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09/17/1973 - 00016230� �J ���; THE MINUTES OF THE PUBLIC HEARING MEE7ING OF THE FRIDLEY CITY COUNCIL, SEPT. 17, 1973 The Pu61ic Hearing meeting of the Fridley City Council was called to order at 7:35 p.m., September 17, 1973, 6y Mayor Liebl, PLEDGE OF ALLEGIANCE: Mayor 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: Nee, Breider, Starwalt, Liebl, Utter None. Mayor Liebl said he would like to add a communication from the National League of Cities concerning the appointment of Councilman Breider to the Public Safety Committee. Councilman Breider said he would like to add an item under New Business, bringing back from table the rezoning request by Mr. Robert Schroer concerning the property north of 79th Avenue N. E. MOTION by Councilman Starwalt to adopt the agenda as amended. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimausly. VISITORS: PROGRESS REPORT ON LOGIS BY TED WILLARD: Mr. Willard addressed the Council and presented a brief summary of the LOGIS program and an explanation of the title to the Council and audience. Mr. Will,ard said Fridley had contributed $26,000 to the program and this commun}ty was one of 10 mem6ers. Fridley had been choosen to act as the Pilot�City for the program six months ago. Ne said the reason for this choice was mainly because of the knowledge of the City Manager and the smooth running administration in Fridley. He added, some member communities are not fortunate enough to have such an administration. Mr. Willard explained the cost targets have been met and he would appraise the program as an unqualified success. He added, the system and the City of Fridley were fortunate to be able to create the test system before entering into a contract. He said the cooperation of the Fridley staff has been a major determinate in the success of this venture. Mayor Liebl commented he understood that the work was right on schedule and the program is progressing �ust as it was anticipated. Mr. Willard agreed and said the system has accomplished something that has never been done in the past b'y any other group. Mr. Richard Harris, 6200 Riverview Terrace N. E„ asked if there was a determined amount that the system had saved the City of Fridley. Mr. Willard � explained the amount put into the system by Fridley was at this point an out of pocket expense and has been matched by the other communities involved and also the Metropolitan Council. He thought at this time, it would not be possible to calculate the savings. He added, the system has made it possible to provide much more accounting background and provide data for services and cost studies. He said in time the use of the computer would stablize the cost and make it possible to acquire more information. Mr. Harris asked if the City feels they are not getting the benefit of the system, are they tied to it? Mr. Willard pointed out any member may withdraw from the group at any time. He said there will be no decisions made until the facts are obtained. Mayor Liebl thanked Mr. Willard for his presentation. i('� PUBLIC HEARING MEETING OF SEP7EMBER 17, 1973 MR. JOHN DOYLE: MR. JEFF CARSON, A7TORNEY FDR MR. DOYLE: PAGE 2 Mr. Carson, Attorney for Mr. Doy7e, addressed the Council and asked if the item concerning Mr. Doyle would be on �he agenda that evening. He said he would like it scheduled for November 3, 1973 if possible. He believed the matter would have to be reviewed by the Planning Commission before the Council reviewed it. Mayor Liebl said the members of the Council had received a report from the Acting City Manager on the matter, 6ut there was no mention of the matter on the agenda. Nir. Doyle asked which meeting this item would be considered at. Councilman Utter thought this would be done at the October 15, 1973 meeting and would be late in the month because of the legal holiday. Mayor Liebl advised Mr. Doyle's Attorney to get 9n touch with the City Attorney and try and work out something that would be agreeable. MR. EDWARD FITZPATRICK: 5273 HORIZON DRIVE: Mr. Fitzpatrick addressed the Council and said he was speaking for himself and on behalf of some cittzens of the City of Fridley and would like to request the City to make a formal requ�st to the Metropolitan Airport Commission for the use of J�nes Field for a Fr�d7ey go7f course. Ne said if this is done, the portion of the property should be specific to enable the M.A.C. to respond to the request. Mr. Fitzpatrick said he was concerned if there would be no feasible way to develop a nature center at this time, he would like the site of North Park to be preserved for future generations in its present form. Mr. Fitzpatrick said he would like the recommendations in the Brauer Report to be investigated, and one of the recommendations was to determine the possible use of Janes Field as a site for a Fridley golf course. Councilman Nee said he had read the report and thought there was a possibility of talking to BTaine about the recommendation. He explained this had been avoided because of a political problem, but �;� prohlem no longer exists. He thought a ma�ority of the elected officials in Blaine would favor such an idea. Councilman Utter recalled the City of Fridley had already contacted Blaine and they said they were open to t�e idea of the golf course in Blaine. He added, they could not give the City of Fridley an okay, the City of Fridley would have to go to M.A.C. Councilman Nee questioned �f this w6uld take a formal request, with the request being submitted to both bodies. Mr. Fitzpatrick sa�d if the same information is submitted to both places, the City of Fridley would be in good faith with Blaine. Councilman Utter asked if it would be possible to make an applica tion to the Metropolitan Airport Commission with an attachment and copy to the City of Blaine for their remarks. He added, the entire applica5ion and the remarks of the City of Blaine could be submitted to M.A C. Councilman Utter said the report's recommendations had listed this possibility, and he did not see what harm a