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03/18/1974 - 000159681 �; w? THE MIfVUTES DF THE REGULAR MEETING OF THE FRI�LEY CITY COUNCIL OF MARCH 18, 1974 Tne Regular Meeting of the Fridley City Council was ca7led to order at 7:36 P.b1., 11arch 18, 1974 by Mayor Liebl. PLEDGE OF ALLEGIANCE: Ilayor Liebl led the Council and the audience in saying the Pledge of Allegiance to the Flag. INUOCATION: The Invocation was offered by Mayor L�ehl. ROLL CALL. f1EMBERS PRESENT P9EMBERS ABSENT PROCLAMATION: Councilman Starwalt, Councilman Utter, f9ayor Liebl, Councilman Nee, and Counci7man Breider. None. fVAMING MARCH 29, 1974 -"VIETNAM VETERANS DAY": ��'iayor Liebl read the proposed Proclamation aloud to the Council and audience. MOTION by Councilman Utter to adopt the Proclamation, naming March 29, 1974 as "Vietnam Veterans Day". Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimous7y. PRESENTATION OF AWARDS: CERTIFICATES OF APPRECIATION - NUMAN RELATIONS COMMITTEE: GEyE GuSTAFSON ROBERT L t�;ICKSON ADOLPH KUKOWSKI EILEEN STENBERG CERTIFICATE OF APPRECIATION - ENVIRONMENTAL QUALITY COMMISSION: ftONALD F, B�RTON Mayor Liebl read the names of those to receive the awards aloud and asked if they were present and would come forward to receive the certificates. , � Mayor Lie61 read the Certificate of Appreciation aloud to Ms. Eileen Stenberg and thanked Ms. Stenberg for her community participation. Ms. Stenberg said the term was very interesting and she had en,7oyed it. Mayor Liebl read the Certificate of Appreciation aloud to Mr. Adolph Kukowski and congratulated him and wished him luck in the future. Mayor Liebl directed the Administration to forward the remaining Certificates to the proper parties. APPROVAL OF MINUTES: PUBLIC HEARIIVG MEETING OF FEBRUARY 11, 1974: , iN�TION by Councilman Nee to adopt the minutes of the Public Hearing Meeting of the Fridley City Council of February 11, 1974 as presented, if there are no other additions. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. �EGULAR MEETING OF FEBRUARY 25, 1974: f�OTION by Councilman Starwalt to adopt the minutes of the Regular Meeting of the � �``,s� REGULAR COUNCIL MEETING OF MARCH 18, 7974 Page 2 Fridley City Council of February 25, 1974 as submitted if there are no other additions or corrections. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously, REGULAR COUNCIL MEETING OF MARCH 4, 1974: � f�OTION by Councilman Starwalt to adopt the minutes of the Regular Meeting of the Fridley City Counci7 of March 4, 1974 as presented. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. � � AD�PTION OF AGENDA: Mayor Liebl said there would be two additions to the agenda as follows. Claim from Weaver, Ta71e, and Herrick for February retainer, Consideration of 5treet Light on Fairmont Circle. MDTION by Councilman Nee to adopt the agenda as amended by the aforementioned additions. Seconded by Councilman Breider. Upon a voice vote, al7 voting aye, f4ayor Lieb7 declared the motion carried unanimously. VISITORS: MR. CURTIS JOHNSO;V, 2300 WILSON STREET N. E. - REQUEST FOR VARIANCE OF BACK YARD SETBACK L T 1, BLOCK , INId�bRTH A��ITION, THE SAME BEING 7412 NORTH INNSBRUCK DRIVE, FRIDLEY, MINNESOTA 55432: Mr. Curtis Johnson addressed the Council and explained he had come to City Ha71 to apply for a bui7ding permit and was advised he did not meet the requirements for back yard setback and would have to appear before the Board of Appea7s for approval of the request in order to receive the building permit. He said there had been some problems and he feared if the construction would not start at the present time, this would effect the pricing schedule. Councilman Starwalt said he felt the Board and Commissions were an important part of the process, and this may be looked at later in the meeting. He stressed it may be late in the even9ng before the remainder of the Agenda items would be taken care of. MRS. EDWARD FITZPATRICK, 5273 HORIZON DRIVE, FRIDLEY: Mrs. Fitzpatrick addressed the Council with a request for fund�ng for the Nucleous Clinic in Coon Rapids. She stated the C1-inic is in desperate need of financial aid and may have to restrict their patients to residents of Coon Rapids if sane aid is not received soon. i40TI0N by Councilman Nee to present the matter to the Council on the next agenda or April 1, 1974, at the Regular Council Meeting. Seconded by Councilman Breider. lJpon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MR. MILTON PETERS: 6242 5TH STREET N. E., FRIDLEY: REQUEST FOR CITY TO BEGIN YOUTH ACTIVITIES FOR HIGH SCHO L AGE: Mr. Peters addressed the Counci] and asked if there is to be something done for the ,7uveniles in the City of Fridley. He said he would like some recreational activities for the teenagers of the City. He listed the possible act�vities at the present time to be limited to activities at the parks, roller skating and ice skating. He asked what the City of Fridley was going to do about keeping the young peo�le out of trouble. Councilman Breider addressed Mr. Peters saying he had a strong interest in the youth activities of the City and if there was a program started, would he chair the group. Councilman Breider continued stating the problem w�th such a proposal is the continuation of a good leader. Mr. Peters sayd he would chair such a group if it was or�ginated. Councilman Breider said the big problem would be to get something going said he thought it was about time that something was brought up. OLD BUSINESS: Mr. Peters � ��� � REGULAR COUNCIL MEETING OF MARCH 18, 1974 CONSIDERATION OF APPOINTMENTS TO COMMISSION FRIDLEY ENUIRONMENTAL QUALITY COMMISSION: ABLED 3-4-74 Page 3 Mayor Liebl recommended Mr. Thomas Sullivan be reappointed to the Commission. MOTION by Councilman Breider to reappoint Mr. Thomas Sullivan, 1350 Gardena � Avenue, to a three y,ear term to the Environmental Quality Commission. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Playor Lieh7 declared the motion carried unanimously. POLICE COMMISSION: Mayor Liebl said the current member ��hoseterm is expiring is Wi76ur Whitmore. MOTION by Councilman Breider to reappoint Mr. Wilbur Whitmore to the Police Commission. Seconded by Councilman Starwalt. Mayor Liebl said he had a recommendation for the appointment, Mr. Elmer Olson, 5361 Horizon Drive. Councilman Nee said he believed Mr. Whitmore has done a good �ob. UPON A VOICE VOTE, dll voting aye, Mayor Liebl declared the motion carried unanimously. PARKS AND RECREATION COMMISSION: f�OTIGIJ by Councilman Utter to appoint Mr. David Harris, 470 Rice Creek Blvd. to the Park and Recreation Commission. Seconded by Counci7man Starwalt. Mrs. LeeAnn Sporre, 301 Ironton, said she believed there should be a 6alance on the Commission, not only those living on Rice Creek should be appointed. She said the majority of the appointments are from Rice Creek and Ward One. She said there are many people in Ward Three. Mr. Ken Sporre said he realized Ward Three had heen fortunate with the addition of several parks, but the only point they were trying to make is that there should be some balance, not all the members should be from Ward One. Councilman Starwalt asked the Chairman, Pn4a,yor Liebl to cal7 for the question. UPON A ROLL CALL VOTE, rlayor Liebl voting aye, Councilman Utter voting aye, Councilman 8reider voting aye, and Counci7man Nee votinq nay, and Councilman Starwalt voting aye, Mayor Liebl declared the motion carried, four to one, and said Mr. Harris would be the newly appointed member to the Park and Recreation Commission. I - f�10WING AND YING OF PROPERTY FOR CITY OF FRIDLEY MOTION by Councilman Breider to award the contract for Mowing and Cleaning or Spraying of property for the City of Fridley to Mr. V. Vaseka, according to the price of the bids received March 4, 1974. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimous7y. Councilman Breider said he would like to continue with the action of the previous year in notifying the property owner of the cost uf removal of weeds before the work is done, so this would not be a shock to the individua7 when the bill is received, Councilman Breider said he had noi rece9ved any complaints when this procedure was followed and he would like it continued. CONSIDERATION OF APPROVAL OF FINAL PLAT P. S. #47-01, RICE CREEK ESTATES, BY GOODCO INC., Ai�D PINE TREE BUILDERS; GENERALLY LOCATED BETWEEN RICE CREEK ROAD AND 61ST AVENUE AND WEST OF BENJAMIN STREET: The City Manager pointed out that there are two areas of concern on the proposed plat. He explained one to be in the area of the Thielmann property where Woodside Court would be extended from Briardale. He said Mr. Thielmann was in his office and he � i REGULAR COUNCIL MEETING OF MARCH 18, 1974 Page 4 indicated he was going to meet with the representatives of Goodco, the Ward Councilman, and the Councilman at Large. Councilman Starwalt said he had talked to the people on Saturday and they had not reached a decision. Councilman Starwalt said the peop7e invo]ved had indicated they would be present at the meeting. He said �here was talk of an agreement for the four lots belonging to Mr. 7hielmann being sold io the developer to 6e contained in � the deve7opment. He said they had not worked out the details concerning the costs and other things. He said this proposal would allow Woodside Court to continue into the plat rather than be dead ended ai this time. Mr. Thielmann seemed satisfied with thts arrangement, but the documents had not been prepared at that time. The City Manager went on to explain the second area of concern being an extension of 61st Avenue to the west. He said there had 6een a lot split granted in this area creating a parcel which was owned by different people. The City Manager placed a plan of the proposed plat on the overhead pro�ector and explained this is the staff recommendation for the overall development of the area, and it would provide adequate access to the hack lots, create better utilities if the lots are spl9t and create access to the lot which had already been split. He said there is one ]ot split and the Council would be bound to provide access, if not legally, morally. He again pointed out that the p7an being shown was the ultimate plan for the area, and this plan, if not followed immediately, could be achieved in the future depending on the time table of development of the area. (The plan extended the roadway beyond the section line and created a cul-de-sac on the far westerly properties.) Councilman Utter said he had talked to the people of the area and they did not want the road to go through as shown on the plan being viewed. He said they preferred the plan where the development would only extend to the section line with a cul-de-sac installed there. He suggested the remainder of the property could be put into outlots, and could be developed in the future. He suggested the Council listen to the comments of the people of the area who were property owners in the westerly section. � Councilman lltter said the man who owns the lot which had been split is in St. Cloud, or someplace, and the people of the area attending the meeting would favor stopping the road access at the section line. Councilman Utter continued to explain there had been unusual circumstances concerning the approval of the lot split. He explained the property owner had originally app7ied for the sp7it at the City, and the City had turned down the request, After this, he continued, the property owner went to the County, and the County split the property. Then, the original owner, Mr. John E. Peebles, sold the souther7y section of the property to Mr. Stan Davis. When Mr. Davis was in the process of selling the property, he was made aware of the lot split that had not been approved by the City, and which he did not know existed at the time of the purchase of the property. Councilman Utter continued explaining, Mr. Davis had come to the Council the week he planned to move out of town and requested the split from the City be granted to clear the title of the property before its sale to Ms. Elaine 6rown. Councilman Utter stated, Mr. Davis required o6taining the split before he could move out of the City, The City Manager referred to the plan with the extension of 61st avenue to serve the split lot and said the City had approved this plan years ago. Ihis plan had been approved by the Planning Commission and the Council. He explained the lot split request had come up at the May 27, 1973 meeting during the visitor's sect�on. Councilman Starwalt said it was his understanding that there had not been any � final approval on the plat,previously. �ouncilman Utter explained the P]anning Cornnission had approved and recommended the plan to stop the development of the area at the section line, ihe Council had not taken any action on the plat. He pointed out this plan to be on page 3-B of the current agenda. Councilman Starwalt said there would be three property owners affected by the assess- ments if the roadway and utilities were continued by extending 61st Avenue. He stated, all of the property owners to the south and the developer favor the plan to extend 61st. Councilman Starwalt felt this plan would save money for the people of the area whoes lot� extended to this parcel, in the long run. The City Manager said the four lots on the south of the road have heen split and platted. Councilman Breider asked how the assessments on the property such as this wou7d be figured. !_ 4�� �i REGULAR COUNCIL MEETING OF MARCH 78, 1974 Page 5 Ihe Finance Director, Marvin C. urunsell, said if the property were sp7it and the utilities were installed, the City would assess both sides. He explained in this �nstance, the benefit to the property owner would be figured as if someday they would be splitting the property for development and this would be a normal rate because there �s enough area for the construction of a dwelling on the back portion. He further explained, this would not be so if there was not enough area for a second structure, because it would be determined there would be no benefit to the , property owner, he wouid not 6e able to construct the second. He said this would concern the special assessments, the taxes may not be raised by the spli�. Councilman Breider asked if the full rate would be assessed for the back street assessment and the Finance Director said it would be. �:ouncilman Breider said it was possible that �he property owners would not split the property in the future, and would receive no benefit from the instal7ation of the improvements. The �ity Manager said if the property is large enough to build another house, the property would be assessed. The City Attorney said if the property involved had improvements instal7ed on the front and back, and the size of the property would not permit the construct9on of another house, there would be some consideration because ihis would not benefit the property owner. He stressed, this case is different than the cases where the property owner would not be able to build on the back portion. Councilman Utter said east of the sect�on line, there is property dedicated for the roadway and west of the line, there is no dedication for the right of way. He said the City would have to condemn the property to gain the right of way 6ecause he knew the people would f7ght this dedication. Mayor Liebl asked the City Manager whai his recommendation from the Engineering standpoint would be. The City Manager repeated, as recommended two to three years ago, and the City had hired a p7anner to determine, and as was approved by the � Council at that time, the roadway should extend to the westerly section of the property in question. He explained the construction of the complete roadway would not have to be done at this present time, but if'this is put off, the peop7e of the area would have to pay the construction costs and these would rise substantially as time goes on. He said there was no question about which was the best p7an, the only question would be how much should be done at the present time. He said if the construction would be done all at one time, this would be less expensive for the property owners. The City Manager said if the property owners want to pay the additional cost for the development of the area in the future, the choice should 6e given to them. He pointed out to the Council that they had adopted the plan he proposed and if they did not want this plan at the present time, this could be rescinded. He said if the plan were approved at this time, a temporary cul-de-sac could be instailed east of the section line, but his would be quite expensive on a temporary hasis. He said the additional development in the f,�ture would be a small area and very expensive with the constant rtsing cost of development. He said the people should be given their choice. Mrs. Charles Rice, ]541 Ferndale Avenue, asked what happened to the plan the Council had seemed to favor the previous week. The City Manager said the plan being proposed does the same thing as the plan of the previous meeting, He said this would allow a plan to provide for access in future development of the area. He said the first plan worked for the same conclusion in the future. He said the question would be to do the work now or stage the construction. Mayor Liebl said the construction of the cul-de-sac on the temporary basis would , be very expensive. The City Manager said the staging could provide for a dead end roadway at the section line with the installation of an area large enough for maintenance equipment to turn around in. Councilman Starwalt r�peated the area people did not favor the installation of the roadway at the present time 6ecause they were concerned about the costs invo7ved, and when the assessments would 6e payable. The Finance Director said the assessments would be on the tax rolls in ]976 or 1977. Mr. Larry Lembke, 1505 Ferndale Road, asked when he would be receiving notice of payment for the assessments installed in the front of his home. He explained these improvements had ,7ust been installed the previous year and he had not