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07/15/1974 - 00015760�. _, z THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF �ULY 15, 1974 The Regu7ar Meeting of the Fridley City Council of July 15, 1974 was called to order at 7:33 P.M. by Mayor Liebl. PLEDGE OF ALLEGIANCE: F7aor Liebl led the Council and audience in saying the Piedge of A7legiance to the 9• INVOCATION: The Invocation was offered by Mayor Liebl. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT PRESENTATION: Mayor Liebl, Counci7man Utter, Councilman Nee, Councilman Breider, and Councilman Starwalt. None. TWO CITY FLAGS FOR MOORE LAKE BEACH FLAGPOLE PRESENTED BY MA Mayor Liebi calied Mr. Maynard Nieisen forward to present the Flags. Nr. Nielsen presented the Flags to the Mayor and other members of the Council and also presented a check for the Parks in Fridley in the amount of $178. Mayor Liebl thanked Mr. Nielsen for the F7ags and also the the check and said he was happy to accept the check on behalf of the City of Fridley Parks and Recreation Commission. CERTIFICATE OF APPRECIATION: MAYOR OF OOTRUSHI, JAPAN: Mayor Liebl asked if Miss Tamara Davis was present to receive the certificate which would be presented by her on her trip to Ootrushi, Japan. Two persons identifying themselves as representatives of Miss Tamara Davis came forward to accept the certificate. Mayor Liebl read the certificate a7oud and also presented a package of informative materials about Fridley for presentation to the Mayor of Ootroshi, Japan. RECESS: MOTION by Councilman Breider to call a recess for the purpose of picture taking. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and called a short recess at 7:38 P.M. RECONVENED: MOTION by Councilman Breider to reconvene the meeting. Seconded by Councilman Utter. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimous7y-and reconvened the meeting at 7:42 P.P9. ADOPTION OF AGENDA: Mayor Liebl listed the following items to be added to the agenda: 1. Authorization of sending the letter to Senator Mondale in support of House File 14449 concerning the continuation of the OEO. 2. Receiving the memo from Deputy Fire Chief Aldrich. 3. Receiving the communication from the Metro Sewer Board. MOTION by Councilman Utter to adopt the agenda as amended with the previously ]isted additions, Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. 1 � 1 REGULAR COUNCIL MEETING OF J�LY 15, 1974 VISITORS: MR. KENNETH SPORRE. 301 IRONTON STREET PAGE 2 �� Mr. Kenneth Sporre addressed the Counci] and stated that two weeks previously he had talked to Mr. �an Huff, Naturalist/Resource Coordinator and asked if Mr. Huff could take some people to North Park for instruction or ecoiogy classes. Mr. Sporre said � Mr. Huff had indicated he had been told not to take anyone out to North Park. Mr. Sporre said after this, he called the City Manager and the City Manager verified this point. He said the City Manager suggested Mrs. Sporre write a letter which would state such a request, and this had been done. He continued the request was to allow this area to 6e used for this type of classes in the interim before the election. He pointed out that the schools would want to use the area after school starts. Mayor Liebl questioned the City Manager on what should be done concerning the request to use the North Park area for a Nature Interpretive center. The City P9anager said the request would be to conduct formelizFCi taurs in North Park under the direction of the City Naturalist. Mayor Liebl said if this is done, the same thing would have to be done for the golf course supporters and this could not be done. Mayor Liebl said he could not give the nature center people any special privileges and this is what this would be if this was to be done. Mr. Sporre said in the Brauer report, it was suggested that the Naturalist use all of the natural areas in the City. Mr. Sporre continued saying he had been told that Mr. Huff could take people to all of the other natural areas in the City. He stated this would be censorship if the people could not be taken to North Park. He stated if this area cannot be used in between now and the election, the people of the City would miss out on a lot of learning. He said he would personally like to learn more about this area. He said the naturalist does know about these � things and he should be available when the various groups such as Boy and Gir7 Scouts would like to tour the area. He said the area is a City park and should not be censored. MOTION by Councilman Nee to authorize the City Naturalist/Resource Coordinator to conduct educational tours of North Park. Seconded by Councilman Starwalt who stated this would be for discussion purposes. Councilman Starwalt asked if this should be a formal request which is presented in writing. Mr. Sporre replied that the letter had 6een sent because the City Manager had said this would be the proper way to handle the request. He indicated there were eight people who wanted to visit the area and have classes conducted. Councilman Starwalt commented, it seemed the City had received a letter. Councilman Starwalt said it was his understanding when Mr. Huff was hired he was not to conduct tours of North Park or any other park. Councilman Starwalt said he was surprised that this is being done. Mr. Sporre said Mr. Huff had not been doing this to this point. He commented, Mr. Huff would be able to tell the people what is going on in nature. Councilman Starwalt continued to question the activ�ty and said he was to be formulating a long term program for the City of Fridley and he would not have time � for individual acttvities at the present time. Mr. Sporre asked that the language "long term' be clarified. Councilman Starwalt expressed the feeling that if action were taken on this matter, it should be handled as a formal agenda item and not during the visitors section of the agenda. He continued, there would have to be some staff recommendations. Mayor Liebl stated if the Counci] would approve the proposed tours with the instruction of the Naturalist, the golf people would like to do the same thing to get their point across. Mayor Liebl expressed the feeling that both sides of this proposal should�not use the area unttl after the fall election. Mr. Sporre asked if the same would apply to the other open areas. He continued this man has been trained in ecology for years. .