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07/02/1973 - 00016369���'1 THE MINUT�S OF TH� REGULAR MEETING OF THE CITY COUNCIL OF SULY 2, 1973 The Regular Meeting of the Fridley City Council was called to order at 7•38 p.m., July 2, 1973, by Mayor Liebl. PL�➢G� OF ALLEGIANCE: Mayor Liebl led the Council and the audience in saying the Pledge of Allegiance to the Flag. INVOCATION• Mayor Liebl asked for a few minutes of silence for personal invocation by the Council and the audience. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT APPROVAL OF MINUTES Lzebl, Utter, Nee, Breider, Starwalt. None. REGULAF COUT�CIL P�IEETING, T�IA�Y 7, 1973: � MOTION by Councilman Starwalt to adopt the minutes of �he Regular Council Meeting of May 7, 1973 as presented. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. PUBLIC HEARING MEETING OF MAY 14. 1973: MOTION by Councilman Nee to adopt the minutes of the Public Hearing Meeting of May 14, 1973 as presented. Seconded by Councilman Star- walt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. BOARD OF EQUILIZATION MEETING OF MAY 31, 1973: MOTION by Councilman Nee to adopt the minutes of the Board of Equil- ization Meeting of �fay 31, 1973, as presented. Seconded by Council- man Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONTINUED MEETING OF THE BOARD OF EQUILIZATION MEETING OF MAY 31, 1973, H�LD JUNE 19, 1973 MOTION by Councilman Breider to adopt the minutes of the continued meeting of the Board of �qui�ization Meeting held June 19, 1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. � , � �_.J � �.J REGULAR COUNCIL MEETING OF NLY 2, 1973 VISITORS: MR. LESTER ORTON, FRIDLEY V.F.W.: PAGE 2 � s�'� Mr. Lester Orton presented the plan for the placement of a monument in Eisenhower Square to the members of the Council. He said this plan had been discussed previous to this time, but now they had the available financing and were ready to go ahead with the pro�ect. MOTION by Councilman Breider to approve the concept of the proposed plans for the placement of a manument in Eisenhower Square by the Fridley V.F.W., and that the plans be reviewed by the Park Commission and the Director of the Parks and Recreation Department, with final approval to be given by the Park Commission. Seconded by Councilman Starwalt. Mr. Orton presented the him to forward the plans soon as possible. Mayor with the plans for the monument and asked to fhe Parks and Recreation Department as UPON A VOICE VOTE, all voting aye, Mayor declared the motion carried unanimously. MAYOR LIEBL'S COMMENTS CONCERNING THE CONDITIONS OF LOCKE LAKE EXPR�SSED TO HIM BY MR. DONOVAN SCHULTZ• Mayor Liebl said he had talked with Mr. Schultz who had received assur- ance from the P.C.A. that something could be done on the Rice Creek matter. He said all the area communities would be involved in this. Mayor Liebl asked if the Council would be willing to send a letter to the P.C.A. He said this would force all other communities to comply with the ruling. He said this would have some merit to stop the pollution of Rice Creek. MOTION by Councilman Nee to instruct the City Attorney to write a letter of disposition in regard to the position of the P.C.A. and the problems of Rice Creek and Locke Lake. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MAYOR LIEBL QUESTIONED WHETHER OR NOT TI-IE WEEDS ON DOVER STREET HAD BEEN TAKEN CARE OF. Mayor Liebl said he thought this matter may be an administrative problem. He said he had received a call from_a resident who had requested the weeds on a vacant lot on Dover Street be cut. Mayor Liebl directed the Administration to get the weeds cut. ADOPTION OF AGENDA: P�aypx Liebl sa�d the following items tvere to be added to the agenda: Letter £rom Dr. Erickson, item 9-C in new business Appointment uf r_lerk-typist as a replacement in the Fire Department. MOTION by Councilman Starwalt to adopt the agenda as amended Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the mation carried unanimously. �� � �� � REGULAR COUNCIL MEETING OF JULY 2, 1973 YUBLIC HEARINGS: PAGE 3 PUBLIC HEARING ON PROPOSED AMENDMENTS TO ORDINANCE �?522 - CABLE TELEVISION ORDINANCE: MOTION by Councilman Utter to waive the reading of the Public Heari�g notice, and open the Public Hearing. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing opened at 7:55 p,m. Mayor Liebl read the points listed in the letter from the City Attorney, Mr. Virgil Herrick, aloud to the Council and the audience. Mayor Liebl asked if there were any members of the CATV Commission present to make recommendations to the Council. Mrs. Barbara Hughes, 548 Rice Creek Terrace, member of the Commission addressed the Council. She said the Commission Iras to have another meeting before the Public Hea:ing, but she and other members had been out of town previous to the meeting. She said she thought a telephone poll of three members of the Commission had been taken and the results which had been submitted to the Council by the City Attorney. Mrs. Hughes said this is not what had been discussed at the meeting of the Commission when she had been present. She added, she did not know the reason for the change in tactics. Mrs. Hughes asked if there was someone present who could explain the recommended approach? Mayor Liebl said the Council would be sending �a letter to the Federal Communications Commission, which had been drafted by Councilman Nee asking the Commission for some clarification. Councilman Nee said there had been one change in the letter and referred to the statement in the letter that it was not the intention to stall the issuance of the license to General Television. Mayor Liebl read the paragraph in question. Mrs.Hughes expressed concern over spending revenue funds for regula- tion. She suggested submitting a petition of waiver and asking for some other way to use the funds which would finance the Cable TV Bureau. She said this would allow the pro�ect to have something to fall back on. Councilman Breider asked the Attorney for General Television, Mr. Carpenter, if there had been any communication with the people in Washington. He asked if this matter could be taken care of between the FCC and the City and not the FCC and General Television. He asked if the license would be approved before the City makes the modification in the ordinance. Mr. Caxpenter sa�d there has l�een no direct communication. Fie �aid tfiere should be somet?ung besides the matter of gross subscriber revenues. He said the matter of the 30 or 5% would be a matter of the FCCIs discretion. � � � LJ L�l 1 REGULAR CaUNCIL MEETING OF JIILX Z, 1973 PAGE 4 2��) Councilman Breider said the City did not want to houd up the Company by something they were doing with the FCC. He asked if money could be escrowed in this case. He asked if this would speed up the application. Mr. Carpenter said they would have to have the Certificate of Compliance, and the FCC would not allow the Company to proceed without this. I-Ie said if this would be done unilatarally, the Company would be violating the rules. The Acting City Attorney, Mr. Sames GibUS, said he thought the concern was whether additional applications would be necessary. He said it is also a concern if it would be in the best interest to ask for So and if this would delay the process. Nlayor Liebl sail as suggested by the City Attorney, this would be acceptable Uy the FCC. Mr. Gibbs, said it could be legally used, and General Television could live with it and it may be a possibility that the FCC will approve it. Council- man Nee asked if the certificate could be approved with the proposed change recommended by the City Attorney. Mr. Gibbs said there is some agreement �hat this could be passed. Councilman Breider asked if the money could go into the general fund rather than into the system. Mr. Gibbs said this would theoretically be taxation without representation. Councilman Breider asked if Federal Funds can pay for television, why can't local £unds? Council- man Nee said