received a statement for them. � � a �/ REGULAR COUNCIL MEETING OF MARCH 18, 7974 Page 6 He said if this were approved, he would have to pay the assessments for the front and the back at the same time. Councilman Utter said the proposed improvement would be estimated at $4,000 for Mr. Lembke's property, for the back improvements. � P�ir. Lemb;.e said since he had moved tnto the home, he would be paying a total of $6,000 in special assessments. Councilinan Breider said this improvement would include water, sevaer and paving of the street, which is expensive because a raw cut of the previously undeveloped area would have to be made. He added, this would also take care of the installation of the curb9ng and this type of construction adds up the costs rapidly. A resident of the area asked if this installation would include the storm sewer. He said he had been hooked on the separation of the improvements once before. He said the City had asked him to dedicate 30 feet of his property for right of way, He said he would do this anyday, but he would not agree to this if after he had given the property to the City he would in turn receive a$4,000 special assessment levy for this. Councilman Starwalt said he had talked �o Mr. Arel about this. The City Manager said it would be possible for the area people to dedicate the right of way, and the City would only construct the roadway to the section line. He satd 7t would be possible to do nothing in the other area at the present time. He said the area property owners could develop the area in the future at additional expense, rie stressed the importance of informing the people that this would be more expensive in the future because this had happened in the past and the people protest the high cost of the development when others assessments are lower. He said the people have ineJicated they would not split their land, but this type of statement is made all of the time with the property soon 6eing split. ' He repeated, later on when the improvements are requested, they would be expensive. He suggested adopting the complete p7an for the area and installing a temporary cul-de-sac, and obtaining temporary easement from the developer. The City Manager cont�nued in the future, if four out of six people of the area request the improvement, it would be installed. A resident of the area stated if he would give the City the right of way for the extension of 61st Avenue, they would insta7l the improvements, because they would then have control of the property. Councilman Starwalt said if it is necessary to obtain the right of way through condemnation� the cost of the condemnation wou7d be assessed back to the property owners. P1r. Charles Rice said he thought the construction of the road was for the sole purpose of access for Mr. Peebles, regardless of the other four people affected. He said Mr. Peebles had not attended the meetings or expressed his thoughts. Councilman Starwalt said he had talked to the Browns and they had been in contact with Mr. Peebles, and Mr. Peebles does not ob,7ect to the installation of the improve- ments. Mrs Charles Rice addressed the Council and said she did not want the roadway and improvements installed on the back portion of the property. She stated she had pur_chased the property because of the location and the large parcel. She went on, � if she wanted to 7ive on a square parcel ad�acent to and back to back from another home, she would not have bought this property. She said they had bought the property because they wanted breathing room. She again said this is why she had bought the property, which was in excess of normal size properties. She stated this was getting her down. She asked the Counci] what the City expected of peop7e. Councilman Breider satd he did not believe the extension of the roadway and improvements for the people of the area to gain two accesses to their property for the total of $6,500 plus the interest at 7% for 20 years would be feasib7e. He questioned the profit margin in this type of arrangement. He said he would agree with the area people to a large extent. He said he did not believe if they wanted 7arge lots, they should be forced to split them just to gain the money to pay for the special assessments. He said over a 20 year period, this would be a great deal of money. Mr. Lembke said he had paid $4,000 extra for the property because of the large s9ze. He stated, three of the area people opposed the improvements and one favored them. �, i�� ; REGULAR COUNCIL MEETING OF MARCH 78, ]974 Page 7 He �xplained, the people residing on the hill also opposed the improvements. He added, they did noc want the additional traffic. idayor Liebl questioned what would be done with the portion of the plat dea7ing with the 7hielmann property when he did not attend the meeting. Counc9lman Starwalt said he wouTd recommend continuation of the roadway in this area. Councilman Utter said he did not feel the question on Woodside Court could be resolved , that even�ng, b,�t he felt the issue on 61st shou7d be so the area property owners would not have to attend another meeting. MOTION by Councilman Utter to approve the plan for the plat i�n the 61st Avenue area as shown on page 3-B of the agenda with the plat and improvements ending at the section line. Seconded by Councilman Nee. The City Manager said this would leave only two builda6le lots in this section of the plat because the cul-de-sac takes up the only portion of buildable property on the other two lots. Councilman Utter said he thought there could be four lots in this area. The City Manager stressed, these would not be buildab7e lots because of the elevations of the area. Councilman Breider asked why the lots could not be extended back to make them buildable. The City Manager said there is a very steep hi17 in this area and the terrain is very difficult. He said the only buildable portion of the property would be where the cu]-�e-sac would be instal7ed. Councilman Utter questioned -if the cul-de-sac wou]d take up this much area. The City Manager said the City's standard size cul-de-sac is a i00 foot circle. Mayor Liebl asked the City Attorney if the Council could deny the man access and egress. The City Attorney said the lot was 7and locked at the time the split was granted, and there had never been any access. He continued, the City is not denying the man something he once hacl, Counciiman Utter asked Mayor Liebl to ca17 for the question. UPON A 110ICE VOTE, 1layor Liebl, Councilman Utter, Councilman Nee, and Counci7man Breider voting aye, Councilman Starwalt voting nay, Mayor Liebl declared the motion carried four to one. J The City Manager said he would bring the remainder of the plat for Council consideration when there is some agreement on the settlement between Thielmann and Goodco. RECEIVING THE MINUTES OF THE PLANNING COMMTSSION MEEETING OF MARCH 6, 1974: The City Manager saitl the rezoning request did not require Council action at the present time. SPECIAL USE PERMIT, SP #74-01 BY G. RALPH SKINNER: PER FR Ihe City Manager said the Planning Commission had recommended approval with three stipulations. He said there were some problems and the man wanted to bui7d a garage and the Planning Commission had recommended some stipulations. He said I:he building is currently on skids and could be moved. Mayor Liebl said he would like to see the peitioner live up to the three st�plations. Mayor Liebi read the three recommended stipulations aloud to the Council and audience. Mayor Lieb7 asked if Mr. Skinner was present at the meeting and there was no response. �' i�i0TI0N by Councilman Utter to grant the building permit with the three stipulations recommended by the Planning Comm�ssion and with the addttion of the fourth, that before the building permit is issued, the Building Inspector would inspect the property. S�conded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Lieb] declared the motion carried unanimously. � ' � , REGULAR CDUNCIL MEETING OF MARCH 18, 7974 �...- : i FOR LOT SPLIT. L. S. #74-02, ISkRNARD URBICK: SPLIT LOT 39. AUDITOR'S The Gity Manager advised the Council that the Planning Commission had recommended approval of the request with the stipulation that park property be provided. rv10TI0N by Councilman Utter to concur with the recommendation of the Planning Commission and grant the lot split as requested 6y Mr. Bernard Urbick, Lot Split #74-02. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Lie61 declared the motion carried unanimously. The City Manager said he had an extension of the current item which would need Council action at this time. He explained there was an agreement by the property owner to sell 30 feet for park and 60 feet of additional land for a total price of $2,594.72, wh�ch is a fair price for the land, he added. He pointed out this property to be in the Innsbruck North erea. He said this wou1d be two buildable sites and more than where the home is. MOTION by Councilman Utter to execute the agreement between Mr. Bernard Urbick and the City of Frid7ey for the purchase of land in the amount of $2,594.72. Seconded by Counc�lman Starwalt. Counci7man Starwalt said this property is in the same area as the 12 acre park site in Innsbruck North. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. TREE ORDINANCE: The City Manager said the Planning Commission had set a Public Hearing on the Tree Ordinance for March 20, 1974 and there would be no action necessary by the Council at this present meeting, REVIEW OF FINAL PLAT. RICE CREEK ESTATES, P, S. #74-01, GQODC�, INC., AND PINE The City Manager said this item had been taken care of earlier in the meeting. REZONING REOUEST ZOA #74-01, I ING NELSON CO The City Manager said the item had been cont�nued at the Planning Commission level. The City Manager said the remaining items on the Planning Comm�ssion agenda were discussion items and would not require any Council action, but the Council cou7d discuss the items. MOTION by Councilman Breider to receive_the minutes of the Planning Commission Meeting of March 6, 1974. Seconded by Councilman Utter. Upon a voice vote, all voiing aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF MARCH 3, 1974: A REOUEST FOR UARIANCES DF SECTION 274.D313. FRIDLEY SIGN ORDINANCE, TO I The City Manager said the first item in the minutes dealt with a request for a variance in the sign ordinance requested by Unity Hospital. He exp7ained the Board of Appeals had recommended denial of the variance. .I .�_ a? REGULAR COUNCIL MEETING OF MARCH 18, 1974 Page 9 The City Manager said there was a representative of the sign company which would be installinq the signs present to represent the petitioner, Mr. Charles Peugh, Signcrafters, Inc. Mr. P..ugh presented the Counc�l with a colored picture of a sign which he explained to be an exact drawing of the emergency sign proposed, Ne said the signs were proposed for the south entrances to the hospital to identify the route to the ' emergency entrances to the Hospital. He continued to expiain that the sign had been presented to the Board of Directors at the Hospital and they determined the need for the sign. Ne also explained the addition of the gold colored tr�mming on the stgn which was to add eye appeal. Mayor Liebl asked Mr. Peugh if the instaliation of ihe signs would alleviate the prob7ems in the area. He stated it is difficult for the people entering the hospital to find the emergency entrance. 14r. Peugh agreed, saying there are three roads entering the hospital and when people are dealing with an emergency situation, they do not want to waste any time looking for the proper entrance. He said there is a prob7em with the currently being used smaller signs 6ecause they get buried in the snow and cannot be seen. Mayor Liebl asked the f�r. Peugh if the signs 6eing proposed would be l�ghted directional signs. Mr. Peugh explained they would be lighted from the inside of ihe sign. He said the sign had been designed of material which would take no maintenance and retain its pleasant appeal. He said the exterior material is sturdy enough to be hit with a hammer and not be broken. Councilman Breider said there are lights on the MTC shelter across the street, and he did not bel�eve the installation of ihe directional signs would be a detriment to the area, f�10TI0N by Councilman Utter to grant the vaxiance for the directional emergency entrance signs to Unity Hospital from six feet to 75 square feet. Seconded by Councilman Breider. Counc�lman Starwalt questioned the size of the sign and asked if the sign needed to be as large as the proposal to take care of the prob7em. Mr. Peugh explained when you are in the area, you are looking for the emergency signs, a ien foot sign would not allow the sign to be seen for too great a distance. He stressed the sign would have to be 7arger to do a good job. Councilman Starwalt said he was hoping someane from the hospital would have heen present at the meeting to express their views, ' Mr. Peugh said this was the jab of the sign erector. He said it was a part of the original agreemeni 6etween h�s company and the hospital. Mr. Peugh said the hospital feltlhe sign company knows their business and it had been determined that someone would have to represent the Hospita7 at the various meetings at the City, and it had been determined at the outset of the proposal that this would be up to the sign company. He exp7ained that the size of the lettering of the sign would have to be seen for at least a block away from the signs, and according to actual sight tests, this is the size of s9gn and size of lettering that would be required to identify the entrances from this distance. Peugh ' Councilman Utter asked if the members of the Hospital Board had approved the installation of the sign and also the need for the sign being proposed, Mr. said this was correct, they had iaken action to install the sigh. Counc7lman Starwalt asked at the time the action was taken and the instal7ation of the sign was discussed with the sign contractor, did the Hospita] Board know this type of sign and size of sign would need a variance from the City. Mr. Peugh said yes. He added, the Board knew it would take an apprearance at the Board of Appeals and also the City Counci7, and this was to be a part of the sign contractors duties in the installation. UPON A VOICE UOTE, Mayor Liebl voting aye, Councilman Utter voting aye, Councilman Nee voting aye, Councilman Breider voting aye, Councilman Starwalt abstaining, Mayor Liebl declared the motion carried. REGULAR COUNCIL MEETING OF MARCH 18, 1974 Page 10 i^,� Councilman Starwalt said he would like to make it a matter of record he had not abstained from the vote because he opposed the construction, he was disturbed that no representative from the Hospital was preseni at the meeting. The City Attorney said he thought it should be a matter of record that the petitioner had also requested the installation of the larger sign (Sign #1 in � the minutes of the Board of Appeals meeting) this request had not been continued at the Council meeting. MOTION by Councilman Utter to receive the minutes of the Board of Appeals of March 3, 1974. Seconded by Counci7man Breider. Upon a voice vote, all voting aye, i�layor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE JOINT MEETING OF THE PLAPJNING COMMISSION AND 60ARD OF M07ION by Councilman Utter to receive the minutes of the Joint Meeting of the Board of Appeals and Planning Commission Meeting of March 13, 1974. Seconded by Councilman Nee. Upon a voice vote, a17 voting aye, Mayor Liebl declared ihe motion carried unantmously. RECEIVING ANU CONSIDERATION OF PREPARATION OF ENVI Mayor Liebl said the Report had been prepared by the Administration after his request that they do so. Ne said it had 6een a unanimous vote of the Environmental Quality � Commission that an assessment be submitted to the Council, and he believed the City should submit the statement as the Council had requested. MOTION by Councilman Breider to receive the statement from Mayor Liebl regarding the appearance made before the Environmental Quality Council on the North Park review, Seconded by Councilman Starwalt, Upon a voice vote, all voting aye, ilay�or Liebl declared the motion carried unanimously. Councilman Breider asked the difference between the impact statement and the assessment statement. T:ie City Manager said the Counci1 basically wanted an assessment statement that would include ihe utilization of the property surrounding the site and a7so a prel- inary plan for the development of the area. He said this �;�ould not be a detailed impact statement with the determination of each species of tree and the effect on the area if it was changed in any way. The City Manager said the City Council would have to determine if they wanted to proceed with the preparation of the assessment statement and the preparation of a preliminary plan for the development of the golf course. He said he believed the Council would need a plan of the area to assess the development. He said the Council would not be assessing the plan, but would be assessing the impact of the plan. Councilman Breider recalled the City Council had already directed the Administrat�on � to prepare such a preliminary plan. The City Manager said presently the Administrat9on was working on an agreement with the consultant for the preparation of such a plan. He pointed out to the Council that there is a 45 day time limit on the preparation and submission of the assessment statement to the Environmental Quality Council. He said the question at the present time would be that the preparation of such a statement would cost a considerable amount. He saAd it would be up to the Council to determine what amount of money should be spent on the statement. He said if the Council would authorize this, the Administration would go ahead and prepare the needed statement, He said the preliminary plan should be approved by the Council prior to submission to the Environmental Quality Commission. Mayor Liebl said the Council had directed the Administration to prepare