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02/26/1973 - 00016806� � � THE MINUTES OF THE REGULAR COUNCIL MEETING OF FEBRUARY 26, 1973 The regular meeting of February 26, 1973, of the Fridley City Council was called to order at 7 38 p.m., by Mayor Liebl. PLEDGE OF ALLEGIANCE: Mayor Liebl l�d the Council and the audience in saying the Pledge o£ Allegiance to the Flag. INVOCATION: The invocation was offered by the City Manager, Gerald R. Davis. ROLL CALL: MEMBERS PRESENT: Liebl, Utter, Nee, Breider, Starwalt. NIEMBERS ABSENT: None. PRESENTATION OF AWARD: CERTIFICATE OF APPRECIATION. MR HANS BOARD OF APPEALS: Mayor Liebl called upon Mr. Hans J. Sondheimer to come £orward for the presentation of the certi£icate of appreciation. Mayor Liebl read from the certificate as follows: CERTIFICATE OP APPRECIATION CITY OF FRIDLEY� MINNESOTA AWARDED TO HANS S. SONDHEIMER The City Council of the City of Fridley extends its appreciation to you for your services rendered by you cluring the period of March 16, 1970 to January 25, 1973, as a member of the Fridley Board of Appeals. Your contribution of time and efforts towards the betterment of you community have been noteworthy. The wi11- ingness and devotion in the serviae oi your community have been commendable and you may be assured you have contri3auted much to the orderly aesthetic development of the City. Date; February 26, 1973 For the Council Frank G. Liebl, Mayor Mayor Liebl thanked Mr. Sondheimer £or his services and said, may God bless you. Mr. Sondheimer thanked Mayor Liebl APPROVAL OF MINUTES: PUBLIC HEARING MEETING OF JANUARY 15, 1973. Motion by Councilman Starwalt to adopt the minutes as presented. Seconded by Councilman Uttter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. � �, � ° i �� REGULAR COUNCIL MEETING OF FEBRUARY 26, 1@73 Page 2 REGULAR COUNCIL MEETING OF JANUARY 22, 1973: MOTION by Councilman Starwalt to adopt the minutes as presented. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Liebl said the following items should be added to the agenda: An additional recommended name £or the I5lands of Peace Committee, and recommended members of an Advisory Board for the Islands of Peace Committee, by Ed Wilmes. MOTION by Councilman Nee to adopt the agenda as amended. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. VISITORS: The City Manager asked if it would be possible to introduce a new City employee to the Council and the audience. He added, he knew this was not the general practice of the Council, but he clid not want to inconv�enience the new employee by making her remain through the entire agenda. Mayor Liebl agreed wrth the introduction at that time in the meeting. The City Manager introduced Ms. Peggy Holsather, Billing Machine Operator, Accounting Department, to the Council. The City Manager said Ms. Holsather is a resident oi Coon Rapids, a graduate of St. Louis Park High School and had been employeed by Control Data as an aacounting clerk. Mayor Liebl welcomed Ms Holsather to the City of Fridley. DONALD KERSTEN, 565 HUGO ST. N. E., FRI➢LEYc Mr. Kersten expressed concern over the hazardous conditions on Hugo Street created by excessive speeding and the existence of many children in the area. He stated he had talked to the Police Department about the problem and also had tried to contact his Ward Councilman, Mr. Nee. He cited some recent occurrances expressing a need for enforcement of speed regulations. Ae stressed his concern and said his attempts for action had failed. He said he was reguesting the Council take some action to eliminate the problem. Mayor Liebl assured Mr. Kersten the problem would be investigated and also assured him he would get the cooperation o£ the Ward Council- man. Councilman Nee asked Mr. Kersten how the attempts to reach him had failed. Mr. Kersten said he had continually received a busy signal. Councilman Nee asked Mr. Kersten to stop by his home over the weekend to discuss the problem. ' � � � P� i REGULAR COUNCIL MEETING OF FEBRUARY 26, 1973 Page 3 MR. MIKE O'BANNON: ' Mr. O'Bannon said there is a problem in front of the Day Care Center Building on Arthur Street. He believed the installation of a no parking sign in front of the Center would alleviate the problem. He said the buses can not get in and out of the area. He asked i£ the City oould take some action to solve the problem. Mayor Liebl said the administration would check into the problem. APPRDVAL OF PLANS AND SPECIFICATIONS FOR LIQUOR STORE SIGN AND ➢IRECTING THAT BIDS BE ADVERTISED AND RECEIVED FOR THE SIGN AND DIRECTING THAT BIDS BE ADVERTISED AND RECEIVED FOR LIOUOR STORE INTERIOR FURNISHINGS: Mayor Liebl called on the City Manager to explain the item. The City Manager said the,action of the Council would be to take action to go out for bids. He added, all equipment that could be used from the other store will be utilized. He explained this equipment as shelving, gondolas and interior £urnishings. He said when the bids have been received they would be brought back to the Council for approval or denial. Mayor Liebl asked the City Manager if there was a drawing of the proposed sign? The City Manager said there is a drawing, and the sign plans were the same as previously presented to the Council. Mayor Liebl asked if there were any questions on the various items presented. , The City Manager said the plan remained the same with the exception of the installation of the telephone in the base of the sign. He said this had been discussed and it was decided it wauld be impractical Councilman Nee asked what method of advertising would be done for these bids. The City Manager said notification would be sent to all known sign companys, he added, they do not depend on the legal puhlication for advertisement of this sort. Mayor Liebl askecl if they would be sending a letter of advertisement. The City Manager said this would be done. Councilman Starwalt said he thought the plans and authorization £or bids for the sign and the furnishings should be handled as separate items. MOTION by Councilman Starwalt to advertise for bids for the Liquor Store fixtures and equipment. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Starwalt to advertise £or bids for the Liquor Store sign. Seconded by Councilman Utter. IIpon a voice vote, all voting aye, Mayar Liebl declared the moi.iun carried unanimously. � DISCUSSION 6N NORTA PARK: A. RECEIVING THE MINUTES OF THE NORTH PARK MEETING OF FEBRUARY 14, 1973. MOTION by Councilman Utter to receive the minutes of the North Park Committee Meeting of February 14, 1973. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. �l� REGULAR COUNCIL ME�TING OF FEBRUARY 26, 1973 B. APPOINTMENT OF MEMBERS OF THE AD HOC Page 4 COMMITTEE: Mayor Liebl called on Councilman Breider as Moderator o£ the North Park Committee to outline the events of the last meeting. Councilman Breider said there had been some aonstructive inputs at the last meeting of the Committee. Ae said some of the points in question were brought to light and answered. He said the Committee expressed the request that they be officially appointed by the Council and also they agreed, Brauer and Associates should be authorized to do the feasibility study. Councilman Breider said the original expenditures set were $200,OOD for a nature center and $750,000 for a golf course. Councilman Breider said this has been changed to an optimum figure, not a minimum or maximum figure. The Committee was in agreement that they will reaeive the completed study by Brauer and Associates and they will review it. Councilman Breider said after review by the Commrttee, the Committee wi11 made recommendation5 to the Council and their recommendations will represent a unanimous decision. Councilman Breider said they had discussed bidding procedures and had agreed that Brauer and Associates should not be eliminated from the bidding. Councilman Breider said it had been recommended by the consultant that a member of the 5chool District be placed on the Committee. Mayor Liebl read the recommended list of Commrttee members. They are as follows: Councilman Tunoth Breider, Moderator, Janet Seegar, LeAnn Sporre, both of the League of Women Voters, Dave Harris and Duane Prairie, both of the Eridley Chamber o.f Commerce, Doug Peterson, YMCA, and Richa.rd Stanton, Fridley Senior Aigh School. Councilman Nee said he also had some names o£ people who had expressed interest in being members of the ad hoc North Park Committee. He saic] he would present the names. He first suggested a member of the Park Board be included in the Committee. He suggested Mr Edward Fitzpatrick, Chairman of the Parks and Recreation Commission or Mr. Gary Stimmler, a member of the Parks and Recreation Commission. He added, he could not see th�s development or pian being studied without the partiaipation of the Park Board. Councilman Nee n3med the following persons who had expressed interest: Ms. Betty Mech, Roland Anderson, Roger Kay, Bob Werner and Richard Young. Councilman Nee said each of the named persons had an area of expertise which would be useful to the Committee. Mayor Liebl said in his opinion, the number of persons on the Committee should be an even one. Councilman Breider said he was not a voting member so the Committee noW had six members. Mayor Liebl suggested one person from the Park Board be included and perhaps another member suggested by Councilman Nee. Councilman Nee suggested Mr. Fitzpatrick represent the body of the Park Board. Mayor Liebl said he thought Mr. Richard Young had expressed a great deal of intexest in the utilization and had attended all of the meetings. Councilman Nee suggested Bob Werner also be appointed to the Committee. ' � � � 6' ) REGULAR COUNCIL MEETING OF FEBRUARY 26, 1973 Page 5 � MOTION by CounCilman Utter to approve the recommended appointments to the ad hoc North Park Committee and add the names o£ Mr. Edward Fitzpatrick, Mr. Richard Young and Mr. Robert Wernen. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. C. CONSIDERATION OF PROPO5AL OF SRAUER & ASSOCIATES DATED FEBRUARY 8, 1973, TO PREFORM A GOLE COURSE/NATURE C�NTER FEASIBILITY STUDY FOR NORTH PARK: Counca.lman Breider said due to the negotiations between the City Administration and Mr. Brauer, the cost of the £easibility study has been reduced by $3,0OO.OD. He said it was orginally $14,000.00 and has been reduced to $11,000.00, Councilman Breider said Mr. Brauer has agreed to advise the Committee of his £eelings if at any point in the study he becomes pre�ud7.ce. Councilman Breider said the City will only be charged fox the services that have been rendered up until that time, not for the entire amount of the study. MOTION by Councilman Breider to authorize the feasibility study be done by Brauer and A5sociate5 as proposed February 8, 1973. Seconded by Councilman Nee. � Councilman Starwalt queStioned the xeduction in the amount asking if this could be done because the Crty was to provide some of the information that had been part of the proposal� Councilman Breider said this was correct, rather than pay the addrtional amount, the City would assign a member of the staff to go out and get the information. The City Manager called the attention of the Council to item number C page 2-Q of the agencla and referred to the owners responSibility. He said the administration had looked this over during the revamping of the comprehensive plan. He added, the City is able to supply the needed data. The City Manager introduced a representative from Hrauer and Associates that was a member of the audience, Mr Paul F�are. The City Manager said £or the information of the audience, the £irm had agreed to £inish the study in a period of ninety days and they were able to 5tart immediately. UPON A VOICE VOTE, all voting aye, Mayor Lieb1 declared the motion carried ur�animously. CONSIDERATION OF A REQUEST FROM MIKE O'BANNON TFIAT THE CITY MANAGER SIGN A PLAT WITHOUT A1J AGREEMENT THAT 5800.00 PER LOT BE PUT IN ESCROW � Mayor Liebl called the attention of the Council to the minutes of the Council meeting of May 8, 1972, when this matter had been discussed by the Council. He also recalled at the last meeting of the Council, Councilman Starwalt and Councilman Utter were instructed to look into the matter. : �_ � REGULAR COUNCIL MEETING OF FEBRUARY 26, 1973 Councilman Starwalt said there had been quite since the last meeting cilman Nee, Councilman tion, and himself had Counrilman Starwalt Utter, Mr Paul Bro�an, lool<ed at the property Page 6 a bit of action on the sub�ect said the City Engineer, Coun- Director of Parks and Recrea- Councilman Starwalt said the situation as he saw it was the agreement between Mr. 0'Bannon and the City to place the amount of $800 per lot in escrow would protect the citizens of Fridley and the Administration m solving the future problems of drainage of the area. Mayor Liebl said at the meeting of May 15, 1972> Councilman Breider had made a motion which stipulated Mr. 0'Bannon must put $800 per lot into escrow for the development of the storm sewer Mayor Libel read aloud the motion. "MOTION by Councilman Breider to approve the final plat P, 5, r72-01, Heather Hills Second Addition, consisting of 13 lots, by Mike 0'Bannon, with the stipu- lation ihat there be $800 per lot put in escrow for the storm sewer at the time of closing Seconded by Councilman Utter. Upon a voice vote, Breider, U ebl and Utter voting aye, Mittelstadt voting nay, Mayor Liebl declared the rnotion carried." Mayor Liebl asked Acting City Attorney, ,James Gibbs, what the Council would have to do to eliminate the stipulation. The City Attorney said any action in this direction would have to be taken care of at the next meeting of the Council. Mayor Liebl asked if the minutes would have to be changed. The City Attorney said Mr. 0'Bannon would have to appear before the Council requestingr�scinding of the stipulation The City Attorney said he did not believe this could be done at the present meeting. Mayor Liebl said there inust be clarification on the point. The City Attorney said he d�d not see a way to resu nd what a former Council had approved. He said, he did not believe it could be done Mr. 0'Bannon asked the Mayor to read the motion from the meetiny of May 15, 1972 once again. Mayc3r Liebl said the requirement under these minutes was that Mr. 0'Bannon put the $800 rn escrow. Mr. 0'Bannon asked if the $800 was to be placed in escrow at the time of closing� He stated that at the time the permit is issued, or at the time the house is built on the land the bank will require the money be put into escrow. He sa�a, at the present time he was only requesting the plat be signed. Mayor Liebl asked Mr. 0'Bannon if he was prepared to comply with the stipu- lation Mr 0'Bannon said he would cross that bridge when he came to it. The City Engineer said the City had to be sure Mr. 0'Bannon agreed before the plat would be signed. Mayor L�ebl asked the C rty Engineer if it would be advisable to autho n ze the City Manager to sign the plat and work out an agreement at the time Mr. 0'Bannon builds on the lots� The City Engineer said the plat had been auth- orized for signature, but the requirement of the ordinance had not been waived at the present time He said it is necessary to have this yuarantee as the house may be turned over to ancther party. The City Engineer said the plat should be signed if Mr. 0'Bannon agrees to comply. �I � � � � 1� REGULAR COUNCIL MEETING OF FEBRUARY 26, 1973 Page 7 � Councilman Starwalt said he had spent some time with Mr. 0'Bannon and he could understand his problem, but he also saw the need to protect the people in the future. Councilman Starwalt asked what the cost of the amount to be put rnto escrow for the pro�ect would have been five years ago7 The City Engineer said the amount would have been lower Councilman SLarwalt sl-ressed the impor�ance of protecting the future 6uyer and the other future buyers of the area He added, this pro�ect would involve a great deal of money. He said he did not see where the Council could approve ai;ything oLher than what had been recommended Mr. 0'Bannon said the City could not assess people without giving Lhem beneFits. He added, this is the law. He said he would be willing to pay the same amount as the others in the City He said he was not askin9for an alternative or a determined amount to be quoted that night, he was only asking to have the olat signed. He stated he would like some protect�on of his money He added, when the plan for the sewer and water is worked on, he hoped there would be some kind of alternate plan for his property. Mayor Liebl said the Gity would have to have some kind of- agreement from the developer. He said if the people were to be assessed some time m the future they would say they had 6een assessed at the time the house was 6uilt The City Manager asked if it would be possible for someone else to build a home in that area? Mr. 0'8annon said he would be doing all the buildin� in the area. He added, he was in the 6uild mg business. He stated, there will � not be any lots sold there unless he did the Uuilding of the houses. The C rty Manager said he was very reluctant to agree to signing, leaving the matter in the air. He said there should be some agreement before action is taken. Councilman Utter said Mr. 0'Bannon could defer the $800 assessment to the owner Mr. 0'Bannon said it would be like buying a car If the dealer talks of L-oo much money, the buyer wrll go somewhere else to buy the car. Councilman Utter said he would be providing protection for the hoine owners of the area He stressed how each area has a different sewer assessment He said everyone who owned land in the area 6erng discussed would be payrng the same amou�t. Councilman Utter added, there is already some money rn escrow for that area. Mayor Lie61 asl<ed the City Engineer