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05/10/1976 - 00014823TNE MINUTES OF THE PUBLIC HEARIPJG P1EETING OF THE FRIDLEY CITY COUNCIL OF �1AV 10, 197F The publ�c hear�nq was called to order by f4ayor Plee at 7.38 P.M on May 10, 1976. PLEDGE OF ALLEGIANCE P�ayor Nee v�elcomed the audience and invited them to �oin w�th the Council in the Pledqe of Allegiance to the Flag ROLL CALL. PIEMBERS PRESENT P1EP96ERS ABSEPIT ADCPTIOPJ OF AGENDA. Counc�lwoman Kukovrski, Councilman Starwalt, Councilman Flamernik, f1ayor Nee and Councilman Fitzpatrick fJo n e � f-1ayor fJee stated there were several items to be added to the anenda. There betnn no 06- 7ect�ons, the aqenda would now include a resolution of suoport for a pronosed trans�ortation serv�ce by the Red Cross �n Fridley, some remarks b�✓ �1r Ed blilmes reqardinn the Bi-centen m al tree plant�n9 pro,7ect, the third �s a communication from the City of Plymouth regarding an amendment to the Leaque of Plinnesota h1um cioalities Bylaws, and the fourth is a discussion regarding Rice Creek Park Mayor Pdee called for any other add�tions There were none P90TION by Councilwoman Kukowski to adopt the aqenda with the additions outlined by the P4ayor Seconded by Councilman Starwalt. Upon a voice vote, all votrnct aye, Playor Nee declared the motion carried unanimously PUBLIC HEARINGS PU6LIC HEARING OPd REZONIPIG REOUEST. ZONING ORDINANCE AP1EPI�MEPIT ZOA N76-Ol. BY �OHP! � f10TI0f! by Councilman Starwalt to waive the read�na and open the Publ�c Hearrna. Seconded by Councilwoman Kukowski Upon a voice vote, all votinn aye, P9ayor Pdee declared the motion carried unanimously. The Public Works Director stated this was a request to rezone Lot 17, Block 2, Central View "lanor, to make the zoning consistent with ad�oinina property A recently rezoned portion of Lot 18 was rezoned to allow a commerc�al sales oneration for antiqtae and classic automobile parts. The rezoning request was explained in terms of the two lots that were affected as well as in the context of the overall zonina classiftcation. The pur�ose of the rezoninq was to prevent endinq up with a small, undevelopable lot The Planning Commission on April 7th approved the rezontnq. f"QTI0�1 by Councilman Starwalt to close the Public Hearinq Second by Councilwoman Kukowski Upon a voice vote, all votina aye, Mayor Nee declared the motion carried �manimously PUBLIC HEARING ON FIPJAL PLAT SUBDIVISION P S #76-03, LEIGH TERRACE, BY LEIGH INVESTPIENTS, IPlC.. GEPJERALLY LOCATED WEST SIDE OF IPJTERSECTION OF OSBORfJE ROAD ADI� EAST RIUFR ROAD: f10TI0N by Councilman Fitzpatrick to wa�ve the readinn and open the Public Hearino. Seconded by Counc�lwoman Kukowski. Upon a voice vote, all votinn aye, �layor Pdee declared the motion carried unanimously The Public 4lorks Director stated the proposal is to plat eleven stnqle family residential properties between Talmadge Way and 75th Way West of East River Road What is pronosed is that a roadway be provided through the plat and to tie into the existinq Osborne Road to provide the properties North and South of the intersection a means of makina use of this �ntersection and the appropriate sianal�zation. The �lat has been rev�ewed with the Anoka County Highway Deoartment to incorporate additional rinht-of-way to allow rui°ther improvement of the intersection of East River Road and Osborne Road. The plat shows 11 lots, eight of them South of Osborne Road, and three lots to the fdorth. Cop�es of correspondence between Leiqh Investments and the St. Paul b�ater Department indicate there is no problem with the potential property owners makinn use of the property of the St. Paul Public Water Works, but there are certain continaencies such as no permanent structures and it is to rema�n as a areen, onen space The problem � � PUBLIC HEARING MEETING OF MAY 10, 1976 PAGE 2 with the property is that without the use of the Water Department nroperty the three lots North of Osborne Road do not meet the 9,OOD foot requirement Lot 1 is 7,70�, Lots 2 and 3 are 8,000 feet With the �ncorporatton of the propert`�, the lots become 12,D00, 13,OD0, 12,000, and 9,000, and 9,000. We then come up with the requirement It should be potnted out that the Water Department did indtcate they reserved the rinht to remove their permission at any time, and in discuss n� this with their staff they did not foresee any use of this other than for underqround pipina. �The Public Works Dtrector then said �hat if we do proceed with final plat approval, the approval of the plat should note the variances on three of the lots If we get approval with the assumption that the properties can be so used, and then the Water Department removes permission we then end up w�th sub-standard lots, and we would recommend that this be taken into account The Plannin� Commission considered the �lat at a public hearing and recommended approval. Some further