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06/18/1973 - 00016433� 3() THE MINUTES OF THE REGULAR COUNCIL MEETING OF THE FRIDLEY CITY COUNCIL, SUNE 18, 1973 The Regulaa Meeting of the Fridley City Council was called to order at 7•43 p.m., June 18, 1973, by Mayor Liebl. PLEDGE OF ALLEG7ANCE: Mayor Liebl led the Council and the Audience ln saying the Pledge of Allegiance to the Flag. INVOCATION- The Invocation was offered by Mr. Gerald R. Davis, City Manager. ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT: ADOPTION OF AGENDA• Breider, Starwalt, Lieb1, Utter, Nee. None. Mayor Liebl said the following items were to be added to t:�e age�da; Discussion on pro7ect 103, Innsbruck, Purchase of Lots 2 and 3, Viet's Addition, for Park Purposes; Receiving North Park Committee Meeting minutes of June 12, 1973; Communication from Fridey Youth Football Association; Approving Chapter 594, Fridley Fire Relief Association Retirement Plan Tabled. MOTION by Councilman Breider. Upon a voice unanimously. VISITORS: M�E. BERNARD ROTTER: Starwalt to adopt the agenda as amended. Seconded by Councilman vote, all voting aye, Mayor Liebl declared the motion carried ' � Mr. Aotter addressed the Council stating he was representing a group of people who want to construct a motel which would be located in the vicinity of Interstate �k694 and T. H. �'�65, Mr. Rotter said the property is zoned partially for motel use. He asked if ft would be possible for the City to give them a letter stating a liquor license would be issued if the construction of the facility would meet the required specifica- tions. Mr. Rotter continued, the structure would contain approximately 120 units and be a six story structure, and be a franchise of Sravel Lodge. Councilman Breider asked Mr. Rotter is there any formal plan for the structure or the development? Mr. Rotter said this structure would be a copy of the other motels built by Travel Lodge. He said there are no formal plans to present to the Engineer at the present time, Mr. Rotter said he had talked with the City Engineer about the proposal. Mr. Rotter said it would be necessary to have assurance that the facility would be issued a liquor License before they would go ahead with formal plans on the site. Mayor Liebl assured Mr. Rotter that the City was not in opposition to the plan, but they could not guarantee the issuance of a liquar license to the establishment at the present time, ge said the City would like to see what he is proposing, ' � , ' REGULAR COUNCIL MEETING OF NNE 18, 1973 ��� PAGE 2 Councilman Starwalt agreed, saying they would Like to have a formal request accompanied by plans and total cost figures. Mr. Rotter asked if these plans and information should be directed to the City Manager. Mayor Liebl said the matter should be a pxoper agenda item, and the proposal should be in black and white and considered in the proper form. Mr. Rotter asked if the traffic situation would be reviewed by the City Council or the City Planner. Mayor Lieb1 said in making his decision, he would like to evaluate what the peopLe of the area say about the proposal. He said he thought this would be a beautiful hotel, and he mentioned getting assurance from the Highway Department that there would be access from I. 4�694. He said access in matters such as this are very important, The City Manager asked Mr. Rotter to 6ring in a plan and try to work out a road pattern. The City Manager continued, the City staff would recommend either action on or modification of the plans. He recommended Mr. Rotter work with the Engineering ➢epartment. Mr. Rotter said he would present the City with the suggested plans and information and a letter of request for the liquor License PUBLIC HEARINGS: CONTINUED PUBLIC H�AAING ON COMPREHENSIVE MUNICIPAL DEV�LOPMENT PLAN FOR THE CITY OF FRIDLEY (CONTINUED FROM SUNE 11, 1973): Mayor Liebl said some of the study areas of the pLan had been discussed, hut the Council had not yet discussed area number two. The City Engineer said there are a number of drainage problems in the area which are caused by the absence of a storm sewer system. Ae said it was the plan of the City to make drainage ponds an asset rather than a deterrent of the area He pointed out the area north of 69th and said work had been started on the development of that area. He added, south of 69th and along the creek, it was the City's plan to aquire the property and leave this area in its natural form. He said this would allow an area for future generations to oiew in a natural form. He said this may include plans for ponding areas which would be an overall asset to the drainage system. He said this plan for ponding and drainage would lenu to the drainage solution and also enhance the beauty of the area, The City Engineer said the area from Central to Moore Lake would be Mesidential and also a11ow for higher densi.ty in other areas, He said this area is west of Central. The City Eng1neer pointed out areas within the boundaries which would serve as locations for shopping centers and said the park and beach on Moc,re Lake provided an excellent recreational facility. Mayor Lieb1 said there are storm sewer problems in the area and these would have to be solved as the area is developed. He said the City would install the mains first and then the laterals. The City Engineer said he would like to preserve the ponding areas and use them instead of closing them. He said this type of drainage would also keep the assessment costs lower, and retain the natural beauty of the area. ��� REGULAR COUNCIL MLETING OF SUNE 18, 1973 PAGE 3 CounciLman Starwalt asked if this area was the section set recently in which the ' people making application for building permits would be required to put $800 for each buildable 1ot into escrow for the storm sewer system? The City Engineer said yes, the whole area. Councilman Starwalt asked if any new people coming into the area would have to put this amount into escrow? The City Engineer said yes. Mayor Liebl mentioned the memorandum from Mr. Jerry goardman addressed to the City Manager which commented on the thoughts of the Metro Council. He asked the members of the Council if they had any questions concerning the memorandum. There were no questions. Mayor Liebl said they would continue their discussion of the Comprehensive Plan and study area number five. He said this was a level area which was by F.M.0 , and parts of the area had not been developed at all. He said this portion is close to the river. Mayor Lieb1 asked what the present zoning on thi,s Froperty was� The City Engineer said it is currently R-1, but there are restraints on the area, He said it is close to the river and he felt the river bank area should be preserved. He said the second consideration on the area is th,at it is close to F.M.0 and other industry. He said the fact that the high traffic of East River Road makes this area less desirable for single family dwellings. He said the high density uses would be a deterrent to single family constructions The City Engineer said the Comprehensive Plan called for a use such as high rise apartments, which would allow only portions of the land to 6e used and the rest ' left natural. He said this could also include the installation of office buildings, which would be more suitable to the freeway, industry, East River Road and the River. Mayor Lieb1 questioned the City Engineer asking if he helieved thls to be more suitable than R-L development of the area� The City �ngyneer said yes. The Crty Engiaeer said the area could be used for office space and some multiple structures. Mayor Lieb1 asked if the City had facilities to comply with this type of development of the area? The City Engineer said the sewer was available, but the wtaer is not al1 the way down. Mayor Liebl said the people had been assessed quite a bit for the water main, He asked if this would be big enough to handle a high rise and also the commercial property of the area'+ He asked if the Engineer was talking about an inter-community coaeplex� The City Engineer said there is a tcvelve inch pxpe up to a certain poxat and it would have to be extended. Mayor Liebl asked Councilman Nee if he had any questions because this area was in his Ward. Councilman Nee said he had no questions. Mayor Liebl asked Councilman Nee if he would ob�ect to high rise buildings in this area? Councilman Nee said no. Councilman Nee said he believed this to be a more interesting utiLization than the construction of R-1 in this area. MOTION by Councilman Nee to close the Public Hearing on the Compsehensive Development ' P1an. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Lieb1 declared the Public Hearing closed at 8;05 p.m. Mayor Liebl said the Plan would be considered for adoption on July 2, 1973. REGULAR COUNCIL MEETING OF JUNE 18, 1973 ��� � �� PAGE 4 � CONSIDERATION FOR A VACATION REQUEST SAV ,��73-08, DENNIS A. RAN5IROM, TO VACATE 20' IITIILITY AND DRAINAGE LINE BE'1WEEN LOTS 10 9nTII 11, BLOCK 1, RICE CR�P�K SCHOOL ADDITION, TD ALLOW CONSTRUCTIOIJ OF A AOME ON TWO LOTS AND APPROVAL OF AGREEMEN'T The City Manager said he and the City Engineer had met with Mr. Ranstrom that day and an agreement concerning the property had been drawn up. The City Manager said he did not know if Mr. Ranstrom had a chance to review that agreement. Mr. Ranstrom SaLd he had seen it, The City Manager said there had been some stipulations worked out in this agreement. The City Engineer passed copies of the proposed agreement to the members of the Council. Mayor Liebl read aloud the five stipulations in the agreement and referred to the map in the agenda. Mayor Liebl referred to the first item stipulated and asked if the granting of the six foot easement on the south side of Lot 11 would be enough for the pLanned use The City Engineer said the City would have to get more easement from the school property, but this would be enough from the applicants property. The City Engineer said the City would obtain the control of the banks of the Creek and if the City installs a walkway, which had not been determined at the present time, this would be feasible on the property being discussed. Mayor Lieb1 said � they would have guaranteed accessability for the public. The City Engineer said yes, they would have the access to the banks. Councilman Starwalt questioned the stipulation relating ;_o the future ponding of the area. He asked if this would be related to the plans for the future storm sewer system and questioned if there was a state law relating to this? The City �ngineer said this would allow for creating an area such as Locke Lake in the future if ttie City chooses to develop a lake on the bottom area. The Crty Engineer continued by saying this does not mean that the City is going to do this, it means that the City would be able to do this some time in the future, if it is necessary or desired, Councilman Starwalt said that in this event, the walkway would be washed out Uy the pond. The City Engineer said yes. He added, this would create a larger body of water. He said that the City Manager had thought that the walkway woul� have to be where it is, or rt would be too close to the actual living area. Councilman Starwalt said at one time this may have been considered an undesirable building site. The City Engineer said he did not know if rt is now. Councilman Starwalt said there are lots for sale to the east of the property being discussed. He asked if there was some method of informing the future possible owners of the circumstances of the area� He said it would save some anguish and agony. He mentioned the information on the elevations that the City was pLanning to acquire, and asked if some information could be made availavle to the future purchasers of those 1ots. He said this may save some time in the future � The City Eagineer said the plans are availahle in City Hall, and the e]_evation information and guideLines had been set by the flood plain study. He said the noted elevation of 856 feet is flood level in this area. FIe said he felt the information could be supplied. � �� REGULAR COUNCIL MEETING OF JUNE 18, 1973 PAGE 5 Councilman Starwalt questioned if there was an efficient method for these potential , purchasers7 The City Engineer said this would be difficult unless someone would call City Hall. He said it would be very hard to do this. Councilman Starwalt asked if the same conditions would prevail on the other 1Ots? He asked if the elevation level would change for the other properties7 The City Engineer said the fLood level would remain the same. The City �ngineer said the other marking on the map indicated the walking easemer�t the City will acquire. Councilman Starwalt asked if this would run to the crest of the hi11. The City Engineer said no. He said the other property owner on the agenda is willing to give the Czty everything, this one is reluctant to give anything. Mayor Liebl referred to the swaLe on Lot 11 and said he would like proper piling in the area so the house would not be washed down. He said this would be a substantial investment, but would have to be done to utilize the land in the effected area. He said Mr. Ranstrom had given the City what they had asked for. He added, he had seen the site and the view was very nice. He said there is a handicap in that drainage may cause problems. He said he thought the applicant could develop the land with the Council's blessing. He said he did not want the City to be held responsible if some time in the future the house is sold and the new owner would come in vrith a drainage pro6lem and ask why the City had issued a building permit. The City Engineer said if the Council feels this could be approved with the stipula- � tions, the property owner is anxious to get started, and he would recommend the Council authorize the approval of the agreement, approve the variance, execute the agreement and approve the first reading of the ordinance. He said they could approve the first reading at this time. MOTION by Councilman Starwalt to approve the agreement with the five points stipulated, authorize the execution of the agreement, approve the variance and adopt the first reading of the ordinance on Lots 10 and L1, Block 1, Rice Creek School Addition, as requested by Mr. Ranstrom, waiving the reading. Seconded by Councilman Utter. Councilman Nee asked if the sewer was to drain the swamp down the street? She City Engineer said the City would need a 100 foot easement for the pro�ect. He said with the construction of the home, the pipe would be bent. The City Engineer said there is agreement with the school for the 100 foot easement on the school property ad�acent to Arthur Street. Councilman Nee asked which was the better route t�gdr�aulically? The City Engineer said they are both equal. He said this would not change the price any. He said the area falls so fast, it would go into the creek to this level. The City Engineer said the City did have an easement along the school property, and this would be on the north side of the school and he hoped they could work out some agreement. Councilman Nee asked how far above the normal level of the creek is the 856 contour? The City Engineer said the normal level is probably about 850 or 851. He added, it would indicate about a five foot rise of the area. Councilman Nee pointed out an area on the map where the 856 elevation aYpeared to ' go into the creek. He asked if there would be enough room for a walkway there The City Engineer said they had tried to define contours of 856, and this was most easily defined by a straight line. He said it was his basic intent to have the walk- way as close to the water as possible and preserve the banks. The City Engineer said it is very remote that a walkway would be constructed in this area, this would be done on the north side of the creek. He said they would like to haae control of the banks on both sides of the creek. REGULAR COUNCIL MEETING OF SUNE 18, 1973 Y ��� PAGE 6 � Councilman IItter asked if this was the only portion of property that was not owned by the City. The City Engineer pointed out a section on the north side of the creek that is tax forfeit and in control of the State of Minnesota. He pointed out a piece property directly to the north of this property being discussed, stating it is in private ownership and will be dedicated to the City when the developer changes zoning for the northerly portion of the piece. IIe pointed out Che portion to *_he east, southeast and northeast, stating