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08/06/1973 - 00016296� TH� MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF AUGUST 6, 1973 � � � The Regular Meeting of the Fridley City Council was called to order at 7:40 p.m., August 6, 1973, by Mayor LieUl. PLEDGE OF ALLEGIANCE. A4ayor Liebl led the Council and the audience in saying the Pledge of Allegiance to the Flag. INVOCATION: The Invocation was offered by Father Ed Chmielewski. ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT, PRESENTATION OF AiVARD. Utter, Nee, Breider, Starwalt, Liebl None C�RTIFICATE OF APPR�CIATION TO OFFICER NEIL DUNCAN Mayor Liebl called Officer Neil Duncan forward to receive the award and read, the certificate aloud. 1�layor Liebl congratulated Officer Duncan and told him to keep up the good work. The other members of the Council also congratulated Officer Duncan individually. PRESENTATION OF PL1\OUE TO CITY bL4NAGL�R, yIR. GERl1LD R. DE1VI5: Mayor Liebl read the inscription on the plaque to the City Manager. Mayor Liebl tiianked Mr. Davis for all of his help over the past two years. APPROVAL OF MItQUTES: PUBLIC HEARING MEETING, JIINE 11, 1973 MOTION by Councilman Nee to adopt the minutes oL the Public Hearing meeting of June 11, 1973 as submitted. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor LieUl declared the motion carried unanimously. REGULAR COUNCIL MEETING OF JUNE 18, 1973. Councilman Starwalt said there is a change he would lzke to makc on page 25, paragraph 9. He added, the work repeal should 6e changed to appeal. MOTION by Councilman Starwalt to adopt the minutes of the Regular Council meeting of June 18, 1473 as amended. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor LieUl declared the motion carried unanimously. SPECIAL COUNCIL ME�TING OF JUNE 25. 1973 MOTION by Councilman Starwalt to adopt the minutes of the Special Council meeting of June 25, 1973 as presented. Seconded Uy Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. �� REGULAR COUNCIL ML��TING OF AUGUST 6, 1973 RLGIILAR COIINCIL b1EETING OF JULY 2, 1973. PAGE 2 �4ayor Liebl said there should be a change on page 26, paragraph 1. He said in order to make any sense of the statement the wor�l electorage should be changed to electorate. �40TION by Councilman Nee to adopt the minutes D4eeting o� July Z, 1973 as amended. Seconded Upon a voice vote, all voting aye, Nlayor 1.ieUl carried unanimously. PUBLIC II�ARING MEETINC OF JULY 9, 1973, of the Regular Council by Councilman Utter. declared the motion NIOTION by Councilman Nee to adopt the minutes of the Public Hearing Meeting of July 9, 1973 as submitted. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motinn carried unanimously. REGULAR COUNCIL bIEETING OF JULY 16, 1973 b4ayor Liebl referred to page 4, paragraph 6 of the minutes and stated there are many spelling errors in the minutes of that meeting, but he would like to correct this paragraph because the meaning of the staternents were completely reverscd. Mayor Liebl said the word discusses should be changed to discussed, reading further into the paragraph he said there should also be a change in the sentence that reads "this is a politically orientated or partisan matter", and it should be "this is not a politically orientated or partisan matter" Mayor Liebl said thereis also a change in the next sentence which reads "He said it is not a matter which would enable young people to" He added the sentence should read "I-Ie said it is a matter wlu ch would enable young people to". D10TION by Councilman Breidcr to adopt the minutes of the July 16, 1973 Regular Council Meeting as amended. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Councilman Breider said he concurred in tlie recommendations of the Council tahich were made in his absence at that meeting concerning the storm sewer and 7th Street matters. ADOPTION OF AGI:NDA: D4ayor Liebl said there would be an addition to the estimates section of the agenda including an estimate from Lawrence Sign Company for the Liquor Store sign. Councilman Nec said he would like to add a communicatZOn from Mrs. Barbara Koropchak requesting permission to have a neighborhood party in Logan Park. The City �lanager said he would also like to add the appointment of Ralph Volkman to the Superintendent of Public Works position. A40TION by Councilman Nee to adopt the agenda as amended. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. r � , II L_. RBGULAR COUNCIL M�ETING OF AUGUST 6, 1973 VISITORS MR. RICHARD YOUNG, FRIllLEY JAYCEES: PAGE 3 � Mr. Young addtessed the Council and said he would like to present an award of a so£tball to Mayor Liebl for his support and participation in presenting plaques to the softUall teams. He added, Mayor Liebl has participated in the event for several years and the Jaycees would like to express their appreciation for his personal services with the presen- tation. Mr. Young said by the placing He added, this Fridley by the the thank you of a new park sign is being Jaycees. to the City oi Fridley was sian on the corner of 61st presented to the people of being accomplished and 7th Street. the Czty of Mayor Liebl thanked Mr. Young and said the people who had come to the facility were very pleased. He said both those who had participated and also the members of the Jaycees should be thanked for the decent and orderly manner in which the tournament �a�s handled. A4ayor LieUl said he would also like to thank Mr. Paul Brown, Director of Parks and Recreation for his hours of work and organization of the event. The method of cleaning up the facility was also excellent. � Mr. Young said those who were in attendance at the tournament had nothing but praise for the conditlon of the parks He added, they had compared their own fieZds and said their fields were like cow pastures in com- parison to the fields of Fridley. He said he would like to thank the Parks Department for their efforts. CONTINUED PUBLIC HEARINC ON PROPOSED ANI�NDML�NTS TO ORDINANCE �522 - CABLE TELEVISION. AND R�CEIVING CONIMUNICATION FROM MR. SOL SCHILDHAUSE, CHIL'-F, CABLE TELEVISION BUREAU, FEDERAL COMMUNIGATIONS GOMMISSION. AND RECEIVING COA4f�IUNICATION FROM FATHER �ll CHMIL'-L�WSKI, CFfAIRNIAN, PRIDLLY CATV COMMISSION: MOTION by Councilman Utter to continue the Public IIear�ng on the proposed amendments to the Cable Teievisaon Ordinance #522. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously, and the Public Hearing continued. Mayor Liebl reviewed the events relating to the proposed amending of � the Ordinance. He said there had been communications from b4r. Virgil Herrick, City Attorney, Father Ed Chmielewski, Chairman of the CATV Commission, Mr. Sol Schildhause, Chief of the Cable Television Bureau, and a letter drafted by Councilman Nee and signed by b4ayor Liebl on behalf of the Council to the Chief of the Cable Televiszon Bureau, Federal Communications Commission. � R�GULAR COUNCIL �4EETING OF AUCUST 6, 1973 PAG� 4 rviayor Liebl said as he interprets the letter, it will be mandatorv to comply with the F.C.C. requirement that the gross subscriber revenues will not be figured to compute the percentage of payment to the City. He said this would exclude the monies obtained through advertisers. IIe continued, the Clty Aitorney hacl subtnitted a proposed amendment for Council consideration which taould incorporate the payment of So of annual gross subscriber revenues to the City. D4ayor Liebl said Father Ed had also reconunended the Crty submit the amendment to read So of the gross subscriber revenues. He said if there is some change in the future which would allow the City to raise this amount, it could be done at that time. Mayor Liebl referred to the tape which had been made of a conversation betiween b4r. Dean Caldwell, h1rs. Barbara Hughes, and Mr. Mike Holland and said he hoped the members of the Council Yiad reviewed it. i-Ie expressed the hope there would be some change in the regulations of the F.C.C. Nlayor Liebl said he believed the Ordinance should be adopted at that time_because of the following reasons. 1 A Public I-Iearing has been held pursuant to the City Charter and will continue now, and anybody who wants to be heard will be heard. 2. The F.C.C. has clearly indicated in its response to the � City's .7uly 3, 1973 letter, that no certificate of com- pliance will be issued without the amendment being made. 3. The F.C.C. has favored compliance with its rules. 4. The Citizen's Committee supports the amendment. 5. The Council in the July 3, 1973, letter to the F.C.C., clearly stated that we did not desire to delay certifica- tion of the Cable system while it was seeking the information which now has been provided. 6. General Television is clear to construct the system. It has purchased land, contracted for construction of the studio and office complex and the physical plan for a Cable Tele- vision system, even though the Company has not reccived approval of certiPication. Mayor Liebl said he would like to thank Councilman Nee as he had a valid question and concern. The Council concurs in his ideas on Section 33 of the Fridley Cable Television Ordinance which contains the severability clause which clearly protects the intent and pur- pose of the Ordinance in eventof part or parts of the Ordinance being deficient. � REGULAR COUNCIL MEETING OF AUGUST 6, 1973 PAGE 5 r L� , Mayor Liebl re£erred to the letter which was sent to himself after the members of the Council had authorized him to szgn the letter to the ChieF of the Cable Television Bureau, Mr. Sol Schildhause. R4r. Schildhause answered the Council's letter and �4ayor Liebl said he thought the letter to be self explanatory. He added, Mr. Schildhause had quoted from Supreme Court Cases, United States versus Southwestern Cable Company in 1968 and United States versus Midwest Video Corporation in 1972, one of the latest cases. Mayor Liebl said the Federal Communications Commission has established a thorough certification procedure in which the certificate of compliance will be issued upon completion of appro- priate application. I� Mayor Liebl called on Father Ild and asked him if he had a chance to read the letter of reply from Mr. Schildhause7 Father Ed said he would like to discuss whether or not the F.C.C. has the authority or not. He said he did notthink the City of Pridley would be prepared at this time to go into a ivholesale litigation. He added, the Cable Television Industry would be becoming a much larger industry and perhaps as this becomes a reality, some of these requirements would be modified. Father Ed said he had tried every way posszUle to investigate the sections in question and has every confidence that the request for So could be �ustified and there are a number oE ways that this could be done. Father Ed said the Commission has a strong and good set of bylaws and he thought there would be no problem in �usti- fying the S$. Mayor Liebl asked Father Ed if the F.C.C. would in the future change its requirements, the Council could call a public hearing and amend the ordinance. Father Ed said it should be so amended. He said at this time the City would have to �ustify the added amount to the F.C.C. �fayor Liebl said as he read the letter from the Chief of the Cable Television Bureau, he wanted to substantiate in his own mind that if the Council would ask for the So, in the minds of the members of the Commission and Father Ed, could they do this and not Jeopardize the certifieation� Father Ed said ln his opinion, this could be done. IIe added, as he had said on the tape, he did notthinx the certitication would be �eopardized. Mayor Liebl said he would like to get the business going and if the F.C.C. would gi��e the City a broader field, this is what could be done. He said at the present time with the expenditure of two and a half million dollars by the Company, this business should get off the ground. Mayor Liebl said he would see a great benefit to the schools and the tax payers of Fridley. He added, this would allow for educational facilities. Mayor Liebl said he thought that Father Ld had answered his question and � he had wanted the statement made for the record because as the Mayor of the City, he wanted to know the legal position of Chairman of the Commission as it was his place to give the Council advice on what to do. Mayor Lie61 said in the opinion of the Chairman of the Commission the ma�ority of the Conunission ls in concurrence Father Ed said they did concur with the ma�ority of the amendment to the ordinance in such a way that they supported the request for the So of the gross subscriber revenues should be asked for. I-Ie added, their reason for tlizs is that they thought they could �ustify the need. � RBGULAR COUNCIL MEETING OF AUGUST 6, 1973 PAGE 6 Mayor Liebl referred to page 1-A of the agenda in whlch the deleted , portion of the ordinance along with the proposed amendment to the ordinance appeared and asked if the portion crossed out is deleted and the proposed amendments are passed, would this take care of the requirements oF the F.C.C.? The City Attorney said the first amendment deals with the defini- tion of the gross subscriber revenues and the second portion amends the amount of payment to the City. He said this is not what he is suggesting Uut, what thc ma�ority of the Commission had recommended at their recent meeting. He said he had only put in the necessary language. Mayor Liebl asked the City Attorney if he had reviewed the letter from the Council to D1r. Schildhause and also the letter from Mr. Schildhause to himself? Rlayor Liebl said there were results of cases concerning the Cable Te�evision certification in 1972 referred to in the letter. He asked the City