background is that in 1972 the same area was considered for a plat, and �t ts basically the same plat and it was approved at that time, and for some unknown reason it was not recorded. We tried to stay with that format in antic�pat�on of the use of Osborne Road and the East River Road There wtll be another stipulation -- sidewalks We would requ�re that they a�ve us sidewalk easements for the bikeway and pathways. Councilman Fitzpatrick inqutred if the St. Paul Water Works owned the land or simply has an easement on it The Public Works said they had tried to make a determination as to who had the prior rights there, and it ended up with the St Paul 4later Departmert; but whether they have a deed �n hand for it, he didn't know Counc�lman Fitzpatrick said the auestion here is what is the easement for7 In the future they might see some other use for tt. The Public Works Director sa�d the nresent use of the easement �s for the water pipes that form the main supply line from the river to Ramsey County, and in talking with the staff they don't see any chanaes in that res�ect �The C�ty Attorney said thts raises a good question As he understands the plat, that property ts not within the plat. In his opin�on the question of who owns the fee t�tle to that should be researched, and, in fact, how can you consider it a part of the lot7 Mr. Doyle said that what we have done is talk to the St Paul bJater Ulorks concernin� the private use of the land behind or over the St Paul Water Works pro�erty, and they have �ndicated to us they wtll grant full use of the property but theV will exclude such things as buildings As far as green areas and garden space they will nrant full use of the property on an individual basis They reserve in a st�pulation these thrnas because it is quite obvious that if a homeowner should come alonn and decide to erect a garage or begin storing used cars on the property, or someth�na of that nature, then they would withdraw permission to use the property There are some other properties to the East in another village, Spring Lake Park, which are actually usinq the St Paul 4later Works property for front y a rd space now It is a situation where they have to run driveways across the property. It would be strictly backyard usaqe Councilman Fitzpatrick said that as far as the 9,000 feet, that is commonly done all property, but in this case he said he was easement or somebody else's property usinq easement areas as a part of fiaurinn over Many people have easements on their confused as to whether it is simply an The Public Works Director said we would have to say �t is someone else's �roperty There is another alternative, he sa�d, and that is to �ust divide th�s area �nto two roperties and come up with two lots North of the Osborne Road, and then we wouldn't ave any quest�on even without the permitted use of the biater �epartment property The lots would be 9,000 square feet. Councilman Fitzpatrick said he didn't mean to raise that quest�on because the owner has certainly cooperated with the Osborne Road go�nq throu�h the plat, 6ut that he �ust wanted to clear up the difference beto-�een propert�es that have an easement on them, and that which is somebody else's property whtch �s not the same thinn The Public Works D�rector agreed, and said that the top North l�ne of the proposed olat is the South line of the St. Paul Water Works property Councilman Starwalt asked that if �n effect we are saying if we adopt the plat, we have got three sub-standard lots for which we should have to consider as separate action sometime down the road? Mayor Nee said he dtdn't understand houa this fits into the rest of the area, that the diagram is not the way the street runs. ti ', PUBLIC HEARING MEETING OF MAY 10, 1976 PAGE 3 Discussion centered on the alignment of certain streets, the matter of access to some other intersect�ons, and some street easements The Publtc Works Director said one reason for the street alinnment was to improve the intersection aliqnment of existinq Osborne Road and the Mayor asked if the County would aqree to that. The Publtc Works Director satd yes, and there were letters that this was aareeable;and,there will be certa�n improvements to this area between 1977 and 1979 Mayor Nee inquired if the intersection w�ll be chanqed whether or not this plat is adopted, and the Pub7ic Works Dii°ector said yes They would like to net into the left-turn lanes, medians for left-turns, etc Councilman Starwalt asked as to what ts likely to happen to traffic on Talmadoe and 75th Way if the signal�zation is chanqed, and the Public Ulorks Director stated that as of riqht now the people have no other alternative. They must come on East River Road, but by planning for th�s roadway to real�nn Osborne and provide for siqnalization the people w�ll have easier access to East River Road, and a safer access to East River Road. The Public Works Director