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04/01/1974 - 00015957} �, , THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL DF APRIL 1, 1974 T�e r:egular Meeting of the Fridley City Council of April 1, 1974 was ca7led to order at 7.44 P. f1. by 11ayor Liebl. PLEDGE OF ALLEGIANCE: f�ayor Liebl led the Council and the audience in saying the Pledge of Allegiance to the Flag. INVOCATION: T4ie Invocation was offered by Mayor L�ebl. ROLL CALL. PIEMBERS PRESENT MEMBERS ABSENT PRESENTNTIOfV OF AWARD. Mayor Liebl, Counci7man Utter, Councilman Nee, Councilman Breider, and Councilman Starwalt. None. CERTIFICATE OF APPRECIATION. P�1R. GARY STIMMLER, PARK AND RECREATION COMMISSION: ,�layor Liebl said Mr. Scimmler had called and said he would not be able to attend the present meeting. riayor Liebl read the inscription on the Certificate of Appreciation aloud to the Council and audience. i�layor Liebl directed the Administration to forward the Certificate to Mr. Stimmler. APPROUAL OF MINUTES: � PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF MARCH 11, 1974: ' rlOTION by Councilman Utter to adopt the minutes of the Public Hearing Meeting of the Fridley City Council of March 11, 1974 as presented. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, 6�4ayor Liebl declared the motion carried unanimously. ADOPTION OF AGENDA: ��OTION by Councilman Breider to adopt the agenda as presented. Seconded by Councilman Utter. Councilman Utter asked Councilman Starwa�t if he had asked some of the residents in the area of the proposed plat by Goodco Builders to be present at the meeting. He said he thought because the matter of the settlement of the Thielmann property had not been settled, the matter would not be discussed at the present meeting. Mr. Larry Lembke, 1505 Ferndale Avenue N. E. questioned the Council on the status of the plat. ihe City Manager said he had met with the representatives of Goodco Builders, i�lr. Dropps and Mr. Goodroad, last week, and again that afternoon. He exp7ained there had been some kind of agreement with Mr. Theilmann, cut Mr. Theilmann's lawyer had come up with a question in the agreement. He said those directly concerned in the agreement would advise the City when this question is resolved and this matter would be put on the agenda again for Council consideration. He said he would not want the Council to take any action on the matter unless all of the parties concerned were in attendance at the meeting. UPON A VOICE VOTE, all voting aye, f�ayor Liebl declared the motion carried unanimously and the Agenda adopted as presented. Th� City Manager said he would direct the Administration to send written notices to all those concerned with the Rice Creek Estates Plat when there would be further discussion or action by the Council. He repeated, tf�ose concerned would be advised by letter. VISITORS: � i�layor Liebl asked if anyone present wished to address the Council and thare was no response, REGULAR MEETING OF APRIL 1, 1974 OLD BUSIIVESS: CONSIDERATION OF APPROVAL OF DIRECTIONAL SIGN FOR UNITY HOSPITAL: PAGE 2 The Assistant Engineer, Mr. Dick Sobiech, addressed the Council and explained the background on the request� for variances for two signs, one, a directional sign and the other an emergency stgn. He sa�d the directional sign variance request was from a six square foot sign to a 24 square foot sign. He said the next sign, the emergency sign, request was from six square feet to 75 square feet. H� pointed out a diagram of the emergency sign to the Council. He advised the Council that the Board of Appeals had recommended the directional sign,from six feet to 24 feet, be denied, and the Board of Appeals had tabled the request for the variance for the emergency sign, from six to 75 square feet. f�layor Liebl said the emergency sign variance had been approved at the last meeting of the Council. The City Manager said the item had been brought back to the Counci7 because there had been no mention of the directional sign at the last meeting and the petitioner had requested approval of both of the signs. f4r. Charles Peugh, be far enough back driveway. Signcrafters, addressed the Council and sa9d the directiona7 sign would from the street to not interfer with vision and it wou7d not be in the f�lr. Peugh explained the other directional si9n would be to direct deliveries, employees, and those wishing to find the auditorium. One of the purposes of the sign wou7d be to notify the visitors to the hospital that this is noi the entrance for vtsitors of patients. He explained if someone v�siting a patient parked and tried to enter this section, they would have to walk around the building because this entrance is usually locked. Councilman Breider said he had a question concerning the elimination of problems with additional trafftc on Lyric Lane. He recalled in the original