the preliminary plan and also directed them to hire a naturalist. Mayor Liebl said ii would be poss- iole for Brauer and Associates to prepare such a plan. �,�,'� REGULAR COUNCIL MEETING OF MARCH 18, 1974 Page 11 �1r. Oon Brauer, Brauer and Associates addressed the Council and said this would be possible, but the time limit of 45 days would not leave the firm much time to involve the community in the preparation of the plans or much time to work with the naturalist to obtain his views of the overall plan. He stated, 45 days is not enough time. i�e said it would 6e possible to ask the Council for an extension. Mayor Liebl explained his attendance at the Environmental Quality Council meeting saying the Council approved their bylaws ,7ust five m7nutes before they considered ' the matter of the pet�tion submitted concerning the North Park area. He said it was also a matter of rules that the petition was to be answered in the period of 45 days and this had not been answered for 60 days. He stated the Environmenial Quality Council should live up to their own rules, before telling the CTty what to do. He said this action was taken after all the various community groups had taken action on the matier. He said the Impact Statement had not been required at this time, only an assessment statement. Mr. Brauer said he had not had any experience with the Environmental Qual9ty Council in the State of Minnesota, this is the first time anything had been brought before them. He said he did have some experience at the Federal leve] and he and the City Manager had discussed this. 1r. 8rauer said his original Brauer report could be subinitted to the Federal Council and this would serve as an assessment statement, but it has not been determined if this w�uld be sufficient in the State of Minnesota. He sa7d he did not know if the plan of the installation of the buildings and the parking lots would be needed at this iime. He said this would not be determined in this area for some time, no one has submitted such a staiement in the State of Minnesota. Mayor Liebl recalled there had been 50Q signatures on the petition to submit this usage to the Environmental Quality Commission. He continued stating it would be very simp7e to obiain a statement with the opposing view and another statement would have to be prepared. He mintioned the possibility of reviewing the petition and ask�ng those who had signed it to prepare the assessment statement. Ne said the tota7 impact statement could be required and this could run up to $10,000 cost ' to the City. He stated this could be detrimental to the entire program. Mr. Brauer said the impact statement wou7d be very expensive proposition and would have to be done by the naturalist. Councilman Breider suggested sending the Brauer report as an assessment statement, and if the Environmental Quality Council would want more information, the City could go from there, hiayor LIebl said the Brauer report did contain the factors of community surroundings, which was a part of the position of recommendation. MOTION by Caunctlman Breider to send the Brauer Report to determine if this would be an adequate assessment statement. Seconded 6y Councilman Starwalt. The C�ty Manager said it would 6e possib7e to proceed in this manner. He said he would need some direction in the manner the Council wished h�m to move. He said the C�ty would take the risk by not giving them a deta�7ed enough report. It would be possible for them to request additiona] material which would have to be sent within the alloted time period. He said this may further limit the time for the preparation of the preliminary plan if it would be required later. The City Attorney said the Brauer Report had already cost the City $11,000. Councilman 6reider said if the Council would request additional material later on, LV�e City would add more information. The City Manager said the terminology is questionable. Cauncilman Breider said , the Brauer report has an impact and study of the whole area. 7he City Attorney stressed the importance of obtaining the wording of the actual motion of the Environmental Quality Council. EI;: asked if it would be possible to obta7n the minutes or a recording of the meeting. He said this should be requested from the executive offices or the legal counsel of the group. He said he would suggest some communicat�on with the staff request�ng this information with the understanding that this would be helpful to the City in preparing the necessary information. REGULAR COUNCIL MEETING OF MARCH 18, 1974 Page 12 The �ity Attorney again mentioned the time lim�t of 45 days and questioned if this 45 days would begin at the time the Environmenta7 Quality Council directed the preparation of such a statement. He commented it may be possi6le for the Council to grant one extension to the City for the added amount of 15 days for the preparation of the assessment statement. � Councilman Breider suggested sending the map prepared by the Parks and Recreat�on Department with the open space areas of the City tndicated. Mayor Liebl said the Comprehensive Plan should be submitted also. The City Manager said some areas of advice would be needed from the Council on whether the Adminisiration was to proceed with pursuing the agreement for the prepar- ation of the preliminary plan by Brauer and Assoc�ates. He said he had been 9nstructed to not proceed until the naturalist had been hired for the City staff. He mentioned the C�ty had o6tained many applications with many people indicating good backgrounds. The City Manager said he would 7ike to wait for the advertisement for the naturalist to appear in the municipal magazine in order to determine if there are any applicants suited for the position from other areas in the state. He explained the advertise- ment for this municipal publication had to be submitted to the publication a long time before it appeared in print. He further explained this was to appear currently. �ouncilman Breider questioned when the Administration would be completing the process of recommending a person for the position of naturalist, The City Manager said this could be done within another month. The City Manager said if an extensive study is required, he may be required to come back to the Council for further direction. Counci7man Starwalt questioned if there should be some dialogue with the staff at the Environmental Quality Counci7 before the report is sent to determine if this would be � the wishes of the Council. The C9ty Manager again pointed out that this is the first project of the Council and their first assessment statement, and he had talked to the staff. �PON A VOICE VOTE, all voting aye, Mayor Ltebl declared the motion carried unanimously. STATUS REPORT REGARDING NIRING OF A NATURALIST: i�10T10N by Councilman Nee to receive the report from the City Manager regarding the hiring of a naturalist dated March 14, 1974. Seconded by Councilman Utter. Upon a voice vote, all voting aye, i1ayor Liebl declared the motion carried unanimously. The City Manager said the City had received a large number of applications for the position and wou7d be able to proceed with the review of the app7ications, and just wanted to let the Council know this information. Mayor Liebl asked if there was any change in the Council's thinking on the hiring of a naturalist. He asked the members of the Council individually if they would reaffirm their position and approve the hiring of the naturalist. Councilman Utter said he felt as he did originally, and would want to hire the naturalist, Councilman Breider said he had not changed his mind and wanted the naturalist hired, Councilman Nee said he was in the same position as he was originally. Councilman Starwalt said he also felt the same about hiring the natur�list and he would recommend the hiring of a part time summer student, but this was a cost factor, not opposition to the program. Councilman Starwalt said the proposed program has many pros and cons and he had � serious questions about the worth of a naturalist in a full time position at this time. Counci7man Starwalt said he had talked with Mr. Ken Sporre and he would recommend the Council not go into this program at this time. He called on Mr. Sporre to express his thought on the matter to the Gouncil. Mr. Ken Sporre said he believed it to be important to have a nature center before the naturalist. He satd this proposal would make as much sense as creating a golf course in the City w�th one hole in each end of the City. Mr. Peters addressed the Council and questioned obtaining the services of a naturalist to take care of the golf course when the City did not have the golf course at the present time. He said some money could be saved hy delaying the hiring of the naturalist. ir. Adolph Kukowski, addressed the Council and said he felt this wou7d be a Guaste 11� REGULAR COUNCIL MEETING OF MARCH 18, 1974 Page 13 of money at the present time. He said he could not see the naturalist sitting in City Hall, he should i�ave an area of use. He said w7th no