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02/11/1974 - 00016019� � L THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF FEBRUARY 11, 1974 The Public Hearing meeting of the Fridley City Council of February 11, 1974 was called to order at 7:32 p.m. by Mayor Liebl. PLE�GE OF ALLEGIANCE: Mayor Lie61 led the Council and the audience in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Liebl, Councilman Utter, Councilman Breider, Councilman Starwalt, and Councilman Nee �Councl]man Nee arrived at 7:34 p.m.) MEMBERS ABSENT: None ADOPTION OF AGENDA: MOTION hy Councilman 5tarwalt to adopt the agenda as presented. Seconded hy Counci7- man Breider. Upon a votce vote, a71 voting aye, Mayor Ltebl declared the motion carried unanimously. PUBLIC HEARINGS: PUBLIC HEARING ON STREET IMPROVEMENT PROJEC7 5T. 1974-1 AND ST. 7974-2, ADDENDUM N0. 1: MOTION by Councilman Breider to waive the reading of the Public Hearing notice and open the Public Hearing, Seconded by Counci7man Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carr�ed unanimously and the Public Hearing opened at 7:36 p.m. ALLEY BETWEEN ELM AND MAIN STREETS i78TH TO 79T 7he City Manager said the purpose of the improvement would be to allow access to the building to 6e built in this area and access to the constructions would have to be provided. He said the total cost on this portion of the pro�ect would be $5,600 and this would only be the improvement of the alley between Elm and Main Streets. Mayor Liebl asked if there was anyone present who wanted to speak in favor of the improvement. There was no response. The City Attorney asked if there had been a petition for the improvement of the alley. The City Manager said the area developer is comm7tted to having the alley improved. 78TH AVENUE: ALLEY TO RAILROAD RIGHT-OF-WAY: The City Manager provided a map of the proposed improvement on the overhead pro,7ector and said the Council had reviewed the area in con,7unction with the vacation of some easements and also for ihe preliminary approval of a foundation permit. The Ciiy Manager said this improvement would affect Mr. Zeis's property to the north and Mr. Houser's property to the south. Councilman Breider asked if the Railroad was involved in this improvement and the City Manager said no. � The City Manager pointed out the area on the map saymg it was the port�on which would extend to the cul-de-sac. Councilman Starwalt questioned if this portion of roadway would total an expenditure of $16,144 for the completion of the street. He asked if there had been any development or such improvements in this area previous to this time. 7he City Manager said there had not been any improvements in this area. A representative of the Shalle Corporation, 7800 Beech Street, addressed the Counc�l and asked if the improvement for this portion of 78th would be $48.05 per foot. Mayor Liebl said this was correct. 79TH AVENUE: ALLEY TO RAILROAD RIGHT-OF-WAY: The City Manager explained thts improvement would 6e�in the westerly portion of 79th to serve the property south of the Zies property. He said the abutting property owners are being assessed. �, �a r!e Q,sr PUBLTC HEARING MEETING OF FEBRUARY 11, 1974 PAGE 2 Mr. Richard Carlson, Park Construction Company, said he would have an assessment of � $12,995. He explained when their facilities had been constructed, the access and a�ess was planned and installed in a different area. Mr. Carlsor� said he would not use the street for access and egress and this improvement would serve no purpose at al] to Park Construction, He repeated, there would be no benefit from the street at all. Mayor Liebl stated the record should state that Mr. Carlson ob�ects to the installation� of the improvement. ' Mr. Carlson said he is paying a very heavy assessment at the present time for another improvement pro,7ect and if this assessment were to be added to this amount, it would make the payment quite prohibitive. Mayor Lieb7 said there would be improvements in the entire City which would go along with the overall plan to complete improvements of the City streets. The City Manager sa�d this recommendation had come from the staff and this was in line with the policy the City had followed for years. The City Manager referred the Council's attention to the property to the south which had received preliminary approval from the Council for the construction of five buildtngs. He stated the Counci7 would have to make a determination ori the installation of the improvements and the method of assessment. He stated about 50% of the property owners had requested the improve- ments. Councilman Utter asked if the property in back of the property owned by Park Construction (that which abuts the raile�oad tracks) would be affected by this improvement. The City Manager said Park Construction owns the property abutting the street almost up to the railroad tracks. He said the trtangular piece is under the ownership of several people and would not be assessed for this improvement, as there would be no access to thts street to the property in question. Councilman Utter asked if Park Construction had more property on the road than the other party 6eing assessed for the improvement. He � questioned if this would mean that the 50% figure was not correct. The City Manager said the policy which was being used in this instance is the same as that which had been followed for a number of years. He said it did not make any difference if the property was larger or smaller, the determining fac�or would be the amount of front footage. Mayor Liebl stated chis is the policy the City had followed and he did not think this could be changed in this case to allow an exception. The Finance Director said for the side street assessment, one half of the residents on the north and one half of the residents on the south would be assessed. He said this type of assessment is split evenly also. He mentioned this -is the improvement hearing, not the assessment hearing and the Council could determ�ne the amount of payment of the assessments at the assessment hearing on the improvement. Councilman Breider said the Counc�l would have to authorize the improvement because it had authorized the building permits for the five buildings in the area. Councilman Sreider asked Mr. Carlson if he ob�ected to the improvemenis or the assessments. Mr. Carlson said he would recetve no benefit from the improvements. He continued stating he would pay his fair share in a case where he wouid be receiving some benefit. Councilman Nee said he wondered if the people who are developing the area could be contacted to determine if they would be willing to pick up the total assessments for the improvement. He added, maybe the issuance of the building permit could be influenced by this factor. He said he did not think this would be a deviation from what had been done �n the past and the builder would be making money off the construc- tion of the buildings. Councilman Nee said he thought the City should determine this factor before taking any action. Mayor Liebl said the determination on the benefits ta Mr. Carlson could be discussed at the assessment hearing. MOTION by Councilman Breider to close the Public Hearing. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried PUBLIC HEARING MEETING OF FEBRUARY 11, 1974 and the Public Hearing closed at 8:00 p.m. PUBLIC HEARING ON WATER, SANITARY SEWER PAGE 3 SEWER IMPROVEMENT PROJECT N0. 