remarked further and illustrated traffic patterns in the area and how both �ntersections could be protected. The City f4anager stated this plan was considered anproved about four years aqo. Mayor Nee asked whether we are �ncurrina a larqe public cost by virtue of the convenience of the plat, or are we noing to do it anyway� Councilman Fitzpatr�ck stated that the petit�oner came tn w�th a cul-de-sac plan, and, that the or�ginal proposal was a cul-de-sac from the West. The Public Works D�rector sta*ed the City would work with the �etitioner. He came in with a cul-de-sac, and did not qet �nto the over-all street planninq. The Mayor sa�d that the minutes stated "., if it didn't come in thts way., " and Councilman I=itzpatrick said he didn't understand that point etther. The Public Works Director replied there were several alternatives of try�nq to save a house and a qarage, and there was a shift �n the alinnment of five to ten feet in the area, but now, the alignment fits into the scheme Mayor Nee sa�d that what occurs to him is that if we are havina a hiqh public cost to realign the intersection of Osborne to save lots 3 and 4, he would rather qive the variance to lots 3 and 4, if you are qo�nq to realian Osborne anyway. The Public Works Director said that wrth this alignment there is no difference �n any public cost associated with the imarovement, and there will be an upqradinq from East River Road to U m versity, particularly at the �ntersections a�here there are turn lanes and other tmprovements such as siqnals. The plan is to try to utilize the controlled intersections from these lots P�ayor Nee inqu�red as to what the impact would be on the f�ortheast quadrant, and the Public Works D�rector r�plied that �t would be the taking of a trianqle, aporoximately 40 feet of which now is ,7ust open s�ace The existing structure is further to the East and still would be 25 to 30 fe�.t away. Councilman Hamernik said the alignment of Osborne would be five feet to the South It is in additicn to what is recommended here The Publ�c Works Director said that when the plan was first drafted there was a shift of dimensions, and what the Planninq Commiss�on had was not the alinnment that had been proposed in either one of them It r�as a matter of nettina the dimensions properly set Mayor Nee asked if that is reflected on the plat now, and the Public Works Director said that this one is the correct one Councilman Hamerm k asked about the antictpated time schedule, and the Public Works D�rector replied that it has been programmed for 1978 and 1979. Playor PJee asked if there were any further comments by any one, and there was no response. MOTIOPd 6y Councilman Fitzpatrick that the public hear�nn be closed. Seconded by Councilman Hamerm k Upon a vo�ce vote, all voting aye, P1ayor Nee declared the motion carried unanimously PUBLIC HEARING OPJ VACATION REQUEST AND CONSIDERATIOPJ OF FIRST REA�IIJG OF AN ORDI FOR VACATION REQUEST, STREETS AND ALLEY V/ICATIQfI SAU #76-02, BY f9RS. RAY PRESTEM CE � � � � � PUQLIC HEARING MEETING OF MAY 10, 1976 PAGE 4 MOTIOP! by Councilman Starwalt to open the public hearing and to waive the readinq of the notice Seconded by Councilwoman Kukowski Upon a voice vote, all votinq aye, Mayor Nee declared the mot�on carried unanimously. The Publtc Works �irector stated this was a request to vacate a portion of Johnson Street North of 53rd Avenue Northeast and basically abuttinq 1391 53rd Avenue Northeast. The request was made to allow the construction of an attached qaraqe from approximately two to three feet off from the existin4 East property line of 1391 53rd Avenue There was etther the need to go through a variance or request the additional property which all would be attached to 1391 53rd Avenue Northeast. Several years ago the Northerly half of Johnson Street was vacated, and at that time the petitioner was asked to aaree with the vacation request and declined at that time, but now they want to proceed with it, and this was heard before the Planninn Commission at their April 21 meetrng The Planninq Commission recommended approval of the vacatton with the sttpulation that the City retain a drainaqe and uttlrty easements on the Easterly 20 feet of the proposed vacation The Public Works �irector said hlrs Prestemon was present. Councilman Starwalt asked as to what ts the nature of this riqht-of-way East of the property, and the Public Works Director replied that at the present time there are telephone facilittes and a water main. Mrs Prestemon stated that a Standard Oil Pipe line qoes throunh the front of the property, East and West, going riqht down, following 53rd. Councilman Starwalt asked tf this would create a problem with drainage gettinq into qaraqes, and �f there was a ltmit to which they could not go below. The Public Works Director said th�s was the reason they wanted the easement. The drainage would depend