this was also in the ownership of the individual who intends to develop the northerly portion. Councilman Starwalt asked if 1ot two on the cxortherly portion of tae area was tax forfeit? The City Engineer said yes. Councilman Breider asked where the pipe and man hole are in relation to the lots being dLSCUSSed. The City Engineer said this was on the south side of this property. Councilman Breider asked the position of the man hole and the City Engineer said the pipe is routed from the catch basin to the man hole and dropped down. to the culvert which empties a.nto the creek. Councilman Breider asked if storm sewer system was on the south line at the present time. Councilman Starwalt said he believed this to be ad�acent to and off the property. The City Engineer said this is on the school property. The City Engineer said this a shallow system, the other will be 30 feet deep. He said the City would tteed a large area to p1�ce this system and they would acquire this from the School. � Councilman Breider asked the City Engineer what effect this would have on the house when the ditch for th� pipe is cut? He said if the house is eleven feet from the properky line, what effects would this have on the structure� The City Enginee= said the pipe would be moved far enough to the south so it will not hurt Gi�e area He said they had required 100 feet for this purpose on Arthur Street. Councilman greider said he would not want the City to go up there and take the house along with it. Councilman Nee said the intexest of the City to vacate the easement had not been demonstrated to him. He said if it was vacated, they may come back and ask us what we are doing. He said he thought this was a very tenuous case at best, and he believed there were some reasons not to do this. Mayor Liebl said at the Public Hearing they had authorized receiving recommendztions of the staff and requested that the applicant not hold the City responsible. He said they had received five stipulations, he asked the City Engineer if the City could live with the five stipulations. The City Engineer said yes. He said it would be in the benefit of the City as they had received some easements that they did not have at the present time. He said the future storm sewer construction would not be a problem. Councilman Utter asked if the City did have easement on the property now. He questioned by giving this up if they had enough. � The City Engineer said they had obtained some other easements for the walkway. Councilman Utter said he did not think there was enough room to get a 100 foot easement in down to the fence. He asked if t[ze fence would have to be taken down, UPON A ROLL CALL VOTE, Starwalt, Liebl, Utter voting aye, Nee and Breider voting nay, Mayor Lieb1 declared the motion carried. � O �) REGULAR COUNCIL MEETING OF JUNE 18, 1973 PAGE 7 Mayor Liebl directed Mr. Ranstrom to have the documents for points 1, 2, and 3 � ready for the second reading, and to work with the City staff. Councilman Nee questioned if a three to two vote was sufficent to vacate a drainage and utility easement. The Grty Attorney said in some other occassions a four vote is needed, but in this instance, he belSeved it should be a ma�ority vote. ST SAV �P73-O5. GILBERT MENKVELD. TO EASEMENT ON MAKING IT A BUILDABLE SITE: Mayor Liebl said at the May 9, 1973, meeting of the Planaing Commission, they had recommended approval of the request. The City Engineer said he would like to point out the area being discussed and referred to the map in the agenda. He said there is one 40 foot lot. Mayor Liebl said according to the building code, they could not build a house on this lot. He said they would have to go through this vacation. The City Er.gineer said he cannot build. Mayor Lieb1 said so, in order to a11ow the construction, the Council would have to approve the vacation of the easement. The City Engineer said there is a 75 foot frontage minimum requirement also, and this lot would only be 70 feet in front. He said the applicant would need a variance to build on the lot with the vacated easement. Mayor Liebl called on Mr. Craig Wi11ey, contract purchaser, and said he had pxomised � at the Pu61ic Hearing that he would make his house plans compatible to the area. He asked Mr. Wi11ey what he intended to do. Mr. Willey addressed the Council and said he had planned a home which would blend in with the general character of the neighborhood and the embankment. He said he had intended to incorporate a mansord roof over the second story, allowing the second story to look like the roof. He said the home would resemble a one story home Councilman Breider said if the building plan is changed to be feasible with the neighborhood, he would still not favor the proposal of vacating the easement. He said the City would need the access on the high ground. Councilman Breider said he thought the City should retain the right of way and roadway, Councilman Breider said he doubted if anyone would want a trail through their front yard. He said the access could not be restricted to the line. He said he could see nothing but problems, and he added, he for one, had made up his mind and would like to retain the easement. Councilman Nee said it was his view to retain the easement a1so. Councilman Breider said he wouLd not want the man to go through a11 of this work, so he would like him to know that he would [1at change his mind The City Elttorney said he had found the ruling on the vacation and it would require � a four vote in favor of vacating the easement in order to vacate a street, alley or highway. He said there is no mention of a utility easement, so he would not shed any light on �his. He said there is no question how many votes it would take to vacate 67th Street. He said he had no information to this effect on the previous item. He said he had not found anything to the contrary, he assumed the motion could be carried with the three to two, ma�ority vote. (�7 REGIILAR COiTNCIL MEETING OF SUNE 18, 1973 PAGE 8 � Mayor Liebl said the Attorney could advise the Councll at the time of the second reading of the Ordinance. He added, he did not want to waste the applicants time. Mr. Willey asked the Council if they would go ahead with the vote at the present time, Mayor Liebl said since they would require a four vote to vacate the street he thought they should vote at the present time. MOTION by Councilman Starwalt to adopt the first xeading of the ordinance, waive the reading, and approve the vacation of the easement for 67th Str?et hetween Fridley and Anoka Streets N. E„ as requested by Mr. Menkveld on Lot 1 and 2, Oak Grove Addition. Seconded by Councilman Breider Upon a roll call vote, Breider voting nay, Starwalt voting aye, Liebl voting aye, Utter voting aye, and Nee voting nay, Mayor Liebl declared the motion failed because it lacked the four votes �_n favor as required by the Charter. CONSIDERATION OF A REQUEST TO CONSIRUCT A SCHOQL BUS GARAGE ON LOT 1, AND THE NORTH 25' OF LOT 2, BLOCK 6, RICE CREEK PLAZA SOUTH AD➢ITION SUBJECT TO ALL EASEMENTS OF RECORD. REQUEST BY RODGER CHRISTENSON, FRIDLEY BUS SERVICE INC (TABLED ,NNE 11, 1973)• The City Engineer said this property is aad has been zoned 6y the original zoning � map of the City of Fridley. He said the property to the south is industrial and the property to the east is residential. Mayor Lieb1 aslced the City AttQraey if there was a legal standpoint or if there was a time limit required for the building. The City Attorney said the property is properly zoned and if all of the code requirements are met, the City is under no obligation to grant a building permit. He said he knew of no exception to this. He said if there is an exception he did not know of it. He said if the matter would go to the district court, the City would have to issue the buiLding permit. Mayor Lieb1 said this is the decision that would be upheld7 The City Attorney said yes. Mayor Lieb1 said Mr. Christenson is meeting alL requirements of the building code. He said al1 of the community is concerned, but the City couLd make some demands to comply with their wishes and solve the probLem. Mayor Liebl said the City is concerned about the creek and would not want to see oils and other pollutions washed into