�} � REGULAR COUNCIL MEETING OF �ULY 75, 1974 PAGE 3 Mayor Liehl stated he knew what the man's job was and the man also knew what his job was to be. Mayor Liebl indicated at the present time, he has many things to do to formulate the entire City program. He again suggested this area 6e left alone until after the election and also ihat the Council remain neutral on the point until after this time. Councilman Breider said he would like to answer Mr. Sporre's last question concerning ihe other areas in the City of Fridley. He said Mr. Huff would be very happy to recetve the input of the area people concerning the other locations tn the City. He said he agreed w�th thepoints of the Mayor on this proposal for North Park. He continued if Mr. Huff would begin conducting tours and discussing North Park, this could be called indoctrination sessions. He said there are many areas where he would be happy to help the people. UPON A ROLL CALL VOTE, Councilman Breider voting nay, Councilman Starwalt voting nay, Mayor Liebl voting nay, Councilman Utter vot�ng nay, and Councilman Nee voting aye, Mayor Liebl declared the motion FAILED FOUR TO ONE. OLD BUSINESS. RECEIVING A REPORT ON "NO PARKING" SIGNS ON CHANNEL ROAD FROM MISSISSIPPI STREET TO 6 VE UE N. E.: The Assistant Engineer sa�d members of the Engineering Department and himself had been review�ng the area for the past three to four weeks. He said durtng the day hours when this had been checked, the method was working well. He added, there were no cars park�ng on the residential side of the street, He said if there were any cars parked in the area at all, this was mostly one or two or in a few instances three or four. Mr. Sobiech said the Engineering Staff had talked to the residents of the area and they had indicated the situation had 7mproved, but continued to request that the "no parking" signs 6e installed on the residential side of the street. Mr. Sobiech said the staff recommendation would he to not tnstall the "no parking" signs in the area and if there is cooperation, the situation will remain reasonable. Mayor Liebl said he would agree with one point in the written recommendation from the Assistant Engineer, that the non-passenger vehicles be discouraged from parking in this area because of the hazards created. He indicated the manager of the buiding has talked to the tenants of the apartment buildings and the conditions have improved. Councilman Starwalt mentioned the extreme hazard created by the parking of the van type vehicles in the street and cited as an example that recently a child was almost htt when coming around one of the vans. He continued, the people are parking in the front because there is not enough parking in the 6ack of the bui7ding. He further explained this building was built under different specifications which were up to City Code at that time. Councilman 5tarwalt sa�d he felt the apartment owners should acquire more land to comply with the needs of the tenants of the buildings and furnish additional off street parking. He said he realized the City could not force the owners to do this, but they would have a pro6lem until this type of installation is added. He said he would agree that "no parking" signs not be installed at this time. He suggested some sort of a continuing survey of the area and stated this could be brought back in a period of 60 days. He said if this does not work out, the City could make some additional suggestions. He again stressed the importance of reducing the number of commercial vehicles being parked in the front of the buildings in the street. Mr. Charles Johnson, 6580 Channel Road, addressed the Council and said on July 4, 1974, a car had parked in the area for eight hours and nothing was done about this. He also brought to the Council's attention an incident that evening where a child had run between two parked cars and was almost hit. He requested that the no parking signs be installed in the front of those people's homes who had requested this. He pointed out this would be in the frant of the Urista, Boone, Palmer, and Johnson homes. He repeated the fuur of them really wanted the no parking signs in front of their homes. He thought that in the winter months this would be relaxed in enforcement and the tenants would continue to park on the residential sides. He stated if four property owners really want the signs installed, he thought the City should provide the signs. He stated, those people mentioned would like to protect their own children, lives, and property. � � � �� REGULAR CDUNCIL MEETING OF �ULY 15, 1974 PAGE 4 Councilman Starwalt said the people would be depriving themselves of the privilege of parking in front of their homes. He said if the "no parking" area could be limited to this, he could live with this. He stated if this would include the whole street, there would be a problem. MOTION by Councilman Starwalt to install the "no parking" signs in front of the Johnson, Boone, Palmer, and Urisia properties. Seconded by Councilman Breider. � Councilman Starwalt said this should be on the four properties only and adjacent to the residential property. Councilman Starwalt commended the Apartment Manager _ for the diligent effort and said she had done a good �ob. The Apartment Manager indicated she agreed with this plan. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF THE REQUEST FOR INSTALLATION OF A FENCE BETWEEN 67TH AVENUE AND Councilman Breider indicated he agreed with the recommendation of the City Manager. He said the instal7ation of the barricade as shown on the map would allow access, but stop the through traffic. He said the letter outlined what is to be done. He said if this action was not sufficient, this could be brought back for further consideration. MOTION by Councilman Breider to concur with the Assistant Engineer's recommendation and install a barricade and dead end sign on the service road section of 67th Avenue and Rice Creek Terrace. Seconded by Councilman Utter. Upon a voice vote, a17 voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF APPROVAL DF 1974 SUPERVISORY COMPENSATION PACKAGE FOR � The City Manager explained as he had po,inted out at the previous meeting of the Counci7 that the City had been trying to bring the Foremen up to the Supervisory - level and had started this in 1969. The City Manager further commented that this package as proposed would be the same as worked out for the Police Department. The City Manager said there would be a 9.2% increase for the Public Works Foremen and the Parks Foreman would receive 12.8%, which wou7d include a step increase because he is within the bationary period for this position. Mayor Liebl referred to the memo from the Administrative Assistant, Peter J. Herlofsky, whtch was furnished for the Council in their agenda 600ks. He pointed out the 13 items that would be included in the package and asked if these were a part of the suggested package, and the City Manager said yes. Mayor Liebl referred to the three items which dealt with the overtime, backpay, and the stipulation concerning the Park Foreman and asked if these would also be stipulated in the agreement for the Foremen and the City manager said yes. Mayor Liebl said tf he understood this correctly (Page 3-C) this