114 r/ MOTION by Councilman Breider to waive the reading of the Public Hearing notice and � open the Pub7�c Hearing, Seconded by Counctlman Utter. Upon a votce vote, all voting aye, Mayor Liebl declared the motion carried unanimously, and the Publtc Hearing opened at 8:01 p.m. The City Manager said the costs of the improvement would all be borne by the dev�'oper. A representattve from Shalle Corporation said he did not ob�ect to the improvement. He explained he had been notified from Chicago to attend the meeting and report back to the Company what the improvement consists �f and the cost of it. The City Manager said if there is no addit�onal beneftt to the property owners, they would not be assessed. Mayor Liebl asked the representative of Shalle Corporatton if he was opposed to the improvement and the representative said he was not opposed. Councilman Breider questioned the parcel number 7250 and said he believed this to be owned by Park Construction Company. He questioned why they were added to this project. The City Manager said this would be for the installation of the sewer and water lines in the back of the property. Councilman Utter asked why this was needed when there was already a water and sewer line in the front of the property. The Ctty Manager said this was determ��ed by the recommendation of the assessing ' Department. The Finance Director said only 265 feet of frontage had been assessed and this was the area closest to the tracks. He said th�s would not be the final assessment, this was �ust an estimate for the purposes of the hearing on the improvement. r—' � Mr. Carlson said a portion of the assessment for the water main is to be assessed to Park Construction, and the Cnmpany never intended to build in that area. He said there is nothing in the area that would burn, just heavy equipment occupied that area. He said he did not need the water main. The City Manager said to provide adequate water supply, the loop through would be necessary. MOTION by Councilman Bretder to close the Pub7ic Hearing. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor L�ebl declared the motion carried unanimously and the Public Hearing closed at 8:06 p.m. FOR TRANSFER OF AMERICAN LEGIDN LICENSES FROM PRESENT LOCATION TO 731! Mr. Henry Peterson, Fridley American Legion, addressed the Council and explained the facility they were presently leasing was vacated by the renter and the conditions were such that the water from the roof is leaking through to their operation. He said the new location would be within the complex of the newly constructed 7-11 Store on Rice Creek Road and Old Central Avenue. He called the Council's attention to the fact that the citizenship classes are currently being held by the Legion and this would allow for a very nice meettng place. Mr. Peterson requested that the Council give some ind�cation on the feasibility of transferring the licenses to 1315 Rice Creek Road. MOTION by Councilman Breider to give tentative approval of the transfer of the licenses if the Administration finds no code violations and if the operation has sufficient park7ng. Seconded by Councilman Starwalt. The City Manager suggested the Legion obtain an application from City Hall and complete the application with the necessary information, He said this requirement must be met and all of the other code requirements must also be met. He said if this is done, the City would issue the license, but the matter would still have to come back to the Council for formal and final approval. He said the next meeting would be two weeks from the present meeting. �i!_� PUBLIC HEARING MEETING OF FEBRUARY 11, 1974 PAGE 4 Mr. Peterson satd the Legion would have to be out of the present facility by the f�rst of the month. Councilman Starwalt said if the Council wou7d vote on the matter, they could make the approval contingent on the requirements of the code being met. Mr, Peterson sa�d he had hoped for some indication from the Council before the lease would be s�gned. He said they would not want to sign a year's 7ease and not be granted a license for the operat�on. The Ctty Manager said he would work with Mr, Peterson to see that there are no problems when it is brought back for Council approval. UPON A UOICE UOTE, all voting aye, Mayor Lieh] declared the motion carried unanimously. RECEIVING THE MINUTES OF TNE BUILDING STANDARDS-DESIGN CON7ROL SUBCOMMITTEE MEETING CONSIDERATION OF A REQUEST TO CONSTRUCT SPECULATIVE BUILDINGS 1-12 The City Manager sa�d this was the request for the construction of the five buildings wh�ch had been discussed previously. He added, the Subcommittee had recommended approval of the request with some stipulations. He said there would be a need for some easements and also a stipulation which would require each of the buildings to have �ts own parking space in the case that the individua] buildings would be sold. He said the time table for the completion of the construction of the five buildings would be two years. He added, if all the five buildings are not provided in this length of time, one of the stipulations would insure the landscaping of the entire area at this time. Mayor Liebl said he would want to make sUre the man was aware that he would be responsible for the proper amount of assessments on this property. He said he would recommend the addition of the stipulation that would make him responsible as the benefited party for the payment of the assessments. The City Attorney said this type of stipulation would not be necessary because the law provides for th�s. He suggested the Administration should contact Mr. Zeis and make him aware of the possible range and poss�ble assessments. Counc�lman Nee said the developer needs the utility facilities and he again suggested these utilittes be put in at their expense. He said this had been done in the past where the developer is allowed to install the utilities and then dedicate the land to the City, but in this case, it is City dedicated land at the present time. Councilman Nee said he thought Mr. Carlson had a good claim when he had stated he would receiving no benefit from the improvements. He said if the Council would let the policy prevail, Mr. Carlson would get stuck with the improvement assessments for which he is receiving no benefit. He repeated other developers have been asked to develop the improvements and deed the land to the City. , � The City Attorney sa�d the Council and the staff had talked ahout the policy being used on a front foot basis and he questioned when an exception in the policy would be made. He pointed out in residential R-1 areas, both of the property owners abuttin9 the improvement would pay equally. He said in this case, other factors do exist which would prove the other property owner would not ' have an equal benefit because he has an other access to his property. He said the Council may not want to deviate, but they could consider this improvement in light of the benefit obtained by the two property owners. He said if this matter were dealt with in the courts, they would back up what Councilman Nee was pointing out. He said each case should be weighed for its individual benefits. He suggested the assessments be leviad on a 60 to 40 or 75 to 25 basis. Ne pointed out the courts are becoming more involved in community action such as this. He said perhaps in this case, a real estate appraisor should be consulted. MOTION by Councilman Breider to approve the proposed building�lans with the stipulat�ons recommended by the Building Standards �esign Control Subcommittee and with an additional stipulation that the developer be respons7ble for the improvements necessary to the development of the buildings. Seconded by 1 � � PUBLIC HEARING MEETING OF FE�RUARY ll, 1974 Counctlman Utter. PAGE 5 Councilman Breider said he would favor this type of statement being incorporated in the motion because this would have to be determined when the assessment roll is figured and they were unable to say at the present time what the assessment cost would and should be. He said he would like the developer to be sware that he may be responsible for more of the assessment. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF A REQUEST TO CONSTRUCT AN APARTMENT COMPLEX LOCATE� ON THE The City Manager said this item would be taken care of during the next item on the agenda. CONSIDERATION OF A REOUEST TO CONSTRUCT AN ADDITtON TO THE PRESENT STRUCTURE E. The City Manager pointed out that this proposed construction would be an addition to the Fridley Assembly of God Church. He said the Subcommittee had recommended approvaT of the request with the st�pulations that the curbing be provided now or in the period of two years, and that if the brtck is structurally impossible due to the design of the building, new plans would be drawn to present a similar construction to what is existing at the present time. The City Manager placed the plan for the construction on the easel. Mayor Liebl asked if the construction would be � ccn±inuatior� of the current struct- ure styling. The City Manager said yes, there would be brick to allow a continuous looking type of structure. Mr. �erry Boardman, Planning Assistant, pointed out the area of the proposed construction on the plan on the ease7 and said the original plans called for construction of block and the Subcommtttee had recommended this be brick to b7end with the existing structure. He said if this is structually impossi6le, new p7ans would be developed to allow � continual effect in the addition construction. MOTION by Counc�lman Bre�der to approve the request for the construction of the addition with the sttpulations of the Building Standards Design Control Sub- committee. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Breider to receive the minutes of the Building Standards- Design Control Subcommittee of January 31, 1974. Seconded by Counci7man Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING 7HE MINUTES OF THE BUILDING STANDARDS-DESIGN CONTROL SUBGOMMITTEE MEETING F FEBR AR 7, T974: The City Manager said the proposal was for t� construction of a canopy type construction over the existing drive-up teller window and an addition to a new remote teller. He said this request had been made by Twin City Federal. The City Manager said this canopy would be constructed on the north side of the building. He pointed out that the Su6committee had recommended approval of the request with three stipulations. He said there was no problems with the approval of the stipulations. NY Cr PUBLIC HEARING MEETING OF FEBRUARY 11, 1974 PAGE 6 MOTION by Councilman Starwalt to approve the request for the construction by Twin City Federal with the three stipulations as recommended hy the Building Standards Design Control Subcommittee. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. The City Manager explained there had been a joint meeting of the Board of Appeals and the Bu�lding Standards committees for consideration of the item. He said th�s would be a rather large construction which would be adjacent to City Hall on 5th Street. He said the building would be a north/south building and he referred to the plan on the easel for the proposed elevations. He recalled the Council had approved the parcel rezoning and there had been an agreement with the developer at that time. He pointed out there would be a need for the approval of some variances as indicated in the minutes of the meeting. He advised the Council that the Boards had recommended ap�ra�,al of the request with the 11 stipulations listed. The City Manager commented he assumed the developer would like to proceed through the proper channels and receive the additional variances which may be required before the construction of the complex. Councilman Breider listed the various additional vartances which may be required. � Mayor Liebl said the proposal would include three different types of units, the effeciency or studio, the one bedroom and the twc�bedroom with the possible adaptation of the second bedroom being a den or study. Mayor Lieb7 asked if the recommending bodies had concurred with the proposal. The City Manager sa�d yes, with the recommended stipulations. Mayor Liebl asked Mr. Arvil ' Miller, resident of the area, if he agreed with the proposal. Mr. Arvil Miller addressed the Counci7 and said if this p°oposal was the same as presented and agreed upon at the Subcommittee meeting, he wouTd concur in it. He said if the proposal had not changed, he would have no objections. Playor L�e61 asked if any of the other area residents were concerned about this proposal. Mr. Miller indicated he was the only area resident present. 7he City Manager said Mr. Rudolph Dante and Mr. Richard Reese, Wa71 Corporation, and Mr. Jerry �ardman, Planning Assistant, City of Fridley, were present at the meeting. Mayor Lie61 said the proposal had not changed much �From the original proposals of the area. He indicated there would be R-1 residential single family homes constructed on the perimeter of the complex with the exception of the City Hali side. Mayor Liebl said he would like some indication if the Developer would agree to the stipulations of the Subcommittee. Mayor Liebl read the stipu7ations aloud to the Gounci7 and aud�ence and asked Mr, Rudolph Dante if he agreed with the stipulations, and Mr. Dante indicated he was in agreement. Mayor Liebl questioned �he item l�sted where parkTng was not sufficient. Mr. �ante said he felt with the inside parking, this would provide ample parking for the complex. He said they were reluctant to increase the amount of parking ' area for aesthetic reasons. He said if this is not sufficient, the developer would 6e the first one to want to increase the amount of spaces. Mr. Dante commented, he would not like to have a line of cars in the front of the buildtngs if this was not necessary. Mayor Liebl asked Mr. �ante if he would agree w�th the plans for the development of the drainage system in the area and Mr. Dante said they agreed with this stipulation. Mayor Liebl qeustioned 7f in the future, there is a need for a storm sewer �nstallation in the area, would the Wall Corporation pay their fair share of this construction cost. Mr. Dante said this would be agreeable. PUBLIC HEARING MEETING OF FEBRUARY 11, 1974 PAGE 7 Councilman Starwalt questioned the possihility of the installation of foot paths for foot traffic of the area. Mr. Dante said this poini had been discussed and he had determined it would not be feasi6le for the installation of the foot paths through the residential properties. He said this would create a public access to the private property. Councilman Starwalt continued saying the C�±y had determined th�s is needed �n � this location through the restdential lots to the west. He said he would not agree with the thought of the Wall Corporation. Mr. Dante said th�s had been talked a6out at the previous meetir� of the Gouncil and the Subcommittees and it had been determined � these bodies that this installation would not be feasible, He said Councilman Starwalt could revtew the minutes of the meet�ngs and this would be proven. � ' Counctlman Utter asked Mr. Dante if he agreed with the 11 stipulations and Mr. �ante indicated he agreed. MOTIDN by Councilman Utter to approve the plan with the following stipulat�ons: 1, Landscaping plan be brought to this Board {Building Standards-Design Control Subcommittee) before finalizing it on the development. 