plan on the proposed usage, there would be a waste of money by the hiring of the natura7ist, Councilman Breider disagreed stating he had talked to a few naturalists and each of them have a plan for a program for the City of Fridley. He said this could be done in this manner without the formation of the specifics and a7lowing the person to formulate the program, he is the expert. Fle questioned how a good program could be prepared without the involvement of a naturalist. He said the area of usage would have to 6e studied by the naturatist to obtain the greatest possibility of usage of the site. He said planning w�thout the naturalist could greatly hinder the possible use of the site and also hinder the construction. Mr, Peters suggested hiring a local naturalist who would be familiar with the natural features of the area and their changes through the seasona7 changes. P9r. Thomas Sullivan, addressed the Counci7 and said the City could always use a naturalist, and this would be at any time, He said the naturalist would be needed to determine the scope of the program in North Park. He said if the decision on the utilization of the area would be determined to be a nature center, there may be a need for the addition of another naturalist. He stated he would noi want the Counci7 to use the hiring of a naturalist to take the place of the installation of the nature center in the City. fhr. Dennis Schneider, addressed the Council and said the City is eventually going to need the services of a naturalist, it should save what natural features it can save now. He said he believed the City should htre the naturalist at the present time. Councilman Starwalt said there had been no appropriations made for the naturalist in the 1974 budget, and where would the City draw the 7ine. He said it all comes out of the citizens' pockets and there have been some priorities set. He added, the position of the naturalist would require a committment of payment of $18,oQ0 for the remainder of the year. He questioned if this should be taken from the Park Budget or Should the C�ty allow the mill levy to raise. He questioned if the money should be spent at the present time and whether or not this would be good for the people of Fridley at the present time. Mr, Sullivan said if the matter of the possibility of the necessity to prepare the impact statement is assessed, the naturalist wou7d have to do the study and he could spend this time preparing for this and familiarizing himself with the area. He continued stating it would take some time to assess a parce7 of this size and he believed the position would generally be good for the City. Councilman Breider said he had talked to people who had visited the North Park area because they have heard about all of the natural characterists and animals, and the people are unable to find any anima7s in North Park. He stressed the Counci7 had decided what they were going to do and it would not help them get there with the further discussion of the present meeting. He stated, they would have to get there someday. Councilman Utter sa�d at one time the Park and Recreation Director was only a part- t�me position and the program did not expand to a full time program until the full- time director was hired. He said this was the same situation with the Fire Department. rle commented, the same would apply to the nature program, there wou7d hav� to be full-t�me leadership for an adequate full-time program. He stated the on]y way to achieve this would be to h�re the naturalist, Mayor Liebl repeated his question of the inembers of the Council on their position on hiring a naturalist and the consensus was there had not been a change. Mayor Liebl directed the City Manager to proceed with the necessary process to make a recommendation to the Counci7 for the person to �e hired as a naturalist, Councilman Breider stressed there should be a time table set for this to be brought back for Council consideration; Ive asked if a month would be adequate time to complete the review procedure. The City Manager said the advertisement was just appearing in the League Magazine at the present time and this would appear in all of the municipalities in the State. He again pointed out that the copy for the advertisement had to be su6mitted by the 15th of the previous month to appear in the upcoming publication. ' , � �,� REGULAR COUNCIL MEETING OF MARCH 18, 1974 Page 14 Councilman Breider asked when this would be brought back to the Council. He suggested April 15th. He said this would 6e the third meeting in April and the C�ty Manager agreed to this. RECEIVING THE COMMUNICATION FROM THE � I�OTION by Councilman Starwalt to receive the communicat�on from the Metropolitan Airport Commission regarding the land for golf course and the copy of the property agreement between MAC and Richfield, 5econded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. The City Attorney potnted out that the agreement appeared to have a stra�ght line depreciation and they would be able to take the property back. P1ayor Liebl read the portion of the agreement aloud to the Council and audience. Mr. Ken Sporre, addressed the Council and questioned the term of the recapture clause and the terms and amounts of the rental, Councilman Breider said the rental would be based on the gross after the bonds were paid. Councilman Nee said this means the rental wou1d be a percentage of the profit, He explained if money is madF on the go1f course, MAC would make money. He said it is a very long document. Mr. Sporre asked what would happen if within the 25 year lease program, the Airport Commission wished to take the property back. Counci7man Nee believed then they would pay the City. Mayor Liebl asked if they would pay up the remaining bond. Councilman Breider said there would be no approval to bui7d on the property unless the plans were reviewed by the Commission for lighting and landscaping, etc. i�ayor Liebl pointed out that this would be within another City and the City of Fridley would also have to be responsible to their wishes and regulations. He added, this would require a three governmental agreement. � Mrs. LeeAnn Sporre addressed the Council and stated when Councilman Leo Anderson of Blaine talked to �he Council, he asked the City of Fridley to tell the City of Blaine what they were proposing and B7aine would answer all of the questions needed, Mayor Liebl stated he would not ask, he would not spend the citizen's money in another community. He said if there wou7d be any money made it wou7d have to be given to the City of Blaine and the Metropolitan Airport Commission. Mrs. Sporre said she thought the City of Fridley should do some negotiating and de�ermine what the situation would be. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE INTERIM REPDRT ON LIQUOR OPERATION: i�layor Liebi noted that the L7quor Store Manager, Mr. Bob McQu�re was present. Mr. McGuire addressed the Council and said the stock in the East River Road Store would be removed the following day. Mayor Liebl asked if the staffing costs would be decreased by this action. He asked if the liquor stores could be maintained and operated with two full time employees ' with the remainder of the employees being part time, Mr. McG�ire said this would be aoss761e with two full time people in each store and some part time help. Councilman Starwalt asked if this would mean adding part time he7p or retaining the part time help now employed for this work. Mr. McGuire said he would keep the people he has now and still use their services. Councilman Starwalt said, then, they were not talking about replacing any full time people with part time peop7e. Mr. McGuire said this would be correct. Mayor Liebl asked if there would be enough people in the store to take care of the people at the peak hours. Mr. McGuire said he had talked to the City Manager concer m ng the htring of carry out boys, which wou7d aid in the customer aid and allow the clerks to continue at the cash registers. Councilman Utter said he believed the regular employees could take care of the carry out needs. Mr. McGuire said he had cut the staffing of the store down to two people at the present time. Councilman Utter suggested sameone be hired to stock the shelves, �aost of the ttme, they are out of many items, � �F} REGULAR COUNCIL MEETING OF MARCH 18, 1974 Page 15 I�lr, McQuire said they try to keep the stock on the shelves, and he thought this had been done recently. He added, the Council would have to take into consideration that at times, they are out of stock also. Counc�lman Utter said he thought the people at the cash registers would need proper orientation to be able to keep the shelves in order and continue to run the cash registers when needed. Councilman Nee said he thought the idea of hiring carry out boys would be a big help especially for the women shoppers. He said the people taking care of the counter would be paid more to carry out parcels than the carry-out boys would. councilman Utter agreed with this point. Mayor Liebl stated