Attorney if as legal Counsel for the Council, would the F C.C. have the authority to deny certi- Eication and woul.d he advise the Council to go to 3%? The City Attorney said no. Mayor LieUl asked the City Attorney if he thought the City would have substantial grounds and rules that they would be able to go to 5%7 The City Attorney said he thought they should try the So. Alayor Liebl asked if there had been any changes which may �eopardize the Crty obtaining approval for the So. The City � Attorney said not that he was aware oP. blayor Llebl addressed Mr. Robert Hinkley from General Television, Inc., and asked him if the Company is willing to support and con-- tinue to support the position of the Council if they were to adopt the first reading of the amendment ordinance? Mayor Liebl also aSked if the Company would also support the City if in the future the F C.C. would allow the City a larger gross subscriber percentage. I-Ie asked for assurance that the Company would not Qppose the City in court at that time. A1r. Hinkley said the Company would support the City. A4r. Hinkley said if it would be in order, he would hke the amendment to be read. Mayor Liebl read aloud the prDposed amendments to the Cable Television Ordinance #522 as proposed by the City Attorney (Sections 405.011 and Section 405.05). D4r. Hinkley said he thought this was a very fair solution and General Television would be happy to support the Council in the matter. He said if the Company were to receive certification based on S%, it would require the Company submitting a letter to the F.C.C. as well. Mr. Hinkley said they would be happy to submit such a letter of support and establishing a need. He said the Company taould be prepared to do this if this is what the Council would decide. He stressed the Company would support the Council in trying to obtain ' the S � . � �I REGULAR COUNCIL A4EETING OP AUGUST 6, 1973 Mayor Liebl asked Mr. Hinkley how the Company was coming first Ward, were they on schedule? Mr. Hznkley said they so far. He said the building site is now prepared and he the footings would be set into the ground later on that ';r n PAGE 7 along in the are on schedule understood week. Mayor Liebl asked if the other members of the Council had any questions7 Councilman Starwalt said as the Council would recall, he had taken issue with the change in the Ordlnance, but he realizes after the hearing that the Council would have no choice but to change the Ordinance I-Ie said he was reluctant to agree with the amendment. He said he did not want to move from gross operating receipts to gr�ss subscriber revenues, but he did realize now that the F.C.C. would not look favor�hi� on the application ior certification without this chance in the Cable Television Ordinance. Councilman Nee said he would like to ask a couple of questions. IIe said he is concerned about their answer. Councilman Nee asked the City Attorney if he was convinced that F.C.C.'s �urisdication is good? The City Attorney said he had received the letter from Mr Schildhause from the administration a few days before and he did not think he could add anything more than what was contained in the letter. He said in the excerpts from the most recent Supreme Court decisions made refer- ence to in the letter, it seems to be fairly Uroad in that nothing specifically relates to the question that the City is raising, but it did ��dicate that the court felt that because it was a new and emerging type of public development that it would be unreasonable to expect that the statute giving the F.C.C. power over communications industries would have specifically spelled out these xtems. The City Attorney added, as the court sees because this is a neu method of communicatzon in principle, the F.C.C. would have the �urisdiction to r�gulate. He said it would seem to him that it would be an uphill battle to win legis- lation against the F.C.C, and he thought the City should question the practicality of this route. Councilman Nee asked if it would be practical for the Attorney General to take this action on? The City Attorney said he did not think he would win. Counczlman Nee said he had the material concerning one of the Supreme Court cases in front of him and there had been a tie vote on a very specific question. He said the final vote was 4-4 and had been broken by the vote of Justic� Berger. Councilman Nee cont�nued by saying with the four, four vote, Justice Berger very reluctantly voted en a very simple and straight forward question of whether or not they had the 7urisdiction to require local origination. Councilman Nee said this was in the case of the�United States versus Midwest Video. � Councllman Nee said it would be impossible to ao ior a declaratyry �udg- ment unless there is an issue. He added, he �hought the point of the letter from Mr. Schildhause is that first of all, the certification has not been denied, and secondly, he did not say it would be denied and in fact at this point if he had said it would be denied, it would be a fairly straight forward suit. � R�GULAR COUNCIL MEETING OF AUGUST 6, 1973 PAGE 8 Councilman Breider said he had a question he would like Councilman Nee to answer. If the case was started, and have a basis, there are two points being talked about, one the right of municipalities to use revenues for tax and the other is the question of setting the rate to whatever is wanted for programming. He added, the F.C.C. said on one hand that a community may levy only that what is needed for providing public access and public programming which Fridley's CATV Commission would formulate, and on the other hand, it is the authority of the municipality to levy a tax. Councilman Breider said if the City would start thinking about taking a case to the Attorney General, and the F.C.C. and base it on the fact that the money is needed for public access, and public programming, this would be one factor. He said the problem in his mind is that the gentlemen from General 'Television have done a substantial amount of work in laying cable and constructing the building. He said the City has been speculating all along about how much the public pro- gramming would actually cost the City, and this is really not known at this point. He added, this is something the CATV Commission would have to formulate and come up with some figures. Councilman Breider said the problem is, does the City begin litigation prior to the cable system starting and finding there is a valid reason for asking for the So gross operating revenue rate, or does the City speculate and hold up construction until such time as is determined for these decisions. He continued that he is all for the idea of increasing the revenue if it is needed, but it is �ust like going �o the Suburban Rate Authority when they asked for a great deal of money because they knew they were going to need that much and now, they are to the point where they do not ask for anythi�g because they have enough. He said he believed the question becomes whether this should be done before or after the City's system is operational. Councilman Nee said the critical question is whether the gross oper- ating revenues or the subscriber revenues are used, and that question is not going to make any difference to the commission in the immediate luture in terms of money. The City Attorney said he would like to make a suggestion. The amendment would have to be passed on two readings, and it could be passed on the first reading and the second reading could be a week to two weeks from the present meeting or whenever the Council sees fzt. Perhaps between those readings, he continued, if the Council would want him to meet with the Attorney General's Staff, he would be willing to do that to try and clarify the situation. Mr. Hinkley said he would like to make a brief statement on two observations. Fxrst oI all, So based on current figures of $S.SO per month is a sizable sum of money in the event the Company were able to achieve SDa saturation, in three to five years that would ' be 5,000 subscribers probably, which would be $16,500 per year to the Cable Commission and to the City. He said he wanted to point out to the Council that this would Ue a fairly substantial amount of money. Secondly, he said in response to Councilman Nee's comment as he reads b'Ir. Schildhause's letter, it is absolutely clear the certificate uill not be forthcoming if this amendment is made. � � ' � REGULAR COUNCIL MEETING OF AUGUST 6, 1973 PAGE 9 � Mr. Hinkley said on the front page of that letter to the City, the second paragraph Mr. Schildhause said "As no ob�ections have been filed against this application, it is subaect to reasonably promptaction once it has been determined that the application in its entirety, is conszstent with our rules." Mr. Hinkley said he read that to mean that until it is consistent in its entirety, no certificate will be forthcoming or the certificate will be denied. He said on page 3, there is a sentence at the bottom of the page that says, "itihile no federal laws require local officials to adopt franchises consistent with oux rules, similarly the Commission is under no obligation to issue a federal authorization on the basis of a franchise which is inconsistent with its guidelines." Mr. Hinkley said he read that to be a quite clear indication that no certificate will be forthcoming until it is consistent with federal guidelines. Mayor Liebl said after reading the letter, he felt that the F.C.C. has the power under the guidelines to deny the certification and this would put ihe system right back where it started from. Mayor Liebl said this would also create a possible law suit by the Company on the Council and the City. He stressed the members of the Council should not forget this fact. Councilman Nee said what he would l;ke to propose to the Council is that they would give him one week ta put something together in writing for � each of the members, the City Attorney, members of the Commission and Mr. Hinkley. He said he would like the City Attorney to explore the matter of if the Council abandons this position and the franchise, would there then be grounds for litigation or possibilities. Councilman Nee said he would ask that the Council postpone its decision until tlie next meeting of the Council. Councilman Utter said he thought S% of gross revenues would be great, and maybe even 3% of gross revenues would be great, but he did not think there would be much advertising right away. MOTION by Councilman Breider to close the Public Hearing. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public I-Iearing closed at 8.55 p.m. MOTION by Councilman Breider to receive the communication from Mr Sol Schildhause, Chief of the Cable Television Bureau, dated July 16, 1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, D4ayor Liebl declared the motion carried unanimously. MOTION by Councilman Brei�er to receive the communlcation from Father Ed Chmielewski, Chairman of the Cable Television Commission, dated July 27, 1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, �layor Liebl declared the motion carried unanimously. � Councilman Breider said he would like to make the motion to adopt the amendment to the Cable Television Ordinance for the following reasons: 1 C� REGULAR COUNCIL MEL�TING OF AUGUST 6, 1973 PAGE 10 The City has two cl.olces, it can ei�ther hold the Company up and estab- � lish the points that had been talked about that evening or tne Council can let the Company run and establish these points at a later date. Councilman Breider said he would like the City Attorney to establish a system of leaving the door open For the City after the system is operational for perhaps obtaining a method where additional revenue can be obtained if the need is justified. Councilman Breider said he is personally very pleased with the operations of General Television Company to date. He added, the building they have planned for the City is a very substantial building and they are laying cable at an accelerated rate. He said at this time he thought they were ahead of schedule Councilman Breider said he hoped that they could get this thing gozng to get the system operational by this fall. MOTION by Councilman Breider to adopt the first reading of the Ordinance to amend theCable Television Ordinance #522 as presented. Councilntan Breider asked if the Council should adopt a resolution stating the position of the City to the F.C.C. or perhaps he should talk to the Attorney General and find out what has to be done to participate in something like this at a later date. The City Attorney commented that he did not think he had the expertise or the time and he did not think the City of Fridley has the money to spend to take this on. He said it would seem to him that�if the � City is to look into the legal aspects of this matter, it wo�uld need some assistance from the Attorney General's Office and either the Attorney General or the City of Pridley would very likely have to engage somebody who`s specialty is in this area. Obviously, he added, the F.C.C. has a starf of attorney's that have grown up in this area who do nothingexcept practice that type of law. The City Attorney said he would be kidding the Council and himself if he indicated to the Council that he had the ability to take on this issue. The City Attorney said he had stated before, he would be happy to meet with Councilman Nee or anybody else and sit down with the staff at the Attorney General's Office and discuss the immediate question of i£ the Ordinance is adopted on second reading, what does that do to the position of challenging the F.C.C.'s authority. He said this is the issue that has to be answered first and he will attempt to get an answer for the Council on this before the second reading. SECON➢ED by Councilman Utter. Upon a roll call vote, Starwalt, Liebl, Utter, and Breider voting aye, Nee voting nay, Mayor Liebl declared the motion carried four to one. CONSIDERATION OF PIRST REAllING OF AN ORDINANCE ON TIME LIMIT FOR TRUCK MOTION by Councilman Breider to table the first xeading of an ordinance , on the time limit for truck parking. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. � � REGULAR COUNCIL NIEETING OF AUGUST 6, 1973 RECENING MEMORANDUM FROD4 ASSIST�INT CITY AND � �_ PAGE 11 PUBLIC S1IFETY DIRECTOR RECEIVIIVG LETTER FROM FRIDLEY JAYCEES R�GARllING NORTH SUBURBAN YOUTH SERVICES CENT�R: MOTION by Councilman Utter to receive the communication from the Javicees regarding the North Suburban Youth Services Center dated July 31, 1973 Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl read the letter aloud to the Council and audience. A4ayor Liebl referred to the other communications on the item and listed them. i�ayor Liebl suggested the City take some action to indicate their feelings on the Youth Center and forward them to the Anoka County Health Services Department. P�ayor Liebl said he understood there may be some problems in the format of the organization and c�uestions concerning the method of counseling the young people. Mayor Liebl said if the Youth Service Center would help 10 to twenty young people, he would consider the organization worthwhile. Mayor Liebl said as a father and a member of the Council, he would like the City Council to make a statement of support for the center. Councilman Breider said he hoped the Council tiaould delay the action to contribute the $1,000 of funding to the Center in 1974. He added, the Center is not in need for funding for 1974, and it would require money in greater amounts in the future. Councilman Breider referred to the memorandum submitted by the Public Safety Director and said there is some question in the methods of referral and counseling procedures. IIe said there is a problem with establishing the qualifications of the number of volunteers and the program is loosely organized. Councilman Breider mentioned there are cases baing referred from the courts and also the Health Board and the procedures should be set up if the Center is to have a chance of obtaining funding in the futuxe. He said the procedural questions should be worked out to enable the people using the center to get the proper professional treatment. He said the counseling should not turn the young people in a negative way, this could be dangerous. Councilman Breider suggested the City Attorney be directed to send a letter to the County Administration and the County Health Board requesting they check into the procedtires of the Center including and asking For sound methods of referral. Councilman Starwalt saicl he is fu11y aware that there are young people in the area that need counseling and by people with expertise in the area. � He said he still has some qualms about the methods which would circumvent the family. Councilman Starwalt said he had discussed the matter wit]i many people and they had stated their opinions on the pros and cons of the Center's operations. Councilman Starwalt said he thought the City should take action to direct the questzons to the County. � > REGULAR COUNCIL MEETING OF AUGUST 6, 1973 PAGE 12 Councilman �reider said he thought the method of asking the County to determine whether the procedures and methods of the Center are adequate for th3s type of operation would 6e better than having each individual Community in the area being servea by the Center to take the matter into advisement. IIe said he would like to know if the people doing the counseling are adequate and if they are doing the,counseling in the areas they have been trained to do it in, He said many of the problems experienced b}' the young people stem from family problems. I-Ie said it is possible that those doing the counseling are not qualified to do this type of work. He said he did not Lhink the City could come up with the d2tails, but he did think the County could. Mr. Young said as president of the Jaycees, he is concerned about the young people in the area. He said this concern of the young people has been an ob�ective of the organization in the past and now. He said he did not think of the community in a sense of geographical boundaries. He said the Jaycees on a nation wide basis support activities to aid young people. He said he thought if the City would back down in their support for the Center, the area young people would suffer. A4r. Young stressed the need for this type of service as Anoka County is second in line to Rarrtsey and Hennepin in known venereal disease cases, in the State of Minnesota. AQr. Young said 250 of the youth being served by the Center come from the City of Fridley. IIe said he did agree with the concerns of ' Councilman Starwalt as they related to the family. He said as a teacher, he has talked to young people in all age groups and one of the main problems with the young people is that they are unable to speak to their fathers and mothers. He added, all age groups are able to participate in the services of the center. Mr. Young said if the parents do not take the time to talk to the children when they are three, they certainly cannot talk to them when they are 15, 16, or 17 years of age. He said often the father is too busy watching the football game on television on a Sunday afternoon, and cannot be bothered. �Ir. Young said he knew that the Center used certified guidance coun- selors. He said the young people do have a place to go and talk to someone, they will do this or suffer Uy not talking with anyone. Mr. Young stated the need for personal guidance in the cases of veneral disease and pregnancy, He added, the young person cannot go to the family doctor, because he tvould inturn get in touch with the mother and father Mr. Young recalled a recent ruling where anyone can go to a doctor with venere al disease,and this confidence cannot be betrayed. Mr. Young said the Jaycees budget had been completed before this item was presented, but the Jaycees planned on trying to contribute funding to the Center in the amount of $250 or $300. MOTION by Councilman Nee to direct Councilman Breider to prepare a resolution stating the support and concerns of the Przdley City Council concerning the North Suburban Youth Activities Center with the assis- tance of the Public Safety Director for consideration of the Council at the next meeting Seconded by Councilman Utter. Upon a voice vote; all voting aye, A4ayor Liebl declared the motion carried unanimously. � � �J 7 c) REGULAR COUNCIL �fEETING OP AUGUST 6, 1973 PAGL� 13 CONSIDERATION OF APPROVAL OF L. S. #73-OS, BERNARD JULKOWSKI, TO SPLIT OFF PART OF LOTS 6 AND 7 A.S. �153, TO ll�VELOP LAND �ITHER MULTIPLE OR The CiCy Engineer said there is a concern of the parking problems in the area. He added, in 1964 all of the property was under the control of Mr. Julkowski and since that time a part of the property was splzt and sold as an apartment complex. The City Engineer said the apartment complex now has 40 parking spaces and this is short of the requirement of the City code. He said there has been an attempt made by Mr Julkotaski to sell the portion of land in question to allow for additional parking for the apartment complex. He said the negotiations For sale have not come to any polnt of settlement to date. The City Engineer said he would suggest the land in question be utilized by some sort of business which would only require limited parking or from S-8 parking spaces. He said he would suggest this solution of the situation iL- legally possible. He said this would allow Mr. Jullcowski to construct some commercial enterprise in the area. Mr. Julkowski said he had built the apartment building 9 years ago when the complex was according to code and it has been sold three times He said at the time of construction the building con£ormed to all regu- lations by the City. He said at this time he would like to do some- thing with the additional piece of land. Mr. Julkowski said the Plats and Subs Subcommittee had recommended the Council approve the lot split and the Planning Commission has also recommended the Council approve the split. He said ]te had made this request and attended meetings concerning the request five times in nine years. I-Ie said the piece of property has been split by the County and also by the Finance Company. He said at this time he would need a Uizilding permit to contlnue to develop the land. He said the matter that he is paying taxes on the property and also paying for the removal of the weeds must be considered. Nlr. Julkowski said he did not think he should be forced to sell the property to the apartment owner. He said he did not want to complicate the issue, he just wanted to build on the property, as zt has been split by the County, he would like to have it split by the City. Mayor Liebl said he knew of the situation, and there are some problems with his neighbor. He said he is aware of the parking problem and the recommendations from the subcommittees, but the members of the Council would have to look at the matter as what is best for the entire City of Fridley. He said there are problems with the parking and other considerations also. Mayor Llebl said the Council would have to go along with the recommendations of the 4Vard Councilman in the matter. MOTION by Councilman Starwalt to grant the lot split to Mr. Bernard Julkowski as requested. Mayor Liebl asked if there would be any problems arising from thzs action. � d� REGUL�R COUNCIL ME�TING OF AUGUST 6, 1973 PAGE 14 The City Attorney suggested the matter be tabled until the adminis- tration has met with DIr. Julkowski and determined the limits. He said he would like this estaUlished to the type of commercial building to be constructsd there. he said there is a very serious problem with the size and the shape of the lot. He said frankly, he thought the property should be used for the ovexflow par�ing or a definite restricted type of use be determined. He said the use should be determined by the parking problems. He said he would like to present the same type oP agreement that had been drawn up between the City and Erickson Brothers. He said then a reasonable use would be worked out and they would not be creating a more severe problern than exists at the present time. COIINCILAIAN STARW6\LT SAIll HE WOULD LIKL TO 4VITHDRAW �IS MOTION APPROVING THE LOT SPLIT. Councilman Starwalt said he would like Mr. Julkowski to attempt to sell the property to tize apartment owner again. b40TTON by Counczlman Starwalt that Mr. Julko�yski be directed to work withthe Engineering StafF to come up with a suitable use for the property. Seconded by Councilman Breider. Upon a voice vote, all votzng aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF PINEIL PLAT P. S. #73-04, VEIT'S SECOND ADDITION, BY Mayor Liebl read the stipulations suggested by the Community Devel- opment Administrator, y1r. Darrel Clark, in his letter to Mrs. Londa England, dated July 23, 1973. MOTIOV by Councilman Nee to approve the final plat with the stipu- lations recommended by Mr. Darrel Clark as follows' 1 Show a six foot drainage and utilfty easement along the following property lines• a. South line of Lots l, 2, 3, and S b. West line of Lots 1 and 3 c. �ast line of Lots 2, 4, and S 2. Submit a letter to the City acknowledging that Lot 1, B1ock 1, is not a buildable lot and that until other lands are com- bined with it, no building permit will be requested on said lot. 3. Above letter shall also indicate that if and when the City of Fridley requests a forty foot wide street and utility easement across Lot 1, Block 1, Veit's Second Addition, the owner tieill grant said street and utility easentent without any cost to the City of Fridley. Seconded Uy Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. 1 LJ � � !� REGULAR COUNCIL MEETING OF AUGUST 6, 19%3 CONSIDERATION OF TABLING OF 1974 BUDGET UNTIL A LATER DATE PAGE 15 MOTION by Councilman Breider to table the consideration of the 1974 budget until a later date, Seconded by Councilman Btter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. APPROVAL OF SALARY SCHEDULE FOR ADbIINISTRATIVE P�RSONNEL FOR CALENDAR YEAR 1974, EFFECTIVE JANUARY 1, 197 MOTION by Councilman Utter to receive the Salary Schedule for Admin- istrative Personnel for Calendar Year 1974. Seconded by Councilman Starwalt. Mayor Liebl asked if this motion would be to receive and concur. Council- man Utter said he had some questions on the schedule. Councilman Breider said he would not like to concur at this time. UPON A VOIGE VOT�, all voting aye, Mayor Liebl declared the motion carried unanimously. Councilman Nee asked if the City Attorney would advise the Council on the item. � The City Manager said there are guidelines oF S.So and this would be consldered the requirement for the overall City average. He said this group represented a 6.2%, but the average would proUably come to the S.So on the overall City figures. The City Manager said he did not know at the present time what the overall percentage would Ue. � Councilman Nee said this would be regulated by law. The City Manager said he did not know what the state of the overall budget would be at this point, RECEIVING THE MINUTESOF TH� PLANNING COMI�4ISSION M�ETING OF JULY 18, 1973 APPROVAL OF PROPOSED ANOKA COUNTY LI�RAR� LQCATIQN AT MISSISSIPPI .�. MOTION by Councilman Utter to approve the proposal for the Anoka County Branch Library to be constructed at Mississippi Street and Sth Street. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ARMORY REQU�ST: The City Engineer said this item had been continued at the Planning Commission level, and there was no action necessary at this time. RLPORT ON SPECIAL US� PERNtIT FOR AUXILTARY BUILDINGS The City Engineer said there was no action to be taken on the matter at the present time. MOTION by Councilman Nee to receive the A4inutes of the Planning Commission Meeting of July 18, 1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the morion carried unanimously. 1� R�GULAR COUNCIL MEETING OF AUGUST 6, 1973 PAGE 16 RECEIVING TIIE b9INUTES OF THE BUILDING STANDARDS DESIGN CONTROL � SUBCOMMITT�� A4EETING OF JULY 26, 1973 CONSIDERATION OF A REOUEST TO CONSTRUCT AN ADDITION FOR ADDITIONAL T The City Engineer said the items on the agenda concerning the request for an addition as submitted by Designware Industries and also the modification of the plan for the construction of the Fridley Bus Garage could be handled together as they are related in some aspects. Mayor Liebl said he thought the request should be taken care of separately. Counci]_man Breider said he would like to have them taken care of together if it would be possible The City Engineer said Designware Industries had submitted a re- quest to construct a 68 foot by 295 foot addition to their existing facilities. He said there had been a request for a variance submitted to the Board of Appeals and they had recommended approval � of the request. The City �ngineer said there would be sufficient parking for the present use, but the ordinances state a total of 81 spaces should be provided. He said he would suggest an agree- ment with the Company and the City that they will provide additional spaces when it is required by the City. Th� City Engin2er said there had been some discussion on modification of the plans, but they had not been submitted. Mrs. I-Ielen Trucnfels, Board of Appea3s, said Designware said they would provide plans, but she had not seen them. She added, the representatives of the Company had indicated they would comply with what the Board of Appeals had recommended. A4r. Richard Knoll, Plant Manager, Designware Industries, addressed the Council and said they would use split black or burnished block. A1r. Knoll said he would like to have some action on the matter as soon as possible so they could beat the snow b�ith the construction. Mr. Knoll said the Company would concur with the recommendations of the �oard of Appeals. He added, he thought they would end up using split block. Mayor Liebl said he would have to work on the drainage problem with the Lngineering Department. The City �ngineer said there is no serious drainage problem, He added, Mr. Christenson, Fridley Bus Company, is to provide a structure to proF✓ide drainage off the back of the property. He said he would like to get into the additional landscaping. , p ri i REGULAR COUNCIL MEETTNG OF AUGUST 6, 1973 PAGE 17 � Councilman Breider asked,howthe access to the front of the office building would be obtained. The City Engineer said there would be access from Mississippi and in the back. He added, there will also be a sidewalk. He said this would be on the south side of the building. He said there should be some stipulation on the permit stating the type business and the number of employees at thls tzme. The City Engineer said in the original plans submitted by A4r. Christenson for the Fridley Bus Company construction, there was a plan to obtain 25 feet of property from Designware and the nego- tiaiions have noC been fruitful. He said due to this factor, the plans had to be modified completely. The City Engzneer said according to the new plan, there will be no doors on the east side of the building. He said all o£ the traffic w�ll have to drive in and back up and turn around to exit. He sazd there is no longer plans to drive through the garage. He said the aggregate panels would still be the same and this would still be a metal building. Mayor Liebl asked if there would Ue any access from the north side or any doors to the garage7 The City Engineer said the only access to the building would be on the west side. He said they would maintain most of the trees by the use oL- tlzas plan and will do additional landscaping. I�Ie said tllere is the need For a larger variance. The City Engineer said he is still concerned about the construction being close to the creek. Ile said he would suggest � the 13 original stipulations be met by the property o�aner. The City Engineer said he believed this to be a better plan than was originally approved by the Council. The City Englnaer said there is going to be a service road, there is gozng to be drainage picked up by the Christenson property and thirdly, there is going to be a road constructed which would allow access into the Christenson property and would be constructed along side of the Designware property. The City Engineer said Main Street had been vacated in the portion which was to serve as access into the industrial and commercial property. He added, tlie ma�ority of the road would be on the Designware property with this company paying the majority of the assessments for the road. The C1ty Engineer said he had hoped that the two companies could come up with some sort of proposal to equalize the assessments. He said Mr. Christenson would be the prime user of the xoad. The City Hngineer said he would also like to mentlon the installa- tion of the fiire hydrant in tihe area He said this ls set Far 6ack and could be changed later on. The City Engineer said these are the questions which should be handled as one matter of- discussion between the two companies. � b4ayor Liebl said he could see why Mr. Brink �aas concerned about the amount of the assessment for the roadway access to the Bus Garage He questioned if the amount of Designware's assessment would 6e $11,D00? The City Engineer said thls was possible. He said he thought this would be a burden on llesignware. He sazd the road plans have been modified to not include curbing at this time. He added, he thought blacktop and not curbing would be sufficient for the bus traffic. �. �� REGULAR COUNCIL A4EETING OF AUGUST 6, 1973 PAGE 18 �4ayor Liebl said he thought the City should be very cautious because of the construction of the overpass. He added access- ability must be provided. Nir. Brink said he did not see ivhat a building permit for the Pridley Bus Company had to do with the Designware proposal. He sald he had been approached to sell 25 feet of his property to the Fridley Bus Company, but he is not too interested in selling the 25 feet if it means paying for an access road to the back of his property which is not needed by himself. He added, when this item had come before the various committees and the Council in the past, there was a 1ot of concern over the stipulations so the building size ti��as listed in the building permit. He said he did not think the items being discussed were being sorted out right at the present time, and he would like better definitions and would also like to see the building plan submitted by the Fridley Bus Contpany a little closer. Mayor Liebl said he thought the matters should be handled one at a time. He continued ssying this is a revised plan and if it is not accepted, there would,be no building permit. He said he would like to treat the items fazrly. Mr. Brink said the City Lngineer had hoped there would be some agreement on the negotiations concerning the road. He added, rt is very difficult to negotiate when the factors involved are not icnown. D4ayor Liebl said T1r. Brink would hesitate to pay for the road when he does not benefit from it. He added, Mr. Christenson needs the road for accessability to his garage. 1�4r Y:noll said he tiaas not aware of any drainage problem. He said the matters all depend on how this is looked at, and the representatives from the Company knew nothing of these factors. The City R4anager said there seems to be a lot of confusion, he suggested the representatives from the two companies go over the facts with the administration and return to the Council the next meeting Mr. Knoll said he disagreed with the City Manager, and he had to get the foundations in for the addition, and he would need a building permit to do this. He said he would like to get started be£ore the snoin� falls. He said he did not think they had to be concerned over the Christenson problems in deciding if Designware can be issued a building permit. Thc City Engineer said he would 11ke the stipulations for Design- ware to be as follows� � , � '� 1 , � 1 ;i� �_ � REGULAR COUNCIL MEETING OF AUGUST 6, 1973 1 2 3 4 E � PAGE 19 That the south parking lot be brought into code com- pliance tvhen the County submits final plans for the road construction North parking lot be temporary over a period of five years or when the City decides additional parking is needed. Burnished block be recommended for the outside of the building on the east side. That easements for a side of the property fire coverage. fire hydrant be provided on the west with a 300 foot span for adequate That easements for the existing storm sewer installed by the property developer be provided to the City. That the costs in the Resolutimi on page 19-C of the agenda be accepted. Counc3lman Breider said he thought in stipulation three as recom- mended by the Building Standards-Design Control Subcommittee could be left as it is and Designware will work out any problems of the storm sewer easement, sanitary sewer or drainage with the City Engineering Department. Mr. Knoll sald he had a question on wnich sewer was being talked about ln tlie stipulations. He added, this system had been installed by the City, not by the property owner. He added, because the City is wrong, does the Company have to make it right? The City Attorney said he did not think this could Ue disput�d as the system has been in there for more than ten years. Councilman Breider asked if the system drained the Designware property. Mr. Knoll said he did not Uelieve it drained the Designware property. He thought it drained Park Manor and the surrounding area, and none of the Designware property was drainsd through the system. Mayor Liebl asked Mr. Knoll where this property drained. He asked if it taas to the north. Mr. Knoll said not by the plat plan The City Attorney asked A1r. Knoll what zaas his ob�ection to the easements? 1�Ir. Knoll said this would make the lots useless as in- dividual industrial sites. Mr. Brink said this could be negotiated as an encroachment irom the placement of the system. The City Attorney asked what would Ue done as £ar as storm sewer is concerned when the land is developed. Atr. Knoll said ihis could be handled at that time. � ��!a R�GULAR COUNCIL b4EETING OP AUGUST 6, 1973 PAGE Z� The City �ngineer said Designware had been draining into Locke Lake and there were a number of problems because of chemicals in the system. He said the use of the chemicals in the system had damaged the system. R4r. Brink said he had brought this matter up because of the easements. The City �ngineer said there are two di£ferent lines and the storm sewer had been eroded because of the use of the chemicals. Mayor Liebl said the four stipulations from the meeting of the Subcommlttee would be agreed upon by the Company. NIr. Knoll said he hoped the Company could wait until after the completion of the underpass to complete the parking area on the south side. Mayor Liebl said he agreed with this as it would be a waste of money to complete the parking area and install the underpass and not allow the two to work together. Councilman Utter saZ d item number tnree deals tiaith the storm sewer easements. A4r. Knoll said he could not see any connection with this and the proposed addition to the building. Mr. Brink agreed saying any future developer could not build in the area. Nlr. Brink continued by saying this property doesn't belong to Designware industries. b4ayor Liebl asked if the question of the easements could be omitted from the stipuiations. The City Engineer said the Council could accept any or all of the proposed stipulations as he had recommended them. He said this is what has been done in the past, and the propertics are brought up ta the level of the code Councilman Utter asked if the City were to require the addition of the stipulation, could the company put in the addition. Mr. Brink said he did not think they should be discussing the easements when the sewer is not on the property owned by Design- ware. Councilman Nee questioned if there are two different properties. Mr. Brink said the property is owned by another corporation, not Designware. The City Engineer said the two companies have the same officers. The City Attorney asked who the otivner of the other property uras? Mr. Brink said it was Mr. Raymond J. Brink. The City Engineer said the question of easements is being dis- cussed at the present time. He said the Council should also be concerned about the problem of the right of way for the street. He said the problems have to be solved some time. Mayor Liebl asked thc City Engineer if the Council would approve the building permit, could the Engineering stand points be lived with. The City Engineer said no, he had given them four ohher stipulations the Company must have to live with. r � � .