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09/24/1973 - 00016208, � � i `j �' < < THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 24, 1973 The Regular Meeting of the Fridley City Cooancil of September 24, 1973 was called to order at 7:42 p.m. by Mayor Liebl, PLEDGE OF ALLEGIANCE: Mayor Lieb] led the Council and the audience in saying the Pledge of Allegiance to the Flaq. INVOCATIDN: The Invocation was offered by Mayor Liebl. ROLL CALL. MEMBERS PRESENT MEMBERS ABSENT VISITORS: MS. LONDA ENGLUND: Utter, Nee, Breider, Starwalt, Liebl. None. VIET'S ADDITION: Mrs. Englund addressed the Council and requested the �tem concerning the Park fees for the Viet's Second Addition be taken care of at that time rather than as it appears on the agenda. Mayor Liebl asked the other members of the Council �,o give some indication of their thinktng on the waiving of the fees. Counci7man Nee said he would have no object�ons to the waiving of the fees and felt would not have to stay for the entire meeting. Mayor Liebl agreed and said Mrs. Englund would not have to remain for the entire meeting. PROCLAMATION. "CLEANER AIR WEEK" - BEGINNING OCTOBER 14, 1973 Mayor L�ebl read the proposed proclamation aloud to the Council and audience. MOTION by Councilman Nee to table the proclamation. Mayor Liebl declared the MOTION FAILED FOR LACK OF A SECOND. Councilman Utter said he would hate to deprive others of the use of tobacco while in attendance at the meetings of the Council during this time. Mayor Liebl asked if this would be too much of a sacrifice for the members of the Council that did smoke. Councilman Utter sa�d all have equal rights. Councilman Starwalt said he thought the proclamation should be adopted on a trial basis and he would suggest that sign be displayed for the benefit of the people attending the meeting that even7ng He said he did not think it would be this much of a sacrifice, MOTION by Councilman Utter to adopt the proclmation banning the smoking of any type of tobacco in the Council Chambers for one night, Dctober 15, 1973. Seconded by Councilman Starwalt. UPON P VOICE VOTE, Liebl, Utter and Starwalt voting aye, Nee and Breider voting nay, Mayor Lieb7 declared the motion carried three to two. PUBLIC HEARINGS: PUBLIC HEARING ON THE ASSESSMENT FOR WATER AND SEWER MAINS, LATERALS AND SERUICE CONNECTIONS: MOTION by Councilman Utter to watve the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Lie61 declared the mot�on carried unanimously and the Public Hearing opened at 8:50 p.m. The Ctty Engineer explained this area would include the assessments for the mains and not the laterals. He said when the City would issue a building �. ! �� REGULAR MEETING OF SEPTEMBER 24, 1973 PAGE 2 permit, they would ask the property owner to sign an agreement for the assessment. At the end of the year a rasolution is prepared for those people who had not paid for the laterals. Mayor Liebl said this is according to the policy estab7ished by the City in 1962 and has been followed since that time. Councilman Starwalt listed severai areas where this would apply and questioned if there are people hooking to the Fridley system from New Brighton. The City Engineer explained those in New Brighton wou7d be paying the same amount as those in Fridley pay for service. He added, if there is a question on th�s procedure, this should be taken care of at another t9me and not during the Public Hearing on the connections. He indicated the back ground material could be 6rought to the Council at another meeting. Councilman Starwalt thanked the City Engineer for his comments. A representative from Dahlberg asked if he could see the list of those properties effected, and the Finance Director provided the list. Mr. Alfred H. Gloe, 540 Dover Street, questioned the amount he was to pay to bring the service to his lot 17ne. The City Engineer said Mr. Gloe had signed an agreement for the assessment. Mr. Gloe said he did sign an agreement, 6ut wanted to know what the assessment would be if the property owner put in the service himself. The Finance Director said this assessment was for the front foot charge only, not for runn�ng the pipe from the center of the street to the property line. He added, at the time the assessment assessments were established, they were f�gured on a per lot basis and the property had now been split and the service line had to be charged for. Mr. Gloe again questioned if he could install this himself and the Finance Director said they were talking a6out two different things. He said this was a front foot cha�^ge and was in lieu of the lateral charge. It would be for the service line itself. Mr. Gloe said he had been given a figure from someone at City Hall that the cost of running the line from the center of the street to the property one would be about $1,000, he asked �f this would be less expensive if the property owner would have this work done. The Finance D�rector explained this had been firgured on a per site charge or per building site charge and Mr. Gloe had now created another building site and this is why there would be additional charges on the property. He said this would have nothing to do with running the service from the sireet to the property line. He said the amount to be paid would either be the rate at today's costs or the costs that were paid at the time of the assessment plus interest from that time, which ever would be lower. The City Engineer pointed out that Mr. Gloe had signed the agreement and if he would like any other facts on the assessment, he could call City Hall. Mayor Liebl directed Mr. Gloe to call the Finance tiirectot^ and get the details on the matter. Councilman Nee asked if the property owner was to be charged two times for the same service. The City Engineer explained the assessment had been levied per building site, and now the property owner ,fias two building sites. He added, he would not pay twice. Mr. Gloe said he had already paid the front foot charge. The Finance Director explained the percentage of cost for the pro�ect and how it had been assessed at that time, and it would noi include the amount needed to run the pipe from the center of the street to the property line. Mayor Liebl asked the Finance Director if this varied at all from the policy the Counc�l had established and had followed since that time. The Finance Director indicated this was in line w�th the established policy. Mayor Liebl asked the F�nance �irector to get in touch with Mr. Gloe and explain the details of the assessment and the contract to him. � 1 � t,i -i� ,� � � , REGULAR COUNCIL MEETING OF SEPTEMBER 24, 1973 PAGE 3 Mayor Liebl asked if there was anyone present who had a question on the assessments, and there was no response. MOTION by Councilman Starwalt to close the Public Hearing. Seconded 6y Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing closed at 8:04 p.m. � PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR SANITARY SEWER, WATER AND STORM SEWE IMPROVEMENT PROJECT N. MOTION by Councilman Breider 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 Lie61 declared the motion carried unanimously and the Public Hearing opened at 8:05 p.m. The City Engineer pointed out the Michael 5ervetus Unitarian Society had petitioned for the improvements, but had requested they be delayed for the period of one year. The City Engineer ea�plained the other property in this pro,7ect is bounded by Mississippi on the north, Rice Creek Road on the south and by Arthur Street on the west, the east City limits and Stinson Blvd. on the east. He added, that a large portion of the area is in the control of one company as a part of a proposed plat. He added, there �s always a drainage question on storm sewer hearings where the people on the high ground feel they should not be assessed for storm sewer, The Ctty Engineer placed a map of the City of Fridley on the easel and stated the areas which had been assessed for complete storm sewer systems as marked as red on the map, and included the ma,7or�ty of the City. He pointed out the areas with partia7 systems being orange, this being a small � portion of the City, and the area in green on the map which has no system at the present time. This area included the area of the pro�ect and was a very small portion of the City. The City Eng�neer recalled the price which had been proposed for a total system of piping the storm sewer system �n this area was very high. He added, when Br~ardale was developed, it b�came necessary to provide an outfall for the area. He said the outfall would be to Moore Lake at this time. He explained the proposed system of creating ponding areas would decrease the impact on Moore Lake and Rice Creek and would be substantially less expensive to the property owners of the area. He hoped the City would fully equalize the assessments in this area as had been done in the Hyde Park area. He pointed out this is done in all of the areas where the system is completed, and this policy would be continued for storm sewer districts and subdistricts. He explained if the districts were 7arge enough, this would lessen the assessments rate to the property owners in the district. He continued, this project would provide some improvements for these su6districts at this time, and eventually a system would be provided for the entire