Councilman Breider had asked the Administration to come up with a plan to obtain 12% profit, if this could not be done, the City of Fridley should get out of the liquor business. Mayor Liebl said this is what the people had been telling him and this is the information he would like to relate to the Liquor Store Manager. Councilman Breider said he thought the closing of the store plus the reduction of some of the staff would bring about a higher profit. Councilman Breider said he thought five full time employees would be sufficient to staff the stores and during the busy hours, the part time peo�nle could be employed. He said this would � be a reduction in the labor costs with the majority of enefits goin to the full time people. t;ouncilman Breider said the City has its back against the wall, tney did not want to cut staff, but they were being forced to. He said he thought the action reported in the report to be a good start in reducing the losses. MOTION by Councilman Utter to receive and concur in the interim report from the City Manager on the 7�quor operation. Seconded by Councilman Breider. Upon a vo�ce vote, all voting aye, ,�ayor Liebl declared the motion carried unanimously. RECEIVING BIDS AND AWAR�ING CONTRACT FOR STREET IMPROVEMENT PROJECT ST. 1974-1 n�n c'r in�n �> nacnc _ The City Manager said the low 6id had been su6mitted by H. & S. Asphalt in the amount of $278.266.15 which was lower than the Assistant Engineers estimated price of the project. The City Manager said he would like to make the Council aware that the price of asphalt has gone from $36 a ton to $92 a ton. Hardives, Inc. 3030 Harbon Lane North, Suite 216 Minneapolis, Minnesota C. S. 6icCrossan, Inc. Box 336 Osseo, C�Iinnesota 55369 Bituminous Roadways 2825 Cedar Minneapolis, Minnesota 55403 Bury & Carlson, Inc. 6008 Wayzata Boulevard Minneapolis, Minnesota 55416 H. & 5. Asphalt Company 5400 Industry Avenue N. W. Anoka, Minnesota 55303 Alexander Construction Co. Rd. 42 S� Fairgreen Avenue Apple Valley, i�1innesota 55068 5°� $299,553.45 5� 344,141.48 5% 311,09�,83 5% 291,423.14 5% 278,266,15 5% 319,545,54 Dunk7ey Surfacing 5% 329,998.30 3737 East River Road Minneapolis, Minnesota 1 1 ' REGULAR C�UNCIL MEETING OF MARCH 18, 1974 B7ds continued• Riegger Roadways 920 West 122 Street Burnsville, Minnesota 55378 5% y� 332,347.65 Page 16 --- � MOTION by Councilman Utter to receive the bids and concur with the recommendation of the City Mana er and award the contract for Street Improvement Project St. 1974-1 and ST. 1974-2 (MSAS}� to H. & S. Asphalt in the amount of $278,266.15. Seconded 6y Council- man Nee. Upon a voice vote, all voiing aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF GIRL'S SUMMER GYMNASTIC CLASSES: f+i0TI0N by Councilman Nee to concur with the proposal for the girl's summer gymnastic program. Seconded by Counc�lman Utter. �pon a voice vote, all voting aye, Mayor Lie61 declared the motion carried unanimously. The City Manager explained this would be an area of cooperation of D�strict #14 and the Ctty of Fridley. He said there would be additional programs and cooperation between the City and the School Board which will be brought about by quarterly meetings. ION #36-1974 - APPOINTING, REAPPOINTING AND CONFIRMING EXISTING APPOINTMENTS rccrnnic Qnnonc rnnnnnrrTrrc mm� cnornnnnnrTTrrc rno -rur vrno in�n. MOTION by Councilman Utter to adopt Resolution #36-1974, appointing, reappointing and confirming existing appointments to commissions, boards, committees, and subcommittees for the year 1974. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. �RESOLUTION #37-1974 - FOR SIGNALIZATION OF � Y D � i+lOTION 6y Councilman Nee to adopt Resolution #37-1974 approving agreement No. 57642 with the Minnesota Highway Department for �he signalization of T. H. #i65 at 73rd Avenue N. E. Seconded by Councilman Utter. Upon a voice vote, all vot�ng aye, Mayor Liebl declared the motion carried unanimously, RESOLUTION #38-1974 - DESIGNATING STATE AI� STREETS; MAIN STREET FROM OSBORNE ROAD TO 79TH AVENUE N. E.; M6TION by Councilman Utter to adopt Resolution #38-1974, designat�ng State Aid Streets: Main Street from Osborne Road to 79th Avenue N. E. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Lieb7 declared the motion carried unanimously. APPOINTMENT: EIVVTRONMENTAL OFFICER: Councilman Utter said he had read the advertisements for this position and the natural- ist pos�tion, in the Minnesota Municipality magazine and this position called for a college degree and the naturalist position did not. He questioned ihis difference. The City Manager indicated this had been done to leave the door open to everyone. He said he would like to recommend the person best suited for the position. Councilman Utter asked if the Environmental Officer would take on the duties of the Weed Inspector. The Administrative Assistant, Peter J. Herlofsky, said yes. Counc�l- man Utter questioned if there would be something done about the dogs running around. The City Manager said this positton would be the Health Officer for the City and if the man has time, this could be done. He added, he could work with the animal control contractor. He said the Council had also indicated the rental units in the City would also need some attention. MDTION by Councilman Utter to appoint Mr. Steven Olson, 3421 2nd Avenue South, as Environmental Officer in the Community Development Division of the Eng�neering �epartment, effective April 1, 1974, with the starting salary of $941 per month. Seconded by Councilman Breider, llpon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. � A LI REGULAR COUNCIL MEETING OF MARCH 18, 7974 Page 17 CLAIMS• GEfJERAL 34935 - 35116 LIQUOR 8703 - 3753 MOTION by Councilman Utter to pay the claims. Seconded by Cauncilman Nee. Upon ' a voice vote, all voting aye, �layor Lieb7 declared the motion carried unanimously. LICENSES: Eh1PL0YEE DISPENSING BY APPROVED BY FEE B�rnadine �ane Peterson (New) Ground Round Public Safety Dir. $ 5.00 1170 52nd Avenue N. E. #7 Minneapolis, Minnesota DELIVERY TRUCK Hmerican Linen Supply Co. James D. Pratt Public Safety Dir. 70.00 700 Industrual Boulevard Minneapolis, Minnesota CIGARETTE Fridley A& W �onald P. Tarasar Public Safety Dir. 12.00 7429 East River Road Fridley Barry Blower 99 77th Way N. E. �. K. Carter Co. Public Safety �ir. 72.�0 Bob's Produce Ranch Ro6ert Schroer Public Safety Dir. 12.00 ' 7620 lJniversity Ave. Brook's Superette #15 Brooks Hauser Public Safety �ir. 12.00 1042 Osborne Road Burger King �231 Burger King Public Safety Dir. 12.00 64i0 University Ave. Corporation Cantral Embers, Inc. Central Embers, Public Safety Dir. 12.OD 5400 Central Ave. Inc. Chanticlear Pizza Richard A, Kempe Public Safety Dir. 12.00 6304 Highway #65 Club 47 Robert E. Sr�yder Public 5afety Dir. 72.00 6061 University Ave. Country Club Market Country Club Public Safety Dir. ]2.00 6275 Nighway 65 Market, Inc, Country Kitchen Nicholas A. Funaro Pub7ic Safety Dir. 12.00 280 57th Place CUB Jack Hooley Public 5afety Dir. 12.00 ' 250 Osborne Road Dave's iexaco David Haugen Public 5afety Dir. 12.00 6307 Highway 65 Dealers Manufacturing SirVend, Inc. Pubiic Safety Dir. 12.00 5130 Main Street Fireside Rice Bowl Glenn F. Wong Publ�c Safety Dir. 72.00 7440 Central Ave. Fr�dley Food Market John A. Rieck Public Safety Dir. 12.00 8154 Highway 65 � � L_.J REGULAR COUNCIL MEETING OF MARCH 18, ]974 CIGARETTE LICENSES CONTINUE�: Fridley Terrace, Inc. 7400 Highway 65 Frontier Glub 7365 Central Ave. Holiday Village North 250 57th Avenue Holiday Village North 250 57th Avenue Holiday Service 5tation 5807 University Ave. Howies 240 Univers�ty Ave. ,l�mbo's Pizza 248 Mississippi St. K. C. Hall 6831 Highway 65 Kentucky Fried Chicken 751� University Ave. Kurt Manufacturing 5280 Main Street LaMaur, Inc. 5601 East River Road Larry's Champlin Superette 7298 Highway 65 Map1e Lanes 6310 Highway 65 Midland Co-op I-694 & Main Street Minco Products 7300 Commerce Lane Mr. Steak 5895 University Ave. Moore Lake Union 76 5695 Hackmann Ave. P�Q Food Store 620 Osborne Road Penny's Super Market 654D University Ave. Phillips 66 5667 University Ave. Phillips 66 65D0 University Ave. Pollies 6225 Highway 65 G�:rald E. 7oberman Page 18 Public Safety D�r Marlene Ann Povlitzki Public Safety Dir Canteen Co. of Minn. Public Safety �ir Er�ckson Brothers Central Service Co Robert E. Gorrell James Schooley Chester Michurski Carl Beaudey SirVend,Inc Pioneer Distributing Company Larry L. Ludford Moore Way Vending Public Safety D�r � /� 1 �� 12.00 12.00 12.00 12.00 Public Safety Dir. 12.�� Public Safety Dir. 12.00 Public 5afety Dtr. Public Safety Dir Public Safety Dir Public Safety Qir Pubiic Safety Dtr Puhlic Safety �ir Publ�c Safety Dir 12,00 ]2.00 12.00 12.00 12.00 12.00 12.00 Pioneer Distributing Public Safety Dir. 12.00 Company Canteen Co. of Minn, Pu61ic Safety Dir. 12.00 Incorporated Robert Schachtschneider Public Safety Dir, 12.00 Lee R. Haugen PDQ Food Stores of Minnesota Marion Levine Pioneer uistr�buting Company Pioneer Distribut�ng Company Francis L. f4ager Public Safety Dir Public Safety Dir Public Safety Dir Public Safety Dir Publ�c Safety Dir Public Safety Dir. 72.00 12.00 12.00 12.00 12.00 12.00 %��1 REGULAR COUNCIL MEETTNG OF MARCH 18, 1974 P.ailroad Access. Co. 46.,0 East River Road Rapid Shop Superette 6530 East River Road Reserve Supply Co, 5]10 Main Street Ron's Standard Oil 6490 University Avenue Russ's Superette 6253 University Avenue Snyder's Drug Store, Inc. 6582 University Avenue Target Food Stores 755 53rd Avenue Target Stores Headqrts. 