they would have trouble programming on property taxes. Mayor Lieblsaid it would be necessary for the system to get off the ground. Mayor Liebl asked the City Attorney, Mr. Virgil Herrick, his recommendations on the matter. D4r. Herrick said he had met k�ith Mr. Dean Caldwell and he had said the majority of the Commission had agreed with the recommendations. He said after the recommendations had been approved, he and the City Manager had proceeded to make the proposed change. He said this decision had been made by the Commission and he did not feel he could be the spokesman for their group. Councilman Nee said the proposed provisions wou3d be a part of the franchise. The City Attorney said he had tried to provide a percentage that the FCC would approve. Mrs. Hughes said the recommendation are not what she had thought the minutes of the meeting of May 31, and June 15, had called for. The City Attorney said the Commission was to prepare a sample of what they wanted and the formal amendment was to be drawn from the recommenda- tion. He added, when the amendment was ready for ��raft3ng, Mrs. Hughes was out of town, and the chairman of the Commission was also out of town. The City Attorney said Mr. Caldwell had told him what the recommendations were. He sazd the recommendations were approved by two ptk�er members. ��� REGULAR COUNCIL MEETING OP JULY 2, 1973 PAGE 5 Councilman Breider said the FCC has not told the City they would not approve the license, this is only hearsay that they are not going to approve the license. He said he would like to have a formal answer be.�ore the ordinance is changed. Mayor Liebl said this is why they were sending the letter. Councilman Breider said the letter would have to be sent first. The City Attorney said'the proper procedure would be to continue the Public Hearing. He said he would not recommend the Council close the hearing and take any action. He said there should be no delay between the FCC and the Company. He said they had not received a written recommendation from the Commission. Councilman Breider said he would like to have money escrowed and the license approved if this would be possible. He said he thought this would be a positive direction for the Company and the City and he would like to try it. Councilman Nee said this would open communication. Mayor Liebl said if this is the intent of the City the Company should be told. He added, the City wanted So, now the FCC is telling us what it must be. Councilman Breider said at the time, there were a lot of calls about public programming. He thought this may have been a selling point of the ordinance. He said the City would have to communicate with the FCC to answer the questions and then they may have to change the ordinance. Councilman Bredier said the Council should wait to hear from the FCC before taking any action. Mayor Liebl said he was told someone from the CATV Commission would be present at the meeting. He said Father Ed is vacationirg in Poland. He said he thought they should send the letter to the FCC and delay any action until a statement is obtained from them. Councilman Breider said there would be no reason to change the ordinance if they had not asked the City to do so. Mayor Liebl said the letter states that the City has no intention of holding up the application processing. He said the Council would have to know the ruling of the FCC. Councilman Starwalt said he thought the Council should stick with the present ordinance until they are forced to change it. MOTION by Councilman Nee to continue the Public Hearing on the amend- ment to the Cable T.V. ordinance with no intention to stall or not vote to approve the amendment, until after the City hears from the FCC and a formal reasonable answer is obtained. Seconded by Council- man Breider. Councilman Nee said there will be a great deal of pressure by the State of Mlnnesota and the peq�le o£ the industry say this is reasonable. UPON A VOrCE 1POTE, all voting aye, T�Iayor Liebl declared tFie motion carried unanimously and the Public Hearing was continued y�ntil some answer from the FCC would be obtained. � � �_J � REGULAR COUNCIL MEETING OF JULY 2, 1973 PUBLIC HEARING ON SPECIAL USE PERMIT PAGE 6 T SP #73-06. BY BARRY B L �y � � �� MOTION by Councilman Utter to waive the reading of the Public Hearing Notice and open the public hearing. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the public hearing opened at 8:51 p.m. The City Engineer said the firm was anxious to know if they can stay in Fridley, or they must find another location. Mayor Liebl asked what the recommendation of the City Engineer would be. The City Engineer said this could be approved if there was an agreement to provide proper screening such as a six foot redwood fence. He said vines could be planted on the fencing to allow it to be more pleasing. He said the Company has show n a desire to go along with providing the screening to allow the installation to fit into the area. He said the request would be for a Special Use Permit, a variance in the zoning requirements and a request for a building permit on the addition. Mayor Liebl asked if there was anyone present who may want to speak on the matter? A member of the audience asked if the fence would be right on the property line or would it be set back to allow maintenance o£ the £ence. He asked who would be responsible for taking care of the £ence. The City Engineer said basically, the fence would be right on the line, and the responsihility of the maintenance would be by the people who put up the fence. The resident said. he had been told the fence would be cedar. He said he would ask for clarification on this point and also they would prefer a seven foot fence. Mr. Wayne Sether, 7649 East River Road, addressed the Council and said he would also like the fence to be seven feet. He said he was also concerned about the noise from the night crew. He said he would also like the parking adjacent to the building restricted. He said his bedroom windows are �ust 50 feet from the back area. He mentioned that the motor bikes have a field day in the area. The City Engineer said the property is properly zoned and the City could work with the man and come up with something. Councilman Nee questioned where the drainage of the parking lot would be. The City En�ineer said he would have to look at the plan. He said the drainage plan could be checked when the final plans are submitted. He said the fence would give good protection. Mr. Gibbs said he had talked with the applicant and he felt the seven foot fence would be fine, and they would put some rock under the fence. � Mayor I,ieb1 read the stipulations recommended bv the Boaxd of Appeals. �. representatj,ve from Barry Blower said they had made a second offer �'or the outlot along the creek and they were still working on acquiring the property. He said the owners have no use at all for the property at t�ii�s ti�e. 2� �� REGULAR COUNCIL MEETING OF JULY 2, 1973 Mayor Liebl said the firm had been a long time resident Councilman Nee said they had always been good citizens. said they had paid a lot of taxes and have provided jobs people. He said this value can not be forgotten. PAGE 7 of Fridley. Mayor Liebl for the The President of tne Barry Elawer Company addressed the Council and said they did agree with the seven foot fence and would also change their plans for the portion of the building along the creek. He said they would be loosing 1,400 square feet of space by this change in the plans. Councilman Breider asked the representative of the Company how many employees worked on tIze first shift. The representative said 95. He said there were 48 working on the evening shift. Councilman Nee asked if they would be adding 20 people to the staff. The representative said he had been working on that figure that day and this may be 30. He said if they favor the parking on the tracks side on the evening shift this would be fine. He added, they can park on the plant side. MOTION by Councilman Utter to close the Public Hearing. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing closed at 9:07 p.m. MOTION by Councilman Nee to take action on the matter at the current meeting and grant the special use permit with the stipulation recommended and that a seven foot fence be constructed out of cedar and maintained by the Company and ihat a drainage plan be presented and that night parking be limited to south of 77th along the rail- road tracks. Seconded by Councilman Utter. Councilman Nee said he was not sure the stipulation should be so loaded down. The City �ngineer said if another Company wouid come into the area, they would have to abide by them also. UPON A VOICE VOT�, all voting aye, Mayor LIebl declared the motion carried unanimously and the special use permit granted. The City �ngineer asked if it would be possible to go on to the por- tion of the Board of Appeals meeting that the applicant was involved in or�er to take all necessary action at one time. The City Engineer said there had been three requests for variances. One, a request for a variance of the back yard set back from 40 to 25 feet; secondly, a request for a parking variance from 200 to 150 and a variance o£ the lot coverage requirement from 40 to 45%. He added, the Board had recommended the back yard set back be granted. He said the Isoard had recommended a wall be placed away £rom the existing bank to avoid erosion. Ne said any� erosion could expose the £oundation of the Buildzng. He said he �rould suggest a require- m�nfi concerning tFLe �arking, and recommend tl'iey continue to attempt to �urchase tFie outlot and also more coverage. ' , � REGULAR COUNCIL MEETING OF JULY 2, 1973 PAG� 8 4 � � r) � Councilman Breider questaoned the portion of the Board of Appeals minutes where they recommend the applicant seed the Uank. The City Engineer said he would recommend they do not disturb the bank of the creek. Councilman Breider asked i£ they should require some kind of bank stabilizing vegetation. The representative of the Company said they would not disturb the bank at all with the modified plans. MOTION by Councilman Nee to concur with the recommendations of the Board of Appeals and grant the variance, deleting the portion of the stipu- lation relating to the planting of seed. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. IVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF JUNE 26, 1973: MOTION by Councilman Breider to receive the minutes of the Board of Appeals Meeting of June 26, 1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. The City Engineer asked the members of the Council to go on to Section III, Item number three and take action on the request for a building permit for the Barry Blower Company on their proposed addition. � MOTION by Councilman Nee to grant the building permit deleting stipu- lation number six, and concur with the recommendation of the Building Standards Design Control Subcommittee, stipulating they use a seven foot cedar fence, adding number nine that they provide for legal con- solidation of parking areas, so that building cannol', be sold separate than the parking area south of 77th Way, with the understanding that the bank along the creek not be disturbed. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and declared the building permit be approved. � APPROVAL OF COMMUNICATION TO FEDERAL COMMUNICATIONS COMMISSION, WASH- INGTON D.C., TABLED JUNE 25, 1973 • MOTION by Councilman Utter to approve the letter being sent. Seconded by Councilman Nee. Councilman Nee said the letter should have more than his signature. Councilman Breider said Mayor Liebl should sign the letter. Mayor Liebl said the letter should be unanimously decided and signed by the Mayor. Councilman Starwalt repeated his concern of changing the ordinance to read subscriber revenues rather than gross operating revenues. He asked z£ the City would be telling the FCC that they had changed their mind. He said he had no quarrel with the letter or sending it, but he thought the language should remai.n the same in the ordinance, it should be consistant. Councilman Nee said he did not think the subscriber revenues would £und the activites of the Commission. ��� REGULAR COUNCIL MEETING OF JULY 2, 1973 PAGE 9 UPON A VOICE VOT�, all voting aye, Mayor Liebl declared the motion carried unanimously and said the letter should be sent with his signature. CONSIDERATION OF LOTS 2 AND 3 IN PROPOSED VIET'S ADDITION FOR PARK PURPOSES (TABLED JUNE 18, 1973): Mayor Liebl read the letter submitted to the Council by the Chairman o£ the Parks and Recreation Commission, Donald Blair, stating there was some ob�ection to the purchase of the property for paxk purposes. Mayor Liebl said Mr. Blair had said it would be possible to lease some area from Stevenson School for park purposes. Councilman Utter said he had been on the Council for one and a half years and in that time there had been only one park provided in the City, Ruth Park. He said the Commission does not consider this a high priority area, the only priority area they have is the area by Rice Creek Road. He said there is not one child within six blocks of the proposed park land by Rice Creek Road. He said it is unbelievable the number of homes being built in the Rose Addition. Councilman Utter said there is a need for a park in the area of the proposed Viet's Plat. Councilman Utter nothing left for park. said if the area is developed, there would be park land. He said the people of the area want a Councilman Nee said he tried to identify with the people of the area and think how he would feel if he resided there. He added, he tried to see himself as a parent in the area, and he would not want his children to have to walk to the school to have someplace to play. Councilman Utter said he has a three year old, he could not see his child walking to Stevenson School. He added, even with the lease at Gardena School, only the small children wi�hin the block would not be able to use the area. MOTION by Councilman Utter to table the discussion on the proposed land acquisition in the Viet's Addition. Seconded by Councilman Starwalt. Mayor Liebl said he would like some member of the Parks Commission to appear at the next Council meeting and state why they do not think this is a priority area. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. The Acting City Manager, Mr. James Hill, said he �as told that the Director of Parks and Recreation �ou1d be present at the meeting. , , LJ , 1 REGULAR COUNCIL MEETING OF JULY 2, 1973 ADDITIONAL DISCUSSION IN REGARD TO APPROVAL OF TANK TO e j� Li r_/ PAGE 10 E CONSTRUCTED BY The City Engineer said there was an additional item to be discussed concerning the construction by Barry Blower. He said they had requested approval of the construction of a storage tank in frontof the building. He said as this is not a normal situation, he thought the Council should take some action on the request. The City Engineer said the tank would have to be SO feet from any building and the applicant planned heavy berming from the street side. Councilman Breider said he was concerned over approving the installation of another big tank. He asked how large the berming area would be. The City Engineer said it would be a 30 foot area and the berm would be eight feet. MOTION by Councilman Nee to approve the request made by Barry Blower to install a storage tank. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl �eclared the motion carried unanimously. RESOLUTION ik79-1973 -;PPROVING CHAPTER 594, MINNESOTA LAWS OF 1973, APPROVAL OF CHaNGES IN THE FRIDLEY FIRE RELIEF ASSOCIATION RETIREMENT PLAN AND 18 Mayor Lieb1 said the necessary information is listed in the agenda Councilm3n Breider asked Lf there was enough money in the fund7 The Finance Director said the amount needed is less than was origi�vlly estimated for this use, Mr Ro6ert Hughes, Fire Chief, said he concurred with the recommendation and the members of the Fire Department had approved it a1so. MOTION by Councllman Breider to adopt Resolution �k79-1973, adopting amendments to Relief Association Bylaws. Seconded by Councilman Utter. Upon a voice vote, al1 voting aye, Mayor Lieb1 declared the motion carried unanimously. The Finance Director said the Council should take separate action on the change in bylaws. MOTION by Councllman Breider to approve the change in the bylaws as submitted to the Council. Seconded by Councilman Utter. Upon a voice vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously. DISCUSSION REGARDING THE FUTURE OF THE LEAGUE OF MINNESOTA MUNICIPALITIES AND THE PROPOSED DUES INCREASE (TABLED .NNE 4, 1973); Councilman Utter said a few comoz¢[tities had opposed the proposed dues increase at the recent annual meeting of the League, He said the greater ma�ority overruled those opposition. He said it was the people from tl�e sma11 communities that were opposed to the increase. � He said those who oppo�ed could not find anything bad about the League. He said the City of Fridley Attorney and many others on the staff contact the League frequently for adviCe Councilman Utter said he thought the Council should approve the proposed increase, it would be a worthwhiLe investment. 2�1-i� REGULAR COUNCIL MEETING OF JULY 2, 1973 PAGE 11 Mayor Lieb1 said at the annual meeting in Alexandria, he had learned a great deal. He ' said he believed it essential that the City maintain its membership in the Minnesota League of Municipalities. He said he would encourage the o'ther elected officials in the City to attend the annual meeting next year. Mayor Liebl said the membership in the League would be saving each citizen of Fridley money. Mayor Libe1 explained how the dues increase had to come about after the University of Minnesota had dropped out of the League. He said the League had been forced to go to a self supporting dues structure. Mayor Liebl said he hoped the next year, more could attend the annual meeting. Councilman Utter said he hoped more of the City staff could attend the annual meeting t�ne n�xt year. He said he would urge the Council to continue the membership. He s� d one person for each department includiag the City Manager and the City Engineer shou�ld attend the meeting. He said he also hoped the Director of Parks and Recreation could be in attendance. MOTION by Councilman greider to approve the membership in the Minnesota League of Municipalities for 1974 and that the amount be budgeted for this purpose. Seconded by Councilman Utter. i1PON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING PROGRESS REPORT ON NEW FRIDLEY LIQUOR STORE: Mayor Lieb1 asked if there ls any language in the contract which would hoLd the ' contractor responsible for a completion date. The City Attorney said there is language for Liquidated damages. He added, the Council could authorize a claim be asserted. Mayor Lieb1 said before the overall plan of the Municipal Liquor Store was approved, there was concern expressed about this point and the Council went along with the Liquor Store Manager. Councilman Utter agreed. Mayor Liebl said he would like the new store to open by the 15th of July. M4TION by Councilman Breider to receive the report on the progress of the Liquor Store. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. DISCUSSION REGARDING SIDE STREET ASSESSMENT FOR 7TH STREET (ORIGINAL AND TWO ALTERNATE ROLLS) (TABLED JUNE 18, 1973): Councilman Breider said this is in his Ward. He said he would like some examples where these lines have been followed in other instances. He said he would like to know specifically where this policy has been followed. The Finance Director said he could point this out on the map. Councilman Breider said he would Like a statement from the City Attorney on whether or not the Council could deviate from the established poLicy in sideyard assessment. , REGULAR COUNCIL MEETING OF NLY 2, 1973 PA GE 12 2�7 , MOTION by Councilman Breider to table the matter until the information from the City Attor- ney and the City Finance Director is obtained. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Lieb1 declared tixe motion carried unanimously. EIRST READING OF AMENDED BIIDGET ORDINANCE FOR THE FISCAL YEAR 1973 - AMENDING ORD7NANCE �k521: MOTION by Councilman Breider to waive the reading of the ordinance and adopt the first reading of the ordinance to amend the Budget Ordinance for the Fiscal year 1973. Seconded by Councilman Utter. Upon a voice vote, all voting sye, Mayr-c Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 20, 1973• The City Engineer said the Planning Commission had recommended the request be denied. MOTION 6y Councilman Nee to concur with the recommendation of the Planning Commission and deny the request for rezoning by Michael Seledic, Sr. Seconded by Councilman � Starwalt. Upon a voice vote, all .oting aye, Mayrr Liebl declared the motion carried unanimousLy. VACATION REQiIEST, SAV ,��73-09, MICHAEL SELEDIC, JR.: VACATE 61ST WAY BETWEEN �AST RIVER ROAD AND BURLINGTON NORTHERN PROPERTY: VACATE ALLEY BEWTEEN LOTS 4-10 AND 15-20, BLOCK 20; VACATE 61� WAY BEWTEEN LOTS 19-23, BLOCK ;9, AND LOTS 3-7, BLOCK 20, VACATE ALLEY BETWERN LOTS 3-7 AND 20-24, BLOCK 19, ALL IN FRIDLEY PARK ADDITION, TO ALLOW CONSTRUCTION OF AN APARTMENT CQMPLHX: MOTION by Councilman Brnider to concur with the PLaaning Commission and deny the vacation request by Mi�ktael Seledic, Jr. Seconded by Councilman Utter. Upon a voice vote, all voitng aye� Mayor Liebl declared the motion carried unanimously. FINAL PLAN APPROVAL: WALL CORPORATION: THE AR�AS GENEAALLY LOCATED BETWCEN STH STREET AND 7TH STREET N, E. FROM MISSISSIPPI STREET TO 63RD AVENUE N. E.• The City Engineer said this should be the preliminary plan and the Council couLd approve the prelimiciary plan with the nine stipulations on page 2-H of the ageada as recommended by the Planning Commission. Mayor Liebl said he was concerned about point number nine, The City Engineer said the Model Association would have to be reviewed before they are soLd, Mayor Liebl said he helieved point number six, (brick being used on the exterior of the complex) would up grade the pro�ect. � MOTION by Councilman Utter to concur with the recommendations of the Planning Commission and approve the preliminary plan by the Wall Corporation with the nine stipulations recommended by the Planning Commission. Seconded by Councilman Starwalt. Up�n a voice vote, all voting aye, Mayor Liebl declared the moiton carried unasximously. ��� REGULAR COUNrTL MEETING OF NLY 2, 1973 PAGE 13 REQIIP�ST FOR SPECIAL USE c^ERMIT, SP �k73-O5, BY KEITH S. SWENSON AND DENNIS D. ' SARKTT,ANTT fTEXACO SERVTCE STATIONI_ TO CONTINi7E A SERVICE STATION AND PERMIT SECTION 45.101� Mayor Liebl said the Planning Commission had recommended the approval of the special use permrt with six stipulations. He read the stipulations aloud. Councilman Breider said he was concerned if other people would receive the same con- sideration and approval for such a permit. He added, if other people want this type of service they should also be approved. He said he though.t the Council was setting a precident. MOTION by Councilman Breider to approve the special use permit as requested by Keith 5. Swenson and Dennis D. Sarkilahti with the six stipulations as recommended by the Planning Commission. Seconded by Councilman Utter. Mayor Liebl said he questioned the number of such rentals needed in Fridley. He said he would not want to issue a permit for every service station in Fridley. He said this would not be in tte best interest of the environment. The City Attorney said each applicant would have to proceed in the same manner and go through the proper application process. He said each case would be �udged on the size and service of the station. He said each application would be taken care of � according to its own merits. UPON A VOICC VOTE, a11 voting aye, Mayor Liebldeclared the motion carried unanimously. CONSIDERATION OF