience responded. His next question was, how many people would buy this insurance if it were available. It was determined that the people present could not form an opinion because of lack o£ information available. Mr. Richard Cook, 690 Fairmont St. N. E., asked how much could a home be £inanced for by F. H. A, if xt was carrying $17,000 coverage for Flood Insurance. Mayor Liebl, stated that thls is another question that must be answered before approval or disapproval of this program can be cansidered. , biayor Liebl asked Mr. English if a home valued at $25,D00 could be insured for a greater amount than $17,500. Mr. English said it would not be possible until the actuarial rates have been established. The City Assessor added, the total value of the home included the amount o£ land value and this would not�be insured, therefore the $17,SOD would insure structures of greater value. PUBLIC HEARING MEETING OF DECEMBER 11, 1972 Page 6 � Mayor Liebl said he was disappointed that there were so few people present from the Flood Plain area, He asked i£ there were any people in the audience who live along Rice Creek. Mr. E. A. Petrangelo, 520 Rice Creek Terrace responded. Mayor Liebl asked him if he would purchase the insurance coverage in addition to the standaxd horae owners insurance. Mr. Petralgelo said he was in favor of the program hut the only area of his property that would be af£ected by the Flood Plain Zoning would be a small portion of the back yard along the edge o£ the Creek. If it would affect a greatex portion of the property, or if there was a possibility o£ the structure being £looded, he said he would buy the insurance, but as long as it would not, he considered it money saved. Mr. Erickson asked how this would affect future sales in the Flood Plain area. Mr. Petrangelo, stated that no one knows at this time, but he would imagine if the buyer wanted to put in a swi;nming pool or an addition to the home in the backyard, the restrictions placed on the property because o£ the rezoning would make it dif£icult £or him to sell. bIr &rickson asked, if knowing this he would still be in £avor of the program, Mr. Petrangelo said he would. � � Mayor Liebl asked the City Englneer if the City would grant any building permits in the area, and the City Engineer answered, no. A resident asked how high the water level could be raised before damaging the homes along Rice Creek The City Attorney said it could raise as much as fifteen feet now and this in most cases would be 2D to 30 feet into the backyards of those along the Creek. hlayor Liebl stated there was a de£inite need to obtain more in£ormation about the proposed program. He added we could be preventing the people along Rice Cxeek from developing their land while we are protecting those in the Riverview Heights area. Mr. Englash stated these regulations. State Law, and Mr. Laws. that eventually the City may be required to adopt Mayor Liebl stated that this is not spelled out in the English replied this program would be covered by Federal � ._ e L�ii%t: Councilman Starwalt asked what the percentage o£ partzcipation was in other communities. Mr. English said the program has been in ef£ect since 1968 and very few communities have adopted it. Councilman Starwalt added it would be very helpful for us to determine the plan of action for the City if we could study what effects it has had in other communities. Eldon Schmedeke, 5900 University Aver�ue, Planning Commission, said that in his opinion, there are many £actors and questions to be studied before any action can be taken. Some o£ his questions are as £ollows: How many people would be interested in building one foot aUove flood level? Wi11 rt be possible to place a storage buildzng on the rezoned land? How wi11 this aifect the young people with £amilxes in the F1ood Plain area7 Will it be possible to contact and inform those people concerned be£ore the next discussion? Is the program �ust another form of urban renewal? A resident asked if a home in the Flood Plazn area were damaged by any other means such as by fire, could it be rebuilt. The City Engineer said that it would have to be built according to the new code. Mayor Liebl continued by saying that the Council will be responsible for -� �: t�. PUBLIC HGARING MEETING OF LIECEMBER 11, 1972 Page 7 answering many questions be£ore adoption or rejection of this program. � I�e said that this could financially hurt the people in the Rice Creek area. He suggested that these questions be answered within the next two to three weeks by Mr English. Mayor Liebl asked if there were any possibility of changing the report from the Corps of Engineers and Mr, English replied that the report was correct and developed according to the current standards. Mr. English stated that according to h3s knowledge, there is not a