2, 3 Lighting plan be brought to this Board (Building Standards-Design Control Subcommittee} before finalizing it on the development. Dra�nage plan be used as set up by the Engineering �epartment. 4. If a future storm sewer system is needed to drain this area adequately, Wall Corporation wi71 pay their fair share. 5. Parking stall sizes and amount needed to comply with the Board of Appeals decision. 6. Look into the suggestion of using an egg shell color for the exterior walls and not white. 7. Interior garage wall will have 2 fire doors to allow for passage from one stde to the other. 8. Screened garbage areas will provide room f�r area for firetruck access. 9. Parking will be 5 feet off of the garage, separation made by a poured concrete curb, 6�nches by 18 inches, area between the curb and bui7ding will have a low maintenance material. 10. Work out driveway plan on north s�de with Anoka County, possible reta�m ng wall will be needed. 11, If planting is used for a buffer on the south side driveway, they will have to go before the Board of Appeals for a variance (from 15 feet to 7 feet). Seconded by Councilman Breider who added the following stipulations: 12 13 14 That a tot lot be provided in the complex for an area for the small children to play on apparatus, so they do not wander to the res7dential areas. That walking paths be installed through the complex area. That the developer will pay for ihe installation of sidewalks associated with the complex in the normal policy or on 5th Street. Mr. Dante said he did not believe there would be many children living in the complex and did net believe the installation of the tot lot would be necessary. He added, if the prospect�ve residents would look at the tot lot, they would believe that the complex was for children, and tfie Wall Corporation is not looking for the children in the complex. He said he would apprec�ate if the Council wou7d not add this stipulation. �, �, PUBLIC HEARING MEETING OF FEBRUARY 11, 1974 PAGE $ Councilman Nee su99ested the stipulation on the tot lot be modified to state, "a tot lot would be installed by the Wall Corporation for the apartment complex if it is so ordered by the City". Councilman Utter sa�d he did not believe the installation of the tot lot would be th�s complicated. He added, visitors to the people in the complex may want someplace for their children to be occupied. Mr. Dante again stressed this would draw peopie with children to the comp]ex. He said he would not want it suggested this would be a facility for children, Mrs. Pat Brennen, addressed the Counci] and asked if children like tennis are a passing fancy. She said she would not like the Cauncil to encourage the construction of another complex which would not allow couples with children. She said this creates an undesirable situation for the community and should be discouraged. Councilman Starwalt said he would like to add a stipulation, #15 to the list. He said he would like this stipulation to read: "That reasonable access be provided to the northeast, east and southeast for pedestrian traffic°. Mr. Dante said this would be inviting the general public to enter into private property. Mayor Liebl said th�s is all private property and this creation of the walkway would destroy the private property. He recalled in the acquisition for the property in the East River Road area, how the property owners protested to this type of installation because it woudl decrease the value of the property and also decrease the privacy on the residential property. L _J Councilman Breider said he would like to make another addition to the stipulation ' which dealt with the creation of the sidewalks and this would be to state if there are sidewalks created around the perimeter of th�parcel where the resi- dent�al properties would be, these assessments wou7d be applied to the a6utting property such as in all other cases within the Ctty, Councilman Breider questioned if the stipulation suggested by Councilman Starwalt had been inciuded in the list of stipulaiions. Mayor Liebi said there had been no s�ond to the addition of the stipulation by Councilman 5tarwalt. Counci7man Utter sa�d he had made the motion, and he would not allow this addition to the original motion. UPON A ROLL CALL VOTE, Councilman Nee voting aye, Councilman Breider voting aye, Councilman Starwalt voting nay, Mayor Liebl voting aye, Gounci7man Utter voting aye, Mayor Liebl declared the motion carried four to one. (NOTE: The completed motion which was seconded and voted upon and carried four to one, included the following iisted siipulaiions as agreed upon through the discusston by the maker of the motion and the seconder: 1. That a landscaping plan be brought to the Building Standards-Design Control Subcommittee before finalizing it on the development. 2. That a lighting plan be brought to the Building 5tandards-Design Control Subcommittee before finalizing it on the deve]opment. 3. Drainage plan 6e used as set up by the Engineering Department. , 4. If a future storm sewer system is needed to drain this area adequately, Wall Corporation wil] pay the�r fair share. 5 3 Parking stall sizes and amount needed to comp7y with the Board of Appeals decision. Look into the suggestion of using an egg shell color for the exterior walls and not white. � 1 � PUBLIC HEARING MEETING OF FEBRUARY 11, 1974 PAGE 9 7. Interior garage wall will have 2 fire doors to allow for passage from one side to the other. 8. Screened garbage areas will provide room for firetruck access. 9. Parking wi17 be 5 feet off the garage, separation made by a poured concrete curb, 6 inches by 78 inches, area between the curb and building will have a low maintenance material, 10. Work out driveway plan on north side with Anoka County, possible retaining wall will be needed. 11. If planting is used for a buffer on the south side driveway, they will have to go before the Board of Appeals for a variance (from 15 to 7 feet). 12. A tot lot be provided if so ordered by the City for the complex children. 13, Walking paths be installed through the apartment complex to eliminate bare spots from foot traffic. 14. The developer will pay for the installation of sidewalks associated with the apariment compex on 5th Street and that if the installation of sidewalks are approved on the east and south portions of the parcel abutting the residential property, the normal method of assessing the improvement would be employed and the assessments would 6e levied on the abutting residential properties.) MOTION by Councilman Breider to receive the minutes of the Building Standards- Design Control Subcommittee meeting of February 7, 1974. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF FEBRUARY 7, 1974: MOTION by Councilman Breider to receive the minutes of the Board of Appeals Meeting of February 7, 1974 and concur with their recommendations. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE ANNUAL MEETING OF THE SUBURBAN RATE AUTHORITY - MOTION by Councilman Utter to receive the minutes of the Annual Meeting of the Suburban Rate Authority of January 16, 1974. 5econded by Councilman Mayor Liebl said he would like to compliment Councilman Utter on his representation on the Suburban Rate Authority and a job well done. Mayor Liebl asked if the Suburban Rate Authority had been working on the study requested by the City. The City Manager said he had some communication with the Authoriey and they are making the study. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimous7y. k� �:� �.� �: MOTION by Councilman Breider to receive the notice of formation of a Committee for the initiation of an ordinance for prohibiting destruct�on of trees on C�ty owned public lands. Seconded hy Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF LICENSES - HOWIES: MOTION by Councilman Utter to approve the following licenses for Howies, 240 Mississippi Street, Fridley, as requested by Mr. Robert E. Gorrell: Type Approved b� Cigarette Public Safety Director Food Establishment County Health Insp. Fee $12.00 8.32 pro-rated ��� PUBLIC HEARING MEETING OF FEBRUARY 11, Type On Sale Beer Public �rinking Place 1974 Approved Ly Public Safety Dir, County Health Insp. Public Safety Dir, County Health Insp. PAGE 10 Tavern Public Safety Dir, County Health Insp. Seconded by Council,man Breider. Upon a voice vote, all voting aye, declared the mot7on carried unanimous7y. Fee $120.00 100.D0 i2.00 � Mayor Liebl DISCUSSION REGARDING REPORT FROM CITY MANAGER ON NATURALIST'S JOB DESCRIPTION AND PRELIMINARY BUDGET FOR NA URE INTERPRE I E R F 9: Mayor Liebl referred to the list of 14 duties and responsibilities and stressed an individual should be sought who will create and enhance this kind of educational value of the position. Councilman Nee sa�d he thought the matter of the budget for the creation of this type of program should be looked into. He said the budgeted amount is suggested at $40,000 and in light of the concerns for the continuing maintenance cost of the program, this should be defined, Councilman Nee said he was unable to determine from the information he had that this had ever been done before. He said he would like to know if a nature interpretive director had ever been hired without a base, to conduct a program throughout a City. He said he would iike an Administration report on whether or not this had been done before. He continued, the program suggested, h�ring a naturalist divorced from a base, was suggested in the Brauer report. He repeated he would like some report on what the City would be spending the $40,000 per year for. He said, generally he is in favor of the proposal, but would like further �nformation on it. Councilman Nee suggested referring the matter to the City's Env�ronmental C�uality Commission for their research and recommendations. He felt this was their area and concern, and this would be the advisory body for this type of operation. Mayor Liebl said the City was to initiate a new program with a new concept. He stated they had been provided information from the City Manager from all over the State. Councilman Nee said he had no ob,7ection to the proposal, he would like to see additional information on paper on what has been done and how much it has cost. Councilman Breider said he was in a little bit of a quandry about the kind of program this would be. He said the program would vary from individual to individual. He thought the individual would have to be hired before the program could 6e established. He added, the naturalist would have to propose the program. Councilman Nee said he could see what would happen if a base for the naturalist had been provided, but he did not know what would happen if there was no base or display area. He said in this case, he could not see what the program is and could not justify the $40,000 budget amount, He said he would like some idea or discussion to prove the amount is properly budgeted. � Councilman Nee said another of his concerns would 6e that many other bodies, the School Districts and the County had expressed an interest in the support of a nature interpretive program. He suggested the County 6e contacted and determine if they would be interested' in sponsoring such a naturalist which would use the City Hall for his office or base of operation. He said this type of program could allow the use of County 7and and �nterpretation of all of the County facilities. Councilman Nee said within a few days, Anoka County would have the power to obtain a few million dollars for this kind of program. He repeated he thought the City �f Fridley should contact them on this point. He repeated he thought the City of Fridley should contact them on this point. Councilman Nee said he would take on this project if the Council so desired. Mayor Liebl said he thought the money to be obtained by the County was for the installatior of a 5,000 acre nature center for the entire County, not for the City of Fridley. Councilman Nee said this was correct, but the staffin9 of this nature interpretive program could be based in the Fridley Ctty area. He recalled there were plans for the �, � PUBLIC HEARING MEETING OF FEBRUARY ll, 1974 PAGE ll installation of a youth center in the Bunker Park. He said this would be a possible base for the naturalist. He said the City was not aware of the plans of the County at all on this program. Counci7man Nee pointed out that the other School District which had expressed interest would be within the County jurisdiction and would be partially out of Fridley. He said this may be a better proposal for the County than the City. He repeated his suggestton that the County be contacted for the hiring � of a naturalist which could be housed in City Hall. Councilman Utter said it would be possible for the County to provide a space for the naturalist in the new Fridley located County Library. He satd this type of activity could be incorporated with the establishment of a small museum, a wild life display and many other possibilities. He sa9d he thought this �o be the most logical place for th�s type of activity if it was County sponsored. Councilman Starwalt said he had not known what Councilman Nee intended to propose. He said he had rece�ved many phone calls regardzng this item the last few weeks. Councilman Starwalt said he would propose that the City change the proposed amount to $20,000, but limit the proposed program to just a six month program during the summer months. He said a graduate student could be utiltzed for th�s purpose of time to develop the program. Councilman Breider sa�d he thought the concept and proposal by Counc7lman Nee was a good one. Councilman Breider said the only problem with this thought is that they were talking about a golf course. He believed the golf course site could be used for many activities all the year around. He mentioned that there could be cross county skiing in the winter months along with snowshoing. He said this is what the naturalist would be needed for and this would be needed the year around. He said the City would not be able to obtain this sort of aid in the program if the position were only