on how it was graded, and at this potnt it is only for the extension of the attached naraqe in having it closer to the East line. The City Attorney said he didn't know whether it is torrenced property or abstract property, but that the petitioner should see an attorney about the matter after the vacation. Mr. Tom A16ertson said he originally requested the vacation that is now part of his property, 6ack about four years ago on Skywood Lane. Councilman Fitzpatrick asked if he was on Lot One P1r Albertson said that was correct. He received the original vacation of Johnson about four years ago Qas�cally, the only stipulations known to him at that ttme was that 20 feet was for the ut�lities and easements and he could not build any type of perinanent structure or it If he dtd so, and something went wrong, he would take all loss As far as drainage and everything, it is a natural drainage to the Western boundary of Innsbruck. So far there hasn't been any problem of drainage So far as enou�h footage to do addittonal construction, that 20 feet is immaterial It would be very senseless to build any permanent structure. So, P1r. Albertson had no nroblem at that � mE of securing hts property at all, and for Mrs Prestemon's sake he hones we will sa,y yes; give Mrs. Prestemon the okay so th,ey can qo through and fim sh buildinq on the garage. Councilman Starwalt said he had indicated to one of the parties that as a peneral rule we never act on a request such as this on the evening of the hearin4 except in rare cases and then with reasonable Justification P1ayor Nee asked if there was a pro6lem, and Mr. Tom Albertson said they would l�ke �to get started as soon as they could. The Public Works Director said that normally it would be 6rought on next week, and that if it would not 6e out of order there would be no problem of approving it at the first readina Councilman Hamernik asked the Public Works Director if he was satisfied there were no drainage problems in the area, and the reply was that there were no dra�nage problems; that with the easements they could handle any problem. MOTION by Councilman Starwalt to close the public heartnq Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Starwalt to suspend the rules and cons�der this the first readtng of the Ordinance for the vacation of the untmproved Johnson Street as contained in the agenda. Seconded by Councilwoman Kukowski Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously J' PUBLIC HEARING MEETING OF MAY 10, 1976 COIVSIDERATIO"J OF A RESOLUTIO�d APPROVING FINAL P T-Fqa Ff1R fFRTATN ARFAS RFTWFFN SFUFNTN STRFFT SE ABATEh4E PA�E 5 A The Public Works D�rector stated there was goinq to be a representative of the Highway Department who would respond to the consideration of this resolution. This was in regard to the public hearing that we had the other night on the addendum to the noise barrier that was to be constructed, and at that time there was some concern expressed over the approval of final plans. The Highway Department did contact those people, and he was to be here tonight Perhaps we could go on to the next item and then come back to th�s when the gentleman from the Minnesota Highway Department arrives RECEIVING SPRINGBROOK NATURE CENTER FOUNDATIDN COMPREHENSIVE PLAN FOR SPRINGBROOK Jam ce Seeger asked the Council if they would like to have her qive the minority report, and she also distributed a report to the Council members. MOTIDN by Councilman Starwalt that the excerpt of the minutes of the Park and Recreation Commission meeting of May 3, 1976, and the minority report be received Seconded by Councilwoman Kukowski. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated that the minutes should show the Council had one meetinq on the Comprehensive Plan, an informal meeting. Mr. Moen, Chairman of the Springbrook Park Foundation, said that he proposes the plan as subm�tted and referred to in his letter of April lst 6e considered for approval. Mayor Nee asked if this was an amendment to it, and Mr Moen said the amendment was covered by his letter of Apr�l 30th and it referred to paragraph 3 on page 13; that it removed the phrase ". . and without reimbursement.. " and substttuted "..with reimbursement that shall be agreed upon between the parties concerned " Counc�lman Starwalt tnen addressed Jam ce Seeger and said that tn the special meetinq of the Parks and Recreat�on Commission the minutes show that some things were not approved, and that he noted there apparently was quite a lenqthy faceted discussion, which ultimately arrived at four stipulations which passed by a three-to-one vote, and that you were the only dissenting vote, Mr Moen was not present. My questton is: lJhat parttcularly, of those four dtsturbed you Or did all of them. �an�ce Seeger said that all of them did. Discussion centered on the contingency budqet of ten per cent, and the maintenance costs as to where