wou7d be retroactive from the first of January. The City Manager agreed. The City Manager said except in the case of the Park Foreman who would also receive a step increase. Mayor Liebl asked the City Manager if it was his recommendation that the Council ratify this policy. The City Manager said he recommended the Council approve the package. He pointed out that this had been done similar to this by other departments , and ihe City was trying to create definite classifications and this would fall into the classifications they were trying to create. Mayor Liebl repeated the City Manager recormnended the Council approve the package and the City Manager said yes. The City Manager said the reason for this being higher is that these men are being brought into the mid-management supervisory level. Mayor Leibl said he had asked two Councilman to check into how much the men on the compar�ble levels would make. He asked Councilman Nee if he had found out anything. Councilman Nee said he had no chance to talk to anyone with a comparable interest. He said he had read the memo from the Foremen and saw that there is conflict. Councilman Nee said he did not believe the Council could undertake direct negotiations with the employees, this would circumvent the requirements of the City Charter. He �� � REGULAR COUNCIL MEETING OF JULY 15, 1974 said he had read what the Foremen had said very carefully. PAGE 5 Mayor Liebl asked Councilman Breider if he had a chance to talk to anyone in the private sector with equal responsib�lit9es. Councilman Breider said he did not have any dtrect contact wtth any individuals that would relate to these foremen. He said the salary package is somewhat higher, 6ut when their basic responsibilities are looked at this is probably �ustifiable. He said he thought the recommendation of the City Manager would be agreeable. He said he thought there was a need for a � stronger position with all people in the Administration. He said he thought this type of supervisory idea should be pursued in years to come across the board, Mayor Liebl said he had had some conversation with members of the League in the Metro area. He said he had been a member of the Board of Directors of the League. He said they could provide a list of the sa7aries in the various municipalities. Mayor Liebl said he had also talked to some unions and negotiators and they felt this was a fair proposal, Mayor Liebl said if the Council adopts the package and the men did not agree with the proposal, they could take the necessary steps to join the Union. The City of Fridley is in the top 5% salarywise, and also operations w�se. He asked if these men if these men joln the menagement level,could this be handled on the step basis and merit system in the future. He said he felt this was a reasonable package and he could no� get Union or Management to say that it is not. He stated the Foremen in private industry are getting much lower than the Foremen had been offered. Mayor Liebl said he hoped the foremen would accept the proposa7. He said the 9.2% and 12.8% tncreases would be hard to justify to the other employees of the City of Fridley. He said if there were additional benefits ailowed, this would open a Pandora's box. Mayor Ltebl continued to comment, after he had checked with the other people, he found this proposal to be fair and he hoped there couid be agreement reached. He said Counciiman Breider had brought out some points that should be explored for next year. He said he only cou7d listen to the staff and could not eva7uate the work of the individuals on staff. Mayor Liebl said in order to be fair and a6ove board, he had talked to Mr. Smythe and he had indicated the proposal to be fair. He said he thought it would be good for the ' Foremen to go into the first line management. Mayor Liebl said if the Foremen did not think the City has been fair in this offer, they could join the Union. Mr. Art Olson, Public Works Foreman, addressed the Council and said he was speaking for the group of four Foremen. He stated because of the way the negotiations were conducted and the hassle, the Foremen would go back into the Union. MOTION by Councilman Breider to approve the recommendation of the Administration and approve the 1974 Supervisory Compensation Package for Public Works and Park Foremen for the fiscal year. Seconded by Councilman Utter. Upon a roll call vote, Mayor Liebl voting aye, Counci7man Utter voting aye, Councilman Nee voting aye, Councilman Breider voting aye, and Councilman Starwalt voting aye, Mayor Liebl declared the motion carried unanimously. Councilman Starwalt said he had looked at the proposed salaries and contracts and be7ieved what the Foremen had been offered was very good. He said he thought the proposal to be fair and proper. Mayor Liebl asked if the Foremen had seen the proposal as it had been provided to the Council. He �ndicated he thought they would be making a mistake if they turned it down. The City Manager said this information would be provided to the Foremen. Mr. Curtis Dahlberg said they had not received the 13 point package, nor had they � received notification that this would be considered as an agenda item. He said they had found out by accident that this would be discussed by the Council. Councilman Nee asked what would be the procedure unti7 the Foremen secure represent- ation, would there be a unilateral agreement. Councilman Breider said it is his interpretation that they would have to agree first. He said the reason for the increase would be to have a spread over the heavy equipment operator for the supervisory type person. He stated if they do not agree, there is the other alternative, the City could noi give one thing when they do not agree on the basis that this is given. Councilman Nee asked the City Manager what his idea of this procedure would be. The CIty Manager said the �ob is established and this would be the salary for this ,;;� REGULAR COUNCIL MEETING OF JULY 15, 1974 PAGE 6 position. He said if the men want to work at this, this would be okay, but if not the Council has established this classification. He said if the men do not want to work as supervisors or foremen, they can work with the rank and file. Mayor Liebl said the whole seven county area should be compared to see if this is a fair proposal. � The City Manager explained the salary levels had been researched, but there is not detailed information on this type of classification. He pointed out that the City had tried to be overly fair and made sure the City paid them as fairly as possible. He said in the past, some of the Council members had felt that the Foremen were being paid too much. Mayor Liebl said the proposal had been unam mous1y approved by the Council with the stipulations listed in the agenda. NEW BUSINESS: ECEIVING REPORT ON SITES AND PROPOSALS