available for the summer months. Councilman Breider said the naturalist could move into the construction as a base for the winter months. He ' believed if this facility was to 6e used the year around, the naturalist shou7d be included in the planning of the facility. He stated the property would have to ba used for more than one activity. As a bare minimum, he thought the City should hire one person for the remainder of the year. The C�ty Manager said he had laid out all of the information avai7ab7e from the Twin Cities and State. He said the City of Fridley had not found any program like Gouncilman Nee is indicating. He said the City of Fridley would be starting a new concept. He expla�ned the Council had indicated they wanted him to prepare a,706 description, and he thought this would not be complete w�thout some indication on the money involved in the program, He said some travel costs had 6een indicated. The City Manager said there are just a few agencies which have any dealings with the naturalist's type of posttion and a very few areas in the vicinity which emp7oy naturalists. He listed the various communities with this type of program and said the State has a manager for the nature interpretive program, but he is not a full fledged naturalist. Councilman Nee said all of the area naturalists have a base to work from. He added, the City of Fridley is talking about a naturalist with no 6ase or a defused base. Councilman Breider satd he felt items number nine and ten on the agenda would have to be combined and discussed together tf the proposal for combining the two programs were to be followed. Mayor Liebl said he would like the City's Financial Consultant, Ehler's and Associates, � to present their report. Mr. Seegar Swanson from Ehler's and Associates addressed the Council. Mr. Swanson referred to a letter from the Consultant firm of Ehler's and Associates which was dated February 11, 1974 and advised the Council that the City of Fridley could issue Gross Revenue Bonds for a golf course and there are some limitations and things they wished to point out that would need some understanding. He said the City of Fridley would have to make a pledge to the bond purchaser that the principal and interest would be paid before any money is put into the maintenance and expenses of the project. The firm had made a reasonable projection of the revenue the golf course would produce and this would be enough revenue to meet �he debt service. Mr. Swanson said the area had been studied for the indication of the rounds of golf per year which could be expected and the 6oard of Underwriters would need this information for their review. He said it had been determined as a conservative estimate that the course would need 40,000 rounds of golf per year or there would have io be a foursome � �,�, PUBLIC HEARING MEETING OF FEBRUARY 11, 1974 PAGE 12 starting every 10 minutes during the season to finance the honds. He said this was based on the course being in��Operation from April 15 to October 15 of each year. He said this would also include a study of the rain fall records for this area and the proper season. He pointed out there was some variation in the amount of fees charged and this may be from $3.75 per round to $4.75 per round in this area. He said if there are other rates such as single rates or youth rates, this would have to be determined by the course manager. He said the rate of $4.25 had been used in their ' figures. He saia tnis would provide a total of $170,000 annually for go7fing fees. He said they had figured the amount of $15,000 per year for the rental of golf carts, the operation of a restaurant, sale of refreshments, pro shop proceeds, skiing, snowmobiling, and snow sho7ng. Fie said this would bring the total revenue up to $185,000 per year. He said maintanance costs would probably range from $75,000 to $80,000 per year and th�s wou7d bring the remaining sum to about $98,000. He said the amount of $90,000 per year would be required for the debt payment. He explained, this would determine the amount of money the City could borrow, the current rate of �nterest is 6z%, He said there would be a 3� discount and the City should not enter into this beyond 20 years. Mr. Swanson stated with the yearly revenue produced at $90,000, it would be possib]e for the City of Fr7diey to obtain $950,000 in gross revenue bonds at 6z% interest for this time period. Mr. Swanson cont�nued his explanation of the report referring to page three of the letter previously mentioned. He said with the tota7 of the Bond Issue to be $950,OOD, less the bond d�scount of $28,500, two years' capitalized interest at $123,500, one year's debt reserve at $8D,000 and the finance and lega7 fees at $75,000, for a total cost of $247,000 plus the earned interest (7 year at 6%), this would leave the total available for construction, construction fees, and start up costs at $758,000. He said this had been the preliminary estimate in the Brauer Report. Mr� Swanson advised the Counc�7 that they were not to borrow the money too far in adVance and he would suggest not more than six months before the major contract. Mr. Swanson ' explained some of the reasons for this not being done too far in advance and cited the example to enable the cash flow projections to be determined. He said if the 6ids on the contract are not what they are expected to be and they are all rejected, there would be problems if the bids were not opened before the bond bids. He satd the bids should be opened before the bond bids, and this wou7d be lega7 to enable the cash flow pro,7ections to be seen. Mayor Liebl asked Mr. Swanson if the figures he had used could be called liberal or conservative. Mr. Swanson said he was saying certainly, this amount of money would not be any problem in marketing this many bonds. Mayor Liebl said he thought the $15,000 figure for the annual revenue for the added activities at the golf course was very conservaiive. Mr. Swanson said he too, thought this was a conservative figure, but he would not want to base the figures on a high estimate and not have the htgh amount reached. He said if it is determined an ad�ustment in the figures should be made, this woul� be done. Mayor Liebl asked Mr. Swanson if $50,OD0 could be obtained from the operation of the restaurant. Mr. Swanson said this would be very liberal. Councilman Nee asked if it would be a normal situation for some market research on this type of pro�ect before it is done. He said he had a feeling that there is not the demand for thts type of facility. He questioned if there is anyone who has done market research in this field. Mr. Swanson said the report indicates there is potential in this area. He said in � order to complete the study prior to selling the revenue bonds, some data would be gathered from the bond underwriters. He said this group would have access to consumer type of market research, and this would determine their bids on the bonds. He stated, there would be a professional opinion. He commented, there would not be anyone who would put $950,000 behind a project of this type if it was not guaranteed. He said in this case, the return is not guaranteed by tax dollars. He explained, there is only a tax pledge if the total is insufficient to pay the debt and the principal and interest must be paid first before any maintenance and operational costs. He repeated, the