if the plat is ready for a signature and what could be done to work out a satisfactory agreement. The City Engineer said the $$00 is not an assessment, it is to be put into esc:-ow He said this is differ�nt, this amount will cover any future storm sewer assessments. The City Engineer pointed out the area on the overhead pro�ector and stated, Mr 0'Bannon owns some of the land and there are others who own land in the area. The City Engineer said any developer in the area would be required by the ordi- nance to pay the assessment or escrow for the system that will be eventually � put in the area i �'cD REGULAR CDUNCIL MEETING OF FEBRUARY 26, 1973 Page 8 Mayor Lie61 asked if there is a system being planned for the area� The City Engineer said Mr. 0'Bannon wants to develop this area, but the others in the area were not ready for development at this time They are not ready for the heavy assessment, he added. Councilman Utter asked if there were any requirements as to how the storm sewer should be put in? The City Eny rn eer said it should either be ponded or if the Council approves that, piped to the east and then north to rice creek. The area Mr. D'Bannon owns is a very snall portion of the land, and most of the area is not developed, he said. The City Engineer said when the land is de- veloped, the ma�ority of the people would have money in escrow for the storm sewer pro�ect Mr. 0'Bannon asked if he would be assessed after the before7 The City Attorney said he would 6e asked to ayreement, not pay the assessments at this time. Mr was nothing like �has, the City expected him to pay lage of platting his land He asked the Council to treated the people of Innsbruck. land is developed or live up to an escrow . 0'Bannon said the case $l0,OD0.00 for the privi- treat him as they had Mayor Lie61 said every storin sewer costs money, but it has to be put in to get rid of the water. �1ayor Liebl said past Councils have been critized because they created a problem 6y not having the necessary plans or money in escrow He said the present Council has a policy of being honest with the people by telling them what the pro�ects of the future are to be. He said there must be inoney in escrow to take care of the storm sewer problem. Mayor Liebl said the Council has to think of the entire area. Councilman Breider recalled the discussion of the last Council Meeting when Mr. 0'Bannon suggested the City buy park land from him to drain his land. Councilman Breyder said he would not agree to this because the people of the first Ward would be paying for the land. He said when the Wall Corpora- tion needed drainage land, they gave the City the land, they did not sell it to the City Councilman Breider said he would not agree to the City br�ying ihe land from Mr. 0'Ba�non. Mayor Liebl asked the C�ty Engineer if the plans for the area would be feasi- ble for the overall comprehensive study� The City Engineer said there would be no storm sewer development in the area until it is developed considerably. He said the people of the area may not want the ponding area because of the danger. Then the City would have to go into the area again and construct a closed storm sewer system He said there could be additional problems w�th pondina such as the build up of s�lt, debrJs, and a hazard to the children in the area because of the open water. He said Mr. 0'Bannon should adv�se the people that there would be the possib�lity of future storm sewer assessments, � � Councilman Breider asked the City Attorney if they could agree to have Mr. 0'Bannon pay the $800 escrow amount per lot or an alternative acceptable solu- tion� The City Attorney said this was possible, but the purchaser of the home � should be notified that in all probab�lity there will be some kind of future assessments For storm sewer. REGULAR COUNCIL MEETING OF FEBRUARY 26, 1973 Page 9 � The City Engineer said if the people are aware that the drainage is Leing laken care of 6y the pond and some future Council or the neighborhood wants another system, then there would be no problem, and it could 6e installed The basic thing is that people who buy the house in the area know exactly the set up is for the drainage and if there are improvements inade, they will be assessed. A resident of the area requested the Council notify the people that presently live in the area if they plan to solve the drainage problem by pondin�. He said he believed the people should have written notice of this possible agree- ment and there should 6e a hearing on the matter. Councilman Utter said if the City puts in a holdine, pond in the area, there would be a lot of people protesting the action, includiny himself Councilman Starwalt asked if interest would be pa�d on the money in escrow? Councilman Starwalt asked if there was additional money in the pro�ect for the district at the presemt time, and was the rate throughout the district the same or $800 per lot. The City finance Director said there is money in the pro�ect and the rate had been $8D0 per lot. He added, there is no mterest paid on the mo�ey in escrow. Mr. Carl Paulson, 430 N.E, 57th Place, Fridley, asked if the development of the holding pond would raise the water table of the area, The City Engineer said �1 would not as the area is quite high and the pond is very small, � Councilman Utter said as long as the Council had made a motion, it had been seconded and passed, to put $8D0 per lot in escrow, he believed the Council should follow through. He mentioned there are other developers in the area and many lots to 6e concerned, he questioned the reason for creating additional problems. � Mayor Liebl asked if Councilman Utter was recommending the Council to recog- nize the motion as rt stands and was passed on May 15, 19727 Councilman Utter said he did. The City Manager asked the City Attorney if there would be a way of getting an agreement for putting the money in escrow after the plat was signed. The C rt y Attorney said it would be difficult to obtain a stipulation or agreement after this. The City Manager said on the basis of this, he was unable to sign the plat. Councilman Nee asked the possibility of delaying action for a couple of weeks, allowing Mr. 0'Bannon to continue construction of the sewer and water systems i� the meantime� Mr. 0'Bannon said he was willing to put in the sewer and water. He said he realized the City was trying to force him to agree with the stipulation by not signinq the plat. He said he had only asked to 6e treated fairly, he did not want the City to rnake an example of him like they had of Mr. M�ller, and he wanted the same consideration that was given to Innsbruck. He said if the plat was not going to be signed, he wished the City would return it to him Mr. 0'Bannon said he would continue to put in the sewer and water. -� � : r „ i ,� , _, REGULAR COUNCIL MEETING OF FECiRUARY 26, 1973 Page 10 Councilman Breider said he did not like to make motions that were not in his � ward, and this was not in his ward, but he wanted to suggest a possible motion. He suggested authorizing the City Manager to sign the plat. He said he thought a part of the motion should be to notify the people in the area of the possi- 6il rty of the addition of an outfall pipe some time in the future. He suggested stipulating the $800 per lot be put in escrow if no agreement is reached before the time closing. If agreement of the neighbors is reached after closiny the money would 6e returned to the buyer of the property. Councilman Breider said if the buyer were notified why the pond was being used and was in aqreement with the use, the escrow money could be returned. He said if the City were to solve the storm sewer problem, the money would be there when it would be needed. Councilman Starwalt said Mr. D'Bannon does not agree to pay $800 for escrow at the time of closing. Mr. 0'Bannon said it would be an assessment at the time of closing. The City Attorney said this statement was not true, it would be put in escrow and would not be an assessment. Mr. 0'Bannon said the 6ank would require him to put this amount aside at the time of development if it is stipu- lated. MOTION by Councilman Starwalt to confirm the previous motion of the Council requiring M�-. D'Bannon to place $800 per lot in escrow for storm sewer assess- ments at the time of clos�ng, that the City Manager be authorized to sign the plat, and that the property owners of the area be protected against future storm sewer assessments. Seconded 6y Councilman Utter. Counu lman Breider said until the City has an agreemf=nt from Mr. D'Bannon, this � is not a valid solution. He asked the City Attorney if it were true that if the City Manager would sign the plat, there would be no method of yetting the money escrowed7 The City Attorney said this was correct. MOTION WITHDRAWN by Councilman Starwalt. Second withd�rawn by Councilman Utter. Mayor Liebl said he would like to see some action