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03/19/1973 - 00016714� n h ! � `r THE MINUTES DF TNE REGULAR COUNCIL MEETING OF MARCH 19, 1973 The regular meetiny of the Fridley City Council was called to order at 7;30 , p m, March 19, 1973, �y Mayor Liebl. PLEDGE OF ALLEGIANCE Mayor Liebl led ihe Council and the audience in saying the Pledge of Allegiance to the Flag. INVOCATION. Mayor U eblsaid there would be two minutes of silence for individual prayer for the purpose of thanking God for the return of the Prisoners of War. ROLL CALL: MEMBERS PRESENT. Utter, Nee, Breider, Starwalt, Liebl MEMBERS ABSENT. None PRESENTATION OF AWARD WRESTLING TEAM AND COACHES FOR Mayor Liebl presented the trophy and expressed pride in the wrestling team on � behalf of the citrzens and the Council The representatives of the team thanked the Mayor and other members of the Council. APPROVI�L OF MINUTES• PUBLIC HEARING MEETING OF FEBRUARY 12, 1973: MOTION by Counu lman Starwalt to adopt the minutes of the Public Hearing Meeting of February 12, 1973• Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. A�OPTION OF AGENDA: Mayor Liebl said the follawing items wouid be added to the agenda; Changing "receiving bids for liquor store sign" to "receiving bids for liquor store fixtures", item num6er 16 on the agenda. Receiving Petition for repaving and installation of curbing for Starlite Boulevard from 61st to Syivan Lane N,E. Receiving a communication from Malcom Watson, City Manager, Columbia Heights, Receiving a communication from Fridley Pulice Pension Associatron. Receiving a communication from Wyman Smith, District Court File 28615-4561 ' � REGULAR COUNCIL MEETING OF MARCH 19, 1973 Page 2 Councilman Nee said he would like to add the reconsideration of Mr Bob Barnett to the ad hoc North Park Committee to the agenda MOTION by Councilman man Breider, Upon a carried unanimously. VISITORS: Nee to adopt the agenda as amended. Seconded by Council- voice vote, all voting aye, Mayor Liebl declared the motion INTRO�UCTION OF NEW POLICE OFFICERS BY THE ASSISTANT CITY MANAGER/PUBLIC SAFETY DIRECTOR. Mr. James Hill, Public Safety Director introduced Mr, Charles Hanson, and said Mr. Hanson had two years experience as deputy sheriff with Anoka County and is 26 years of age, married and lives in Anoka Mr. Hill introduced Mr Gary W Lanzmeier, age 27, and Mr. Phillip J. Salewski, age 26 Mr. Hill said one of the other new men would be starting on the 26th of March, Mayor Liebl welcomed the new men to Fridley, MRS. SHARON BAKKE, 652 MDNROE ST., SECRETARY FOR NATURE CENTER BOOSTER COMMITTEE. Mrs. Bakke introduced herself and announced an upcoming meeting of the Nature Center Booster Coinmittee on March 22, lg]3, 8,00 p.m., at St. Williams Church, and asked the members of the Council and StaFf to attend the meeting. She � said there would be a film produced by the Audubon Society, shown at the meeting PUBLIC HEARINGS: � IG :��i�PYi7: : � : : : � MOTION by Councilman Breider to waive the reading of the Public Hearing Notice Seconded by Councilman Starwlat. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimousiy, and the Public Nearing opened The City Engineer called the Council's attention to page 1-A oi the agenda and said the request is to reverse the plan, The C rty Engineer said Mr. DeGardner was present to discuss the matter. The City Engineer said there was a problem with the requested plan as the building does not fit the lot and either the house or the gargage would have to be cut by one fnot for the required amount of side yard set back. Councilman Breider asked if the plan submitted to the Council in the agenda was the new plan? The City Engineer said, no, this was the old plan. The City Engineer said there is a minimum set back of five feet for the south side or garage side. He added, on this side the plans will have to allow for a six foot set back, because of the existing six foot easement, or an addit�ional set 6ack of one foot. The City Engineer asked who is the property owner on the north side? Mr. DeGardner said, Mr. Al Johnson. The City Engineer said there were two alternatives, one, approve the plans stipulating the house be cut down by one foot, or two, obtain approval from the property owner on the north side and proceed with the reversing plan. Mr DeGardner said the property on the north side is vacant. Mayor Liebl asked if Mr. Johnson would ob�ect to the variance� Mr. D°Gardner said no, he was sure Mr Johnson would not ob�ect. A 4 � '��� REGULAR COUNCIL MEETING OF MARCH 19, 1973 PAGE 3 Mr. Richard Harris, 6200 Riverview Terrace, said he would like to see the south � elevation of the house. Mr DeGardner said the elevation was a little higher than on the previous plan. He said the people he was building the home for, had visualized the home anyled back He added, o-aith the change in plans, it will ena5le the home ow�,�er to have a 6etter view of the river. Councilman N�� said he wuuld recominend the second alternative of approving the variance, contingent on receiving a letter of agreement from the ad�acent property owner. The City Engineer said the requa,t was a simple request to flop the house plans over, and he recommended the Council approve the request. MOTION by Councilman Nee to close the Public Hearing. Seconded by Councilman 3reider. Upon a voice vote, all voting aye, Mayor Liebl declarzd the motion carried unanimously and the Public �earing closed at 7:52 p.m. MOTION by Councilman Nee to grant the variance for a side yard set back on the north side from te� to nine feet, contingent upon receipt of a letter of approval from the ad�acent property owner on the north side, Mr. Al Johnson, and to approve the request to raverse the house plan. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. DLD BUSINESS: DISCUSSION DN ACQUISITION OF PROPERTY IN CONNECTION WITH ISLANDS OF PEACE PROJECT Mayor Lie61 said the Council had received a copy of a meinorandum prepared by the City Attorney on the matter and called on the City Attorney to express his views. The City Attorney said he would like to make a correction on the last para- graph of the memorandum r_hanging "purchase agreement" to "option". The City Attorney said he had 6een contacted by Mr. Ed Wilmes wno stated he and Mr. Minder, the property owner, had nad some discussion on acquiring the property which is ad�acent to Chase Island for the Is�lands of Peace Pro�ect. He said they had discussed price and terms of a possible agreement The City Attorney said the Fridley Lions Club had contributed $2,000.00 to the pro�ect as option money for the two sites. The City Attorney explained that the Islands of Peace fund is under tne �urisdiction of the Council and the Committee is an ad hoc committee with appointments by the Council. He said in order to approve entering into this option agreement, ;t would have to be done through the C rty to obtain proper title. The City Attorney said the Committee had indicated they wanted to enter into the option agreement with Mr Minder He added, the $2,00�.00 would be used as option money. He said if the option is ex�rcised the option money would be applied to the price of the land. He said if the option is not exercised, the money would Se forfeited. The City Attorney sa,d an additional $13,000.00 would have to be paid to Mr. Minder at tne time the option is exercised or at Lhe time of closrng � � � `F d REGULAR COUNCIL MEETING OF MARCH 19, 1973 PAGE 4 � The City Attorney said Mr. Minder was preseiiL at the meeting Mr. Wilmes said he believed the approval of the request eva, imporLant to the Committee and also the entire area. He called on Mr. Foster Dunwiddie, Miller- Dunwiddie, Architects, Inc., to present the matter for the Islan�s of Peace Comm rttee. He said, Mr. Richard 0 Jac,obson, Islan�s of Peace Advisory Board memuer rrom the Fridley Stat� l3a�k,was als� presenL- Mr. Dunwiddie addressed the Council and A�dience a�id placed a inap of the arza on the easel Mr. Du��widdie said wtiat they werz discussing ihat evzni�g ��aas the acqw sition of two lots or a four acre ±ract. Ne said che land a�quisi- tion had been discusse.� at the February 5> 1973, meeting of the Council ;�e said the land would be used fur cne construc�ion of shelters and be u,ed for a receptiun area for the pro�ect. He addeJ, tn� proolem or the i;land beiny within the flood plain zoning area sub�ects it to some inundation. He added. cnere „�ould be soine saving in cost to tne pro�ect by the acquisition of tne lots and also, the sewer and watar are ��ithin close proximit� Mr. Dunwiddie said he would like the Council to approve ihe Committee's request to enter into an option agreement at this time. Mr. Dunwiddie stressed the importance of approving the request at the present meeting saying the Committee would only have 60 days to assem6le the balance of the down payment. Mr Dunwiddie listed many foundations and corporations that inay be willing to contribute to the balance. � Mayor Liebl asked Mr. punwiddie if the two lots were essential to the pro�ect in his opinion, and Mr. �unwiddie said they were vital because they would save on the cost of the pro�ect and add to the entire plan. Councilman Breider questioned if 60 days would be an adequate amount of time to raise the remainder of the money� Mayor Liebl said he thought there should be more time allowed, Mr. Dunwiddie said the Committee would also like more time, but Mr. Minder has a purchaser for the lots The City Attorney agreed, this was what Mr. Minder had said, to the best of his knowledge. Mayor Liebl asked Mr. Minder if this was the case, and he said it was, The City Manager said he was concerned if whether the Lions Club was fully aware that the money would be forfeited if the balance is not raised, Mr Dunwiddie said the Lions Club was award of this. The City Attorney said the City can not enter into a contract for deed. He said, in case of default, the seller would have to take the property back Mr. Minder did not agree and stated, he had the same privilege of foreclosure. The City Attorney said, Mr. Minder could not sue for the balance. Mr. Minder said he did not want to get into Lrou6le at any time He =_aid he did not wish to be put into the position where someone would ask "why didn't you give the money back to the Lions Clu6?" He said he had a purchaser for the property and he had given him an option He said if he waited one more year there would be $2,ODO.DO in taxes and spe u al assessments