Loading...
08/07/1972 - 00017203� � THE MINUTES OF THE REGUi�AR COUNCIL MEETING OF AUGUST 7, 1972 The Regular Council Meeting of the Fridley City Council was convened at 7:40 P.M., August 7, 1972. PLEDGE OF ALLEGIANCE Mayor Liebl led the Council and the audience in saying the Pledge o.f Alleglance to the Flag. INVOCATIQN; City Manager, Gerald Davis, offered the Invocata.on. ROLL CALL: MFMBERS PRESEIJT: Liebl, Utter, Mittelstadt, Breider MEMBERS ABSENT: None ADOPTION OF THE MINUTES OF THE REGULAR COUNCIL MEETING OF JULY 10, 1972: MOTION by Councilman Mittelstadt to adopt the Minutes of the Regular Council � Meeting o£ July 10, 1972 as submitted. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. ADOPTION OF THE MIN[ITES OF THE SPECIAL PIIBLIC HEARING MEETING OF JULY 17, 1972: MOTION by Councilman Breider to adopt the Minutes of the Special Public Hearing Meeting o£ July 17, 1972 as presented. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. ADOPTION OF THE MINUTES OF THE REGULAR COUNCIL MEETING OF JULY 24, 1972: MOTION by Councilman Mittelstadt to adopt the Minutes o£ the Regular Council Meeting of July 24, 1972 as written. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Liebl said that Item ik33; Receiving a Memo from the City Attorney Regarding Disposal of Abandoned Vehicles is to be added to the Agenda. MOTION by Councilman Mittelstadt to adopt the Agenda as amended. Seconded by Councilman Breider. Upon a voice vote all ayes, Mayor Liebl declared the motion carried unanimously. VISITORS: � Mr. Douglas Osieczanek, 101 Crown Road: Mr_ Osieczanek complained that Midland Coop has not blacktopped their area as they were supposed to clo, and wanted to know when it was going to be done. The City Engineer said that the area to the north has been done, and asked where he was v r , ; REGULAR COUNCIL MEETING OF AUGUST 7, 1972 PAGE 2 talking about. Mr. Osseczanek said that part where they store and park thea.r ' trucks. Ten years this has been talked about, but it it not done. They have not sodded or cut their weeds either. He said he has called the Police Depart- ment many times to complain about the speeding on Main Street, and he said he would like to have some radar set up to catch the Park Construction trucks. He said that Main Street was supposed to be swept once a week while Park Construction was hauling, but that has not been done and he would like that done too. Mayor Liebl asked the City Engineer to give the Council a report on what Midland Coop was supposed to do and zf they have done evexything they promised. The City Engineer said that the statements this gentleman has been making are not true, and that Midland Coop was supposed to blacktop the area east and north of their plant and this has been done to his knowledge. He knew of no other place they were supposed to blacktop. He added that the Parks trucks were not moving for 5- 6 weeks because oP the strike. Mayor Liebl said the 5taff would contact Park Construction and ask them to sweep and water Main Street once a week as they were supposed to do. Also the speeding wzll be investigated. Councilman Mittelstadt said that he has worked with the Po11ce Department in trying to get the trucks to slow down. There have been many complaints on the truck drivers harrassing people. The Public Sa.fety Director has been in contact with Park Construction and there seems to be a real communications problem between � the management and the men. The drivers claa.m they have to drive faster to meet their quotas, however, they have been told time and time again not to drive so fast. The City Manager added that there have been a number o£ tickets given out to these drivers. It is 7ust a matter of having enough squad cars on the road to catch them, but they of course slow down when there are officers on patrol. Mr. Dean Gruye, Canterbury Inne Public Drinking Place License• Mr. Gruye said that he had neglected to apply for a set-up license due to h1s oversight. He was into City Hall today, but understood he was too late to be put on the Agenda, and he would like to request the Council to consider his license. He said he has already paid the fee. The State licensing is all taken care of. MOTION by Councilman Breider to add the set-up license for Canterbury Inn to the rest of the licenses to be considered later inihe meeting. Seconded by Councilman Utter, Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. Mr. Fran Nash, Fridley Jaycees: Mr. Nash explained he would like to request an extension to the food and beer licenses the Jaycees were granted for the State Sobtball Tournament, The games that were rained out Sunday have been rescheduled for Thursday. They would also like to leave the snow fence up until Friday A.M. ' MOTION by Councilman Mittelstadt to approve the extension of the food and beer licenses for the Fridley Jaycees for the State Softball Tournament through the tournament due to the rain Sunday. Also to grant approval to leave the temporary snow fence up until Friday morning. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. � c' REG[7LAR COUNCIL MEETING OF AUGUST 7� 1972 PAGE 3 � Mr. Joseph Anderson, 6570 Fridley Street N.E. - Trailer Permit: Mr. Anderson explained that he and his wife have travelled for many years in their trailer doing missionary work. They have a home at this address and now they would like to move into their home and not travel any more. They would like to park the trailer on the lot and live in it only until they complete the redecorata.ng of their house, probably during September sometime. After that they would live in the house and store the trailes on their lot. He said they have already paid the $5 fee for storing the trailer. The City Engineer explained that Mr. & Mrs. Anderson came into City Hall Friday too late to be put on the Agenda. A couple of yeaxs ago there was some txouble with parking trailers in resiciential areas� so the requirement now is to get the signatures of the ad�oining neighbors stating they have no ob7ection. He clid not think Mr. Anderson has obtained that signature yet. He suggested if the Council wished, the permit could be approvec? contingent upon getting the neighbor's signature. MOTION by Councilman Breider to approve the issuance of the permit for Mr. & Mrs. Soseph Anderson to park their trailer at 657D Fridley Street N.E., while they complete redecorating their house, which is to be in September, contingent upon getting the signature of the adjoining property owners stating they have no ob7ection. Seconded by Councilman Utter. Upon a vmce vote, all ayes, Mayor Liebl declared the motion carried unanimously. � The City Engineer said he would call their neighbor that complained tomorrow A.M., and if they will withdraw their objection, the permit could be issued tomorrow. CONS2DERATION OF APPROVAL OF AGREEMENT WITH WALL CORPORATION REGARDING RIEDEL PROPERTY DEVSLOPMENT: � CONSIDERATION OF SECOND READING OF ORDINANCE FOR REZONING BY THE WALL CORPORATION SY ➢ENNIS MADDEN ZOA #72-03� TO REZONE FROM R-1 TO R-3 THE AREA GENERALLY LOCATE➢ ON 5TH STREET TO 7TH STREET FROM MISSISSIPPI TO 63RD AVENUE: Mr. Wall said that he did not recieve a copy of the agreement until Friday, and although the agreement covers those things they have discussed and he is in agreement with them, there are some things that have never been discussed that perhaps should be before the agreement is iinalized. MOTION by Councilman Breidex that, inasmuch as Mr. Wall has not had a full opportunity to review the agreement, the City Engineer & City Attorney be directed to meet with Mr. Wall and the Riedels to finalize the agreement, and that the second reading o£ the ordinance is not to be considered until the agreement is completed. Seconded by Councilman [Ttter. Upon a voice vote, all ayes, Mayox Liebl declared the motion carried unanimously. � Mayor Liebl asked the City Attorney if the agreement could be ready for next Monday night. The City Attorney replied that he believed that would be enough time. e 3!� REGULAR COUNCIL MEETING OF AUGUST 7, 1972 �iculiveaiv�� ��lu - svx .tt���ivt. UNIVERSITY AVENUE N.E., L.J AND PAGE 4 AI,LY LOCATED AT 7610 � HAUG TO REZONE FROM C-1 TO C-2 CONSIDERATION OF SPECIAL USE PERMIT SP #72-02, REQIIEST BY WESTERN STORES, L.S. HAUG TO CONTINUE SERVICE STATION IN THE AREA GENERALLY LOCATED AT 7610 UNIVERSITY AVENUE N.E.: MOTION by Councilman Breider to adopt Ordinance #518 on second reading, waive the reading and order publication. Seconded by Councilman Mittelstadt. Upon a roll call vote, Mittelstadt, Breider Utter and Liebl voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Breider to approve the Special Use Perm.xt SP #72-02 by Western Stores to continue the service station use, Seconded by Councilman Mittelstadt. Upon a voice vote, al1 ayes, Mayor Liebl declared the motion carried unanimously. RESOLUTION #92-1972 - A RESOLUTION .RECERTIFYING SPECIAL ASSESSMENTS ON TAX FORFEIT PROPERTIES WHICH HAVE BEEN REPURCHASED: MOTION by Councilman Mittelstadt to adopt Resolution #92-1972. 5econded by Council- man Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RECEIVING PEDESTRIAN SAFETY CITATION FROM AMERICAN AUTOMOSILE ASSOCIATION AND COMMUNICATION FROM AAA AND MINDIESOTA DEPARTMENT OF PUBLIC SAFETY: MOTION by Councilman Mittelstadt to receive the Pedestrian Safety Citation from the American Automobile Association along with communications from the Automobile Club of Minneapolis dated July 28, 1972, and the State of Minnesota, Department of Public Sa£ety dated July 28, 1972. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Lzebl declared the motion carried unanimously. RECEIVING REPORT ON EROSION PROBLEM ON STONYBROOK (WATER, SEWER AND STORM SEWER PROSECT #102 ADDENDUM #2) AND CAARTING OUT A COURSE OF ACTION: MOTION by Councilman Mittelstadt to receive the Preliminary Report prepared by Comstock and Davis, Inc. dated August, 1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanzmously. I� � The City Engineer explained there were £ive possible alternate solutions. Alternate #1 which would be the cheapest would be a temporary solution to the present erosion problem in 8ie channel between East River Road and Alden Way. There would be metal posts and railroad ties put in to form retaining walls to check bank erosion. This plan could only be considered temporary at best and would in no way increase the present capacrty of the system. The estimated cost for this improvement if contracted is $30,000 and the cost could be reduced to approxi- mately $22,000 if the City maintained the contract and hixed personnel for the ' construction. Alternate #2 proposes installation of a coxrugated metal flume with concrete sides along the present channel. This could be considered a more permanent solution, and the cost would be approximately $75,000. This system would not increase the present capacity either, but the channel would be in a �° ; REGULAR COUNCIL MEETING OF AUGUST 7, 1972 PAGE 5 � better condition to accept increased flows from future improvements. The trouble with the flume