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12/17/1973 - 00016091� " `2 7 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 17, 1973 The Regular Meeting of the Fridley City Council was called to order at 7:34 p.m. on December 17, 1973 by Mayor Liebl. PLEDGE Of ALLEGIANCE: Mayor Liebl led the Council and the audience in saying the Pledge of A7legiance to the Flag. ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT INVOCATION: Counc�lman Breider, Councilman Starwalt, Councilman Utter, Mayor Liebl, and Counc�lman Nee None Playor Liebl offered a reading on liberty to the Council and audience. ADDPTION OF AGENDA: Mayor Liebl said he would like to add two estimates to the aganda and stated they were from Weaver, Talle, and Herrick in the amount of $1,107.OD and from Earl Weilke & Sons, Inc. in the amount of $23,438.18 for work on E. Q C. Police Department remodeling. Councilman Nee said he would like to add the consideration of placing "no parking" in the service drive abutting the Metro 5D0 station. � MOTION by Councilman Nee to adopt the agenda as amended w�th the aforementioned additions. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carrted unanimously. VISITORS: � Mayor Liebl asked if there was anyone who wished to address the Counc�l during the visitor's section of the agenda and there was no response PUBLIC HEARINGS: PUBLIC HEARING ON THE 1fACATION REOUEST SAU #73- Y i�10TI0N by Councilman Starwalt to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilman Utter. Upon a voice vote, all votrng aye, Mayor Liebl declared the motion carried unanimously and the Pu61ic Hearing on Vacation request SAV #73-12 opened at 7:39 p.m. The City Engineer said this would aid in the overall development of the area and would also atd in cleaning up the area. He explained that the building would be served by 77th Avenue and the portion of the roadway that would be needed would be retained, but the rest of the portion could 6e vacated. The C�ty Engineer said there had been complete concurrance with all of the property owners of the area and they had all indicated they approved of the proposed vacation. He added, there had been a letter received from Northern States Power Company stating if all of the necessary easements are obtained, they would concur in the vacation also. Mrs. G. L. Christenson, 3019 Nash Road said she and her husband were present to represent r�r, Houser. The City Engineer said he would recommend the street 6e vacated if the City retained all of the necessary easements. He added, this would create a betier buildable parcel than is �n existence at the present time. Mayor Liebl asked if there was anyone present who wished to speak to the Council regarding the vacation of Gumwood as proposed and there was no response. MOTION by Councilman Utter to close the Public Hearing. StarWalt. Upon a voice vote all votin y, Ma or Liebl una m mously and the Public I�eartng clos�ed �:45 �. M. Seconded by Counctlman declared the motion carr�ed ��2 REGULAR COUNCIL MEETING OF DECEMBER 17, 1973 OLD BUSINESS: ;ON7RACT FOR PACKAGE PROPERTY AND CASUALTY PAGE 2 TASLED DECEMBER 70 Mayor Liebl listed the four companies who had submitted letters to the City Council in answer to the questions of the Purchasing Agent, Mr. Gordon Middag The four low bidding companies submitting responses to the City were: P. M. Endsley Company, Home Insurance Company; Miner McAlpin Agency, Home Insurance Company; Rice Creek Insurance, Home Insurance Company; and Anderson Agency, Home Insurance Company. Mayor Liebl asked the three agents if they would be willing to share the commission for the insuranee coverage. He continued stating he personally felt if there �s an agent which is offering the City good service, the City should st�ck with him. He said it has been the practice of the City that if there are bids which are identical, the contract would be awarded to the person who lived within the City, He expla�ned, in this case, there are three agents who live in Fridley. He again questioned if the local agents would be willing to divide the commission on the contract. Mr. Bernie Black, Rice Creek Agency, addressed the Council and said he had discussed this possi6il�ty w�th the other agencies involved, and they had called back that morn�ng. He said P. M. Endsley Cornpany was not willing to work on any cooperative basis and split the commtssion, Mr. B1ack said the agent froin P. M. Endsley said this would not allow a large enough percentage to cover the costs of the service of the account. Mr. Black stated he had four full time agents who resided in the City of Fridley, and he would be wrlling to cooperate with the Anderson Agency, but Endsley had indicated they would not be willing to do this. Mr. Richard Schillinger from Anderson Agency addressed the Council and said he had talked to the other agents involved in the bidding and the pro6lem seemed to be one of a very small commission �f the amount were to be split. He said the quest�on would be whether the payment would be large enougY, to cover the service of the account. Mr. Schillinger said he would be willing to split the commission on the contract, but P. M. Endsley had indicated they wou7d not. Mr. Uavid Seppelt, P. M. Endsley, addressed the Council and said they had served the City's insurance needs for the past six years. He stated the agency had saved the City $33,000 in insurance premiums in the past six years. There were only two bidders the last time the contract had been awarded, he explained. �r. Seppelt said there �s really not enough commission to split and the cost of hav�ng someong take care of the account has �o be considered. Mayor Liebl explained this would be a three year award with a premium of approximately $70,000 and asked how much time would be needed to service the account. Mr. Seppelt presented the file of the City account to the Council and said there is about 2,000 sheets of correspondence and