on the property He satd he did not want to think he had taken money f-rom the Lions Club He � said if the option was not exercised he did not want anyone preseni or anyone from the Lions Club to have hard feelings. y �� REGULAR COUNCIL MEETING DF MARCH 19, 1973 PAGE 5 Mr Dunwiddie asked if Mr. Minder would consider extending the time period � for the payment of the balance of the down payment7 Mr. Minder said there is a penalty period for paying taxes on the property He added, if it is not sold soon, he would be unable to sell it at all this year. He said he had already delayed the sale to enable the City to enter into an option agreement, and he felt 60 days was an ample amount of time. Councilman Nee said he thought this was a good proposal and he asked the City Attorney if the City could buy the property w rthout an appraisal7 The City Attorney said Mr Minder had set the amount, and if the Council would proceed, they would be buying the property without an appraisal. He added, it is normal to have an appraisal. The City Attorney said the City Manager had also ques- tioned him on this point. He said the property is zoned for 72 apartment units and it is on the river He mentioned the ad�acent property saying it had been purchased by Hirsch Brothers four to five years ago and they had paid that much for the property He said the pieces of property are similar with the ex- ception ihat the developed property has open exposure and the proposed property is close to Chase Island. The City Attorney said this would be a fair price if the land was to be sold to a contractor who would intend to build apartments on it. He added, it has to be looked at for its highest and best use, and that is apartments he said. The City Attorney continued saying the City enter into an option and have the property appraised before this option is entered into. He added, if the appraisal was done after the option is entered into, it would not let the City out of the option. He suggested an appraisal before entering rnto the agreement to provide more material for cansideration. MOTION by Councilman Nee to author rz e the City Attorney to prepare an option � agreement and authorize the Mayor and City Manager to sign the agreement. Upon a roll call vote, Nee, Breider, Starwalt, Liebl, and Utter voting aye, Mayor Liebl declared the motion carried unanimously. Mr Wilmes said he would personally like to thank Mr Minder for his time as he had received other offers. Mayor Liebl said ihe Council is whole heartedly 6ehind the pro�ect, but it would be up to the Committee to obtain the necessary funds for the option. DING OF AN ORDINANCE FOR REZONING REDUEST ZOA �72-11 AND A SPECIAL USE PERMIT SP !/72-18 CONTINUE SERVICE STATION The City Engineer said the matter before the Council was thw rezoning of the property presently being used by Union Oil from C-1S to C-2 He said if the first reading is adopted at the present meeting, he would suggest a traffic plan of the entire area be completed before the adoption of the second reading. � He said the purpose of this action would be to inform Union Oil of the plan and their obligations. He said this sh�uld be a long ra�ge plan taking the City, the Dil Company and the ad�oin rng property owners into consideration and working for one goal. I r REGULAR COUNCII MEETING DF MARCH 19, 1973 PAGE 6 � Mayor Liebl asked if the rezoning were approved, would the City have problems in the future solving the prablem of the intersection traffic7 The City Engineer said he favored working with the Oil Company to complete the plans before the rezoning was approved because this would give the City a negot�a- ting position. He said onee the rezoning is passed and there are building permits issued, tne City's position would not be as good as it is at ihe present time. He added, adopting the first reading would not create too mucF of a problem. He explained, it would have to go to a second reading and be published. Mayor Liebl asked the City Engineer if he felt a plan of the area should be worked out before the second reading of the ordinance, The City Engineer said yes Mr. Edward Fitzpatrick, Planning Commission, said he would like to clarify a point. He said in the Minutes of the Planning Commission Meeting it was stated that he said, "'I am not sure there is a traffic problem" He added, he had said "he was not sure there was a solution to the traffic problem," Councilman Starwalt asked Mr. Glen Hu6bard, representalive of Union Oil, if he would ob�ect to a stipulation that the building perm rt would not be issued for a period of six months7 Mr. Hu66ard said they had requested a building permit two years ago He said if the City needed six more months he thought the Company would be agreeable, � The City Engineer said the Council's problem was how much time would be needed to come up with a solution � He said there had already been a plan approved, he added, if the Council feels that there should 6e modif�cation of the plan, the Council should decide what they want and how much timz is needed He said the problem would be to bring the trafFic away from the area He said if Yhe Council feels there is merit in another plan and rt is for the good of the Community they will have to make this deterinination. He added, the �*a+e has released the right of way along the T. H. !,�65 and the County has'released it to the City to institute the approved plans, previously adopted by the City Coun- cil. He added, there has been no signatures on the deeds as of yet He said it is poss�6le to go back to the County. � Councilman Starwalt asked if the rezoning would be approved at this time, would it hurt the negotiations� The City Engineer said it could adopt the Ordinance for rezoning and require the Oil Company to meet the City's stipu- lations, 6ut a better way would be to require the stipuiations to be met and then rezone the property. Mayor L�ebl read the following from the letCer to the Council from the C�ty Engineer: I feel that the detachmenY of Hillwind Road behind the gas stali�n alony eaith in the future making a portion of Haihaway Lare from the detached service road to Polk Street one way going west, would be the appropriate solution to the future traffic volume needs of this inter- section, taking �nto consideration the following factors, �;,� REGULAR COUNCIL MEETING OF MARCH 19, 1973 PAGE 7 This proposal would put the least amount of traffic into the � residential areas from Innsbruck Nerth Development and the potential future commercial developments. 2 The cost of this proposal would not be as high as some of the other proposals. Certainly, if the traffic consideration were the only determining {actor, this is not the 6est plan, 6ut if traffic, along with keeping the traffic through the residential areas to a minimum and the cost factors are considered oi prime importance, then this would be the only solution. Mayor Liebl said the Polk Street plan must be considered before this proposal is implemented. The City Engineer said if the first reading of the ordinance is adopted, he can try to work on the other plan on Polk Street, but this would be more expensive, he added. Mayor Liebl asked if the City would want to encroach on the area residents, he added, the Councils concern would be to alleviate the problem and divert the traffic. He said if the Council adopts the second reading, the members must know in their minds which way the City is going, Hillwind or Polk. He said the City must not encroach on the property owners, if the Council rezones, it will be doing �ust that. Councilman Starwalt said there were some property owners in attendance at the Public Hearing on the matter that did not enter into the discussion He asked � if any of the people were present There was no response. He said he had talked with the home owners of the area and from this and the results of the last hearing, he felt the people were not in favor of the loop back idea. He added, the people felt the best route would be to use Polk Street, he said, much of the traffic is already ori Polk Street He said the development of the Innsbruck North area would continue to increase the Polk Street traffic. Some of the traffic can be routed to Matterhorn and Gardena when this route is completed. The people were not completely in favor of using Polk Street, he said, but they did believe this would be the best of the suggested routes. Councilman Stareaalt said he was hesitant to recommend this route until he is able to speak with more of the residents on Polk Street. He said he also felt the patience of those at Union Oil may be wearing thin. MOTION by Councilma� Starwalt to adopt the first reading of the ordinance, with the stipulation that Union Oil does not apply for a 6w lding permit for the period of six months or until a time when the plan of the area is completed. SECONDED hy Councilman Utter. Mr Hubbard said he did not believe the station would encroach on the resi- dents of the area as it had been there for 20 years. - � �- i C` REGULAR COUNCIL MEETING OF MARCH 19, 1973 PAGE 8 ' Mayor Liebl asked if there was a portion of the land thaL is not commercial at the present time Mr. Hubbard said the request was for the property that the gas station is located on at the present time, and all of this is commercial Mayor U ebl said he would like the record Lo state L-hat there �dould 6e no residential property zoned commercial, what is to be rezoned would 6e from one type of commercial to another type of coinmercial The City Engineer said the present zoning of the property, C-IS, does not allow for the construction of a gas station, this is the land Che station is now occupying UPDN A ROLL CALL VOTE, Liebl, Nee, Utter, Breider, Starwalt voting aye, Mayor Liebl declared the motion carried unanimously The City Engineer said he had been trying to get some direction from the Counc�l He said Councilman Starwalt had been talking with Lhe residents and working for a satisfactory solution Councilman Breider asked Councilman Starwalt if he planned to continue working with the people? Councilman Starwalt said he did not believe the matter would have to come to another publrc hearing for the people to reaffirm the 6elief that the polk Street route is the 6est over all solution to the traffic problem He added, with the anticipation of the future traffic, some restr ctions have to be made He said he would like to again speak to the people of the area 6efore anything else is