request could do. Mayor Liebl asked if it would possible to draw up such communications and submit them for review as regular agenda items at the next meeting of the Council. He thought this could be best taken care of if it were placed on the agenda for the next meeting of the Council. He emphasized the point that some e7ements of the community may be discouraged if the matter were taken care of when it did not appear on the agenda. He stressed the importance of considering the matter in a way that would not be discourteous to a �e�ghboring community. Mayor Liebl continued saying the matter should be worked on by the staff and not handled during the visitors section of the meeting and at the spur of the moment. MOTION by Councilman Nee to instruct the staff to prepare an applicat�on to the Metropolitan Airport Commission inquiring about the possibility� � � �--� � PUBLIC HE�RING MEETING OF SEPTEMBER 17, 1973 PAGE 3 feasibility and terms they woul� aliow the City of Fridley to construct a golf course on the Janes Field site on the Ntghway or site described as num6er one, and that the communications and application would also be directed to the City of Blaine, and that the communications be considered at the next meeting of the Council. 5econded by Councilman Starwalt. � Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. PUBLIC HEARINGS: IC HEARING ON ASSESSMENT FOR SANITARY SEWER, WATER, AND STORM SEWER nvrMrniT oon.irrT nin in�. ' MOTION 6y Councilman Nee to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilman Utter Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried and the Public Heartng on Assessment for Sanitary Sewer, Water, and Storm Sewer Improvement Pro,7ect No. 103 opened at 8:47 p.m. The City Engineer explained this area included the Inns6ruck North area and would involve the residential area, townhouses and apartment areas. The City Engineer recalled the developer had requested the area be assessed for the improvements by unit rather than 6y frontage to enable him to determine the amoa�nt for each property and include rt m the purchase price of the re3idence. He said the amount for each residence for water laterals would be $1,049.99 and the cost of the water service would be $290.23. The City Engineer continued saying the price of the sewer laterals and the sewer service had been combined and this was $1,018.39 per lot. He explained the addition of the three figures would give the amount of the total assessment � for the residential properties. The City Engineer said the assessments were pending, and the amount to be paid by the home owner would depend on the individual's agreement with the developer. Mayor Liebl said this information would be found in the purchase agreement, and may 6e included in the overall price of the home. A resident of the area asked if there would be any more assessments in the future. The City Engineer advised the resident there had been an assessment of $2,821.81 for the street improvement and had been 6rought to the Council for a Public Hearing the previous week. The resident asked if this combination would comprise the total assessment. The City Engineer expla�ned that there would be a storm sewer assessment and this would be taken care of later in the meeting. The City Engineer cantinued his explanation of the assessments of the area and said the R-3 units which include the townhouses and the apartments were also handled on a per unit basis. Councilman Utter pointed out the sewer service for the townhouses would be $101.47 per townhouse unit and this had 6een done at the request of the developer. The City Engineer said it would be difficult to compare the service obtained and used by the residential properties and the multiple units. Mr. Mervin Herrmann, Assessor, said the townhouses would be paying $45 86 per unit for the � water lateral and the apartments would be paying $14,002.28 per building for the sewer lateral. Mr. Herrmann continued saying the oversizing of the pipe was being assessed to the multiple units and not to the residential property. The City Engineer went on to explain the rate or assessment for the storm sewer assessments. He said the first area would be $3.82 per 100 square feet and the area in the second section would be $1.69 per 100 square feet. He said there was work done down stream 6y the developer and this is the reason for the lower rate in the second section. Councilman Nee questioned the installation of the improvements on Arthur Street and said he did not believe there had been a petition for the improvement in this area. Mayor Liebl asked the City Engineer if this improvement was necessary. The C~ty Engineer explained if the area is i � t 1() �' PUBLIC HEARING MEETING MEETING OF SEPTEMBER 17, 1973 PAGE 4 developed, the facilities must be provided and there had been no serious objections to the devalopment of Arthur Street. Councilman Nee said he was referring to the price paid by Grace High School, and he could not see the benefit. The City Engineer assured Councilman Nee that Grace had been notified and had not expressed any ob,7ections. He referred to the area west of Matterhorn and said if there is to be development of the area, the improvements will 6e needed. � Councilman Utter referred to an area included in the district and asked if those four people had been notified. The C�ty En,qineer said yes, and the price for this area would be $12.64 for water per foot and $8.29 for the sewer 7ateral for a foot. Counci7man Utter asked if there was to be assessment for storm sewer at this time. The City Engineer said there was not. Councilman Utter asked about the street improvement assessments. The City Engineer said the price was provided to the people. He said this would be somewhere in the area of $12.00. MOTION 6y Councilman Starwalt to close the Public Hearing. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unantmously and the Public Hearing closed at 9•08 p.m. PUBLIC HEARING ON ASSESSMENT FOR SANITARY SEWER, WATER, AND STORM rMOOnvrnnrniT oon i r-r in 7 i� MOTION by Counc�lman Starwalt to waive the reading of the Public kearing notice and open the Pu61ic Hearing. Seconded by Counci7man Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hear9ng opened at 9:09 p.m. The City Engineer pointed out that this assessment would be for the water, sanitary sewer and storm sewer improvements in the Innsbruck North 2nd Addition area. Ne said the assessments were to be taken care � of on a per lot basis and the water would be $1,055.80 per lot, the sanitary sewer and service would be $932.67 per lot and the storm sewer $1.62 per 100 square feet. He explained this was the second part of the Innsbruck Narth development and the work has been completed. A resident of the area asked what amount of front footage was considered to be a lot. Mr. Herrmann said in this area, the lots are relatively uniform in size and were not figured on a per front foot basis at the request of the developer. The Finance Director, Marvin Brunsell, added this figure was used for each of the platted lots in the area. The resident pointed out that his lot was substantially larger than those 7n this area and he was be�ng assessed more than the listed amount, Mr. Herrmann said the 7ots in the Innsbruck area are relatively the same in size. He added, in the area outside of Innsbruck, the regular proceedure of assessing for front foot wou]d 6e done. The Finance Director agreed stating the 7ots outside the Innsbruck development could not be compared to those included because of the greatly varing sizes of the lots. Mayor Liebl asked �f there were any questions on the assessments. MOTION by Councilman Nee to close the Publtc Hearing. Seconded by Councilman 5tarwalt. Upon a voice vote, all vnting aye, Mayor Liebl declared the motion carried unanimously and the Public Nearing closed at 9:18 p.m, PUBLIC HEARING DN FINAL PLAT P. S. #73-06, HARRIS LAKE ESTATES, BY DAVID � HARRIS, GENERALLY LOCATED SOUTH OF MISSISSIPPI STREET, EAST OF ARTHUR cro rT �.ircr nr rncr rrrv I TMTTC nnin ni oT nr oTrr rorrv onnn. MOTION by Councilman Breider to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Counc�lman Starwalt. Upon a voice vote, all vot�ng aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing opened at 9:19 p.m. The City Engineer pointed out the area of the final pTat on the map on the easel. He expla�ned with the exception of a few lots, the area encompa$ed was south of Mississippi St., east of Arthur St., west of the east City limits and north of Rice Creek Road. The City Engineer said there would be 73 lots in the proposed plat. A � ' REGULAR COUNCIL MEETING OF SEPTEMBER 17, 1973 PAGE 5 He advised the Council that the Planning Commission had reviewed the plan and recommended the plat be approved with certain considerations. He said a copy of the minutes of the Planning Commission had been provided in the agenda. Mayor Liebl asked if there were any zoning requirements or requests and the City Engineer said the area is R-1 at the present time and the developer would develop it as an R-1 area. Mayor Liebl stated the legal and zoning requirements were proper He asked Mr. Harris if he would agree to the seven stipulations. He referred to the first stipulation as recommended by the Planning Comm�ssion stating the drainage and storm sewers be determined before development of the area. The Ctty Engineer recalled that in 1971 when the Briardale property was considered by the Council, there was no drainage system �n this area, and no substantial drainage system has been provided in this ar�a. He continued by saying in February of 1972 the Council stipulated that the development of the area in regard to storm sewer systems would be done on a piece meal basis and would fit into the overall plan of the area. The City Engineer explained the appltcant has provided for a ponding area in the plat as planned by the City, and this would be a step in the r�ght direction. The City Engineer said according to the policy of the Rice Creek Water Shed Dtstrtct, ponding of storm sewer water should be encouraged instead of creating direct pipe drainage to Rice Creek. He added, this is the pol�cy of the Council had established when allowing the development of the Briardale area. He added, money has been escrowed for each residential lot being developed to pay for the storm sewer project in this area. Mayor Ltebl asked how many of the lots in the plat would be buildable. The City Engineer said there are 73 lots and all of the lots would be buildahle. Mayor Liebl questioned the amount of area contained in the ponding area and the City Engineer said there would be a total of 10 acres involved in the ponding area including that area which is within the limits of New Brighton and ad,7acent to the property. Mayor Liebl asked if the development would be an attractive ponding area or would the water become stagnant in t�me. He added, he would not want any problems with the water turning bad. The City Engineer assured the Council that the development could be done without the creation of any stagnant body of water. Mayor Liebl asked what was meant by underground utilities, would this mean there would be no power poles in the area? The City Engineer said yes, there would be no telephone and electric poles in the plat. Mayor Liebl said this is a more expensive method of development. Mr. David Harris addressed the Council and asked if he would be allowed to explain the development of the property to the Council. He added, this may answer some of the Council's questions. Mr. Harris explained in order to plat the proposed plan, he had to negotiate for the purchase of 13 parcels of property and he is the fee owner of some and contract purchaser of others. The parcels not included in the plat were pointed out 6y Mr. Harris on the map. He said the plat would include 34 of the 39 acres of the area. He mentioned there had been stipulations recommended by the Planning Commission and some of them had been satisfied already. One of the requirements he had met was paying the assessments for the properties on Rice Creek Road and Mississippi