tremendous amount of flexi6ility as to what area lies in the Flood Way and the Flood Plain is a matter of fact. The City Attorney asked if it were possible to develop two types of zoning within the Flood Plain areas. Zone one, to correspond to the Flood Way building restrictions and Zone 2 to correspond with the Flood Fringe building restrictions, Mayor Liebl thanked Mr. English for providing his inside knowledge. Mr. English stated he wished he could have been more helpful and if anyone had more questions, they could phone him or ask him in writing and he would give them all the help possible. The Mayor asked i£ the Planning Commission and any mora questions. Their response was negative. He asked the Counczl and the audience if tliey had any questions. The City Assessor asked if, according to the present code, it is possible to build in the proposed Flood Fringe area, or are there restrictions � prohihiting the issuance o£ building permits. The City Engineer said that the current standards are to build one foot above the 100 year flood elevation. Mr. Erickson stated there were three specific questtons he would like answered. 1) Does F. H. A. grant loans to people in the Riverview Heights area now' 2) Would F. H. A. depreciate property value if it were rezaned to Flood Plain? 3) Would private parties and and agencies devalue property zoned as Flood Plain? MOTION by Mr. Fitzgerald to close the Public Hearing of the Planning Commission Seconded by Mr. Zeglen. Upon a voice vote, all voting aye, Chairman Erickson declared the motion carried unanimously and their Public Hearing closed at 9:25 p.m. The Mayor asked for a motion to close the Public Hearing of the City Council. He added he was surprzsed that so fe�u people from the 800 or 900 in the area affected had attended the meeting. MOTION by Councilman Mittelstadt to close the Public Hearing until more facts have been obtained and could be presented to a g�eater numbex of people concerned. Seconded by Councilman ,Breider. llpon a voice vote, all voting aye, Mayor Leibl declared the motion carried unanimously and their Public I-Iearing closed at 9:27 p.m PU&LIC HEARING ON VACATION OF A STREET (SAV #72-OS) LEIF HENRIKSEN. 64i � WAY LYING WEST OF RIVCRVIEW TERRACE MOTION by Gouncilman Mittelstadt to waive the reading of the Public Notice. Seconded 6y Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously, e�t�i� �1 PUBLIC HEARING MEETING OF DECEMBER 11, 1972 Page 8 � The City Engineer pointed out the area on a map with the overhead pro�ector. Mayor Liebl opened the Public IIearing and asked if there were any objections to this request. There were no objections. MOTION by Gouncilman Mittlestadt to close the Public 1-learing. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously°and the Public Hearang closed at 9.28 p.m. CONTINUED PUBLIC I-IEARING ON LAND ALTERATION PERMIT - CHI�S BROTHERS, LOT 10, AUDITDR'S SUBDIVISION #222, Mayor Liebl opened the Public Hearing and called upon the City Manager to relate to ehe City Council and the audience the results af the meet�ng following last week's Council meeting on December, 1972, between the City Manager, City Engineer, Counci]man Starwalt and Mr. Les Chies. According to the Gity Manager, the purpose of this meeting was to see that Mr. Chies does the necessary work of land alteration to make the area safe. It was agreed that Mr. Chies should have until the end of the year to complete the wprk. Mr. Chies added that the banks are frozen solid and most of then� are less than the proposed three to one at the present time. Mayor Liebl suggested he meet with the City Engineer as soon as possible. He added that Mr. Chies has been aware of the grade for some time be£ore � the £reeze and has done nothing about correcting it. The Mayor also voiced concern as to whether or not the bonding company wzll continue to back Mr. Chies He said the City of Fridley has received many complaints £orni the residents in that area about the dangerous banks. The City has given him £ive and a half years to complete the pro,7ect and the Mayor asked for some assurance that the work will be done in a reasonable length o£ time. Mayor Liebl asked the City Attoxney for his recomm�ndations on how to en£orce the agreement. The City Attorney said that he had talked with the bonding company and it was his impression the Mr. Chies complete the project or he would be released from tihe bond. The City must do what is necessary to make certain the banks are taken care o£, he continued. The City Attorney su$gested the City declare any banks steeper than three to one a public nuisance and ullow two to three weeks to abate them, He added that the grade can easily be determined by out Engineering office. The City Attorney said he should be glven the option to reduce them ta this level or notify the bonding