done He said he would like the City Engineer to prepare a plan for the Polk Street route. � Councilman Starwalt asked if the Engineering Department could come up with some kind of cost figures7 He said he did not believe the ad�acent property owners should be assessed because this would not be their property He said the people were interested in the cost to them directly Councilman Starwalt asked how soon a cost would be assessed to the people. The City Engineer said he could obtain the cost iigures from other pro�ects He added, if the people have roadways, they have already paid for the street assessmenYS. He said there would only be an assessment if the street curbing were changed from asphalt to concrete, Councilman Starwalt asked if the street would have to be widened to adequately take care of the increase in traffic7 He said he had tried to cover all the aspects of the plan with the people The City Engineer said it would be very difficult to widen Po Ik Street as the houses are already quite close MOTION by Councilman Utter to receive the report from the City Engineer, dated March 15> 1973, regarding the intersection improvement of Central Avenue and T. H. #65 Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ORPINANCE #f534 AMENDING SECTION 3 �5 RELATING TO THE USE OF SICK LEAVE FOR CITY EMPLOYEES: � MOTION by Councilman Breider to waive the second reading of the ordinance, adopt the ordinance and order publicat on Seconded by Councilman Utter Upon a voice vote, all voting aye, Mayor Lieb1 declared the motion carried unanimously _ �'9L. REGULAR COUIJCIL MFETING OF MARCH 19, 1973 PAGE 9 ORDINANCE �535 AMENDING SECTION 3 08 RELATING TO THE USE DF FUNERAL LEAVE ' FOR CITY EP1PLOYEES MOTION 6y Councilman Breider to waive tne second reading, adopt the Ordinance �5j5, and order publication Seconded by Councilman Utter Upon a roll call vote, all voting aye, Mayor Liebl declared the motion carried unanimously. R�CONSIDERATION OF MR. BOB BARNETT TO AD HOC NOR7H PAR�C f.OMMITTEE RE UESTED B'f COUn1C I LM4�I "IFr : Councilman Nee said he had brought the matter to the Council's attention because he 6elieved there was double representation from District #14. He suggested reducing the amount of committee mem6ers or adding representatives from the other school districts in Fridley He said he would favor adding more members to the committee He said he did not like to see this type of information being presented after an issue is voted on, he added, he thought it should be in the agenda He said he would like to see three more appoint- inents to the committee or Mr. Barnett taken from the committee Mayor Liebl said he did not recommend Mr Barnett's appointment because he was a staff inember at District #14, he said he had recommended him because he is the City's Wee�d Inspector and could add a considerable amount of knowledge to the committee Councilman Breider said there was other people on the committee that constitute double representation. He said he had heard Councilman Nee's � arguments and he did not feel it is a matter of whether the committee member from the school district favored a nature center or a golf course, he thought the reason for the members on the committee would be to have some input from those who run the school programs MOTION by Councilman Nee to remove Mr. Barnett from the ad hoc NorTh Park Committee Mayor Liebl declared the motion DEAD FOR LACK OF A SECOND, MOTION 6y Councilm�n Nee to invite 5chool Distncts ,�;11, f}13, and ;f/16 to offer a nomination for representation on the ad hoc North Park Committee Councilman Utter said he would second the motion for discussion purposes. Counu lman Utter said he questioned the garnett situation. He added, he admitted he was a member of the staff at District �,`14. He said the Council had asked him to contact the School Administration. He said he had talked to many people and they said they did play golf but would 6e �ust as �nterested in a nature center on the North Park site Councilman Utter said he had not talked to Mr Barnett Councilman 8reider said every week the situation goes along and there are new mem6ers on the committee He added, there is not time for a meet�ng when each time he comes to moderate h e has to e d uca te new members He said this situation ;s tedious to the other members that have been on the comm�ttee � from the beginning He added, w�th each new member, the committee has to cover the information that has been presented from the start He said if the Council wants the committee to perform a function, they will have to lim�t the membership additions. He said he was not in favor of expanding the commi- ttee � < '� REGl1LAR COUNCIL MEETING OF MARCH 19, 1973 PAGE 10 � Councilman Starwalt said,he thought that District �14 was by far the largest District in the City. He added, he believed if there was to be a difference in representation, the greater amount should be from District ;�14 He said he did not believe there should be a representative of that Distr�ct on the CommiYtee He said he had no idea that Councilman Nee would look at the appointment as a representative of �istrict rl4 � � Councilman Nee said all of the mem6ers of the Gommittee represent a group Councilman Breider said this was not true, Mr Werner did not represent any group Councilman Nee said he was not prepared to say how, but he believed that there could be some advantages to adding the representation from the other School Districts to the Committee. UPON A ROLL CALL VOTE, 8reider, Starwalt, Lie61, Utter, voYing nay, Nee voting aye, Mayor Liebl declared the motion failed RECEIVING PETITION FROM DDN BRATT FOR LOT D, REGISTERED LAND SURVEY i/3 (SIVERTS LANE� FOR MUNICIPAL WATER AND SEWER: MOTION by Co�mcilman Utter to receive the Petition Seconded 6y Councilman Breider Upon a voice vote, all voting aye, Mayor Liebl declared ihe motion carried unanimously. Mayor Liebl asked the lot owned by Don Bratt, 6101 Ovrton Drive be pointed out on the map, The City Engineer pointed out the area and said the request at the present time is to put in a well and cesspool The City Engineer said the City evould not be allowed to regulate the construc- tion of cesspools and wells until after December of this year. The City Engineer said the only problem would be if other people were to build in the area and want to put rn wells and cesspools after this date. Mayor Liebl asked Mr. Bratt if, when the City puts in sewer and water, will the property owner pay special assessments and connect to the municipal system? Mr Bratt said this stipulation would be alright MOTION 6y Councilman Utter to grant the request for �he installation of a cesspool and well with the stipulation that at the time of the installation of the sewer and water, the property owner be required to connect to the sys- tem with;n a certain amount of time Mr. Bratt asked if this requirement would be placed on the property owner at the time The City Engineer said yes SECONDED by Councilman Starwdlt. Councilman Starwalt asked Mr Bratt if he was planning to seil the property� Mr. Bratt said yes. Councilman Starwalt asked if he was building the home for the new property owner, Mr. Bratt said yes. He said the new property o�ener had not 6een informed of this fact as yet, but he would inform him of this ramiFication -� �:y�� , REGULAR COUNCIL MEETING OF MARCH 19, 1973 PAGE 11 UPON A VOICE VOTE, ill voting aye, Mayor Lie61 declared the motion carried � unanimously. RECrIUING THE MINUTES OF THE PLANNING COMMISSION MEETING OF MARCH 7, 1973: REZONING REQUEST, ZOA #i73-02, BY ROBERT DEGARDNER• The City Engineer said the request was for rezoning from R-1 to C-RI at 79z0 East River Road and the Planning Commission had recommended denial of the request MOTIDN by Councilman Nee to concurr evith the Planning Commission and deny the rezoning request. Seconded 6y Councilman Utter Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimnusly SPECIAL USE PERMIT, SP #73-01, STANDARD OIL COMPANY: The City Engineer said the request is for the installation of a dri�e in type of car wash to be installed in the station at Oshorne Road and University Avenue N.E, The City Engineer said the Planning Commission had recommended denial of the request Mr. Narlan McGregor, a representative from the Oil Company, said the property is correctly zoned and there were no ob�ections to the installa- tion of the equipment voiced at the Public Hearing He said he had ob- tained the signatures of the people in the shopping center and the owner � of the shopping center He asked the Council for a favorable vote Councilman Breider recalled the denial of the request for the installa- tiou of a car wash iii the Holly Shopprng Center He said the present request created differeiii circumsta��ces thai� those at Holly He mer�tioned the amount of traffic arid the grade He said he did not see why there could rioi be a car wash installed there He said it would be a convenience to the customers of the station He mentioned the large amount of space �n front of the station Mr McGregor agreed, there was a large area there, he added, the Oil Compaiiy has installed them iii much smaller stations. Councilman Breider asked the City Engineer if there would 6e any problem with stackirg The City Engineer asked Mr. McGregor if a customer could easily obtain access to the station and also back out7 Mr McGregor said yes The City Engineer said this is not the kind of car wash that you would drive through, but it may cause some additional traffic. Mr McGregor said the Oil Company has not had any such stacking problems in any community He added, the facility is an impulse �tem Mayor Liebl asked what the ma�or ob�ection by the Planning Commission was based on. He added, they had voted four to one to deny the request Mr. Eldon Schmedeke, Planning Commission, said he had not planned to come before the Council that evening. He said the reason it was denied is � 185 REGULAR COUNCIL MEETING OF M�RC� 19, 19?3 PAGE 12 � because there are so many stations rn the City and the area that there is going to be many problems. He added, there are car washes in the City and they are trying to operate as car washes if this faciliiy is used a great deal, it would hurt the cars wash business. Mr. Schmedeke said there should not be as many stations, and the Ciry should only put them in where they could financially make it He sa�d this is why he is againsi it, there are too many young men investing in stations