1080 73rd Avenue Tom Thumb Food Market 315 Dsborne Road Town Crier Pancake House 7730 U m versity Avenue Western Station 7600 University Avenue Zapata's 5909 Univers�ty Avenue OFF SALE BEER °o s�' Produce Ranch 7620 University Ave. Brook's Superette #�15 1042 Osborne Road Country Club Market 6275 Highway 65 CUB 250 Osborne Road Fridley Food Market 8154 East River Road Holiday Village North 250 57th Avenue Larry's Cha,mplin Superette 7298 Highway 65 PGQ Fuod Store 620 Osborne Road Penny's Super Market 6540 University Ave. °apid Shop Superette 6530 East River Road Russ's Superette 6253 Univers7ty Avenue Snyder's Drug Store 6582 University Avenue Griswold Coffee Company Robert S. Hansen SirVend, Inc, Roland Cox Russell Paone Snyder's Drug Store Page 79 Public Safety Dir Public Safety Dir Public Safety Dir Public Safety Dir Public Safety D�r, Pubiic Safety Dir Jonathan Stores, Inc. Pub7ic Safety Dir Vendmark, Inc Tom 7humb Markets, Inc. Craig J. Vargo Wester Stores Div. Zapata Restaurant Robert Schroer Brooks Hauser Public Safety Dir 12.00 12.00 12.00 ' 12.00 12.00 ]2.00 12.00 12,00 Public Safety Dir. 12,00 Public Safety Dir. 12.00 Public Safety Dir Public Safety �ir. Public Safety D7r Public Safety Dir ]2.00 12.00 � 15,OD 15.00 Country Club Market, Pu61ic 5afety �ir. 15.OQ Incorporated CUB, Incorporated Public Safety Dir. 15.00 John A. Riech Public Safety Dir. 75.00 Erickson Brothers Roy L. I�udford PDQ Food Stores of Minnesota Penn-Fridley, Inc. Robert Hansen Russel Paone Public Safety Dir. 15.00 Puhlic Safety Dir. 75.00 Public Safety Dir Public Safety Dir. Public Safety Dir Public Safety Dir Snyder's drug Stor�s, Public Safety Dir Inc, 15.00 ' 15.00 15.00 15.00 15.00 � �_ � REGULAR COUNCIL MEETING OF MARCH 78, 1974 UFF SALE BEER LICENSES CONTINUED: Target Food Store 755 53rd Avenue Tom Thumb Food Market 315 Osborne Road Western Station 7600 University Ave. LIVESTOCK Uennis DeMars 8340 East River Road Audrey Theilmann 1540 Rice Creek Road GARBAGE PICKUP Guy's Disposal (New) Route 1, Box 29 5tacy Jonathan Stores, Inc Tom Thumb Market, Inc Western Stores Div Cont. Oil Dennis DeMars Audrey Theilmann Leander �. Herbst MOTIDN by Councilraan Starwalt to approve the previously by Councilman Nee. Upon a voice Vote, al] voting aye, carr�ed unanimously. ESTIMATES: Smith, Juster, Feikema, Haskvitz and Casser7y Builders Exchange Building Minneapolis, Minnesota 55402 Attorney's fees for District Court Litigation re Columbia Heights Police Re7ief Association Comstock & Davis, Inc. Consulting Engineers 1446 County Road "J" Minneapolis, 1�linnesota 55432 Page 20 Public Safety �ir. Public Safety �ir Public Safety Dir Building Inspector Building Inspector Public Safety Dir, Health Inspector 15.00 15.00 15.00 5.00 25.OD 25.00 listed licenses, Seconded ��ayor Liebl declared the mot�on PARTIAL Estimate No. 1 for professional Engineering Services for planning Sanitary Sewer, Water & Storm Sewer Improvement Project No. 114 $ 1,457.63 $ 14,720.00 h40TI0N by Councilman Nee to approve the aforementioned estimates for payment plus the estimate added to the agenda by Weaver,Talle and Herrick in the amount of $1,700 for the February retainer. Seconded by Counciman Utter. l;pon a voice vote, all voting aye, f�9ayor Liebl declared the motion carried unanimously. CONSIDERATION OF PLACEMENT OF ADDITIONAL STREET LIGHTS ON FAIRMONT CIRCLE: � �nOTION by Councilman Nee to concur with the recommendation of the staff and approve the installation of additional street lights on Fairmont Circle. Seconded by Council- man Utter. Upon a voice vote, all voting aye, P9ayor Liebl declared the moti�n carried unanimously. REOUEST FOR A 1lARIANCE OF THE YARD SETBACK BY CURTIS JOHNSON. 2300 WILSON i�Ir. Curtis Johnson addressed the Council and explained the construction plans which would reduce the num6er of trees to be cut down on ihe parcel of property. The City Manager said he did not think there would be any problems connected with the approval of the variance. He indicated if the applicant has the approval of the � r. ��+ REGUI,AR COUNCIL MEETING OF MARCH 18, 1974 Page 21 abutting property owners, there would be no problems in the approva7 of the variance by the Board of Appeals. He said ii would be possible for the Council io iake action to concur �n the decision of the Board of Appeals and the petitioner would not have to return to the Council for consideration, the decision of the Board of Appeals would stand. MOTION by Counciman Starwalt to stand on the decisian made by the Board of Appeals � on the variance of the back yard setback requested by Mr. Curtis Johnson, 2300 Wilson Street, for the property at 1412 North Innsbruck Drive. Seconded by Councilman Utter. Upon a voice vote, al7 voting aye, Nlayor Lieb7 dec7ared the motion carried unanimously. LICENSE TRANSFER FRDM AMERICAN AUTO LISTINGS TO DAPATHAL, INC. nG T u ucr. The City Manager explained the current situation with the issuance of the license for American Auto Listings stating the Attorney General was currently investigating the operation in its other locations, but the Fridley operatton had been determined with- out claims or injunctions. He said the current request iy for a licenSe to be issued to �apathal, Inc. for a used car business. Mr. David H. Alstrup, 3414 112th Avenue E., Burnsville, addressed the Council and explained he and his partner had bought the franchise fMOm American Auto Listings and paid $20,000 to use their name, and now they had to hire an attorney for the amount of $150,000 to represent them in court against the charges brought against American Auto Listings, He stated it had been determined that the Fridley operation had not been involved. He further explained the operations capital was undel^ the trusteesh�p of the Fridley State Bank to assure proper operation. The City Attorney said the recommendation of the Administration would be to issue the license for the period of three months to assure the City the operation is � clean and the Attorney General does not take any further action to prohibit their actions. He said the opertion could be reviewed at the end of that period of t�me to determine if it is a proper operation. He suggested the Council include the stipulation that the physical development of the property which was to be done by American Auto Listings be done by Dapathal, Inc. He said after the period of three months, if tne �ysical work has heen completed and the operation proves itself to the City, and the Attorney does not prohib7t the operation, the City could extend the l�cense. Mr. Alstrup said the State License had been revoked and reissued to the new partner- ship after it had been determined there was no involvement by the Fridley location. MOTION by Counciman Utter to concur with the recommendations of the City Admirtistration and the City Attorney and issue the license to Dapathal, Inc., Used Cars, 7295 T. H. #65, for the period of three months, and subject to review by the Council after this period to determine if the operation is properly executed, that the physical development of the site be done as agreed upon by American Auto Listings, and that no further action is taken by the Attorney General io prohibit the activities of the operation, Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl dec7ared the motion carried unanimously. The City Manager questioned who the lega7 owner of the property was at the present time. fir. Alstrup said Dapathal, Inc., had taken over the payments on the property and was paying a total of $850 a month with $650 of this payment going directly to � Mr. Gus Doty, the former owner of the property. Ne explained they wanted to be assured the contract for deed was being paid. Counci7man Starwalt asked the name of the operation and Mr. Alstrup indicated this would be Dapathal, Inc., their corporate name. COMMUNICATIONS: MINNESOTA DEPARTMENT OF PUBLIC SERVICE: RAILROAD SERVICE: P10TION by Counci�man Utter to receive the communication from the Minnesota Department of Pub15c Service regarding the Railroad Service dated, March 13, 1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. REGULAR COl1NCIL MEETING OF MARGH 18, 1974 AD�OURNMENT: Page 22 .i ��) MOTION by Counctlman Utter to adjourn the meeting. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Lie61 declared the motion carried unanimously and the Regulur Meeting of the Fridley City Council of March 18, 1974 adjourned at 12:16 A.M. L_J Respectfully submitted, ���, �.� Patricia Ellis Secretary to the City Cauncil ��s�C/%,5, /�� �i Date ApT proved—'r LJ � �� � Frank G. Liebl; Mayo