reaffirmi�g the action of the Council on May 15, 1972, he said he thought the Council should 'oe united in upholding the decisions of the previous Council. MOTIDN by Councilman Breider to authorize the City Manager to sign the plat upon receipt of a w n tten agreemr�nt from Mr. 0'Bannon either to put $800 per lot in escrow or arrive at an acceptable storm sewer plan that would be a ccord- ing to the Drdinances of the C rty, that all potential buyers be notified of possible assessments on the out fall pipe that may 6e added to the area. Seconded 6y Councilman Starwalt. The City Manager asked if he was authorized to sign the plat. Councilman Breider said yes. Councilman Breider said he did not expect Mr. 0'Bannon to be reqw red to subm rt a plan before the plat is signed, UPON A ROLL CALL VOTE, Breider, Starwalt, Liebl, Utter, and Nee voting aye, Mayor Liebl deClared the motion carried unanimously. � � �� ' REGULAR COUNCIL MEETING DF FEBRUARY 26, 1973 Mr. 0'Bannon said the plan would be in lieu of the $800. Page 11 Councilman Starwalt said he was sorry that Mr. 0'Bannon was noe happy about the decision of the Council, he added, he was aware that Mr. 0'Bannon had made an offer of land to the City. Councilman Starwalt said he felt the people rn the area should be informed of the possible problems. MOTION by Councilman Nee that in the event it appears an agreement enacted by the Council will involve the use of open ponding areas, For siorm sewer drain- age, the proposal will be put to a Public Hearing of the district property owners. Seconded by Councilman Starwalt. Councilman Starwalt asked if the matter should 6e referred to the Park Board for review before rt is discussed at thE Public Hearing. Councilman Nee sug- gested not taking the land for park use, but accept one ard a half acres for the drainage system. He added, what ever is done, the people of the neigh- borhood should be involved. Councilman Breider said after the administration has received a plan that is agreeable between both parties, the matter should 6e discussed with those in the area. Councilinan Bre�ider said he m�ould assume Paul Brown would be involved if the land was being considered for Parl< land Councilman Nee asked if they were talk rng about the pon ding area or the sug- gested park land. Councilman Utter said he believed there would be a ponding area on Mr. 0'Bannon's property regardless of the action tal<en by the Council Mayor Liebl said Mr. 0'Bannon did own 13 1ots. Mr. 0'Bannon said the pond rng area would be 300 to 400 feet from any home. Councilman Starwalt asked if the park study should be done 6efore the Public Hearing on the storm sewer system. Councilman Nee said he believed the motion was premature. MOTION WITHDRAWN by Councilman Nee. Second withdrawn by Councilman Starwalt Mayor Liebl accepted the withdrawal of the motion and the second, and advised Mr. 0'Bannon to begin work on a workable solution. COUNTY'S FULLER PARTICIPATION IN THE AREA RELATIVE TO FRIDLEY'S STREETS AND PARKS AND A PROGRESS REPORT AND STATUS OF ACTIONS BY THE RICE GREEK WATERSHED �15TRICT (ITEM ON AGEND� AT REQUEST OF CARL PAULSON): Mr. Paulson said he would like to discuss the Rice Creek W.�ter Shed District and would call on Mr. Wilbur L Goyer, Jr., Chairman of the Board of the Dis- trict. Mr. Tony Petrangelo, 520 Rice Creek Blvd., a member of the goard, and Mr. Frank Murray, Chairman of the District He said he would like to present some of the legal aspects, County and City involvement, and also read a portion of a letter that concerns the District. Mr. Welbur Goyer said he was not sure of the reason Mr Paulson had wanted the representatives of the districts at the meeting. He said the entire Board of Managers of the District are willing to cooperate w rth the C rty ai any time, he added, there are 31 managers. He said the District has its problems and y � r� 1 —, -� � , .., a REGULAR COUNCIL MEETING OF FEBRUARY 26, 1973 Page 12 there are problems presented rn the legislature. He said, at times he thought � the City could help the District and other times when the District could help the City. He cited an example of the work of the Board stating, there is a proposal for the construction of a condominium three feet from the shore of WhiL-e Bear Lake. He said the Board will be taking a c1FlSe look at this, if rt is passed by the Planning Commission and the Council, there will be some embarrassment if the Water-Shed District says no. He said there may be some problems on Locke �ake or other areas. He suggested contacting Frank Murray as he is an expert and �vi11 be glad to answer any questions. Mr. Paulson said the area did not seem to be mak rng much progress and had been experienc rng complaints only. He said he was going to tell the people what is going to be done in the future before the Metro Council steps in, Gouncilman Breider said he did not believe Mr. Paulson's statement that noth- ing was being done was necessarily true He said there is no basis for this kind of statement. Councilman Breider said the City is working on a number of items, he mentioned the flood plain zoning Mr. Paulson mentioned a letter written by Gordon Morrison from the City of Minneapolis, saying it states some of the things being done there. He said there are things that can be done now such as controlling the erosion problem. He said he would see that the members of the Council received a copy of the letter. Mr Paulson said some of the things that have to be done can be done by the City. Ne called on Mr. Murray to tell the Council what could be done. Mr. Murray said there are 31 Water Shed Districts in the State of Minnesota � and these distr�cis covered one third of the State and involved one third of the people in the State, He said there are 200 separate miles of creeks in the State He said the prescribed method of handling the matters brought to their attention is through cooperation. He added, if someone would come to him with a petition, he would work out a proposal. He said the Minnehaha Water Shed District is proof of wha� could be accomplished. Mayor L�ebl said the District and Board had been created by an act of the Legislature. He asked Mr Murray which governing body, the Council of the City of Fridley or the Board of Commissioners for the Water Shed District would have the authority in decision making? Mr. Murrary said the Rice Creek Water $hed District Board of Commissioners would have the authority. He said the City Council of Fridley can come before them as a petitioner requesting action. He added, there can be problems if this procedure is not followed. He added, if the people of the area would be required to sign a petition, instead of the Council presenting the petition of the Council, this is wasted time and eneryy. He stressed their desire to keep th;e��gs as simple as possible with everyone cooperating. Mayor Liebl said he believed he I:new why Mr. Paulson had brought the represen- tatives before the Council, he hoped the Council would look into sprucing up the Rice Creek area. Mr, Murray said this was a big problem. Mayor Liebl said if the people of the area give the Council indicat�on that this is their desire, he said the Council will present a petition to the District Board. � REGULAR COUNCIL MEETING OF FEBRUARY 26, 1973 PAGE 13 � Mr. Paulson said the people of Rice Creek w�ll also be assessed for a pro�ect of this type. Mr. Murray said he did nut agree w rt h this. Mr. Murray suggesied if the City has any questions, they discuss them with the City Attorney, Mr Virgil Herrick, as he is capable and can advise the City �n any matters regard- ing the Water Shed District as he has been working with the Coon Creek District for nany years. � � Mr. Goyer said if the City wished to have anything done aL the present tiine or in the future, they were there to assist. Mayor Liebl said if he received any requests from the people in the area he would con�act the District. Mr. Paulson said if the C�ty wished to have anytliing done, they should pet rtion the District, as this was the only way that anything could be done. Mr. Paul- son suggested obtaining the help of the boys in the arca to clean up the Creek, he said this could be done free. Ne said there are some pro�ects that should be do�e that could not be done for nothing. Mayor Liebl said the Council would want a little time to th rn k about the matter He thanked Mr. Paulson for the presentation. Mr. Paulson said he would like to talk about the County's fuller participa- tion in the area relative to Fridley's streets and parks. Mr. Paulson said, the Counu 1 should look at the statistics on how the tax dollars are spread around. He listed various statistics as they related to the contribution of tax dollars contri6uted to the County. He said Fridley contributes 26%. He suggested the County purchase Locke Park from Fridley, providing the City of Fridtey a manner of puttingt#�eir tax