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11/12/1973 - 00016134� L _I L� �P z `i r , , THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF NOVEMBER 12, 1973I The Public Hearing Meeting of the Fridley City Council of November 12, 1973 was called to order at 7:30 P. M. 6y Mayor Liebl. PLEDGE OF ALLEGIANCE: Mayor Liebl led the Council and the audience in saying the Piedge of Allegiance to the Flag. INVOCATION: The Invocation was offered by Mayor Liebl. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT REOUEST FOR COT SPLIT Councilman Utter, Councilman Nee, Councilman Breider, Councilman Starwalt, and Mayoi° Lieb7. None. JOHN CARROLL: Mayor L�ebl called Mr. Carroll forward to enable the members of the Council to rev�ew the proposed plat. Mayor Liebl said the proposed plat would be with�n the Second Ward and indicated Mr. Carroll's question to be, which of the Subcommittees he would have to attend for consideration of approval of the plat. The City Engineer outlined to Mr. Carroll that he would have to make application for the proposed plat and attend the Plats and Su6s and Plamm �g Commiss�on meetings with his request, Mayor Lie61 directed Mr. Carroll to visit the City Offices dur�ng the hours of 8:00 A.M. and 5:00 P.��M. PRESENTATION: Mayor Liebl introduced Mr. John Boland, Chairman of the Metropolitan Council to the Council and audience. Mr. Boland explained to the Council that upon taking the duties of the Chairman of the Counctl, he had immediately appointed a personal staff, He indicated the hope that the lack of communication between the Metro Counc�l and the members of the various suburban communities would be eliminated. Mr. Boland stressed the importance of the members of the local communities getting in touch with his Administrative Assistant if ever there is a question or problem that they would be able to assist with. He said �f his Assistant would receive a call, he would know about the matter immediately. He �ndicated to the Council that it is often difficult for people to reach him, hut his assistant is �n his office the majority of the time. Councilman Breider sought an answer to the question in regard to the denial of the application for LAWCON Funds in conjunction with the Islands of Peace Foundation. He indicated the City had received the application back with the statement that the City does not have enough low income housing. He pointed out when the City had submitted the Comprehensive Plan to the Metro Council, this was sent back also with the same remarks. Councilman Breider continued, commenting that the City had made some mod�fications in the Comprehensive Plan and this 6rought �t to the level of acceptance 6y the Metro Council. Councilman Breider questioned how the City would be able to improve this condition and be el�gible for the LAWCON Funds. Mr. Boland said he was not familiar with the case in questions. He pointed out that the section of requirements which was previously #13 is now #31. He explained the applications are reviewed individually by the Council to establish a balance. Mr. Boland said the possibility of obtarning Federal money for low income housing is not in existance at this time, so it would be �mpossible to obtain assistance to improve this balance within the City. ��� PUBLIC HEARING MEETING OF NOVEMBER 12, 1973 PAGE 2 Mr. Boland referred to the question at hand and said he wou7d research the matter and get in touch with someone �n Fridley the following day with some indication on the reasoning behind the denial. Councilman Nee said Mr. Boland and Mr. Hofested had both indicated their activities in the Metro Council were to plan and guide area communities and yet, things are happening where the Metro Council staff is governing the communities and imposing their feelings on them. He continued stating the City staff is 9etting tangled with � the Metro Council staff. Councilman Nee expressed the opinion that the Metro Council should hire people on their staff who have run for office. He felt the staffing with the young college graduates was not a good method of finding people with experience in public contact. Mr. Boland said there is a large staff at the Metro Council and this does tend to tangle things up. He continued there are 14 full time people plus the Chatrman of the Council. He repeated that the Council is a politi6al body and anyone wishing input would be allowed two weeks or more to come to the Council, and request a staff report. Mr. Boland indicated the staff is trying to remove the great deal of paper work involved. He said the staff does come up with recorronendattons and the Council will rubber stamp the matters. Mr. Boland said it is his hope that this policy wi71 change and he indicated this is in the process of reversing. Mayor Liebl listed the matters�in which he believed the City of Fridley would need the ass�stance of the Metro Council: A great deal of cooperation is needed from the Metropolitan Transit Commission in establish7ng service within the City of Fridley. He mentioned the need for the young people and the senior citizens of Fridley to have transportation available. He stated, there had been a recent approval for the construction of three bus shelters in the City. 2. Assistance is needed in the area of the Metro Sewer Board. Mayor Liebl � said the City of Fridley is willing to pay their fair share and some of the area communities feel the suburbs are being used by the two core cities. He continued saying the City of Fridley had built a good system and the system had to be turned over to the Metro Sewer Board. Mayor Liebl said the City has no ob�ections to this, and paying their fair share, but this should be fair on the seven county basis also. Chairman Boland said this is the type of change he hoped to execute. PROCLAMATION: "NATIONAL BIBLE WEEK" - NOVEMBER 18 - NOVEMBER 25, 1973: Mayor Liehl expla�ned he had received a letter from Mayor Lee Alexander, Mayor of Syracruse, Chairman, Mayors' Committee for National Bib7e Week, and rn the spirit of good faith, he would recommend the Council adopt the proclamation designating November 18 through November 25 as National Bible Week. MOTION by Councilman Utter to adopt the Proclamation for "National Bihle Week" being November 18, 1973 through November 25, 1973. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor L7eb1 declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Breider to adopt the agenda as presented. Seconded by � Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. PUBLIC HEARINGS: PUBLIC HEARING ON IMPROVEMENT. STREET IMPROVEMENT PROJECT ST. 1974-1 AND 57.1974-2 MOTION by Councilman Nee to waive the reading of the PWblic Hearing Notice. Seconded 6y Counc�lman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unan�mous7y_and the Public Hearin9 opened at 8:04 P.M. � � f`� � vri, PUBtIC HEARING MEETING OF NOVEMBER 12, 1973 PAGE 3 The Acting City Manager/City Engineer, Nasim Qureshi, explained that some of the streets within the proposed improvement pro�ect had been petitioned for and some where included in the overall 10 year street improvement plan for the entire upgrading of the City of Fridley streets. He pointed out that 90% of the streets �n the City had been improved and the addition of the remaining streets would eliminate more substandard streets and equalize the cost of maintenance throughout the City. He added, some of the streets within the pro�ect had not 6een pettttoned for. 57TH PLACE - 4TH STREET TO 7TH STREET: Mayor Liebl stated the price for front foot in this area would be $14.23 per foot. Mayor Liebl asked if this street had been petitioned and the Acting City �anager said it had not been. Councilman Breider asked if the water and sewer would be included, and the Acting City Manager answered this would be installed so that the roads would not have to be torn up in the future. Mr. R. T. Simmons, 360 57th Place N. E„ addressed the Council and stated he felt it a little difficult to address the Council because he was very upset at this proposal. He explained he did not want the improvement of 57th Place because this was in back of his home. He referred to the improvement of two years ago and said the Council had indtcated this would not devalue his property and he is sure it has. He commented he is still paying the assessments for the improvement of the side street and now it is proposed for the improvement of the back street. He pointed out, no property owners had petitioned for the improvement. Mr. Marvin Hartse, 475 57th Place N. E., addressed the Council and said he did not want the street improved. He said he would be payinq for the 170 feet of street and he cou1d not afford this amount at the present time. He questioned �f there were a shortage �n road oil, would the amount of the assessments be increased. Mr. �onald Hippen, 464 57th Place N. E., said he was opposed to the improvement of 57th Place. He added, his driveway and garage are on the other street. Mr. Glen R. Ramsdell, 400 57th Place N. E., said he was opposed to the improvement of the street. Mr, Ro6ert Engstrom, 455 57th Place N. E., sa�d he �pposed the improvement. Mr. John T711er, 417 57th Place also o6�ected to the improvement. Mr. Robert R. Amborn, 4D5 57th Place, asked who would be paying for the �mprovement of the easements. Ne �ndicated there was a 30 foot easement. The Mayor said the City would be paying for the easement if it is in their possession and the County would pay �f this was their easement. The City Engineer said if the easement was the public right of way, the cost of the easement would be spread over the entire street. IRE DRIVE, DANA COURT, AND CAMELOT LANE (RICE CREEK ROAD TO MISSISSIPPI STREET uIID CTDGCT Tn TUC COCT nO V�DDTC IAVC CCT TCC - Mayor Liebl asked Mr. Harris if he was in favor of the proposed improvements and Mr. Harris said he would agree to the installation of the improvement. Mayor Liebl asked Mr. Harris if he was prepared to pay the assessments, and Mr. Harris said he would. 732 AVENUE - HIGHWAY #65 EAST SERVICE ROAD TO CENTRAL AUENUE: The Acting City Manager said the City hoped the people would get together and vacate the street and use the main access. He pointed out that now there is some building on 73z and the improvements previous7y planned would be reactivated. Councilman Breider questioned where the build�ng was being constructed. The Acting City Manager said this was Central Auto Parts. Mayor L�ebl sa�d th�s had been part of the stipulations for the added construction that the roadway be improved within two to three years. Mr. Thomas Flaherty, Central Auto Parts, 1201 73z Avenue N. E, said he had understood that this improvement would 6e in two years. P4ayor L1e61 said the assessments would be levied in 1975. Councilman Breider asked if there was a need that the street be installed at this time. The Acting City Manager pointed ou� that for the present �� � PUBLIC HEARING MEETING OF NDVEMBER 12, 1973 PAGE 4 installation of the roadway and one of the reasons was because of the Rice Creek Water Shed District concerns about the washing of the so�l of the area into Rice Creek. He said the improvement would be the one method of stopping this erosion and silting of the Creek. Mr. Flaherty said he had talked to the land owners of the area and it was the consensus of the area that the improvement not be done at the present time. � He commented on the development of the area and said the people were not opposed to the improvement, they would be more able to meet the assessment price in the future. He exp7ained that the area people are still recovering from the assessments on 73rd. Mayor Lieb7 said he could not see the dirt street there. Mr. Flaherty sa�d the area is commercial and only 50% of the property is developed, He indicated the two main property owners to be Central Auto Parts and Fridley Auto Parts. Mayor L�ebl pointed out that the assessments would not be levied until 1975. He asked �f the improvements were delayed, would the property owners give the City full support in the future. Mr. Leroy Haluptzok, 1240 732 Avenue N. E., Fridley Auto Parts, said he would favor the delay of the improvements for some t9me. Mayor Liebl again po�nted out that the tmprovement of the street had been one of the stipulations of the Bui7ding Standards Des�gn Control Su6committee when the addit�on was approved. The City Engineer agreed and said there were two reasons for the importance of the �mprovement being installed. He referred to the requests of the Rice Creek Water Shed District �o eliminate the erosion inta Rice Creek and secondly, the intent of the City to upgrade the standards of the area by improvement of the street and the installation of fencing so the cars would not be setting all over the , property. The City Engineer said there is a need for the improvement in the , appearance of the area. He pointed out that the assessments would not be levied until about 1975. Councilman Starwalt said he is familiar wiCh the area and he thought this was the worse street in the City of Fridley. Mr. Flaherty said he is attempting to improve the property, but he questioned if the construct�on of the improvements to the property could be handled along with the added expense of the levied assessments for the street improvement. He �ndicated the street is needed and wanted, 6ut did not think the financial burden of the two �mprovements could be met at the preser�t �time. Councilman Starwalt pointed out that the improvement would greatly improve the value of the property, and the assessments