-� , �s REGULAR CQUNCTL MEETING OF AUGUST 6, 1973 YAGE 21 � Councilman Nee said one of those stipulations would be that Design- ware would pay for the road. The City Engineer said he had hoped the property otaners would get together and come to some agreement He added, the ad�oining property owners alzvays have to pay for a road, but Designware does not need this facility and Mr. Christenson does need rt. The City Engineer said there were two roads planned, one for industrial traffic and the other for residential on Main Street, but in 1964 a portion of Main Street was vacated and an industrial road easement was given next to the railraad tracks. Mr. Knoll asked where the fire hydrant was proposed to be installed. He asked 1f another lot would be cut up by this installation. He said all he was trying to get was a building permit. Councilman Breider said the Council was trying to work out the problems, and the easements would not have to be provided within the next month. The City Engineer said hewould lzke an aereement that Designware will provide the necessary easements and this does not have to be within the next six months. He added, this could be provided over a period of time. N1r. Brink said he was concerned about getting a building permit � and he would have liked to have started yesterday. Mr. Brink con- tinued by saying he did not thinkthe issuance of a building permit should involve an easement oii an ad�oining property. I�Iayor Liebl said he thought the Company should consider the point of the fire hydrant, once the building permit is issued, the City would not be liable if they could not provide proper fire protection. A4r. Brink said he would agree with the stipulation of the fire hydrant, but not the storm sewer easement. MT. Knoll read page two paragraph tl�ree of the minutes of the Building Standards-Design Control Subcommittee meeting. He added, the committee had decided the matter of the easements could be handled by the Engineering Department. iKr. Brink said he did not think an excavatlon permit given today would come to a sewer easement given today. j�aypr Liebl suggested that the four stipulations as set by the Sub- committee be approved at this time. He said the additional points can be taken care of in time. Mr. Knoll questioned if at this time if ne is to get a building permit, would he have to agree to the stipulations. Councilman � Utter read the motion of the Subcommittee Aleeting concerning the present matter. Councilman Breider said in his interpretation this would mean he would have to agree with all of the stipulations at this time. Mr. Kno11 said this had not been his understanding of the meaning of the motion. Mayor Liebl said he may be reading something into the motion. Mr. Knoll said the problem is far reaching and the City �ngineer was not present at the meeting. �7 *; � �:.� REGULAR COUNCIL M�ETING OP AUGUST 6, 1973 PAGE 22 The City �ngineer said before any member of his staff attends one of the subcommittee meetings, he meets with them to instruct them what the administration would like from the administrative side. Mr. Brink said he understood tiie four points. He asked if all the problems have to be worked out before the building permit is issued. Councilman Utter said yes. D1r. Brink said he had read stipulation number three to mean this would be worked out when needed. Councilman Utter said it would be hard to get the appli- cant to agree after the permit is issued. He said the City would iiot b� able to hold the applicant to any point. Mr. Brink said the third stipulation concerns many things. He added, this would concern how the property is to be used over the years. MOTION by Councilman Breider to approve the building permit with the four stipulations as recommended by the Building Standards- Design Control Subcommittee, and that Designware use burnished block or split biock on the exterior of the building and that representatives from Designware Industries work on the storm sewer problem with the Engineering Department and that the fire hydrant be provided as per negotiation with the Engineering Department. The City Engineer said the City would have two alternatives in acquiring the easement for the storm sewer, one, delay any action on any future requests in the area, and two, actually pay for it, and if this is done the people in the area would be assessed for Councilman Breider asked if the President of the Company could make a commitment for the Company. The City Attorncy said the sewer system was installed ten years ago and the City would have to relocate or preserve the system. Councilman Breider said the City is involved in enough law suits, and this could create a big problem if the storm sewer problem is not solved. He suggested something of mutual agreement be worked out on the storm setaer. He added, he thought something should be worked out when the City needs the easements. The City Attorney said the system is there, and the people should know it is there. As far as the fire hydrant is concerned, he did not think this should be put off to sometime in the future. The City Lngineer questioned what would happen if there was a fire on the cvest side of the property. He said this should be worked out witn the Engineering llepartment. He assured the representatives of Designware that no lots would 6e split by this installation that may be used for future expansion. Councilman Breider said the point on the fire hydrant would be acceptable with him and should also be acceptable with the Com- pany as this ivould involve their insurance program. Mr. Knoll said this point would have to be negotiated. it. , , REGULAR COUPdCIL MEETING OF AUGUST 6, 1973 PAGE 23 SW�Y � �o � Councilman Starwalt said the Council was trying to work out the points in question in the best interest of all in the long run. He added, somethings are a little difficuit to agree upon becausc some people make agreements in good falth and do not uphold the agreements. Councilman Starwalt said the City Lngineer �s trying to close those points which would be problems sometime in the Puture. He asked if it possibly nay be an adcantage to have some meeting tvith the representatives of Designware and also Fridley Bus Company and the �ngineering Department and have tlie item be brought back to the Council the following week for action? L_ ' � � Mr. Brink said it was unfortunate in his mind that the other party concerned in this matter would not come to agreement. He said the applicant had gone to all the various Boards and Subcommittees and also Council and had not obtained a commitment for the 25 feet to be purchased from his Company. He stressed that it is very unfor- tunate that this part had not been taken care of. Mr. Brink con- tinued that Mr. Christenson had now come up with another proposal. He said he would be open to pursue the matter if the other party would want to also. Councilman Starwalt said Mr. Christenson has nothing approved the present time on the modified plans. Councilman Starwalt questioned the possibility o£ coming to some agreement on the chase of the property. at pur- Mr. Brink said he did not think they could ask him to sell the property. Mayor Liebl said the Designware property request was being taken care of at this time, not the Christenson property. A4r. Brink said the other party was not reasonable to talk to in these negotiations, and he would be happy to talk to him again. He said the entire neighbor- hood is concerned about the proposed bus garage. Councilman Starwalt suggested the items be tabled with an honest attempt at negotlations being made in the meantime. SECONDE➢ BY COUNCILMAN UTTER. Mr. Brink said he was concerned about the interpretation of the stipulations, he added, one member of the Council had stated that the agreements tiJOUi�. have to be worked out bePorc the building permit would be issued. He said he would like tlus point to be clarzfied. The City Attorney said yes, this is correct. Tlie agreement would be a prerequisite to the building permzt. Councilman Breider said he would liica the point on the storm sewer easement to Ue negotiated The City Attorney said he was not talking about the,point on the storm sewer easement. Mr. Brink said he would like the question on the third stipulation of the Subcommrttee clarzfied. IIPON A VOICE VOTE, ALL VOTING AYB, Mayor LieUl declared the motion carried unanimously. The City Engineer said he would suggest going on to the next item concerning Designware and this would be the consideration of the variance within the context of the minutes of the Board o£ Appeals Subcommittee D4eeting of Suly 31, 1973. 2� REGULAR COUNCIL DIEETING OF AUGUST 6, 1973 PAGE 24 ITEM - 4- BOARD OP APPEALS SUBCOA4A4ITTEE M�ETING OF JULY 31, 1973 A REQUEST FOR A tiARIANCE OF SECTION 45.134, 6, FRIDLEY CITY CODE, TO REDUCE THE llISTANCE BET'WEEN A STR��T LItQE AND BUILDING, WHEN AN A4-1 llISTRICT IS ADJAC�NT TO ANY OTHER DISTRICT, FROM 1DD FEET TO 41.9 FEET, TO ALL04V TH� CONSTRIICTION OF AN ADDITION TO AN EXISTING MOTIOV by Councilman �esignware reducing to approximately 41. area be finished per Utter. Breider to grant the variance as requested by the L-ront yard setback from the required 100 feet 9 feet with the stipulation that the parking Code within ttvo years. Seconded by Councilman The City Engineer said if the parking lot is not included in the plans, a problem may arise in the financing of such an improvement. Mayor Liebl said the parking area would have to be put in. He suggested this be done after the completion of the underpass. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. The City Engineer said in order to take care of the related items on the agenda, he would suggest tha Council next consider the item numbered 19, consideration of revised plans for Fridley Bus Garage. CONSIDERATION OF APPROV[1L OP AND #89-1973 - A RESOL AND ISED PLANS FOR FRIDLEY BUS GARAGE. ORDERING PRELIMINARY PLANS, SPECI- RESOLUTION #90-1973 - A RESOLUTION RECEIVING THE PRELIMINARY REPORT AND CALLING A PUBLIC t:E�RING ON THE MP.TTER OF THE CONSTRUCTION OP CERTAIN IMPROVEMENTS STRE�T IMPROVEMENT PROJECT ST. 1973-1, The City �ngineer said he would recommend that the original 13 stipu- lations on the first plan be applied to this plan with th� addition of the statement that the doors be located only on the west side of the buzlding, the bank of the creek not be disturbed, that the existing trees will be maintained, and that the variance request on the south side be granted from 15 to 10 feet and on the east side from 100 to 85 feet. , � � � iy �� J �J REGULAR COUNCIL MEETING OF AUGUST 6, 1973 PAGE 25 The City Engineer said the plan had been changed and there would Ue no access to the garage on the east side oP the building. The Uuses would now back in and out as they do in the existing facility. The City Engineer said in thxs plan, no land would be acquired from Designware. MOTION by Councilman Breider to approve the revised plan for the Fridley Bus Garage with the 13 stipulations and adding therequirements that all doors be located on the west side of the building, that the bank of the creek not be disturbed, that the existing trees be maintained and that the variance on the south side be from 15 to 10 feet and on the east side from lOD to 85 feet. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motzon carried unanimously. MOTION by Councilman Breider to adopt Resolution #89-1973 order�ng preliminary plans, specifications and estimates of the costs thereof Street Improvement Pro�ect St. 1973-1, Addendum �4, Seconded by Council- man Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. b90TI0N by Councilman Breider to adopt Resolution #90-1973, receiving preliminary report and calling a pub�zc hearing on August 20, 1973, on the matter ot the construction of certain improvements Street Improvement Pro�ect St. 1973-1, Addendum �#4, in the amount of $10,632.46. � The City Engineer said no curbing to l;eep the companies could come to posed roadway. � he would recommend the road be blacktop, with costs to a minimum. He said he hoped the two some agreement on the assessments for the pro- SECONDED by Councilman Utter. Upon a voice vote, all voting aye, blayor Liebl declared the motion carried unanimously. Councilman Nee asked the City A torney if the Crty could assess the railroad? D4r. hnoll stated tha� they would have to use the road for access to the bridge. Councilman Brezder said perh�ps the Metro Sewer Board could also be assessed. Counc�lman Nee said he was in favor of assessing the railroad whenever poss�ble. The City Attorney said if the fact of the matter tirould be that they did use the road for access, it would be worth the effort, but they would have to be notified. Mayor Liebl agreed, stating this would be worth a try. The City Attorney said sometimes there is no disagreement about such assessments. CONTINUED: RECEIVING THE MINUTES OF TIIE BUIL➢ING STANDARDS-DESIGN I REQUEST TO CONSTRUCT A NEW BUILDING FOR OFPICE 1-73 ST �� REGULAR COUNCIL AIEETING OF AUGUST 6, 1973 PAGE 26 The City Engineer said this would be on 73rd Avenue on the south � ' side of the property and the request was to construct a metal or br�ck building to be used for thepurpose of tearing cars apart and the storage and display of parts. He added, the building would be brick on the south side. There are no other buildings in the area with the exception of Onan and Medtronics at the present time. The City Engineer said the Suocommittee had recommended the Council approve the request. Councilman Starwalt said this would be an improvement of the area, but he did not know if this type of structure would be up to the standards of the other buildingsin the area The City Engineer said the request could be approved with the stipu- lation that the building be block and not metal, and this would make the constructzon more permanent. Councilman Breidcr asked if there would be storage of cars outside of the building. The City �ngineer said there would be storage in the fenced area. He pointed out where the building