the Creek. He mentioned the traffic problems of the area and said that they had received a report from the City staff, which could comply with the requests of the neighbors Mayor Liebl said there were many residents from the area present at the meeting. The City Manager said his staff had met with Mr. Newquist, Attorney for Mr. Christenson. The City Manager read from the list of 13 stipulations prepared at the meeting. Mayor Liebl asked how many of the items are for screening on the north and east and � generally related to the environmental matters. He asked the City Manager if he would say that at least one half of the stipulations were� The City Manager agreed, saying they plan for trees, drainage and refacing the building ��� REGULAA COUNCIL MEETING OF JUNE 18, 1973 PAGE 9 Mayor Liebl asked the applicant if he was going to live up to the agreement with � the stipulations� Mr. Newquist said the City staff had been fair and tough minded, and they had been in pains taking negotiations with them. Mr. Newquist said Mr. Christenson is prepared to agree with the stipulations when they are reduced to legal form. Mayor Liebl said he would agree to the stipuLations set forth in the meeting with staff on ,Tune 15, 1973. Mr. Newquist said this has been discussed, and they were ready to commit themselves. Mayor Liebl said they had had hearings at both the planning Commission and Council levels, and he appreciated the fact that Mr. Christenson had agreed to cooperate with all of the proposed methods of modification, He said he did appreciate the concern of the people of the area, but when they purchased their property, the Christenson property was zoaed in the present manner and Designware was there. He said they had solved the traffic problems, there would be no traffic on Rice Creek Terrace and Main Street. He said the screening of the area would be good,and they had agreed to put up an attractive facility. He said that these are the facts that have to be weighed. He said he would like to hear what the people have to say, he added there are people in attendance from all of the surrounding areas. Mr. Michael Simon, Attarney, 1821 University Avenue; St. Paul, addressed the Council. Mr. Simon said he was representing Mrs. Pearson, 171 Rice Creek Terrace. He said he thought the area along the creek should be preserved for its natural beauty. He said he was asking the City to prevent Mr. Christenson from using the proposed ' area for his construction, He said in this area, there should be a top notched construction and the applicant was proposing a metal structure, with six big doors, twelve feet high and only one foot in between them, He said this portion of the building would be facing homes which are valued at from $40,000 to $50,000 on Main Street. He said he felt this to be a substantial type of building site� and he would prefer the high density housing, He said the applicant would sti11 be putting up a big metal building with a litlle brick and the buses wouLd sti11 be traveling the area and be stored on the property. Mr. Simon said in the winter months there would be no buffer in the area. He said he thought the property oaly Rice Creek ahould be preserved for a park use as indicated in the Comprehensive Plan. Mr. Simon said he did not know what was to be done about the storage of gas tanks. He said it would only take one explosion to destroy the entire residential area. He said he asked the Council to deay the request by Mr. Christenson. Mr. Simon said he would like the property to be rezoned or zoned down. He said he would not like to leave Mr. Christenson in the lurch. He would also like the Council to allow the people of Che area to consider the special assessment district proposal, He said he would like to know if they would favor this. Mayor Liebl said he knew what the people want and if the City were to comply with their wishes, this would be a step backward. He said the Council would have to look ahead, and be responsible for every action. He said they would have to determine not only the effect on the neighborhood but the effect on the entire City. He said he would have to coasider the recommendations of the City Staff, and he thought they could live with the stipulations. � REGIILAR COiTNCIL MEETING OF JiTNE 18, 1973 18� PAGE LO � Mr. Bud Hamilton addressed the Council and said for one, the existing zoning is improper for the area and two, this land use would destroy the beauty of the area. He said he questioned the present zoning regulations and the Board of Appeals had second thoughts and the Planning Commission also, had second thoughts Mr. Hamilton quoted from the Comprehensive Plan a statement which referred to the thoughts of the Environmental Quality Commission. He said he believed the citizens should have some input in the matter. He mentioned a number of persons who were opposed to the construction and signed petitions stating this. Mr. Howard Grivina, 261 Rice,Creek Terrace, addressed the Council and said he had mixed thoughts about the proposed conctruction as he was a good friend of the Christenson's and also did reside in the area. He said he had Uought his home in 1958 when the area was sandunes and was told at the time that the land was zoned light industrial. Mr. Bruce Lundberg, 230 Rice Creek Terrace, said the first he knew of the proposed construction was when he got a note from Mr. Hamilton. He said he would like to raise a few questions. If Mr. Christenson is allowed to build the garage and the construction does meet the code, what i£ he expands� He questioned if this would conforn with the standards of the pollufion control agencies. He asked ii they would go along with the gasses from the buses� He said the propo;ed buffer zone would �ust be a line of trees and in the winter months there would be no leaves and no screening. He said this would be the time when the buses are in use. He asked the possibilaty � of stipulating Mr. Christenson put in some fu11 grown evergreens, and this would screen in both summer and winter. Mr. Lundberg said he �ust recently moved to the area and was not made aware of the proposal when he purchased the home. He said he feLt the metal building was ob�ectionable. He said if the traffic could 6e cut down, and the noise and odors kept away, he would have no ob�ections. Mr. Frank Nebe1, 6961 Hickory Circle, representing the Locke Lake Home Owners Association said the group was concerned about any possible pollution from tt�e creek into Locke Lake. He asked if the applicant had received any review by the Rice Creek Water Shed District? Mr. Christenson said they would be in attendance in a meeting of the Water Shed District the next evening, Mr. Nebe1 said he had heard that materials would be put into a culvert by the rail- road tracks, he said he would not like to see this. The City Engineer said this would be the same material that is going into the culvert at the present time and it would be their idea to control this once the area is paved. Mr. Andrew Kohlan, 236 Rice Creek Blvd., said he lived on the north side of the creek. He said he did not intend to speak on the currently being discussed matter, � but there was a point that he would like to make the Council aware of He said the direction that the wind is blowing has alot to do with the pollution of the area from the motorized activity of the park. He said the noise, vibration and odors from that area drift to the people on the east 1 �0 REGIILAR COUNCIL MEETING OF JUNE 18, 1973 PAGE 11 Mr. Carl Zuk, 281 RiceCreek Terrace, said some consideration should be given � to the traffic of the area. He said there is now �ust a few people using Second Street and it is hard enough to get access. Mr. Zuk asked if there would be a traffic light? The City Engineer said this would be installed. The City Engineer said the plans call for additional storage and stacking room for easy entrance. Mr. Zuk asked how the bus would be able to make a"U" turn. Councilman Breider asked if the home on the hill would be removed. The City Engineer said yes. Mayor Liebl said there would be no traffic from the buses in Mr. Zuk's area. Mr. Zuk said his children had been walking to school for years. Councilman Nee said the matter was a real dilemma. He said