recordings in the file. He added, a lot of time and effort had been put into the account and the policy had to be continually updated and claims had to be taken care of. Mayor Liebi said he would be concerned with having good service and he thought it would be easier for a local man to handle the account. He asked how much time per year would be needed to serpice the account. Mr. Seppelt said it would take a man about three to four weeks a year to service the policy, negotiate the cla�ms, and about two weeks by the claims person would be needed, some time is taken in issuing the policy and work is done by the office personnel. He said there are other factors such as underwriting the policy. He continued, it is common knowledge that the commission would he 10� or $7,000, and there is not enough to split and also cover the agency expenses involved. Mayor L�ebl asked Mr. Seppelt if Mr. Dale Hadrath, an agent of the P. M. Endsley resided �n Fridley, and Mr. Seppelt said yes. The City Attorney asked �f 9t would be possible for each of the agencies to service the account for the period of one year each. He said this would allow one of the agencies to serve one of the three years of the contract. � � LJ (. a REGULAR COUNCIL MEETING OF DECEMBER 17, 1973 PAGE 3 Mr. Schillinger said he did not think this would work, it would be a loss of continuity for the City. Mayor Ltebl asked if the contract should be awarded for the three year period to one company or another, and Mr. Schillinger agreed this would be the best procedure. Councilman Starwalt said he thought the contract should be awarded to P. P1 � Endsley Company. He said this would not effect the continuity of the present service and account. He said they had given good serv�ce �o the C�ty for the past three years. Councilman Breider agreed. The Acting City Manager said the recommendations on the coverage as recommended by the staff should he considered also. He explained the base price,for three years to be $70,431 and the additional cost of auto theft and collision coverage which would bring the total for the three year base coverage and the firt year auto coverage to �76,716. He explained this would also cover the open stock at the liquor store. The Finance D�rector explained that the price for the remaining two years may be in different amounts since there may be automobiles added and deleted from the policy. The Finance Director said the open stock coveraqe would provide insurance for theft when the person would hide in the store and not break in, 6ut haul away the stock. He said if the person did not break into the store, there would not be coverage without this plan. Councilman Starwalt asked if the bids from the four dtfferent agencies would be the same with these additions. The Finance Director said yes, there would be no difference in the price of this coverage. The Finance Director said the first year base price for the three years and the additional coverage would be $76,716 with the understanding that the auto insurance would be purchased at today's rates for the next two years. He added, � the cost would vary with the amount of vehicles and the aMivers. Councilman Starwalt asked if the price for the ftrst year would 6e $76,716. Mr. Brunsell said yes, the three year base insurance and the first year auto coverage. MOTION by Gouncilman Starwalt to award the contract for the General Liab�l�ty and Multi Peril Insurance to P. M. Endsley Company with the base bid of $7U,431, plus the coverage for the first year Automobile Coverage of $5,665, plus the Open Stock Theft Coverage of $1,080, plus the Automobile Collis�on coverage at $143 and minus the Cr�me Option of $603, for a total of $76,716, �ith the remaining two years of Automobile Coverage vary�ng in the approximate range of $5,8D0 per year depending on the automobiles insured and the drivers, but that this coverage be at the current rates. Seconded by Councilman Breider. Councilman Nee said he would like to speak in opposition to the awardtng of the contract to P. M. Endsley, although he believed it a sound principle to award the contract to an agency who has given good service. He sa�d he had awarded insurance contracts to firms in this manner for his business, but he does not write his personal insurance with the carrier because he is not good, because he is, but, he writes his insurance with Mr. Bernte Black for many reasons. Counci7- man Nee referred to the tzme when the City of Fridley did not have a bank and Mr. 61ack was one of those in the City who worked very hard for the completion of this goal. Councilman Nee said Mr. Black had done many things for the good of the � Fridley community. He added, all of his employees live in Fri�iey and buy their goods in Fridley. Councilman Nee continued saying when all is even and there is a contract to be awarded, he belteved this sort of community minded aid should have a 6earing on the awarding of the contract. UPON A ROLL CALL VOTE, Councilman Starwalt,voting aye, Mayor Lie61 voting aye, Councilman Utter votrng �ay, Councilman Nee voting nay, and Councilman Breider voting aye, Mayor Liebl declared the motion carried three to two. TO VACATE HICKORY STREET BETWEEN BLOCK 3 AN� 4 AND �� CK 4, ONAWAY ADDITION; GENERALLY LOCATED BETWEEN 78TH AND 79TH AVENUES r"� 3: � 3 REGULAR COUNCIL MEETING OF DECEMBER 17, 1973 PAGE 4 f�i0TI0N by Councilman Breider to waive the reading, and adopt the first reading of the ordinance for vacation request SAV r�73-11, by Allen Zeis to vacate Hickory Street between Block 3 and 4, and alley adjacent to and west of Block 4, Dnaway Addition. S�onded by Councilman Utter. Upon a roll call vote, Councilman Nee voting aye, Counc�lman Breider voting aye, Councilman Starwalt voting aye, Mayor Liebl vuting aye, and Councilman Utter voting aye, Mayor Lieb7 declared the motion carried unanimously and the first reading adopted. , RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF DECEMBER 