the funds would be forthcom�ng from and in what proportion �anice Seeger stated the discussions at the meeting were lengthy and fruitless and confusing. Councilman Starwalt said he dtdn't understand some of it either. P1ention was made of escrow funds, of performance 6onds The lack of performance would be a basis for vacating the lease, and it was not passed, said Councilman Starwalt. He further said that we had strong promises that if the City would sign the lease the Foundatton would do all sorts of things, that on the basts of the aqreement with the City the foundation sa�d they would have a very, very successful fund raistng activity and they would be able to accomplish the things they are so hiqhly in favor of, but those things had not come to pass, and it sounded like two or three members of the Park Board were not conv�nced, and that he was not c�nvinced that the funding was as successful as what he had been told it would be. Jam ce Seeger said that a great deal of funding is await�nq the Council's decision tonight. Councilman Starwalt asked for some fiqures as to the amount. Mr. Moen said it is pretty hardlfor him to tell you what amounts in dollars we are going to get from the different groups that they are approaching. We are doing this without something in hand and something that has been accepted by the Council, and it is impossible to go ahead You have it in the planning of the goals and the amounts of money. If we exceed the goals we will be able to do more than we had in the plan � � r Councilman Starwalt inquired �f Phase One of the plan were approved would it requ�re a commitment of �27,000 in time and effort7 He asked whether the money was funded or was it a voluntary effort? Mr. Moen replied that they had $27,000 �n real money, and the matching donations or funds would 6e in labor, donations, and so forth Councilman Sta�°walt pointed out that the $27,000 ts a federal fundinq subject to matchinq funds, and with that in mind, how much of the matchinq $27,D00 is assured at thts iime. Mr Moen said he couldn't show any of this at the present time, and that they can't � � PUBLIC HEARING MEETING OF MAY 10, 1976 PAGE 6 g�ve you anythtng unless we have a chance to seek for it. Mr Moen said they had definite plans and defim te sources of funding, and that there will be a finance committee working on it. Counctlman Starwalt said this is the same story he has heard over the last year-and-a half; that if we would sign the five year lease then they can go out and make contacts and the money will roll in Mr. Moen said that $27,000 is in, and Councilman Starwalt said no; the $27,000 came from federal sources, and that he was talking a6out money from private funds, private individuals, these sources. He was not talking about tax money, federal monies Mr. Moen said that was correct, and at thts t�me they are at a stalemate and would like to go ahead He said they have two years to match the $27,000 and that they will be able to do it by that ttme Mayor Nee commented that there is no real hazard to the treasury. Councilman Starwalt replied that he hoped that was right; that inrtially the City was asked to provide a fourth of the $52,OOD, and the City su6stantially declined on that Councilman Starwalt also said that you have asked us once and you have asked us again, and are you telling me that if this plan is approved you won't ask us for another nickel? Mr Moen replted they were going to do the very best they could to get the paper work going, and with your help I think we can, and he believed that he speaks for the rest of the Committee. Item Four of the report was discussed generally Mayor Nee stated he felt the plan was a good one. Councilman Hamer m k said he would have to agree with Item Three in the statement and that according to the plan this would be completed at the end of the five year period. There is no indication as to whether or not there would be cont�nuous fundtng if the plan ts successful as stated, and that the City could plan on an obligation of $66,000 a year, and he thought this was s�qm ficant in that if the plan is accepted as stated the City would have to anticipate assuming those obliqations Further, that if we are not going to do it then maybe we should not have the citizens spendtng their efforts on planning tt. If we accept the plan as stated, we are giving a preliminary acceptance of it. Councilman Fitzpatrick said that if what Cowncilman Hamer m k said is true of adopt�n� the plan, then it is already true in that we have given the Springbrook Foundation the five years' time to plan a program, that he agrees w�th the Playor that we have options at other times, but he didn't think that in adopting this plan we are committing ourselves to a continual program and that the contract wrth the Sprinqbrook Foundation -- the plan -- is inconsistent with the Springbrook Foundation. Councilman Hamernik