A REZONING REQUEST, ZOA ik73-07, COLUMBIA METAL FASRICATION, INC.,: REZONE LOTS l, AUDITOR'S SUBDIVISION �k39, EXCEPT THE WESTERLY HALF, FAOM R-1 (SINGLE FAMILY DWELLING AAEAS) (TO M-2 HEAVY INDUSTRIAL AREAS), TO RELOCATE: The City Engineer said the Planning Commission had recommended the rezoning request be denied. He asked if there was anyone present from the firm� There was no response. MOTION by Councilman Nee to concur with the recommendations of the Planning Commission and deny the request for rezoning by Columbia Metal Fabrication, Inc. Seconded by Councilman Starwalt. Upon a voice vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Utter to receive the minutes of the Planning Commission meeting of June 20, 1973. Seconded by Councilman Starwalt. Upon a voice vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Utter to receive petition number 8-1973. Seconded by Councilman Starwalt. Upon a voice aote, all 'aoting aye, Mayor Liebl declared tt�e motion carried unanimously. MOTION by Councilman Utter to receive petition mintber 9-1973. Seconded by Councilman � Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimou�ly. REGULAR COUNCIL MEETING OF JULY 2, 1973 PAGP� 14 �,� �� �� � RECEIVING THE MINUTES OF TtiE BUILDING STANDARDS DESIGN GONTROL SITBCOMMZTTEE MEETING OF SUNE 21, 1973: CONSIDERATION OF A REQUEST TO CONSTRUCT AN ADDITION FOR MANUFACTURING AND WAREHOUSE PURPOSES LOCATED ON LOT 6, AUDITOR�S SIISDIVISION N0.77, THE SAME B�ING 99 - 77TH WAY N. E., FRIDLEY, MIINESOTA (REQUEST BY BARRY BLOWER 99 - 77TH WAY N. E., FRIDLEY, MINNESOTA 55432): The City Engineer said he recommended approval. He added, the applicant has gone along with the five stipulations. MOTIIDN by Councilman Starwalt to concur with the recco�nm°ndations of the Building Standards Design Control Subcommittee and approve the request to construct an addition with the five stipulations_recommended by the Subcommittee. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Lieb1 declared the motion carried unanimousLy. CONSIDERATION OF A REQUEST TO CONSTRUCT AN ADDITION FOR ADDITIONAL STORE RENTAL USE LOCATED ON LOT 19. BLOCK 2, SPRING VALLEY ADDITIDN, THE SAME BEING 1315 RICE CRE�K FOR THE 7-ELEVEN STORE WERE DEC'. � MOTION by Councilman Nee to concur with the Building Standards Design Control Subcommittee and approve the request for the construction of an addition at 1315 Rice Creek Road, by R.C,E. Corporation with the five stipulations of the Subcommittee. Seconded by Councilman Utter. Upon a voice vote, a11 voting aye, Mayor Liehl declared the motion carried unanimously. ONS : f_6'1 Mayor Liebl read the four stipulations recommended by the Subcosmittee aloud to the Council. MOTION by Councilman Nee to approve the raquest for the remodeLing of L-he North Star Gas Station Located at 4040 Marshall Avenue, with the four stipulations recommended by the Building Standards Design Control Subcommittee. Seconded by Coun�_ilman titter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. � Councilman Breider questioned the use of wood to cover the chimney block. The City Engineer said that fire blocks would allow the placement of this type of material on the outside of the blocks. 25(i REGUI�AR COUNCIL MEETING OF JULY 2, 1973 PAGE 15 MOTION by Councilman Utter to approve the request for a building permit as recommended � by the Building Standards Design Control Subcommittee and with their recommended six stipulations and sub�ect to review of the final plans. Seconded by Councilman Starwalt. Upoa a voice vote, all voting aye, Mayor Lieb1 declared the motion carried unanimously. MOTION by Councilman IItter to receive the minutes of the Planning Commission Meeting of June 21 , 1973. Seconded by Councilman Breider. IIpon a voice vote, a11 voting aye, Mayor Liebl declared the motion caxried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF .TUNE 26, 1973: The City Engineer said this item had been taken care of and received earlier in the meeting. CONSIDERATION OF APPROVAL OF LEASE - GARDENA SCHOOL SITE AS TOT-LOT PLAYGROUND: The City Attorney said he was to have prepared a lease for approval and was unable to complete the task. The Director of Parks and Recreation directed the Council's attention to the letters in the Council agenda on Pages 5 through 5-SG and said Mr. Habel, Elementary Coordinator, indicated that the City's proposal was feasible. He added, Mr. Habel, the City Manager and himself felt this to be a feasible agreement. , MOTION by Councilman Utter to approve the preliminary Lease Agreement. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye� Mayor Lieb1 declared tte motion carried unanimously. CONSIDERATION OP CHANGE ORDER �kG-5 - NEW FRIDLEY LIf7U0R STORE: MOTION by Councilman Starwalt to concur with the recommendation of the City Manager aad approve the Change oxder to deduct $150 for thE ommis_slon_ of the relnforcing bars in the curbs. Seconded by Councilman Utter. Councilman Utter questioned if the City should make the contractor take up the curbing and install the bars without charge to the City. IIPON A VOIC� VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OP REQUEST FOR 90 DAY EXTENSION OF BUILDING PERMITS - RICHARD N. MILLER: MOTION by Counc�lman Utter to grant the extension of the building permits on the buildable sites. Seconded by Councilman Starwalt. Upon a voice aote, all voting aye, Mayor Lieb1 declared the motioa caxried unanimously. ' REGULAR COUNCIL MEETING OF JULY 2, 1973 PAGC 16 �J� � CONSIDERATION OF A 90 DAY EXTENSION ON SUILDING PERMiTS - WALL COPORATION: The City Attorney said there are a number of townhouse permits and ap�rtment permits issued and there may be a sewer problem with trying to coavert the permits to all townhouses. He said it is his feeling the permits should be revised and issued for the a11 townhouse development and on the same basis per permit He said there is a difference in the inspection charges of an apartment and a townhouse in the City. He said he Yhought they should make application for new permits. Councilman Breider questioned the differrnce in SAC charges that this action may create. He questioned if this could be done. The City Attorney said the permits were_issued with the consideration that the construc- tion would be done in a proper and reasonable tzme. He said he had some question if this would be proper with the Metro Sewer Board, Councilman Breider said if this brought them to a higher level, he did not think there would be any qualnts abaut lt. MOTION by Councilman Utter to approve the extension of the building permits for the Wall Corporation. Seconded by Councilman Starwalt. Upon a voice oote, all voting aye, Mayor Lieb1 declared the motion carried r�nanlmously. DISCUSSION REGARDING BACK YARD DRAINAGE PROBLEM IN THE BENJAMIN STR�ET/60TH AVENUE AREA: � MOTLON by Councilman Nee to receive the communication from Dr. Robert L Erickson, 595Q Ben�amin St., dated June 24, 1473. Seconded by Councilman Starwalt. Ugon a voice vote, all voting aye, Mayor Lieb1 declared the motlon carrled unanlmously. The City Engineer said there are two routes that could be taken, but he felt Councilman Starwalt could get the feeling of the area people and consider if a public hearing on the matter is necessary at this time. He sald he had not planned to comnlete the system for awhile. Councilman Utter referred to the maeting of a year ago and asked why this had not been taken care of at this time. Councilman Breider said the street is draining on the property. Councilman IItter asked if Benjamin Street was built up more when the street was installed? The City Engineer said this was the only pratical solution. He added, the people are not ready to develop their back 1ots. He said this would destroy the nature and beauty of the area at this time. Councilman Starwalt�said the property owner had purchased the property without knowledge of what would happenwhen there was a rain. He said he did not know he would have two or three feet of water