5, 1973: REQUEST FOR A SPECIAL USE PERMTT, SP. #73-12, BY MOTOF070 OF AMERICA, INC.: The City Engzneer said the request was for the placement of a film drop off center which would requ�re a special use permit. He explained this request was made by Motofoto, Inc. and the Planning Commission had recommended the request be granted w�th some stipulations. The City Engineer said this would come back for Council attention under the minutes of the Building 5tandards Deslgn Control Subcommittee. Counci7man Breider asked where the but7ding would be placed and the City Eng�neer said this would be between the Rice Creek Shopping Center and the Hardware Store. He explained more parking would be provided and there is a large amount of property whTCh would be usable in that area. A representative of Motofoto, Inc. addressed the Council and stated the west side would be a thoroughfare, not a parking area. Mayor Liebi asked if the operation was the same as the Moon Plaza faci7ity. ' He satd if this was true, there would be no need for park�ng to be provided for the operation. Councilman Breider aske� wh,y the facility was being planned to be placed where it is and not in line with the driveway that is there now. The representative stated this was placed in this position at the suggestion of Mr. Levy, the owner of the property who plans some future expansion of the area. Mayor Liebl said Mr. Levy ownes the land back to the apart- ment garages. The City Eng�neer asked the representative if parking would be provided for the amount of park�ng space being used by the placement of the structure. The representative indicated the parking space would be provided to replace the area being used by the structure. He again said Mr. Levy had planned the location of the structure. Councilman Breider asked where the blacktop would be located. The represen- tative of the Company said the line on the plan indicated the striping of the area and where the b]acktop would be. He explained, Mr. Levy had pians to construct another structure between the shapping center and the Hardware Store. The City Engineer advised the Council that they could approve the special use perm�t which would be proper with the requirements, and after this the traff�c pattern cou7d be discussed within the consideration of the Btailding , Standards Design Control Subcominittee minutes. Councilman Breider said he would be prepared to provide preliminary approval of the special use, but would not want to completely approve the concept until he has studied the traffic pattern of the area. MOTION by Councilman Bre�der to authorize prelimtnary approval of the special use permit with final approval to be given after a study of the traffic pattern of the area which would 6e brought to Council within the minutes of the Building Standards besign Control Subcommittee meeting. Seconded by Council- man Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. � � , REGULAR COUNCIL MEETING OF DECEMBER 17, 1973 CONSIDERATION OF A VACATION PAGE 5 The City Engineer advised the Council that this item had been acted upon. ARMORY PRDPOSAL: The City Engineer said there was no action necessary by the Council at this time on this item. ENERGY CRISIS: The City Eng�neer said the Plamm �g Commission had recommended that during the energy crisis, they be appointed as the Energy Commission and given power to make related decisions. He explained the Plann�ng Commission also recommended to the Council that they adopt a resolution which would indicate there would be no outdoor ligh�ing in the City during the Christmas season. Mayor Liebl commented tnat the State and Federal Governments had already determined there would be no exterior lighting for the holidays. He sa�d he thought the recommendat�on by the State that the Civil �efense Director be appointed Fuel Coordinator would he a sound idea because the Civil Defense Dtrector would be a full time employee and able to deal with the prohlems at hand when they arise. Councilman Breider agreed with Mayor Liebl saying with more people concerned with the energy crisis, there would be added problems. He said this should be a Civil Defense matter. Mayor Liebl stated the State had recommended the local governments appoint the Givil Defense Director. MOTION by Councilman Breider to receive the minutes of the Planning Commission Meeting of December 5, 1973, Seconded 6y Counci7man Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the minutes received. RECEIVTNG THE MINUTES OF THE BOAR� OF APPEALS MEETING OF �ECEMBER 11, 1973: A REQUEST FOR A VARIANCE OF SECTION 214.053, 3, FRI�LEY CITY CO�E, TO INCREASE Mayor Liebl suggested the approval of the variance with the stipulation that if the operation were sold or would change hands in the future, the s�gn would 6e taken down. He explained that the sign on the business cannot be seen by traffic traveling north on T. H. #65, and there should be better advertisement for a business that has entertainment and dancing on Saturday and Sunday evenings. L'ouncilman Breider asked if there was a picture available for the Councilmen to determine the location of the placement of the requested s�gn. Mayor Liebl pointed out the placement of the sign in a picture. Councilman Breider asked if the sign would be placed in between the posts of the existing sign and Mayor Liebl said yes. Councilman Utter questioned the dimensions of the proposed sign and Mayor Liebl said this would be 14 square feet. A representative of the facility addressed the Councilman stated the sign would be placed below the Shorewood Shopping Center sign. MOTION by Councilman Utter to approve the variance to allow the placement of the sign with the stipulation that if the business is sold the sign �, `�, 4 `> REGULAR COUNCIL MEETING OF DECEMBER 17, 1573 would be removed. Seconded by Counc�lman Starwalt. PAGE 6 Councilman Starwalt said he believed the sign would be necessary as the operation depended on doing business in the evening hours and the facility cannot be seen from the highway in the evening. Councilman Starwalt commented that the nature of the business ts an improvement and this is an asset to the neighborhood. Councilman Utter pointed out that there are other indiv7dual signs in , the area and there is also a large flashing sign. Mayor Ltebl and the owner of the facility, Mr. Schmidt, discussed the need for the sign and the business' dependence on this advertisement. Mayor Liebl stated the operation has a seating capac�ty of 300. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unan�mously, A REOUEST FOR A VARIANCE OF SECTION 214.054. 2A. FRI�LEY CITY CO�E ED The City Engineer pointed out that the Board of Appeals had recommended approval of the request. MOTION by Councilman Utter to approve the variance w�th the stipulation that no second pylon s�gn be erected as was the stipulation recommended by the Board of Appeals. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Playor Liebl declared the motion carried unanimously. � A REQUEST FOR VARIANCES OF SECTION 205.103, 1, FRIDLEY CITY CODE, TO RE�UCE THE MINIMUM LOT AREA FROM 20,0 0 SQUARE FEET T, 11,200 SQUARE FEET, AfVD S CTION 205.703, 4B, TO REDUCE T�H R�QUIRED SI E YARD FROM 15 FEET fi0 3 FEET TO ALLOW THE CHANGEOVER OF AN EXISING DWELLING INTO OFFICES, LOCATED 0 S 5 AND 6, BLOCK 8, CI Y UIE DITIO , THE SAME BEING 2 8 5 PLACE . E., F I Y, MIN S Q 5 . 5 7 GE , - FIELD AVENUE, NEW BRIGHTON, MINNESOT , 55 2: The City Engineer reviewed the area and said there were neighbors present from the area. Counci7man Bre�der asked �f the building inspector would look at the structure to determine what would have to be done before occupancy. The City Engineer said this is a fairly old structure and would require a lot of work. The C�ty Engineer questioned if the Council should allow this type of work to be done to a building in this area. He added, there are other areas where the commercial properties occupy homes, but in this case, there would have to be an upgrading of the construction to be occupied, Ne said he questioned �f this should be done because there are a number of other properties in the same situation in this area. He recalled the Council had determined there should be a minimum of 20,000 square feet to the commercial properties in this area and this request was for a variance of 11,000, compared to 1 the 20,OD0 requirement. Mayor Liebl said the Council had adopted the plan to use the 20,OOD square foot lots in able to uiilize every 40 foot lot in the area. He reminded the Counc�l that this policy should be followed in order to use every lot in the neighborhood, He said th7s is what was promised to the area people, He explained there are some very m ce homes in the area, and there are also some people who are trying to sell their property. He also reminded the Council that they had denied some variances in this area in the past. Mayor L�ebl sa�d he did not think the property was in good shape at the present time and he would like to know what plans the applicant proposed. He repeated that all of the lots should be a minimum of 20,000, or some � . ��; REGULAR COUNCIL MEETING �F DECEM6ER 17, 1973 PAGE 7 of the lots would be unbwildable. He stressed that all of the area people would have to be protected and he questioned if the properties should be split up in this manner. He indicated the plan for development should be orderly and according to the plan of the City. A member of the audience addressed the Council and said Mr. Rothyeber was � ill at the time of the present meeting and he was representang him in the request for the variance. The man said there is a home on an eighty foot lot which Mr. Rothgeber plans to upgrade and spend about $4,000 for this upgrading. He added, he would like to convert the use of the dwelling to that of offices for attorneys or real estate. Mayor Liebl said this is not what the Council had envisioned for this area and this would not meet the square foot requirements for the development of the area. The City Attorney said the original square foot requirements were for 25,000 square feet per building site and had been amended to 20,000. Councilman Nee said he thought the request for the variance had to 6e denied. He was not sure if the actions and requirements of this area should have 6een placed there in the first place, but since this had been done, they would have to make the best of it. He added, if the Counc�l was going to take action like this, it would have to be followed. He said this may be pain- ful for the area people, but they would have to hold out until it is profit- able for them to sell. He said he thought the Planning Department should be assigned to study the area for the best possi6le development instead of continuing to �ust try to grasp the answers out of the area people while they try to develop the area. Counci7man Nee said he thought it would he the best possibility to encourage one man to buy the area and develop it. He recalled there are some very nice homes across the street from this � property, and these people's interests must be protected. He said if this property is to be developed,�t would have to be a good neighbor to the people of the area because many of them would be ihere for a long time. He went on to state, the neighborhood should not have to put up with a mess, the ordinances should be enforced. � Councilman Nee repeated that the people should have some concepts for guidance on what could be done and what could happen to the area. MOTION by Councilman Nee to de�ay the request for the variance as requested by Mr. Rothgeber. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. A REOUEST FOR VARIANCES OF SECTION 205.753. 2. FRIDLEY CITY CODE MOTION by Councilman Nee to approve the variance as requested by Mr. Nasim Qureshi for 7514 Alden Way N. E. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. The City Engineer said this request had been made by White Oak Builders and there was a problem with the construction time table. A representative of White Oak Builders addressed the Council and said he had talked to all of the area people personally, and none of them ob,7ected to the approval of the request. The representat�ve said he had not been informed that he was to attend the Subcommittee meeting and had not gone to the meeting. He said the footings are in and the blocks are being put in at the present time. „r�,1�� L� REGULAR COUNCIL MEETING OF DECEMBER 17, 1973 PAGE 8 The City Engineer outlined that there is a 50 foot roadway easement area that is not being used at the present time. He added, the movement is to the west and this construct�on will not obstruct the sight from the corner with this amount of open area, He said the construction would be far enough back, and it would be in order to approve the variance. (�OTION by Counc�lman Starwalt to approve the variance as requested by ' White Oak Builders for 5400 Matterhorn Drive. Seconded by Counciman Utter. Upon a voice vote, arl voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Utter to receive the minutes of the Board of Appeals Meeting of December 11, 1973. Seconded by Councilman Starwalt. Upon a voice vote, a71 voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BUiLDING STANbARDS DESIGN COPdTROL SUBCOMMI7TEE OF DECEMBER 3, 1973: � CONSIDERATION OF A REOUEST TO CONSTRUCT SPECULATIVE BUILDINGS LOCATED ON K The City Eng�neer placed a plan of the bu77dtngs on the easel and suggested the Council grant approval of the foundation permit only and the applicant would return �n the future with completed plans for the five buildings. Mr. Zeis addressed the Council and said the exterior of the build�ngs would, be break off black and brick. He explained the piece of property to be , triangular in shape and difficult to develop. He informed the Council that the same style of building would be used throughout the piece of property rather than varying sizes with different shapes. The City Engineer advtsed the Counc�l that a six foot utility easement was needed. Mr. Ze�s continued expla�ning the proposed construction stating the narrowest distance between any two 6uildings would be 90 feet, and he thought this would be large enough to turn around in. Fle said the distances would vary from 90 to 130 feet. The City Engineer recommended to the Council that they approve the location of the proposed structures at the present time and also approve the foundation permit. He continued, the applicant could return to the Council for plan approval. Mayor Liebl said the applicant would have to come back to the Council for approval of the building plans and the landscape plans. Mr. Zeis said he would plan for completion of the pro,7ect in two years, he hoped to be completed by th�s time, but w�th the economy the way it is, it could take this long. He continued explaining he would only be buildtng two of the structures at this time. Mayor Liebl asked the applicant if he would be able to come back �n a month � w�th the build�ng plan and the landscaping plan, and Mr. Zeis indicated he would be 6ack to the Council for this consideration. Counci7man Utter asked if the facilities would be general warehouse or factory and Mr. Zeis said they would be either, or what he could lease them as. He commented, he may sell two of the buildings and keep one l�ke he had done on Beech Street. MOTION by Counc�lman Breider to approve the location of the two buildings and also approve the issuance of the foundation permit for the two buildings. Seconded by Councilman Utter. Upon a voice vate, all voting aye, Mayor Liebl declared the motion carried unanimously. .,, �, - REGULAR COUNCIL MEETING OF DECEMBER 17, ]973 CONSIDERATION OF A PAGE 9 � The City Engineer outlined this request was by Riverside Car Wash on � East River Road and Mississipp� Place and if approved would enab7e the people to get out of their cars without walking outside. He stated the Subcomnittee had recommended the request be approved, but there is still a need for a variance. He suggested the approval of the plan be taken care of in the future with the approval of the variance. Councilman Nee said no actton would be necessary at the present time, and the City Engineer said this is true. CONSIDERATION TO CONSTRUCT AN APARTMENT COMPLEX LOCATED ON THE SOUTH 698 FEET Mayor Liebl asked Mr. Rudolph Dante, Representative from the Wall Corporation when the plans for the complex would be ready. Mr. Dante replied they are working as fast as possib7e and he did not want this to be a poor plan. He continued saying he would like to present the plan to the staff first and obtain their input 6efore going to the Subcommiitee with the ideas. MOTION by Councilman Utter to receive the Minutes of the Building Standards �esign Control 5ubcommittee Meeting of December 13, 1973. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. � CONSI�ERATION OF EXTENSION OF WALL CORPORATION BUILDING PERMITS• The City Engineer up dated the Council saying there was a need for an extension on the Wall Corporation Building Permits that had been issued. He explained that there is a requirement for a surcharge in the State Building Code, but this charge could be transferred if the permits are extended. Mr. Dante said he would like an extansion from the City on the Building Permits and he would like the input on the extension from the Metro Sewer Board for SAC charges. He said tf there are additional charges, this would have to be considered. He added, if the Wall Corporation had to cancel the present permits and re-apply, this would destroy them. The City Eng�neer responded that the City would like to heip �n any way possible and he would recommend that the Council take action extending the permits. He said a credit could be given on the new plan. MOTION by Councilman Utter to extend the Building Permits for the Wall Corporation complex. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Lie61 declared the motion carrted unanimously. RECEIVING THE MINUTES OF THE C�IARTER COMMISSION MEETING OF NOVEMBER 20, 1973: � MOTION by Councilman Utter to receive the minutes of the Charter Commissian Meeting of November 20, 1973. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unam mously. APPROVAL OF PAYMENT FOR TAX FORFEIT PARCELS: MOTION by Councilman Breider to concur with the recommendations of the Adminis- tration and approve the payment for tax forfeit parcels. Seconded by Councilman Nee. Upon a voice vote, all vottng aye, Mayor Liebl declared the motion carried unanimously. RE50LUTION #159-1973 - DESIGNATING THE CIVIL DEFENSE DIRECTOR AS LOCAL FUEL C RDIN TOR: MOTION by Councilman Breider to designate the Civil Defense Director, Mr. Robert L7��� , � REGULAR COUNCIL MEETING OF DECEMBER 17, 1973 PAGE �Q Aldrich, as the Local Fuel Coordinator. Seconded by Councilman Utter. Upon a vo7ce vote, all voting aye, Mayor Liebl declared the motion carried unanimously. - AUTHORIZING THE MO7ION by Councilman Nee to adopt Resolution #160-1973 for the authorization of the implementation of Flood Plain Management Control for the purpose of applying for Flood Insurance under the National Flood Insurance Act. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. #161-1973 - AUTHORIZING AND DIRECTING THE SPLITTING AND REPLATTING MOTION by Councilman 8reider to adopt Resnlution #161-1973, Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor L�ebl declared the motion carried unanimously. RESOLUTION #762-1973 - AUTHORIZING AND bIRECTING THE SPLITTING OF SPECIAL ASSESS- MOTION by Councilman Bre�der to adopt Resolution #162-1973. Seconded by Councilman Utter, Upon a voice vote, all voting aye, Mayor Liebl declared the motion carr�ed unanimously. RESOLUTION #163-1973 - AUTHORIZING AND DIRECTING THE REPLATTING OF SPECIAL ASSESS- M S S 1- , B K , I S I I I TOWNHOUSE REP AT: MOTION by Councilman Utter. Upon a voice unanimously. �reider to adopt Resolution #163-1973. Seconded by Councilman vote, all voting aye, Mayor Lieb7 declared the matian carried RESOLUTION #164-1973 - AUTHORIZING AND DIREC7ING THE SPLITTING OF SPECIAL AS5E5S- MENTS ON PARCEL 205. AUDITOR'S SUBLIIVISION N0. 59: MOTION by Councilman Breider to adopt Resolution #164-1973. Seconded by Councllman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. i� ND DIRECTING THE SPLITTING DF SPECIAL ASSE MOTION by Councilman Breider to adopt Resolution #165-1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. APPOINTMENTS: CITY EMPLOYEES: NAME Del Zentgraf 7390 Tempo Terrace Fridley, Mrnn. 55432 5�2� 6thZStreet N. E. Fridley, Minn. 55432 Ronald G. Fields 2626 9th Avenue N. E. Anoka, Minnesota Garry J , llol k 3614 91st Dr�ve New Brighton, Minn. PDSITION Engineering Aide Engineering Dept. Police Technician Police �ept. Operations & Maintenance Man Park & Rec, Dept. Operations & Maintenance Man Park & Rec. Dept. SALARY EFFECTIVE DATE REPLACES ' � $814 Janisry 7, 1974 New ' per month $703 January 1, 1974 New per (John Brazil month Dispatcher) $805 per month $805 per month January 1, 1974 �anuary 7, 1974 New New REGULAR COUNCIL MEETING OF DECEMBER 17, 1973 PAGE 71 MOTION by Councilman Utter to appoint the aforementioned City Employees as recommended by the Administration. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Nlayor Liebl declared ihe motion carried una m mously. CLAIMS: � GENERAL LIQUOR � � 34057 - 34119 8458 - 8487 MOTION by Councilman Breider to pay the aforementioned claims. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried una m mously. LICENSES: EMPLOYEE DISPENSING: Judy Clark 2517 Quincy Street N. E. Minneapolts, Minn. Jacquelyn Schwartzwald 537 Rice Creek Terrace Minneapolis, Minn. Diane Lawrence 1704 Wellesley 5t. Paul, Minn. BY• Ground Round Ground Round Ground Round JoAnn Foss Ground Round 7895 East River Road #203 Fridley, Minn. Helen Yeats 5712 Bryant Avenue N. Minneapol�s, Minn. Alfred Gmeinder 5200 3rd Street N. E. Minneapolis, Minn. Michael Shelley 264 W. Robie St. Paul, Minnesota Janelle Heikkila 1102 W. County Road D Minnapolis, Minn. Laurel Powers 9724 3rd Street N. E. Minneapolis, Minn. Deborah Burton 3229 93rd Drive N. E. Blaine, Minn. Sandra Steinert 1300 Grand Street N. E. Minneapolis, M�nnesota Edward Hanson, MGR 1735 Marion Street #16 St. Paul, Minnesota Ground Round Ground Round Ground Round Ground Round Ground Round Ground Round Ground Round Ground Round GENERAL CONTRACTING: Follese Electrtc Company Ga-ry Follese 2520 Lowry Avenue N. Minn�apol�s, P4inn. APPROUED BY: Public Safety Director Public Safety Director Publ�c Safety Director Public Safety �irector Public Safety Director Public Safety Director Puhlic Safety D�rector Public Safety Director Public Safety Director Public Safety Director Publ�c Safety Director Public Safety Director C. Belisle FEE: $5.00 '. � � 5. 00 5.00 5.00 5.00 5.0� 5.00 5.00 5.00 5.00 5.00 247 /� REGULAR COUNCIL MEETING OF �ECEMBER 17, 1973 PAGE i 2 Mayor Liebl said Howie planned to sell his business at the first of the year. and he would l�ke Mr. Hill, Pub7ic Safety Director, to check the new owner and the fees could be transferred and the new owner could pay all necessary fees. Fle said the business would be changing hands the first of the year. MOTION by Councilman Nee to approve the aforementioned licenses. Seconded by Councilman Starwalt. Upon a voice vote, all Voting aye, Mayor Liebl declared the motion carried unanimously. ESTIMATES: Comstock & Davis, Inc. Consulting Eng�neers PARTIAL Estimate #4 for Water Improvement 1446 County Road "J" Pro�ect No. ]09-A from May 25, 7973 through iWinneapolis, Minnesota 55432 September 10, 1973 $ 432.00 PARTIAL Estimate #9 for Street Improvement Pro�ect No. 1973-1 and 2 from November 5 through November 30, 1973 $ '174.D2 PARTIAL Estimate #4 for Water Improvement Pro�ect No. 109-8 from November 5 through November 30, 1973 PARTIAL Estimate #1 