method would be if the river rises, the water would back up into the creek and there could be erosion behind the concrete banks• A pipe placed at a higher level would eliminate this. The City Engineer continued Alternate #3 proposes a closed pipe system to be in- stalled in the present creek bed. Th�.s would eliminate the open creek but would retain a wild area ad�acent to the pipe. The cost of this plan would be approxi- mately $170,000. Altexnate #4 is similar to #3 except that the channel would be filled, then a closed pipe system la�d over the existing channel. This would pro- vide an outlet above the flood plann. The cost of this plan is about $225,000 Alternate #5 would be to install a closed conduit in Craigbrook Way. A minimum flow would be maintained through the creek for aesthetic purposes. This plan also would cost about $225,000 but could be reduced to $200,000 if open cutting is allowed rather than 7acking under East River Road. This alternate would provide a complete system from Main Street to the river, would provide ult�mate capacity and would require minimum maintenance. Tha.s would, of course, be the best solution, but it is also the most expensive. The City Enginaer continued that no matter what plan is ultimately selected, there is some immediate bank work that should be done and the culvert capacity under Alden Way must be corrected. Mayor La.ebl said that the people have indicated they are willing to pay their � fair share. They want to preserve the creek and be protected too. He asked which alternate the City Engineer would recommend. The City Engineer replied that obviously the most expensive alternate would provide the most protection and the most capacity, it is all a matter of money. The choice is a Council prerogative, each method has some advantages and disadvantages. Councilman Mittelstadt said that at #.his point, he did not think the resa.dents could make a competent �udgment, and thought that he should set up a neighborhood meeting with them to explain the alternatives available. In this way they could come into the public hearing with more knoarledge. He said noxmally the public hearing should be next month, but he would like to have it scheduled for the 21st of August. The City Attorney said that the State Statutes require publication of a public hearing notice twice (two weeks) plus �,+ritten notice being sent out. There would not be time to do this before the 21st of August. The City Engineer showed the storm sewer district map on the easel and said that the area to the south also contributes to this district. The question then becomes just who should receive the notices. These people will not be happy, but they do contribute water to the district. Mayor Liebl said this problem has been around for 10 years now, and it is about time something was done about it. If the people are going to be assessed, he thought it should be a permanent solution and be done with it. Mayor Liebl asked if the attempts to get any outside help to clean up the creek had been successful. The City Manager said the Army National Guard and the Reserve � Units had been contacted, but because this is private property, they are restricted from doing this type of work. He said at this point he is at a loSS to know where _ next to turn £or help. Mayor Liebl asked if the Crty Public Works people could not be sent down to help. The City N�nager said he would take a look at what is involved and report back to the Council on if they could be used. �n REGULAR COUNCIL MEETING OF AUGUST 7� 1972 PAGE 6 MOTION by Councilman Mittelstadt to set August 28th for a public hearing on the matter o£ the Stonybrook Creek/storm sewer district hearing. Seconded by Councilman Breider. The City Attorney asked how big an area is being proposed. Mayor Liebl said that it should be big enough to make the work feasible and Councilman Mittelstadt added that it should be the entire district that Peeds into the creek. The City Engineer said that in that case the whole area west of East River Road up to Pearson Way and down to Rickard Road should be noti£ied and would involve 50 - 60 homes. The people on the east side of East River Road have already been noti£ied of previous storm sewer hearings under another pro7ect, but i£ the $225,000 pro�ect is selected, he thought they should be notified again also. Councilman Mittelstadt said yes, the entire system should be noti£ied. The City Engineer said that the problem all along has been that Spring Lake Park has an area of approximately 700 acres that contribute to this district. If the pro7ect was oxdered in and the people assessed, he did not know how that would affect the lawsuit against Spring Lake Park. The Crty Attorney said that at this stage it does not look very promising that there will be any contribution by Spring Lake Park. The Finance Director informed the Council that the action to set the public hearing would actually be by passage of two resolutions rather than the motion on the floor. � MOTION WITHDRAWN by Councilman Mittelstadt with the agreement of the sec4nder, Gouncil� man Breider. There was some discussion on what figure should appear on the hearing notice, since it is not know what alternate would be chosen, The ruling was that the figure may be higher than the actual cost of the project, but it may not be lower, therefore the most expensive pro�ect cost should appear. Mr. Lenny Brandt, 190 Craigbrook Way, asked if the water does not run through his lot, would he be assessed? He added he had no ob7ection if