area. Mayor Liebl referred to the Resolution of 1962 establishing the policy of storm sewer assessments and asked if there were any questions on thts poltcy. Counctlman Breider recalled this area had been discussed two to three years ago, and a different system had been proposed at that time. He said the piping � system talked about at that time would have cost $880,000, and with the increased prices would be $1,300,000 today. He said the pipe would have been big enough to handle the normal rains. Counc�lman Breider explained, now the Council was talking about a piece meal po7icy of development as is needed for the area and with the ponding method and the reduced size of piping, this project would be less than one quarter of the cost of the original proposal. Mayor Liebl pointed out the developer had requested approval of the plat and the zoning is proper. The City would have to provide water, sanitary sewer, and storm sewer along with blacktop and curbing in the area. He said the City is required to provide the utilities and service them if there is development in the area and the City Engineer agreed saying this is what had been done in other areas of the City. � ��P REGULAR COUNCIL MEETING OF SEPTEMBER 24, 1973 PAGE 4 Mayor Liebl said the City could assess those property owners who benefit by the improvement. He satd there were two rolls prepared for this improvment and the Council had decided to use the alternate roll. Mayor Liebl said in his �udgement, the people on the south side of 61st should not and will not be assessed for this improvement. He directed the City Engineer to explain this point. The City Engineer said the people residing south of 61st had been assessed ' $3.83 per 100 square feet for the storm sewer and it had been recommended they do not be assessed any further for this improvement because they had paid for the internal system and part of the outfal7. He explained, if the Council would approve the alternate roll, these people wou7d not be assessed at this time and would not be included in the preliminary assessments. Mayor Liebl stated, these people would not be included in the final assessments for the improvement, and the City Engineer agreed and said there would be no assessments in this area at this time. The City Engineer pointed out areas B and C and said some pipe would 6e installed which would direct water to the ponding area to provide proper drainage. He said to provide improved drainage, Mississippi Street would be improved. The City Engineer explained there would be a combined cost of $2.77 and $1.04 for this area, the total per 100 square feet 6eing $3.75. Mayor Liebl asked if this was consistant with the City's policy. 7he City Eng�neer said this wou7d be a partia7 system because the system is not complete. Councilman Utter said he had received calls from the people in that area and they bel�eve the assessments are much too high. Ne questioned if the assessment would only be within Mississippi Street. 7he City Engineer said the reason the assessments are higher in this area is because it 9s very small, and the water would go to the north in the other areas. He � pointed out that the assessment would be as high in the areas when the system �s brought up to this level, The City Engineer indicated area A would include Briardale and when the system had been installed in this area, there was no outfall provided. He explained, now that the outfall is being provided, this would add to the assessments of this area. The City Engineer said the previous assessment of $5.00 per 100 square feet would apply to the overall assessment of $7.70 per 100 square feet, with the additional assessment at this t�me of $2,70 per 100 square feet. A resident of the area asked if the boundaries of the drainage district had been changed and the City Engineer stated they were the same as those in Pro�ect 1D6. The resident said he thought the area had gone up to the Gardena area previous7y. The City Engineer repeated the boundaries have been used for the past five to s�x years. Councilman Starwalt said this boundary would indicate a subdistrict. Councilman Nee asked �f the current assessment would be levied on the Grace High School property, and the City Engineer said no, The City Engineer pointed out area E on the map and said this would be the area north of Rice Creek Road, east of Arthur Street, south of Mississippi Street and west of the east City limits. He stated the developer would � provide for the dredging and developing of the pond and the oniy assessment for the people of the area outside the proposed plat would be the pond land costs, the outfall and ditch. He added, all the other costs would be paid by the developer and the assessment for this area would be $7.04 per ]00 square feet. A resident asked if the area north of Mississippi would be included in an assessment levy sometime in the future. 7he City Engineer said this area would be paying $3.75 now and underground piping will be provided to bring the water from the north to the south. � 1�.' REGULAR CDUNCIL MEETING OF OCTOBER 24, 1973 PAGE 5 A resident asked if his assessment would be $7.04 if he lived on Rice Creek Road. The City Engineer said anyone would pay this if their water ran into the pond and they lived within the area described before. He added, this was only for the storm sewer and if the property owner had other utilities, they would not have to pay additionally for these at this time, the assessment � is only for the storm sewer. A resident asked what the developer would be paying for the pond. He added, he lived on the north stde of Rice Creek Road. The City Engineer said the developer would be pay�ng about $7.04 per 100 square foot for storm sewer proposed under this tmprovement, A resident of the area said he recently moved in the area and he had 6een under the �mpresston that the water, sanitary sewer and storm sewer had been paid for by the previous owner, He said this was on McKinley Street, and he could not see how this assessment would prove to benefit those liv�ng north and south of the area. He questioned why the people of the area have to pay for this assessment now, just because Mr. Harris was developing property. He asked why the developer was not paytng for this. He stressed the point that he thought all of the assessroents had been paid in this area. Mayor Liebl said the City Engineer had explained the policy of the City which has 6een followed since 1962, He explained that a precedent had heen set and all those living in Fridley would have to pay for the storm sewer. He added, the people will be assessed for the laterals and the ma�ns. He pointed out that this area is in the storm sewer district and to comply with the improvements, the entire area and district would have to be improved. Mayor Liebl repeated, that the proposed plat is of the proper zoning and if it is to be developed by one man or ten, the City would have to provide the improve- ments. � Mayor Liebl recalled the original proposal called for an expensive piping system which would have cost the area people more than a million dollars and the above ground system of ponding as proposed would reduce the costs. Mayor Liebl explained that Mr. Narris �s trying to develop the area which is properly zoned and the developer would provide the water, sanitary sewer and storm sewer, streets and curbing for the area at a cost of $3,000 per each lot. Mayor Liebl pointed out that he had paid a total of $3,000 for the assessments on his lot in Sylvan Hills, and asked the people of the area to understand the obligations of the City in this matter. Mayor Liebl said there had been a hearing on the proposed plat the previous Monday evening. He explained the Council was not trying to do something illegal and he questioned the City Attorney on this point. He added, the original proposal for this area had been an $880,000 system that would cost $1,300,000 today, and the area could not afford this system. The City Engineer and the Consulting Engineer had worked out this less expensive system and this was the purpose of the present assessment hearing. He explained the area in the plat would be used for ponding, and this would eliminate the overall system and allow for the piece meal method which would be feasible from the engineering standpoint. Mayor Liebl asked the City Engineer if this would be feasible and the City Engineer said yes, with some problems. Mayor Liebl said the area water would be flowing into this area anyway, and he asked the City Attorney what would be the ruling on the Supreme Court � level on such a matter. The City Attorney said the policy which has been established is that all land will fall into drainage areas whether high or low and all land would be assessed, and the City has followed thts policy as indicated on the City map. He sa9d the present system is the same in principle of execution as before and has been discussed for this area previously. Mayor Liebl pointed out that Mr. Harris is paying more than the other people of the area for assessments and improvements. A resident of the area said he appreciated the po�nt the Council was trying to make. He referred to the orange areas of the map wh�ch surround the green and said this is where most of the people pres�nt at the meeting live. Ne questioned the use of the