debt service must be paid first and the City of Fridley would make a pledge not to abandon this pro�ect and to continue the revenue producing facility there. J J PUBLIC HEARING MEETING OF FEBRUARY 11, 1974 PAGE 13 MOTION by Councilman Utter to receive the report from Ehler's ar�d Associates on the Gross Revenue Bonds for the constructton of the golf course. Seconded by Counci7man Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl asked the members of the Council if they were ready to instruct the City �Manager to hire an architect. Councilman Breider said he had indicated he would not be in favor of hiring a golf course architect until the City had hired a naturalist. He said he had definite goals for North Park and the two would have to go hand in hand with the planning of the facility. MOTION by Councilman Breider to instruct the City Manager to hire a naturalist to review all possibilities to the plan on the North Park site in con�unction wiih the golf course architect to create all possible uses at the one faciltty and, at the same time, hire a golf course architect to prepare a prelim�nary plan only, and report back to the Council with the preliminary plans when they are completed. Seconded by Counctlman Utter. Councilman Nee said several of the consulting firms have a naturalist on their staff. He questioned if the City should use the consultant's man. Councilman Utter said he thought the City of Fridley would want their own man on staff . Mr. Paul Brown, Director of Parks and Recreation, addressed the Council and said the County should be contacted for some financtal assistance in the project. He said this would apply to both programs. He mentioned the County had given such assistance to other communities in the County, Mayor Liebl stated the County had helped Coon Rapids. Mr. Brown continued, they are l�king for some input into this project. He said he thought it would behoove the City ' ta go in this direction, Mr. Charles Seegar, 324 Ironton, addressed the Council and questioned the estimate that was made by the Financial Consultant. He asked what would happen if the estimate were off a few golfers every ten minutes. What legal right would a citizen have for raising cane with the Financial Consultant in a faulty estimate. Mr. Swanson addressed the Council and responded to the question by Mr. Seegar. Ne said the figure of 40,000 rounds per year was used to plan the finances of the golf course. He said there may 6e as many as 50,000 rounds because there may be more sunshine at times. He continued explaining there are a number of variables, but the finances cannot be planned on the finest possible conditions, they would have to be restricted to cover the possibility of storms and other factors. He said the second part of Mr. Seegar's question could be 6est answered by the City Attorney. The City Attorney said any group such as this consultant which would be doing work for the City would be covered by errors and ommissions coverage. Mayor Liebl asked Mr. Swanson if this was a reasonable pro,7ection. Mr. Swanson said the firm had to be conservative in the estimates. He said they had been involved with two other corronunities and the planning of thetr golf courses. He explained the limit placed on gross revenue bonds and said the City would have to be very conservative in marketing the bonds for $950,000. Mrs. Pat Brennen said she resided in Coun�ilman Breider's Ward and she appreciated � his position, trying to be nice to everyone, She said she found this to be ludicrous, and that a proposing that a natural interpretive director would be work�ng on a golf course where there would 6e no nature left, was also ludicrous. She questioned what had happened to the request to the Metro Airport Commission for the use of ,]anes Field for a golf course. Councilman Nee said a Subcommittee of the Metro Airport Commission had reached the decision to recommend to the Commission approval of the request if the City of Fridley wants the site, but that this would be site number two. He said at the same time, they had said they would rather not release site number one. He said the Subcommittee had said the City of Frtdley could presume site number two to be available. He explained this site would be on the southwest corner of the property. Councilman Utter satd he knew a member of the Comi��ission who had told him he would contact him if the Commission had taken any action on the matter and he not heard from him. ;'i) PUBLIC HEARING MEETING OF FEBRUARY 11, 1974 PAGE 14 Ms. Pat Brennen addressed the Council and questioned them on how they would expect a naturalist to work without a base of operation. 5he stated an office and staff and paper products do not form a nature interpretive program. Councilman Starwalt asked if the Metropolitan Airport Commission could he contacted and if normal correspondence has been delayed for some reason, this should be determined. He sa�d he would like to obtain the information on the decision if the � decision has been made. Councilman Nee said the staff at the Commission did not want to indicate whether or not there was approval of the request until the full Commission took some action on the matter. He said after this, the City would be receiving a formal response to the request made by the City of Fridley. He said to this point, only formal action has been taken by the Subcommittee. Councilman Starwalt asked if the City cou7d request a formal interim report on the request, The City Manager stated the Council had requested him to prepare a jo6 description for a naturalist and he had done this along with preparing a proposed budget for the program. He said he had also �repared additional data in this area. He said if he would put himself in the position of the applicant for this position, then he would question the amount of security in this position. He said what the applicant would be expected to do is not fully defined, He questioned if this would be a continuous program, would it last three months, six months or would the program be continuous or permanent. He asked if he was to emphasize the kind of idea Counci7man Breider had expressed for the planning of the golf coul^se site with the architect. He said he would have to have the description of the program defined more thoroughly before he would be able to find the right kind of applicant. He questioned if the funding was to be obtained from the City or the County. He stated there would have to be some kind of budget, He said he needed more direction from the Council before he could try to find the right applicant. � Councilman Starwalt said he ts not sure that the people of Fridley want a ful7 fledged naturalist at this time. He repeated he thought the Council should proceed on a interim temporary basis for both positions. Councilman Starwalt questioned the feasibi7ity of hiring a naturalist on a consu]tant basis such as Mr. Brauer had been hired. Councilman Breider said Mr. Brauer had obtained the serv�ces of two well known naturalists in his report to the City of Fridley, but where would the CIty find men that would be able and willing to devote four inonths on a consultant basis to the City. P4r. Brauer addressed the Council stating the last thing the City of Fridley would need is a naturalist on the consulting 6asis. He sited an example to i7lustrate the importance of starting a good team for the nature