for 5anttary Sewer Improvement Pro,7ect No. 113 PARTIAL Estimate #10 for Water Improvemant Project No. 111 from May 25, 1973 to September 10, 1973 PARTIAL Estimate #4 for Water Improvement Project No. 71D from May 25, 1973 through September 10, 7973 PARTIAL Estimate #5 for Water Improvement Project No. 1D9-B from May 25, 1973 through September 10, 1973 Meeting with metro Sewer Board personnel and preparation of Metro Sewer Comprehensive Earl Weilke & Sons, Inc. 2514 24th Avenue South Minneapol�s, M�nnesota 55406 FINAL ESTIMATE E. 0 C. - Police Department Remodeling Pro�ect Weaver, Talle & Herrick 316 East Main Street Anoka, Minnesota 55303 November Retainer plus Expenses to the Anoka County Register of Deeds � 214.46 3,250.00 756.00 1,116,00 774.00 � 5,941.07 23,438.18 1,107.00 MOTION by Councilman Nee to approve the aforementioned estimates. Seconded by Councilman Breider. Upon a voice vote, ail voting aye, Mayor Liebl declared the motion carr�ed unanimously. CONSIDERATION OF ACCEPTANCE OF DEED BY CITY FOR OUTLOT ONE, CHESNEY ACRES; a DEED FROM LESTER AND ARDETH CHESNEY TO THE CI7Y FOR STREET AND UTILITY PURPOSES: Mayor L�ebl said there have been some problems in the area and now, Mr. Chesney had 6een kind enough to deed the street to the City. Councilman Utter said he thought the City should accept the deed, because in case of a death, the City may have some court problems. The City Eng�neer said it would 6e necessary to obtain some legal documents from the home owners in the area stating �t would be possible for the C�ty to turn around in the private drives with the maintenance equipment. Councilman Nee said he thought the people would enter into such an agreement with the City. , 249 REGULAR COUNCIL MEETING OF DECEMBER 17, 1973 PAGE 13 MOTION by Councilman Nee to receive the deed and accept ownership of the street for the purposes of maintenance and utilities. Seconded by Councilman Utwer. Mr. Donald C. Carrigan said he would sign such an agreement with the City for the turning of vehicles in the private arive. � Mr. Earl Vickerman said he had bought the Chesney property and he could see no problems in this proposed acceptance of the deed or the agreement for the turning of the equipment in the private drives. UPON A VOICE VOTE, all voting aye, Mayor Lieb1 declared the motion carried unanimously. IVING COMMUNICATION FR�M MR. I MOTION by Councilman Breider to receive the communications from Mr. James Hill, Public Safety Director and from Mr. Irvrn F. Karst regarding advertising hy Home Delivery. Seconded by Councilman UtteY�: Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. COMMUNICATIONS: OFFTCE OF LOCAL AN� URBAN AFFAIRS: NORTH PARK PHASE I: MOTION by Councilman Utter to receive the communication from Mr. William A. Adkins, Directar of Parks and Recreation Grants Section of the Office of Local and Urban Affairs, dated December 6, 1973 regarding the 50% LAWCON reimbursement in the amount of $68,148 for North Park - Phase I, and that the Admtnistration is d�rected to send a letter of thank you to the Office of Loeal and Urban Affairs. , Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Lie61 declared the motton carried unanimously. OFFICE OF LOCAL AND URBAN AFFAIRS: ISLANDS OF PEACE: The City Attorney;said the funds would provide for some of the costs in payment for the contract for deed on the parcels, He commented that he agreed with Mr. Kohlan who was in the process of drawing up the agreement on the property. Councilman Nee questioned if the City or the Foundation had taken title to the property. The C�ty Attorney said $15,000 has been given to the property owner from the Foundation for the Islands of Peace. He satd the agreement would state that the City would be contracting for a part of the land. Counciman Nee expressed concern that the City may be tn trouble after the property owner read the letter from the Office of Local and Urban Affairs. The City Attorney advised Councilman Nee that the property owner coulu not take action against the City, the only thing they could do is cancel the contract. MOT�jON by Councilman Utter to receive the communication from Mr. James J. Solem, Director, Office of Local and Ur6an Affairs, dated December 14, 1973. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. , CONSIDERATION OF EXTRA H�LIDAY SCHE�ULE FOR 1974. The Acting City Manager/City Engineer referred to the schedule as submitted to the Council by the Administration. He satd tn addition to the nine holidays beTng received by the City employees, �uly 5, 1974, Novem6er 29, 1974, December 24 and December 31, 1974, are suggested as holidays with the December 24 and 31 proposed as half day holidays. Counctlman Breider questioned the one half day holidays before Christmas and New Years Day and said the City may save some money by closing the doors to Ctty Hall rather than opening for a half day. The Acting City Manager said th�s had been their suggestion because if City Hall is open the days before these holidays, most of the employees would take thts as a vacation day and not show up at all. He said that there is not too much activity in City Hall on these two days. 250 REGULAR COUNCIL MEETING OF DECEMSER 17, 1973 PAGE 14 Councilman Utter suggested having the City employees take the full day before Christmas rather than come in for the half day, and have the Ctty Hall remain open on the 31st of December. Councilman Nee asked if the holiday would be a full day on Christmas Eve and no holiday on New Years Eve. It was the consensus of the Council ihat this would be satisfactory. MOTION by Councilman Nee to allow the City Employees the addition of �uly 5, 1974, November 29, 7974, December 24, 1974, as extra holidays with the already scheduled days of January l, february 18, July 4, September 2, October 14, October 28, P1ay 27, November 28, and December 25 to remain as holidays. Seconded by Councilman Bre�der. Upon a voice vote, all voting aye, Mayor