plannirg of the addition to the hospital, there was a cut from two to one entrance to the hospital on Lyric Lane. He said ,if the proposal is ]ooked at in 1-ight of all of the exits and entrances to the hospital, this would be needed for direction. Counci7man Breider further commented that the hospital was merely implementing the present plan to meet the requirements of the City to direct the traffic to Osborne Road and not Lyric Lane. He said he could not see any problems with the proposed signs. MOTION by Councilman Breider to approve the variances for both the directional and the emergency signs as requested 6y Unity Hospi�al. Seconded by Councilman Utter. Upon a voice vote, all voting aye, P1ayor Liebl declared the motion carried unanimous7y. IdEW BUSINESS: RECEIUING THE MINUTES OF THE PLANNING COMMISSION MEETING OF MARCH 20. 1974: FOR SPECIAL USE PERMIT SP #74-02, �AVID COPPERNOLL. PER FRIDLEY CITY CODE The City Manager pointed out this request was for a special use permit and the Planning Commission had recommended approval of the request with three stipulations. He said this construction would be a shed. � MOTION by Councilman Starwalt to approve the request for the special use permit as requested by Mr. David Coppernoll for 1328 66th Avenue N. E., for the construction of a storage building and with the three stipulations as recommended by the P7anning commission. Seconded by Councilman Utter. Upon a voice vote, al7 voting aye, r1ayor Liebl declared the motion carried unanimously. TREE ORDINANCE: P9ayor Liebl referred to the recommendation of the Planning Commission and said the Commission had indicated the tree ordinance as petitioned wou7d not be acceptab7e, and they recommended the staff come up with a draft of an ordinance which would be workable and acceptable by the petitioners. The City Manager said the ordinance had been prepared and he hoped that it could 6e reviewed the next week and presented io the Council at the next regular meeting. He said the staff had been working on the response to the P]ann�ng Commission request. 1�� REGULAR COUNCIL MEETING OF AP�IL 1, 1974 PAGE 3 MOTION by Councilman Utter to receive the minutes of the Planning Commission Meeting of March 20, 1974. Secoi�ded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimous7y. Councilman Starwalt said he had attended the meeting of the Planning Commission and he commended Chairman Fitzpatrick on the handling of the meet�ng. He said it was practical with no heated discussions and very informative. He said the staff and the Planning ' Commission had worked diligently to research the matter. RECEIVING THE MINUTES OF THE BUILDING STANDARDS-DESIGN CONTROL SUBCaMMITTEE MEETING OF MARCH 21, 1974: Th� Assistant Engineer said this request was for an addition to the existing building at 7897 Elm Street and the matter was being discussed for a number of variances within the minutes of the Board of Appeals also. He exp7ained the request for the variances in the side yard set back to be from 20 to zero feet. �+layor Liebl read aloud the stipulations as recommended by the Building Standards- Design Control Subcommittee. Couniclman Breider asked if the construction as requested wou7d follow the plan for the area. "4r. Sobiech said yes. He pointed out the location of the proposed construction on an area map. Mayhor Liebl said thts building would fit into the overall development of the area. The City Manager said the building on the other side of the property in question wou7d be built by Mr.Uick Harris and he had agreed to building a similar structure ' with a common wall. Councilman Utter questioned if the building would be free standing without the use of the existing wall. Mr. Pasc4ike, Paco Masonry, said this was correct. He said the construction of the Harris building would not abut this presently being proposed structure. Mr. Paschke said he has more projects in the area, and they would have to be seen to understand the implications of the plan. He said this type of plan would eliminate the trash containers being placed between the buildings, the sidew�lks from the building to the street and the on sireet parking. He stressed this type of construction with the parking in the hack of the building discourages on street parking. He said all of the green area would 6e on one side. Councilman Breider said he would have no objection to the construction of the building. He added, th� usage of the lots of the area has intrigued him, in order to construct a good size building, one would have to purchase the whole block. Fle said this type of construction has made some substantial improvements in the area. Louncilman Nee questioned the installation of only three parking stal7s. He added, some businesses of this size are required to have 11 to 12 stalls. He said he did not know what kind of business would need only three parking