FOR CABLE TELEUISION TOWER {REQUEST BY rn�dre�rrnni ❑n nv rnnnnnniv nnin rrnirnni rri nrrcrn�i�. Mayor Liebl said the letter which is in the agenda requesting the Council take action, should be disregarded. He explained the Columbia Heights Council had given preliminary approval of construction within that City the previous Monday night and this item was again 6efore that Council at the preseni time. MOTION by Councilman Utter to table any action on the consideration for the construction of the Television Tower by Midwestern Relay and General Television. Seconded by Councilman Starwalt. Councilman Starwalt asked if there was anyone present in the audience that had not been contacted by himself. � A resident of the area said she had received a letter at 5:30 that evening, but the letter was so much like the other letter that she wanted to be sure of what was happening. The resident of the area said her concern was the shortness of notice and she would appreciate more advance notice for all of the meetings. She said the notice had been received Friday night for attendance the following Monday evening. FIRST READING OF AN OR�INANCE FOR THE VACATION REOUEST, SAV #74-02, BY ROBERT 2, LYNDALE BUILDER'S 7TH ADDITION: GENERALLY MOTION by Councilman Breider to waive the first reading of the Ordinance and adopt the ordinance for the Vacation Request, SAV #74-02, by Robert Stixrud to vacate the East and West 10' of a drainage and utility easement in Blocks 1 and 2, Lyndale Builder's 7th Addition. Seconded by Councilman Utter. Upon a roll call vote, Councilman Utter. Councilman Nee, Councilman Breider, Councilman Starwalt, and Mayor Liebl voting aye, Mayor Liebl declared the motion carried unanimously. IFYING ACCESSORY BUILDING REGULATIONS (CHAPTER n . , MOTION by Councilman Utter to waive the reading of the ordinance and adopt the first reading which would clarify accessory 6uilding regulations (Chapter 205, Section 205.051, Paragraph 2, A. Seconded by Councilman Starwalt. Upon a ro71 call vote, Councilman Utter, Councilman Nee, Councilman Breider, Counci7man Starwalt, and Mayor Liebl voting aye, Mayor Liebl declared the motion carried unanimously. FIRST READING OF AN DRDINANCE FOR THE yACATION REQUEST SAU #74-07, BY FLORENCE SWANSON; TO VACATE THAT PART OF HUGO STREET DEDICATED IN THE PLAT OF SWANSON'S MOTION by Councilman Nee to waive the first reading of the Ordinance and adopt the ordinance on the first reading for the vacation request SAV #74-01, by Florence Swanson to vacate that part of Hugo Street dedicated in the plat of si �� REGULAR COUNCIL MEETING OF JULY 15, 1974 PAGE 7 Swanson's Terrace lying Easter7y of the Southerly extension of the West line of Lots 1 and 3, Swanson's Terrace. Seconded by Councilman Starwa7t. Upona roll call vote, Councilman Utter, Councilman Nee, Councilman Breider, Councilman Siarwa7t, and Mayor Liebl voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl read the recommendation from the Finance �irector to the Council and audience. MOTION by Councilman Utter to waive the reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilman Nee. (PJote: This ordinance was amended later in the discussion.) Mayor Lieb7 asked if this ordinance would require a Public Hearing. He pointed out that the matter had been discussed the previous week. The City Attorney said this was concerning different information. The Finance Director said he was not aware of anything in the City Code which would require a Public Hearing on this matter, Mayor Liebl said this would be more in the line of policy than a legal requirement. The Finance Director said discussion is desirable. Councilman Nee commented he thought the Finance �irector had provided a very good case for the proposed action. � The City Manager explained that the Public Uti7ity Fund is running as a self sustaining fund and has to be run very business like. He pointed out that this fund is a 7ittle different than those the City would be able io control the functions of and set the , policy and rules for public safety and welfare. Councilman Breider sa�d he would disagree with one section of the proposed ordinance and this would concern the basic ground rule for the IO% penalty charge. Counci7man Breider continued to quote the section in question saying the payment of the penalty would be assessed after the last day of the month. He said he did not care for this wording and suggested perhaps a number of days should be established rather than the last day of the month. He said this may create some prob7ems with the utility bills being sent at different times in the month. He said a period of 30 days would be more feasible especially to those on social security who pay the bills at one time within the month when their check is received. He also pointed out that some businesses also have set times for payment procedures within the period of a month. The Finance Director commented he believed this to be a good suggestion and this would work better in the system. He said a specific num6er of days should be allowed rather than stating the end of the month. Mayor Liebl said he agreed with the Finance Director. He said according to the survey of surrounding communities, Fridley had the least �ncentive of all of the surrounding communities. He pointed out that others have a flat incentive of $1, $2, or 10% of the total bill. He said this incentive should be stressed and work to the best advantage of the City of Frid7ey. Councilman Breider said he had another question. He asked if there was a problem , with the industrial customers paying withtn the a7lotted time. He asked if there was a problem with these bi71s running 60 to 90 days. The Finance Director said there had not been any more problems in this respect percentagewise and the average pay more promptly than the residential customer. He said this would be a very small percentage. He said there had been some problems with the people in apartment buildings. Councilman Breider said he was interested in the fact that some industries may pay those commitments which would create higher payments because of the high interest rates and leave those with the least incentive for some time. The City Attorney asked what perceniage of the people send back the meter reading cards. The Finance Director said this was by far better results than if the CIty would send a meter reader who would not find the people at home. :�� � REGULAR COUNCIL MEETING OF �ULY 15, 1974 PAGE 8 The City Attorney questioned if the ordinance should read that the penalty should be charged inthe period of 30 days after the date on the bill if payment is not made. The Finance Director said yes. He stated this would not be 30 days after the due date, but 30 days after the date of the bill. MOTION by Councilman Breider to amend the ordinance to read "Payments not