Lieb7 dec7ared the motion carried unanimously. The Acting City Manager asked what the Council would intend for the coming holidays, He commented that the State Offices would be taking the entire day of the 24th of December. He asked if this would apply to the City with the half or full days. MOTI�N by Councilman Utter to grant ail City employees including the Police Department Employees the day before Christmas as a holiday, and that no overtime or time and a half would be paid �o work out this schedule, for this adjustment. Seconded by Councilman Nee. The Acting City Manager asked if this would mean that the City employees would be work�ng the 31st of December. He said this would be one day off and one day on, Councilman Utter said this was his intent. � UPON A VOICE VOTE, all voting aye, Mayor L�eb7 declared the motion carried unanimously. RESOLUTION #166-1973 - EXPRESSING APPROVAL TO THE MINNESOTA STATE HIGHWAY DE The Acting City Manager said he had checked with the State Highway Department on this matter, but found that the State would need a Resolution from the City granting their approval of the placement of the signs in this area. MOTION by Councilman Nee to adopt Resolution #166-1974, indicating approval of the City of Fridley for the placement of "No Parking" signs on the service road ad�acent to the Metro 50D station. Seconded by Councilman Utter. Upon a vo�ce vote, all vot�ng aye, Mayor Liebl declared the motion carried una m mously. BY MR. EARL BIERMAN, 7830 ALDEN WAY FOR SPECIAL MEETING WITH THE FRIDLEY nirri orr_nonrnir_ ninoru onov. crT rno innninov ic io�n. Mayor Liebl said he had been contacted 6y Mr. Bierman who requested the Council meet with his group on the North Park issue. Councilman Nee suggested the Couneil set a date for a meeting. Mayor Liebl asked the members of the Council if 7uesday, the 15th of �anuary would be satisfactory with them. The Consensus of the Council was that this would be agreeable. F;OAD CONSTRUCTION ON 37TH AVENUE WHICH HAMPERS OPERATIONS AT FRIDLEY LIOUOR STORE 1 Mayor Liebl sa�d the roadway on 37th Avenue has been tArn up which makes it very difficult to gain access to the Fridley Liquor Store and George Is In Fridley � and he asked when this construction would be completed, The Acting City Manager said the work would be completed the second week in January. Mayor Liebl asked the Administration to forward this information to the owner of the husiness and the Acting City Manager said he would do this. CONCERN REGAR�ING TRAFFIC SIGNAL AT T, H. #47 AND MI55ISSSIPPI STREET: Mayor Liebl asked �f the Administration had done anything to solve the problem of the signal at T, H. #47 and M�ssissippi Street. He commented, it is impossible for the traffic to get across the street before the light turns. The City Engineer said the signals are set to give the preference to the through traffic, REGULAR COUNCIL MEETING OF DECEMBER 17, 7473 251 PAGE 15 Counc�lman Bre�der commented he did n�t think the signals were working properly. He repeated, tl is impossible to get through because the lights change too fast. He said some of the time the light seem to work and will allow traffic to go through. � ERNING PLACING A"NO RIGNT TURN" SIGN ON T. H. #65 � Councilman Starwalt said he would oppose the placement of the "i�o Right Turn After Stop" stgn on the intersection of T. H. #65 and flld Central Avenue. He �nd�cated the 6elief that this would make th�problems of the area more severe. Councilman Utter sa�d the cars do not stop there, they run right through. r � COUNCILMAN STARWAL7'S CONCERN AT THE TNDICATION OF THE �ESIRE FOR THE PLANNING COMMISSI N TO WQRK S THE RECO E DING B �Y RING THE ENERGY CRISIS: Counci1man Starwalt commented he thought the Council should indicate to the Planning Commission that their concern for the problems of the Ciiy during the energy crisis is appreciated. �RAFTING OF INFORMATION FOR ADDITIONAL LIQUOR LICENSES TO BE SUBMITTE� TO THE HDUSE: Mayor L�ebl asked if there had been any information drafted to be sent to the House concerning additional liquor licenses. The Ctty Attorney said he had the necessary information, but had not drafted the papers at the present time. PLANNING OF A��ITIONAL BUS STOPS IN CITY OF FRIDLEY: Councilman Starwalt questioned the City Engineer if the City had any plans for additional bus shelters to be constructed in the future. He said he had talked to many people and they all feel their local siop is the most important stop. Mayor Liebl said the Metropolitan Transit Commission had just adopted three of the proposed stops in the City and approved the construction of shelters. 7he Acting City Manager said the City had City and there are other locations in the does not have the revenue to complete all CONCERN REGARDTNG SNOW PLOWING EQUIPMENT: been working on the overall plan for the plan. He said the Transit Commisison of the plans at the present time. Mayor Liebl asked the City Engineer if the maintenance equipment for the snow removal and maintenance of the roads during the winter rnonths was in top condition for the upcoming season. The City Engineer assured Mayor Liebl that the maintenance vehicles were �n good condition. � RECEIVING BIDS ON HARRIS LAKE ESTATES. The Acting City Manager/City Engineer said the bids for the improvement of the Harris Lake Estates would be received on December 20, 1973. He indicated he may call the mem6ers of the Council individually on this matter. ADJOURNMENT: MOTION by Gounctlman Utter to adjourn the meeting. Seconded by Councilman Starwalt. Mayor Lie61 wished the members of the Council and Staff a Merry Christmas and a prosperous New Year. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously and the Regular Meeting of the Fridley City Council was ad�ourned at �70 on December 17, 1973. f��pectfully su it ed, -__.J•`� `-�o✓ Patricia Ellis Secreiary to the City Council %}�G..�..ct�w.�_-�/ � i? S� Dat Approved ��'C��.� �. � Frank G. Liebl, Mayor