said that he looked at Item Three as addressing itself to that potnt, and these are the concerns and considerations we have to make He also said that if the plan is accepted he would have to exclude Phase 2, and upon Counc�lwoman Kukowski asking why, Councilman Hamernik said that he is not ready to accept or say the C�ty ts willinq to underwrite the obligations Counc�lwoman Kukowski remarked that we are not saying that �iscussion ensued among the Council members, and Councilman Starwalt sa�d he would have to agree with Councilman Fitzpatrick, and that at a conference meeting he said the same thing. We approved the concept of Phase One sometime 6ack; that Phase Two ts actually a very, hazy, tremendously fine dream, but the accomplishments and the capabilittes of that are not outlined, and that he indtcated he would not be willtng to vote for Phase Two in the document. Discussion ensued on the matter again, and Councilman F�tzpatrick said that Councilman �Starwalt was being consistent in that Councilman Starwalt didn't voie for the Springbrook contract to begin with Councilman Fitzpatr�ck said that he did not feel that in voting to approve the plan he is committing h�mself to any more than he committed h�mself at the time of the forming of the foundation; that it is not inconsistent wtth our original plan, whatever that was, and that he anreed with Mayor Nee that it was not a commitment to operate a continu�ng nature center. Mayor Nee said it seems to him that we have approved in principle the layout and the development concept, unless there are some changes, and that he thought it was well done Counctlman Hamer m k asked if we approve Phase One, and everything qoes smoothly and Phase Two comes along and is approved, and then according to the plan we may have a $200,D00 building among other things, and the five year lease ts terminated and they do not desire to continue, then where do we go from there �F';,� PUBLIC HEARING MEETING OF MAY 10, 1976 PAGE 7 Councilman Fitzpatrick sa�d that if the plan is so successful that tt is able to carry out the program of achieving the lst phase, then it is unlikely that they would discontinue their efforts if they have done that well in that ttme; but even �f they did, he would agree with the Mayor that that doesn't mean we have a prior commitment to assume the program Mayor Nee stated that the plan should not 6e pre,7udged because there is some doubts about their ability to do it MOTION by Councilwoman Kukowsk� to accept the comprehensive plan for Springbrook Nature Center as amended by letter from Mr Moen dated April 3,(;, 1976. Seconded by Councilman Fitzpatr�ck Councilman Hamernik said that after reading the plan and readtnq the agreement he was of the opinion there was some doubt on the part of the Foundation as to their success The terms in the agreement are fairly well set out, but yet there is a paragraph in the plan where they wanted the City to assume a part of the obliqations, and this, he said, ts what put some doubt in his mind as to their success or antic�pated success; and if there was any doubt that this is where it came from that probably it is ,7ust the way the report came across and tmhat the foundation was attemptinq to do was what instilled doubt tn his mind. A roll call vote was taken on the motion. Councilman Fitzpatrick voted aye; Mayor fJee voted aye; Counc�lwoman Kukowsk� voted aye; Councilman Starwalt voted nay, and Councilman Hamernik voted nay Playor Nee stated that the roll call vote showed a three-to-two vote in favor of the plan ., and the motion carried. CONSIDERATION OF A RESOLUTIDN No. 42-1976 APPRO�ING FINAL PLANS FOR NOISE ABATEMENT 6ARRIERS ALONG I-694 FOR CERTAIN AREAS BETWEEN SEVENTH STREET TO EAST CITY LIMITS: The Highway Department Representative said he was not ask�ng any questions, but there were some concerns expressed and he would explain them. He said they had sent out a questionnaire to the first, second, and the third row of homes askinn if there had been enough information given for them to make up their minds concerm nq the matter From the whole of Cheri Lane they got 6ack only one neqative response, and the Highway representative said that he talked to him and obtained the reasons for not wanting the barrier, and there were two of them. The man, Mr. A6rams was a truck driver and when the big rigs pass his place they blow their horns and he wanted to be able to wave to his buddies. The other reason was that when he went campinq out in the country, it took him a couple of nights to get used to the quiet before he could get some sleep The Highway Department representative said that he suqqested to Mr. Abrams that the noise abatement barrier would so reduce the noise that Mr A6rams would be able to fall asleep sooner on his camping trips, but Mr. Abrams dtdn't agree with that. The Highway representative showed a plan of the area and the results