in the low area. He questioned if the problem could be taken care of at this time. The City Engineer said the installation would have to go through � the hi11 and the area people are not ready to go in and tear up the area unt�.l it is developed. Councilman Starwslt said there are two people in the area who have money escrowed. He said he had visited the site that morning and there was no water in the area. He added, it soaks in rapidly. He said he felt there would Ue some problems in the future in that area. Councilman Starwalt said he would not favor a public hearing on the matter at this time. ��� REGULAR COUNCIL MEETING OF JULY 2, 1973 PAGE 17 MOTION by Councilman Starwalt that there is no action needed other than receive the letters at this time. Seconded by Counilman Utter. Upon a voice vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously. DICUSSION REGARDING ACQUISITION OF AN EASEMENT FOR PROVIDING AN OUTLET INTO THE AREA NORTH OF RICE CREEK ROAD: The City Engineer said he thought the City should acquire an easement for the Storm Sewer outlet in the area. The City Engineer said the property owner has tried to se11 the property to developers and the sale has fallen through. He said there is some flooding of the area. He said the people of the area have been calling and requesting something be done about it. ' The City Engineer said the Crty is at the point where they should go out and get the area appraised. He suggested making two appraisals of the area for the acquisition of the area for a drainage easement. Mayor Liebl read from the Council Meeting minutes of February 28, 1972, where it is stated by motion that the City Engineer should acquire easements for the drainage of the area. The City Engineer said all the Council would be authorizing is that the appraisals for the aquisition of the easement could be made. Mayor Liebl suggested that 1oca1 appraisors be employed, MOTION by Councilman Utter to authorize two appraisals of the area for a ponding easement. Seconded by Councilman Starwalt, ilpon a voice vote, all voting aye, Mayor Lieb1 declared the motion ca�'ried unanimously. The City Engineer said this would be a part of the total development of the Storm Sewer development of the area. UPON A VOICE VOTE, a11 voting aye, Mayor Lieb1 declared the motion carried unanimously. CONSIDERATION OF A JOINT POWERS AGREEMENT FOR DATA PROCESSING (LIQUOR SALES AND INUENTORY SYSTEM) BE241EEN THE CITY OF FRIDLFy AND THE CITY OF ANOKA: AND RESOLUTION ��SO-1973 - AUTHORIZING THE SIGNING OF A JOINT POWERS AGREEMENT FOR DATA PROCES57NG (LIQUOR STORE AND INVENTORY SYSTEM): ' MOTION by Councilman Breider to authorize the administration to negotiate a �oint powers agreement of Data Yrocessing and also to adopt Resolution �k80-1973. Seconded by Councilman Utter. Upon a voice vote, al voting aye, Mayor Liebl declared the motion carried unanimously. 1 � L._J 1 L} l�.��e3 REGIILAR COUNCIL MEETING OF JULY 2, 1973 PAGE 18 RESOLUTION 9�81-1973 - AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON LOT 2, BLOCK 4, PARCEL 1800, COMNNIERCE PARK ADDITION: MOTLON by Councllman Nee to adopt Resolution �jk81-1973 authorizing and directing splitting of special assessments on Lot 2, S1ock 4, Parcel 1800, Com�nerce Park Addition. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Liebl declared the motion carried unanimously. the Mayor RESOLUTION ��82-1973 - APPROVING THE COMPREHENSIVE LAND USE PLAN FOR THE CITY OF FRIDLEY: MOTION by Councilman Nee to adopt Resolution �k82-1973, approving the Comprehensive Land Use Plan for the City of Fridley, Seconded by Councilman IItter. Upon a voice vote, a11 voting aye, Mayor Lieb1 declared the motion carried unanimouslp. RESOLUTION ��83-1973 - AUTHORIZING NO PARKING SIGNS ON STARLITE BOULEVARD FROM 61ST AVENUE TO SYLVAN LANE• Councilman Breider asked what had brought up this action� The City Engineer said this is a State Aid roadway, He said the normal State Aid Standard would add to the width of the road. He said his recommendation would be to approve the installation of the no parking sign and it be in;talled if there is need for it. Mayor Liebl said they would not want the road to become a race track. Councilman Breider said he agreed. The City Engineer said the road would be only 36' wide with no parking signs on one side, MOTION by Councilman Breider to adopt Resolution �k83-1973 authorizing no parking signs on Starlite Boulevard from 61st Avenue to Sylvan Laae. Seconded by Councilman IItter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carxi.ed unanimously. CONSIDERATZON 0� CHANGE ORDER #2, PROJECT #111, FOR HYDRO ENGINEERING, INC., FOR THE REPATR OF PUMP POR WELL #3: The City Engineer said this could not be determined until the pump had been taken out. He said the original amount in the contract had been $8,000. He added, the additional work would be approximately $4,000. MOTION by Councilman Utter to approve Change Order #2, Pro�ect #111, for Hydro Engineering, Inc. for repair of pump for Well #3. Seconded by Councilman Nee. Upon a voice vote, all voting aye, i�ayor Liebl declared the motion carried unanimously. REQUEST TO INVITE ANaKA COUNTY OFFICIALS TO COUNCIL ME�TING OF JULY 9, 1973, TO DISCUSS TH� STATUS OF THE COUNTY PARK PROGRAM: MOTION by Councilman Brezder to approve the invitation of the Anoka County Officials to the July 9, 1973 Council Meeting. Seconded by Councilman Utter. Uprzn a voice vote, all voting aye, Mayor Liebl declaxed the motion carried unanimously. ���1 REGULAR COUNCIL A4EETING OF JULY 2, 1973 APPOiNTMENT Name James Saefke 47D 67th Ave Fridley, MN CITX EMPLOXEE: Position Salary Replaees Operations F, $805 New N.E. maintenance per man, water rnonth section, Eng. F, Public Works Depaxtment Janice Sunberg 4023 Lake Dr. Robbinsdale, MPJ Clerk-Typist $450 Civil Defense- per Fire Dept. month Elinor Thoennes PAGE 19 Effective Date July 3, 1973 Ju1y 3, 1973 A10TION by Councilman Utter to approve the appointments of Janis Suh- berg, clerk typist in the Fire Department and also James Saefke, Operations and Maintenance D4an, Water Section, Engineering and Public Works Department. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING RESIGNATIOIQ OF MRS. BONNIE 0'DELL, HUMAN RELATIONS COMMISSION: MOTION by Councilman Breider to receive the resignation of Bonnie 0'Dell from the Human Relations Commission. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanmously. Mayor Liebl said he would make a recommendation to the Commission the following Council meeting. RECEIVING PETITION #7-1973 REOUESTING A RE➢UCTION IN SPEED L MOTION by Councilman Br��.der to rece�ve the petition #7-1973, requesting reduction in speed limit and traffic flow on Fairmont Street between East River Road and Mississippi River. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl referred to the recommendations of the City Engineer. MOTION by Councilman Utter to concur with the recommendations of the Engineering Report to not request an investigation from the state. Seconded by Councilman Nee. Councilman Nee asked if it would be possible for Department to wxite a letter stating the positzon also the regulations concerning this accord�ng to Statutes. Councilman idee said he t�ould lzke some letter so xn other cases such as this it could be Engineer said this could be done. the Engineering o£ the Cit� and ihe State sort o£ form sent. The City u 1 ' � REGULAR COUNCIL MEETING OF SULY 2, 1973 CLAIMS: PAGE 20 2 �> ; GENERAL 23399 - 32485 LIQUOR 7906 - 7945 MOTION by Councilman Brei,der to approve the claims. Seconded by Council- man Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. LICP.NSES . BLACKTOPPING APPROVED BY Fairfax Asphalt 8030 Central Ave. N.E. Minneapolis, MN By: John Pfaff MASONRY D. L. Jackson Concrete Construction Inc. 1440 - 85th Ave. N.E. C. Belisle Minneapolis, MN By: Duane Jackson C. Belisle � Mi.kedonald Cement Company 4830 - 7th Street N.E. Minneapolis, NIN By: Donald Siegel C. Belisle GENERAL CONTRACTOR � Antler