the staff had worked with Mx. Christenson to set up the necessary framework and he believed they had done a good �ob. Ae said he is always in favor of purchasing land for public land when it is on the creek. Councilman Nee said he thought a11 were in agreement, that the law would have to be obeyed, and this would not give the City alot of room for movement. MOTION by Councilman Breider to grant Mr. Christenson approval of his request to construct a School Bus Garage with the thirteen stipulations agreed upon, approving the variaaces and also stipulating that brick should be used as facing on the east side of the building, not only by the doors, but all portions, and that evergreens be planted for screening on the east side. Seconded by CounciLmsn Utter. ' UPON A ROLL CALL VOTE, Breider, Starwalt, Liebl, Utter, Nee voting aye, Mayor Lieb1 declared the motion carried unanimously. R�CESS: Mayor Liab1 called a ten minute recess at 11;20 p.m. RECONVENED: Mayor Liebl reconvened the meeting at 11:43 p.m. CONSIDERATION OF A REQUEST BY JOSEPH RICHTER, 165 STONYBROOK FOA ADDITIONAL CONSTRUCTION ON CREEIC RCTAINING WtILL: Councilman Nee said he had requested this item be placed on the agenda. He said Mr. Aichter resided north of Mr. Dumphey. He said the retaining wa11 ends ,7ust short of his property and he would like two more stacks of railroad taes to complete the wal1. He said he had advised Mr. Richter that he was not sure that this could be done. The City Engineer said this would involve $500 to $600 in expenses and he was leary as to where this would stop if i*_ was started. Councilman Starwalt said he was also aware of this request for Mr. Kenneth Korin, � 6051 Ben�amin St. N.� , and he had requested them to repair damage done by the City in road construction where the roots of trees had been left exposed. l91 REGULAR COUNCIL MEETING OF JUNE 18, 1973 PAG� 12 � The City Engineer said the ties had been obtained by the City with no charge up to the present time, and he questioned if this would be done in the future. MOTION by Councilman Nee to authorize the City Engineer to spend $600 for the reinforcement of the retaining wa11 for Mr. Richter and also for ties for Mr. Kenneth Korin, 6051 BenjamLn St, N, E., for the purpose of a retaining wall to cover exposed tree roots. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried uanaimously. DISCUSSION ON PROJECT 103 - INNSBRIICK AND RECEIViNG REPORT OF MEETING OF JUNE 13, 1973 BY ASSISTANT ENGINEER, RICHARD SOBIECH: The City Engineer said this was a water, sewer and storm sewer pro�ect which is behind time in completion. He added, the last few months there has been an attempt made to get the contractor to complete the work, but there are a number of problems relating to workmanship in the trenches, and pipe lines. The City Engineer said there is concern over whether the pipe trenches would settle. He said the Dunkley Surfacing Company, the contract�r for the �ob, had requested that Suburban Eagineering had to be relieved from the inspection. The City Engineer said the City Attorney could elaborate on what he has done with the BondirFg Company. He added, the residents are concerned about the roads and the access. � The City Attorney said he had been in contact with the Boading Company. He added, this is not the type of item that caa be pin pointed for cost, it is a repair item and the exact amount cannot be determined until the contractor is involved in the repair. MOTION by Councilman Breider to receive the report on the meeting prepared by Richard Srnbiech� Assistant Eng�neer, dated June 13, 1973, and authorize repair work by force account contractor. Seconded by Councilman Utter. Upon a voice vote, a11 voting aye, Mayor Lieb1 declared the motion carried unaaimously. CONSIDERATION OF APPROVAZ OF ISLAND OF PEACE LEASE AGREEMENT• The City Attorney said there were additional items which should be included in the Lease agreement. He said he would like some definition on the maintenance of the Island and also adequate insurance for liability. He said he would like the City to remain harmless to any claims. He added, he would like some agreement that there would be no improvements made until the plans for such improvements are reviewed for concegt by the City. He said he felt the lease was proper as a short term lease and the lease could be changed to a long term lease after the completion of the improvements. Mr. Andrew Kohlan, Attorney for the Islands of Peace, addressed the Council and said the maintenance should be done by those do�ng the improvements far the present time. He added, it would be difficult for the City to determine what is wanted � during the construction time. Mr. Kohlan said there is an agreement being written in the matter of public liability, Mayor Lieb1 said the City Attorney wants to know if there is protection. The City Attorney asked Mr. Kohlan what amount the insurance was� Mr Kohlan said $50,000 to $100,000 for each person. The City Attorney said he would Like this amount to be larger. Mr. Kohlan said this could be taken care of IJ� REGULAR COUNCIL MEETING OF JUNE 18, 1973 PAGE 13 Mayor Liebl asked Mr. Kohlan if he had any objections to the stipulations brought ' up by the City Attorney? Mr. Kohaln sald not on his part. Mr. Kohlan said there are some trails to be constructed on the property and the plans and specifications have been shown to and discussed with the City. He added, the Navy Seaoees are coming into the area the next week. Ae said he did not approve of item number three. He would like the area posted as off Limits during the time of construction. He said he would not want any interference when the work is being done. He said this wouLd cause an extra hazard. He stressed, he would like the area closed during the construction period. The City Attorney asked the City Manager if he had received plans of the location of trails and if they had provided satisfactory information to the City. The City Manager said yes, they had and wi11 receive any plans of future construction of trails. He said the Administration had seen the plans. The City Attorney said it can be put in that the trails will be approved by the City and any future construction will be reviewed and approved by the City. Mr. Kohlan said the culverts would have to be extended to a11ow the machinery access to the property. Mr. Wilmes said the installation of trails would disturb the area as slightly as possible. He added, the work had been donated by many people. Mr. Kohlan said the ground breaking would be the coming Saturday and the trails � would be installed exactly as planned. He said he would take care of the matter of the liability policy. MOTZON by Councilman Utter to approve the lease subject to the stipulations recommended by the City Attorney that the amount of liability be increased, that the policy on maintenance be established, that the City be held harmless of any claims, that there be no future construction until the City approves the plans. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl decLared the motion carried unanimously. RECEIVING REVENITE SHARING PLANNED USE REPORT: The City Manager said the Deaprtment of Treasury requires that Planned Use Reports be completed for revenue sharing funds for the third entitlement period prior to June 20, 1973 for the period Sanuary 1 to June 30, 1973. The City Manager said he recommended that the payment of the balance of the new fire truck, $60,000, the payment of the balance of Peter Pirsch fire truck, $5,835, and $8,701 for the purchase of park land. MOTION by Councilman Utter to concur with thej'�ecommendations of the Crty Maaager and approve the planned use report and direct the administration to prepare necessary amendments to the 1973 budget for consideration and action. Seconded by Councilman Starwalt. Upon a voice vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously. ' REGULAR COUNCIL MEETIIdG OF ,NNE 18, 1973 1�� PAGE 14 � AUTHORIZATION FOR ACQUIRING EASEMENT, BYRON B. DAVIS, SR. (STEVENSON WALKWAY): Tne City Manager said Mr. Davis is planning on selling his home, and therefore, requested the City proceed with the easement plans. He added, the payment was close to the payment of the other persons involved, MOTZON by Councilman Nee to concur with the recommendation of the City Manager and purchase the easement for the walkway from Mr. Bud Davis. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF ITEMS REGARDING NORTH PARK: MOTION by Councilman Breider to receive the report on the financing of the North Park Development by Ehlers and Associates. Seconded by Councilman Utter. Councilman Nee said what disturbs him was that the report was not drawn on the basis of the Brauer report. He said he had not antici- pated they would not include the report on tnrning Locke �ark into a nature center. He said the report had zncluded information for the installation o£ a golf course in North Park and the establish- ment of the nature center in Locke Park and the Ehlers report had � not done this. The City Manager said this would just be a matter of running a com- puter run on this. Councilman Nee said he would want this to be done. The City Manager aske3 if there were any more questions. Councilman Breider said the Brauer report had included and then excluded items for a differeniial in cost figures. He said an example would be the facility would cost "x" number of dollars with black top and if this were excluded it would cost this much less. The City Manager said some of the facilities could be added later and not at the time of the original construction. Councilman Nee said he had the feeling that the gentlemen had planned a very lavish nature center for $200,000. He added, he did not know the implications of this. He said he would like to see a little more modest cost on the development of the nature center. Mayor Liebl asked Councilman Nee if he would like the area fenced and left? Councilman Nee said he could raise a question of the earth moving costs of $80,000. He added, he did not know how the area could be left natural with $80,000 in earth moving expenses. He also questioned the amount set aside for tree grubbing. He said he did not know who favored this except Brauer. , UPON A VOZCE VOTE, all voting aye, Mayor Liebl decl�,red the motion carr�'ed unanimously. 1 J �� REGULAR COUNCIL MEETING OF JUNE 18, 1973 PAGE 15 REQUEST PROM LEAGUE OF WOM�N VOTERS REQUESTZNG TLME ON AGENDA FOR MR ALAN MAHL, DIRECTOR OF OPERATTONS QF THE NATURAL SCTENCE FOR YOUTH Mrs. Barbara Hughes, addressed the Council and said Mr. Mahl was no longer in attendance. She said he had made a short over view of the funding and has some questions in the area of spending $20D,000. Mrs. Hughes said Mr. i�fahl I-iad le£t a sample budget with Paul Brown and the City Manager. Mrs. Hughes said Mr. Mahl would submit a letter with valuable information the next week. MOTION by Councilman Nee to receive the letter. Seconded by Council- man Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carxied unanimously. Coucnilman Nee asked Mrs. Hughes to encourage Mr. Mahl to get the letter to the Council before the hearing. Mrs. Hughes said an unsigned letter would be coming from him followed by a signed letter. RECEIVING CONfMUNICAT�ON FROM DUANE E. PRAITtIE VOTING �N NORTH PARK. � MOTION by Councilman Nee to receive the letter from Duane E. Prairie, dated June 13, 1973. Seconded by Councilman Breider. Upon a voice � vote, all voting aye, D4ayor Liebl declared the motion carried unanimously. RECEIVING CONIMUNICATION FROM DOUGLAS A. PETERSON VOTING ON NORTH PARK: MOTION by Councilman Utter to receive the letter from Mr. Douglas A. Peterson, dated June 13, 1973. Seconded by Councilman Breider. Upon a voice vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE NORTH PARK MEETING OF MAY 22, 1973: MOTION by Councilman Breider to receive the minutes o£ the North Park Meeting of May 22, 1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unani- mously. T OF CITY MANAGER TO TAKE VACATION LEAVE JULY 1- 18. 1973: AND APPOINTMENT OF ACTING CITY MANAGER. MOTION by Councilman Nee to approve tI�e request b� the City Manager to take vacation �rom July 1, to July 18, 1473. Seconded by Counc�,l- , man I3reider. Upon a voice �rote, a11 voting aye, 'Mayax Lzebl declared tfie motion carried unanimously 1J5 R�GULAR CQUNCIL �EETING��OF JUNE 18, 1973 PAGE 16 � M�TZON by Counczlman Bxe�der to appoxnt Mr. James Hill, Assistant Cxty Manager/Public Safety Director, as acting City Manager for the two week period of tfie City Manager's vacation. Seconded by Council- man Nee for discussion. Councilman Breider said he was talking about a period of two weeks and there are two Assistant City Managers. He said he was thinking about the efficxency of having more than one man able to handle the duties of the administration. He said if they would rotate, this would be good for the City. Mayor Liebl said the City Engineer and the Administrative Assistant could also be considered in the rotation. UPON A VOICE VOTE, Starwalt, Liebl, Nee, and Breider voting aye, Utter abstaining, Nlayor Lxebl dec�ared the motlon carried. RECEIVING THE MINUTES OP THE PLANNING COMMISSION MEETING OF JUNH 6, 1973. ST FOR LOT SPLIT, L. S. #73-D5. BERNARD JULKOWSKI The City Engineer said that there is a parking problem in the area. He said the Administration has tried to work out � the problem with Mr. Julkowski and the �gartment owner to make zt a part of the apartment area. He said negotiations had gone on and no progress had been made. The City Attorney suggested tablzng the item until Mr. Julkowski was in attendance at a meeting. MOTZON by Councilman Starwalt to table the request for the lot split by Mr. Bernard Julkowski. Seconded by Council- man Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. LOT SPLIT REQUEST: L. S. #73-07, DAVID S. NnCKA: SPLIT OFF THE WESTERLY 10 FEET OF LOT 32, REVISED AUDITOR'S SUBDIVISION N0. 77, TO BE PURCHASED BY THE OWNER OF LOT 31: MOTION by Councilman Utter to concur with the Planning Commission and approve the lot split requested by Mr. David S. Mycka. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. The City Engineer said the remaining items did not require Council action. � MOTION by Councilman Breider to receive the minutes of the Planning Commission meeting of June 6, 1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. 1�� REGULAR COUNCIL MEETING OF JUNE 18, 1973 PAGE 17 RECEIVING THE MINUTES OF THE BUILDING STANDARDS DESIGN CONTROL SUBCOMMITTEE A4EETING OF JUNE 7, 1973: REQU�ST TO CONSTRUCT A STEEL GARAGE FOR THE PURPOSE OF STORING SCHOOL BUSSTS LOCATED 0� LOT 1. BLOCK 6, AND THE The City Engineer said this item had been taken care of. C�NSIDERATION OF A REQUEST TO CONSTRUCT 155 TOWNHOUSE The City �ngineer said this item was pending before the Planning Commission. He added, the administration had asked for plans and they had not submitted.them. He said they should be submitted before July 1, 1973, because of the additional SAC charges. The City Engineer said they had been notified several times. CONSID�RATION OF A REQUEST TO CONSTRUCT A DIESEL FUEL 1 SSy�01: The City Engineer said this had been discussed. MOTION by Councilman Nee to receive the minutes of the Building Standards Design Contral Subcomnittee Meeting of June 7, 1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. REC�IVTNG THE MINUTES OF TH� BOARD OF APPEALS MEETING OF JUNE 12, 1973: A REQUEST FOR A VARIANCE OF SECTION 45.102 2A, FRIDLEY CITY C DE, TO ALLOW THE PARKING OF C MMERCIAL VEHICLES ON THE L ED A 3 U IVER T VENUE N.E.. T E ME , � SERVICE STATION. � ' � 19� � REGULAR COUNCIL MEETING�,OF JUNE 18, 1973 PAGE 18 The City Engineer said the request was for parking of commercial vehicles on the premises and the Board of Appeals had recommended denial of the request. MOTION by Councilman Nee to concur with the recommendations of the Board of Appeals and deny the request by Mr. Castonguay to park commercial Kehicles on the premises at 5333 University Avenue N.E. Seconded by Councilman Breider. Mr. Paul Castonguay addressed the Council and stated the request had come because it was � time �f crisis and he t.