Street, th�s was a total of 13 lots. Those that remain to be paid will be paid at closing, he added. Mr Harris said he had also agreed to provide property for park purposes. Mr. Harris explained the density of the development to be low and he is planning a little over two lots per acre, and all of the lots exceed the minimum requirements. Councilman Nee asked if there would be another prob7em with the ownership of the property to the pond as there is in Locke Lake. Mr. Harris said the ponding area is going to be owned by the City of Fridley, and the City presently has an agreement for the deed to the land He said the lots would front to the high water level of the lake. Mr. Harris said he would not favor creating public access to the lake along the shoreline of the lake as he 6elieved this would devalue the people's property. He said there will be access to the lake for the public and there w�ll be a park in the area. 2 il li y � L) �} PUBLIC HEARING MEETING OF SEPTEMBER 17, 1973 PAGE 6 Councilman Nee questioned the proposed Lots 15 and 16 and their p7acement. He stressed, he would not ltke to see the same prob7ems as there are in Locke Lake. Mr. Narris said the dredging would be done three feei below the water table to get re,7uvenation of the water and there would be no stagnant water. Mr. Harris said the plat would provide easements from all directions into the property, including McKinley and Anoka Streets. Mr, Harris said there is � also a ponding area east of the limits in the New Brighton area. Councilman Nee asked when the outfall would he provided. Mr. Harris said there will be an outfall to Moore Lake, but there would be more capacity in the ponding area after the development of the pond. He said he did not think the development would create the need for more storm sewer development in the area. Counc�lman Utter said there is park property provided next to Mississippi Street and Mr. Harris would dedicate 5% of the property for parks. He said he believed this to be about one and three-quarters acres of property. He added, this would provide a park that the people north of Mississippi Street could also use. Mr. Harris said the 7and �s low and there would have to he some ftl7�ng of the area. He indicated he would provide a flat surface, which is most suited to park purposes. A question was raised by Councilman Starwalt concerning the outfall. The City Engineer referred to the ditch on the map and said this would be used. He explained this would be on a temporary basis, but there would be a controlled outfall, and most of the ttme there should be no outfall water. The City Engineer stated in the case there should be a heavy runoff, the water would be directed to Moore Lake. He continued, if the area west of Arthur Street is to be developed, there will have to be improvements to � the drainage system. Councilman Starwalt asked �f the outfall would be underground and the City Engineer said no, it would be as it is at the present time. Councilman Starwalt said they are talking about the ditch at this time. Mayor Liebl asked Mr. Harris if he agreed with the stipulations of the Pianning Commiss�on and questioned point number three, the dedication of land to the C�ty for park purposes. He asked if this would be 5% of the land and if this �ncluded the proposed exchange of property. Mr Harris said he had obtained the cooperation of the City Engineer in this po�nt and had asked for the exchange of property so that the lots which are to be used for park would not directly abut the Olson property. He reinterated Mr, Olson had indicated to him that he did not want park property right next to his home. Mr. Harris stated he would like the City to exchange a parcel of property with him to make this possible. Mr. Olson said he would like the construction of a house between himself and the park, Mr. Harris explained he would like approval of the request because he felt he could not tell a man one thing and do something else. The C�ty Engineer said there are some parcels on Fridley Street that are low lots. He added, one lot could be swapped, and this would make a nice size park in this area. Mr. Harris said an area of 200 by 300 would allow for the installat�on of a facility to accomodate a baseba77 field in the ' summer months and a hockey rink in the winter months. He pointed out that on the smaller area play ground aparatus could be installed. Mr. Roy �eMars, 1442 Mississippi Street N. E., said he resides by this proposed piece of park property and it is under water. He asked who would be responsible for filling the property. Mr. Harris said the dredging of the area Uauld bring the level up to grade. Mr. DeMars indicated he had lived in the area for 27 years and he asked if the City of Fridley would be draining Ramsey County in this area. Mr. Harris said Ramsey County has a pipe and drains �nto the area at the present time, He added, the plat would create one pond in the area. Mr. DeMars said most of the area is low and under water to the County Line, Mr. Harris said there would be no homes tn the back of the Olson property, they would all be in Anoka County. �,� kt,�� PUBLIC HEARING MEETING OF SEPTEMBER 17, 1973 PAGE 7 The City Engineer repeated the total area of the pond would be ten acres which would be the combination of the Fridley and New Br�ghton ponding areas. He stated the portion of the pond in Fridley would be eight and a half acres. � Councilman Utter said there would be an overflow into Rice Creek under the overall permanent system of the future. Mr. DeMars said the Water Shed District does not want the water to be directed into Rice Creek. He said there ts only a technical drain there unless there would be a flood in the area. Mr. �eMars said he had been told if the City wanted the land for drainage, they would condemn it, and direct the flow to Moore Lake. Mayor Liebl believed the creation of the Fridley ponding area and the ponding area of New Brighton would take care of the overflow of the area. Mayor Liebl said they had been assured by the City Engineer that