paid within thirty (30) days from the date of the 6i71 will be assessed a ten (10) percent , penalty". Seconded by Counci7man Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the proposed ordinance amended. UPON A VOICE VOTE, on the original motion to adopt the first reading of the ordinance with the amendment, all voting aye, Mayor Liebl declared the motion carried and the First Reading adopted as amended. ORDINANCE AMENDING SECTION 402 OF ThIE FRIDLEY CITY CODE RELATI The Finance Director explained there had been a situation where the City was not able to continue the practice of requiring the meter deposit or it would have to pay interest on the deposit to the customers. He pointed out that Brooklyn Center has passed an almost identical ordinance. He said his recommendations and proposal would be that the City no longer require meter deposits, but instead, have people purchase the meters. He further commented that the City would 6uy hack the meter when the people move from the area. Counci7man Utter asked if the customer bought the meter and moved from the City, would the meter be removed• The Finance Director said it would be more practical to turn off the water in the street. He said he did not think there would be any more problems in this type of procedure than there is with the meter depos�ts. � Mayor Liebl said this action would comply with the State Statutes and would allow the City to operate the utility department and enforce the policy in the easiest possible method, He said Brooklyn Center had adopted this policy and this would be feasible to him. Councilman Starwalt said he would have a serious concern on whether the City should sell the meters to the people. He felt the ownership of the meter should be held by the City. He questioned if the sale of the use of the meter would be feasible rather �han selling the meter. Councilman Starwalt further questioned if the City would continue to take care of the maintenance of the meters. The Finance Director answered that the people would buy the meter and the City would maintain control of it. He further explained that the City would keep the meters in operating order unless there was a ma,7or break, at which time the property owner would have to be responsible for some costs. He said this charge would be assessed if there is a case of abuse of the equipment. He said this would include any freeze up, etc. He said this would operate in the same manner as it is presently. The City Attorney said there is a provision in the City Code which would prohibtt tampering with the water meter. The Finance �irector agreed. The City Attorney advised the Council that under this provision, the person who would tamper with the meter would be in violation of, the Code. He continued under this condition the granting � of ownership of the meter to the home owner would be proper. MOTION by Councilman Utter to waive the First Reading of the Ordinance and adopt the Ordinance on First Reading to amend Section 402 of the Fridley City Code relating to water meter deposits, said amendment eliminating the requirement that customers be required to make a meter deposit. Seconded by Councilman Breider. Upon a roll call vote, Councilman Breider voting aye, Councilman Starwalt voting nay, Mayor Lie61 voting aye, Councilman Utter aye, and Councilman Nee voting aye, Mayor Liebl declared the motion carried four to one. CONSIDERATION OF A FINAL PLAT, P. S. #74-03, JIM LUND, OF LOTS 30 AND 31, AUDITOR'S The Assistant Engineer, Mr. Richard Sobiech, recalled that there had heen one suggestion pointed out at the Public Hearing the previous week, and this was for the confi9uration of the plat as shown on the map (with the permanent roadway rather �� REGULAR COUNCIL MEETING DF JULY 15, 1974 PAGE 9 than the temporary curved roadway to avoid the Ewer property). The Assistant Engineer explained that Mr. Lund was to negotiate for the acquisition of the additional right of way to create the permanent improvements in the area at the present time. Mr. Jim Lund addressed the Council and said he and Mr. Chester Ewer, 1565 Fridley had reached an agreement for the transfer of the property. He indicated he had asked Mr. Ewer to be present at the meeting for a thorough understanding of the proposed dedication. Mr. Lund continued Mr. Ewer would like to be assured that he will not be assessed in the future for this improvement. Mr, Lund sa9d he would pay the necessary assessment costs, and on these terms, Mr. Ewer had agreed to transfer the right of way. Mr. Ewer addressed the Council the Council and said he feared that in another two to three years the City would levy assessments against this portion of property. He said if a roadway was installed to the east, would he be assessed for this. Councilman Breider stated if Mr. Lund will pay the assessments on the property, there will be no problem. He further stated Mr. Lund would take care of Mr. Ewer's assessments for the development and this amount would be assessed back to the development. Mr. Lund said he would be installing the improvements and there would be no City assessment on these. Mr, Lund said he would give Mr. Ewer a guarantee which would be a part of the minutes of the current meeting, and he would agree that there will be no assessments to Mr. Ewer for this development and improvements of the property. He again stated, Mr. Ewer would not be assessed. The City Attorney said he did not know if the Council could say that he will not 6e assessed for any future assessments, or future work. He said it would be possible to say that he would not be assessed for this work. Mr. Ewer asked what if the area would be torn up in the future, would he have assessments at thts time. Mr. Lund said he would be 7'nstalling concr�te curb and gutter, and this would �e permanent and not torn up. Mr. Ewer said he had been told that this would be blacktop curb and gutter. The Assistant Engineer said there would be concrete curb and gutter in the areas of permanent construction. He also pointed out in the cu7-de-sac area, there may be asphalt berm, but all of the remainder of the areas would be concrete. Mr. Sobiech said an additional stipu,lation might be to have Mr. Lund escrow the money for the construction of the improvements in the area where there is temporary asphalt berming. Mayor Liebl said Mr. Ewer would be assessed for 21 feet. Mr. Ewer said he under- stood this. Mr. Ewer said he had bought the property because there was no one around him. He added, he knew he could not stop progress, but asked if there could be some kind of fencing installed on the west and north sides of his lot. He further explained that he has four children and feared the construction �n the area would be dangerous. Mr. Lund stated the land in this area is placed at a high value and he would pay the $3,000 for the improvements in return for the land. He said there is a garden not being disturbed for the rema9nder of the grown�ng season. He said there wou7d be no immediate need to take this out. He said he would offer to install a temporary fence in this area, if Mr. Ewer needed this. Mayor Liebl exp7a�ned the app7icant would buy the land and fence it. He stated, Mr. Lund would have to have this property to complete his plat and install the permanent improvements. Mr. Ewer said this cou7d be worked out between the two parties. ' ' , The Assistant Engineer asked if money should be escrowed for the permanent improvements in the area where there would be the temporary b9tuminous.