dollars to work. Mayor Liebl said he was fully aware of the stalistics that Mr. Paulson had brought to the Council's attention. The Mayor said there are two County Commissioners, Mr. Kordiak and Mr. 0'Bannon. He said iF Mr Paulson wished to do something about the way the County's tax dollars are used, he should talk to the County Commissioners He added, the County Commissioners divide the budget and even if the City paid doubde it could proba6ly get its share back. Mayor Liebl said he believed the County Commissioners were very responsi- ble Public Officials. He said the people do have the �urisdiction over them as they are elected every f-our years. Councilman Breider said he knew it was not the usual order, but there were many people who were rnterested in rtem number ten on the agenda, and he asked if it would be possible to discuss this item next. MOTION by Councilman Nee to suspend the rules and discuss item number ten on the agenda Seconded by Councilman Breider, Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 7, 1973 AND RECEIVING PETITION #1-1973 AGAINST ZOA #%73-01. � `hB ry '? u �i REGULAR COUNCIL MEETING OF FEBRUARY 26, 1973 Page 14 MOTION 6y Cou�cilman Breider to receive the Petition #1-1973 against ZOA � #F73-01. Seconded 6y Councilman Utter. Upon a voice vote, aal voting aye, Mayor Liebl declared the inotion carried unanimously. REZONING REQUEST ZOA rY7j-01, BRYANT FRANKLIN CORPORATION: The City Engineer said the Planning Commission had recommended the Council deny the request, The City Engineer said a public hearing could be set up tor the second meeting in March. Mr. R. L. Brama, representing Bryant Franklin Corporation, said he did not Fully understand why the matter would need a public hear rng. Mayor Liebl said if the Council would consider the matter and deny the re- quest, the matter would be dead for a period of six months. He said the de- veloper had the right to request a Public Hearing on the matter at the present time. He said this would mean a hearing before the City Council. Mayor Liebl said if they did not want to request a public hearing, the Council could consider the matter at the prescnt meeting. Mr. Brama asked Mrs. Swanson, 361 Rice Creek Terrace, owner of the property, what she wished to do. Mrs, Swanson asked if the Hearing before the Council would be similar to the hearing before the Planning Commission7 Mr. Brama said the Council has an idea of what the people of the area want, he added, they should also be advised of the hardship involved, Mrs. Swanson said she � would like to forego the Public Hearing and ask for action at the present meeting. Mayor Liebl asked the parties involved if they were aware that the planniny Cominiss�on had recommended denial of the request? They were a�mare. MOTION by Councilman Breider to vote as the people he represented wanted him to vote and concur with the planning Commission and deny the rezoning request ZOA #,^'73-01, Bryant Franklin Corporation. Seconded by Councilman Utter. Mr Brama said the developer had listened to the people of the area and modi- fied Lhe request. Mayor Liebl said the Council had only seen what had been included in the minutes of the Plannrng Commission meeting of February 7, 1973• Mayor L+ebl asked �f there were any questrons from the Council. There uvere none, UPON A VOICE VOTE,aII voting aye, Mayor Liebl declared the motion carried u�ani- mously. The City Enyineer said the next rtem on the Planning Commission Meeting was pending before the Commission and would be discussed March $, 1973. MOTION by Councilman Breider to receive the minutes of the Planning Commission Meeting of February 7, 1973. Seconded by Counc�lman lJtter. Upon a voice vote, all voting aye, Mayor Liebl delcared the motion carried unanimously. � � I � � REGULAR COUNCIL MEETING OF FEBRUARY 26, 1973 Page 15 MOTION 6y Councilman Utter to receive the letter submitted to the Council by Mr. Moe, Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Lie61 declared the motion carried unanimously. Mr. Moe addressed the Council saying he was employed by Garrett Freiyht Lines and a representative of the Minnesota Transport Association. Mr Moe said there would be two trailers with a dolly connect mg them. He said the pro- posed unit woula be 65 feet from bumper to bumper. He said Lhe present lengih limitation is 55 feet from 6umper to bumper, or what is referred to as a semi- trailer. He said the proposed law would permit the use of tne 65 foot Lrailer on four lane highways He added, the 55 foot trailer is perm rtted on all highways'. He.said the reason for his presentation to the Council, was to re- quest the City of Fridley to present a resolution urging passage of this legis- tive sending copies to the area legislative representatives Mayor Liebl asked if shipping rates would 6e reduced by the use of the twin trailer� Mr. Moe said he could not say that they would go down, but he was sure they would increase at a slower rate. Mayor Liebl asked if the current restrictions were a handicap to the trucking industry. Mr. Moe said the re- strictions on the highways are a handicap to the industry Councilinan Utter said there were not very many roadways that could 6e used in the StaLe of � Minnesota with the four lane restriction. Co�ncilman Utter mentioned the con- �stion problem on the highway to St Cloud, and added, much of the problem is created by the trucks. Mr. Moe said he agreed with this, and he thought there would 6e fewer on the highway �rf they could carry one third more in the Trucks. Councilman Utter sa,id he believed this to be an iinportant point to consider as so many people travel north to the lal<es. �ayor Liebl said the Counail had heard the presentation for the proposed resolution and they could "vote on the matter at the next Council meeting. He said the legislators would have to make the decision. He asked Mr. Moe if he wanted the Council members to act as lobbyists for the proposal? Mr. Moe said when the State allows the Federal Government to get involved, there have been examples where the states have lost their transportation. Mayor Liebl said the Council would carefully consider the item as it did involve alot of people, �obs and the entire trucking industry. RECESS: Mayor Liebl said there would be a ten minutes recess at 10:35 p.m. RECONVENED: Mayor Liebl reconvened the meeting at 10:55 p.m. � CONSIDERATION OE A REZONING REQUEST ZOA �72-2D, BY CITY OF FRIDLEY, TO BE REZONED FROM R-3A to C-2S: � CONSIDERATION OF A SPECIAL USE PREMIT SP �r72-20, BY CITY OP FRIDLEY TO PERMIT INSTALLATION OF AN ADVERTISING SIGN IN A C-2S DISTRICT� TO BE LOCATED ON THE NORTH SIDE OF I�694 AN➢ 800' WEST OF EAST CITY LIMITS: �� � , R� REGULAR COUNCIL MEETING OF FEBRUARY 26� 1973 PAGE 16 MOTION by Councilman Starwalt in consideration of the public Hearing � and the matter of the specificacions for the sign being larger than he had envisioned, the rezoning and the special use be denied. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OE FIRST READING OE AN ORDINANCE FOR VACATION REQUEST SAV #72-07 NORTHWESTL'RN BELL TELEPHONE COMPANY TO VACATE PORTION OF NORTH/SOUTH ALLEY IN BLOCK 11, HYDE PARK ADDITION: The City Engineer said the Planning Commission had recommended approval of the request. MOTION by Counailman Nee to concur with the Planning Commission and adopt the first reading of the ordinance £or vacation of the alley; and that the concern of the area residents is legitimate and the City will help them Yf a problem develops. Seconded by Councilman Staxwalt. Upon a roll call vote, Utter, Nee, Breider, Starwalt and Liebl voting aye, Mayor Liebl declared the motion carried unanunously. CONSIDERATION OF FINAL PLAT P.S. #72-08� OSBORNE PLAZA� BY STANDARD OIL COMPANY� GENERALLY LOCATED AT 7609 UNIVERSITY AVENUE N. E.: MOTION by Councilman Breider to approve the final plat by Standard Oil Company. Seconded by Councilman Utter. Upon a voice vote, all voting � aye, Mayor Liebl declared the motion carried unanimously. DISCUSSION ON AGREEMENT FOR LEGAL SERVICES FOR 1973: AND RESOLUTION #27-1973 - AUTHORIZING THE CHANGING OF BUDGET APPROPRIATIONS WITHIN THE GENERAL FUND (LEGAL): Mayor Liebl called on Councilman Breider to present his views on the agreement. Councilman Breider said it was a suitable agreement as far as he was concerned. MOTION by Councilman Breider to adopt the agreement as it was presented by the Administration. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the mo�.ion Carried unanimously. Mayor Liebl said he believed the agreement spells out the conditions of the retainer and additional charges. He asked the Ca.ty Manager if both o£ the firms had concurred in the agreement? The City Manager said they did. Councilman Starwalt said the change of fees led hun to believe the retainer had been increased and there are no additional charges until 30 hours of service had been completed. He asked if this would be a saving £or the City� Mayor Liebl said he hoped it would be. He said 30 hours had to be worked by the attorneys for $1,000.OD. He added, a good attorney is manditory � for the City. The City Manager said the actual cost o£ legal services depends on how much the City would need the attorney. He said this could be mare or it could be less. F3e said this agreement would pin clown something that had not been pinned down before. He added, after the attorneys have reaahed 3D hours, � � � � A� . REGULAR COUNCIL MEETING OF FEBRUARY 26� 1973 he would be notified and he could keep a reign on the cost. PAGE 17 UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Nee to adopt Resolution #27-1973 authorizing the changing o£ Budget appropriations within the General Fund (Legal). Seconded by Councilman Breider. Upon a voice vote all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF PEBRUARY 13, 1973: AND RECEIVING THE MINUTES OF THE BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE MEETING OF FEBRUARY 22. 1973: A REQUEST FOR VARIANCES OF: SECTION 45.134, 4C, FRIDLEY CITY CODE, TO REDUCE THE REAR YARD SETBACK FROM 25 FEET TO 5 FEET, SECTION 45.134� 4, B2. TO REDUCE THE SIDE YARD REQUIREMEN^1S FROM 35 FEET TO 30 FEET� AND, SECTION 45.135� l, E2, TO REDUCE THE OFF STREET P'RKING SETBACK FROM 20 FEET TO 8 FEET ON BEECH STREET AND FROM 2D PEET TO 5 FEET ON 77TI3 WAY, TO ALLOW THE CONSTRUCTION OF AN OFFICE WAREHOUSE TO BE LOCATED ON LOTS 27,28 AND 29, BLOCK 7, ONAWAY ADDITION� TIIE SAME BEING 7701 BEECH STREET �UE5T BY D. W_ FIAR5TAD COMPANY, 7101 HIGHWAY ,�65 N. E., FRIDLEY. MINNE50TA. The City Engineer said the request was submitted for four variances and one was withdrawn. He added, the Boasd of Appeals had recommended approval of the request. MOTION by Councilman Breider to concur with the Board of Appeals. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Councilman Utter asked the Crty Engineer if there was a need for the variances from twenty to eight feet? The City Engineer said he was going to put in additional parking, but there is no need for it. Mr. Dick Johnson said he Was present to answer any questions the Council may have �n the variances. He said he would not be available next week so he wished any questions could be answered at the present time. MOTIpN by Councilman Utter to concur with L-he Building Standards Design Control Subcommittee meeting of February 22, 1973, with the following stipulations: 1. That the applicant work wrth the City Sta£f to determine means of blacktopping the section of alley used for access of the parking area. 2 3 Submit landscape p],an to the City £or approval Provide enough slope for drainage so water won't collect against building in loading dock area. -4 Ip/ l � Lrl ` )' REGULAR COUNCIL MEETING OF FEBRUARY 26� 1973 PAGE 18 4. Dumpster for trash storage will be kept inside building, but if dumpster is moved outside, then proper screening will be provided. 5. Security lighting is provided for the building and parking area. SECONDED by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION b,r Councilman Breider to receive the minutes of the Building Standards-Design Control Subcommittee Meeting of February 22, 1973. Seconded by Councilman Utter. Upon a voice vote all voting aye, Mayor Liebl declared the motion carried uanimously. � A REQUEST FOR A VARIANCE OF SECTION 45.153� 2� FRIDLEY CITY CODE, TO REDUCE THE MEAN FRONT YARD SETBACK FROM 69 FEET TO 60 FEET TO ALLOW THE CONSTRUCTION OF A DWELLING ON LOT 3� BLOCK 3, AL ROSE ADDSTION� THE SAME BEING 6230 RIVERVIEW TERRACE N. E.� FRIDLEY� MINNESOTA. (REQUEST BY ROBERT DEGARDNER� 7950 EAST RIV�R ROAD N. E., FRIDLEY, MINNESOTA.): MOTION by Councilman Nee to concur with the Board of Appeals and approve the request Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Utter to receive the minute5 of the Board of Appeals Subcommittee Meeting of February 13, 1973. Seconded by Councilman Breider Upon a voice vote, all voting aye, Mayor Liebl declared the motion caxried unanunously. RECEIVING THE AIINUTES OF THE NORTHTOWN CENTER TASK FORCE MEETING OF JANUARY 25, 1973• MOTION by Councilman Utter to receive the minutes of the Northtown Center Task Force Meeting of Sanuary 25, 1973. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE NORTHTOWN CENTER `PASK FORCE MEETING OF 1, 1973: MOTION by Councilman Utter to receive the minutes of the NorthtoWn Center Task Force Meeting of February 1, 1973. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayoz Liebl declared the motion carried unanimously. REVIEW OF PLANS FOR REMODELING THE EMERGENCY OPERATING CENTER AND POLICE DEPARTMENT: MOTION by Councilman Breider to approve the plans. Seconded by Councilman Starwalt. Councilman Starwalt said he did not want to dwell on the matter, but he did believe this was the type of expenditure that should be care£ully watched. Councilman Utter agreed stressing the fact that the pro�ect called £or an additional expenditure of $6,000.00 over the amount budgeted. The City Manager said the purpose of the item being presented to the Council was to show the members the plans and determine if they had any suggested changes in the plans. � � REGULAR COUNCIL MEETING OF FEBRUARY 26� 1973 PAGE 19 � Councilman Utter asked if there were any suggested additional development in the police Department. She City Manager said the planned work had been budgeted the previous year. Mayor Liebl said he did not believe there was a cent being spent at the present time. The City Manager said at the present time, the administration wanted the Council to see the plans and be sure that this is the type of plan that they wanted. He said he did not want the Council members to walk by the Police Department and wonder what has happened. � � Mayor Liebl asked Mr. James Hill, Public Safety Director, and Mr. Bob Hughes, Fire Department Chief, if they were in favor o£ the proposed plans. They said they were. Mr. Hughes said that there were no problems and they had been working together. Ae added, the development planned lent itself to the work to be done in the Police Department. He said the cost had been reduced by getting the Federal Government involved. Mayor Liebl said the City had saved money by doing the project in this manner. The Fire Chief said he had talked with representatives of the Federal Government late that afternoon and they were in complete accord with the plans at that time. He said if the Council was to approve the plans, he saw no reason why the plans could not be put into effect at the present time Councilman Breider said he believed Fridley had the best Police and Fire Departments, and if this is what it takes to do the 7ob, he was in favor of it . Councilman Utter said he knew there had been money alloted for the proposed plan, but at the time, there was $6,000.00 alloted for Civil Defense. He added, now it comes out that the Federal Government is giving the City $6,000.00 and the City is spending $12,000.00. Mr. Hughes said they had taken the Police modifications and nut them in and this was the reason for the discrepancy in the original figure. He mentioned the requirement by the Federal Government to put in an L. P. tank for the generator. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. APPROVAL OF FIRE DEPARTMENT ELECTION OF MOTION by Eounoilman Utter to concur with Robert Hughes, Fire Chief, in approval of the officers. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING INFORMFiTION ON FLOOD PLAIN ZONING: MOTION by Councilman Starwalt to receive the information. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. The City Engineer said the Ordinance would be drawn up. Mayor Liebl advised the City Engineer to proceed and apply the plan to enable the people in the area to obtain the flood insurance. �� ° ,_ _ - �,� z.��, REGULAR COUNCIL MEETING OF FEBRUARY 26, 1973 PAG� 20 RECEIVING STATUS REPORT REGARDING MISSISSIPPI R11VER BANK PROTECTION ALONG RIVERVIEW TERRACE IN RIVERVIEW HEIGHTS: MOTION by Councilman Nee to receive the report. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING INFDRMATION REGARDING THE THIRD FORUM FOR NORTHTOWN STUDY: MOTION by Councilman StarWalt to receive the information. SeCOnded by Councilman Breider. Upon a voice vote, all votYng aye, Mayor Liebl declared the motion carried unanimously. Councilman Utter and Councilman Nee indicated they would be in attendance at the meeting. REPORT ON LOCKE LAKE BY CITY ATTORNEY: MOTION by Councilman Utter to receive the report. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. A member of the Locke Lake Association said he would take the report to the Association as they had a meeting scheduled. Councilman Nee said they should consider aciditional information on the Water Shed District. Acting City Attorney, James Gibbs, said the City Attorney would be available to discuss the information on the 19th of March. Councilman Utter asked if the County Commissioners would cooperate in the program. Mr. Gibbs said he would advise Mr. Herrick to be ready for the presentation o£ the 19th. CONSIDERATION OE FIRST PHASE OF 1973 STREET LIGHTING PROGRAIK: Mayor Liebl said Mrs. Nawrocki, Columhis Height5, had been in contact with him anc'. requested Fridley consider a street light on the Fridley side of Taylor Street. MOTION by Councilman Nee to concur olith the proposed lighting progr3Rl submitted by the City Engineer. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Lieb1 declared the motion carried unanunously . RESOLUTION #28-1973 - ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: SS&SW #112: MOTION by Councilman Utter to adopt Resolution #28-1973. Seconden by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl dealared the motion carried unanimously. R�SOLUTION #29-1973 - IMPOSING LOAD LIMITS ON PUBLIC 5TREETS AND HIGHWAYS IN THE CITY OP FRIDLEY MOTION by Councilman Breider to adopt the Re5olution #29-1973. Seconded by Councilman Utter. Upon a voiae vote, a1Z voting aye, Mayor Liebl declared the mota.on carried unanimously. � 1 � � � REGIILAR CDUNCIL MEETING OF PEBRUARY 26� 1973 PAGE 21 RESOLUTION #30-1973 - AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSNIENT5 ON LOT l� BLOCK 2� PARCEL 480, MOORE LAKE HIGHLANDS ADDITION: MOTION by Councilman Breider to adopt the Res�lution �30-1973. Seconded by Councilman Utter Upon a voice vote, all voting aye, Mayor Liebl ueclared the motion aarried unan�mously. RESOLUTION #31-1973 - AUTHORIZING AND DIRECTING THE COMBINATION OF SPECIAL ASSES5MENTS ON LOT l� AND LOT 2, BLOCK l� MARXEN TERRACE ADDITION: MOTION by Councilman Breider to adopt Resolution #31-1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unaMimously. , RESOLUTION #32-1973 - AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENT5 ON PARCEL 1060, AUDITDR'S SUBDSVISION NO. 22, AND REPLATTING INTO SILVER OAK5 ESTATES: MOTION by Councilman Breider to adopt Resolution #32-1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. NAMING ADDSTIONAL MEMBER5 TO ISLANDS OF PEACE COMMITTEE: MOTION by Councilman Utter to approve the recommended new members as follows: Wayne Pettis, Fridley American Legion Dona Cebula, Fridley American Auxillary Ruth 5tark, Fridley VFW Auxillary, Post 363 Brian Igbalson, Instructor of Natural Resource Management, Fridley Senior High School and to appoint Caroll Ku;,owskl. as 5ecretary to the Committee. Seconded by Councilman Breider. Upon a voice vote, a11 voting aye, Mayor Liebl declaxed the motion carxied unanimously. RECEIVING FOR ADVISORY BOARD FOR ISLAND OF PEACE COMMITTEE: Mayor Liebl said the list of 14 xecommendations £rom Mr. Ed Wilmes, Islands of Peace Committee Originator, Were £rom various backgrounds. Councilman Starwalt asked if the Council's action should be to receive the recommendations or approve them. Mayor Liebl said he believed they should appoint the people if they had expressed a desire to donate their time and energy to the pro�ect. Mayor Liebl read the list of recommended members as follows: � Eugene Daly Chief Attorney Veterans Administration Everett Dodge Pxincipal Dowling School for Crippled Cha.ldren � � � � � � �i�4� REGULAR COUNCIL MEETING OF FEBRUARY 26� 1973 Fredrick S. Dresser Eoster W. Dunwiddie William Gregg Richard Jacobson Frank Johnson Robert J. Kowalczyk Dave Krueger Dr. Joseph D. Moriarty Leon Olson Royer Schmaus William Schoenbohm Dr, Bror S. Troedsson PAGE 22 Vice President Midwest Federal Savings and Loan Association Architect, Vice President Architects of Barriers for the Handicapped Administrator Veterans Home, State of Minnesota Vice President Frzdley State Bank Executive Director Minneapolis 5ociety for the Blind Director Fraser School £or the Mentally Handicapped Chie£, Recreation and Rehabilitation Veterans Hospital Mercy Hospital Anoka Executive Director Ri5e, Inc., Training Handicapped Adults and Employmen�. of Principal Robert Louis Stevenson Elementary School Executive Director Minneapolis Society of Crippled Children and Adults Chief, Physical Medicine Veterans Hospital MOTION by Councilman Starwalt to officially recognize the list of .recommended individuals as the Advisory Board of the Islands of Peace Committee. Seconded by Councilman Nee. Mr. Richard Harris, 620D Riverview Terrace, asked if there should be a member of the Advisory Board appointed that is an adjacent property owner. He asked if all those on the Advisory Board were from outside of Fridley. He added, the only person involved who lived in the neighborhood is Mr. Ed Wilmes. Mayar Liebl said if there are any persons in the area who wish to become members of the Committee, they should attend the meetings and make their intentions known. Mr. Harris stressed the need to involve the adjacent property otaner s . UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. Councilman Nee expressed concern over the plan for the Navy Seabees coming into the area to do work. He said the plans have not yet been meshed with � � � r��� ;� REGULAR COUNCIL MEETING OF FEBRUARY 26� 1973 PAGE 23 ' the City staff. He said i£ these people do come in expecting to work, the Council could not say yes or no. He asked the other members o£ the Council if he was right. Mayor Liebl said he believed Mr. Wilmes intended to work out a method of funding the pro�ect and then work out the details of the plan. Council- man Nee said if he plans to construct a road by March l, 1973, there should be some plan for the road. The City Manager said he was also concerned as the City did not know what was going on. He said he had asked him not to do anything until the plan had been approved by the Counca.l. He said they were trying to cooperate with Mr. Wilmes. He added, the staff still does not know what is going on. Councilman Nee said he had tried to obtain inPormation from Mr. Wilmes as to what was going on. The City Manager said how much of the plan is Mr. Wilmes' idea and how much are the Committee's? The Crty Manager said i£ the prospective contributors are to support the project, there should be some plan and the Council should support the project. The City Attorney said the staff should send a letter to each of the Committee members instructing them that the terrain can not be changed without approval of the Engineering Department. Councilman Nee said he is very sympathetic with Mr. Wilmes, he is trying to raise a quarter of a million dollars and he does not have money for postage. F3e added, now the new idea is to purchase two more lots for parking. Councilman Nee said � what bothered him was that someone may be coming into the area with bulldozer. Councilman �ee saa.d he believed the City should offer Mr. Wilmes some postage money. The Mayor said 5,000 copies of the letter concerning the Islands of Peace Pro7ect are to be donated and Mr. Dunwiddie has donated his time to give the presentation for the pro�ect. The Mayor also said there is public access to the park land at the present time and there would be no problem getting into it. Mayor Liebl said he did not believe it would inter£ere with the people in the neighborhood. Mayor Lieb1 asked Councilman Nee if Mr. Wilmes informed him of what was happening on t.he pro7ect? Councilman Nee said Mr. Wilmes is in contact with him every day to inform him of the details. Mayor Liebl said there had not been any approval of the trails, walkways and buildings at the present time. Councilman Starwalt said there should be some plans, but no one has seen them. He added, the pro�ect must be put before the Planning Commission. Councilman Nee said all present knew this, but he was not certain if Mr. Wilmes was aware of this faat. The Crty Manager said he had told Mr. Wilmes in a letter that he has to come to the Council, he should be aware of this. � Mr. Harris said he believed the island should be inspected for hazards. He said the yeung people do go out on the island and have parties. Mr. Harris saad there should be some sort of maintenanae and the Fire Marshal should inspect it for hazards. The Mayor directed the Fire i�iarshal to inspect the island. � ��s � REGULAR COUNCIL MEETING OF FEBRUARY 26� 1973 PAGE 24 CLAIMS: GENERAL 31082 - 31247 � LIQUOR 7496 - 7562 MOTION by Councilman Nee to approve the claims. Seconded by Councilman Breider. IIpon a voice vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously. LICENSES: GAS SERVICES APPROVED BY Abel He3ting Inc. 266 Water Street Excelsior Minnesota By: Raymond Olson W. Sandin GENERAL CONTRACTOR Bar-Ett Construction Co. 3005 Ottawa Ave. S. Minneapolis, Minnesota By: Steven 5chachtman C. Belisle Lee-Do Construction Co. 7837 Madison St. N. E. � Minneapolis, Minnesota By: Douglas Kiel C. Belisle James Lund Construction Inc. 7709 Woodlawn Drive N. E. Minneapolis, Minnesota By: Patricia Lund C. Belisle O'Meara & Cave Builders 167 Windsor Court New Brighton, Minnesota By: Samuel Cave C. Beli5le Springfield Homes 3713 Foss Road Minneapolis, Minnesota