and turning around and giving them up because they can not make a go of them. He said he believed the next time someone comes in with a request to construct a station, he would like the Council to think about the nee: for another station. Mr. Ed Fitzpatrick, Planning Commission, said he had heard there was no problem of the station making a go of it Now this request is presented, he added, for all practical purposes this installation would be for making a success of the station. MOTION by Councilman Breider to approve the request and allow the installa- tion of the car washing facility and issue a special use permit, Seconded by Councilman Utter. Upon a voice vote, Utter, Nee, Breider, Starwalt voting aye, Liebi nay, Mayor Liebl declared the motion carried. Councilman Starwalt asked the members of the j?lanning Commission not to take the action as not agreeing with their decision, he added he would rather call rt not concurring with their decision, � REZONING REpUEST, ZOA #73-03, BY SAMUEL TEMPLIN; 7he City Engineer said this item was pending before the Planning Commission VACATION REQUEST SAU #73-02, BY SAMUEL TEMPLIN� 7he City Engineer said the item was pending 6efore the Planning Commission PUBLIC HEARING: REZONING REQUEST, ZOA #73-04, BY NORTH AIR HOME ASSOCIATION• 7o rezone from R-3 (general multiple family d,�ellings) to C-2 (general business areas) Lot 1, Block 1, Harstad Addition, and the Southerly 150 feet of Lot 18, Brookview Addition, sub�ect to road easement over South 50 feet, to bring it up to right code classification (Knights of Columbus) The City Engrneer said this iteri� had been continued by the Planning Commi- ssion and it was also being studied by the Building Standards-design Control Subcommittee. The City Engineer said the building was built with a special use permit and now, under the ordinance, it is a non-conforming use, He said he would like to have some discussion with the City Attorney as to whether or not they can expand the facility under the present zoning He said the Planning Commission is still considering the item The City Engineer said if the Council wished to wait for the input by the Planning Commission they should take no action on the matter at the present time � He menYioned if there is some type of emergrncy to solving the matter presenYed by the Kniqhts of Columbus people, the Council may want to take action.,� He ,aid if the Council feels rezoning is necessary, there will have to be a hearing. . REGULAR COUNCIL MEETING OF MARCH 19, 1973 PAGE 13 The City Attorney said he had been asked to make a decision on whether � rezoning would be necessary for the expansion of the 6uilding. He said it is a hard decision to make. He added, non-conforming uses can not be expanded. He said the members of the community said they would not want to open the property to alot of other uses by rezoning. The City Attorney said to allow the expansion under a special use permit on a non conforming use would set a precedent and all other non conforming uses could be expa�ded without rezo�ing. Mayor Liebl said the Planning Commission had not taken any action on the matter. The C rty Attorney said he thought the matter should be refe,rred to the Planning Commission and brought back to the Council with their recommendations. The City Engineer said he could not forsee any problems other than that of the storm sewer. He said the drainage problem must be taken care of. He said the people of the neighborbood have not responded favorably to the construction of a storm sewe�r. He said some money should be placed in e=_crow ta solve this problem rn the future. �ouncilman Starwalt said the matter should be returned to the Planning Commission unless setting a date for a Public Hearing would help in the matter Councilman Utter said there is a water problem rn a low spot on the site. The City Engineer said the expansion of the facility should be 6etween the � property owner and the City.- He suggested receiving the minutes of the discussion of the item taking no action at the present time. The members of the Council were in agreement. RETURNED BY COU,ICIL: SPECIAL USE PERMIT. SP #72-19, BY FRANK GaBRELCIK: To continue the existing use as a Used Car Lot and conduct an Inside Repair Garage Shop, to be located on Lots 6 through_10, Block 28, Hyde _ Park Add�tion, and expand-the-Use to-Lots F�-and 13, Block 2,-Ci�y View Addition, per City Code 45.101, 3B, D and G. Councilman Nee said there shoul�' be some area of compromise rn this matter. He said there had been no effect of cleaning up the area and there is no evidence that it is going to be different. He said the area looks credible from the highway, but the assault on the neighborhood is incred- ible. He said the entrance is blocked by litter and weeds and the boule- vard is also a mess. He said he had no reason to think the conditions were going to change. He said he would not like to take any action on issuing a permit, he would like to wa�t On the matter. Mayor Liebl said the planning Commission had stipulated that lots 12, and 13, Block 2, not be included rn the request. He said the Plann rn g Commission said they would not �ike him to infringe on the new land. � 5 � Y REGULAR COUNCIL MEETING DF MARCH 19, 1973 PAGE 14 � The City Engineer said the matter had been discussed at the Department Head meeting that r�orning and the members of the staff suggested the City reqw re Mr. Gabrelcik sign an agreement to comply with the stipulations before the Council approves the request for a special use permit. Councilman Nee said he would agree with this type of action. The City Manager suggested the Council table any action until the signed agreement from Mr. Ga6relcik is received. MOTION by Councilman Nee to table the action on the special use permit until Mr. Gabrelcik signs and submits an agreement to abide by the stipu- lation set by the Planning Commission. Seconded by Councilman Utter. Upo� a voice vote, all ;roting aye, Mayor Liebl declared the mo u o� carried unanimously. VAi,ATION REQUEST: SAV #73-�3, 8Y LAWRENCE �UGGLI: Vacate unused p�rtion of Lots 29 and 30, Hyde Park Addition, the unused portion all bei�g South of 60th Avenue Sliproff. Councilman Nee said he appreciated the work done by Mr Schmedeke and he supported the decision of the Planning Commission, but he would like to hear from Mr. Muggli. Mr. Muggli said he also concurred with the decision of the Planning Commi- � ssion, but had wanted some stipulations by the Council to clarify his position. He said he was happy with the decision o� the Planning Commi- ssion. He said there is a dead end and the property is useless unless some other plans come into effect. He said he was concerned with the land becoming available for sale now or some time in the future. He said he would like first chance at buying the property if st is ever for sale. He said he would not like the property split up. Mayor Liebl read the seventh stipulation of the Planning Commission: 7. Owners of Lots 27.and 28, Block 12, Hyde Park Addition, be notified if_this�property is ever available and this be noted on the Crty records. The City Manag�r said he was concerned ��ith st�pulation number six, stating the alley should be pl�wed and properly maintained. He added, it is not the City's policy to maintain unimproved alleys. He said there is a danger the heavy equipment would encroach on the area. He added, this could be an added expenre if it is done every winter. He stressed, the City only plows improved alleys. Mr. Muggli said he would like to clear up a point. He said the alley in question represents a spec�al case. He said this was on the only one way street in Fridley, and it is not eve�T a block long. He said this is the reason he had asked for the alley to be kept open. He said when a semi � truck comes through there, it is hard to come in any other place except the alley. He said he would like some consideration. � �lf� _i i� REGULAR COUNCIL MEETING OF MARCH 19, 1973 PAGE 15 Councilman Nee said his motion would 6e to ask for a feasibility study on the stipulations as some of them may cost the City some money. He said the expense would not 6e extensive, but the plowing and the planting of trees would cost some money. Councilman Nee suggested the Council not take any action at the present time, Mayor Liebl agreed saying the Council should get some information from the administration about the expense of the sixth stipulation for plowing. The City Engineer said the alley had been plowed during the time this item had been under consideration. Mr. Schmedeke said he felt the item deserved special consideration. He said they were not asking for grading or the expenditure of a great deal of money He said if the property was not in an area where it could be seen, he would not request approval, but it is right on the express way and it is unsightly He added, it is a little tough f-or a semi to get into this area so it could be cleaned up and sold as commercial property. Mr. Muggli said the last few times they had driven in and backed out. free to cut across the easy way. the City trucks came into the area He ,aid he would like them to feel MOTION by Councilman Nee to deny the vacation request and ask for a feasibility report on items one through seven as stipulated by the Planning Commission. Seconded by Councrlman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. LOT SPLIT RE UEST: L.S, #73-03i AMBER CONSTRUCTION COMPANY: The City Engineer said the item was a request to com6ine a 50 foot lot with the lot to the south of it forming a buildable site. He added, the Planning Commission recommended approval of the lot split. MOTION by Councilman Utter to concur with the recoinmendation of the Plann�ng f,ommission a�d grant the lot split. Seconded by Councilman Starwalt Upon a vo+ce vote, all voting aye, Mayor Lie61 declared the motion carried unanimously. LOT SP�IT REQUE�T L,S �#73_a4, BY DE'NNIS C. CZECK: The City Engineer said the item was a,-equest to split a 120 foot by 250 foot lot into two lots. He said the Planning Commission had recommended approval of the request. MOTION by Councilman Starwalt to concur with the recommendation of the Planning Commission and grant the lot split. Seconded by Councilman lJtter. Upon a voice vote, all voting aye, Mayor Lie61 declared the motion carried unanimously ARMORY REFERRAL. Received with no action. LI � , l� C � ( . , REGULAR COUNCIL MEETING OF MARCH 19, 1973 PAGE 16 � REVIEW OF MINUTES ON ZOA #72-11 AND SP �72-18, UNION DIL COMPANY: Received with no action. � � LETTERS FROM THE METROPOLITAN COUNCIL: Received with no action. MOTIDN by Councilman Utter to receive the minutes of the Planning Commission meeting of March 7, 1973. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl delcared the moL-ion carried unanimously RECEIVING THE MINUTES OF THE BUILDING STANDARDS DESIGN CONTROL MEETING OF MARCH 8, 1973: The City Engineer said this was the item discussed within the minutes of the Planning Commission meeting. Consideration of a request to construct a buildinq to be used as a machine shoo. located on Lot 2. Block 4. Commerce Park, ivina East of a line The City ,Engineer said f;e yrould�,recommer�d the,Counci l concur with the Building Standards Design Co�trol Subcommittee and approve the request with the seven stipulations by the Comm rttee. Councilman Breider said he would like to see a plan if there was one availa6le. The City Engineer showed the members of the Council the plans statin9 it would be a stucco with break off block. He said the building would be next to the Gazda Movinq and Storage Company, on the easterly one half oi the lot and would front on-Osborne_Road. MOTION by Councilman Breider to concur with the Building Standards Design Control Subcommittee and approve the request to construct a building to be used as a machine shop with the seven stipulations presented by the Commi- ttee, Seconded 6y Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously ,'� t i REGULAR COUNCIL MEETING OF MARCH 19, 1973 PAGE 17 MDTIDN by Councilman Breider to receive the Minutes of the Building Standards � Design Control Subcommittee meeting of March 8, 1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF MARCH 13, 1973: The City Engineer said the variance would only be 2.5 feet for the purpose of building an addition on the house. He said the Board of Appeals had recommended approval of the variance. MOTION 6y Councilman Starwalt to concur with the recommendation of the Board of Appeals and grant the variance Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Starwalt to receive the minutes of the Board of Appeals Subcomm rttee hleeting of March 13, 1973• Seconded �y Counci,3man Breider: ��Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. � RECEIVING THE MINUTES OF THE PARKS AND RECREATION MEETING OF FEBRUARY 26, 1973: MOTIDN by Councilman Breider to receive the minutes of the Parks and Recreation Meeting of February 26, 1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motiorr carried unanimously. RECEIVING THE MINUTES OF THE CATV COMMISSION MEETING OF FEBRUARY 5, 1973: MOTION 6y Councilman Breider to receive the minutes of the CATV Meeting of February 5, 1973• Seconded by Councilman Utter. Upon a vo�ce vote, all voCing aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE CATV COMMISSION MEETING OF MARCH 5. 1973. AND RECEIVING BYLAWS OF THE CABLE TELEVISION COMMISSIDN: MOTION by Councilman Breider to receive the minutes of the CATV Commission Meeting of March 5, 1973, and approve the Bylaevs. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Father Ed Chmielewski, Chairman of the CATV Commission, questioned if the Council had approved the Bylaws of the Commission. Mayor Liebl said it had and there were no ob�ections ta their contents � � � � REGULAR COUNCIL MEETING OF MARCH 19, 1973 PAGE 18 RECEIVING THE MINUTES OF NORTH PARK COMMITTEE MEETING OF MARCH 8, 1973: MOTION by Councilman Utter to receive the minutes of the North Park Meetiny of March 8, 1973• Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF A REQUEST OF MR. HENRY T. MELCHER FOR REIMBURSEMENT COSTS FOR REPLACEMENT DF BU5HE5: Councilman Starwalt said Mr. Melcher had requested this item be put on the agenda and had been called out of kown, he added, he had talked with Mr. �'�lelcher and he feals he has a claim against the City. Councilman Starwalt sa�d Mr. Melcher was under the impression that the C rty would be plowing the snow int�� the center of the street and then picking it up. He said this had not been done. The snow blower had tl7rown the snow into his 6ushes. He added, the bushes were on the property when he moved into the home. Councilman Starwalt said one half of the bushes are dead and others are dying. He referred to the estimate submitted to Mr. Melcher by Bachrnan's saying it �eould cost Mr. Melcher $612.00 to remove the bushes and have them hauled away and replant with a salt resistant planting. Councilman Starwalt said the salt resistant plant material suggested by Bachman's was the Zabel's Honeysuckle. He said Mr. Melcher had indicated the City should remove and replace the damaged shrubery. Councilinan Starwalt said he had not indicated to Mr. Melcher �;uring their discussion, whether the City would or could do this. He added, he had told Mr. Melcher he would present this rtem in his absence, and possibly he could address the Council at the future meeting during the vis rt ors section. Mrs. Melcher said the road is very close and they would like the bushes replaced to cut down on the noise and gasses from the street. The City Manager asked if it would be possible to plant the bushes farther 6ack on the property to eliminate the possibility of salt damage again? Mrs. Melcher sajd the s�ggested planting by Bachinan's, Za6e1's Honeysuckle, is salt hardy and Bachman's would guarantee the plant for five years. Councilman Starwalt said when he had talked to Mr. Melcher, he had asked him the same q,uestion and was informed that there is a chain 1 m k fence which prohib rts the variation of planting distance from the street. The City Attorney suggested the Counc�l not take any action on the matter until the claim is submitted to the City's insurance carrier along with the estimate from Bachman's and the report from the University to determine if this item is insured. He said if the item is denied, it should then be brought back to the Cou�cil for a determination of the obligation on the part of the City to reimburse Mr. Melcher for all or part of the claim. Mayor Lie61 questioned the guarantee from Bachman's that the planting would 6e guaranteed from two to five years, saying what if they do not last this long� The City Engineer said the Crty would plant the bushes once, and from that time on, they would be the responsibility of the property owner. He said he would recommend the Council plant the trees stipulat rng there would be no reocurring damage claims. REGULAR COUNCIL MEETfNG OF MARCH 19, 1973 PAGE 19 MOTION by Councilman StarwaYt to submit the claim and additional information to the insurance carrier and brought back to the Council to proceed if needed Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING BIDS - CASH REGISTERS F��� LI U�R STORES (BIDS OPENED 11:30 A M MARCH +16, 1973)• The C rty Manager said he had received the bids on March 16, 1g73, and the National Cash Register Company submitted the only bid. He said the gross price oF $21,675.0o was submitted, with a discount of $2,300.68, leavi�g a net price of $19.374•32. The City Manager said the five cash registers that the City possesses at the present time are all from twelve to siKteen years old, He said it had been the desire to enter into a program to purchase cash registers with a data processing capability with the intention of keeping better selling records and better m ventory control. The City Manager said he recommended approval of awarding the bid to National Cast Register. Mayor Liebl asked the C�ty Purchasing Agent, Gordon Middag, if he agreed with this recommendation? Mr. Middag said yes, Mayor Liebl asked if the discount was in the proper amount� Mr. Middag said it was a governmental discount. The City Manager asked the representatives from National Cash Register that were present, if there would be any way to speed up the delivery? The Rep- rese�tative said it would take from 90 to 120 days. He mentioned there is another branch of the Company building the equipment in Dayon, Ohio, but they can not call for the equipment until a firm order is placed. MOTION by Councilman Breider to receive the bid and award the contract for the liquor store ��ash registers to the National Cash Register Gompany in the amount of S19,374-32, With delivery in four months or sooner. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. FIXTURES RECEIVING BIDS - AbXD00a/�6���XA$���/$I�� FOR LIQUOR STORE (BIDS OPENED 11.30 A,M,. MARCH 15, 1973p: The City Manager said th�s item had been amended in the adoption of the agenda. It had been worded as "bids for outdoor advertising sign" and should be fixtures-'. The City Manager said there had been two bids submitted, from Harrison House and Display Fixtures as listed below: Cosaip any Display Fix- tures Inc. 1966 Benson Ave St, Paul, MN B�d Security Bid Bond 5% American Empire Ins. Company To+�1 Bid Less Tofial Less Total Price deduct alternate $19,950.00 $900.00 $2,225.00 Net Price deter- mined on trade � deduct items. � � � IL•�3 � � REGULAR COUNCIL MEETING OF MARCH 19, 1973 Harrison House 5901 Wayzata Blvd. Cert. check $43,083.00 Mpls. Minn. $2,154.15 none $6,315.00 PAGE 20 The City Manager said the low bidder, Display Fixtures, listed the following deductions and trade ins: $100.00 for Skywood Compressor, $150.00 for Shorewood Gondolas, $250.00 for shelf-feeding dispencer from Skywood, $400.00 for Skywood Gondolas, $275.00 for bottle return deduction, $850.00 for 6roken case deduction, and $1,100.00 for the use of existing gondolas. The City Manager said he was satisfied with the 6id submitted by Display Fixtures, Inc., includ m g their alternates and deductions. He added there had been quite a variation in the amounts of the two 6ids He asked the meinbers of the Council if he wuld answer any questions. Mayor Liebl asked the Purchas�ng Agent if he would recommend awarding the 6id to Display Fixtures, Inc., and he said he would. Councilman Breider recalled the awarding of bids to the painting firm recently, asking if with the great difference in the amounts of the bids, would ihe City face another problem'of withdrawal trom the bidding7 The City Manager said he had no idea why the bid suhmitted by Harrison House was so far out. He suggested the reason may be that they are a restaurant supply house and this type of bid- ding is new to them. He said the low 6idder is experienced and he did not be- lieve there would be any problem in awarding the bid to him. Councilman Starwalt asked if there would be any used equipment used? The City Manager said there would be, the bidding had been set up on the basis of the use of the existing equipment, Councilman Nee asked if there had been any indication why the oihers had not submitted a bid� The City Manager said this was not a big �ob. He added, iL is kind of a can of worms. He said the contract was to relocate equipment from one store to another. He said the bid did not include the ma�or ouf rtLing items such as a cooler. The City Manager said the specifications had been sent out to all know fixture distributors. He said Mr. John E. Bergsted was the consultant on the pr�par'ation of the specifications, he said he was paid separately for drawing up the specifications. Councilman Nee asked what Com- pany Mr. Bergsted was affiliated with. The C rt y Manager said Display Fix- tures, Inc. Councilman Nee asked �f there was some urgency in taking action on the item that evening? The City Manager said the consiruction had not progressed to the point where it was necessary for the installal-ion of the equipment immediately, and there would be no urgency. Councilman Nee said he would like to delay action and investigate the reason why the other possible bidders had not submitted a bid. MOTION by Councilman Nee to receive the bids and table tha awarding of the con- � tract. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. lg4 REGULAR COUNCIL MEETING OF MARCai 19, 1973 PAGE 21 DISCUSSION REGARDING REPORT ON LOCKE LAKE BY CITY ATTORNEY (REPORT RECEIVE� AT MEETING OF FEBRUARY 26, 1973): Mayor Lie61 called on the City Attorney to summarize the memorandum received hy the Council in his absence at the meeting of February 26, 1973• The City Attorney said he hoped the memo speaks for itself. Councilman Nee said he thought very def mitly, the report was complete and self explanatory. He questioned if the report could now be submitted to the Locke Lake Association for their review, Councilman Nee requested notification of the next meeting of the Association saying he would like to attend, and if possible he would like the City Attorney to also attend. The City Attorney said he understood the County Surveyor has indicated he could help to do some of the ,urveying and reduce the costs. He said the local engineering office could also hefp w�th the surveying. The City Atterney said his office and the County Attorney could handle the legal work. He added, if this could be worked out without an excessive cost, it would be better for the property owners. He said he would lil<e to change the ownership so the land would g� to the water's edge and there would be no public land between the property owners and the lake. Mr. Frank Nebel, 6961 H�ckory Circle N.E „ Locke Lake Association, said there would be a meetrng the coming Monday evening, Mar�.h 26, 1g73. Mr. Mike 0'Bannon, County Commissioner, said this item had come before the Board some time ago_ He added, it was the recommendation of the Board that a Committee be formed to work w rth the Locke Lake Association through the City. MOTION by Councilman Nee to reaffirm the receipt of the report from the City Attorney regarding Locke Lake date February 23, 1973• Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimo�sly. The City Engineer said he had talked with the County Surveyor and rt was his opinion that closing the lake to the center line of old creek bed with a sur- vey would be di�ficult. He said a reasonable and practical solution had been suggested and that was to extend the property lines of the property owners around the lake by another fifty to one hundred feet or an additional dis- tance if the Locke Lake dam is going to 6e maintained. He said the remain�er of the lake bottom remain private and if the water recedes, the people would still own property to the waters edge. He added, this process would be easy to accomplish. Councilman Breider asked if this procedure is followed, would the property owner haue a right to develop the land under the water� The City Attorney said it has 6een 15 years since the construction of the dam. He said there is a restriction Lhat the water he kept at rts present level. � � � ? �` ��' REGULAR COUNCIL MEETING OF MARCH i9, 1973 PAGE 22 Councilman Breider asked what would happen if the dam were to qo out and leave a creek situation aga rn7 The City Attorney said there w^,��!d 6e a determinaL-ion � at whether or not to replace the dam. He said there is more of a likelihood that the water will recede than that of the dam being taken out. He said the proposed method by the City Engineer would take care of all the problems except an unlikely occura,nce. The City Attorney said he believed the City Engineer and the County Surveyor should get togetF.er and come back to the Council wiLh a plan. A resident of the area said there are now seven lots that do not go to the water's edge, He added, there are quite a few that go IOD feet into the lake. He mentioned the problem of the delinquent and currect taxes and questioned the ability of an individual acquiring the land because of tax forfeit. He stressed the importance of what is done on the lake and how it will affect the property owners. Councilman Nee asked if there was some way to get an expression from the Asso- ciation. Mayor Liebl said ther�_would be after their meeling. Councilman Nee said he did not mea� at the present meeting, he stressed the importance of the Association being a part of the total mechanism for a solution. The City Engineer said the least expensive alternative would 6e to extend the private property 50 to 100 feet into the lake, The second and next expensive alternative would be to close the lake with a survey to the old creek bed. He added, the most expensive proposition would 6e for public ownership. � The City Attor�ey suggested the mem6ers of the Association discuss the alterna- tives and also consider the possibility of the Association acquiring the remain- der of the lake bottom. He said there was also the possibility of some non- profit organization acquiring the la�d on behalf of the property owners on the lake. He said this would rule out the possibility of �ust anyone oaho felt the land had some value picking it up as a tax delinquent property. Mayor Liebl said the Locke Lake Association should report 6ack to Lhe Council when they reach a decision on whether they desire private or pu6lic ownership of the lake bottom. RECEIVING STATUS REPORT ON STONY BROOK CREEK EROSION CONTROL iPROJECT t�102-2): The City Engineer said there had been add rtionat requests for work which exceed the amount in the account. He said he would like some direction from the Coun- c�l as to whether to stop work at the present time or proceed with the priority items. Mayor Liebl said the action was initiated on an emergency basis. $22,000.00 was budgeted to stop the erosion. He asked the City Engineer if the work had stopped the erosion? The City Eng m eer said it had. He added, this is not a permanent solution. Mayor Liebl suggested leaving the question up to the engineering ingenuity of of the City Engineer to do what he thinks is bese. The City Engineer said this � money is coming out of the assessments of the district. He said there was a need for some clarification. He added, so far there has been a cominenda6le �ob done for the amount of money spent. � 3 �� REGl1LAR COUNCIL MEETING OF MARCH 19, 1973 PAGE 23 Councilman Utter asked if the City Engineer wanted a greater amount of money for the pro�ect or if he wanted to spend the total remaining� The City Engineer said he would like to know if he was to spend the remaining money and cut the pro�ect off, MOTION by Co�nciy�n Nee to authorize the expenditure to complete work on Dunphy's and Skiba's property, and after this, consider a permanent solution to the Stonybrook Creek erosion pro6lems. Seconded by Councilmah Utter. Upon a voice vote, ail voting aye, Mayor Liebl declared the motio� cdrried unanimously. RECEIVING THE RECOMMENDATIONS ON CAPITOL STREET SEWER PROBLEMS: The City Engineer said as stated in his report, Councilman Nee, Councilman Utter, and he had attended the neighborhood meeting w rth the people living on Capitol regard rng the sanitary sewer problems. He added, from his analysis of the problems, three property owners are experiencing problems with the sanita ry sewer. He referred to the television report that had been done of the area saying there had been breaks in the line indicated. The City Engineer said the plan at the present time would be to repair the line and wait one year to determine if there had been an improvement. He said if the repair work in the line does not solve the pro6lems, small ejection pumps will be installed in those homes experiencing more difficulty, He said after this t�me, the property owners would be notified of a Public Hearing on the matter of street impro�.ements. Mayor Liebl asked if the City Engineer was indicbting that the street improve- ment project be deleted at this time, the necessary repairs made in the fine and the item brought 6ack m a certain amount of time for reconsideration� The City Engineer said yes. Mr. Oliver R. Olson, 5237 Capitol Street N,E, agreed that if the line �s repaired and a satisfactory time period is allowed for the testing of the repairs with e�ection pumps installed if there are further problems, this was f rn e with the three people who had been experiencing problems. Mr. Olson questioned whether the installation of the pumps in the three homes would cause problems for athers in the area7 The City Engineer said the small pump is unlike a lif-t station as it is a small and-is-not fo,rceful such as a lifi station. Councilman Nee said he was very pleased with the staff preparations for the meeting. He said he believed the period of one year seems to be a reasonable amount of time totest the repair work. MOTION 6y Councilman Nee to receive the report and to delete Capitol Street from the Street Improvement Pro�ect at the present time. Seconded by Council- man Utter. Upon a voice vote, all voting aye, Mayor Lie61 dectared the mo- tion carried unan�mously. CONSIDERATION OF LANDSCApING PLAN FOR HOLIDAY VILLAGE NORTH: The City Engineer said Holidey Village had asked that this item be tabled �� �_ � � i � r" a ., + REGULAR COUNCIL MEETING OF MARCH 19, 1973 PAGE 24 � MOTION by Councilman Utter to table the landscaping plan. Seconded by Council- man Breider. Upon a voice vote, all voting aye, Mayor U ebl declared the motion carried unanimously. RECEIVING REPORT ON STATUS OF THE SAC LAWSUIT. MOTIDN by Councilman Breider to receive the status report. Seconded by Coun- u lman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion,carried unanimously. RECEIVING REPORT ON WEED PROGRAM FOR 1973: MOTION by Councilman Breider to receive the report and concur with the recommenda- tions of the administration. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING REPORT DN ACTIONS TAKEN AFTER THE STUDY SESSION ON EAST RIVER ROAD ALONG WITH REPORT 0'F SOME PREVIOUS ACTIONS TAKEN BY THE CITY COUNCIL. MOTION by Councilman Nee to receive the report on action taken after the study session on East River Road, Seconded by Councilman Utter. Upon a voice vote, all vot mg aye, Mayor Lie61 decdared the motion carried unanimously. RESOLUTION #37-1973 - APPROVING ADVERTISEMENTS FOR BIDS - EOC AND POLICE DEPARTMENT REMODELING: � MOTION by Councilman Breider to adopt Resolution fr`37-1973 approv rng adverlise- ment for bids - EOC and Police Department Remodeling. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Lie61 declared the motion carried unanimously. RESOLUTION #38-1973 - ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: SANITARY SEWER IMPRUVEMENT PROJECT #113' MOTION by Councilman Utter to adopt resolution n3$-1973 �rdering preliminary plans, specifications, and estimates of the costs thereof; sanitary sewer improv�ement pro�ect �113• Seconded by Councilman Starea<jlt. Upon a voice votie, all voting aye, Mayor Liebl declared the motion carried un�nimously. RECEIVING A REPORT ON A PROPOSAL FOR THE METRO RATE AUTHORITY: MOTION by Gou�cilman Breider to receive the report. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl asked if a week would allow the Council enough time to study the report. Mayor Liebl said the Chairman of the Steering Committee gruce Nawrocki, Mayor, City of Columbia Heights, suggested the proposal of uniform electric franchise as deserving of considerat�on. � � ni�f REGULAR COUNCIL MEETING OF MARCH 19, 1973 PAGE 25 The City Finance Director said the Committee was working under a tight time � schedule. He added the Committee would need any suggested changes submitted to them before April 15, 1973, or by the latest April 3�, 1973. He added, there will have to be some hearings held, The Finance Director said this had been introduced every year and nothing has happened on it. He added, the time is here wher, they will need some kind of agency. The Finance Director said the first step would be to award a franchise and after the franchise is awarded, a resolution must be passed entering into the agreement with the other coinmunities. He said the proceedings should start to award the Franchise to Northern States Power Company. He added, the consultants, Mr. George F. Hess, and the law firm of Howard, LeFevere, Hamilton, and Pearson of Minneapolis would like the Council to start proceed- ing before April 15, 1973. The C rty Attorney said if it were brought back to the Council on the 2nd or 9th of April, this would give the Councilmen �nough time to review it. Mayor Liebl agreed, Mayor Liebl said there had been both managers and also elected offic�als on the negotiating committee. He said it should be reviewed considering the best interest of the citizens of Fridley. Mayor Liebl said he would like to see a state wide authority. Councilman Breider said this could and may not have a large demand. He added, sometimes problems are worked out most effeciently with the local government. Mayor Liebl asked the City Attorney for his help in studying the report, and � asking him to 6ring his views back to the Counci}. APPOINTMENTS TO THE ENVIRONMENTAL QUALITY COMMISSIDN: Mayor Liebl said he had asked the members of the Council to submit one name as a noinination to the Environmental Quality Commission. He added, he had also selected some persons to serve on the Committee. He read the suggested appointments as follows. Robert L. Buckley, Chairman, 54 Locke Lake Road - 3 years. Ronald F. Burton, 741 Pandora Drive, - 1 year, Utter Shirley Kennedy, 6875 7th Street, - 2 years, Thomas Sull�van, 1350 Gardena, = 1 year, Starwalt Roger Kay, 585 Rice Creek Terrace, - 3 years, Breider Jim Langenfelt, 79 63z Way N,E „ 2 years Mrs. Charles Martin, 133 Stonybrook Way N.E, - 3 years, Nee The City Manager said the agreemenl- stated that the terms appointment would expire the first of the year. He asked if this should not be changed to the first of April. Mayor Liebl agreed, the terms would ru� to the first of April of each year. MOTION 6y Councilman Nee to approve the suggested nominations as members of the Environmental Qual rty Commission. Seconded by Councilman Breider. Upon a voice � vote, all voting aye, Mayor Liebl declared the motion carried unanimously. � � REGULAR COUNCIL MEETING OF MARCH 19, 1973 PAGE 26 y � . z �- Mayor Liebl sa�d the members should be furnished with a copy of the ordinances. He added, the Commission should 6e provided a secretary to record their meetings when needed. APPOINTMENI: CITY EMPLOYEE: NAME Fredrick Prom 75$ Hillcrest Manor, Bemid�i, Minn. 56601 P031TION Junior Acct. SALARY $764 per month EFFECTIVE DATE March 21, 1973 REPLACES new MOTION by Councilman Breider to approve the new city employee, Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CLAIMS: GENERAL 31294 - 31441 LIQUOR 7588 - 7637 MOTION by Councilman Utter to approve the claims. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Lie61 declared the motion carried unanimously. LICENSES: GENERAL CONTRACTOR Designers & Remodelers Inc. 1501 West 80th Street Bloomington, Minnesota APPROVED BY By: Bobby Wyatt C. Belisle MOTION by Councilman Utter to approve the license request. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ESTIMATES: Comstock & Davis, Inc Consulting Engineers 1446 County Road "J" Minneapolis, Minnesota 5543z For fuirnishing of resident inspection and resident supervision for the staking out of rhe construction work for; � Water Improvement Pro�ect �111 Modification oY Wells 3, 9, & 11 from Fe6ruary 23, 1973 $ 248.56 ESTIMATE '�,1 - PARTIAL �'�i� REGULAR COUNCIL MEETING OF MARCH 19, 1973 Sanitary Sewer, Storm Sewer & Water Improvement Pro�ece No. i02 from January Zg through February 23, 1973 ESTIMATE 714 - PARTIAL Weaver, Talle & Herrick 316 East Main Street Anoka, Minnesota 55303 For services rendered - dated March 15, 1973 PAGE 27 $ 623.37 $ 1,74g.00 MOTION by Councilman Nee to approve the estimates. Seconded by Councilman Breider. Upon a voica vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIUING PETITION FOR REPAVING AND lNSTAlLATION OF CURBING FOR STARLITE BLVD. FROM 61ST TO SYLVAN LANE N,E�: The City Engineer said the action to be taken on the item woutd be to receive the petition and authorize the specifications to be drawn. MDTION 6y Councilman Breider to concur with the recommendation of the City Engineer. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. COMMUNICATIONS COON RAPIDS CITY MANAGER LEGISLATIVE LIAISDN: Councilman Starwalt asked why Coon Rapids had decided not to enter into the agreement with the Legislative Liaison. The City Manager sai� the Council had voted three to two to �oin the other area communities in executing an agree- ment, he added, it requires a four fifths vote to transfer funds. He said now there are three cities involved rn the agreement with David Kennedy, he wanted the Councii to decide whether or not they wanted to stay in the agreement or what. He said he thoughtthey may want to reconsider since the turn of events. Mayor Liebl asked if the bill for the services would now be split three ways� The City Manager said yes. Mayor Liebl said he believed that Councilman Breider and Councilman Starwalt had been plan�ing to attend the next meeting w rth David Kennedy. Councilman Starwalt said he had thought it was Coon Rapids that had promoted the plan. He asked aga�n why they had reconsidered7 Mayor Liebl said there are two new young men on their Council who felt they had elected two legis- lators and senators to represent them, The City Manager said he had brought this before the Council because he felt the Council should reconsider the _ agreement. Mayor Liebl said he thought the members of the Council should meet w rth Mr, Ke�nedy to determine if he can be of further help. Mayor Liebl said he believed Mr. Kennedy had been reasonable in the bill that had been reasonable in the bill that had been drawn up. He added, he had also helped with the House File #�2g5 and had the respect of both sides of the house, The City Manager said he believed the City should still retain the services of Mr. I<ennedy, � r � i�J *�1� � REGULAR COUNCIL MEETING OF MARCH 19, 1973 PAGE 28 � MOTION by Councilman Starwalt to receive the let1ers from J. K. Cottingham, City 1lanager, Coon Rapids, dated March 15, 1973, re9arding Coon R�pids decision to not execute agreement for Legislative �iaison, and communication from �avid Kennedy, Legislative Liaiso�, dated March 6, 1973- Seco�ded by Councilman Breilder. Upon a voice vote, all voting aye, Mayor Lie61 declared the motion carried unanimously. RECEIVING C�MMUNICATION FROM G. MARG WHITEHEAD T� CITY ATTORNEY: CHIES BR�THERS: The City Attorney said he had requested this item on the agenda 6ecause he was not certain if he was authorized to accept the $2,500. He said he had been instructed to go back and try to get the $2,500 that Mr. Chies had originally offered rather than take the offer of $1,500 which was the last offer, He said this had 6een done and all that had to be done now was to go ahead and get the check for $2,500. MOTION by Councilman Starwult to accept the offer from G. Marc Whitehead or behalf of Chies Brothers dated March 13, 1973> in the amount of $2,500. $econded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. E MOTION by Councilman Starwalt to receive the letter from the Fridley Police � Pension Association dated March �, 1973 signed by Fredrick C. Bebensee, Vice president, Waldemar H. Olsen, Secretary, and �ohn F. Anderson, i'reasurer, rescinding the letter of March 9, 1973, Seconded by Councilman Nee. Mayor Liebl said he did not believe there srould be any action taken regarding the matter at the present time, he belie�;ed there should be a meeting of the minds before this could be done. Councilman Breider said he tF,ought the Council had been saying this for a long time, Councilman Breider said '�that