partial type of system and said this had gone on before and they were again facing an additional assessment. He said he did not feel the City had fulfilled the commitment to the people of the area if the system �y �1 d,'� REGULAR COUNCIL MEETING OF SEPTEM6ER 24, 1973 PAGE 6 had to be done again, He questioned if this would be done again in the future with more assessmenis in the area if the developer would come in and ask to have his land drained? He questioned the need for the area res�dents being a part of the developer's system and asked if the City must drain the man's 7and, and include other indiv�duals in the cost nf this. Mayor Liebl pointed out that the City would own the land in the ponding � area and the developer would not drain it in the future. The City Engineer agreed and said the City would have control of the ponding area. He stressed, only the City could develop the land, and only the City could drain the area. The City Engineer said the powers of em�nani domain should be considered and the City could obtain an independent appraisal of the land and acqu�re the land for public purposes. The City Engineer said there would be no additional assessment for those people who have paid for the water and sanitary sewer in front of their homes. He added, the only additional assessment would be for the improvement of Mississippi Street and the south half of the block would be assessed.for the street. He explained the only thing being assessed now would be the storm sewer. Mr. Dennis Schneider, 6190 Stinson Boulevard, said he had paid an assessment in Pro�ect 106 and he was to pay another $2.70 per i00 square feet. He questioned the reason for this. 7he City Engineer explained this wouTd be to provide an outlet for the area. The City Enqineer said the total would be $7.70 per 100 square feet. Mr. Schneider said this would be more than pa�d by the people in the other areas. Mayor Liebl said eventually, the area would be equalized. The City Engineer said there may be some additional assessments in the future, Mayor Liebl asked if this would take care of the area where Mr. Schneider resided and the City Engineer said th�s would d�rect the flow to the holding pond and the pond in the Briardale area is a temporary holding pond and the area is flooding. He stressed the need for an outlet for the Briardale area. Mr. Schneider asked if the � City would plan to add to the assessments the following year. The City Engineer stated that the assessments would have to be equalized within the district. Mr T. Theilmann, 1540 Rice Creek Road, said the assessments south of Rice Creek Road would total $7.70 and Mr. Harris' assessment would be $7.04. He questioned why those outside the plat w�r� more. The City Engineer said there would be more pip�ng in this area. He said the people had been assessed for the ptpe from 62nd to Briardale north to Rice Creek Road. He added, the area north of 66th would not be included in this district and would 6e taken care of at a later date. A resident said the people from Dailey Homes, Tnc., in New Brighton had been putting fill in the area, The City Engineer said the City had been in contact with these people and there would be one outlet pipe for the entire area and the City would be worktng with them and they would have to pay their fair share. The resident asked what would happen if those people did not agree, would the area Fridley residents pay for the system. The City Engineer said the two cities are constantly worktng on a coaperative basis for the good of both cit�es. Mayor Liebl assured the people there would be no problem working a solution out with the people of New Brighton. The resident asked if the land was be�ng considered for the total cost of the area. The City Engineer � said the only costs to be assessed to the home owners would be the cost of the pond land costs, the outfall and ditching. The developer would be taking care of the costs for cleaning and dredgin9 the ponding area, the C�ty Engineer said. A resident of the Briardale area asked what the $5.00 assessment per 100 square feet had paid for. The City Engineer explained that there was a complete system �n the area, but no outlet for the system had been provided. He sa�d the $2.70 would be for the outlet to the ponding area. A resident stating he resided on McKinley said he was under the itnpression that all the improvements were in the area. He asked what additional costs would be assessed to the area over the long range plan. The City Engineer said those property owners who are developing their land would be required p 4_ ;3 f�GULAR COUNCIL MEETING OF SEPTEMBER 24, 1973 PAGE 7 to escrow $800 per building site for the storm sewer of the area. He said this had been ftgured as a ceiling prtce for the improvement at today's rates. He said there would be no future improvement with the exception of Mississippi 5treet. The resident said he understood the fact that it is the City's legal obligation to provide water and sewer for the man who developed the land, but he would question if this would warrant tearing up his street � again. Councilman Starwalt said he thought the question to be whether or not this would be the last of the assessments in thts area, and he said he did not think it would be. He explained the situation of the area and said this may be a temporary situaiion for the holding of the water and it may have to go someplace else in the future. He said the d�tch would provide a drainage area to Moore Lake at the present time. He explained if this is not sufficient to handle the needs of the area, there will be a need for an underground piping facility to Rice Creek and this would be an expensive proposition. He stressed, the present proposal to drain into Moore Lake would he less expensive. The City Engineer pointed out that the total cost of the proposed drainage improvement now would only be $153,000, which is about one tenth of the original esti- mated cost for the total storm sewer system in this area. He said he did not think the development of the area was ready for such an expensive system. Councilman Starwalt said the people would be paying more for the storm sewer assessments in the future. He said Richard Miller Homes had to escrow the $800 per building site for the storm sewer and if other developers come into the area, they will have to pay the full amount for the improvement. He said this would insure the future home owner the full improvements are �n and paid for. � Mr. Darly Wolf, 6446 Arthur Street, asked if the area west of Arthur Street would be assessed. The City Engineer said this was not within this project, but it would be assessed in the future. He said when the system is put in and the piping furnished, this area would also be assessed. A resident of the area present at the meeting said he had a letter to submit to the Council on behalf of Kenneth Moxness, 1604 66th Avenue N. E. He gave the letter to the Gouncil. MOTION by Councilman Starwalt to receive the letter from Mr. Kenneth Moxness, 1604 66th Avenue N. E., regarding Improvement Pro,7ect No. 114. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mr. LaMoine Follingstad, 1626 Rice Creek Road, said the first ponding method had failed, what would happen if this method failed. The City Engineer satd the City cann�t put additional water on private property unless they obtain an easement. He said this area being questioned is in the Briardale plat and would 6e filled and developed and was only a temporary solution to the problems of the area. He said the City would have to acquire the easements and direct the flow to the Harris plat. Mr. Follingstad said the assessment would be $8.00 per 100 square feet and � his property was an acre. Councilman Starwalt said he would like to talk w�th Mr. Follingstad about this matter. A resident of McKinley Street asked why the storm sewer had not been provided when the street was put in. The City Engineer said McKinley would not be torn up again. He said there would not be anything in the street, only in Mississippi Street. The resident said there is a culvert there and nothing in the street. The City Engineer said when Mississippi is improved, the pipe will be completed. The resident asked if there would be two parts to this system and Mayor Liebl said the City has a policy to assess for the lateral installation and the main installation just like what is done for the sanitary sewer. C� p ����a REGULAR COUNCIL MEETING OF SEPTEMBER 24, 1973 PAGE 8 The City Engineer l�sted the various areas included in the improvement, saying there are four areas. He added, there would be no assessment for the residents south of 61st at this time. 7hose in Briardale would be paying $2.70 per 100 square feet. He said the third area would be north of Rice Creek Road, east of Arthur 5treet, and south of Mississippi 5treet and the assessment for this area would be $7.04 per 100 square feet. He said the developer would pe paying for the dredging of the pond. He said north � of M�ssissippi to 66th Avenue, the assessment would be $3.75 per 100 square feet. He added, no residents north of 66th Avenue would be assessed at this time. Mayor Liebl said some of the people had paid for the laterals of the storm sewer system. The City Engineer explained, these people in Briardale would only be paying $2.70 per 1D0 square feet for the outlet and this was only in Briardaie. fAr. David Harr�s addressed the Council and introduced his engineer from Suburban Engineering, Mr. Bill Meyer. Mr. Harris said he would be pay�ng $255,000 for the installation of the streets and gutters in the proposed plat and an additional $800 per lot for the storm sewer or the total of about $56,000. He sa�d the earth moving was also a substantial sum and the total expendature by the developer would be $375,000 to deve7op 73 lots. He said there would be very low density in the area with most of the lots being about a half an acre. He said he did not think he should be required to pay for the total dredgng of the pond when the people outside the plat would also benefit by the use of the ponding area, Mr. Harris said he did not believe this to be fair and it did not seem that the assessments were being equalized. He said he did not th�nk he shou7d have to pay twice for storing the water, and this would not make sense to him. He said he would not ask any concessions, but would want to be treated fairly. Councilman Starwalt said Mr. Harris would be responsible for the dredging � inasmuch as he would be paying for this through the assessments. He added, this would not be an out of pocket expense. Mr. Harris said he would like to pay the same rate as the others 7n the area and th�s should be an equal rate. Mayor Liebl said there had been an alternate roll prepared and he stated the various figures listed in the pro�ect. Councilman Breider asked �f the $7.04 per 100 square fieet would cover the dredging of the pond. The City Engineer said yes, and added, the ponding area wou]d be nicer than at the present time. Councilman Breider asked if the other areas would be equalized in the future. The City Eng�neer said yes. Councilman Lreider asked if when people move into the area and pay the $800 per lot, would this cover the entire cost of the storm sewer system, the City Engineer said yes. A quest�on on the costs of the dredging and also the need for the dredging was rarsed. Mr. Harris said if the City would not confine the water of the area, there would be the same amount of un6uildable property and the City would have to acquire more land than they have now. He sa�d the present ponding area is not a defined area and it goes every which way. � Mayor Liebl said if the plat is designed as shown, the City will have control of the water as the system is designed, Mr. Harris said the improvements should be included over the entire assessment area. Councilman Breider asked Mr. Harris if he was objecting to the $80D per lot to be put into escrow for the storm seWer system. Mr. Harris indicated he did not ob,7ect to this, but he would be paying at the $7.04 level, and there would be other levels of payment. He said he would o6,7ect to others not being assessed at this same rate. He said his assessment should not be accelerated and others not pay their share. � ^, ? i.__ REGULAR COUNCIL MEETING OF SEPTEMBER 24, 1973 PAGE 9 Councilman Breider addressed Mr. Harris and said Mr. Harris was on the Council when the escrow amount was established for this area. He added, there was to 6e money escrowed for all of the new development of the area and this would be for Mr Harris, any other devel�per or anyone buying a house in the district. Councilman Breider said he did not know where the objections were. � Mr. Harris said he was not ob�ecting to this amount of escrow, if the rate were to be equalized. He said he did not see where some could pay $2.00 and some $5.00 while he would be paying $7.04. Councilman Breider said the rate of assessment in the district would be equalized in the future. Mr. Harris said he could live with this, but this was difficult land to develop. The City Attorney said it would be a matter of record in the Council minutes that Miller, 0'Bannon and Harris had been treated this way, and as long as the costs are lower than the $800, this would accommodate the needs of the area and be consistant with the policy. Mr. Harris questioned tf the City would he doing the work on the pond and assessing ii back to himself. The City Engineer said yes, this would be the entire area marked as E. The City Attorney said the entire amount will be assessed when the pro�ect is complete and assessed, but the $800 will be paid when the bu�lding permit is taken out. He satd when the assessment roll is complete, the escrowed money would be taken out for the payment of the assessment costs. Councilman Utter questioned if there would be a problem created because Mr. Harris did not tntend to do the construction of the area. He would only be � platting the area and se7ling the lots. He asked if this would require the the homeowner to pay the escrow amount when applying for a building permit. The City Attorney said he would be concerned ahout inquiries made for title searches, would the assessments be listed as in and paid for. A resident of the area said he would be paying $1,900 for the storm sewer assessment and his property was 145 feet by 190 feet. He asked if there would be any consideration given to those people who were unable to divide or further develop their property because of the approval of the plat. He said this was an unusual circumstance. Mr. Don Severson, 6549 Anoka Street N. E., said he has had five houses in the area and had resided there since 1949 and there had been no water problems in 45 years. He said if the developer wants to develop a swamp, why do the property owners have � aay for it. He said for the past 25 years there has 6een a swamp there and when a developer goes in, the area property owners have to pay for it. Another resident said thts wou�ld be done if a developer came along or not. Councilman Breider said this area has never had storm sewer per se. He said the water had to be directed somewhere, He said the present property owners are collecting everyone else's water. He said if the developer has platted the land, he would not have to take everyone else's water. He added, the Council � had developed a policy of ptece meal development of the �rea in which the people would be assessed as the area developes. He said he did not th�nk it would be fair to the people in other districts if a large general tax levy were created for the acquisition of the entire parcel. He said there would be an assessment whether or not Mr. Harris was to develop the property. He said the proposal of the area last year had 6een for the construction of duplexes and this had been turned down by the Council. Now the proposal is for the construction of R-1 dwellings and a nice development. The City Attorney said if the City is to collect water in a storm sewer system, it cannot dump the water on private property. He added, in a natural state, the water may run on the property, but it would be difficult for the City to drain on private property, there are laws against this. He recalled the G7over Lawsuit and said a situation like this had ended up in court, and in hts opinion, this was s,imilar. 1?� REGULAR COUNCIL MEETING OF SEPTEMBER 24, 1973. PAGE 10 Mayor L�ebl said there would be three alternatives, One would be to put in the expensive system wh�ch would be underground and cost over a m�ll7on dollars. He said there is a possibility this may be aided by some federal funding. Mayor Liebl said the second type of proposal would be the proposed method of piece meal development of the area. He said this wou7d be as the land is developed, those benefited would be assessed. He added, anyone has the right to develop land if the zoning is proper and requirements are met. � Mayor Liebl pointed out that the developer may force the City into court and recei�e favorable �udgement on the development. He continued by explaining the Metro Council will not allow any more cesspools and the City must provide a system for all deve7opment. He said according to the requirements of the Federal Governments and the Metro Council, the City is to provide proper services for all development. Mayor Liebl said there seems to be some misunderstanding that the Council may be trying to help Mr. Harris. Mayor Liebl asked each member of the Council individually if he had any money in the proposed plat and each of the Council members, including himself said they �fd not. He said Mr. Harris had been a member of the Council, but he had worked w�th many property owners to acquire this land and it•was his constitu- t�onal right to be a61e to develop it. A resident of the area asked�if the drainage system to the pond�ng area were to plug up, would they have to pay for the system again. Mayor Liebl assured the resident that the system would be of proper design and would not plug up. The City Engineer said if the pond is developed properly and maintained, it would not be dra�ned at a later date, Mayor Leibl said the pond would be owned by the City. A resident of the area questioned the safety of the use of an open ditch for the overflow of the ponding area. Mayor Liebl said this ditch would have to meet environmental standards, and if the City would obtain the right of way, they would have to maintain the area. The City Engineer explained the ditch would be shallow with slopping sides and added, this would be piped when the � district could afford the pro�ect, but at this