would not be levied for two years. He said the two year period would be enough time for the property owners to prepare f�nancially for the payment. Mr, Cliford Thoe, 7250 Central Avenue N. E., said he lived right on Central and would like to delay the improvement. He said he had 175 feet on 73rd and had a$3,500 assessment for this improvement. He said with the added assessment, th7s would be a financial burden on him. He questioned if the 7mproved 732 would be as wide as 73rd. The City Engineer said no, this would include a concrete curb and a blacktop street. Mayor Liebl said Mr. Thoe's assessment for the improvement of 73z would be $1,630 as estimated at this time. , Councilman Starwalt asked Mr. Thoe if the assessment amount included any other improvement beside the street. Mr. Thoe said no, the water had already been installed. Councilman Starwalt said he was sure the amount of the assessment cou7d be accounied for. The Ciiy Engineer said he was surprised at this price. He continued, the actual assessment never goes over the estimate. Mr. Thoe asked if he had perhaps paid for both sides of the street. The City Engineer said this wouid not be done. PUBLIC HEARING MEETING OF NOVEMBER 12, 1973 PAGE 5 Mr. Thoe said since 73rd has 6een improved, the street has turned into a drag strip and the property owners cannot stand the noise. Ne felt some of the traffic must be trave7ing at 70 miles per hour on the improved roadway. He said he had called the Police Department, but felt it was not his business to pursue the matter beyond this step, � Mayor L�ebl asked Mr. Thoe if he was opposed to the improvement of 73z at this time and Mr. Thoe said he would like to delay the improvement because at this time he is paying $1,500 in taxes on his property. BACON DRI1lE - ONONDAGA STREET TO 75TH AVE Ms. Virginia Conrad, 7440 Bacon Qrive N. E., addressed the Council and stated she ob�ected to the improvement being she did not want Bacon to become a through street. She firmly stated there is a barricade at the end of the street and the area property owners would like the barricade left there. The City Engineer said the improvement of this street had been considered in 1970 and the Council had indicated tt would be reconsidered in 1971 and installed. �he City Engineer explained that this was not brought back for improvement in 1971 and now with the improvements tn the area, �t �s the only dtrt street remaining in the area. Mrs. Conrad pointed out that some right of way would have to be acquired for the improvement of the street. The Ciiy Engineer said this would be a part of the plans for the improvement of the area. Mayor Liebl said this would be 6ought by negotiations or condemned. The City Engineer said if the City was not able to negotiate for the purchase of the property, they would go io the legal process for acquisition. � Mrs. Gonrad recalled the peop7e of the area had indicated they did not want the streets tmproved in 1970 and the City had set the improvement as�de for several years. She pointed out that she was not expressing the view that the street should not be improved, she would question the need for the installation of a 30 foot street in the area. She asked if it would be possible to construct one half of a street which would not go to 75th Avenue. She said she did not want a race track created in the area as had been done with other through streets. She said there is such a race track in the back yards of the area homes at the present t�me, and the property onwers had requested the installation of a stop sign and �t had not been installed, She suggested Arthur Street be improved instead. Mrs. Conrad pointed out that Onan had been a good neighbor and had done a good ,7ob of landscaping and had tried in all areas to conform to the wishes of the neighborhood, 6ut they did not have any control over the access and egress of the personnel of the business. Mrs. Conrad also pointed out that there is not a child in the area who does not use the street to gain access to the park, and this is a very small park and the people of the area would like it to remain this way. She stated, if they have to have a street, she would like it to be one half of a street. Mayor Liebl asked the Acting City Manager/City Engineer to explain the proposed improvement. The City Engineer said there is an accessability question. He said there is a portion of the area where the right of way would have to be obtained. He added, the proposed through street is what had been proposed all along and there had been a resolution which instructed the improvements to be installed in 1971. He again stated, this is the only dirt street in the area. The City � Engineer said McKinley Street in this area is to be improved in 1974. Mayor Lieb7 suggested that Councilman Starwalt and Councilman Utter review the area for an opinion and recommendation to the Counci7 on the improvements. He mentioned if the plat �s approved, those people would have to be considered and the City would have to be fair to i.hem also. The City Engineer said they would have to cons�der the factor of providing access to the other areas. He stressed the plan being considered was the same as was considered three years ago. He said they have provided approaches from Onondaga 75th to Bacon Drive. �iscussion followed concerning the installation of services and the storm sewer in the area. The City Engineer said the necessary water and sewer �s already in the area and there would be no additional installation of storm sewer � i� �{ PUBLIC HEARING MEETING OF NOVEMBER 12, 1973 PAGE 6 f�9r. Charles Fowler, 7425 Bacon Drive N. E., asked if ii would be possible to change the traffic pattern on Hayes to one way. The City Engineer said the reason for the traffic problems in th�s area is because of the Onan traffic is unable to obfia�n access to the highway, this is why they take the side streets and use Moore Lake along Central Avenue for access to the Highway. He said if all goes as planned, there would be a s�gnal at the intersection of 73rd and T. H. #65 next year. � A resident of the area presented the Council with letters from Mt^. and Mrs. Gary B. 0'Malley, dated November 12, 1973 and Mr. and Mrs. John G. Westby, dated November 12, 1973, stating they were unable to attend the meeting. Mrs. Conrad stated the area appears to be 7arge enough for additional development, but the actual measurements of the properties would prove this to be impossible. MOTION by Councilman Starwalt to receive the communication from Mr. and Mrs. Gary B. 0'Malley, dated November 12, 1973 regarding the improvement of Bacon Drive and also the commun7cation fY'om Mr. and�Plrs. John G. Westby, dated November 12, 1973, also regarding the proposed improvement. Seconded by Councilman