would be constructed on the map on the overhead pro�ector. Councilman Breider asked if this would be approving the expansion of a�unk yard? The City Engineer said no, this would reduce the area being used for the storage oP junk cars. Mayor Liebl said this is a new concept. Councilman Bredier said he sees cars in the streets in this area all of the time. There are hub caps and cars in the street, is this an allowable use in the kind of zoning, he asked? The City Attorney said he had not researched the matter. He added, the City would be required to issue a permit if the zoning is proper the construction meets City Code. Councilman Utter said the fence had been rebuilt and moved closer to the street. The City �ngineer said perhaps the Council would like to delay the item until the applicant is present. Councilman Breider said there is a good �ob of development of the area being done at the present time. He said but, there are men working on their cars in the streets. They pick up the parts and overhaul their cars right on the street, and a lot of ears barely make it to the area, he added. Councilman Breider said they may have to put the parts on the cars before they can leave the area. The City Lngineer said this type of situation could be taken care of by adding stipulations on the permit. , and The City Attoxney saia this item had been discussed at the Depart- � ment Head Meeting and he had suggested the City be very particular about what kind of Fencing should be lnstalled and also the number of cars to be stored. He said he also had suggested there be no stacking of cars zn the area above the screening fence. He said there are two kinds of requirements that can be imposed, according to the zoning requirement and also the building code. He added, the City could not refuse the applicant a building permit. � � � REGULAR CQUNCIL MEETING OF AUGUST 6, 1973 The City Engineer said the request could lation that the building be block and not make the construction more permanent r� PAGE 27 be approved with the stipu- metal, and tlus would Mayor Liebl said this is the reason tr�e request had come beL-ore the Council, first of all to make the operation a reasonable one, and secondly to require them to put up a decent building and to store the parts in the building. He said he would like the parts that are not needed to be hauled away. MOTION by Councilman Starwalt to table the request and consideration of construction of an office and warehouse by Central Auto Parts until the applicant is present. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION TO CONSTKUCT AN ADDITION TO TH� PRESENT AUDITORIUAI, LOCATED AT 6000 WEST MOORE LAKE llRIVE iRGQUEST BY INDLPEND�NT SCFIOOL MOTION by Councilman Starwalt to approve the request for the addi- tion to the present Gymnasium requested by School District ,'!14 to be located at 6000 West Moore Lake llrive Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. The City Engineer said there had been a request for the City to iaaive the permit fees and the Council could take action to waive such fees. He said the State charge or the Electrzcal Inspection charge could not be waived. MOTION by Councilman Starwalt to waive the inspection fees with the exceptlon of the State or Electrical fees. Seconded by Council- man Nee. Upon a voice vote, all voting aye, Nlayor Liebl declared the motion carried unanimously. MOTION by Councilman Utter to receive the minutes of tihe Building Standards-Design Control Su6committee meeting of July 26, 1973. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unariimously. RECEIVING THE MINIITES OF THE BOARD OF APPEALS MEETING OF JULY 31. 1973• CONSIDERATION OF A REQUEST FOR A VARIANCE OF SECTION 45.053 4B SA, FRIDLEY CITY CODE, TO R�DUCE THE SIDE YARD WIDTH ON THE STREET SIDE F The City Engineer said the Board of Ilppeals had recommended the variance be approved, but cut the variance to 12.5 feet rather tlian the 3 feet as requested by the applicant. �� REGULAR COUNCIL MEETING OF AUGUST 6, 1973 PAG� 28 Mr. �arl Sorenson, 6370 Able Street N.�., addressed the Council � and asked if it would be possible for the Council to approve the variance to 10 feet? The City Engineer said he could recommend the variance be 12 feet, otherwise this would become too close to the roadway. N9ayor Llebl asked blr. Sorenson if the variance 6eing granted for 12 feet would accomodate his needs. Mr. Sorenson said he could �ust get the driveway in wrth this amount of variance. A40TION by Councilman Starwalt to grant the variance to Mr. Soren- son for 32 feet. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Alayor Liebl declared the motion carried unanimously. A REQUEST FOR A VARIANCE OF SECTION 45.053. 4A. FRIDLEY CITY COD� � �, INNSBRUCK NORTH 2ND ADDITION, THH SAME BEING 5575 WEST DANUBE GUNFLI The City Engineer said the Board of Appeals had recommended the Council deny the request for the variance and the applicant had proceeded to construct tne dwelling according to the Fridley City Code and �vithout the need far the variance. He said no action would be necessary. A REQUEST FOR AVARIANCL OF S$CTION 45.053, 1B FRIDLEY CITY CODE, TO REDUCE THE LOT ARL-'A FOR A LOT ON A PLAT RHCORDED BEFORE DECEMBER 29, 1955, FROM 7500 SQUARE F�ET TO 5100 SQUARE FEET, TO ALLOW THE CONSTRUCTION OF A DWELLING TO BE LOCATED ON LOTS 33 AND 34, BLOCK A, RIVERVIEW HEIGHTS. TH� SAME BEING 312 HUGO STREET N.E.. FRIDLEY, The City �ngineer said the applicant had called him and requested the ztem be tabled until the next meeting of the Council when he could be in attendance. MOTION by Councilman Nee to concur with the Board of Appeals and deny the request for the variance of the front yard setback by P�r. Fred S. Yesnes, Incorporated. Seconded by Councilman Utter. Councilman Nee said all of the lots are substantially large and they had been picked up as tax forfeit lots. He said this action if approved would set a pattern for the creation of 50 foot lots, where there have been none before. Councilman Nee continued by saying there is no hardship in the case. rl I i � UPON A VOICE tiOT�, all voting aye, Mayor Liebl declared the ' motion carried unanimously. F_ . �I J tI REGULAR COUNCIL MEETING OP AUGUST 6, 1973 PAG� 29 A REQUEST FOR A VARIANCE OP SECTION 45.134, 6, FRIDLEY CITY CODE, TO D�niif`R TuF TITCTM1Ti!'F RFTinIFFN � CTAFT-;T T TNF 6NT1 RiiTT.T1TN(: UTAFN �N The City Engineer said thzs item had been taken care of earlier in the meeting. MOTIUN by Councilman Utter to receive the minutes of the Board of Appeals Meeting of July 31, 1973. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECONSIDERATION OF BACK YARD llRAINAGE PROBLEA4 IN THE BENJ�4IN STREET <nmri ni>r�TiiiT nnr:n !nl�ni':nT TrnTnrrC�nnrl . Mr. Robert Erickson addressed the Council and said when he purchased the property a year ago there was no severe problems on his property. He said the street and storm sewer were_to be in and he liad escrowed an assessment of $1,000 for this work. A4r. Grickson added that this amount was included in the total purchase price from the L-ormer o��mer. � Mr. Erickson said the conditions of the run off onto his land degrades his property. Mr. Erickson said he thought this was irresponsible on the part of the City. He said he thought the City should recognize that they have created a problem, and compensate him for this problem. He said he had been told that one half of the money had been used and there 1s st111 no lmprovement in the conditions. Mayor Liebl said some piping could be done, but the City would have to have the necessary easements for this piping. He said ttus would have to be firmed up by the property owners. Mayor Liebl said the area is very natural and beautiful, but with Ben�amin Street completed the drainage goes right into the low area. Mayor Liebl said the City would have to hold a hearing, calling in the pcople who would be affected by the assessments and improvements. Mayor Liebl said he did not know the legal implications in this case He added, the YVard Council- man had visited the area and 'nad advised the Council that no action was necessary at thzs point in time. Mayor Liebl said the lNard Councilman must iepresent the ma�ority of people concerned. The City Engineer said he agreed with the statements made by Mayor Liebl. He said he would like to clarify a point, the amount paid by Mr. Erickson was only a pending assessment. Mayor Liebl said Mr. �rickson is willing to put up with the natural run � off water, but it had been his contention to the Mayor that he did not know if the A4ayor and members of the Council would have put up with the same thing. Mayor Liebl continued Mr. Erickson feels rt is because of the anstallation of the curbing and culvert directed onto his property that this problem is there. He said he had been told by A1r. Erickson that the problems had been caused by the installation of the street, the street directs the run off water of tlle area to the low spot. Mayor Liebl said the water does not run over the curbing, a culvert was installed to drain the water onto the Lrlckson property. i� R�GULAR COUNCIL h]HETING OP AUGUST 6, 1973 PAGE 30 The City Lngineer said the work has not been completed, and not even started. He added, if the Council would order the work, there could be assessments. The City Engineer said no more water is in thws area than would be indicated on the aerial map of 1959. He said he gets the same water, but now at a faster rate, and the water is cleaner now than when there 4vere dirt roads in the area. He said the water is not soaked up by the ground as there is no penatration available. Mayor Liebl said something would have to be done to remedy the problem, and Mr. Erickson's problem would have to be remedied. He added, everytime it rains, he gets a heavy constant flow of water on the property. Mayor Liebl sazd he did not think the City could use his property for the storm sewer. The City Engineer said if it taas a natural drainage area before, it can be used He said the same area ti�as used for the draznage before, now the water comes a little faster. He added, the property owner had a culvert under the driveway on the property and this is the same size and will only allow the same amount of water to pass. Mr. Erickson asked if his proposal for the system will be considered. Councilman Starwalt said he had not changed his mind on the matter and he would recommend the Council not close the project at this time. IIe said he �vould be happy to talk to Mr. Erickson at any time and he would invite him to look at the contour map. � MOTION by Councilman Starwalt to �irect the Engineering Department ' and the City Attorney to further evaluate the problems with Mr. Erickson's property and return to the Council with a recommendation one month from the present meeting. Seconded by Councilman Utter. Upon a voice vote, all voting aye, A4ayor Ljebl declared the motion caxried unani- mously. RECEIVING STATUS REPORT FROM CITY ATTORNEY REGARDING ARBITRATION BE- TW��N CITY OF PRIDLEY AND DUNKLEY SURFACING COMPANY ON PROJECT #103: ANll EMERGENCY ORllINANC� #544 - AN ORDINANCE FOR APPROPRIATION OF FUNDS TO COMPLETE THL REPAIR AND CORRECTIV� WORK ON PROJECT 103, INNSBRUCK AND OP CONTRACT WITH SOLIDIFICATION INC., FOR REPAIR OF SEWER T.T iiNT1FR DR(1 TFf T "I (1Z MOTION by Councilman Utter to receive the communication from the City l�ttorney regarding the arbitration between the City of Fridley and � Dankley Surfacing Company on Pro�ect #103, dated August 6, 1973, Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. `� �z REGULAR COUNCIL MEETING OF AUGUST 6, 197"s PAGE 31 � The City Attorney said Mr. ,�unkley was_ in the audience and he had been awarded some money and he suggested the Council take action on authori- zation of payment to Mr. Dunkley at the present meeting. The City Attorney said his memo to theCouncil indicated his feelings on the matter. He continued by listing those matters that the Council should handle at the present time; one, Mr. Dunkley should be paid the awarded amount; two, the administration should be authorized to proceed with the work, and three, the staff should be given some direction on ob- taining the money. � � MOTION by Councilman Utter to authorize the City's share of the arbitra- tion costs which are 500. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously MOTION by Councilman Utter to authorize the payment to D7r. llunkley in the amount awarded, $44,000 which includes the �20,000 retainer. Seconded by Councilman Breider. Upon a voice vote, all voting aye, �fayor Liebl declared the motion carried unanimously. MOTION by Councilman Nee to adopt the emergency Ordinance #544 in the amount of $40,000, waive the reading and order publication of the Ordinance. Seconded by Councilman IItter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Councilman Breider said the City Attorney should investigate the alter- natives. The City Attorney said he had stated what could be done in the memo to the Council. He said if the Council wishes to direct the action to the firm, they could talk to the insurance company. He said this would be the City against Suburban Engineering Mayor Liebl said the City would have to prove the case, but it is the Council's obligation that the tax payers get their money's worth. The City Attorney said he thought a for the amount as arbitration is not try talking it over. better method would be to negotiate cheap. I-Ie said he would like to MOTION by Councilman Breider to authorize the City Attorney to negotiate with Suburban Engineering and the Insurance Company. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Nee to approve the contract wrth Solidification and also the change order. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. � �' R�GULAR COUNCIL MEETING OF AUGUST 6, 1973 CONSIDERATION OF APPROVAL OF USED CAR LOT LICENSE FOR VIKING PAG� 32 The City Engineer said the Engineering Department has been working with Viking Chevrolet and there are some items that need considera- tion by the Council. He added, there is some outside stacking, but if the area is maintained, the City could live wrth this. He said the basic item for consideration would be the bull pen and if the Council would want it screened. Councilman Utter said he had been on theproperty and the only item he saw in the area was an antique car and two golf carts. He said only on one accasion did he see any junk lying around. He added, he had not seen anything in the area for six months. MOTION by Councilman Starwalt to receive the memo from the Planning i'Cssistant, dated July 23, 1973 and to receive the letter from Mr. Mark Dooley of Viking Chevrolet, dated July 16, 1973, and that the requirement that the bull pen be screened be waived. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. �10TION by Cpuncilman Utter to approve the license for the Used Car Lot £or Viking Chevrolet. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSID�RATION OF PARTICIPATING IN METROPOLITAN LEGISLATIVE STUDY GROUP ,2 AND ATTENDANCE AT FIRST ME�TING ON WEDNESDAY. AUGUST 15. 1973: Mayor Liebl said the first meeting would be August 15, 1973 at George Is In Fridley. MOTION by Councilman Utter to receive the communication from the Minnesota League of Municipalrties dated July 27, 1973. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF SERVING ON MINNESOT�I MUNICIPALITIES STUDY COMMITTEE AND MAKING APPOINTMENTS THERETO: MOTION by Councilman Utter to receive the communication from the League of �Iinnesota Municipalities, dated July 13, 1973. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the rnotion carried unanimously. Councilman Brelder said he would serve on the Public Sa£ety Committee. Councilman Utter suggested that Councilman Starwalt serve on the General Legislation Committee. � � MOTION by Councilman Utter to appoint Councilman Breider to the Public ' Safety Committee and to appoint Councilman Starwalt to the General Legislation Committee. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. � i,i �-i REGULAR COUNCIL MEETING OF AUGUST 6, 197"s PAGE 3"s � RECEIVING THE PUBLIC EXAMINERS REPORT ON FRIDLEY VOLUNTEER FIREblEN'S RELIEF ASSOCTATION FOR YEAR �NDING DECEMBER 31, 1972 MOTION by Councilman Nee to receive the Public Examiners Report on the Fridley Volunteer Firemen's Relief Association for the year ending December 31, 1972. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION FOR APPROVAL OF USED CAR LOT LICENSE FOR VIKING CHEVROLET� Mayor Liebl said this had been approved earlier in the meeting AUTHORIZING CITY MANAGER TO SEND A PROPOSAL TO CITY OF COLUMBIA HEIGHTS REGARDING POLICE FIRE ALARMS: The City I�lanager said the action would be to zuthorize him to proceed and bring the proposals back to the Council. He said Columbia Heights had made an inquiry. MOTION by Councilman Utter to authorize the City Manager to proceed with the proposal to the City of Columbia Heights regarding Police Fire Alarms. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF AUTHORIZING THE PURCHASE OF MOTORCYCLE FOR POLICE � DEPARTMENT: MOTION by Councilman Breider to authorize the Police Pepartment to purchase a motorcycle. Seconded by Councilman Utter for discussion purpases. Councilman Utter said he could not quite visualize the use of this type of equipment in Nlinnesota because of the limitations of the seasons. He said so many areas are getting away from such use because of the hazards involved. The Public Safety Director said Councilman Utter's comments were cvell taken and he would agree. H° said this would be an attempt to alleviate the problems in the area wlth the motor bik�s. He said it would be used by the Police Department and the Park Ranger. I-Ie said they are unable to gain access to the areas being used Uy the people on the motor bikes with the present equipment. He said this would be an experimental attempt in areas such as Locke Lake which are very difficult to patrol unless equipment such as a motor bike is used. The Public Safety Director said if this does not prove to be a satis- factory solution, the resale on the motor bike would be great enough that there would not be a loss. � UPON a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ? �x z, ;� REGULf�R COUNCIL ML�ETING OF AUGUST 6, 1973 RI;CEIVING REPORT ON GARDNER/GONSIOR ACOUISITI PAGE 34 DRAINAGE ' Mayor Liebl said there had been two appraisals of the property made, one by Harvey Peterson and the other by Larson. The City Attorney said he had drawn up a proposal and the City Engineer had prepared a map of the area involved. He added, the contract purchaser, b4r. Harris is in agreement with the proposal. Councilman Breider asked if this land is purchased and the amount is paid, what legal grounds does the City have for pursuing the plat. The City Attorney said the otaner is saying that he will plat the property into a single plat and the fee owners have agreed to plat it into a single plat. Councilman Utter referred to the portion of the agreement which states the water will enter and leave the area. He questioned if the owner would hold the City to this portion of the agreement before it is ready for this type of system. The City Attorney asked if this question was on the language that the owner may request the water to leave the property Councilman Utter said there is no run off in the area. The City L�ngineer said the flow would be directed into Moore Lake eventually. He said this would be a part of the complete system. Councilman Utter said he is reluctant about the matter. He said the ' people are hoping there will be drainage of the area, and they are concerned about the assessments that will accompany the improvements. He said by szgning the agreement, the people may come in and say the City is going to build and the City would have to put drainage of the area in. The City Engineer said one point would be that money is being escrowed for the system and eventually there will be enough money to get the storm sewer built. IIe said there are problems that have to be faced such as in the Briardale plat. Some of the houses are getting flooded. He said the easements have to be ac�}uired or condemned. He said if the pipe easement is obtained, there will be a need for the ponding area. I-Ie said there will be a need to acquire additional area. T40TION by Councilman Breider to approve the agreement changing the $16,000 to be paid upon approval of the mutual agreentent to $11,250 and with the completion of the plat and the transfer of the fee title to the City, and that the City have access of right of way upon payment of the first payment at the time of approval of the mutual agreement. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING STATUS REPORT ON STEVENSON SCHOOL WALKINAY (ST. 1973-1 MOTION by Councilman Breider to receive the status report on the Stevenson School Walkway from the City Engineer dated August 3, 1973. Seconded by Councilman Nee. IIpon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously: � � ,-a REGULAR COUNCIL MEETING OF AUGUST 6, 1973 PAGk 35 � MOTION by Councilman Nee to authorize the construction of the Stetienson School Walkway. Secanded by Councilman Breider. Upon a voice vote, all voting aye, D4ayor Liebl declared the motion carried unanimously. RESOLUTION #86-1973 — REVOKING �IUNICIPAL STATE AID HIGHWAYS (STARLITE C.. � MOTION by Councilman BreideT� to adopt Resolution #86-197"s, revoking Municipal State Aid Highways (Starlite Boulevarcl). Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #87-1973 - ESTABLISHING MUNICIPAL S�ATE AID HIGI'.N�YS TinnmiJ rr.i�lTCDnir/'v 1lnrTrL'1 . MOTION by Councilman Starwalt to adopt Resolution #87-1973, Establishing Municipal State Aid Highways (North Innsbruck Drive). Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unar�imously The City Engineer said this would be the same cost and would be coopera- ting with New Brighton to provide a better access on Matterhorn Drive. RESOLUTION #88-1973 - PROHIBITING (1) SEWER CONNECTIONS ON THE PUMP- The C�ty Engineer said there is yearly review by the State Board of I-Iealth and the adoption of this ordinance would upgrade the City's rating. MOTION by Councilman Utter to adopt Resolution #88-1973, Prohibiting (1) sewer connections on the pumphouse drain lines between the pump- house and the manhole break; (2) the construction of any buried sources of contamination within SO feet of a Uooster station. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously CONSIDERATION OF R�VISED PLANS FOR FRIDLEY BUS GARACE: Mayor Liebl said this item had been taken care of and approved earlier in the meeting. RESOLUTION #89-1973 - ORDERING PRELIMINARY PLANS, SPECIPICATIONS AND ESTIMATES OF THE COSTS THEREOF: STREET IMPROVE�4ENT PROJECT ST. A4ayor Liebl said this resolution had been adopted earlier in the � meeCing. �� REGULAR COUNCIL D4EETING OF AUGUST 6, 1973 RESOLUTION �90-1973 - RECEIVING PR�LIMINARY RT AND CALL PAGE 36 A ' Mayor Liebl said Resolution �90-1973 had been adopted earlier in the meeting. RESOLUTION #91-1973 - ORDERIIQG IA7PROVEI�I�NT, APPROVAL OF PLANS AND ORDERINC ADVL�RTIS�A4�NT FOR BIDS: STREET IMPROVEMENT PROJ�CT ST. The City Engineer said this resolution �vould concern the Innsbruck area and finishing the area with concrete. MOTION by Councilman Utter to adopt Resolution #91-1973, ordering lmprovement, approval of plans and ordering advertisement for bids: Street Improvement Pro�ect St. 1972-1A. Seconded by Councilman Star�aalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #92-1973 - ORDERING PRELIMINARY PLANS. SPECIFICATIONS AiVD RECEIVING PETITION FROA4 ROB�RT SCHROER: MOTION by Councilman Breider to receive the petition from Mx. Robert Schroer dated May 8, 1973 and received May 22, 1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Breider to adopt Resolution #92-1973, ordering preliminary plans specifica�ions and estimates of the costs thereof Sanitary Sewer, Water and Storm Sewer Project r�114. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION t93-1973 - ORDERING PRELIMINARY PLANS SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: STREET IMPROVEMENT PROJECT ST. 1973-1, ADDENDUM #3 MOTION by Councilman Breider to adopt Resolution �93-1973, ordering preliminary plans specifications and estimates of the costs thereof': Street Improvement St. 1973-1, Addendur} �3: Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #94-1973 - RECEIVING RHPORT AND CALLING A PUBLIC HEARING ON THE NIATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS. STREET IMPROVEMENT PROJECT ST. 1973-1, ADDENDUM #3. NIOTION by Councilman Utter to adopt Resolution �94-1973, receiving report and calling a public hearing on the matter of the construction of certain intprovements. Street Impravement Pro�ect St. 1973-1, Addendum #3. Seconded by Councilman Nee. Upon a voice vote, all voting aye, blayor Liebl declared the motion carried unanimously. � ' � REGULAR COUNCIL MEETING OF AUGUST 6, 1973 RESOLUTION #95-1973 - ORDERiNG IMPROVEMENT APPROVAL OF P Y\ r V PAGE 37 AND ADDING MOTION by Councilman Breider to adopt Resolution #95-1973, ordering improvement approval of plans and adding proposed improvement of streets onto the existing street improvement pro�ect St. 1973-1 and St. 1973-2 (Change Order #1). Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl dec�ared the motion carried unanimously. RESOLUTION #96-1973 - DIRECTING PREPARATION OF ASSESSMENT ROLL FOR MOTION by Councilman Starwalt to adopt Resolution #96-1973, directing preparation of assessment roll for sanitary sewer, water, and storm sewer improvement pro�ect #�03. Seconded by Councilman Nee. Upon a voice vote, all voting aye,'Mayor Liebl declared the motion carried unanimously. RESOLUTION #97-1973 - DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR SANITARY SEWER, WATER, AND STORI�I SEWER IMPROVEMENT MOTION by Councilman Starwa}t to adopt resolution #97-1973, directing publication of hearing on p'roposed assessment roll for Sanitary Sewer, � Water, and Storm Sewer Improvement Project #103. Seconded by Council- man Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carrxed unanimously. RESOLUTION #98-1973 - DIRECTIN6 PREPAR�TION OF ASS�SSMENT ROLL FOR 7/G-1 H1VL J1. 17/G- MOTION by Councilman Breider to adopt Resolution #98-1973, directing preparation of assessment roll for street improvement project St 1972-1 and St. 1972-2. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ON #99-1973 - DIRECTING PUBLICATION OF HHARING ON PROPOSED � 972-2 MOTION by Counczlman Nee to adopt Resolution #99-1973, directing publication of hearing on proposed assessment roll for Street Improve- ment Pro7ect St 1972-1 and St. 1972-2. Seconded by Councilman Utter Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CLATMS• MOTION by Councilman Utter to approve the Claims. � GENERAL 32520 - 32845 LIQUOR 7964 - 8034 Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. 