the area would be neat and clean. Mayor Liebl inquired if there would be any other alternatives in the direction of the water for an outflow. The City Engineer advised him the only other alternative would be directing the water into Rice Creek. He explained according to the proposed solution of the storm sewer tmprovements of the area in 1961, the water would be directed there eventually. The City Engineer said in the spring of the year the runoff water flows through the ditch becau�e of the terrain, 6ut if the area is developed to a greater extent, the City may have to drain into Rice Creek. Mayor Liebl asked if a portion of the plan would be changed hecause of the ponding area, and would this eliminate the need for addit�onal water 6eing directed into Rice Creek7 He also questioned if the system as it is proposed would change the flow of the water from the pattern it �s following at the present time. The City Engineer said if the ponding area was not being � created within the proposed plat, the City would have to acquire a larger parcel of property for ponding. He added, the City would still have to provide a system for the Briardale area. He said this p7an would be to try to hold the water instead of sending it to Rice Creek in one big storm sewer, and following this procedure is encouraged by the Rice Creek Water Shed District, The City Engineer stated the pondtng area would hold the water in most cases so it would not have to be directed to Rice Creek or Moore Lake. Mayor Liebl asked the City Engtneer tf this plzn would fit into the overall plan for the storm sewer of this area, The C�ty Engineer said this would fit into the overall established plan for the area. Mayor Liebl said this would not hinder the overall plan and would help the Briardale area. The City Engineer repeated, yes, this would help the overall plan of the area. Mayor Ltebl expressed concern a6out point number seven of the recommended stipulations from the Planning Commission. He asked if the developer had negotiated pondtng area which is not in the plat. He asked if this would be approved tn Fridley and not in New Brighton. Mr. Harris said this requirement had already been met. He added, h� would not be able to do anything in the City of New Brighton, but he had taken care of his obligation within the City of Fridley. He explained the reason for the stipulation stating on the original plat some properties appeared � that had not been acquired, but this has been done at the present time. Mr. H,7almer Anderson, 1491 Rice Creek Road N. E., asked if the plat is approved, would Arthur Street be continued from 64th Avenue to Rice Creek Road. He thought there would be no reason to put a road in th�s area. The City Engineer pointed out that the road is platted and would eventually go through the area. Mr. Anderson said he did not believe there would be any benefit to Mr. Neuman or himself and their property would abut the roadway. Councilman Starwalt referred to point number four of the listed stipulations whtch dealt with the planttng of trees on each of the lots. He asked if perhaps the developer would agree to increase this number on the corner lots and possibly some other lots that seem to show the need. 1 Y �4 PUBLIC HEARING MEETING OF SEPTEMBER 17, 1973 PAGE 8 Mr. Harr�s expla�ned the reason for the agreement on the planting of trees to be that some trees wi71 be lost in the area through the creation of the ponding area. He hoped if the Council wanted two trees on each lot they would st�pulate thts exact amount, but he would like the requirements spelled out. He said he would not want someone telling him that some lots need five trees and next lot two. Counciiman Starwait said he would like to see more than one tree on some lots if they would seem to benefit by this addition. Mr Harris pointed out that some of the lots would have mature trees on them, and some of the trees �n the area would be removed because of the ponding. He stressed the need for some definite stipulation if this was the intention of the Council and sa�d this would be the only reasonable method of following the points of agreement. Mr. Harris said he would like to brtng to the Council's attention the fact that the area being platted had brought the City $55D in tax revenue the past year and was 34� acres of property. Mr.Harris stated the 73 lots would allow for the construction of that many homes,all to be prtced approximate7y $40,000, if a house could be bui7t for this amount with today's prices. He said this would greatly increase the tax revenue of this area and he hoped the City would not install an open ditch in this vicinity. Councilman Nee asked how the City was going to dredge the area and the City Engineer said this would be consistant with the policy of the area and 7t would be done by escrow monies for the storm sewer. Ne added, he felt the City should be consistant in this area. Councilman Utter said the amoutlt of escrow for the 73 lots would be $58,000. The City Eng�neer said the City would have to develop this area to provide a system for Briardale. MOTION by Councilman Starwalt to close the Public Hearing. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing on the Final Plat by Mr. Dav7d Harris closed at 10:36 p.m. NG ON FINAL PLAT P. S. #73-07, INNSBRUCK NORTH TOWNHOUSE 3RD A�DITION MOTION 6y Councilman Utter to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilman Starwalt. Upon a voice vote, al1 vottng aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing opened at 10.37 p.m. The City Engineer sa�d the development had been approved and the platt�ng had been recommended for approval and the area had sold as residential property. Mayor Liebl asked how many square feet there would be in the units and Mr. James London, Darrel A. Farr Deve7opment Corp., said there would be about 1,400 square feet of floor area. Mayor Liebl asked if there were any questions on the final plat and questioned Councilman Utter if he believed this to be an improvement over the other proposal. Councilman Utter agreed this was a