company that we hold them responsible far getting this done_ Mayor Liebl re:uinded him that Mr. Chies must comply with the instructions as hz had agreed upon them several years back. Councilman Starwalt suggested the Council set a definite time limit £or Mr. Chies to comply. Mr. Chies agreed to meet with the City Engineer within the next week. � MOTION by Councilman Mittelstadt to close the Public Hearing. Seconded by Councilman Utter. Upon a voice vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing closed at 9:40 p.m. ��7i^ PUBLIC E�ARING MEETSNG OF DECEMBER 11, 1972 Page 9 MOTION by Councilman Starwalt to adopt the motion as suggested by the � City Attorney, and declare the banks a Public Nuisance, that Mr. Chies meet with the City Engineer within the next week and be£ore the December 18 meeting to agree on the engineering aspects and the pro7ect be completed be£ore the first of the year. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. DISCUSSION OF THE ISLAND OF PEACE PROJECT MOTION by Councilman Mittelstadt to receive the letter from the �££ice of Lacal and Urban Affairs, dated December 1, 1972 and table the discussion until December 18, 1972. The motion was seconded. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. REAPPROVAL OF PHASE II OF THE RESIDENTIAL INNSBRUCK NORTH PLATTING The City Engineer pointed out the area on the overhead projector and stated that it involved 120 residential lots on the westerly one hal£ of the property. Mayor Liehl asked if there were any reasons for not approving this platting and the City Engineer said that it complies to what has already been approved and as a Cotutty requirement a second vote was needed, due to time lapse. MOTION by Councilman Starwalt to reapprove Phase II of the Residential � Innsbruck North Platting. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimausly. CONSIDERATION OF AGREEMENT OF DIVISION QF LAND FOR ICE ARENA AND GARAGE Mayor Liebl asked the City Engineer for his views and he in turn stated that the City Assessor had been working on this question. The City Assessor explained the portion of property in question as: Easterly 64 feet of University Avenue and all of the East Service Drive, which is 50 feet, for a total of 114 feet that are not usable to the Gounty Ice Arena. The orignial agreement the City made according to the City Attorney was that the City would get the Easterly One Hal£ of the Southeast Quarter of the South west Quarter (EZ o£ Si4 0£ SW',) of Section 11, Township 30, Range 24, except the South 400 feet thereo£. The City Assessor added that the value o£ this portion oi land is $7,SOD. Mayor Liebl asked if the intent would be to divide the usable portion of land or the total portian. The City Attorney said he was involved in the dealings on the question of easements. He believed it was the intent to dlvide the usable portion between the City and the County. This would be the east half or 40 acres. He added the question of easements was not discussed at that time. � Councilman Utter asked z£ the resolution would have any affect on the division. The City Assessor anstivered that he did not believe so. He added in his opinion, there was not enough green area around the Ice Arena and parking lot. Mayor Liebl stated he believed the plan Was sensible. Cy �" / PUBLIC HHARING MEETING OF DECEMBER 11, 1972 Page 10 � County Commissioner, Mike 0`Bannon, agreed stating that the County has pumps and equipment installed in the property. Councilman Brei$er asked if the County planned to pay the $7,500 to the City £or the property. The City Assessor stated there would be no muney involved, the City would give the land to the County. MOTION by Councilman Breider that the City agree to accept a deed from Anoka County for the east 600 feet of the Southeast Quarter of the Southwest Quarter of Section 11, Township 30, Range 24, except the south 400 feet and the north 50 £eet. Seconded by Councilman Mittelstadt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RHSOLUTION #155-1972 - A RESOLUTION REGARDING ANOKA COUNTY - THE MINNESOTA TRANSFER RAILWAY COMPANY. The City Attorney described this proposed resolution as follows: The Gity quit claim the West 50 feet o£ the East 150 feet, so this property may be retained and exempted from condemnations. He stated the reason for this is to allow the Minnesota Transfer Railway Company to grant access to the Carter Day Company on 71st Avenue. He recommended this Ue approved, stating it was his opinion that this is what was originally planned. MOTION by Councilman Breider to execute said quit claim deed to the Minnesota � Txansfer Railway Company and adopt Resolution #155-1972. Seconded by Councilman Mittelstadt. Upon a voice Wote, all voting aye, Mayor Llebl declared the motion carried unanimously. OF MR. DAVE HARRIS TO BE ON THE WUNCIL AGENDA OF DEGEMBER 18, 1972 SS IITILIZATION OF NORTH PARK AREA AND REQUEST TO INVITH THE PARK AN ON COi�M4IS5I0N TO ATTEND THIS MEETING: MOTION by Councilman Breider to grant the request to Mr. Dave Harris. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor LieUl declared the motion carried unanimously. SETTING THE DATE OF JANUARY 15. 1973, FOR DISCUSSION OF TI-IE POLICE PENSION FUND• Councllman Mittelstadt suggested the meeting be set for 7.30 p.m. on January 15, 1973 for further discussion on the Polsce Pension fund. Councllman Breider added that £urther discussion of details o£ action should be presented the first meeting in Febrixary before presentation to the State Legislature. MOTION by Councilman Breider to set the meeting for 3anuary 15, 1973, at 7 30 p.m. Seconded by Councilman Mittelstadt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. � APPOINTMENT. (CITY EMPLOYEE) � MOTION by Councilman Breider to approve the appointment of J�seph Gansxor. NAME POSITION SALARY REPLACHS �FFECTIVE Joseph Gonsior Heavy Equipment 87� per LeRoy McGoy ➢ecemher 12, 1972 Operator month ��� PUBLIC I-IEARING MEETING OF DECEMBER 11, 1972 Page 11 Seconded by L'ouncilman Starwalt. Upon a voice vote, all voting aye, � Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF A LETTER IN RESPONSE TO ARTICLE IN ST. PAUL DISPATCH: Counczlman Breider asked what was the purpose of sendzng a letter of response. He added the Council does not have to tell the people in Fridley what they are doing, their tax statements show their taxes are going down, Perhaps a rebuttal would place undue emphasis on the unfactual article. MOTION by Councilman Mittelstadt to instruct the City Manager to rewrite the letter, enclosing information on Fridley, with the letter to be sent to Wisconszn Congressman Henry Reuss and Mr. �ay G. Sykes, also to instruct the City Manager to write a thank you note to Bob Ehlers thanking him for his concern for Fridley. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. APPROVAL OF SUNDAY LIQUOR LICENSES FOR SANDEE'S, INC. GEORGE IS IN FRIDLEY, AND SHOREWOOD INN, INC.: MOTION by Councilman Utter to approve the request £or Sunday Liquor Licenses by Shorewood, Inc., George Is In Frfdley, and Sandee's, Inc., Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor � Liebl declared the motion carried unanimously. APPROVAL OF LETTERS TO BE SENT TO REPRESENTATIVE ELECT MC CARRON AND SENATOR ELECT SCHAAF - SIGNALS ON 69TH AND TRUNK HIGHWAY #47: MOTION by Councilman Breidex to approve sending of Aetters to Representative Elect McCarron and Senator Elect Schaaf as presented. Seconded by Councilman Mittlestadt. Upon a voice vote all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF INCLUDING TREZONA PROPERTY IN PLATTING OF THE RIEDEL ESTATE BY THE WALL CORPORATION: Mr. Doug Peterson, Attorney for Reidel estates submitted two letters to be received by the Council regarding the platting of the property bounded by Mississippi Street, Sth and 7th Streets, and 63rd Avenue, Northeast, The letters submitted are� 1) from Richard J. Trezona, D.D.S., to Douglas J, Peterson, Attorney at Law, dated December 11, 1972, and 2j from the Wall Corporation to Douglas Peterson, Attorney, dated December 7, 1972. MOTION by Councilman Mittelstadt to receive the noted letters. Seconded by Councilman Starwalt. Upon a voice vote, all votzng aye, Mayor Liebl deciared the motion carried unanzmously. Mr. Douglas Peterson stated that Lee Hoffman, Treasurer of the Wall ' Corporation would be more than happy to include the Trezona property in the platting, but he did not know what kind of agreement they had worked out for development. He asked if anyone knew how much the proposed platting would cost. The City �ngineer said the cost would be nominal or from $100 to �200. He added, the only problem would be if Dr. Trezona refused to sign the plat. PUBLIC HEARING MEETTNG OF DECEM6�R 11, 1972 Page 12 ' Mr. Peterson stated that according to his letter, Dr. Trezona would agree to most anything as long as he did not have to pay. The City Attorney suggested the City Manager call Mr. Lee Hof£man of the Wall Corporation and tell him the amount £or platting would be a nominal amount. The City Assessor said tlie splitting of assessments must be done by a formal resolution sometime in the future. MOTION by Councilman Utter to concur with the City Attorney and have the City Manager call the Wall Corporation and explain platting and survey costs. Seconded by Mittelstadt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Mittelstadt to ad�ourn the meeting. The motion was seconded Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing Meeting of December 11, 1972, ad7ourned at 10:20 p.m. Respectfully submitted, � �w� � Patricia E11is Secretary to the �rty Council ' � (�,j/ ' Fran�G!�ieTil � Mayor ia�� �I