interpretive program by hir�ng a good manager. He also stated the importance of obta7ning someone permanent who would have a comm�tment to the City of Fridley, not a commitment to his next ,7ob. He said t��e City of Fridley would need a good person, or the best person for the ,7ob. He said the City would need a community program, and put the emphasis of that program where it counts. MOTION by Councilman Nee to table any action on the matter. Mayor Lieb] declared the motion DEAD FOR LACK OF A SECOND. UPON A ROLL CALL VOTE on the motion to hire a naturalist and an architect to prepare preliminary plans for the golf course, Councilman Utter voting aye, Council- , man Nee voting nay, Councilman Breider voting aye, Councilman Starwalt voting aye, Mayor Liebl voting aye, Mayor Liebl declared the motion carried four to one. Councilman Breider suggested a poll of the Council to determine if there would be some choice in the selection of the architect that would do the preliminary planning of the golf course. He added, it would not be fair to ask the men to return to another meeting for discussion on the matter if the Council had already reached a decis�on. Councilman Breider said he had looked at the list of architects and their work which had been submitted to the Council in their agenda, and he had determined that there was one who would be most qualified and would not have to hire any Subcontractors during the construction of the facility. He said Brauer and Associates had been a part of the community planning and he thought this would be an asset in the planning PUBLIC HEARING MEETING OF FEBRUARY 11, 1974 PAGE 15 of th� facility. He said he thought this would be 6etter than hiring someone who had never taken part in the su6ject to this point. Councilman Breider said he would be more than confident in hiring Mr. 6rauer for the initial work on the plan. He said Mr. Brauer would be equiped to do the whole job for the City. 'Mayor Liebl said he was not in the position to hire the architect at the present meeting. Councilman Breider said he would like the Council polled rather than bring the matter back. He stated he thought this would be a waste of people's time if they had to return. Councilman Utter said he thought the work done by Mr. Brauer was good. He stressed in this proposal, the entire job could be done by one firm. Councilman Starwalt said he 6e7ieved the data presented by Brauer and Assoc�ates was tremendous. Councilman Starwalt questioned if there was anyone opposed to Brauer and Associates preparing the preliminary plans and there was no response. Councilman Breider again stressed the importance of one firm doing the whole project. Councilman Starwalt recalled when Mr. Brauer had been selected to do the initial report, he had been questioned about the possibility of participating in the construction. Councilman Starwalt said he respected Mr, Brauer's honesty when he said he certainly hoped to. Councilman Breider said he had thought Mr. Brauer's remark was stronger than this. MOTION by Councilman Breider to ask the City Manager to hire and work with Brauer and Assoc�ates in prepar�ng a prel�minary plan for the golf course and with the hope that the naturalist would be hired promptly to aid in the planning. Seconded by �Councilman Utter. Upon a voice vote, Councilman Breider, Councilman Starwalt, Mayor Liebl, and Councilman Utter voting aye, and Councilman Nee vottng nay, Mayor Liebl declared the motion carried four to one. Councilman Breider said he would not want a naturalist hired 6ecause he was inexpensive, he would want him htred 6ecause he is good. The City Manager asked if the budgeted amount for the salary of the natura7ist should be changed from the $12,000 to $16,000 per year. Councilman Bre�der said he would not want to pin any restrictions on the possible acquisition of a naturalist because of salary restrictions. He said he did not want to place a dollar figure on this. The City Manager said he would have to have some kind of range to work from. Mayor Liebl directed the City Manager to use the range of from $10,000 to $16,000. RECESS: Mayor Liebl called a ten minute recess at 11:08 p.m. RECONVENED: Mayor Liebl reconvened the meeting at 11:19 p.m. RESOLUTION #2p-1974 - OR�ERING IMPROVEMENT, FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: STREET IMPROVEMENT PROJECT 1974-1 AND 1974-2, AD�ENDUM 1: � MOTION by Councilman Breider to adopt Resolution #22-1974 ordering improvement, final plans and specifications and estimates of the costs thereof: Street Improvement Pro�ect ST. 1974-1 and ST. 1974-2, Addendum #1. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ION #23-1974 - ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT . ����- MOTION by Councilman Bre�der to adopt Resolution #23-1974, ordering �mprovement, approval of plans and orderzng advert�sement for bids: Street Improvement Project ST. 1974-1 and Municipal State Aid Improvement Project ST. 1974-2. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the mot�on carried unanimously. r�� �, PUBLIC HEARING MEETING OF FEBRUARY 11, 1974 PAGE 16 Councilman Starwalt said as Ward Councilman, he wou7d recommend that Arthur Street be put through. The City Manager said the bids could be obtained and the City could work the problems out in the meantime. Councilman Starwalt said he would contact Mr. Anderson and disc.uss the matter. #24-1974 - REHOKING MSA HIGHWAY (MISSISSIPPI STREET - The City Manager sa�d he felt the County would be taking over the roadway and they would have some responsibility for the fund�ng, and if the County would take this over, there would be no need for State Aid designation. He explained the City wou7d do the improvement and the County would participate in tha funding of the improvement. He pointed out this would save the people of the area about $100,000. MOTION by Councilman Utter to adopt Resolution #24-1974, revoking MSA Highway (Mississippi Street - Central Avenue to Stinson Boulevard). Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carr�ed unan�mously. RESOLUTION #25-1974 - TO ADVERTISE FOR BIDS: MOWING-SPRAYING SERVICE: MOTION by Councilman Utter to adopt Resolution #25-1974 authorizing the advertisement for hids for mow�ng-spraying service. Seconded by Councilman Breider. Upon a voice vnte, all voting aye, hiayor Liebl declared the motion carried unanimously. ON #26-7974 - SUPPORTING ANDKA COUNTY TRANSIT STUDY OF FESRUARY. 7974. BY THE MOTION by Councilman Starwalt to adopt Resolution #26-1974, supporting Anoka County Transtt Study of February, 1974, by the Minnesota Transit Commission , requesting quick action and offering City staff help. Seconded by Councilman lJtter. Mayor Liebl thanked Councilman Starwalt for attending the meeting with the officials. He said Counci7man Breider had attended the meeting with representat7v� Donald Fraser. Mayor Liebl said the study should be recommended to the Metro Council. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Breider to adjourn the meeting. Seconded by Counci7man Starwalt. Upon a voice vote, all voting aye, Mayor Lieb7 declared the motion carried unanimously and the Public Hearing meeting of the Fridley City Council of February 11, 1974 adjourned at 11:25 p.m. Respectfully submitted, �,��� �,%C,c�: Patricia Ellis Secretary to the City Council Yt.�-a�.,�e� �.�.�.� Frank G. Lie61; Mayor � � ( �� �2C�2 �f� � � %,� � ate pprove