stalls. The City Manager said it is only in the industrial areas that this kind of parking 19mitation is used. He eXplained the requirements in the commercial areas would be much nigher. He further explained in the small manufacturing business, there may ' be only two to three employees. The City Manager said the ihree buildings would be very contiguous and they had tried to work this out with the zero setbacks. The City Manager questioned the possible installation of the seven parking stalls. Mr. Paschke er,plained there is a great difference (202 feet) in setback between the large building and this building. He said the cars could be stacked and seven spaces could be installed. MOTION by Councilman Breider to approve the request for the building as requested by Paco Masonry for 7891 Elm Street N. E, with the four stipulations recommended by ihe Building Standards-Design Control Subcommittee. Seconded by Councilman Utter, Upon a voice vote, all voting aye, Mayor Liebl declared the moiion carried unanimously. Councilman Breider said the remainder of the requests for the construction of this building from the minutes of the Board of Appeals Meeting of March 26, 1974 should be taken care of at the present time, :� (' RcGULAR COUNCIL MEETING OF APRIL 1, 1974 PAGE 4 EST FOR A 1lARIANCE OF: SECTION 205.134. 4B, FRIDLEY CITY CO�E, TO REDUCE THE 1[P■ � Lrtl\L 1\VI\111] 1'lll\Ill..11l VL1J� I'lll\1\LJVlII JJTTL�• (From minutes of Board of Appeals Meeting of March 26, 1974.) MOTION by Councilman Breider to approve the variance requests as made by Paco, Incorporated to allow the construction of a building at 7891 Elm Street N. E. Seconded by Councilman Utter. Upon a voice vote, all vot�ng aye, Mayor Liebl declared the motion carried unanimously. MOTIOW by Councilman Breider to receive the mmutes of the Bui7ding Standards-Des�gn Control Subcommittee Meeting of March 21, 1974. Seconded by Counci�man Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD DF APPEALS SUBCOMMITTEE MEETING OF MARCH 26, 1974: H , Mayor Liebl summarized the requests of the applicant and said the recommendation of the Board of Appeals was that the hard surface driveway 6e instal7ed one year from the present time. Mr. Larry Miller, 7889-91 Firwood Way N. E. addressed the Council and explained the reason he was requesting the variance is because the driveway is on the property line between his and the adjoining lot. He explained the adjacent property owner to be a widow who does not have a garage and could not handle the expense of half of the driveway. He pointed out that due to the energy crisis, oil and the materials required for the installation of the driveway had increased in price and decreased in supply to the contractors. Mr. Miller advised the Counci] that Mr. Darrel Clark, Lommunity Development Admin- istrator, had suggested to him to request the installation of the crushed rock rather than leave the drive with no surface at all. Mr. Miller said he would like to put in gravel with some binder in it, He explained the feelings of the Board of Appeals that the crushed rock would be spread onto East River Road and thrown about by the traffic. Mayor Liebl said he would suggest the Council grani the variances, and also extend the time period for the installation of the hard surface driveway to two years because of a financial hardship, He pointed out that it is required by the City that all new constructions put in a hard surface driveway. He said this is important for the maintenance of the streets and sewers of the City. � Mr. Miller said he would be willing to put in some sort of stable material. He exp7ained a neighbor had installed some material which was not suitable and his snowblower picked it up. He said the same neighbor tried another material and this seems to be stable enough to not be picked up by the snowblower. Councilman Nee said he had also visited the site and this was on a very wet day and the present driveway was not soft, but, very firm. He said he would also want the driveway paved someday, but he was happy to hear that there was a garage being built there. He continued saying he would�not want to add this financial burden to the property owner at the present time, f�e mentioned the drainage conditions to be such that the driveway would not drain into the street, and this wou7d be no problem in this area. He said the excess water flows in a drainage ditch, ,lOTION by l.ouncilman Nee to grant the variances requests by Mr. Larry Miller for the ��� REGULAR COUNCIL MEETING OF APRIL 1, 1974 PAGE 5 construction of a double detached garage with no restrictions on the surface of the driveway. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Councilman Nee said he wou7d not want the rnotion to contain any reference to the insta7lation of the surface material, h�� believed the present surface would be sufficiently firm and very solid. The City Manager recalled the Council had taken action on this request before the request was considered 6y the Board of Appeals, and the Council action had indicated the Council would concur in the decision of the Board of Appeals. He explained the Board of Appeals had approved the request for the variance. MOTION by Councilman Utter to concur with the recommendation of the Board of Appeals and approve the variance request by Mr. Curtin Johnson, for the construction of a dwelling at 1413 Innsbruck Drive N. E. 5econded by Councilman Breider. Upon a voTCe vote, a11 voting aye, Mayor Liebi decTared the motion carried unanimously. � REQUEST BY MR. KENNETH LEHR, 68 M DGE WAY N. E., FRIDLEY, MINNESOTA 55 32 : fNOTION by Councilman Nee to concur with the recommendation of the Board of Appeals and approve the request far variances as requested by Mr. Kenneth Lehr, 168 Tatmadge Way N. E. Seconded by Councilman Breider. Upon a voice vote, a71 vo�ing aye, Mayor ' Liebl declared the motion carried unanimously, A REQUEST FOR VARIANCES OF: SECTION 214.0315, FRIDLEY CITY SIGN ORDINANCE, TO ALLOW 0 R��F CT�N T� RF FRF�TF� TN 0 M_� 7�AliN� �TCTRT�T 6N� CF�TT�N 77a �GF 1 T� The City Manager advised the Council that the Board of Appeals had recommended approval of the request for the sign. MOTION by Councilman Nee to concur in the recommendation of the Board of Appeals and grant the sign variances request by Midland Cooperatives. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. A REQUEST FOR VARIANCES OF: SECTION 205.734, 4B, FRIDLEY CITY CODE, TO R ION , The City Manager said this item had been taken care of ear7ier in the meeting during the discussion of the Building Standards-Design Control Subcommitteg meeting and the requests for the var7ances had been approved. A REQUEST FOR A VARIANCE OF SECTION 205.103, 4, B1, FRI�LEY CITY CODE, TO DECREASE The City Manager said there was no action necessary on this item at the present time. REGULAR COUNCIL MEETING OF APRIL l, 1974 PAGE 6 A RERUEST FOR VARIANCES OF SECTION 214.0313. FRIDLEY SIGN DRDINANCE. TO INCREASE THE Mayor Liebl said th7s request had 6een taken care of earlier in the meeting when the Council acted to approve 6oth requests. MOTIO� by Councilman Breider to receive the minutes of the Board of Appeals Subcommittee meeting of March 26, 1974. Seconded by Counci7man Utter. Upon a voice vote, al7 voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PARK AND RECREATION COMMISSION MEETING OF MARCH 4, 1974: MOTION by Councilman Utter to receive and concur in the minutes of the Park and Recreation Commission meeting of March 4, 7974. Seconded by Counci7man Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE FRIDLEY HUMAN RELATIONS COMMITTEE MEETING OF FEBRUARY 21, 1974: MOTION by Counc�lman Bretder to receive the minutes of the Fridley Human Relations Committee meeting of February 21, 1974. 5econded by Councilman Utter. Upon a voice vote, all voting aye, I�ayor Liebl declared the motion carried unanimously. Mayor Liebl asked the other members of the Counci] if he would be authorized to appear before the Committee as the minutes indicated the Commit�ee had requested. The Council concurred in approval of Mayor Lieb7's appearance before the Numan Relations C�risnittee. RECEIVING THE MINUTES OF THE ENVIRONMENTAL QUALITY COMMISSION OF MARCH 72, 1974: �MOTIDN 6y Councilman Utter to receive the minutes of the Env7ronmental Quality Commission of March 12, 1974. Seconded by Councilman Breider, Upon a voice vote, all voting aye, ��layor Lieul declared the motion carried unanimous7y. Councilman Nee questioned if there had been any action or determinaiion on the disposal permit for an industry in Fridley. Mayor Liebl asked if this wouid be the Onan plant. He said this permit have been approved by the Federal authorities and the P. C. A. The Assistant Engineer explained the material to be disposed of as water that is used in the cooling of the firm's equipment. He said the water had been determined safe because it did not raise the temperature of the creek water beyond the temperature level set. Counc�lman Nee said he wou7d like the background on the conservancy ordinance and the City Manager said this would be provided to the members on the Council, E ACTION TAKEN BY THE CITY OF FRIDLEY AN� RECEIVING STATUS REPORT REGAR�ING THE CITY OF FRIDLEY REQUEST TO THE RICE CREEK WATERSHED DISTRICT REGARDING STUDIES AND IMPROVEMENTS OF RICE CREEK AND LOCKE LAKE: �May�r L7eb1 said the staff has furnished the Council a report which includes all of the action of the City since 1955. He explained this information included a reference check for all available material concerning the Rice Creek and Locke Lake areas. He said the recommendations in the consultants' survey were good ones and the recommendations in the Assistant Engineer's report were exceilent. MOTION by Councilman Nee to express support of the Hick�k study proposal for Phase I which would include Public Hear�ngs, staff ineetings and d�scussions with the people of the area. Seconded by Councilman Breider. Counci7man Starwalt questioned the expenditure for the phase one and phase two programs as explained by the Consultant. Mayor Liebl said the City would share the cost with the other governmental groups involved. Councilman Nee said this would not indicate that Fridley would be paying the amount alone, they would �ust express support of the program. 