great improvement. Mr. London exp7ained that one bu�lding had been eliminated to increase the density. Mayor Liebl asked if there were any questions from the Council and there were none, MOTION BY Councilman Starwalt to close the Public Hearing. Seconded by Councilman Utter. Upon a vo�ce vote, aTl voiing aye, Mayor Liebl declared the motion carried unanimous7y and the Public Hearing closed at 10:40 p.m. PUBLIC HEARING ON REZONING REQUEST ZOA r�72-09, CENTRAL AUTO PARTS; TO REZaNE LOT 10, BLOCK l, CENTRAL VIEW MANOR, FROM C-2S TO M-1, TO MAKE ZONING CON5I5T, i�OTION by Counc�lman Utter to waive the reading of the Pub7ic Hearing notice and open the Pu61ic Hearing. Seconded by Councilman Starwalt. Upon a voice vote, all vot�ng aye, Mayor Lieb7 declared the motion carried unanimously and the Public Hearing opened at 10:41 p,m. r- �_ � I a �r PUBLTC HEARING MEETING OF SEPTEMBER 17, 1973 PAGE 9 Mayor Ltebl referred to pages 5-B and 5-C of the agenda and said the Planning Commission had recommended approval of the request with three stipulations. Mayor Liebl said the building material would 6e optional to the builder and he thought the applicant would have to go to Bu�lding Standards-�esign Control Subcomnittee. The City Engineer pointed out the applicant had already been to the Subcommittee. He added, the request would be to rezone portions of the � property sa the property would be in one zone. Mayor Liebl asked the applicant if he agreed with the stipulations. The City Engineer said the applicant had already expressed agreement with the stipulations. MOTION by Councilman Utter to close the Public Hearing. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Publ�c Hearing closed at 10:43 p.m. ADDITIONAL DISCUSSION ON THE FINAL PLAT OF THE HARRIS LAKE ESTATES: Mr. Harris addressed the Council and asked if he could get some indication of the Council's feeling on the plat that evening so any necessary changes would be made by himself and his engineers. He said there are extensive plans for balancing the fill of the proposed plat. Councilman Nee said he would question the City doing the dredging of the area. He indicated he did not know this would be done by the City until the present meeting. Councilman Nee thought it was a iremendous idea to get the 13 people to agree to sell the land and continue with the plan of creating one plat, but he did question the method of dredging by the City. Mr. Harris said he had contracted for 50,000 square yards of fill which was brought in from the Burlington Northern area and he had paid for the � movinq of the fill. He added, he knew the C-�ty wanted a ponding area and he had tried to balance the amount of fill needed very carefully to the plans of the engineers. Councilman Nee asked what he is to tell Mr. Donovan Schultz when he asks if the City can dredge Locke Lake. Mr. Harris said he believed he was paying his portion by escrowing $800 per lot, and the other people would be paying their share of the cost. He reminded the Council if the original plan were followed it would cost q of a mtllion dollars for the piping. The City Engineer said the dredging would cost $40,000 to $50,000 and this would provide a permanent pond. Counctlman Nee agreed the area would 6e beautiful, but when Mr. DeMars raised the question on his share of the assessment for the work, it had been hard to answer. The City Engineer referred to the histroy of the area. When Briardale had been approved, he had told the Council not to develop the area any further. He added, the residents would not approve of the improvements because of the cost, Ne recalled, it was difficult to get Mr. Miller to agree to the $800 per lot for escrow for the system. He said when the system was developed, the City had to plan for a complete system and this cost $700 per lot at that time and there were ob�ections to this. He said the only way to complete the system was to require the escrow money and have all development pay their share, and there would be money for the system. He said this plan would be � draining another area, and he referred to the gravel pit Councilman Nee stated his thoughts that the storage area would not need dredging. Councilman Breider said if the people who purchase the property are to live next to the pond, it would not be fair to them if the pond would stink. He stated the Counctl,would have an obligation to the future property owners of the area also. He explained, this would be the same as the situation in the Stonybrook area. The City Engineer pointed out this system would be cheaper for the ent�re district and would preserve Rice Creek. Ne added, if the area is developed or not, the City would have to provide the ponding area. � {�,�; PUBLIC HEARING MEETING DF SEPTEMBER 17, 1973 7:[eT�i[] Mayor Liebl said the action on the proposed plat would be taken at the September 24, 1973, meeting of the Council. PUBLIC HEARING ON THE 1974 BUDGET; MOTIDN by Councilman Breider to open the Public Hearing and waive the reading of the Public Hearing notice. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing opened at 11:05 p.m. Councilman Breider said he would be unable to attend the workshop meeting on the budget scheduled for the following evening. He said he would like to make a comment on the portion of the budget dealing with the tennis courts and would ask they be put back into the budget. CoGncilman Utter said the workshop meeting was set for 7•30, September 18, 1973 in the community room. Councilman Starwalt said he would like some money put into the budget for the North Park area. Councilman Breider said he would not like to put money in the budget for something when he did not know what the purpose would be, and he would like to let the land sit until a decision is reached. Councilman Starwalt expressed the desire ta start funding the project in advance instead of trying to get the necessary funds together at the time of development Councilman Breider said he thought it would be difficult to allocate money without positive plans for the area. He added, at the end