Utter, Upon a voice vote, all vot�ng aye, Mayor L�ebl declared the motion carried unanimously. Mayor Liebl informed the area residents that the members of the Council would look at the area and determine the traffic prob7ems and allow for a practical use of the entire area. He stated, they wouid also have to consider the creation of �ditional difficulties on 75th. SUNRSSE DRIVE - 615T AVENUE TO T. H. #47 SERVICE RDRD: Mr. John L. Ranger, 6211 Sunrise Drive N. E., addressed the Council and said he had c�rcu7ated the petition for the improvements of Sunrise �rive. He said he is sure the amount of the assessment would hurt some people of the area, but he felt by 1978 when all of the City's streets were to be improved, this assessment would , mount in price and be more severe. He indicated nine people of the area had signed the petition for the impro �ment. He pointed out that this had not been 50% of the people of the area. He stated he wou7d favor the insta7lation of the improvement at this time. The City Eng�neer said it was the hope of the C�ty that this is what would be done. He �nformed the people of the area and the Council that this assessment would be less in this area because of the good base which is currently in tact and the improvement could use this for its hase, He stated this improvement would be half of the price that is charged in other areas where the base cannot 6e used for the roadway. He said the normal amount would be $14.OQ and this improvement is estimated at less than $5.00. He repeated the streets in Fridley w�ll all be brought up to standard by 1978 and if the improvement would be delayed, there wou7d be an increase in price. Mr. Ranger asked how the City would determine the rate according to the footage when the lots of the area are pie shaped and irregular. The Finance Director said it has been the C�,ty's policy to determine the width at the setback line of the property. Mr. Ranger asked how the easements in the area would be assessed and the City Engineer said they would be assessed equally between the property owners in the area. He indicated this would be for the road easement. Mr. Wayne Brandt, 5231 Sunrise Drive, inquired why the petition had been honored when it had not been signed by 50% of the property owners. Mayor Liebl said the Council had not honored the petition, they had only received it. He further ', explained, at the present time the people would be a61e to indicate whether or not they were in favor of the improvement at the Public Hearing. The City Engineer stressed the point that a number of streets are improved with- out the people subm�tting a petit7on for the improvement. He indicated the improvement was only being brought to the attention of the people for input and determination if it ts wanted at this time. He said if the majority of the people are not in favor of the �mprovement, it can be delayed, this would only involve a discussion at the present time, � , � PUBLIC HEARING MEETING OF NOVEMBER 12, 1973 PAGE 7 u r ! t i ' A resident who had questioned the replacement of the driveways of the area during the construction of the improvement indicated he would like to go on record in oppas�tion to the improvement. Mr. Ernest P. Powell, 6241 Sunrise Drive N. E., said he would oppose the improvement. Mrs. Richard Auer, 6221 Sunrise �rive, said she opposed the improvement She explained she had initially signed the petition, but had changed her view. RAINBOW DRIVE - JUPITER DRIUE TO T. H. #47 SERVICE DRIVE: The City Engineer said with the pet�tion submitted for the improvement of the other street in the area, this street could be included in the improvement which would reduce the overall costs of the improvement if the area people are interested in the improvement. Mr. Leonard Passon, 6211 Rainhow Drive, addressed the Council and staied he was opposed to the improvement of Rainbow Drive. Mr. Passon questioned why this area had heen by passed when the improvement of the remainder of the area was done. He said as long as the improvement was not done before, he would oppose it at this time. He questioned if the developer of the area was to have paid some money into pending assessments for this improvement. His impression was that this had been done. Mayor Liebl asked when this money was to have been paid for the improvement, was it when Sylvan Hills was planned? 7he Ciiy Engineer said this street was an oil base stabalized street, and now the improvement would be for a blacktopped street with curbing and gutters. He explained w�th this �mprovement, 100% of the cost would be paid 6y the property owners. The City Engineer further explained, the existing roadway Faill serve as a base for the improvement, and the costs of the improvement would be reduced because of this factor. ARTHUR S7REET - RICE CREEK ROAD TO MISSISSIPPI STREET. The City Engineer pointed out the area to be developed and said some of the lots in the area to the west stde of Arthur Street are vacant and have not been developed, so under this improvement, only the east side of �he street would have curbing and gutters under the currently proposed project. He also pointed out that �he Council felt they did not want to install the storm sewer west of th�s area at this time, so this would not be completed, the gutter and curb to the west would be completed when all of the improvements are installed in the area. Mayor Ltebl questioned the deletion of the curuing on one side of the street and asked what �mprovements would be added in the future. The City Engineer pointed out that this would involve the possibility of continuing the storm sewer of the area up Arthur Street to Rice Creek. He asked if the people would be getting a credit if the street is torn up and improved in the future. The City Engineer said if the street is torn up, the peor�le would receive a credit. Mr, hljalmar Anderson, 1491 Rice Creek Road, asked if Arthur Street would be improved from 64th and all the way through. The City Engineer said this is the plan. He pointed out that th�s is the only way the improvement could gain approval by the Highway Department. Mr. Anderson asked how much his assessments were estimated at. Councilman Utter said he had talked �o Mr. Harris before the present meeting and Mr. Harris indicated it would 6e possible for the improvement to run to Camelot Lane only, and not all the way throught. The City Engineer said eventually, the road would be put through, whether it be now or two years from now. He said only the people abutting the road wou]d be paying the assessments. Mayor Liebl indicated with the other streets in the pro�ect, it would make this improvement more feasible f�nancially for the people of the area. �r. Anderson said he had checked into what it �.ould cost him, he