3u� REGULAR CQUNCIL MEETING OF APRIL 1, 1974 PAGE 7 The C9ty Attorney said the Rice Creek Watershed District may have the funds to completely take care of the pro�ect from their general budget. Councilman Nee said it would take sometime for the Fridley staff to provide the necessary information to the Watershed District. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the moiion carried unanimously. ' Councilman Nee said he would like the report which was compiled by the Assistant City Engineer, rlr. Dick Sobiech, to be distributed to all of the peop]e of the area. He stated, this was well done. Mayor Lieb] said this should be sent to the people on Rice Creek also and the members of the Locke Lake Home Owner's Association. RECEIVING REPORT REGARDING IMPROVING RETURN ON INVESTMENT IN THE MUNICIPAL LIQUOR STORE PR I N: Mayor Liebl asked the Liquor Store Manager, Mr. Bob McGuire, if he agreed with the contents of the report. Mr. f�cGuire said he had met with the City Manager and the Finance Director and he concurred wtth everything in the report. Councilman Breider said he thought the report presented a good proposal and the net profit in the plan would be 122% and this is what the Council had asked the Administration to prepare. He stated when the two managers accept taking a reduction in salary, he believed it would also be possible to negotiate with the remainder of the employees when and if the contract comes due, and there is or is not an increase in ihe profits of the operation. He said if the stores begin making a profit, their salaries could be increased. He stated he believed these salaries should be based on performance, and if the performance was not satisfactory, things could get tough, He said the Manager should inform the people and determine if the performance is adequate. Counctlman Nee said he was impressed wtth the fact that the Manager and Assistant Manager ' had agreed to the decrease in salary to eliminate the dec7ine in profits. He quoted "a camel is a horse that had been designed by a committee", and commented he felt the Council should review the report and not run the operation. He sa-id he cou7d not see where the municipal operation could be run to compete with the private business with their many intriguing wines and expensive stock which is not fast moving. He said the municipal operation would not be able to put together parcels like the private operation could. He hoped the members of the Counci] were co�nizant of this fact. Counci7man Nee said he felt the report presented is a good set of guidelines and he would like to adopt it for operation. I10TION by Councilman Nee to adopt the "Report Regarding Improving Return on Investment in the Muntcipal Liquor Store Operations" as a guideline for the liquor operation. 5econded by Councilman Breider. Counci]man Breider said he believed the Council should make a monihly review of the liquor store operation. Mayor Liebl said the operation has an annual audit. Mr. McGu�re said the quarterly report would be submitted, and this would give the Council the financial statement every three months. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF FUNDING THE NUCLEUS CLINIC: Mayor Liebl read aloud the recommendation from the staff prepared by the Administrative , Assistant, Mr. Peter Herlofsky, which was in the Council Agenda. MOTION by Councilman Utter concur with the recommendation of the Administrative Assistant and authorize a contribution of $1,000 to the Nucleus Clinic - North Suburban Youth Service Center, this year with reconsideration of additional contribution afier the findings of Anoka County are received. Seconded by Councilman Nee. Councilman Starwalt said he could not support such a move for various reasons. He expressed concern of the Center keeping information from parents of those who are patients at the Center, saying this weakens the family structure. He said his second concern is the lack of the Center to make a concentrated effort to collect fees from the people attending the Clinic. Mrs. Fitzpatrick said the CEnter has begun to collect fees from the people obtaining aid at the Clinic. She recalled a recent evening where 24 patients were in attendance at the n- REGULAR COUNCIL MEETING OF APRIL 1, 1974 PAGE 8 clinic and the