of the year �f the money is not used, it would revert 6ack into the General Fund. He said this could go on for years and nothing would really 6e set aside. Councilman Nee asked if the money could be put into fencing. Councilman Breider said what if the fence is not wanted. Counci7man Starwalt sa�d he would favor a concept of saving money for something for the future. The Finance �irector sa7d it would be possible to set up a special fund for this purpose, 6ut this would create the necessity of creating another fund in the budget. He repeated, a spec7al fund could be set up. Councilman Bretder asked why the City did not �ust ask for Federal Revenue Sharing money for the project and not spend this money for any more trucks. The Finanace Director said it would be another year before there would be any money in the budget from Federal Revenue Sharing, the year started July l, 1973 and would go until July 1, 1974. MOTION by Councilman Breider to continue the Public Hearing. Seconded by Counctlman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing on the 1974 budget was cont�nued at 11:10 p.m. CONSIDERATION OF FIRST READING OF AN ORDINANCE REGULATING THE PARKING Of CER AIN COMMERCIAL VEHICLES UPON THE PUBLIC STREE S IN RESIDE TI L DT5 ICTS Counc7lman Utter said he would like to change the limitation on weight in the proposed ordinance from 12,000 to 10,000 pounds. Councilman Starwalt said this would exclude vehicles 7ike house trailer tractors. He asked if any other vehicles would be excluded, Counci7man Utter said this would not effect the 3/4 ton pick ups and would �ot effect anyone parking a vehicle on private property. Councilman Nee said he agreed with the amendment to the ord7nance. Mr. Richard Harris asked if this would involve any recreational vehicles. Councilman Breider said this would exclude any recreational vehicles. Mayor Liebl agreed and said it would only apply to commercial vehicles. Councilman Utter State 5tatutes. this to 10,000, said the language of the ordinance is all defined by Minnesota He said they had 11,000 to 13,000 and he would want to reduce Mr. Richard Harr�s said in this area there are many over the road truck drivers, He added, he d�d not want the tractors on the residential streets, but he did � �_l 1 � k + i (� PUBLIC HEARING MEETING OF SEPTEMBER 17, 1973 PAGE 71 wonder if this would create a hardship for the over the road truck driver. He said this may be an undue hardship on them. Councilman Breider said all the driver would have to do is park the vehicle in the driveway. , Councilman Utter said the restriction on night park�ng on residential streets has not been enforced in Fridley. He said there has been some problems w�th house tractors in residential areas. He said there is no one living �n the house and the trucks back up and pick up their orders, and this is a violation of the ordinance. He added, he had tried for sometime to get some restrictions on this type of activity. He pointed out there is a facility for detaching and storing the tractors on Old Central Avenue. MOTION by Councilman Utter to table the first reading of the ordinance for the limitation of parking of vehicles in residential areas. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. NEW BUSINESS: SETTING A PUBLIC HEARING FOR NOVEMBER 12, 1973, FOR THE FLOOD PLAIN: MOTION by Counci7man Nee to set the Public Hearing for the Flood Plain Rezoning Ordinance for November 12, 1973, Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimous7y. RESOLUTION #127 - CONFIRMING ASSESSMENT FOR SANITARY SEWER. WATER. AND STORM SE � MOTION by Councilman Starwalt to adopt Resolution #127-1973 confirming assessment for sanitary sewer, water and storm sewer Improvement Pro,7ect No. 1D3. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Lieb7 declared the motion carried unantmously. Councilman Nee asked the Finance Director if the Grace High School had received a notice and the Finance Director said yes. RESOLUTION #128-1973 - CONFIRMING ASSESSMENT FOR SANITARY SEWER, WATER AND STORM SEWER IMPROVEMENT PROJECT N0. 112 MOTION hy Councilman Utter to adopt Resolution #128-1973 confirming assessment for sanitary sewer, water and storm sewer Improvement Project No. 112. Seconded 6y Councilman Nee. Upon a voice vote, all vot�ng aye, Mayor Liebl declared the motion carried unanimously. 29-1973 - DIRECTING THE ISSUANCE OF TEMPORARY MOTION by Councilman Nee to adopt Resolution #125-1973 Directing the issuance of temporary improvement bonds in accordance with laws of 1957, Chapter 385, for Sanitary Sewer, Water and Storm Sewer Improvement Pro,7ect No. 112. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. � RESOLUTION #130-1973 - DIRECTING THE SALE AND PURCHASE OF TEMPORARY IMPROVEMENT BONDS IN ACCORDANCE WITH L WS OF 1957. CHAPTER 385_ SANITARY SEWER. WATER MOTION by Councilman Nee to adopt Resolution #130-1973 directing the sale and purchase of temporary improvement bonds in accordance with laws of 1957, Chapter 385, for Sanitary Sewer, Water, and Storm Sewer Improvement Pro,7ect No. 112. Seconded by Councilman Starwalt. Upon a vo�ce vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ACCEPTANCE OF RESIGNATION: RAYMOND RENNER. HUMAN RELATIONS COMMITTEE: MOTION hy Councilman Starwalt to accept the resignation of P4r. Raymond Renner from the Human Relations Committee. Seconded by Councilman Utter. Upon a � � �� PUBLIC HEARING MEETING OF SEPTEMBER 17, 1973 PAGE 12 voice vote, all voting aye, Mayor Lieh7 declared the motion carried unanimously. MOTION by Councilman Starwalt to appoint Mrs. Ina Prieditis, 6031 Ben,7amin Street N. E., 788-7230, to replace Mr. Raymond Renner in his term to the Human Relations Committee. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motton carried unanimously. RECEIUING THE MINUTES OF THE BOARD OF APPEALS MEETING OF SEPTEMBER 11, 1973: REQUEST FOR A VARIANCE OF SEC7ION 45.053, 4A, FRIDLEY CITY CaDE, TO REDUCE THE FRONT YARD SETBACK FROM 35 FEE7 TO 20 FEET TO ALLOW THE Councilman Nee said he was concerned about this item and thought the motfon in the minutes of the 6oard of Appeals may not be correct. He added, he would not want the Board of Appeals to think the Council had given approval of the variance without their recommendation and thought tt should be made clear to the Board that the Council had made a motion to concur with the decision of the Board, not to approve the item. He said he would not want the Board to think any matter would be approved by the Council and sent to the Board for a rubber stamping. The City Engineer assured the Council that the member of the staff present at the meeting was aware of the intent of the Council's motion. He said he thought the motion was in error rather than the Board believing the Council had given prior approval of the request. 1 Councilman Breider referred to a portion of the minutes where Mr. Blair spelled out a hardship in this matter. The City Engineer said approving � the variance would bring this construction in line with the other structures in the neighborhood. A REOUEST FOR A VARIANCE OF SECTION 45.134. 6. PARAGRAPH 3. FRIDLEY CITY ni.i Councilman Breider said he would like to have the �tem tabled until the applicant had completed the landscaping. He did not believe the individual shouid be qranted any variances until he lives up to the stipulatians. The City Engineer informed the Counci7 that the applicant is aware of the thoughts of the City. MOTION by Councilman Breider that the variance request by Mr. Donald Babinski be tabled until work is done in other areas. Seconded by Councilman Utter, Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unam mously. FOR A VARIANCE OF SECTION 45.053, 4, B4, FRIDLEY CITY CODE, TO , SIDE YARD F R AN ATTACHE� GARAGE FROM 5 FEET TO 3.2 FEET, TO CONSTRUCTION OF A R GE 0 BE OC TED ON L T 4 BL CK , AKEUIEW MANOR THE SAME BEING 58 WEST MOORE LAKE DRIVE N. E., MOTION by Councilman Utter to approve the request for a variance by Mr. Bernard Wedgewood with the stipulation that the south wall of the garage contain the necessary fireproofing and have no openings. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. �_ ��� _� PUBLIC HEARING MEETING OF SEPTEMBER 17, 1973 OF A DWELLING TO BE LOCATE� ON LOT �l PAGE 13 � MOTION by Councilman Starwalt to approve the variance of the front yard setback as requested by Richard Miller Homes. Seconded 6y Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimous7y. � MOTION by Councilman Utter to receive the m�nutes of the Board of Appeals meeting of September 11, 1973. Seconded by Councilman Starwalt. Upon a vo�ce vote, all voting aye, Mayor Lieb7 declared the motion carried unam mously. ING BACK FROM TABLE THE REiONING REQUEST BY MR. ROBERT SCHROER AND rrnir_ MATTCD -rn oi nnimrrer_ !`l1MMTCCTl1�I rn❑ rnnicrnronrrnni. MOTION by Councilman Breider to return the rezoning request by Mr. Robert Schroer for the area north of 79th Avenue N. E. to the Planning Comm�ssion for their consideration. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Lieb7 declared the motion carried unanimous7y. Councilman Breider recalled this item had been ta6led until the Comprehensive Plan was adopted by the City and should be reconsidered. Mayor Liebl directed the administration to notify Mr. Schroer. COMMUNICATIONS: GOVERNOR ANDERSON CAMDEN BRIDGE: MOTION by Counctlman Starwalt to receive the communication from Governor Anderson dated September 7, 1973, regarding the Camden Bridge. Seconded by Councilman Nee, Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unam mously. Y OF LETTER FROM �AMES GREELEY TO F. C. C.: FRIDLEY CATV AMENDMENTS: MOTION by Councilman Nee to receive the communication from Mr. James Greeley to the F. C. C. dated 5eptember 11, 1973 regarding the Fridley CATV Amendments. Upon a voice vote, all voting aye, Mayor Liebl dec}ared the motion carried unanimously. ONAL LEAGUE OF CITIES: APPOINTMENT OF COUNCILMAN BREIDER TO PUBLIC v rn Mr rrr. MOTION by Councilman Utter to receive and conc�r in the letter from the National League of Cities dated September 5, 1973 appointing Councilman Breider to the Pu67tc Safety Commtttee. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MR. RICHAR� HARRIS: REOUEST FOR ACTION ON SILTING DF DITCH FROM SPRING LAKE � Mr. Harris addressed the Council and said between being out of town and trying to catch the Acting City Manager when he is available, he had not been able to contact the administr_ation on the problem of the additional stlting of the ditch from Spring Lake Park. He said there had been a greater amount of silting than he had expected. The Acting City Manager said there would be a Public Hearing on the improvements in this area the following Monday evening, and hopefully, th�s will e7iminate the need for the ditch. He sa�d if the improvement is put in, there will be not need for the ditch. QUESTIDN BY COUNCTLMAN NEE ON SURVEYING LOCKE LAKE TO EXTEN� PROPERTY INTO LAKE WITH THE COOPERATION OF COUNTY: Councilman Nee said he did not know if the members of the Council would like to consider the matter that evening, but the County would aid in the 3i? PUBLIC HEARING MEETING OF SEPTEMBER 17, 1973 PAGE 14 surveying of Locke Laka and he would like the City Council to make an official request for th�s. The City Engineer said if the Council wished, he would put the item on the next Council agenda for consideration. He suggested the Council directing the administration to pursue the matter. � Councilman Nee said the County was willing to cooperate, but the quest�on would be what the C�ty wants done. He sa�d if the lots wauld be extended, the middle would be left open. Mayor Liebl directed the administration to put the item on the agenda for the September 24, 1973 meeting. ADJOURNMENT MOTI�N by Councilman Starwalt to adjourn the meet�ng. Seconded by Counc9lman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Pub7ic Hearing Meeting of the Fridley City Council of 5eptember 24, 1973 ad,7ourned at 11:41 p m. Respectfully su6mitted, ��� �.�: �.�.� �. �:..a� Patricia Ellis Frank G. Li2bl Ma or � Y Secretary to the City Council �L''-Z.-�J/b{ /�s' 73 Date Approved 1 '