questioned if Mr. Neuman would a1so pay a portion of the improvement. The City Engineer sa�d Mr. Neuman would be paying his share of the improvement. I .i ��� PUBLIC HEARING MEETING OF NQVEMBER 12, 1973 PAGE 8 P�r. Rohyn Larson, 1482 M�ssissippi Street N. E., asked if the storm sewer would be installed on Arthur Street. The City Engineer said there had alt^eady been a Public Hearing on the storm sewer improvements in this area. Mr. Larson asked if the storm sewer piping of the area would be done before the installation of the street and the City Engineer said it would be done first, Mr. Daryl Wolf, 6446 Arthur Street fd. E., questioned the proposed tnstallment of � curbing on Arthur Street. He asked if this would just include the street which may break up at the edges �n t�me. The City Engineer explained the concrete curbing wou�d only be installed on the Harris Lake Estates Plat side of the street. He explained the drainage problems of the area, When the other side of the street is developed, he sa�d, the curb�ng and all other improvements would be added at this t�me. Counc�lman Starwalt asked if the curb could be put in at the present time. 7he City Engineer again exp]ained that the deve7opment of the area is not complete to the west of Arthur Street. He added, there would be an asphalt curb or edge which would not break up and aid in the drainage such as on 64th at ihe present time. He stated, th�s does look clean and contains the water. Mr. Wolf said he would oppose the construction of Arthur Street all the way through at the present time. MISSISSIPPI STREET - CENTRAL AVENUE TO STINSON: The City Engineer explained this roadway would be improved as a M7nnesota State A�d Road, and this would �nvolve a normal residential assessment for the people of the area. He stated, he believed this to be the poorest asphalt street in the City, and the City had been holding up the improvement because of the drainage problems in the area. At this point, there seems to be some directron on the solution of the dra�nage problems, so it would be possible for the City to install the improved roadway. He also pointed out that the School District �r14 has � requested s�dewalks be installed on the north side of the street for the children attending Rice Creek School and must use this roadway as access to school. The City Eng�neer continued explaining that the additional costs of the �nsta77ation of the side walk would be taken care of by the State Aid Funds. He stated the people would be naynq �14.41 per front foot, or the same as residential streets in other areas. He stated, the City has enough funds from State Aid to complete the project. Mr. Cletus C. Nei, 1465 Mississippi Street N. E., questioned the placement of the electrical pole in his yard and asked if this improvement were approved, would this pole be possibly moved to the lot line. The City Engineer said whenever there is an improvement, the City sends the plans for the improvement to the utility companies. He said if it is possible to change it to a better suited posit�on, this would be done at this time, Mr. Ferdinand F. Holzheu, Jr., 6491 Central Avenue N. E„ inquired if the street would be as wide as it is from Old Central to Highway �r65? The City Engineer sa�d it would not be this wide, the curbing would be angled so these two corners would match up. Mr. Holzheu sa�d he had been in he area for 25 years and for the last eight years, the traffic on the corner of Old Central and Mississippi has become increasingly worse. He questioned if there could be a stop signal installed here. �Ir, Nei asked what the grade of the road would be estab7ish�d at and the City , Engineer said �t would be basically as it is at the present time. Mr. Holzheu asked what the w�dth of the street would be and the City Eng7neer said it would be 46 feet between curbs, or 23 feet from the center. The City Engineer explained there would still be some problems with the storm sewer and the drainage of the area. He indicated the system to be provided would not be a complete system, but it would be at a lesser cost to the area people. MOTION by Councilman Starwalt to close the Public Hearing. Seconded by Councilman Utter. Upon a vo�ce vote, all voting aye, Mayor Leibl declared the motion carried and the Public Hear�ng closed at 10:24 p.m. Mayor Liebl said this would 6e placed on the Counc�l agenda for consideration the second meeting in December. r (j i� _ I�i � PUBLIC HEARING MEETING OF NOVEMBER 12, 1973 PAGE 9 PUBLIC NEARING ON CREATION OF A NEW ZONING DISTRICT CALLED CREfK AND RIVER PRESERVATION DISTRICT: MOTION by Councilman Utter to waive the reading of the Public Hearing Notice. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing opened at 9•25 p.m. , RECESS: Mayor Liebl called a ten minute recess at 10.26 p.m. RECONVENED: Mayor Liebl reconvened the meeting at 10:42 p.m. Mayor Liebl referred to the map in the agenda which indicated the zoning for the Creek and River Preservation District. The City Engineer summarized the act7on on the matter up until the present meeting and stated there would be a benefit to those people who lived within the dtstrict because they would be ab7e to obtain flood insurance in the future. The City Engineer said this ordinance would affect some of the people in the Riverview Heights area, and if there were future construction in this area, the homes would have to be flood proofed. He said ihis may affeci about 50 buildable lots. He said it would have some advantage for the existing homes in the area in that it would pay for flood damage in the future. The City Engineer explained that the City is required to adopt this ordinance as recorrnnended by the State Legis7ature. He said the plan had been reviewed by the Department of Natural Resources and the Planning Commission. He referred to the minutes of the Planning Commission meeting within the agenda folder of the Council- � men. He said the Planning Commisston had recommended to the Council adoption of the Ordinance with two modifications. He stated, the Administration concurred with the recommendation of the Planning Gommtssion. Mayor Liebl said this would be a benefit to the people who live in the flood pla�n area. He said these people would be able to 6uy insurance through the Federal 6overnment. Mrs. Margaret Iverson, 7899 Broad Avenue N. E., said her home was within the area described on the map and she questioned if she would be ab7e to rebuild the home at all if tt were destroyed more than 50% by flooding. The City Engineer said this would znvolve properties within the flood way only and the Iverson home was not in this area. He informed Mrs. Iverson, her home was within the flood plain and she would be able to rebuild the home with flood proofing. MOTION by Councilman Nee to close ihe Public Hearing. Seconded by Councilman 5tarwalt. Upan a voic e wote, all voting aye, Mayor Li�l declared the motion carried unantmously and the Pub7ic Hearing closed at 1D 50 p.m. The City Engineer pointed out that those people w�th vacant lands would be most adversly affecied by the ordinance. 