�ought they siiould pull together in that crisis. I-Ie said if the product was available this request would not have been made. He said he had improved the property and done whatever the City had asked. He said he also owned property on East River Road and had improved this property considerably. Mr. Castonguay said he thought he had been on the up and up with the Council, and now he was requesting a little breathing room. Mr. Castonguay said the people had referred to the large � ruts in the area, and they were there when he purchased his business. He said he would like some help for about six months. Mayor Liebl said he had represented this area and when Metro "SDO" came into the area, they had experienced a lot of problems. He said he had complaints from the neighborhood on the way the property was handled. He said the complaints were up to his ears. He said it is in a residential area and it is right along T. H. #47 and it looks bad. He said he did not know about the rest of the Council, he thought Mr. Castonguay could have done a little house keeping. Mayor Liebl said he knew what he was up against, but the people wanted him to be a little neater. Mr. Castonguay said he had never received a letter or notice that there were any problems there. He said he did not know how this would be a determining factor. Mayor Liebl asked if he was operating the business. Mr. Castonguay said this was not by his choice. Mr. Caston= guay said he thought the present treatment was a little harsh and left the meeting. � UpON A VOICE VOTE, all ❑otxng aye, Mayor Liebl declared tIie motion carried unanzmously. MOTION by Councilman Nee to receive the mznutes of the Board of Appeals Meeting of June 12, 1973. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. l�� REGULAR COUNCIL MEETING OF JUNE 18, 1973 PAGE 19 RECEIVING TI-IE MINUTES OF THH ENVIRONMENTAL QUALITY COMMISSION ' ME�TING OF M�1Y 29, 1973: MOTION by Councilman Utter to receive the minutes of the Environ- mental Quality Commission Meeting of May 29, 1973. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECE NING THE MINUTES OF TH� ENVIRONMENTAL QUALITY CONIMISSION MEETING OF JUNE 1'i��5� : MOTION by Councilman Nee to receive the minutes of the Environmental Quality Commission Meeting of June 12, 1973. Seconded by Council- man Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unaninously. RECEIVING THE MINUTES OF THE CABLE TELEVISION COMMISSION MEETING MOTION by Councilman Breider to receive the minutes of the Cable Television Commission Meeting of May 7, 1973. Seconded by Council- man Utter. Upon a voice vote, all voting ave, Mayor Liebl declared the motion carried unanimously. Councilman Nee said he had an item for the consideration by the � Council, but because o£ the lateness of the hour, he would like to continue the discussion on the matter until tfie next meetang of the Council. Councilman Nee said he would like to know the jurisdiction of the FCC. Councilman Nee said his questions concerned two points he would like to raise at the Public Hearing. MOTION by Councilman Utter to receive the communication from Councilman Nee regarding questions to be submitted to the Pederal Communications Commission. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Councilman Nee asked if the item could be discussed on the next week's agenda. Mayor Liebl said yes. Councilman Nee said he thought the letter should submitted as questioned by the City, not by the franchise holder. Mrs. Barbara Hughes asked if it would be possible to continue the Public Hearing? Mrs. Hughes listed the point in question brought up by the members of the Cable Television Commission at their recent meeting and said they would be meeting again before the Public Hearing. Mrs. Hughes said the Commission would be making a recommendation to the Council. , 19� REGULAR COUNCIL MEETING OF JUNE 18, 1973 PAGE 20 � RECEIVING THE MINUTES OF THE CHARTER CO�IISSION MEETING OP MAY 15, 1973. MOTION by Councilman Nee to receive the minutes of the Charter Commission Meeting of May 15, 1973. Seconded by Councilmaa Starwalt. Upon a voice vote, all voting aye, �ayor Liebl declared the motion carried unanimously. APPROVAL OF LEASE AGREEMENT WITH LITTLE LEAGUE OF FRIDL�Y, INC., BLOCK 16, MOORE LAKE ADDITION. MOTION by Councilman Utter to approve the lease agreement with the Little League of Pridley. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING SUMMONS WITH REFERENCE TO KARY BENNET, INDIVIDUALLY AND Mayor Liebl asked if the City Attorney should be directed to handle the matter. The City Attorney said he would be happy to, but he thought this � may be a duplication of e£fort if he were working in this direction while the Attorneys for the insurance company were doing the same thing. The City Attorney continued saying he would cooperate with the insurance company attorney if he should call on him, if not, he thought the entire matter could be handled by them. MOTION by Councilman Utter to turn the matter over to the �nsurance company. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF A RESOLUTION APPROVING CIIAPT�R 594 MINNESOTA LAWS OF 1973 - APPROVAL OF CHANGES IN THE FRIDLEY FIRE R�LIEF ASSOCIATION RETIREMENT PLAN: Mayor Liebl said this item would be tabled until the July 2, 1973 meeting of the Council. RES�LUTION #75-1973 - DIRECTING PREPARATION OP ASSESSMENT ROLL FOR MOTION by Councilman Utter to adopt Resolution #75-1973 directing and preparing of Assessment roll for Sanitary Sewer, Water, and Storm Sewer Improvement Project No. �02. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. � 2�� REGULnR COUNCIL MEETING OF SUNE 18, 1973 PAGE 21 RESOLUTION #76-1973 - llIRECTING PUBLICATION OP HEARING ON PROPOSED ASSESSMENT ROLL FOR SANITARY SEWER, WATER, AND STORM SEWER IMPROVE- MENT PROJECT N0. 102: MOTION by Councilman Utter to adopt Resolution #76-1973 directing publication of hearing notice on proposed assessment roll for sanitary sewer, water, and storm sewer improvement project No. 102. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unan3mously. RESOLUTION #77-1973 - AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASS�SSMENTS ON LOT 13, PARCEL 900 AUDITOR'S SUBDIVISION N0. 129, AND R�PLATTING INTO JIA4 LUND ACRES ADDITION• MOTION by Councilman Breider to adopt Resolution #77-1973, authorizing and directing the splitting o£ special assessments on Lot 13, Parcel 900, Auditor's Subdivision No. 129, and replatting into Jim Lund Acres Addition. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CLAIMS: G�NERAL 32170 LIQUOR 7847 - 32298 - 7905 MOTTON by Councilman Breider to approve the claims. Seconded by Councilman Vee. U�ron a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. LICENSES: TYPE OF LIC�NSE ON SALE BEER Jimbo's Pizza Z48 Dlississippi St. Fridley FOOD ESTABLISHMENT : James Schooley Golden V - Bonbay House 5865 University Ave. Fridley Chander Mehta PUBLIC DRINKING PLACE Frontier Club 7365 Old Central Fridley Howxes 240 Mississippi St. Fridley 7�'[axlene �ovlitzki Howard Nelson APPROVED BY Public Safety Dir Comm. Dev. Adm. Anoka Cnty Health Qublic Sa£ety Dir Public Safety Dir. FEE L J , 120.00 ZS.00 100.0' 100.00 REGULAR COUNCIL MEETING OF SUNE 18, 1973 � TYPE OF LICENSE BY - BOTTLE CLUB Knights of Calumbus 6831 Hwy. 65 � � Fridley North Air Homes Assn CIGAREITE Golden V - Bornbay House 5865 University Ave. Fridley Chander blehta BLACKTOPPING B. F� L. Trucking Co., Inc. 11659 Flintwood Street N.W. Coon Rapids, MN Gustafson Blacktop Co. 516 - 4th St. N.E. Minneapolis, MN GENERAL CONTRACTOR D. W. Construction Inc. 8804 Lexington Ave. New Brighton, MN House Clinic Store 3918 West 491/2 St. Mpls, Minnesota HEATING Loosen Inc. SSO No. Willow Dr. Long Lake, MN Northtown Plumbing Co, Inc. Route 1, Box 101 Elk River, MN Suburban Heating, Inc. 2050 White Bear Ave. St. Paul, Minnesota By: Donald Berg PAGE 22 APPROVED BY �� � FEE Public Safety Dir. 2D0.00 Public Safety Dir. APPROVED BY By: James Gustafson By: Donald Wehlast By: Rolf Kirkegaard By. Robert Atkzns By: Thomas W. Ve�t C. Belisle C. Belisle C. Belisle C. Belisle W. Sandin W. Sandin By: Ernest A. Johnson W. Sandin 12.00 20 `�� REGULAR COUNCIL MEETING OF JUNE 18, 1973 PAGE 23 MULTIPLE DWELLING LICENSES September 1, 1972 Sept. 1, 1973 Name Albert Johnson 6211 Riverview Terr. Fridley 55432 Paul Burkholder (Rose Real Estate) 6229 University Fridley 55432 See Above Cheryl �, Richard Veth Pearl �, Roland Waller 6071-73-3rd St.N.E. United Realty 790 So. Cleveland St. Paul 55116 Address 137 Miss. 7673 East River Rd. 106-77th Way 6071-73-3rd St 290-61st Ave. 5701 Central Units Fee 4 3.35 Pro-rate 5-1-73 4 5.00 (6 mo. ownership) 4 5.00 (6 mo. ownership) 3 2.50 (3 mo. ownership) 32 �3.Z5 (Pro-rated) ved b Fire Prev. Bureau Robert D. Aldrich Fire Prev. IIureau Robert D. Aldrich Fire Prev. Bureau Robert D. Aldrich Fire Prev. Eureau Robert D. Aldrich Fire Prev. Bure Robert D. Aldri� See Above 5700 Polk 32 23.25 Fire Prev. Bureau (Pro-rated) Robert D. Aldrich MOTION by Councilman Breider to approve the Licenses. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ESTIMATES. Councilman Nee said he thought the estimate submitted by Brauer should be held until after the presentation and Public Hearing on the North Park matter. The City Manager said this would not com- plete the payment to Brauer and Associates. Brauer $ Associates, Inc. 6440 Flying Cloud Drive Eden Prairie, Minnesota 55343 Golf Course and Nature Center Feasibility Study May 25, 1973 billing IIall, Smith, .Tuster, Fe�kema, F� Haskvitz 1050 Builders Exchange Building Minneapolis, MN 55402 Services rendered by Prosecutor in representation of City in Criminal Matters. Dated June S, 1973 $ 2,500.00 1,100.00 ' ' � � REGULAR COUNCIL MEETING OF JUNE 18, 1973 Dycon Corporation Route No. 1 Monticello, Minnesota 5536Z FINAL �stimate #3, Sanitary Sewer and Water Improve- ment Pro�ect No. 105-1 Comstock $ Davis, Inc. 1446 County Road "J" Minneapolis, Nlinnesota 55432 PINAL Estimate #2, Sanitary Sewer �, Water Improve- ment Pro�ect No. 105-1 Bury �, Carlson, Inc. 6008 Wayzata Blvd. Minneapolis, i�N 55416 Partial Estimate #3, Street Improvement �ro�ect ST. 1973-1 Partial Estimate #3, Street Improvement Pro�ect ST 1973-Z Northdale Construction Company 8208 Northwood Parkway Minneapolis, Minnesota 55427 Partial Estimate #1, Sanitary and Storm Sewer and Water Improvement Pro�ect #112 Comstock F, Davis, Inc. 1446 County �oad "J" Minneapolis, Minnesota 55432 Partial Estimate #3, Street Improvement Pro�ect No. 1973-1 $ 2 from April 30 through May 25, 1973 Partial Estimate #1, Sanitary Sewer F� Water Improvement Project No. 112 from May 21 through May 25, 1973 , � .; PAGE 24 $ 3,776.22 329.59 67,924.01 21,702.00 17,345.74 1,062.97 434.02 Partial Estimate #17, Sanitary Sewer, Storm Sewer F, Water Improvement Pro�ect #102 from April 30 through May 25, 1973 59.38 Partial Estimate #3, Water Improvement Project No. 109-A from April 30 through May 25, 1973 Partial Estimate #4, Water Improvement Project #111 from Aprll 30 through May 25, 1973 Weaver, Talle, F� Herrick 316 East D4ain Street Anoka, Minnesota 55303 May billing for services rendered 149.16 592.13 1,695.00 ���� REGULAR COUNCIL MEETING OF JUNE 18, 1973 PAGE 25 MOTION by Councilman Nee to approve the estimates. Seconded by , Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF SIDE YARD ASSESSMENT POLICY: The Finance Director said this matter went back to the discussion regarding the assessment of side yards on 67th Avenue and Rice Creek Terrace and 7th Street. He said it had been the policy of the City to never cross the street with this type of assessment. The Finance llirector said in this instance if the street would never be put in next to Red Owl, they could go farther up the street. Mayor Liebl said this would be a different direction for the side yard assessmant policy. The Finance Director said he was saying if the street is never going to be put in, they could go up the block with the assessments. Mayor Liebl said the people assessed would have to receive some benefits. He asked if the City could legally spread the 7th street assessments to 67th �lvenue? The City Attorney said i£ the City feels they want to do this there ' should be some Justification from the staff and a reason for this prepared in report form. He said the reasons for doing this and the reason it would be differenx from the previous policy should be stated. He said there should be some indication of the incon- sistancy of policy. He said if the property on the block is bene- fited by this, this would deviate from the normal situation. Mayor Liebl asked if this would be setting a bad precedent? He said if the improvements are made would these people receive the benefits. The �'ity Attorney said this would depend on what policy the City wants under this set of facts. Does the City feel the improve- ments are going to benefit the entire block, he questioned. He said there should be a stateTnent in the records to uphold this decision in the case that someone wants to a� peal the decision. Mayor Liebl asked the Finance Direct6r if he would prepare a report stating why this situation would be different and why the people would benefit. Councilman Breider asked if the assessments would include Rice Creek Terrace to the end o£ the Street. He added, the people have to get into the area from somewhere. He asked Iiow these people had been assessed, there is no road in thare. ' Councilman Utter said there was a road there at one time. �C�� REGULAR COUNCIL MEETING OF JUNE 18, 1973 PAGE 26 � Councilman �1ee said the assessments were never spread on the north side. He said the claim is that everyone on Rice Creek Terrace would be using 7th Street. He said they would be using it on the north side and they had never been assessed. He said they had never paid a side yard assessment. � � Mayor Liebl said to the Finance Director that he should draw up a report stating the reasons why the Czty should assess these people in a different manner than the original side yard assessment policy. Councilman Breider said he would like to see a report on how far the assessments would be spread up the street and what the cost figures would be for this assessment. The Finance Director said if the assessments would go across the Street, the City would have to hold an assessment hearing on the matter again. He said these people were not notifled at the pre- vious hearing. Councilman Breider said he would like some dollar iigures presented. MOTION by Councilman Breider to authorize the Finance Director to prepare a report stating why this situation deviates from the normal policy and present actual assessment figures and areas affected. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #78-1973 - AUTHORIZIPdG MULTI- ENIPLOYER APPROACH WITH REGARD TO POLICE DEPARTMENT BARGAINING FOR THE 1974 AND FUTliRE CONTRACT YEARS: �fOTION by Councilman Breider to adopt Resolution #78-1973 authorizing a multi-employer approach with regard to Police Department bargain- ing for the 1974 and future contract years. Seconded by Councilman Nee, Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. PRESENTATION BY PARK COMMISSION CHAIRMAN ON PURCHASE OF LOTS 2 AND 3, VIET'S ADDITION: Mayor Liebl said this item should be continued until the Chairman of the Parks and Recreation Commission was present to discuss the item. Councilman Utter said he thought this was a good price. He added, it is the thought of the Park Board that the area young people could use the school property for recreation after the completion of the walkway. MDTION by Councilman UCter to table the matter until the Chairman of the Parks and Recreation Commissi.on was present. Seconded by Councilman Brexder. Upon a voice vote, all votzng aye, A?avox LieHl declared tfie motion carried unanimously. 204� REGULAR CC7UNCIL D4EETING OF JUNE 18, 1973 PAGE 27 RECEIVING THE MINUTES OF THE NORTH PARK COMMITTEE MEETING OF JUNE 12, 1973: MOTION by Councilman Breider to receive the minutes of the North Park Committee Meeting of June 12, 1973. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. COMMUNICATIONS�: RICHARD FUDALI. FIVE SANDS: FENCING ON 79TH WAY: A40TION by Councilman Breider to receive the communication from Richard Fudali, dated June 8, 1973, regarding fencing on 79th Way. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING COMMUNICATION FROM FRIDLEY YOUTH FOOTBALL ASSOCIATION: MOTION by Councilman Breider to receive the letter and waive the fees. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ADJOURNMENT. MOTION by Councilman Breider to adjourn the meeting. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the Regular Meeting of the Caty Fridley Council of June 18, 1973, ad�ourned at 1:10 a.m. Respectfully submitted, ,- - ✓��.u.--�za_% � i� (� Cy I I'�A� � . � Patricia Ellis Frank G. Liebl, Mayor Secretary to the City Council , 1 '