Clinic collected $77 in fees. 5he explained this had been started because the Clinic was ��ed to hire a doctor. She further explained, they had planned on receiving volunteers, but was unable to do so, and a doctor had to 6e hired. Councilman Starwalt asked if there was any change in the confidentuality between the young people and their parents. Mrs. Fitzpatrick said she could understand the concern of Councilman Starwalt, but if the young people were able to go to their parents, �they would not be there in the first place, She said this is an important part of the operations. She stated, the young people come to the Center and not to their parents. She said she could understand the concern, it was an obvious one. Mrs. Fitzpatrick said the unity of the family has been broken before this time, or they wou7d not be at the clinic, tr�ey would be home. Mr. Raymond A. Creegan, 5780 East Rtver Road said this type of confidentuality wou7d only be in one instance of operation. There are other aspects of the Center which involve the entire family in conseling sessions. He said here, the family would be treated as a unit and the problems worked out in the family unit, UPON A ROLL CALL VOTE, Mayor Lieb7, Councilman Utter, Councilman Nee and Councilman Breider voting aye, and Councilman Starwalt voting nay, Mayor Liebl declared the motion carried four to one. RECEIVING REPORT REGAR�ING LETTER FORM ANOKA COUNTY REGARDING ALARM SYSTEM: MOTION by Councilman Breider to receive the report from Anoka Cpunty regarding the alarm system dated March 13, 7974. Seconded by Counci7man Utter. �pon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #39-1974 - ORDERING IMPROVEMEN7, APPROUAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: STREET IMPROVEMENT PROJECT ST. 974-4: MOTION by Councilman Starwalt to adopt Resolution #39-1974, ordering improvement, approval of plans and'ordering advertisement for bids, 5treet ImprovPment Project St. 7974-4. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #40-1974 - CHANGING WATER AND SEWER RATES: Councilman Utter asked if the sewer rates would be reduced and the water rates increased. The Finance Director said the water rates wou7d be 28% higher than at the preseni time. He said the water has lost money and the sewer system had gained money. Councilman Utter questioned if with the reduction of the sewer rates, would the City be able to meet its obligations. The Finance Director said yes. He explained that the SAC charges had been built into the system, now, they would be handled as a previous payment. MOTION by Councilman Nee to adopt Resolution #40-1974 changing water and sewer rates. Seconded by Councilman Utter. Upon a voice voie, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #41-1974 - TO CONUEY TO THE STATE OF MINNESOTA CERTAIN LANDS CDNUEYE� IN 1971 'l"he City Manager explained these lo� had been obtained by the City for the purposes of drainage in the area. He referred to the plat to the south, Harris Lake Estates, and Lots 7 and 2 and said this would allow for a much larger park. The City Manager continued to explain the City would not be able to sell or trade the lots because they had not paid the appraised va7ue for them. He said the City wou7d give the lots back to the State and rebuy them in order to sell or trade them to the deve7oper for the 7arger park installation. He stated the property owner east of Lot 1 is agreaable with this proposal. MOTION by Councilman Utter to adopt Resolution #41-1974 to convey to the State of Minnesota certain lands conveyed in 1971 to the City of Fridley for ponding purposes, then to repurchase from the State of Minnesota at appraised value for the purpose of trading said lots for land to increase the size of a City park across the Street to the south, Harris Lake Estates. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. <, �, ��ti� REGULAR COUNGIL MEETING OF APRIL ], 1974 7:[el-a�' RESOLUTION #42-1974 - AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PARCELS 40, 80, 140, AND 240, LOTS 1-3, IT R S SUBDIVISION N0. 2: MOTI�N by Councilman Breider to adopt Resolution #42-7974 authorizing and directing the splitting of special assessments on Parcels 40, 80, 140, and 240, Lots 1-3, Auditor's Subdivision No. 152. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #43-1�J4 - AUTHORIZING AN� DIREC7I�' S MOTION by Councilman Breider to adopt Resolution #43-1974, authorizing and directing the splitting of special assessments on Parcel 7200, 5ection 3. 