By: Lee Kupcho C. Belisle HEATING Abel Plumbing Co., Inc. 266 Water St. Excelsior, Minnesota By: Raymond Olson W. Sandin Northtown Plumbing Co., Inc. Route #1, Box 101 Elk River, Minnesota By: Thomas Veit W. Sandin Boulevard Sheet Metal & Heating Inc. ' 11409 County Road #3 Minneapolis, Minnesota By Alfred S. 5teiner W. Sandin Fleming Sheet Metal Company 775 Colorado Ave. S. Minneapolis, Minnesota Sy: Robert J. Fleming W. Sandin � � REGULAR COIINCIL NIEETING OF FEBRUARY 26, 1973 PAGE 25 MOTION by Councilman Nee to approve the licenses. Seconded by Councilman Breider. IIpon a voice vote, all voting aye� Mayor Liebl declared the motion carried unanimously. APPROVAL OF I-IOUSE TRAILER LICENSE APPLICATION FOR MRS. HYRD NORTON 1667 73Rn AVENUE N. E.: MOTION by Councilman Breider to approve the renewal of the house tra.11er license. Seconded by Councilman Starwalt. Upon a voice vote, all votincr aye, Mayor Liebl declared the motion carried unanimously. ESTIMATES: Comstock & Davis, Inc. Consulting Engineers 1446 County Road J Minneapolis, Minnesota 55432 FINAL ESTIMATE #1 £or the furnishing of professional engineering service for Sanitary 5ewer, Watermain and Storm Sewer Improvement Pro�ect #106. Keyway Builders, Inc. 12SOSB Highway 55 Plymouth, Minnesota 55441 PARTIAL ESTIMATE #2 for Fridley Liguor Store from December l, 1972 to Sanuary 1, 1973 Lee Electric Company 3775 Highway 52 Robbinsdale, Minnesota 55422 PARTIAL ESTIMATE #2 for Fridley Liquor Store from December 27, 1972 to January 30, 1973 Weaver, Talle & Herrick 316 East Main Street Anoka, Minnesota 55303 .7anuary Retainer and for services rendered Nodland Associates, Inc. Alexandria Minnesota 56308 PARTIAL ESTIMATE #11 for the construction of Sanitary Sewer, Storm Sewer and Watermain Improvement Pro7ect #102 � Comstock & Davis, Inc. 1446 County Road S Minneapol�s, Minnesota 55432 PARTIAL ESTIMATE #13 for construction work �n Sanitary Sewer, Storm Sewer & Water Improv�nent Pro�ect #102 from Sanuary 2 through Sanuary 26, 1973 $ 4,907.93 15,737.94 1,530.00 1,719.80 33,887 12 2,658.52 E " � ➢ � � ;t a J 1 REGULAR COUNCIL MEETING OF s^EBRUARY 26� 1973 PAGE 26 MOTION by Councilman Nee to approve the estimates. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declard the motion carried unanimously. APPOINTMENT FOR CITY COUNCIL CONSENT AND APPROVAL: NAMF POSITION SALARY EFFECTIVE DATE REPLACES Peggy Holsather Billing Machine $446 per February 13, Paula Long 1401 98th Lane N. W. Operator {Finance month 1973 Coon Rapids, Minnesota Department) MOTION by Councilman Utter to approve the new employee and concur with the recommendation of the City Manager. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. COMMUNICATIONS: WPMAIQ SMITFI: SUPREME COUtZT APPEAL, CSTY OF FRIDLEY VS. SPRING LAKE PARK: MOTION by Councilman Nee to receive the communcation from Wyman Smith dated February 21, 1973. Seconded by Councilman Bxeider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. REPRESENTATIVE JOE CONNORS: HOUSE FILE #9 (MIPIIMUM WAGE): MOTI6N by Councilman Utter to receive the communication from Joe Connors dated February 19, 1973. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. DEPARTMENT OF MILITARY AFFAIRS: NATIONAL GUARD FACILITY: MOTION by Councilman Starwalt to receive the letter from the Department of Military Affairs, W. H. Cheeseman, Deputy Adjutant General dated February 22, 1973. Seconded by Councilman Breider. Upon a voice �rote, all voting aye, Mayor Liebl declared the motion carried unan.lmously. MINNEAPOLIS CENTRAL LABOR UNION COUNCIL. FSRE FIGHTERS RESOLUTION: MOTION by Councilman Iltter to receive the communication from the Minneapolis Central Labor Union Council, VirgYl D. Moline, President, dated February 22, 1973. Seconded by Councilman Starwalt. Upon a voice vote, all vota.ng aye, Mayor Liebl declared the motion carried unanimously, REQUEST FROM BERNARD ROTTER, CASTLE MOBILE HOMES� TO REZONE BOURDEAUX`5 SPRING PARK ADDITION: Mr. Rotter addressed the Council reguesting the northern portion of the property be rezoned to R-1 at this time. Ae asked that the southern portion not be rezoned until the final plan is developed. The City Engineer said the plans for this property have been being developed for the past five years. He added, this Was formerly the Dumphy property. xe saad the present zoning is PD, which ranges from commercial to residential. He said the engineering department feels he should develop the entire area as R-1 so there will be no p,roblem of inter-mixing in the future. He sazd aZl of the utilitaes aYe 1n. ' � � �i � F REGULAR COUNCIL MEETING OF FEBRUARY 26, 1973 PAGE 27 � The City Engineer said the Council can approve the single family residential development as it is all platted in the orginal plan and would be a good buffer 2one. Mayor Liebl asked if the plan was ever platted and registered? The City Attorney said the existing plat and zoning are PD and have to be changed to R-1. The City Engineer suggested modifying the PD zoning and changing the entire area to R-1, completely residential and no commercial. MOTION by Councilman Nee to approve Bourdeaux's Spring Park Addition lots in the PD district to revert back to the original plan of R-1 and stipulate that none o£ the land will be commercial and that the Council authorize building permits be issued. Seconded by Councilman Breider. Upon a roll call vote, Breider, Starwalt Liebl, Utter and Nee voting aye, Mayor Liebl declared the motion carried unanimously. QUESTION BY COUNCILMAN NEE TO INCREASE SPEEUING PINES ON EAST RIVER ROAD: Councilman Nee asked if there was a po5sibility of doubling or tripling the traffic violation fines for those violators on the East River Road. He said he would like to know what effect this may have and whether it may take the City three times the amount to process these voilations under � the above conditions. The City Attorney said there are four �udges and the tickets for certain violations have a set amount in a schedule that is used by the four Judges. He listed the various examples as: a misdeamnor is 0- 90 days with a fine of 0 to $300, at the discretion of the court, 0- 10 miles over the speed limit is usually $15, wrth the second violation being double, etc. He said the fines are uniform throughout the County. Councilman DTee asked if the City can afford to have the police officers testify for this amount? The City Attorney said the aourt showed a pro£it of $16,000.00 after the payro,71 of the police officers was paid and the rental of the court room was paid. Councilman Nee asked if there were any other ideas that may help slow down the traffic on East River Road? The City Attorney said 30% of ihe traffic tickets written in Fridley are for violations on the East River Road. He added,many of these are for school bus violations. The City Manager asked if the members of the Council were willing to attend an idea session at 6:30 the next Monday even;ng prior to the Council meeting to discuss the problems on the East River Road? I3e said he had asked Mr. Jun Hill, Public Safety Director to prepare a report on the situation and he added, it goes beyond being an en£orcement problem. � The City Attorney said the Police Department was unable to use radar on the Road as there was no place to put the car ox to pull the cars over to the side, they would have to stop the violators in the lane of traffic. He used an example of the use of radar on Mississippi Street as comparatively sa£e. He said there the Police Officer is able to get out o£ the car and wave the violator down. He said the speed limit on the roadway varies in three di££erent locations. He said the citizens have a right to know what is going on. The City Attorney said he beLieved the speed limit should I 1 •�� REGULAR COUNCIL MEEI'ING OF FEBRIIARY 26, 1973 PAGE 28 be 30 miles per hour over the entire stretch oP roadway. The City � Engineer said they had tried to insti�.ute this sort of plan. The City Manager asked if the Council would attend the study session. Councilman Nee said he would be able to attend. COUNCILMAN STARWALT QUESTIONED THE NUMBER OF FALSE FIRE ALARMS FROM COMMERCIAL E5TABLISHMENTS: Councilman Starwalt asked the reason for the ntu'nUer of false alarms from the commercial establishments in the area. Councilman Utter said there had been four listed in the report. Councilman Starwalt asked how these alarms are turned in? Councilman Utter saYd there is o£ten water in the lines. If there is water in the Bell Telephone Company lines, this will happen. The Crty Manager said the administration would look into the problem. ADJOURNMENT; MOTION by Councilman Utter to ad7ourn the meeting. Seconded by Councilman Starwalt. Upon a voice vote, al1 voting aye, Mayor Liebl declared the Regular Council Meeting of February 26, 1973, ad�ourned at 12:15 a.m. Respect.fully Submitt � ' ��,�� ��' ��e • �G Patricia Ellis Frank G. Lieb y M or Secretary to the City Council �