7 � AND RESOLUTION #149-1973 - APPROVING REGI BERRY, GENERALLY Y. P. 5. MOTION by Councilman Breider to waive the reading of the Pu61ic Hearing Notice. Seconded by Councilman Utter. Upon a voice vote, all voiing aye, Mayor Liebl declared the motion carried unanimously and Mayor Liebl declared the Public Hearing opened at 10:51 p.m. Counciiman Nee asked Mr. Berry if he had any ob,7ect�ons to the stipulations recommended by the Plann�ng Commiss�on and Mr. Berry indicated he had none. ;� �i `� F� PUBLIC HEARING MEE7ING OF NOVEMBER 12, 1973 PAGE 10 The City Engineer explained 7f the City would not take possession of the remaining lake 6ottom, it would probably become public iand in time anyway through tax forfeit. His thought was that perhaps the City shou7d acquire the center of the lake at thts t�me from Mr. Ostman. He indicated Mr, Ostman had said he would deed the land to the City. The C�ty Engineer pointed out the acquisition would benefit the area property � owners as if there was work to be done, they would be assessed for this and the City would not take the maintenance of the lake from General Funds. His second po�nt was that this would a�d in the maintenance such as dredging and would a7so follow the pol�cy of the Rice Creek Water Shed District for maintenance. Mr. Berry pointed out that there would be seven peo�le involved in the land proposal of the present meeting. The City Eng�neer said he would not suggest the City taking ownership of the lake bottom if this would harm the entire City. If there is to be any work done in the future, the cost should be assessed to the abutttnq property owners. He pointed out there wou7d be some regulations set by the Rice Creek Water Shed District. MOTION by Councilman Nee to ciose the Pubitc Hearing. Seconded by Councilman Breider. Upon a vo�ce vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing closed at 11:00 p.m. MOTION by Counctlman fVee to adopt Resolution #149-1973 approvtng the Registered Land Survey as requested by Mr. Harland Berry and the approval of the plat with the st�pulations that an easement be dedicated to the City for the execution of Public Works procedures under the water and that after the City accepts the title to the lake bottom remain�ng parcel, this does not ob7igate the City for its entire ma�ntenance. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. The Act�ng City Manager said he would draw up the resolution and submit it to � the County. The City Eng�neer explained the applicant had requested the stipulation for the Fire Hydrant that had been placed on the building permit be waived. He stated the permit had been issued already, but the applicant would like some d�scussion on the stipulation. The Ciiy Engineer said the Council had approved the permit with this st�pulation and the applicant wanted this deleted, this was why it was on the present agenda. The City Engineer indicated boih of the persons concerned were in attendance at the present meeting, so they would be able to elaborate on the matter. Mr. Robert Hughes, Fire Chief, addressed the Council and said there would be some alternatives to the stipulation required. He added, there are some problems involved with accessability to the Fridley Bus Garage. Ne pointed out that there would be no access from Main Street except on Mississippi to the railroad track area. He said the ideal situatton would be creating a loop with three hydrants, but one alternative would be to create a driveway to the bus garage which would be plowed for F�re Truck access during the winter months. Mr. Hughes said the hydrant on Mississippi Street would be eliminated because , of the underpass, and a hydrant should 6e provided in the area to replace this one being taken out. Chief Hughes said this hydrant could be installed in the back of the �esignware property. Mr. Hughes said he had checked the conditions at the Designware Bu�lding and he had determined by this review that there is very little in the manufacturinq area that could burn, He added, the only area that would conta�n burnable material would be the office section of the building, Mr. Hughes said if the conditions at the business would not change, the hydrant on the corner of Main and Mississippi would be sufficient. � � � „ � r., ��i PUBLIC HEARING MEE7ING OF NOVEMBER 12, 1973 PAGE 11 P�ayor Liebl questioned if the �esignware property has a spr�nkling system. Mr. Hughes said he did not feel the installation of a sprin<linq system would do much good with the type of operation as there is not much that could burn. He sa�d he did not think ihere is a fire hydrant tn the plant area, and this would not decrease the fire insurance, they are paying a low rate Chief Hughes sa�d he thought there would have to 6e a hydrant put on the corner of Main and Mississippi Street. Mayor Liebl asked Chief Hughes who he believed to be responstble for the tnstallation of the hydrant and Chief Nughes sa�d he felt the City shou1d be responsible for this. He thought this was the City's responsibility because the existing hydrant was ta be taken out 6ecause of the underpass. The Ctty Engtneer said the watving of the the Fire �epartment feels there is a need hYdrant. stipulation would depend on how strongly for or the possibilzty of deleting the Mr. Hughes said he thought the installation of the hydrant on Mississippi Street would be sufficient. He added, he did not see any problems with the Bus Garage as this would be a clean operation and the hydrant urould not help Designware. Mr. Roger Christenson said he had a plow and he would be abYe to keep the driveway open and accessable to the building for the Fire Department. Mayor Liebl asked if Mr. Christenson would write a letter stating his agreement to this plan of plowing the access to the area. Mr. Christenson said he would submit a letter of agreement to this plowing. Mr. Hughes pointed out if in the future, the use of the Designware property would be changed to warehouse area, the City would have to re-evaluate the situation as this would be a hazard. The City Engineer said the requirement for the fire hydrant could be waived for the present time, with the sttpulation that Mr. Christenson plow the drive way. Mr. Hughes said Mr. Brink of �esignware would have to agree to allow�ng an easement area for the stacking of snow plowed from the driveway area of the Fridley Bus Garage. Mr. Brink indicated he would submit a letter to this effect to the City for the easement for