this was necessary, only curious. Mayor Liebl said yes, the water that falls on his land stlll would contribute to the district. Mrs. Mary Martin, 133 Stonybrook Way, asked why not rip-rap? �ayor Liebl said that rip-rapping would only provide a temporax'y solution. There is such a tremendous £orce exerted by the rushing water, that it would eventually wash away. He felt his duty was to provide a solution to the problem, not �ust forestall it. Mr. John Dunphy, 155 Stonybrook Way, said that he had hoped there would be more 1lttagination in engineering this, and suggested using an air haz�rcner being applied to some type o£ interlocking steel. The City Engineer said this is part of the plan using the railroad ties. The ties would be supported by steel members driven into the ground with an air hammer and the ties will be tied into the ground with the steel posts. He added that if the Council wants a maintenance free system, then they will have to spend more money, if only 1/10 of the amount of money that should be spent is spent, then the work done will need maintenance from time to time. RESOLUTION #93-1972 - A RESOLUTION ORDERING THE PRELIMINARY REPORT FOR STORM SEWER PROJECT #102r �DENDUM #2: MOTION by Councilman Mittelstadt to adopt Resolution #93-1972. Seconded by Council- man Utter. � 1 L{ REGUZAR COUNCIL MEETING OF AUGUST 7, 1972 PAGE 7 � Mr. Richard Elliott, 210 Craigbrook Way, asked if there was any way to stop any more hooking into a system that would dump more water into the creek until something is completed on this pro7ect? He said at this point he did not want any more starm water dumped in. The City Engineer explained that this is all �ust a matter of moving storm water from causing a problem in one place to another plaee. Before the culvert was put in undex East River Road the penple east of East River Road were being £looded. The culvert was made lower and larger to take care of their flooding, so the problem was moved from one place to another. It is actually the same water, no more is being added, the water was 7ust being backed up behind East River Road before. To go one step £usther, the people east of East River Road were in trouble because a larger culvert was put in under University AVenue. As to Mr. Elliott's concern, the work ordered in by the Council for east of East River Road has been completed, so there will not be any more water added. THE VOTE UPON THE MOTION, being a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #94-1972 - A RESOLUTSON RECEIVIIQG TFE PRELIMTNARY REPORT AIQD CALLING A PUBLIC HEARING ON THE MATTER OF CERTAIN IMPROVEMENTSa STORM SEWER IMPROVE- MENT PROJECT #1U2, ADDENDUM #2: � MOTION by Councilman Mittelstadt to adopt Resolution #94-1972, and set the public hearing date for August 28, 1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unana.mously. Mrs. Martin asked if they could not get at least two hours of work done? She said for instance, there is a very large willow tree that could very we11 be lost. She said she is �ust not capable of moving a 300 pound tree. The trees and logs are closing up the creek, so couldn't some funds be freed on the basis that the natural drainage is being closed off? The City Attorney said that there would not be a great problem in using public funds to clear the creek, however, there should Ue a waiver signed by the property ownexs before the City enters onto the private property. This waiver should hold the City harmless. Mr. Elliott suggested that the waiver could be worked out £or the property owners to sign when Councilman Mittelstadt meets with them. The City Manager suggested that the Council could authorize an expenditure of up to $5000 from the unappropriated reserve porta.on o£ the budget to be used for manpower and equipment, contingent upon their signing the waiver RESOLUTION #95-1972 - A RESOLUTION AUTHORIZING THE CHANGING OF THE BUDGET APPROPRIATIOWS WITHIN THE GE1dERAL FUND: ($5,000 Eor Stonybrook Creek Work) MOTION by Councilman Mittels�.adt to adopt Resolution #95-1972. Seconded by Councilman Utter. � The City Engineer said that Y.his would provide for the immediate bank work,as to go through all the legal requirements would require another two months. It was pointed out that if a project is ordered in, this $5,000 would then be charged against the pro�ect and would then be replaced into the unappropriated reserve portion of the budget. r `-� REGULAR COUNCIL MEETING OF AUGUST 7, 1972 PAGE S Councilman Breider asked why the $5,000 if City personnel would be used. The � City Manager explained that we would be utilizing people that already have their day to day 7obs and there is a limited amount of people. None of the departments can be shut down to free them for this �ob, There would also be some materials and equYpment costs, such as the railroad ties and air hammers etc. Councilman Breider asked why specify $5,000, what if $7,000 is needed� The City Manager said that the $5,000 is the upward limit of what they anticipate, but if more is needed, the Council would then be asked to approve another trans£er. THE VOTE IIPON THE MOTION, being a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMTSSION MEETING OF JULY 19, 1972a 1. SPECIAL USE PERMIT SP #72-08, NAEGELE OUTDOQR ADVERTISING CO.: Parcel 1200, S� Section 22, zoned M-2. Sign to be 14'2" X 49'9" to be parallel to railroad tracks, south of T.H. #694 and west of railroad tracks, per City Code 45.04,2. This item was continued by the Commission at the request of the petitioner. 