5econded hy Councilman Utter. Upon a voice vote, a17 voting aye, P9ayor Liebl declared the moiion carried unanimously. A member of the audience addressed the Council and asked if it would be possible to take action on the last item on the agenda at that time rather than waiting. Mayor Lie61 said this item couid be discussed at the present time. THE SUBMISSION OF ENVIRONMENTAL ASSESSMENT TO ENVIRONMENTAL The City Manager recalled the action of the Counci7 when they had advised him to submit the Brauer Report, Comprehensive Plan, and also the Comprehensive Park Plan to the Environmental quality Council as an assessment statement. He coniinued the staff had tried to comply with the outline they had received from the Council. He recommended the Council receive the information and authorize the Administration to submit the material according to the outline to the Environmental Quality Council. He said this would be taken care of by the Environmental Quality Council the first meeting in May. � MOTION 6y Councilman Utter to receive the staff report and authorize the Admin9stration ' to submit the statement to the Environmental Quality Counci7 for their review in May. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl dec7ared the motion carried unanimously, CONSIDERATION OF APPOINTMENT TD CATU COMMISSION; Mayor Liebl said he had talked wtth Mr. Tom Myhra, 6360 Able 5treet, and he was willing to serve another term. MOTION by Councilman Breider to reappoint Mr. Tom Myhra, 6360 Able Street N. E., to the CATV Commission for another three year term. 5econded by Councilman U�tter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CLAIMS: GENERAL 35117 - 35270 LIQUOR 8754 - 8785 MOTION by Councilman Breider to approve the claims. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Lieb] dec7ared the motion carried unani�nously. LICENSES: FOOD ESTABLISHMENT: 7 - Eleven Store 1315 Rice Creek Road Fridley, Minnesota OFF SALE BEER 7 - Eleven Store 1315 Rice Creek Road Fridley, Minnesota f3Y James P. McConne7 James P. �-1c Connell APPROVED BY FEE , Health Inspector $8.30 (pro-rated) Public Safety Director $15.00 Health Inspector MOTION by Councilman Starwalt to approve the licenses listed above. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously � REGULAR COUNCIL MEETING OF APRIL 1, 7974 COfJSIDERATION OF HOUSE TRAILER APPLICATION - S& S TRAILER REPAIR: PAGE 10 f�10TI0N by Councilman Utter to approve the application for the House Trailer Repair for 5256 7th Street N. E., Fridley, requested by Thomas E. Jones. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ESTIMATES: Co�stock & Davis, Inc. �onsulting Engineers 1446 County Road "J" Minneapolis, :�linnesota 55432 PARTIAL Estimate #13 for Water Improvement Project No. 111 from February 4 through March 7, 1974 PARTIAL Estimate #2 for Sanitary Sewer, Water and Storm Sewer Improvement Project No. 114 from February 4, 1974 through March 7, 1974 Lee Electric Company 3775 Highway 52 Robbinsdale, Mtnnesota 55522 FINAL Estimate #8 for Electrical Contract for Fridley Off-Sale Liquor Store $ 282,15 $ 6,945.62 $ 3,465.97 MOTION by Councilman Nee to approve the estimates as 7isted above. Seconded by Counci7man Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. �CONSIl7ERATION OF FORWAR�ING COMMUNICATION TO F. C. C. REQUESTING ACTION ON THE CERTIFICATE 0 COMPLIANCE FOR CATU FIRM: CJ The City Manager explained the Chairman of the CATV Commission had called the City and requested the Admin9stration make an attempt to hurry along the F. C. C. in granting the certification to Genera7 Television. He said the City has requested the F. C. C. to proceed as soon as possible and if the letter would be authorized, it would be helpful. MOTION by Councilman Breider to forward the commun�cation to the F. C. C. requesting action on the Certificate of Compliance for the CATV firm. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. COMMUNICATION: MINNESOTA HIGHWAY DEPkRTMENT: SIGNALS ON T. H. #65 AT WEST MOORE LAKE MOTION by Councilman Utter to receive the communication from the Minnesota Highway Department concerning the signals on T. H. #65 at West Moore Lake Drive and dated March 18, 1974. Seconded 6y Councilman Starwalt. Upon a voice vote, a71 voting aye, Mayor Lieb7 declared the motion carried unanimously. The City Manager said he would like to be authorized to write a letter of concurrance to the Highway Department. CITY ASSESSOR: NOTICE OF BOARD OF EQUALIZATION MEETING ON MAY 21, ]974: MOTION by Counci7man Utter to set the date for the Board of Equalization Meeting of May 21, 1974. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. OTHER ITEMS: RECEIVING A REPORT REGARDING THE SUBMISSION OF ESSMENT TO ENVIRONMENTAL The report was received by the Counci7 and the Administration was directed to send the report to the Environmental Quality Council earlier in the meeting. � �� /I REGULAR COUNCIL MEETING OF APRIL 1, 19/4 ADJOURNMENT: PAGE 11 MiiTION by Councilman Utter to adjourn the meeting. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of April 1, 7974 adjourned at 10:52 P.M. Respectfully submitted, , v �� ��. `T1'ctiw� �. � Patricia Ellis Frank G. Lieb7, ayor Secretary to the City Council � � /y�S� Date Ap oved� � ,