he'would like to question the City Attorney. He continued, the Council had been negotiating for one and one ha1F years now, and have gotten nowhere, are there any legal aspects that could be used to settle the matter� The C rty Attorney said he would do some investigation and make a repori to the Council. He said he would be happy to make such a report and come up with some suggestions. He added, he would suggest as per the City's legal agree- ment, that he and Mr. Wyman Smith work cooperatively on the pro�ect. Mayor Liebl read aloud the letter submitted by the Association. He said the Association had met with their legislative representative the previous day and they were told there may be some legislation that wcald make the funding more compatible to the City. He said this may give L-he City the opportunity to execute a more financially feasible plan. � �. �, .k, - ;• REGULAR COUNCIL MEE7ING OF MARCH i9, 1973 PAGE 29 Councilman Breider said he had a responsi6ility to the peo�le ne wa, repre- � senting. He askad if thzre h�d been a requirement of the City's funding the plan set at 21%7 The Finance Director said it had. Councilman Breider said the Pension Association has the right to assess the people, he added, this can not help the people. He referred to the portion of the letter stating the Association would not agree to any plan until after the current session of the legislature ad�ourr�s, He said he could not meet his a6ligations to tl�e people, He said he thought the Council should investrgate other alternatives and perhaps the legal ones are the only ones left. He added, he had 6een working to save the people he was representing some taxes, he belreved the Counci9 should take_some positive action. He recalied they had agreed last year to sTop the percentage growth and if this is the way the Association feels, he thought the Councilshould start looking out for the people of Fridley. Councilinan Breider suggested L-hat the cooperative efforts of the City's two legal firms be used to investigate legal possibilities in the Fridley Police pension Fund dilemma. Mayor L�ebl said he believed Jue Connors was also represent�ng the tax payers of Fridley. He sa�d considering the matter overall, he thought Mr. Connors should also be given the opportunity to solve the problem. He added, some- tfiing like this is not solved over night. Mayor Liebl said the Guide Lines Act of 1969 may be reconsidered. Mayor Liebl said he would like to see a � pay as you go plan for the City. He said if the representative is positive, he can get it, why not iet him try and work something out? Ne stressed the po mt that he would like to'let Mr. Connors try and work something out. He said it would only involve two months of waiting. Councilman Breider said nothiny could be hurt by the investigation, He said if there is no need to use the alternatives, good, if there is a need, this infor- mation wiil be furnished. 7he C rty Manager said he had attended League Legislative briefing meeting where Representative Don Moe stated his pro�ection to come up with the adoption of somethiny like the Hewitt Plan. He said he did not think this was any kind of a solution, it would only lower the payments. He stressed, it would not solve anything. Mayor Liebl reminded the Council that there was a motion on the floor to re- ceive tfie letters. UPON A VOICE VO7E, all voting aye, Mayor Liebl declared the m�tion carried unanimously and the letters were received, MOTION by Councilman Breider to authorize the cooperative efforts of Weaver Talle and Herrick and Smith, Juster, Feikema, Haskvitz and Casserly to re- search legal aspects and formulate some recommendations for possible solutions of the current Fr�dley Police Pension Association dilemma and to report back � to the Council at such time they come up with any alternatives which may reach agreement. Seconded by Councilman Nee. REGULAR COUNCIL MEE7ING OF MARCH 19, 1973 PAGE 30 2�3 � Councilman Nee said he betieved there should be some legal right sought that the City may pursue. He said the City had been locked into a contract that it had no participation in formulating. He said he would lil<e to see some of the legal aspects of such an agreement investigated. Mayor Liebl said when the Pension Plan was adopted he was not on the Council. He referred to the adoption of the Guidelines Act stat rng when it was passed, a bomb had been dropped on the City. Councilman Nee said he thought it was time the Legislature acted constitutionally. He said he did not feel the Act was constitutional, or the Legislature did not understand svhat they were doing to the Cities. Mayor Liebl sa�d maybe the Legislators can change the Guidel rn es Act and create a pay as you go alternative. He said he thought the Councii should place some confidence in the representatives, and if they do not come up w rth a solution, then the Council could take some action. UPON A VOICE VOTE, Nee, Breider, Starwalt, Utter voting aye, Liebl voting nay, Mayor Liebl declared the motion carried, four to one. Councilman Breider said the administration has put a grea� deal of time and effort into the sub�ect and tried their best and still the Council did not have the results they were looking for. Councilman Breider recalled in recent negotiations the Mayor had interceeded and the results were admirable. � Gouncilman Breider suggested the Council authorize the Mayor to enter into the negotiations with the Fridley Police Pension Association if rt is determi�ed hy the City Attorney investigation into the matter that this is legal under ehe CiCy Charter. He also suggested that the City Attorney report back to the Gounc�l and this matter be put on the age�da at the ne,�t meeting. Mayor Liebl said he did not believe this action could be taken under the Charter. Councilman Breider said this could be researched by the City Attorney and if it would be possible, the Mayor should sit down and participate in the negotia- tions. Mayor Lie61 said this may be a good idea. The City Attorney said he did believe the members of the Council were not allowed to negotiate. Mayor Liebl stated that he also questioned this possibility as he was an ex officio member of the organizat�o�. Councilman Utter agreed, this may 6e worth looking mto. The City Manager said Mr. Brunsell had been involved in the negotiations, and he is also an ex offiw o mem6er of the organization. Mayor L�ebl agreed stating Mr. Brunsell is on the administrative staff, he added, he as Mayor, is not. He said he would like to get the matter solved, � ��� REGULAR COUNCIL MEETING OF MARCH 19, i973 PAGE 31 MOTION by Councilman Breider to receive the communication� from Wyman Smith. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried un�.iimously. REQUEST FROM ELDON SCHMEDEKE TO INVESTIGATE AND TAKE SOME ACTION ON NON-LICENSED PERSONS SELLING USED AUTOS IN THE CITY OF FRIDLEY: Mr. Eldon Schmedeke addressed the Council stating he believed the Used Auto Ordinance was being abused. He said the Council had �ust passed an ordinance the first of the year and he suggested the Cuuncil send out a letter to those in violation stating they are doing something.wrong. Councilman Utter said he had talked with Mr. Schmedeke, the members of the Council and the City Attorney last week concerning the matter. He said he had asked the City Attorney to prepare a report and submit it to the Council, Councilman Utter said he had checked into one possible violation on Univers rt y Avenue, stating the car in question had been in the name of the owner of the property. He said the auto was the mans private auto and being sold on his place of- b�siness. He said he did not believe there was a violation in this case. Mr. Schmedeke said he had not come to the Council to bring action against any- one he added, he thougfit someth rng should be done to F�rotect those who had obtained a license and were operating legally. The City Attorney said he had not f-inished the report at that time. Council- man Breider said he had also been faced ov�th the matter last week. Ne added, he also felt there was a dilemma, He suggested if there are some people who are sell mg cars in violation, there should be a letter sent to them informing them of the violation and the conditions of the ordinan'ce, He said he would first like to get an opinion f-rom the City Attorney. Mr. Schmedeke said he thought the City should watch some of this action. He said he would not like to point a finger, but he could show the Council twelve who are in violation. The City Attorney said he was sure there are people in violation, but the ordinance was not intended to prohibit people from selling their own cars. He said if- a man is finished with his car, and wanted to sell it there would be no way the City could stop him from doing so. Mr. Schmedeke said there are a lot of dealers who had abided by the law and obtained the necessary license. � � � u �`� � REGULAR COUNCIL MEETING OF MARCH 19, 1973 PAGE 32 � Gouncilman Utter said there had been another complaint, and when it was checked, the man was selling his own car. He added a point of rnformation that rt is illegal to drive a car with a fior sale sign displayed in it. He said he was aware of one individual who was selling cars that did have a state license, but no city license. � '�J Mr. Schmedeke said if an individual lives in another town, he had better be operating from this lot. He added, he had been asked to speak to the Council to try to get some action. Gouncilman Utter said he had been checking on the matter, it �ust takes a litt1e time. Mr. Schmedeke thanked the Council for their consideration. Mayor Lie61 said he believed the ordinance should be tested. COMMUNICATION - SAMPLE LETTER PREPARED 8Y .IOHN MULLIN BARTON-ASHMAN ASSOCIATES, INC 1821 UNIUERSITY AVENUE ST PAUL SUGGESTING TO BE SUBMITTED TO RAY LAPPEGAARD, COMMISSIONER OF HIGHWAYS REGAR�ING MISSISSIPPI 11NDERPASS: MOTION by Councilman Utter to receive the communication, approve the sample letter, and authorize its being sent. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unani- mously. ADJOURNMENT: MOTION by Councilman Breider to ad�ourn the meeting. Seconded by Councilman Nee, lJpon a voice vote, all voting aye, Mayor Lie61 declared the Regular Council Meeting of March 19, 1973 ad�ourned at 12.04 a.m. Respectfully Submitted, ��t.f'/�-Gr' i,�?L� l�' -LiC'C-o patricia Ellis SecreCary to the City l,ouncil � � � i�a,�.1. ` Frank G. Liebl, Mayor