Corporation 2954 Ri,ce Street St. Paul, Minnesota Roger E. Brenny $ Sons Route #3 Foley, Minnesota Walter Maciaszek 2727 Rice Creek Terrace New Brighton, MN By J. C. Robertson Inc. 1844 - 134th Ave. N.E. Ham Lake, MN Earl Weikle $ Sons, Inc. 2514 - 24th Ave. So. Minneapolis, MN Western Remodelers 2529 Nicollet Avenue Minneapolis, T+IN C. Belisle By• Roger E Brenny C. Belisle Walter Maciaszak C. Belisle By: John Robertson C, Belisle By: Earl Weakle By: S. Goldman C. Belisle C, Belisle RENEWAL NELV NFM� RENEWAL R�NEWAL R�NEWAL NEW RENEWAL NEW ���) REGULAR COUNCIL M�ETING OF JYdLY 2, 1973 LICENSES (CON'T HEATING Associated Plumbing Inc. 13562 Highway 65 N.E. Anoka, MN Formost Services Inc. 7923 Nicollet Ave. So. Bloomington, PIN PUBLIC DANCE St. Williams Church 6120 - 5th St. Fridley PUBLIC DRINKING PLACE Club 47 6061 University Ave. Fridley OFF SALL� BEER Stav's Superette 6483 University Ave. 6319 Hwy. 65 Fridley FOOD ESTABLISHMENT By. Lloyd Clark PAGE 21 APPROVED BY C. Belisle By: DeWayne Mullin C. Belisle By: Rev. Richard Podvin By. Robert Syder Pub. Safety Dir Pub. Safety Dir By: Robert Stavanau Pub. Safety Dir. � NEW NEW fee waived 100.OD � 15.00 15.00 Stav's Superette 6483 University Ave. 6319 Hwy. 65 25.00 Fridley By: Robert Stavanau Comm. Dev. Adm. 25.00 PUBLIC DRINKING PLACE Fireside Rice Bowl 7440 Central Ave. Fridley By: Glenn Wong Pub. Safety Dir. 100.00 I�flOTION by Councilman Utter to approve the licenses. Seconded by Council- man Nee. U�ion a voice vote, all voting aye, D4ayor Liebl declared the motlon carried unan�mously. � �vi REGULAR COUNCIL MEETING OP JULY 2, 1973 PAGE 22 'APPROVAL OF APPLICATTON FOR PUBLTC DANCH IN CONJUNCTION WITH A�NUAL PICNIC AT LOCKE PARK - LOCAL U. A. i�.: Mayor Liebl said it would be in order to receive the application and grant the license. Councilman Utter asked if other people come to City Hall and apply for licenses such as this. The Parks and Recreation Director sard others feel the picnic permit is sufficient. He added, this is �ust what others do but, �his group has been honest and applied for the permit. He said �his would be the same scale. Councilman Utter asked if the parking lot is roped off, would it inter- fer with the public use of the park by others? He asked if there would be ample parking space zn the lot. The Director of Parks and Recreation said there is space enought to park 200 cars in the lot. He added, there is ample parking space. Councilman Starwalt asked if the dance would be open to the public? The Director of Parks and Recreation said this is why he had thought this matter should come before the Council. He added, this is only the second request of this type received. Mr. Brown said the gentleman was being above board about the request. � MOTION by Councilman Utter to approve the license for the dance in the parking lot at Locke Park as requested by the U. A. W., Local 683, waiving the fees and providing the group employ a police officer for the duration of the dance. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. APPROVAL OF AUCTION PERMIT - MICHAEL SERV�TUS UNITARIAN SOCIETY. MOTION by Councilman Breider to approve the auction permit as requested by Michael Servetus Unitarian Church and that the fee be waived. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ISCUSSION ON SALES VEHICLE OPERATING ON STREETS IN FRIDLEY. Councilman Utter said he had been made aware of a sales vehicle vending all over the City o£ Fridley. The Public Safety Director and Acting City R4anager said he had talked to the gentleman two weeks ago and had told him the City had an ordinance which prohibits such vending. Mr. Hill said the vendor had stopped directly in front of his home. The City Attorney said the vendor called him on the telephone and had � stated he had a State l�cense to operate the vendzng vehicle. He also ��s told by t�e vendor that he did not need a City license. The City Attorne� said fie had received some correspondence from the gentleman that day, but had not had a chance to review rt. :��-� L�� REGULAR COUNCIL MEETING OF JULY 2, 1973 PAGE 23 Councilman Nee questioned whether thi�s man could be allowed to come into ' the City as he is when other are prohibited. The City Attorney said the State had taken a position on such dealings and it has been determined if the vendor has a license from the State Board of Health, they may not need a Fridley_Licen�se. He added, this is what he thinks the vendor is tryxng to tell him. He said he would make the Council aware of any information that he obtains. ESTIMATES. Brauer � Associates, Inc. 6440 Flying Cloud Drive Eden Prairie, P�finnesota 55343 Golf Course and Nature Center Feasibility Study as of June 10, 1973 Display Fixtures, Inc. 1966 Benson Ave. St. Paul, Minnesota 55116 75o payment on work done to date on Fridley Liquor Store. Estimate dated June 27, 1973 Keyway Builders, 255 Highway 55 Hamel, Minnesota Inc. 55340 PARTIAL Estimate #S - Fridley Liquor Store from May 1, 1973 to June 23, 1973 $ 500.00 14,296.91 14,972.34 �IOTION by Councilman Nee to approve the estimates. Seconded by Councilman Utter. Upon a voi.ce vote, all voting aye, Mayor Liebl declared Lhe motion carried unanimously. APPROVAL OF MEMBERSHIP DUES - NIETROPOLITAN LEAGUE OF MUNICIPALITIES AND RECEIVING REPORT TO NIEMBERSHIP: Mayor Liebl said the City of Pridley could not afford to be without the membership of the Minnesota League of Municipalities. Councilman Utter said he was impressed wzth the open space and park program. He said there would be an increase of dues over the last year. Mayor Liebl sa�d the League would be loosing the facilities of the University of Minnesota. He said they would supply the City with many services and important information. � MOTION by Councilman Utter to retain the City of Fridley's membership with the Minnesota League of Municipalities and receive the report � and membership. Seconded by Councilman Tdee. U�on a voice voLe, all voting aye, Nlayor Liebl declared the motion carried unanimously. � t .. ��i � REGULAR COUNCIL MEETING OF JULY 2, 1973 PAGE 24 , APPROVAL OF PARTICIPATION IN LEAGUE LABOR RELATIONS CONSULTING SERVICE. The Finance Director said this would be an aid in mediation and fact finding. Mayor Liebl asked what was the approximate cost for these services previously. The Finance Director said they were comparable. Mayor Lxebl said he had been advised at the annual meeting of the League that it is very impoxtant that no person interfer with the negotiations of any employees. He said there had been examples given where public o£ficials had interferred in other cities and a great deal of problems were caused. He said the members of the Council should remember to stay our of the matter until it is settled. MOTIQN by Councilman Utter to approve the participation in the League Labor Relations Consulting Service. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. COMMUNICAT�ONS: PARK CONSTRUCTION COMPANY - LANDSCAPING. MOTION by Councilman Utter to receive the communications from Park Construction Company concerning the landscaping of their�new facility � at 7900 Beech Street N.E., dated June 20, 1973. Seconded by Councilman Starwalt. Councilman Breider said he had seen the area and hoped the tank be bermed. He said he wished the tank had been placed in the back of the building. The City Engineer said extensive berming and landscaping of the area is planned. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. SMITH: SUPREME COURT APPEAL - FRIDL�Y VERSUS SPRING LAKE PARK. MOTION by Councilman Starwalt to receive the communication from Wyman Smith regarding the Supreme Court Appeal, City of Fridley vs. Spring Lake Park, dated June 2, 1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Councilman Nee asked if it would be possible to prepare legislation for the next session to put in legislation to hold them responsible. The City Attorney said the law is old fashioned, and this would be the only way to get legislation. He said he did not feel the laws were suf£icient. He said this may be an area where the Metro League could be involved. � Councilman Nee asked the City Attorney haw much his fee would be to pre- pare euch a proposal? The City qttorney said he should use the established rate. Councilman Nee said he did not believe this to be a normal law and it Ttad alt�rays been the case. ��� REGULAR COUNCIL MEETINC OF JULY 2, 1973 PAGE ZS The City Attorney said he would prepare such a proposal for the Council's review. Councilman Breider said he believed there is a communication problem in the Metro area. Mayor Liebl asked who would sponsor such a bill? Councilman Nee said if the City puts the proposal together, the P.C.A. or any number of persons or organizations could sponsor it. He said someone would have to think the proposal through. Mayor Liebl said it would be opposed by Spring Lake Park. The City Attorney said if the proposal is properly written, it would not be opposed. CHARTER CONIMISSION: REQUEST FOR COMMENTS AND SUGGESTIONS ON CHARTER: Mayor Liebl said he believed the Charter should be worded in such a way that the people get proper representation from the elected officials. He said it would not be changed to enable the City Manager to become a dictator. Councilman Utter said the elected officials should stay out of the administration and concentrate on the legislative activities of the City. He said the members of the Council should communicate with the City Mana�er for various requests and he will take care of the request. He added, the Council and Mayor should not tell any other persons in the administration what to do. Councilman Breider said one of the proposals of the Charter Commission would be that any elected official that intends to run for election for a higher office should resign his present position at the time of filing. Councilman Utter said if this is approved, a member of the Council would have to resign before running for Mayor. Councilman Breider said he did not believe tnis was intended, he thought it meant if a member of the Council should run for State office, he should resign from the Council. Councilman Utter said a Senator is allowed to run for President without resigning. Councilman Breider said he thought this would apply if a District or State post was being sought by the Council member. He said there would be very little time for the City duties during this time. , � _1 Mayor Liebl said he thought if a man wants to run for another office, this would be fine, he could resign if he is elected. Councilman Utter agreed, saying what if the man looses the election and has resigned his elected post? Councilman Breider said he thought they � should think of anothex interesting �osition, t,that i£ the pexson �ras running £or the same �ost? , REGULAR COUNCIL MEETING OF JULY 2, 1973 PAGE 26 4� Ci S A4ayor Liebl said he thought the Commission should consider making the elected officials responsible to the electora2e. He said the Commission had been set up for the review of the Charter and is serving this purpose. Mayor Liebl continuad, if any member of the Council has any proposal or suggestions for the Charter, they should be forwarcled to the Commission. Mayor Liebl said he d�d not believe a person should be forced to resign a position because he is running for another office. He said he thought this would allevlate the competition. He said he did not care if any of the members of the Council wanted to run against him and were still seated oxi the Council. Councilman Utter said this was brought up as an example, and he could not see this proposal when it applied to the members of the Council and Mayor. Mayor Liebl asked the members of the Council what they thought the 7ob as Mayor would be worth? He questioned if the salary for such a posi- tion would ever compensate for the time involved. He said he earns every twenty five cents an hour he makes. He added, there are many very competent people in Fridley that would not serve on the Council because they think they would not get anything out of it. ' Councilman Breider said he did notthink the City could pay an in�ividual enough to serve on the Council. He said the person would have to want to serve in the public office. He said there would be so many ways to make more money in the same amount of time. Councilman Breider said the present wording in the Charter is to the effect that the elected officials be allowed reasonable compensation for their time. Mayor Liebl said the Council could set the pay for the next year in advance and state that it would stay the same for a set number of years. He said this way the man running for office would know what he is getting. Councilman Breider said this would restrict the future Councils. He said the factor of inflation would have to be considered. He said the man on the Council in the future would end up in worse shape than what the Council is at the present time. Mayor Liebl said he would like to see better relations between the staff and the City Manager. He said in some cases, it takes a century to get something done. He said perhaps the Charter can be changed so the City Manager couldobtain some help in executing services. He said he would like the Charter to satisfy the requirements of the Council and make them more responsible to the people Councilman Nee said he did not think the question is in the Charter. He stressed he did not feel there was anything wrong with the Charter. � He added, xt as a model Charter which had been obtained from the League. He said �tdoes de£ine relatianships, and i£ the City j.s not livzng w��`thin tRe de£inition, this is the trouble. MOTION by Councilman Utter to receive the communication from the Charter Commission requesting suggested Charter changes be submitted from the members of the Council dated, June 23, 1973. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ��;�� REGULAR COUNCIL MEETING OF JULY 2, 1973 PAGE 27 Councilman Starwalt asked if the suggestions should be reviewed by the Council before they are submitted to the Charter Comm3ssion. Council- man Breider said the suggestions would be from the individual members of the Council, not submitted by the Council as a body. BRAU�R AND ASSOCIAT�S, INC: RESPONSE TO LETTER FROM LEAGUE OF WOMEN �rnm�nc rrFnr_rrF rFTTFO arcn rrrrriTnFn rrr nr_Frrnn� • MOTION by Councilman Utter to receive the letters from Brauer and Associates in answer to the letter by the League of Women Voters, dated, June 25, 1973 and also the communication from the League of Women Voters, signed by Barbara Hughes and .Tean Schell, with no date. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. LAWCON: CHECK FOR NORTH PARK - PHASE II PROJECT (LW27-00476): MOTION by Councilman Utter to receive the communication and check from the Office of Local and Urban Affairs, signed by James J. Selem, Director, dated, June 27, 1973. Seconded by Councilman Nee. Upon a voice vote, all voting_aye, Mayor L3eb1 declared the motion carried unanimously. MINNESOTA HIGHWAY DEPARTMENT: FRIDLEY'S REQUEST FOR SIGNALIZATION AT 73RD AVENU� ON T. H. 65: MOTION by Councilman Breider to rece�ve the communication from the Minnesota Highway Department in regard to the request of the City Engineer for a traffic signal on 73rd and T. H. #65, signed by W. M. Crawford, Acting District Engineer, dated June 18,1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. The Cit} Attorney said it takes time to obtain anything from the Highway Department. Mayor Liebl said they would have to be asked at least five times. MayorLiebl said it took the same repeat�d action to obtain the beautification pro�ect on T. H. #47. ADJOURNMENT: MOTION by Councilman Breider to adjourn the meeting. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Regular Council Meeting of July 2, 1973, ad�ourned at 12:00 midnight. Respectfully submitted, � �,.I�C�t-C'-r�e�i �� -C.�-(� i'1'G,�' ,L.� � ' �.�.�i. � Patricia E11is Frank G. Lieb1, 1�ayor Secretary to the City CounciJ. � � I,I