time, it would be cleaned periodically. He said this would be done with a nominal maintenance cost which would come from maintenance funds, not assessments. Mayor Liebl said it is very difficult to resolve the storm sewer problems of the second ward because of the geography of the area. He thought the City could ask for a grant to aid in the funding of the installation of the mains in the area. He added, he did not think the people of the area could afford the �nstallation of an eight foot pipe for this system. He said it would be possible to take care of some areas and get the water stored some way. Councilman Breider said his interpretation of the ditch would be when the lake rises, the overflow would be directed in the ditch and proceed to Moore Lake. The City Eng meer said the lake would have to fill up before any water would run out of the area to the ditch. Counci7man Breider said the water would not run in the ditch after every rain. A resident asked if the d�tch wou7d be fenced to protect the small children of the area, Mayor Liebl said this would depend on the situation, if it is at all unsafe, this would be taken care of. A resident satid there are 31 children in the area where the ditch would be created, and this would go through their back yards. Councilman Starwalt said he had seen what had been called the County ditch � and one man had built on the top of the ditch. He said this has been there for many years to take care of the flood level waters such as the 100 year level of rain. Councilman Starwalt said he believed the ponding area would take care of the many levels from one to two feet. Mr. Roy DeMars, 1442 Mississippi Street, sa�d he had lived in the area for 27 years and there has always been a ditch, but the ditch has been dry. He said he would not be gaining a thing by the dredg�ng of the Harris property and he is being assessed the same rate for an acre of land, A resident of the area asked what the cost would be to dig the ditch between 64th and Moore Lake. The City Engineer said this had been estimated at $3,800, The resident asked who would be paying for the ditch. The City Engineer said those west of Arthur Street are not being assessed, but would tl �I �� : �'J REGULAR COUNCIL MEETING OF SEP7EMBER 24, 1973 PAGE 11 eventually be assessed for the storm sewer improvement, also. A resident asked if the ditch had to be put in to complete the plat at this time. The City Engineer explained the water would be going where it is going now. A resident said the only time there is water in the ditch is in the spring before the frost comes out of the ground. A resident asked when � improvements would be done on Mississippt Street and would this include storm sewer, curb and gutters? The City Engineer said there would be a hearing on this matter. He said the improvement is scheduled for installation in the 1974 season, but the property owners would receive notice of the hearing on the improvement. Councilman Utter asked Mr. Mike 0'Bannon, County Commissioner, if there was a possi6ility that the County would maintain Mississippi from Central to the City lromits. Mr. 0'Bannon said this would 6e possible if Ramsey Counci7 would maintain Mississippi as it connects at the City limits. He said hy State Law, if the County is to maintatn the area, it would have to connect to another County Road. A resident asked what would change in the future to enable Fridley to obtain funding for the improvement from the Federal Government that is not existant at the present time. Mayor Lieb7 said he believed this to be a political question and this type of funding is done on a first come first serve basis He thought the City could �usttfy the need and cost from the local standpoint. He added, the money would be spent on a specific purpose. Mayor Liebl said he did not know how much money was avai7able for this type of pro�ect, 6ut he thought the City should at least try for the funding. He added, if it would be possible to obtain the funding, the money would benefit the entire district. He indicated this would be the only way to complete the proposal of 1968 for the complet�on of the pro�ect. Mayor Liebl said if the Federal money is ohtained, the City can allocate it as it sees fit. � A resident asked if the application for the funds could be made before Mr. Harris' plat is developed. Mayor Liebl said this could not be held up for an answer from the Federal Government. The resident said he would ask the City to make application for such funding and not tear up the area until some determination is made. The City Attorney said there is no funding available for storm sewer pro�ects at this time. The City Engineer said they had tried to fund the project in 1968 and now, the proposed cost is only over 1/10 of what was 6eing talked about at that time, The City Engineer stated the City would keep trying as long as there was a hope, The City Attorney said at the present time, �t �s so difficult to obtain funding for improvements that the Federal Government requires an application to submit an application and they are not taking any applications. Counctlman Starwalt said the total taxes paid in the area the previous year was $550, and if the land is to be develope�, this would bring the City a great amount of tax revenue. A resident of the area said he could see where the City would benefit by the additional tax revenue it would receive, but he did not see where the property owners abutting the plat would benefit. The resident sa�d he thought the � cost of the improvement would 6e justified only to the developer of the plat. He suggested the developer would be getting off scott free and the area people would pay for him to be making a profit. He said he would like to ask the Council to reconsider the costs to the ad�oining property owners. Counci�l�man Breider said it would be another year before the final assessments are levied. He added, the present amount is an estimated amount and the final assessments would not be known unti the improvements are in. Councilman Nee asked the people present if they were aware of what was being done in this pro�ect. He added, the list was lengthy and he would not under- stand if the list was not before him, The City Engineer said the improvements had been explained to the people and the total amount to be assessed would be $153,000 and this was the second of two proposals given to the Council and the City adopted the recommendations �� �,� f� REGULAR COUNCIL MEETING OF SEPTEMBER 24, 1973 so the developer would pay more, PAGE 72 A resident of the area asked how big the ponding area was. The City Engineer said there would 6e 8� acres in Fridley and 1z acres in New Brighton, about ten acres total ponding area. Councilman Breider said there would be 1z acres of park and public access to the ponding area. Councilman Utter said he thought there would be more than 1 z acres. A resident asked private property property owners. if the shoreline of the ponding area would be essentially Mayor Liebl said this property would belong to the surrounding Councilman Starwalt po�nted out the area that would be park and said it is now under water, Mayor Liebl said this development would be simi7ar to one in Edina and the homes would range in price starting at $40,000. The resident said he thought this would be a lovely area, but asked ifi*, would be possible for the City to acquire the lots around the lake. Councilman Starwalt said it would be like Locke Lake where the surface of the water would be public and there would be public access to the lake. Councilman Starwalt said he thought this would be a nice area, now it is a swamp. A resident questioned the City Attorney asking if in other,areas there had been a precedent set by assessing a large lot that could not be developed. He asked if the amounts of the assessments could be reduced. The City Attorney said the area is usually assessed uniformly on a square foot basis, but the Council has to take into consideration the benefits divided by the assessments. He added, if the property owner can convince the Council that the assessment is greater than the benefit gained, the Council could reduce the assessment. He said the assessment would also be subject to court review, but to determine if a different rate p'er 100 square foot couTd be considered, he had not seen it done. The resident said there are people who are hemmed in by the plat and they cannot develop their property. The City Attorney said the people would have to convince the Council or the Court that the�particular benefit is not as great as the assessment. The City Engineer said this piece meal system fits in the overall plan and the assessments would be equalized in the future. MOTION by Councilman Bre�der to close the Public Hearing. Seconded by Councilman Starwalt, Upon a voice vote, all voting aye, Mayor Lieb7 declared the motion carried unan7mously and the Public Hearing closed at 10:31 p.m. Mayor Liebl asked if the port�on of the assessments dealing with the Michael Servetus Addition was to be discussed. The City Engineer said it would not have`to be discussed as the people had asked that it be deleted. BLIC HEARING ON 1974 BUDGER (CONTINUED MOTION by Councilman Breider to continue the Public Hearing on the 1974 Budget. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimous7y and the Pub7ic Hearing continued. Mayor L�ebl said the workshop meeting on the Budget for 1974 would he the following evening in the Community Room at 7:30 p.m. RECESS: Mayor Liebl called a ten minute recess at 10:35 pum. RECONUENED: Mayor Lieb] reconvened the R2gular Council meeting at 10:50 p.m. � � � REGULAR COUNCIL MEETING OE SEPTEMBER 24, 1973 PAGE 13 CONSI�ERATION OF FIRST READING OF AN ORDINANCE REGULA�ING THE PARKING OF CER I C MMERCIAL EHI 5 UP U IC STREETS IN RESI�ENTIAL DISTRICTS MOTION by Councilman Breider to tahle the consideration of the First Reading � of the Ordinance because there may be some conflict with the Junk Vehicles Ordinance Number 39�2 Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unan�mously, , � � The City Attorney said he would look at the Junk Vehicle ordinance to deter- mine if the two would be in`conflict. NEW BUSINESS: FIRST READING OF AN ORDINANCE FOR REZONING REQUEST ZOA #72-09, CENTRAL A�TO P RTS TO REZONE LOT 10, BLOCK 1, CENYRAL VIEW MANOR FROM C-25, TO -,� T� MAKE ZONING CONSISTANT WITH PROPER Y LINES 1207 - 73z AVENUE N. E. : MOTION by Councilman Starwalt to waive the reading of the ord�nance and adopt the First Reading of the Ordinance requested by Central Auto Parts. Seconded by Councilman Utter. Upon,a roll call vote, Breider, Starwalt, Liebl, Utter and Nee voting aye, Mayor Liebl declared the motion carried unanimously. FIRST READING OF AN E AMENDING THE CHAPTER REGARDING THE SALE OF MOTION by Councilman Utter to waive the First Reading of the Ordinance and adopt the First Reading. Seconded by Councilman Starwalt. Upon a roll call vote, Starwalt, Liebl, Utter, Nee, and Breider voting aye, Mayor Liebl declared the motion carried unanimously and the first reading adopted. FIRST READING OF AN ORDINANCE AMENDING CHAPTER REGARDING THE SALE OF RE IN 0 HE PRE SES AF ER : ,M.: MOTION by Councilman Utter and adopt the First Reading call �ote, 5tarwalt, Liebl, declared the motton carried FIRST READING OF to waive the First Reading of the Ord�nance Seconded by Councilman Starwalt. Upon a roll Utter, Nee, and Breider voting aye, Mayor Liebl unanimously. AMENDING CHAPTER REGARDING THE SALE OF NON- T MOTION by Councilman Utter to waive the First Reading of the Ordinance and adopt the First Readrng. Seconded by Councilman Starw�lt. Upon a roll call vote, Starwalt, Liebl, Utter, Nee, and Breider voting aye, Mayor Liebl declared the motion carried �nanimously. OF FINAL PLAT P. S. #73-06. HARRIS LAKE ESTATES. BY DAVID HARRIS Mayor Liebl asked Mr. Harris if he was willing to pay the amounts for the improvements of the area that had been discussed previous7y during the Public Hearing. MOTION by Councilman Starwalt to approve the Final Plat submitted by Mr. David Harris and appeared on page 5 of section III of the agenda with the seven stipulations recommended by Planning Commission. Seconded by Counci7man Utter. � ?� REGULAR COUNCIL MEETING OF SEPTEMBER 24, i973 PAGE 14 A resident of the area said he would like to see the final plat delayed until more people of the area could submit their ideas on the usage of the area. He said he would like to establish 75 feet around the ponding area as public property because there are many people who would be contributing to the water running into the ponding area. He suggested a bicycle path be created, or some use that would be directed a little more to the people of the area. Mayor Liebl said there had been a Public Hearing on the Plat the previous � Monday evening, and at the present meeting there had been a Public Hear�ng on the improvements. He said as he saw the matter, this development would have to be private property. He added, the people who reside on Rice Creek do not want to give the people access, they like to keep the property private, and this is the most efficient method of having the area beautifully maintained. He said the 75 feet would create great damage to this area. Mr. Harris said giving this amount of property would make the lots unbuildable. He said there will be public access in the park area and the lines of the ponding area would not be straight as the lines of the plat map indicate the property lines. He added, �f a path were instailed, it would have to be a one way path to New Brighton, Mayor Liebl said the City was presently trying to establish lot lines that would extend into Locke Lake establishing private property to the lake. The resident asked what if Lake Nokomis had no public access to the lake. Mayor Lieb7 said this was a different situation as this was park property. The resident said this was because the Minneapolis people had the foresight to obtain it for public purposes. He said the people of the area would only get a glintpse of the area from Mississippi Street if the present plan were adopted. Councilman Utter said it may be years before there are homes in the area. � He said Hennepin County had been acquiring land outside it boundaries and had recently obtained some in Maple Pla�n, Minnes�ta. He added, if the City of Fridley had the money to do this, it would be fine, but the lots would cost the C�ty at least $6,000 each as ihey are now. Councilman Utter said at this rate, the people of the City would not go for the idea to acquire the lots around the lake for a park. The resident said he would ask the Gounci7 to delay any action until the people of the area were able to have some input on the use of the property. Mayor L�ebl sa�d he had not seen any opposition to the plat at the Public Hearing. He said perhaps there were one or two people against the plat and at least ten people for it. The resident said those who had been notified were those who resided only 300 feet from the proposed plat and now the other people had been make aware of this through the assessment hearing. He added, he realized the storm sewer system would have to be instal7ed in the area and the peop7e of the area would be assessed for the improvement. He said some of the area residents do not think the proposed usage of the property is as nice as it could be. Councilman Utter said he had spoke to those involved in the consideration along w�th Mr. harris and the Acting City Manager. He said he had been questioned earlier in the evening by the Chairman of the Parks and Recreation Commission and the Chairman asked if it would be possible for the C�ty to , obtain more land for the parks in this area. He added, he had spent hours with Mr. Harris and had received assurances that the amount in excess of the acre and a half would be dedicated for parks. Councilman Utter said the Commission would lzke to acquire three acres in this area, and if there is any way this could be worked out, he would see that this is done. He added, he too would like more park property and the people had petitioned for a hockey r�nk in this area, He thought this would be an ideal location for this type of installation Councilman Utter said if the land were to be acquired, �t would have to be taken from the Park funds, � REGULAR C�UNCIL MEETING OF SEPTEMBER 24, 1973 PAGE 15 Mr. Harris said he had met with the members of the Plats and Subs Subcommittee and no one had spoke in opposition to the plat. He said the people of the area effected by the plat were notified and had no opposition to tt. He added, the proposed development and plat was in line with the ordinances of the City. Mr. Harris said it would be necessary for him to have approval on the plat as soon as possible so the engineering aspects of the area could be worked out. He added, the dredging should be done in the winter months and should not be done in the spring. Mr. Harris said he had spent alot of money and time and he had done what the Ciiy had requested of him. He said he would like to try to work out the details on the exchange of property to create the larger park, but he would not like to have the plat held up any longer for the consideration of this matter. Mr. Harris requested some action on the plat so he would be able to determine where he stood in the matter. Mayor Liebl said the Plats and Subs Committee and the Planning Commission had recommended approval of the plat. He added, the matter had heen before the Council in a Public Hearing. He said it would be in order to vote on the matter. Councilman Breider said he would like to go through the stipulations of the Planning Commission tnd�vidually reading them into the record. i!a 3 Drainage and storm sewer 6e determined before development. Mayor Liebl said this matter had been taken care of. Temporary turn around provided at the end of 63rd Lane. Mr. Harris said this had been provided for permanently on the plat. Underground utilities be used. Mr. Harris agreed with the stipulation. 4. Include a tot lot on the plat. Mayor Liebl said the park property , had been provided for and this would be 12 acres at the present time and additional park pt^operty acquisition would be negotiated with Mr. Harris and an exchange will be executed �f it is feasible. 