2. SPECIAL USE PERMIT SP #72-09, BY NAEGELE OUTDOOR ADVERTISING CO.: Parcel 5400, Section 2, side by side poster, 12' X 25' per City Code 56.04,2. Located at 7940 University Avenue. The City Engineer reported that the petitioner has requested a delay until August � 21st. MOTION by Councilman Mittelstadt to table this item to August 21, 1972_ Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. 3. PRELIMINARY PLAT P.S. #72-02, SY EINAR "TED" DORSTAD - DORSTAD ADDITION: A replat of Lot 39, Revised Auditor's Subdivision #77, except part to Greenwood (Parcel 5640) The Council has already set the public hearing for August 14, 1972. 4. LOT SPLIT REQUEST L.S. #72-03� BY DON A. SCHULTZ: LotS 1& 2� BloCk l� Edgewater Gardens. To remove lot line from under ad7acent house for adequate side yard requirement. MOTION by Councilman Mittelstadt to concur in approval of the lot split requested by Mr. Don A. Schultz. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. 5. LOT SPLIT REQUEST L.S. #72-04, BY EDWARD E. COZEMAN FOR JOHN M. METCALFE; Lot 16 except east 165 feet, Revised Auditor's Subdivision #23, to split off south 5 feet of Iot 16. MOTSON by Councilman Ma.ttelstadt to concur in approval of the lot split requested ' by Mr. John Metcalfe subject to the Commission's stipulations. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. � � I._ J n-, r G.F REGULAR COUNCIL MEETING OF AUGUST 7, 1972 PAGE 9 6. LOT SPLIT REQUEST: L.S• #72-05, BY LAUREN BORN: Lot 20, Block 1, Spring Valley Addition to be split into £our lots because of high taxes. MOTION by Councilman Utter �o concur in the lot split as laid out by the Planning Commission for Lauren Born making three lots rather than £our Seconded by Councilman Mittelstadt. Upon a voice vote all apes, Mayor Liebl declared the motion carried unanimously. 7_ FINAL PLAN APPROVAL EOR PHASE I(14 UNIT QUADRAMINIUM) SY VIEWGON. Condominium portion total multiple unit complex on part of Outlot H., Innsbruck North being 1600 Block. The City Engineer reported that Viewcon has complied with the request to move the garages back 5 more feet making the setl�ack 10 £eet. They have also reduced the numher o£ units from 60 to 56, so r.hey have eliminated one complete building, therel3y providing the parking the Council discussed previously. There would then be 2'� parking spaces per unit. MOTION by Councilman Breider to approve the £inal plan as laid out £ar Phase I requested by Va.ewcon. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Hreider to receive the Minutes of the Planning Commission Meeting of July 19, 1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF JULY 25, 1972. A REQUEST FOR A VARIANCE OF SECTION 56.05, 3B, TO INCREASE THE MAXIP4UM HEIGHT OF A FREE STANDING SIGN FROM 25 FEET TO 28 FEET 5 INCHES AND ALSO TO INCREASE THE MAXIMUM AREA EOR A FREE STANDING SIGN FROM 100 SQUARE FEET TO 276 SQUARR FEET TO ALLOW THE ALTERATION OF AN EXISTING PYLON SIGN LOCATED ON LOT 1, BLOCK 1, EA5T R7SNCH ESTATES 15T ADDITION, THE SAME BEING 7620 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA. (REQUEST BY BOB'S PRODUCE RANCH, 7620 UNIVERSITY AVENUE N.E.� FRIDLEY, MINNESOTA): MOTION by Councilman Mittelstadt to concur in approval of the request by Bob's Produce, sub7ect to the Board's stipulations. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Mittelstadt to receive the Minutes of the Board of Appeals Meeting of July 25, 1972. Seconded by Councilman Utter. Upon a voice vote, a11 ayes, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF JUNE 12, 1972: MOTION by Councilman Mittelstadt to receive the Minutes of the Parks and Recreation Commission Meeting of June 12, 1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. r,, � REGULAR COUNCIL MEETING OF AUGUST 7, 1972 PAGE 10 RECEIVING THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF � SULY 24, 1972 MOTION by Councilman Mittelstadt to receive the Minutes o£ the Parks and Recreation Commission Meeting of Suly 24, 1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RECEIVING THE BIDS FOR BUILDING AT 6289 T.H. #65: (Bid Opening at 11:00 A.M., August 3, 1972) Herman Bauer 174 E. Arlington St. St. Paul, Minnesota $3,751.00 H.A. Hanson 535 N. Main St. Cambridge, Minnesota $2,186.00 Allen Rundle 7845 E. River Road Fridley, Minnesota $ 300.00 Dale Movers 7816 Central Avenue N.E. Minneapolis, Minnesota $ 751.00 The City Manager reported the bids were opened at 11:00 A.M., August 3rd with Mr. Bauer the high bidder with $3,751.00 exclusive of any relocation costs which would be up to Mr. Bauer. He said he met with him today and Mr. Bauer plans on moving the building out o£ Fridley and has already put down a deposit of $500. He has agreed to apply for a11 the necessary moving permif.s and hold the City harmless. MOTION by Councilman Breider to award the bid for the building at 6289 T.H. #65 to Mr. Herman Bauer in the amount of $3,751.00. Seconded by Councilman Mittel- stadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE CATV ADVISORY COMMITTEE MEETING OF JULY 14� 1972: MOTION by Councilman Breider to receive the Minutes of the CATV Advisory Committee Meeting of July 14, 1972. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE CATV ADVISORY COMMITTEE MEETING OF JULY 20, 1972: � MOTION by Councilman Breider to receive the Minutes of the CATV Advisory Co�ttee Meeting of July 20, 1972. Seconded by Councilman Mittelstadt. Upon a voice vote, , all ayes, Mayor Liebl declared the motion carried unanimously. <7r� �, � REGULAR COUNCIL MEETING OF AUGUST 7, 1972 PAGE 11 � RECEIVING REPORT ON ANOKA COUNTY CONTRACT FOR COMMUNICATIONS SERVICES: Councilman Breider, Fridley's representative to the Anoka County Joint Law Enforcement Council, reported that he recommended Council approval of the proposed contract. MOTION by Councilman Breider to receive the contract outline £ound on Pages rk13A through #13E, and approve the contract pxoposal. Seconded by Councilman Mittel- stadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF THE CON5TRUCTION PLAN FOR EAST RIVER ROAD I�IPROVE- MENT FROM 64TH AVENUE TO RICE CREEK, INCLUDING THE RIGHT OF WAY, DZVIDER, UTILITIES AND DRAINAGE: The City Engineer said as the Council is aware, there were about 6 months o£ public hearings on the amprovement o£ East River Road, after which the plans were approved by the Council and submitted to the County. They County Board is unhappy with Eridley because they formalized the plan, then changed their minds. There are State and Federal funds in this pro�ect, and £ormalizing the pro7ect has to stop somewhere. He said he wanted the Council to be £ully aware of what this pro�ect is in case there were any reservations. It was already approved before by the previous Council. The divider would run £rom 64th Avenue to �ust short of Rice Creek Way, and cuts off le£t turn access into Hirsch's apartments. � Mayor Liebl said he had 7ust talked to Mike O'Bannon a short time ago and he assured him that the divider would not go north £ar enough to cut off the access for the four property owners north of Mississippi. The City Attorney added that then there would be no problem as Hirsch has access £rom Mississippi Way at the south and would not need the access to East Ri.ver Road. MOTION by Councilman Mittelstadt to approve the plan on Page #14 0£ the Council Agenda providing a divider from 64th Avenue, past the Hirsch apartments, but stopping short of cutting off the four psoperty owner's access. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Lieb1 declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF AGREEMENT WITH METRO SEWER BOARD ON 1972 FLOW AND ADJUSTMENT TO COST ALLOCATION: The City Manager reported that the matter of the 1972 flow and ad7ustment to the cost allocation has been resolved. There were many matters in dispute, the ma�or of which was the flow figures. These have been ad�usted downward to tl�e 1971 figures, resulting in a net reducta.on for 1972 of $38,936.98. He now would recommend approval of the 1972 cost allocation for Fridley of $364,007.28. MOTION by Councilman Utter to concur with the recommendation of the City Manager. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. , RECEIVING THE UP-TO-DATE REPORT REGARDING THE FLOOD INSURANCE AND CHARTING OUT THE COURSE OF ACTION FDR THE CITY REGARDING THE FLOOD PRONE AREAS: Mayor Liebl commented that this .�s a very difficult problem, on the one hand, the rezoning would provide the means to allow the people to get flood insurance, but ( ia REGULAR COUNCIL NiEETING OF AUGUST 7, 1972 PAGE 12 on the other, there could be no more buzlding because there are very rigid � restrictions on any building in a£lood plain zone, This rezoning would also affeat the value of the property. The City Manager added that he believed flood insurance would be practically impossible to get w,tthout this program. This program is federally subsidized. The City Engineer said that before anytk�ing is actually started there should be an informal public hearing to get the Peelings of the people. It is a very long and involved proaess to apply £or the flood insurance. Councilman Breider said that by 7udging from the few calls he has had he did not think the residents would want the program. He explained to the people calling him the restrictions that would be placed on them in order to be eligible for the flood insurance and sent them some information with instructions that after they had read it, they could call him. He wouZd assume since they did not call back, that they were no longer interested. The City Attorney suggested before the informal hearing a.s he1d, that a letter should be sent out outlining all the ma�or pros and cons so the people could have this advance information bePore going into the public meeting. This would allow for a saving of time and the people could have their minds made up before the meeting. The City Engineer explained that in order to qualify, all the flood plain areas in the City would have to be rezoned, not 7ust Riverview Heights. There is also � a flood plain area along Rice Creek accordinq to the Corps of Engineers. There is only one house in this flood plain however. MOTION by Councilman Mittelstadt to set October 9, 1972 for an informal public hearing on the matter of flood plain rezoning and the insurance program. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF A TRAFEIC PROBLEM ON 3ACKSON STREET BETWEEN 73RD AND OSBORNE ROAD: The City Engineer reported that stop signs have already been put up at 75th and Jackson, therefore Council action would be to approve the placement of the signs. MOTION by Councilman Hreider to approve the stop signs at 75th &.Tackson Street. Seconded by Councilman Mittelstadt. Upon a voice vote all ayes, Mayor Liebl declared the motion carried unanimously. RECEIVING REPORT ON REORGANIZATION OF THE PUHLIC WORKS AND ENGINEERING DEPARTMENT: The City Manager reported that £or some time he has been studying some possible reorganizational plans for the Public Works and Engineering Department. Up until about three yeass ago the Public Works and Engineering were one department, under the direction of the City Engineer. At that time there was a separation ' made. Now under this reorganization plan the Public Works and Engineering Departments would be recombined. There would be an Enganeering Division which would handle the straight engineering work, a Community Development Division which would handle the planning and building inspection functions, and the -. � �� � REGULAR COUNCIL MEETING OF AUGUST 7, 1972 PAGE 13 � Public Works Division which would handle the corporation shop, street, sewer, and water maintenance activities, as it does now. There are no new employees planned by this reorganization and no changes in salary. The basic reason for this plan is because the Public Works and Engineering functions are so closely interrelated, being separate creates a communication problem. He felt that this plan would relieve Mr. Qureshi of some of the time consuming activities he has now. It was pointed out that the Council would like Item #8 0£ the �ob description specification sheet for the Operations Analyst deleted MOTION by Councilman Mittelstadt to concur in the recommendation of the City Manager as laid out on Pages #1S -#18G of the Counca.l Agenda, wi�.h the deletion of Item #8 on Page #18G Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RECEIVING SUGGESTED NAMES TO SERVE ON CHARTER COMMISSION: The Council indicated they do not have their lists completed yet and the C�ty Attorney was asked if there was any difficulty in delaying submitting the list and the City Attorney replied no. MOTION by Councilman Mittelstadt to taY�le this item £or 30 days. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion � carried unanimously. CONSIDERATION OF SETTING DATE TO REVIEW CODIFICATION OF CITY CODE AND RECEIVING AUDITOR'S REPORT: MOTION by Councilman Mittelstadt to put these items on the August 14th Agenda. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF SETTING DATE TO CONSIDER MUNICIPAL LIQUOR STORE LAYOUT The Council, with the excepta.on o£ Councilman Utter, reported they have looked over the layout of the Brooklyn Park liquor store and approve. Councilman Utter said that he would have the opportunity to go through the store the next morning The Council directed the City Manager to proceed wa.th the drawings of the internal layout of the store based on that o£ Brooklyn Pax'k's, providing Councilman Utter calls in and voices his approval also, and that the Council would like the oppor- tunity to look those plans over on August 14th, 1973 BUDGET: MOTION by Councilman Breider to table consideration of the 1973 budget. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. � RESOLUTION #96-1972 - A RESOLUTION DESIGNATING POLLING PLACES AND APPOINTING ELECTION NDGES FOR THE SEPTEMBER 12, 1972 PRIMARY ELECTION: MOTION by Councilman Mittelstadt to adopt Resolution #96-1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. �� �,y REGULAR COUNCIL MEETING OF AUGUST 7, 1972 APPOINTM�NT: PAGE 14 Name Position Salary Ef.fective Date Replaces Jerrold L. Boardman Planning $842 per Suly 26, 1972 Peter J. Herlofsky Assistant month MOTION by Councalman Breider to approve the appointment of Jerrold Boardman as Planning Assistant. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor T,ieHl declared the motion carried unanimously, CLAIMS: MOTION by Councilman Mittelstadt to authorize payment of General Claims #29116 through #29229 and Liquor Claims #6893 through #6923. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. LICENSES: Gas Service: Larson-Mac Company 7811 Golden Valley Road Minneapolis, Minnesota General Contractor. Dahlberg Builders, Inc. 1121 80th Avenue N.E. Minneapolis, Minnesota xeating Services: Larson-Mac Company 7811 Golden Valley Road Minneapolis, Minnesota Hoglund Mechanical Contractors 7420 West Lake Street Minneapolis, Minn. 55426 Plastering: Mulcahy Drywall 47 Hickory Street Mahtomedi, Minnesota By, Edwin W. Larson By: Samuel Dahlberg By: Edwin W. Larson By: Don C. Hoglund By. Gary T. Mulcahy Approved By Plbg. Insp Bldg. Insp. Plbg. Insp. Plbg. Insp- Bldg. Insp. MOTION by Councilman Mittelstadt to approve the licenses as submitted with the addition of the Set-Up License £or Canterbury Inne. 5econded by Councilman Utter Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. � ' , � � � REGiILAR COIINCIL MEETING OF AUGUST 7� 1972 ESTIMATES: League Of Minnesota Piunicipalities 3300 University Avenue 5.�. Minneapolis, Minnesota 55414 Meznbership dues in League of Minn. Municipalities $1654.OD for Year Beginning September 1, 1972 Metro League $1103.00 Participation in the Labar Relations Consulting Service Dunkley 5urfacing Company, Inc. 3737 East River Road N.E. Fridley, Minnesota 55421 PARTIAL Estimate #7 for Water Main, Sanitary Sewer & Storm Sewer, Innsbruck North, Project #103 Layne Mlnnesota Company 3147 California Street N.E. Minneapolis, Minnesota 55418 PARTIAL Estimate #2 for Water Improvement Pro7ect #108 (WELLS #5 & 6) Nodland Associates, Inc. Alexandsia Ma.nnesota 56308 PARTIAL Estimate #6 for Sanitary Sewer, Storm Sewer and Watermain Improvement Pro�ect #102 PAGE 15 $ 2,757.00 $ 1�100.00 $18,301.97 $13,145.00 $23,121.22 �, u Councilman Breider asked what the Labor Relatinns Consulting Service was and the Crty Manager explained that this is for the services of Cy Smythe, This is partially paid for by the League dues and is to assist in labor relations in specifa.c areas such as mediation or arbitxation, They were involved this year in the mediation for the liquor clerks. MOTLON by Councilman Mittelstadt to approve payment of the estimates as su6mitted. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF FIRST COUNCIL MEETING IN SEPTEMBBR (LABOR DAY): MOTION by Councilman Mittelstadt to set the first meeting in September £or the llth. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF AGREEMENT WITH METRO SEWER BOARD REGARDING JOINT USE RENTAL OF THE SEWER INTERCEPTOR: MOTION by Councilman Utter, seconded by Councilman Mittelstadt,to approve the agreement as it appears in the Agenda. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously �� REGULAR COUNCIL MEETING OF AUGUST 7� 1972 COMMUNICATIONS: WYMAN SMITH: APPEAL OF RIEDEL VS. CITY OF FRIDLEY: PAGE 16 MOTION by Councilman Breider to receive the communication from Wyman Smith dated July 31, 1972. Sewnded by Councilman Utter. Upon a voice vote all ayes, Mayor Liebl declared the motion carried unanimously. GOP: PICNIC AT L�CKE PARK: MOTION by Councilman Mittelstadt, seconded by Councilman Uttex, to receive the communication from Mary Ellen Storley, Fridley GOP, dated July 31, 1972 and concux in their request. Upon a voice vote, all ayes, Mayor T,iebl declared the motion carried unanimously. MICHAEL SERVETUS UNITARSAN SOCIETY: ANNUAL AUCTION: MOTION by Councilman Mittelstadt to receive the communication from James E. Cook, Chairman, dated August 1, 1972 and approve their request. Seconded by Councilman Utter. Upon a voice vote, all ayes, the motion carried unanimously. CITY ATTORNEY: DISPOSAL OF ABANllONED �IEHICLES: , The City Attolmey re£erred to his memorandum dated August 7th concerning the procedure Fridley should adopt to be Yn compliance with the State Statutes � enacted in the 1971 session of the Minnesota Legislature. The procedure would provide for a more efficient and fair method of disposing of a]�andoned vehacles. She Czty would notify the owner that a vehzcle has been towed and may be claimed by paying the towing and storage fees. If the vehicle is not claimed, the towing contractor will Hill the City for the towxng and storage. The City could then hold a public auction pursuant to notice as required by the Statute. The auctions could be held every 30 - 45 daps, and the proceeds from the sale would go into the general revenue fund of the City to help defray the charges. Where an owner can be identified, he is also suggesting there be an ordinance violation fine charged against the owner for abandoning a vehicle. This fine would also help to defray the cost of the program. He said this should provide a more effective way of getting rid o£ these vehicles and it should be more equitable for Shorty's because if he is ordered by the Police Department to tow and store a vehicle, this becomes a financial burden on Shorty's that the City should share. The City Attorney said he did not know how much time it would take the Adminis- tration to get this procedure set up, but he suggested that Shorty's Towing� Service could continue as it is for about 30 days, and by that time perhaps the switch-over could be made. The contract should be reworded with this new terminology included and if Mrs. Schuur agrees she could look over the contract and it could go into effect in 30 days. Mrs. Schuur asked where the auction would be held. She would not have room , at the garage, it would have to be held elsewhere. She added there were not too many in the summer, but in the winter, the snowbirds do beaome a problem. MOTION by Councilman Mittelstadt to receive the memorandum from the City Attorney, dated August 7, 1972. Seconded by Councilman IItter. Upon a voice vote, all ayes, Mayox Liebl declared the motion carried unanimously. � REGULAR COUNCIL MEETING OF AUGUST 7, 1972 CONSIDERATION OF FOIINDATION PERMIT REQUESTED BY MINNESOTA LINSEED: PAGE 17 Mr. William Edberg, Plant Manager for Minnesota Linseed, came forward and explained he had applied for a permit to build a foundation for a grain drier. He had thought this would 7ust be a regular procedure, but was told he would have to go through the regular channels for building a building. It seems that the Inspection Department considered this drier a building and he considered it a piece of equipment. The City Engineer explained that he had advised them of the procedure to use. They could go to the Building Standards - Design Control on the lOth, but then would not be considered by the Council until the 24th and they are in a hurry Mr. Edberg said that they have already let the contract. Al1 they need is a foundation to set this equipment upon. He said this equipment that will srt on the foundation is considered a piece of grain processing equipment in his business. He said he knew the procedure, but did not know this would be considered a building. The City Engineer said there may be other considerations the Building 5tandards would want to consider, such as screening. There £ollowed a discussion at the Council table while looking at pictures of the equipment. MOTION by Councilman Mittelstadt to grant a foundation permit to Minnesota Linseed for this piece of equipment, with the stipulation that they are to appear before the next Building Standards - Design Control Meeting for their review. ' Seconded by Councilman Utter. Upon a voice vote,all ayes, Mayor Liebl declared the motion carried unanimously. ADJOURNMENT: There being no further business, Mayor Liebl ad�ourned the Regular Council Meeting of August 7, 1972 at 10:20 P.M. Respectful� submitted, �(�I �� Juel A. Mercer Secretary to the City Council � �� � . Frank G. Li bl Mayor