� He estimated the cost of the installation of the permanent curbing in the future to be approximately $875. He said this could be assessed to the effected property by the developer and the permanent curbing could be �nstalled in the future. Mr. Lund questioned what wouid be done with the assessments on the corners of Pine Tree Lane and Onondaga, He asked if the people who had been assessed would be reimbursed. .i .�r REGULAR COUNCIL MEETING OF JULY 75, 1974 PAGE 10 The Finance Director said this would be divided between the two lots and assessed to the properties remaining. Mayor Liebl said this policy would always prevail. The Assistant Engineer said the plan for the improvements including the proposal for the storm sewer system would have to 6e reviewed by the Engineering Department. Mr. Lund addressed the Council and said he was told by the Administration that he � could get two butldtng permits until the plat is fi7ed because he originally had two parcels of land. Ne questioned if it would be possible to get ftve building permits at this time and explained this was because of the complicated procedure that would have to be followed wtth the State. He said he would like three extra permits at this time. The City Attorney advised 4he Council that if the building permits are �ssued at this time, the certificate of occupancy could be held unti7 the plat is filed. Mr. Lund explained when the people would occupy the property, the property would be cleared and filed. The City Attorney said this would be an administrative policy question. He suggested if the Council approved of this procedure, they should stipulate that the certificate of occupancy would not be issued until the plat is filed. MOTION by Couniclman Utter to approve the Final Plat P. S. #74-03, Jim Lund, of Lots 30 and 31, Auditor's Subdivision #129 generally located in the 1500 Block between 73rd and Onondaga Street, wtth the stipulations that the plat be completed with the road- way extending straight in the area of the Chester Ewer property and that this portion of property be acquired and included in the plat as right of way and that the assess- ments and costs for improvements in this area be paid by the developer, and that the developer escrow $875 for the future permanent installation of the concrete curb and gutter in the cul-de-sac area, (asphalt curb and gutter to be installed at the present time), that a temporary fence be installed along the Ewer property and the garden be retained for the remainder of this season, and that five bui7ding permits ' be issued at this time with the stipulation that the dw�llings not be occupied until the plat is filed. Seconded by Councilman Starwalt. Upon a roll call vote, Councilman Starwalt, Mayor Liebl, Councilman Utter, Counci7man Nee, and Councilman Breider voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF A REQUEST FOR EXTENSION OF TIME FOR DEDICATION OF COMMUNITY PARK LAND MOTION by Couniclman Utter to receive the communication from the Darrel A. Farr Corp. regarding their request for an extension of time for the dedication of community park land and dated July 11, 1974. Seconded by Councilman Starwalt. Upon a voice VOte� all voting aye, Mayor Liebl declared the motion carried unanimously. Councilman Utter recalled that the Council had a similar request a few weeks previous to this because of the interest rates being so high. At that time, the developer was told that he had an obligation to the City of Fridley. Mayor Liebl asked Councilman Starwalt what had been told to the representative of the Wall Corporation on their request. Councilman Starwalt said their request was similar with a few differences. Councilman Starwalt said he had talked to a representative of the �arrel Farr Corporation who had indicated that the land has been tied up through an option. He said there was a problem and this is why they are asking for the delay, he had not paid the final � amount for the land. He added, he thought it may be to the City's advantage to delay this as the City would collect the taxes if it were not dedicated. He said he had thought of the possibility of default by the Company, but he did not think this is likely because of the sizab7e investment they had in the area. He said this would be a matter of giving them six months. Mayor Liebl said he thought it would be to the advantage of the City to grant the request. The City Attorney said he had drafted a quit claim deed as requested by the Engineering Department and was under the impression that this property had been deeded to the City. The City Attorney said 6efore the Ctty agrees to the request, he would l�ke the Darrel Farr Corporation to furnish copies of the options or contract for deed to see what provisions are involved, He said if something would go wrong, Darrel Farr may have the option and the City would not have the park. J� REGULAR COUNCIL MEETING OF JULY 15, 1974 PAGE 11 Councilman Starwalt said there are two parcels of property, one had been deeded to the City and the other had not been paid for at the present time. The City Attorney said he would like to also find out how much the remaining amount to be paid on the land is. MOTION by Councilman Starwalt to ask the Darrel A. Farr Corporation to provide , sufficient documents to indicate the provisions of the contract for deed or option on the property and a7so an ind�cation of the balance of the revenues to be paid for the property and the provis�ons for their payment with this being brought 6ack for Council consideration at the next Council meeting. 5econded by Counci7man Utter, Upon a voice vote, all voting aye, Mayor Liebl dec7ared the motion carried unanimously. CONSIDERATION OF FINAL PLAT P. S. #74-04. INNSBRUCK NORTH TOWNHOUSES REPLAT Mayor Liebl referred to the information on page 12-A of the agenda and asked if this action would be appropriate. The Assistant Engineer exp7ained that the applicant had originally requested lot splits to hand7e the matter, but the City had asked for a replat because of the legal descriptions that would be created wtth the lot splits. MOTION by Councilman Starwalt to approve the replats as specified in number 12 of the Counc7l agenda. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Lieb] declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF JULY 9, 1974: MOTION by Councilman Nee to concur with the recommendation of the Board of Appeals and grant the variance as requested by Mr. A. C. Mattson, 6320 Riverview Terrace. Seconded by Councilman Utter. Upon a voice vote, a17 voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Starwalt to receive the Minutes of the Board of Appea7s Meeting of July 9, 1974. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Lieb7 declared the motion carried unanimously. RECEIVING THE MINUTES OF THE FRIDLEY HUMAN RELATIONS COMMITTEE MEETING OF JUNE 20, 1974: MOTION by Councilman Utter to receive the minutes of the Fridley Human Relations Committee Meet�ng of June 20, 1974. Seconded by Councilman Starwalt. Upon a voice vote, ali voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVI�dG THE MINUTES OF THE FRIDLEY ENVIRONMENTAL QUALITY COMMISSION MEETING OF JUNE 4, 1974: MOTION by Councilman Utter to receive the minutes of the Fridley Environmental Quality Commission Meeting of June 4, 7974. Seconded by Councilman Starwalt. Upon a voice , vote, a71 voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF A PROPOSAL THAT A NATIONAL GUARD ARMORY BE LOCATED IN THE CITY OF FRIDLEY: Mayor Liebl said the Council had had a Public Hearing on the proposal of the Armory the prev�ous Monday evening. He said if the Counci7 feels they want a more detai7ed financial analysis on a specific site, it would be in order to authorize that this be drawn up. He pointed out that the four staff inembers had gone to Hastings to review their structure. He said �he Council would have to know how much �t would cost the City before they would pass a resolution. He said they would have to have the figures before them and authorize the act�on according to a dollar amount. The City Manager sa�d the question would be if the counci7 is inclinded to consider the proposal any further, and would they like the Administration to 90 into a more REGULAR COUNCIL MEETING OF JULY 15, 1974 PAGE 12 �i 5 deta�led analysis of the actual cost. He said he was not asking the Counci7 to make a final determination at the present meeting, only indicate to the Administration if they are interested in further study of the proposal. He said the amount of $10,000 per year had been discussed and if the Council would like a more detai7ed layout, they could direct the Administration to provide this. Mayor Liebl said he would encourage Council approval for the authorization for the , Administration to prepare financial and site reports based on all financial aspects. He said he would encourage the gather�ng of thts type of information if this proposal was to be accepted by the community. Councilman Breider said he agreed that more information would be needed. He said there were many valid points brought out at the Public Hearing and many questions came up. He said he thought the City Administration should compile the information and data ihai would have to be considered. He said the County should be contacted to see if some mutual interest type of activity could be provided. MOTION by Councilman Utter that the City Manager be authorized and directed to investigate the cost plan and figures for the construction of an armory on the site between the City garage and the County Ice Arena and that the County be contacted for their possible mutual interest in such a facility and that the report be completed for Council consideration by the first of 5epiember. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Ms. Joan McLaughlin, 728 63rd Avenue N. E., questioned if the community would have any input in the question. She recalled at the previous meeting of the Council, the Counctl had indicated a straw vote would not be representative of the feeling of the majority of the people in the City. She asked if there would be some referendum or would only the Council be making the decision. Councilman Breider said before the people can be presented with any proposal there , would be a need for more information. He stated, this would have to be looked at very closely. He said the Council would have to decide if this ts something they could sell to the community, and it may be that this is something that cannot be presented to the community. He said they had not reached that point at the present time, this would be sometime in September and there would be another hearing with notice to the people. He pointed out that the Armory would want community participation and he could not imagine the Council making a decision to the contrary. Mayor Liebl said the Council would have to have all of the facts before they could decide to use $10,000 a year. He said they would have to determine what an Armory would do for the City of Fridley, this would have to be evaluated and decided upon for the pros and cons in the report they were proposing the Administration compile. He said this would be back to the Council in six weeks. Ms. McLaughlin asked what a representative group of the people would be, Mayor Liebl explained that the Council is elected every three years and elected to speak for the people they represent. He said if the decisions they make are not liked, they would be voted out of office, this is representative government. The City Manager said he would like to get one thing clear, did the Council wish him to contact Anoka County on a joint use. Councilman Breider said this is a part of the motion. The City Manager asked if the Council would like to ask the County if they would like � to expand their ice arena, or interested in a joint construction. Councilman Utter said both possibilities should be discussed and presented. TEMENT FROM THE PARKS AND RECREATION COMMISSION CONCERNING RESPONSE MOTION by Councilman Breider to receive the letter from the Parks and Recreation Commission. Seconded by Councilman Utter. Mayor Liebi noted that he would like this letter published if it met with Council approval. He pointed out that the points were unanimously approved. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. �F REGULAR COUNCIL MEETING OF �ULY 15, i974 ONSIDERATION OF PROPOSED METROPOLITAN PAGE 13 Councilman Breider said he was dissatisfied with 6oth routings and he would not condone routing bus traffic in heavy residential areas. He said he would like to suggest that the Administration work with the MTC for an alternative proposal, MOTION by Councilman Breider to author7ze the Administration to work with the MTC for alternative proposals for routing bus traffic outside of residential areas and come back to the Council for consideration of the proposals. Seconded by Councilman Utter, Upon a voice vote, all voting aye, Mayor L�ebl declared the motion carried unan�mously. POINTING TREE INSPECTORS AND RECEIVING REPORT nronnn. MOTION by Councilman Breider to concur with the recommendation of the Administration and appoint Mr. �an Huff, Mr. Curtis Dahlberg, and Mr. David Lindquist as City of Fridley Tree Inspectors. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Councilman Utter suggested that the report on the tree diseases and the preliminary budget be received and looked at later on: Mayor Lieb7 said there wou]d have to be some discussion with the City Manager on this proposal. Councilman Breider indicated he had reviewed the proposed budget and asked if the City had some kind of disease control ordinance at the present time. He asked if this could possibiy be duplicating the budget. Mayor Liebl said he would like to wait on this item and talk about this when Mr. Huff, Naturalist/Resource Coordinator is present. He said Mr. Huff had worked hard on this material and he should be preseni for this discussion MOTION by Councilman Breider to table the consideration of the report on the Shade Tree disease control program and the preliminary budget. 5econded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl directed the City Manager to put this on the agenda at the next regular Coucil meeting and instruct Mr. Huff to be present. The City Manager said he would 7ike to respond to the question by Councilman Breider. He explained that the State had recently passed a law which would require the City to have such a program. #75-1974 - ON N0. 1-197 Mayor Liebl pointed out that the memo from the Finance Director recommended this action because it would be an advantageous to the City. MOTION by Councilman lJtter to adopt Resolution #75-1974 amending Resolution No. 1-1974, Resolution designating authorzzed signatures for the City of Fridley bank deposit. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CLAIMS: GENERAL 36337 - 36501 LIQUOR 9Q13 - 9057 MOTION by Councilman Utter to pay the claims. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ESTIMATES: Schumann Bros., Inc. Box 8599 St. Pau7, Minnesota 55110 1 , 1 ' � � REGULAR COUNCIL MEETING QF JULY 15, 1974 FINAL ESTIMATE #3, for work completed on Water Improvement project No. 109-B, Painting of Elevated Water Tank B & E. Excavating, Inc. 11843 West River Road Champlin, Minnesota 55316 PARTIAL ESTIMATE #1 for Sanitary Sewer & Water Improvement Project No. 115 H & 5 Asphalt Company 5400 Industry Avenue N. W. Anoka, Minnesota 55303 PARTIAL ESTIMATE #7 for Street Improvement Project ST. 1974-4 PARTIAL ESTIMATE #2 for Street Improvement Project ST. 1974-1 PARTIAL ESTIMATE #2 for Street Improvement Pro,7ect ST. 1974-2 Comstock & Davis, Inc. 1446 County Road "J" Minneapolis, Minnesota 55432 PARTIAL ESTIMATE #1 for Sanitary Sewer & Water Improvement Pro,7ect No. 115 from June 3 through June 29, 1974 PARTIAL ESTIMATE #1 for Street Improvement Pro,7ect No. 1974-7 from June 3 through June 29, 1974 PARTIAL ESTIMATE #6 for Sanitary Sewer, Water & Storm Sewer Improvement Project No. 114 from �une 3 through �une 29, 1974 PARTIAL ESTIMATE #6 for Water Improvement Project No. 109-B from May 27 through June 29, 1974 Weaver, Talle & Herrick 316 East Matn Street Anoka, Minnesota 55303 June Billing for Services Rendered Smith, Juster, Feikema, Haskvitz & Casserly Builders Exchange Building Minneapolts, Minnesota 55402 �une Billing for Servtces Rendered as Prosecutor South Side Plumbing & Heating Company 509 lst Avenue N. E. Minneapolis, Minnesota FINAL ESTIMATE #2 Mechanical Work on Fridley Liquor Store PAGE l4 $ 7,550.00 $ 19,768.27 $ 700,557.00 $ 26,557.37 $ 3,159.18 $ 1,468.28 $ 1,442.67 $ 2,636.50 $ 705.39 $ 1,113.00 $ 2,600.00 $ 2,401.70 `; 7 MOTION by Councilman Starwalt to approve the estimates for payment. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. LICENSES: GAS SERVICE: � D& Q Anderson Heating and Plbg, Inc. Darius Anderson Route #2, Box 754 Cambridge, Minn. 55008 APPROVED BY W. Sandin ;3 � REGULAR COUNCIL MEETING OF JULY 15, 1974 GENERAL CONTRAGTOR: Brickner Builder's, Inc. 6245 Ben More �rive N. E. Fridley, Minnesota 55432 James Lund Construction, Inc. 2417 148th Avenue N. E, Anoka, Minnesota 55303 HEATING: Carter Day Company 655 19th Avenue N. E. Minneapolis, Minnesota 55418 '�135 Thomas Brickner Jim Lund Roy E. Gorgen D& D Anderson Heating & Plumbing Inc. Route #2, Box 754 Darius Anderson Cambridge, Minnesota 55008 MASONRY: Crete-Wood Construction 1851 Raddison Minneapolis, Minnesota 55432 PUBLIC POOL: Midwest Management 7100 Wayzata Boulevard Minneapolis, Minnesota 55426 Fred Rehbein LOCATION: 7845 East River Road PAGE 75 APPROVED BY C. Belisle C. Belisle W, Sandin W. Sandin C, Belisle S. Olson � MOTION by Councilman Nee to grant the licenses. 5econded by Councilman Utter. ' Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. COMMUNICATIONS: NDR7H EAST REALTY: REQUEST FOR STORM SEWER: MOTION by Councilman Breider to receive the communication from North East Realty regarding the request for storm sewer dated July 10, 1974 and direct the Administration to 7ook �nto the request and report back to the Council, Seconded by Coun alman Utter, Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. LETTER TO SENATOR MONDALE: SUPPORT OF HOUSE fILE 14449, OEO: Mayor Liebl read the letter to be sent to Senator Mondale in support of House File 14449 regarding programs of Anoka County OEO aloud to the Council and audience. Mayor Liehl said Mr. Eob Minton was present at the meeting and he had talked to him in detail concerning the �ustification for the continuance of the programs at the Anoka County OEO. Councilman Nee questioned the wording in the letter which indicated that Senator Kennedy and Senator Javits have sponsored the Bill in the House of Representatives. MOTION by Councilman Nee to correct the letter and authorize the Mayor signing the letter and send �t to Senator Mondale. Seconded by Counc�7man Starwa7t. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. DEPU7Y FIRE CHIEF ALDRICH: RECENT FIRES: MOTION by Councilman Utter to rece�ve the communication from Deputy Fire Chief Aldrich regarding recent fires and dated Ju7y 15, 1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. METRO SEWER BOARD: SAC CHARGES: MOTION by Councilman Utter to receive the communication from the Metro Sewer Board regarding the SAC charges and dated Ju7y 11, 1974. Seconded by Councilman Breider. LJ REGULAR COUNCIL MEETING OF JULY 15, 1974 PAGE 16 ���a Upon a voice vote, all voting aye, Mayor Lieb7 declared the motion carried unanimously. AD�OURNMENT: MOTION by Councilman Starwalt to adjourn the meeting. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of July 15, 1974 adjourned at � 10:18 P.M. Respectfully submitted, ���,��� �,�,� 1�. �..�. Patricia Ranstrom Frank G. Liebl Secretary to the City Council Mayor �- s-�� �ate Approved � �