the stacking of snow 6y Mr. Chr�stenson. Councilman Starwalt questioned why the stipulation had been made at the time the permit was granted, when at the present time, it was belnq said that it was not needed. Mr. Hughes explained the operation of the business by Designware has cut down on the amount of paper being used in packing of mater�als. Mr Brink explained by the utilization of the additional space, 80% of the packag�ng mater7als had been eliminated from the operat�on. Mr. Hughes asked Mr. Brink if there would be access to the property from the parking lot to the loading dock area and Mr. Brink said this would be no problem. Councilman Utter expressed the thought that the two people involved were decreasing their own amount of fire protection by the deletion of the hydrant from the plan. Ne stated, he would not want the property owners to come back to the Council and indicate the City had not given them proper fire protection if their building would burn down. MOTION by Councilman Utter to waive the sttpulation for the fire hydrant as requested by Designware Industries, Inc. Seconded by Councilman Breider Mr. Hughes pointed out that the hydrant water is not always needed, the truck has a large supply. Councilman Utter questioned the access within the area where there were trees. He also pointed out that the operation of Designware could again be changed with the increased use of the packaging material. Mayor Liebl indicated he had faith in the judgement of the Fire Chief and would recommend his suggestions be followed. Councilman Utter said he was not questioning the �udgement of Chief Hughes, he would question the possibility of a change in operation of the two people concerned. Mr. Brink explained the change in the operation would be less expensive than the other method previously used, and �t was his intention to alleviate the added expense of the operat�on especially with the currently being constructed addition. '���� PUBLIC HEARING MEETING OF NOVEMBER 12, 1973 PAGE 12 UPON A VOICE VOTE, all vot�ng aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF ACQUISITION OF TAX FORFEIT PROPER7Y BEING OFFERED FOR SALE• RIVERVIEW HEIGHTS, ANOKA COUNTY MINNESOTA: Block AA Parcel # Lot # 5740 5745 5750 5755 5760 5765 5775 5820 5825 5835 5870 5900 5905 5910 597 5 5920 Parcel # 6000 6005 6010 6075 6020 6030 6035 6045 6050 Parcel # 3080 3290 Parcel � 5675 5680 5685 5690 Block BB Block M Block N f3CT.7'3'�I 2 3 4 5 6 7 8&9 18 19 20 & 21 za 34 35 36 37 38 Lot # 75 16 77 18 19 20 & 21 22 23 & 24 25 Lot # 4,5,6,7, & 8 17 & 18 Lot # 1&2 3 4 5 The City Engineer said the lots in question are in the Riverview Heig hts area and if it is the �ntention of the Council, they could authorize the acquisition of the lats. Councilman Breider said the price for the lots would be $13.30 per lot or a total of $545.30, Ne asked if this would be 41 lots and the City Engineer said yes. MOTION by Councilman Nee to authorize the City of Fr�dley to acquire the 41 tax forfett lots aforementioned. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor L�ebl declared the motion carried una m mousiy. The City Eng�neer said the City would be pay7ng more for the lots with the amount of the assessments that would be due on the property. ' � � r� r� i-� f. _ PU6LIC HEARING MEETING OF NOVEMBER 12, 1973 PAGE l3 APPROVAL OF LETTER T� CIUIC ORGANIZATIONS REGARDING FRIDLEY SI�i�ER JUBILEE: Mayor Liebl indicated if the Council approved the sendrng of the letter, he would like the members to sign it at the present time. � MOTION by Councilman Utter to concur with the recommendation of the Administration and approve the sending of the letter regarding the Silver Jubilee to the var�ous civic organizations. Seconded by Councilman Starwalt. Councilman Utter questioned if the sending of ihis letter would cause confusion because the Chamber of Commerce had a7ready sent a letter concering the �ubilee. � UPDN A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unammously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 7, 1973• MOTTON by Councilman Utter to recieve the Minutes of the Planning Commission Meeting of November 7, 7973. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BUILDING STANDARDS DESIGN CONTROL SUBCOMMITTEE MEETING 0 EMBE 8, 197 : CONSIDERATION OF REQUEST TO CONSTRUCT A NEW BUILDING FOR SPECULATIVE PURPOSES LOCATED ON PART OF LOT 2, BLOCK 4. COMMERCE PARK: THE SAME The City Engineer explained to the Council that the proposed construction would be beh�nd Gazda Moving. Councilman Breider questioned the type of building materials to be used in the construction. The City Engineer pointed out the proposed construction on the plan on the easel and said there would be stone panels w�th cedar wood. He continued saying the building would be stone on the north and metal on the south. Mayor Liebl asked the applicant if he would go along with the seven stipulations of the Building Standard Design Control Su6committee and the representative of the Company agreed to the execution of the stipulations. MOTION 6y Councilman Breider to concur wtth the recommendations of the Building Standards Design Control Subcommittee and approve the construction with the seven stipulations recommended. Seconded by Councilman Utter. Upon a vo�ce vote, all voting aye, Mayor L�ebl declared the motion carried unanimously. CONSIDERATION OF A REQUEST TO CONSTRUCT AN ADDITION 70 THE � M�TIDN by Councilman Breider to concur with the recommendations of the Building Standards Design Control Subcommittee and approve the request for ihe construction with the three stipulations recommended by the Subcommittee. Seconded by Councilman Utter. Upon a voice vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously. ION OF A REOUEST TO CONSTRUCT AN ADDITION TO THE PRESENT BUILDING The City Engineer satd the Building Standards Design Control Subcommittee had recommended approval of the request with some stipulations. �()� PUBLIC HEARING MEETING OF NOVEMBER 12, 1973 PAGE 14 A representative of Simer Pump addressed the Council and said he would agree vaith all of the stipulations with the exception of Number 5 which concerns the driveway. He explained the driveway was a portion of both lots and has been for the past 12 years. He said he would have no ob,7ections to this stipulation, but it would force the other company to construct their own dr�veway instead of us7ng the mutual easement. The City En9ineer said it would be his recommendation to approve the request � and delete the fifth stipulation, with the intention that the applicant and the City would work out th�s point. MOTION by Councilman Nee to concur with the recommendaiions of ihe Building Standards Des�gn Control Subcommittee and their stipulations with the exception of the fifth, indicating the applicant will work with the Engineering Department for the satisfactory solution to the placement of the driveway. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl deciared the motion carried unanimously. TO CONSTRUCT AN AD�ITION TO THE PRESENT BUIL�TNG The City Engineer said the approval of the request would further the steps to clean up the area of Beech Street. Councilman Breider asked �f the applicant was the owner of the two buildings to 6e joined in the proposed construction, and the City Engineer said yes. Mayor Liebl said there were five stipulations recommended by the Building Standards �esign Control Suhcommittee. Mayor Liebl read aloud the five stipulations and asked the representative of the company �f he o6,7ected to any of them and the representative indicated he had no objections. � The City Engineer expla�ned to the Council that there would be some variances needed also, for this construction. The City Enginer said the Council could approve the var�ance with the condition ihat the applicant obtarn letters from the ad�oining properties to the sides. Councilman Breider said he would have no objections to ihis approval at the present meeting. MOTI,ON 6y Councilman Breider to grant the request for the proposed construction as recommended by the Building Standards Design Control Subcommittee with their sttpulations and also approve the granting of the variance in the 6ack yard setback with the stipu7ation that the applicant obta�n leiters of agreement to the granting of the variance from the two property owners abutting 7755 Beech Street or� the sides. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the mot�on carried unanimously. The City Engineer said this would be a small addition to the Railroad , Accessories Building. MOTION by Councilman Nee to concur with the recommendations of the Building Standards Design Control Subcommittee and approve the construction of the addition w7th the stipulations recommended by the Subcommittee. Seconded by Counc�lman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanlmously. CONSIDERATION OF A REQUEST TD CONSTRUC7 AN ADDITION TO 7HE PRESENT STRUCTURE S R S S . , P F � � � PUBLIC HEARING MEETING OF NOVEMBER 12, 1973 PAGE 15 MOTI�N by Councilman Nee to approve the request for the construction by Midland Coop as recommended by the Bui7ding Standards Design Control Subcommittee with the three stipulations. 5econded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously CONSIpERATION OF A REOUEST TO T _� �� j MOTION by Councilman Breider to approve the request for the construct7on of garages to be used by apartment dwellers as recommended by the Building Standards Design Control Subcommittee with their recommended stipulation that if additional parking space is needed, it will be provided, Seconded by Councilman Utter. Upon a voice vote, all vot�ng aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Utter to rece�ve the minutes of the Qu�ilding Standards Design Control Subcommittee Meet7ng of November 8, 1973. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ESTIMATES: Smith, �uster, Feikema, Haskvitz & Casserly Builders Exchange Building Minneapo1is, Minnesota 55402 Research and Preparation for Litigation, Police Pension Relief Associtat�on vs. PERA Carl Newquist Smith, Juster, Feikema, Haskvitz & Casserly Bu�lders Exchange Building Minneapolis, Minnesota 55402 Services Rendered as Prosecutor for October, 1973 Southside Plumbing and Heating 509 lst Avenue N. E. Minneapolis, Minnesota Mechanical Work on Fridley Liquor Store for period from 11/15/72 to 8/27/73 $ 907.63 $ 1,100.00 $21,615.30 MOTION by Councilman Nee to approve the Estimates. Seconded by Councilman 5tarwalt. Upon a voice voie, all voting aye, Mayor Lieb7 declared the motion carried unanimously. RESOLUTION #150-1973 - TO ADVERTISE FOR BIDS FDR PACKAGE PROPER7Y AND CASUALTY MOTION hy Councilman Nee to adopt Resolution #150-1973, to adverttse for bids for Package Property and CaSUalty Insurance. Seconded by Councilman Utter. Upon a voice vote, all voiing aye, Mayor Lieb7 declared the motion carried una m mously. CONSI�ERATION OF GIVING TIME OFF 70 CITY EMPLOYEES AROUND THANKSGIUING DAY Mayor Liebl asked if this has been the policy of the City in the past. The Acting City Manager said 7t had not been done in the past, but a number of the City employees had planned to take the day off on vacation time. The Acting City Manager said he would recommend the Council approve allowing the City employees the day off as this would create good will. MOTION 6y Councilman Utter to approve allowing the City employees to have a holiday on November 23, 1973 indicating this would not set a precedent. {An amendment to th�s motion was made at the November 19, 1973 Council meetin9 which indicated and defined the City employees to be those working a 40 hour work r� tl �= PUBLIC HEARING MEETING OF NOVEMBER 12, 1973 PAGE 16 week. This motion was made 6y Councilman Breider, Seconded by Councilman Starwalt w�th Mayor Liebl, Councilman Nee, Councilman Breider, and Councilman Starwalt, voting aye, and Councilman Utter voting aye.) Seconded by Councilman Bre�der. Upon a voice vote, all voting aye, Mayor L�ebl declared the motion carried unanimously. CONSIDERATION OF APPROVING TAX FORFEIT LOTS FOR SALE: ' Mayor Liebl read through the list of recommendations from the Administration. �' After discussion of the ind�vidual items and their probab7e or need for acquisit�on, the Council agreed that the City should purchase the following parcels at the appraised value set by the County Commissioners; Parcel #,60 Auditor's Subdivision No. 94, Part of Lot 1 Parcel #6000 Auditor's Su6div�sion No. 94, Part of Lot 5 Parcel #1180, Spr�n9 Valley, Lot i0, Block 2 Parcel �]260, Spring Valley, Lot 12, B7ock 2 Parcel #1340,Spring Valley, lot 14, Block 2 The Council agreed to acquire easement over a portion of the following parcels for streets and utilities: Parcel #2100, Auditor's Su6division No. 129, Lot 30 Parcel #2890, Fridley Park, Lots 1, 2, & 3, Block 15 The CouncTl cansensus was to hold the fol7owing parcels: Parcel #720, Auditor's Subdivision No. 129, Westerly 21 feet of Lot 11 Parcel #2890, Fridley Park, Lots 1, 2, & 3, Block 15 MOTION 6y Councilman Utter to concur in the aforementioned parcels and recommendations from the Administration. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Lieb7 declared the motion carried unanimously. AbJOURNMENT• � MOTION by Counci7man Breider to adjourn the meeting. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing Meeting of the Fridley City Council of November i2, 1973 ad,7ourned at 11:59 p,m, Respectfully submitted, �'o-G—'�.c.c�.�J �',� -I�l.11.� . :�G � Patricia Ellis Frank G. Liebl, Mayor Secretary to the City Council Date Approved �