of the question- naire were indicated on it He explained how the survey was conducted and gave statistical results of it. He said this is the final plan, and once it is approved it is qoing out for bids, about two weeks' time, and the construction is ready to start in late �une or �uly. He satd that when they qet the questionnaire done they want the City Council and a year after the barrter is built another questionnaire will be sent out on it in order to measure the benefit Mayor Nee said that the Council would appreciate that and the Council appreciates the work already done MDTION 6y Councilman Starwalt to adopt Resolution No. 42-1976. Seconded by Councilwoman Kukowski Upon a roll call vote, Councilwoman Kukowski voted aye; Councilman Starwalt voted aye, Mayor Nee voted aye, Counctlman Hamerm k voted aye; and Councilman Fitzpatrick voted aye. Mayor Nee declared the roll call vote was unanimously in favor of the resolution and the motion carried. The City Council then took up the matters that were added to the agenda. MR. ED WILMES MARINE CORP BI-CENTENNIAL TREE PLANTING PROGRAM: � I� , Mr. Wilmes sa�d that last week he had come before the Council and made a presentation of the proposed tree planting pro�ect at the Islands of Peace. Today we have had a meeting with the Naturalist, the Pu61ic Works Director, Park Foreman, and the Planner There are some details that we can work out to give you a more detailed planning of this. The architect was contacted at the meetinq today, and tomorrow morninq we will have the deta�ls to present to the people involved �T �_ � PUBLIC HEARING MEETING OF MAY 10, 1976 PAGE 8 Last week the City Manager asked the question, "Is the City go�nq to be btlled for any part of this pro�ect7" My answer was a very firm "No", and �t has not chanaed since. It was never the intent to infringe on the taxpayers Mr. �lilmes recited the history of the tree plantinq oro�ram and the aqencies that worked wtth the program to make it a success. Mr. Wilmes concluded his remarks b�i inviting the Council members to attend the pro�ram. � CONSIDERATION OF RESDLUTION NO 43-1976 SUPPORTING RED CROSS VOLUNTEER TRANSPORTATIOPJ Counctlman Starwalt said that when Mr Scott nresented this at the preliminary meetinn, he asked him whether they were considerin� a milea�e charne on the tr�ps; and the answer was no. They had other plans. Councilman Starwalt said he was not opposina the plan. MOTION by Councilman Fitzpatrick to adopt the Resolut�on PIo. �3-'976 Seconded by Councilwoman Kukowski. Upon a voice vote, all votina ave, �layor Nee decleared the motion carried unanimously. COMP1UNICATION FROP9 CITY OF PLYP40UTH MAYOR HILDE APIEPID�1EPdT TO ASSOC. OF �^IP1M f1UNIC �1uch discussion ensued over the matter of representat�on by the larner cities versus the smaller ones, and the other benefits that do accrue from the oraanization DISCUSSION REGARDING RICE CREEK PARK: Mayor Nee said that the Cit+i P1ananer had raised the auestion of the transfer of the lands to the County. The County received some bondinn authority to acquire proner±y on Rice Creek and they have been expectrna us to turri control of the oronertv that is East of Central alona Rice Creek over to them, and we have been resistrno it and saytng there has been a certain amount of public investment �y the c�tizens of Fridley; and if it is �oinq to be used and named as a CountV n�ece of oronerty then, we should get the tnvestment back the City has made, which is about $9,Q00 �n the property. There are a couple of additional lots which are tax-forfeit, and we would renuest that if they take the property over, they pay us at least the money that would reimburse us for the spectal assessments aaainst the property Mayor Nee stated that he has been workina with the Coun±v Commiss�oners, and viith Mr. 0'Bannon, and he indicated that he has been pushinn for this, and it there is some kind of consenses on the Council's part, that we should be pursuinn this, ther we can go ahead and work out some kind of an aareement with the County. The use of the area would be available ta the public. The Playor stated that he hoped the Cit�� could get some money with which the C;ty could acquire other nark fac�lities. All that we are lookina for now is a consensus from the Council P90TIOfJ by Councilwoman Kukowski to direct the admi m sCration to discuss the land situation with the appropriate parties. Seconded by Councilman Starwalt Upon a votce vote, all voiing aye, Mayor PJee declared the motion carricd unanimously ADJOURNf1ENT: MOTIOP! by Councilwoman Kukowski tc� Hamernik. Upon a voice vote, all the Fridley City Council of f�ay 10, � Respectfully submitted John Chegwyn Cou�cil S Gretary 1 —i'��(/l. `_1�;CL`�/? Approved June 7, 1976 ad,7ourn the meetina Seconded bV Councilman voting aye, Mayor Nee declared the meetinn of 1976 ad,7ourned at 10 D5 P"1 �,�,�����- ���� William J fJee �'�dVOY'