5 3 7 . , 9 Developer plant a tree on each. Mr. Harris agreed with this stipulation. Foundation e7evations be established and checked for waterproofing of foundations. Radius be provtded at all intersections. Mr. Harris said this had been provided for. Counci7man Nee said he was concerned that there had been a greater lake presented than would be realized in actuality. He questioned if it would be possible to somehow establish ele�ations, he did not want the people to think this would be a lake and after a few years the conditions would not allow the operation of a canoe in it. Mr. Harris said the City Engineer and his eng�neer would 6e working together to obtain a 6alance of fill and provide slopping s�des to the ponding area. Councilman Nee said he was also concerned about the City's commitment to maintain the area as a �ewel lake that is a ponding area. � Mr. Harris said those people who reside on Rice Creek take care of the area and maintain the shore line, and the same would be true for the properties around Locke Lake. He said this is not the case in Locke Park, because the City does not have the funds or the personnel to properly maintain the shoreline. He said the water's edge is quite different on public and private property. Councilman Nee said he would like some language on the record as to what the City was to be maintaining. He asked if this would be a ponding area? Mr. Harris answered this is true. Councilman Nee asked what would happen if the area would at some time fill with cattails, it would still do the purpose of ponding for the City. Mr. Harris said this type of stivation would be prevented by engineer7ng standards. Councilman Nee said the chtckens are coming home to roost on Locke Lake because it is filling in. He said he would like some way of convey�ng to � `.' ,� REGULAR COUNCIL MEE7ING OF SEPTEMBER 24, 1973 PAGE 16 the people to not have their expectations too high on this ponding area. He asked if it would be possible to call the area a water storage area on the plat. The City Engineer said the developer understands the concerns of the Council and he would recommend that a depth of from three to six feet 6e established for the pond. Councilman Nee asked if this could appear somewhere in the title search. The City Engineer said this would he City property. Councilman Nee said the salesmen in the area had stated there would be a park were Midland now stands, he would like to make sure this sort of promise is not made in this area about the ponding area. The City Engineer sa�c! the record shou7d state that this would be a retention area with a depth of from three to six feet. Councilman Nee said the area may turn green and fill with lily pads. Mr. Harris said the area would be more expensive for the reason of preventing this. He added, other aspects have been considered that would reduce the possibility of this type of deterioration. Councilman Nee asked Mr. Harris if he would ob,7ect to the words "ponding area" being added to the plat. Mr. Harris said no, but the people may not see the area as a pondmg area, they will see it as a lake. The City Attorney said it was wr�tten on the plat at the present time. The City Engineer said this would be taken out. The City Attorney said it would be possible to stipulate this appear on the final plat. Mr. Harris pointed out the ponding area and the present wetland on the plat map. The City Engineer said th�s could be called a storage area. Mr. Harris said he would prefer the wording as ponding area. MOTION by Councilman Nee to amend the motion and add stipulation number eight, that the words ponding area appear on the final plat and the depth of the ponding area would be from three to six feet. The motion was. seconded. Upon a vo�ce vote, all voting aye, Mayor Liebl declared the motion carried uannimously. UPON A ROLL CALL VOTE of the original motion, Utter, Nee, Breider, Starwa7t, and Liebl voting aye, Mayor Liebl declared the motion carried unanimaus7y and the final plat approved. RECEIUING THE MINUTES OF THE PARKS AND RECREATION COMMISSION OF SEPTEMBER 5, 1973: MOTION by Councilman Breider to receive the minutes of the Parks and Recreation Commission meeting of September 5, 1973 and concurring with the recommendations for the names of the Parks, Ruth Circle Park and Skyline Park, and noting that the minutes are on time. Seconded 6y Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 12, 1973: The City Engineer said the items within the minutes would require no action by the Counctl. i�OTION 6y Councilman Breider to receive the minutes of the Planning Commission Meet�ng of September 12, 1973. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl dec7ared the motion carried unanimously. APPROVAL OF SENDING LETTER FROM MAYOR LIEBL TO FEDERAL COMMUNICATIONS COMMISSION: Councilman Breider sa�d he thought the letter to be very well written and the content to be excellent, but he had one minor objection. He referred the Council's attention to the amount of $5,000 in the budget for the Commission. He said he felt the 6udget should only allow the required 5% of the subscriper revenues as stated in the Ordinance. He questioned how the City would communicate the idea that it needed more money if the expenses did not exceed the income. He said this woulc! show a definite net deficit. � � r--� L_J REGULAR COUNCIL MEETING OF SEPTEMBER 24, 1973 PAGE 17 The City Engineer said the 5% would be $3,500. Councilman Breider said this would be $7,500 short of the hudgeted amount. He suggested all the figures for the budgeted amount be changed to $3,50D with the statement that the Commssion would be short with the 5%. He said he thought this to be fair to the people as the City had said this would not cost them anything. � Councilman Starwalt said he agreed with this statement. He said he would reduce the amount to $50. He said this was not just the cost of the CATV Commission, but also the additional cost of riding herd on the Ordinance. Councilman Breider said from now on, besides the $25,000 acceptance fee, $3,500 would be available to the City in addition to the franchise. The City Engineer said the $25,000 was a starter fee,and the City would obtain more revenue in the future. He said this amount may be increased to $10,000 in the future. Councilman Breider said he thought the income from General Television should be stated at $3,500 and change the letter to state that the budget proposal had been $5,000, adding that the Commission would be operating at a lower level because it is short. He said he thought the letter could be retyped and sent without coming back to the Council for approval: The City Engineer explained the City would be o6taining the $3,500 only if the F. C. C. would agree to the 5%, and this amount would be reduced to $2,100 if the 3% would have to be used. Counci7man Breider said the letter should state that the 5% is needed now. The City Attorney said this point should 6e emphasized. , Councilman Starwalt questioned on the first page of the letter the amount of 20 hours per week for engineering surveillance Councilman Breider said this would be two and a half days per work week. Councilman Starwalt said this would include report time. The City Engineer said the Company is installing cables in the entire City. MOTIQN by Councilman Breider to authorize Mayor Liebl to send the letter changing the amount from $5,000 to $3,500 stating more would have 6een budgeted for the Commission it it had been available, but it appears the budget will be short $1,500 even with the 5% of the gross subscriber revenues as amended. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. The City Attorney said he believed the letter would be proper as 3% is the minimum figure the City could obtain without action from the F. C. C. APPROVAL OF LETTER FROM CATV COMMISSION TO FE�ERAL COMMUNICATIONS COMMISSION: MOTION by Councilman Breider to approve the signing of the letter and authorize the Commission to send �t as it is very well written. Seconded by Councilman Utter. Upon a vo�ce vote, all voting aye, Mayor �iebl declared the motion carried unanimously. MOTION by Councilman Nee to receive the letter from Father Ed. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Lie61 declared � the motion carried unanimously. APPROVAL OF LETTER TO METROPOLITAN AIRPORT COMMISSION REGARDING LAND FOR GOLF COURSE: MOTION by Councilman Utter to authorize the sending of the letter to the Metropolitan Airport Commission regarding land for a golf course. Seconded by Counc�lman Nee. Councilman Starwalt said he would like the wording of the last paragraph changed stating he did not like some of the aspects of impact of the letter i .P �`� �3C) REGULAR COl1NCIL MEETING OF SEPTEMBER 24, 1973 PAGE 18 Councilman Breider referred to paragraph four and said this would change the meaning of the last paragraph if the letter were constdered on the whole. Councilman Nee questioned if a copy of the letter would be sent to Blaine. The City Engineer explained both letters would be sent with all of the attached information to both places. UPON A UOICE VOTE, all voting aye, Mayor Liebl declared the motion carr�ed unanimously. Councilman Starwalt said in the agenda, page 10-I, on the first page and last paragraph, he thought the words, "to get a decision" should be deleted from the letter. Councilman Breider agreed stating it seems the City of Fridley is asking for a dectsion, MOTION by Councilman Starwalt to delete "to get a decision" be deleted from the letter. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unantmously. MOTION by Councilman Starwalt to approve the letter as amended. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF AMENDMENTS TO FIRE RELIEF ASSOCIATION 6YLAW5: MOTION by Councilman Bretder to receive the evaluation. Seconded by Council- man Utter. Upon a voice vote, all voting aye, Mayor Ltebl declared the motion carried unanimously. MOTION by Councilman Breider to approve the amendments in the Bylaws of the Fire Relief Association. Seconded by Councilman Utter. Upon a voice vote, ali voting aye, Mayor Liebl decTared the motion carried unanimousiy. Mayor Liebl thanked Mr. Aldrich for his presence at the meeting stating, he had been patient. APPROVAL OF SENDING LETTER TO LIQUOR COMMISSIOfJ OPPOSING MOTION by Counc�lman Utter to approve the 7etter and authorize the administrat�on to send it, Seconded by Councilman Starwalt. Upon a voice vote, Breider, Starwalt, Liebl, and Utter voting aye, Nee voting nay, Mayor Liebl declared the motion carried four to one. CONSIDERATION OF SURVEYING LOCKE LAKE TO EXTEND PROPERTY INTO LAKE WITH COOPERATION OF COUNTY MOTIQN by Councilman Nee to table the item until the next meeting of the Council. Seconded by Counciiman Utter. Upon a voice vote, alT vottng aye, Mayor Liebi declared the motion carried unanimously. Councilman Nee said the County Board would be taking some action on the matter at their next meeting and 7t would be brought back to the City when the details are worked out with the County Surveyor. CONSIDERATION OF SCHEDULING COUNCIL MEETINGS FOR OCTOBER: MOTION by Councilman Breider that the Council MeEtings for October be scheduled for the lst, 15th, and 29th. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor L�ehl declared the motion carried unanimously. APPROVAL Of CANDIDATES FOR MEMBERSHIF DN THE VOLUNTEER FIRE DEPARTMENT Ronald Richard Bodin Robert Glenn Friis Robert Berner Goranson Ronald Nicholas Romanchuk James Thomas Saefke Del George Zentgraf 5824 3rd St. N. E. 4538 3rd St. N. E. 5625 5th St. N. E. 5775 Washington St. N.E 5960 Anna Ave. N. E. 7895 East River Road Age 21 Age 25 Age 28 Age 27 Age 24 Age 23 �� � , � � � - a`� � REGULAR COUNCIL MEETING OF SEPTEMBER 24, 1973 PAGE 19 MOTION by Councilman Breider to approve the appointment of the candidates for membership on the Volunteer Fire Department as recommended by Chief Hughes. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Ltebl declared the motion carried unanimously. RESOLUTION �F131-CONFIRMING ASSESSMENT FaR 1973 WATER AND SEWER MAINS, LATERALS, AND SERVICE CONNENCTIONS: MOTION by Councilman Breider to adopt Resolution #131-1973 confirm7ng assessments for 1973 Water and Sewer Mains, Laterals and Service Connections. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #132-1973 - ORDERING IMPROVEMENT AND FINAL PLANS, SPECIFICATIONS AND ESTIMATES OF THE COST THEREOF, WS&SS N0. 114: MOTION by Councilman Breider to adopt Resolution #132-1973 ordering improvement and final plans, specifications and estimates of the cost thereof, Water, Sanitary Sewer and Storm Sewer Improvement Pra,7ect #114 wrth the exception of the Michael Servetus Addition. Seconded by Councilman Starwalt, Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #133-1973 - IMPROVEMENT APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS, WS&SS N0. 114: MOTION by Councilman Breider to adopt Resolution #133-1973 ordering improvement, approval of plans and ordering advertisement for bids for Water, Sanitary Sewer and Storm Sewer I�tprovement Pro,7ect #114. Seconded by Councilman Utter. Councilman Nee questioned the condition and materials on the lake bottom. The City Engineer said according to the soil analysis done on the property, the lake bottom would be sand. Ne said there is about 6 inches of top so�l which will be dredged to the level of fresh water. Councilman IVee thought the City should have an obligation to the other people in the area, and not pay for the dredging. The City Eng�neer explained the other people would only be assessed for the land costs and the ditch. All of the dredging and cleaning of the area would be paid for by those in the Harris plat. The City Engineer explained it is a question at where to draw the line and this is a very small area now. Councilman Nee questioned how much of the work would be done for the City and how much for the plat. Mayor liebl said he though the proposal to be a fair one. The City Attorney said in the assessment areas, the Council may want to take a look at the benefit to the people. He referred to the home owner who would be paying $1,900 in assessments and said if this did not increase the market value of the property by this amount, this could be reconsidered and the balance of the assessments 6e put on the plat. Councilman Utter sa�d there would be some area to work until the assessment for the storm sewer would get to $8 per 100 square feet on the Harris property. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carr�ed unanimously. CLAIMS: GENERAL 33190 - 33312 LIQUOR 8181 - 8229 MOTION by Councilman Utter to approve the claims. Seconded by Counci]man Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. LICENSES: �C {� � REGULAR COUNCIL MEETING OF SEPTEMBER 24, 1973 PAGE 20 GAS SERVICES APPROVED BY Phase I Incorporated 1845 Stinson Bou7evard M�nneapolis, Minnesota 55418 By: Roland Miller W. Sandin New GENERAL CONTRACTOR � Flynn Construction 7909 6th Avenue South Anoka, Minnesota 55303 By: Thomas Flynn C. Belisle New Heinen Homes Incorporated 839 Northdale Blvd. Coon Rapids, Minn. 55433 By: LeRoy Heinen C. Belisle New John's Construction Inc. 8540 Hastings St. N. E. Minneapolis, Minn. 55434 By: Jahn �ahl C, Belisle New McCall & Company 5435 Lyndale Ave. S. Minneapol�s, M�nn. 55419 By: �avid McCall C. Belisle Renewal North Central Builders 4716 42nd Avenue N. Minneapolis, Minnesota 55422 By: E. J. Patterson C. Belisle New Leslie Tranby Roofing & Siding 6917 Valley Place Crystal, Minnesota 55427 By: Les17e Tranby C. Belisle New 11oCo Construction � 5143 Red Oak Drive New Brighton, Minnesota 55112 By: Lawrence Vossen C. Belis7e New HEA7ING Acme Sheet Metal Company 924 Raymond Avenue St. Paul, Minnesota 55114 By: Wayne Parriott W. Sandin New All Season Comfort 1417 18th Street N. W. New Brighton, M�nnesota 55112 By: Richard Larson W. Sandin Renewal Englund Heating Isanti, M�nnesota 55040 By: Richard Englund W. Sandin New MASONRY Lance Bartlett, Inc. 9725 Humbolt Ave. S. Minneapolis, Minnesota By. Lance Bartlett C, Belisle New �amison Brothers Cement 1851 Radisson Road Minneapolis, Minnesota 55434 By: Fred Rehbetn C. Belisle Renewal MOiION by Councilman Utter to approve the licenses. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Lieb7 declared the motion carried unanimously. ESTIMATES: Bianconi Construction Company 986 Bayard Avenue St. Paul, Minnesota 55102 � , � REGULAR COUNCIL MEETING OF SEPTEMBER 24, 1973 Charged to Project #103 $10,140.02 Charged to ST. 1972-1 & 2 28,257,20 Total 38,39 .22 Less Estimate #1 8,914.26 DUE FINAL ESTIMATE #2 Ken Christiansen Painting, Inc. 7525 Fourth Street N. E. Fridley, Minnesota 55432 FINAL Estimate #2 for Water Improvement Pro�ect No. 109A, Painting of Filtration Plant #2 Comstock & Davis, Inc. 1446 County Road J Minneapolis, Minnesota 55432 Partial Esttmate #4 for Sanitary Sewer & Water Improvement Pro�ect No. 112 from July 30 through August 31, 1973 Partial Esttmate #7 for Water Improvement Pro�ect No. 111 from July 30 through August 31, 1973 Partial Estimate �6 for Street Improvement Project No. 1973-1 and 2 from July 30 through August 31, 1973 Bury & Carlson, Inc. 6008 Wayzata Boulevard Minneapolis, Minnesota 55416 Partial Est�mate #6 for Street Improvement Pro�ect ST. 1973-2 Partial Estimate #6 for Street Improvement Pro�ect ST. 1973-1 Weaver, Talle & 316 Matn Street Anoka, Minnesota Herrick 55303 August Retainer and for services rendered dated September 14, 1973 PAGE 21 $ 29,482.96 1,154.87 467.94 1,200.06 1,316.83 19,920.77 46,549.30 1,730.00 MOTION by Councilman Nee to approve the estimates. Seconded by Councilman Bretder. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF WAIVING FEE FOR VIET'S A�DITION, REQUESTED BY LONDA ENGLUND: MOTION by Councilman Nee to waive the fees for park purposes for Viet's Second Addition as requested by Londa Englund. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unantmously. COMMUNICATIONS. MINNESOTA DEPARTMENT PUBLIC SAFETY: FRIDLEY CIUIL DEFENSE CERTIFIED FOR FE MOTION by Councilman Breider to receive the communcation from the Minnesota Department of Public Safety regarding the Fridley Civil Defense Certified for Federal Assistance Programs for 1974 dated August 29, 1973. Seconded by Councilman Starwalt. Upon a voice vote, all votinq aye, Mayor Liebl declared the motion carried unanimously. FIRE DEPARTMENT: INVITATION TO OPEN HOUSE: MOTION by Councilman Starwalt to receive the commum cation from the Fridley Fire � �� REGULAR COUNCIL MEETING OF SEPTEMBER 24, 1973 PAGE 22 Department, an invitation to the open house dated September 19, 1973, with the open house scheduled for October 7, 1973. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Breider to ad,7ourn the meeting. 5econded by Councilman � Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of September 24, 1973, ad�ourned at 12:00. Respectfully Submitted, /� �� `�i�o ''�'QId'� � �1. Patricia Ellis Frank G. Lie 1, Mayor Secretary to the City Council [�e-C��/� / 9 7`3 Date Approved. � �