3$ RBGULAR COUNCIL MEETING OP AUGUST 6, 1973 , . � PAGE 38 CON'fRACTOR'S LICENSES Tfl BE APPFOV�D BY COUNCIL AT TILEIR REGULAR N,E�TING ON AU6UET GL 1973 BI.ACKTOPPING AYPAOV�D 73Y 9. ,3. I�trne � Sons Inc. 2��0 - il7th i.ane A'.E. ' Blaine, 3lininesota By: Dennis ,7. Krone C. Belisle 1TEl��i'u15Y1� 44h1A '2� �� LV'2h �rui�ix Ca�ns�n:c�ion Coa�tipan}�, Tnc. 5(i9 - �ith Ave�iue ri?.k. New ]�raga3tr�n, iKinnesrrta By: Norman Brunn C. Belisle �syan[-Fsazrt;lan Cbrpor3fion 9�3� ��es�t �rauntw Road D �exa '�zigi,ion, TSinsaesota By: Richaxd Brame C. Belislc 3+Tadco Saies C�rporatsun Sii07 �rce�4enr Baulevard 2iinaarxgaQlis, :iinne;sata By: Paul Lommen C. Belisle 3avie� Lund (:ot�structinn Znc. 774� Woadlawn �rive P&.E. Minneapoiis, Piiunesota By: Sames Lund C. Belisle Fred S. Yesnes, Incorporated fa600 IAxpont As�=enue North rifinneapolis, Y�Ilnnesota By: Ercain S. Yesnes C. Belisle HEATING Faircon, Incorporated 7955 West County Road B-2 ' Roseville, Mi�nesota 55113 By: Sheldon Krona W. Sandin Ryan Air Conditioning Inc. 924d GYand Avenue South Minneapolis, I�ffinnesota By: Thomas J. Ryan W. Sandin MASONRY Edward Eismanis Construction Co. , 1623 S•7est 32nd Street Minneapolis, N.annesota By: Edward �ismanis C. Belisle Albin L. Katzncr Cement Co. 11137 Arrocahead Strect v.k. Coon Rapids, Minnesota By: Albin Katzner C. BuLsle Ler�y Contract.ar's 3637 Oakland Avenue South Minneapolis, M3nnesota By: Leroy Pederson C. Belisle � _, ., 7 � �, NEFI �EW REIv��WAL NEW ' FENEG7AL NEGT NEW RENEWAT. i�'h'ld � � iLFiiL�rlAL NE.'I7 • • , r REGULAR COUNCI�L MEETIDIG DF AUGUST 6, 1973 � , � � - C�ntractor`s Licenses August 6, 1973 �tsonry (Cont. ) �`eUex Srothers ConcreYe " ?209- 65Ch Avenue Noxtl� �xaoklyn Park, Minnes4ta ��iVING & WFECKING �iale Movers ZACO�poxate3 7816 Central Avenue f1'.E. Minneapolis, Minnescata GENEP.AL CONTRACTCDR Dnrf Schuett Buxlder 8k�1 �'errace Roaaf Spring l:ilce Park, Minac�so4-.a � �'YPF. � ^ • dv_' T I�l:,'',5� �Y ..��_____.._.... m . L3�L�Js'z:=.; DI9PF.'�SI'�?G Judj �¢� �ittrich 31ty �a�i. Pk-�y. Blaina Shorewoad Znn Sandr� B�arkhoiae^ 927 — 85ih Aweo A��T Mpls. Sharewood �ruz Nancy Ranc�ur 12116 R3di.sson �oad Blaine Shorecrood Inn F7anda ?ti'est��r� 3220 She� idan �lve. Tdo. Mpls. Shorewood Inq, - s larbara 17elch 5-- 23rd Ave. 1 �ls. Shorewood Inn 3y �lson S�'� G�.Y'tis2an Ave. No. Mp�sm • Shorewood Inn 0 .I 39 . � � -_ �— ' PAGE 3s • _,� . " Pag� 2 8�+: ��:org� '43ei�cr �y; Ual�; Pezex��yn �yr; I7�izalrl �chuett C. Belisle C. IIelisle : o' ;j ; t� •' f +:... NBSd IiENEivAL C. Bela_s1e � NEW APPROI'ED BY F� Public Safety Dir. 5.Q0 Public Safet3- Dir. S.OU Public Safety Dir. 5.00 . Public Safety Dir, 5,00 Public Safety Dir. 5.00 Public Safety uir. 5.00 46 R�GULAR COUNCIL N1EE�'II�dG OF AIIGUST 6, 1973 Mary O�Brie❑ 126U B 41est iarpenteur " St. Paul Shorewood Inn Oeraldine Garbett Tl{I� Villabe Green No. ' Mpls. � Shore�aood Inn � Louise Hannah 4b�1 — 66th Ave. No+ - Mpls. Shorexood Inn Jeri Betland 7149 Morgan Aveo No. Mpls. Shorewood Inn Carol DeZk 888 — 66th Ave. No. Mols. Shorewood Inn Patric2a Ctyrtnik _ 125 -- 97th Ave. ' • Mpls. Shorewood Inn Ronald Hirnley , 6�17 Camden Ave, No. Brook�yn Center Shorewood Inn Conaiantine Pergakis 5701 Gentral Ave. Fridley Shorewood Inn Dona ldoltering 73!sl Tempo Terrace Fridley Shorewood Inrt Lois Johnston 3857 Edgemoor Dr. �pls. 5horewood Irin DRI`JR-IN TfiF'.AT�'R lOQ 'lwrin Drive-In 694 and C2ntr�1 Fridley Chet Herringer , P!�G� � 0 �� Puhlic Safet�, , �x. �.OU • °ublic Safety Li�. 5. W 0 Public SafetJ Dir. �aOQ Public Saiety Dis. 5.00 � . ft1b21($ Safeiy �ir,o J�v��A � Public Safety u�•. S.CicJ Public Safety Dir, 5,00 Pub1iC Safety P.ir. $aW Pu61ic Safety Yir. 5.�.3 Bublic Safety Dit°. �,Oi.r Plltl].1C .St1�E'ti`f �lI'e 3:��.r1� � REGULAR COUNCIL MEETING OF AUGUST 6, 1973 � FOOD ESTA3LIS?��!�'*:T Beckers rleats 620 Osum-ne Road FridT�v Dave�:� ":�exaco 63U1 �irry-�. 65 F;�id� �;� Assxk-��xe Mfg. 7753 �'ech st. Frid? e�; PUBLI�' I}RITdKING PLf10E Maple aanes 63io �,��. 65 Fridl��% SERVICt"�SiATION ve�s '�taxaco ,,�ol x.,;,�� 65 Fridle;,� OFF SAL} 5�'�R Bombay ?:�nae 586� IIni�.*er�iiy Ave. Fridley LI�IESTOC,F. • Hennis De'tars S3l10 East kive: R�ad Richard Beckeis Dave Haugen Assurance Mfg. Fridley Rec. an�3 Seav. �ave Haugsn 0 Ceraldine Mehta Dennis DeMars 41 PAGE 41 t;omm. De�v. AcLn. 25.00 Camm. Dev. Adm, 10.00 �°i{!i',N1a II0Y• AC]311• �.��J Public Safety Dir. 100.00 Comm. Dev. Adm. Fire Inspector �30000 Public Safety Dir. 120.00 Comm. Dev. Ar3m. 5.`�`� .,...�___NIOTION by Councilman Utter to approve the licenses. Seconded by Councilman Nee. •Upon a voice vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously. � 42 REGULAR COUNCIL MEETING OF AUGUST 6, 1973 ESTIMP.TES : American Arbitrati�an Association 140 West 51st Street New York, N. Y. 1Q�20 Per Award & Ar�itrator's Compensation Regarding Dunk�ey Surfacing Company, Inc. Dated �uly 17, 1973 �4rbitrator's Ca�mpensation (2rd Hearing (7/3/73J Regarding �unkley Surfacing Company Dated July 9, 3973 Curtis A. Larson 6279 Univers�ty Avenue N. E. Minneapolis, M�nnes�ta 55432 Appraisal of E. & K. Gardner and T. & W. Gonsior• Property. �ated July 16, 1973 Harwey Peterson 151 �len Creek koad Miraneapolis, M�nnes+?ta 55432 Ap�raisal on Jab #35646. Dated Ju7y 16, 1973 M. G. S}?angier, P.E, Engi�t�ering Cansult�rnt 151� Gl^and a,venue Ames, 3�wa 50D10 �x�enses and Profess�onal Service �'ia Su6urban tngineering, Inc., Re: Pro�ect Ne,. iO3. Dated July 7, 1973 Weaver, T�17e €+ 4errick 316 Eust Main SLreet Anoka, S1�nnesota 5�303 Juiy Re*ainer and for services re�dered Dated July 3�, 1974 Bianconi Constructian Company, Inc. 986 Bayard Avenue 5t. Paul, Minnesota �5102 PARTIAL Estinate rl, Repa�r of 5anitary Setiaer, Storm arci 4'ater I�Sa�r� - Innsbruck North $ PAGE 42 , 6II7.93 25.0� �85.00 o ' 7E5.00 69F.:�b 2,760.0� 8,914.2�5 ' � � � 43 REGULAR COUNCIL MF'ETING OF AIIGUST 6, 1973 ESTIMATES Cont. Bury & Carlson, Inc. 6008 Wayaata Boulevard Minneapolis, Minnesota 55416 PART7AL Estimate �'k5 - Street Improvement Pro�ect ST 1973-1 PARTIAL Estimate �k5 - Street Improvement Pro�ect ST. 1973-2 Comstock & Davis, Inc. Consulting Engineers 1446 County Road "S° Minneapolis, Minnesota 55432 PARTIAL Estimate ��'18 - Sanitary Sewer, Storm Sewer & Water Improvement pro�ect ��1D2 from May 28 through Sune 30,�1973 PARTIAL Estimate ��4 - Street Improvement Pro�ect No. 1973-i & 2 from May 28 through June 30, 1973 PARTIAL Estimate ��2 - Sanitary Sewer & Water Improvement Pro�ect ��112 from May 28 through June 30, 1973 PARTIAL Estimate ��5 - Water Improvement Pro�ect d�111 from May 28 through June 30, 1973 PAGE 43 $ 30,028.97 23,972.24 116 34 1,592 93 3,234 10 691 90 MOTION by Councilman Nee to approve the Estimates including the estimate submitted by Lawrence Signs, Inc. in the amount of $5,660 for the Liquor Store Sign Seconded by Councilman Starwalt. Upon a voice vote, a11 voting aye, Mayor Lieb1 declared t�e motion carried unanimously. CONSIDERATION OF NAMING ACTING CITY MANAGER: Councilman Nee said he thought the City Engineer should be considered as Acting City Manager, this would give him some additional experience and a11ow others to liave experience Mayor Y,iebl said he would like to consider setting up the screening committee to determine possible City Manager dandidates. Mayor Liebl suggested Mr. Jolin Haynes be selected as the outside member of the committee 6ecause of his capabilities and experience in this type of selection. He added, Councilman Breider and himself would also serve on the screening committee. Mayor LieUl said the committee would reduce the number of applicants to three or four and a11ow the Council to decide from the remaining candidates. He said the final investigation of the applicant would be done by one member of the Council and this would have to be handled with discrection. Mayor Liebl said he would not want the applicants to be discussed in front of the Council He said they would talking about many men of the area and their reputations wouLd have to be considered. He said these men do not want it known that they are making appLication for the position with the Crty of Fridley Mayor Lieb1 said Councilman Breider had served on the screenimg committee when Mr. Davis was selected City Manager. Mayor Liebl asked Councilman Nee if someone had to be sent to do some out of town interviewing, would he be willing to do this. Councilman Nee said he would 44 REGULAR COUNCIL MEETING OF AIIGUST 6, 1973 PAGE 44 Mayor Liebl said he would like the Finance Director to work on the budget and Logis and do a good �ob in these areas. Councilman Nee said he thought this may be the same case with each of the members of the staff, but he thought it would be good for the rest of the staff to get this type of experience. Mayor Lieb1 said the Council could have Mr. Hill, the Public Safety Director continue to do the �ob. He said Lt. Rick had handled things very well during the portion of time that Mr. Hill had served as Acting City Manager, Mayor Lieb1 said the other instances in which a man served as Acting City Manager, he was paid more for this time. Councilman Breider said both the Finance Director and the Public Safety Director could work on the budget. He said he would like to see the City Engineer serve as Acting City Manager. He said he would like all the men to get some experience as City Manager. Councilman Breider repeated that he thought that both the Finance Director and the Public Safety Director should work on the budget, and have this out soon. The City Manager said the budget would have to be done by City Manager and the Finance Director,tqgether. He added, amount of money is determined, the City Manager gives �his tions to the Council on how it should be used. the Acting after the recommenda- N9ayor Liebl asked the City Engineer how he felt about the proposal of serving as Acting City Alanager. The City Engineer said maybe a look at the other side of the picture, and maybe a look at the matters £rom some other standpoint than Planning and Engineering would be good for himself and the community. The Public Safety Director said he did not care who the Council would choose to be the Acting City Ivlanager, but he did not think that the position should not be given to someone else in midstream. He added, he is still getting calls from people who he had dealt with during the time he was Acting City Manager. He said they keep coming back to you. The Public Safety Director said the appointment should be permanent throughout the entire period of time, or there will be calls going all over the building. Councilrnan Breider said the most important thing for the next month is the budget for next year. He said it will be about all the Council does in the next month. He said he would like to have the budget in a form where the new City Manager would Ue able to go through the thing when he gets here. He said he would like the budget to be in a form to sit down and discuss. He said in a period of three weeks time, not this many things will crop up in the City Nlanager's office. J�lOTION by Councilman Nee to appoint the C1ty Engineer, Nasim Qureshi, temporary Acting City Manager. The motion was seconded. Upon a voice vote, all voting aye, Mayor Liebl deciared the motion carried unanimously. � �� ; REGULAR COUNCIL MEETING OF AUGUST 6, 1973 APPOINTMENT �F CITY ENPLOYEE. Name PAGE 45 Posltion Salary Effective Date Replaces Ralph Volkman Superintendent $14,500 August 15, 1973 Lester 525 Mi11 St. Of Public per year Chesney Col. Hts. Works Minn. 55421 Mayor Liebl said the City Engineer and the City tldministration had recommended Mr. Ralph Volkman be appointed as Superintendent of Public Works. MOTION by Councilman Breider to appoint Mr. Ralph Volkman, Superintendent of Public Works, effective August 15, 1973. Seconded by Councilman Starwalt. IIpon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. COMMUNICATIONS. J. R. MILLER COMM�IVD POLICE DEPARTMENT MOTION by Counczlman Nee to receive the letter from J. R. Miller commending the Fridley Police llepartment, dated July 26, 1973. Seconded � by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. WYMAN SMITH GLQVER LAWSUIT. � MOTION by Councilman Nee to recelve the communication frarn Wyman 5mith concerning the Glover Lawsuit, dated July 30, 1973. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanlmously. SAMES KATO: A40NIES OWNED BY KEYWAY BUILDERS MOTION by Councilman Starwalt to receive the communication from James Kato regarding monies by Keyway Builders, dated July 31, 1973. Seconded by Councilman Breider. Upon a voice vote, all voting aye, �layor Liebl declared the motion carriecl unanimously. The City Attorney suggested the City hold back monies from Keyway Builders until Mr. Kato receives his money. SUPERTNT�NDENT JENSON, DISTRICT #13. NORTH PARF NATURALIST PRaGRAM: MOTION by Councilman Starwalt to receive the communicatlon Prom Superintendent Jenson regarding the natur2list program at North Park, dated August 1, 1973. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously ri. F� REGULAR COUNCIL R4E�TING OP AUGUST 6, 1973 EY JAYCEES SOFTBALL TOURNAMENT. PAGE 46 MOTION by Councilrnan Starwalt to receive the communication from the Fridley Jaycees regarding the so£tball tournament, dated August 3, 1973. Seconded by Councilman Nee. Upon a voice vote, all voting aye, D4ayor Liebl declared the motion carried unanimously. b1RS. BARBARA KOR�YCHAK REQUEST TO USE LOGAN PARK FOR NEIGHBORHOOD MOTION by Councilman Breider to receive the communication from Mrs. Barbara Koropchak regarding the request to use Logan Park for a neighborhood party, dated August 2, 1973. Seconded by Councilman Nee. Upon a voice vote, a11 voting aye, A4ayor Liebl declared the motion carried unanimously Councilman Utter askel if beer would be served. Cout�cilman Nee said beer has always been served in the past, The City Manager said 3.2 beer is not considered intoxicating. AUJOURNDIENT • MOTION by Councilman Starwalt to ad�ourn the meeting. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the Rebulax Council Meeting of August 6, 1973 adjourned at 2 25 a.m. Respectfully submitted, �� Patricia �llis Secretary to the City Council � � � �. Frank G. Liebl, Mayor I � L__.i �