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09/11/1972 - 00017140�_ " � 1HE MINUTES OF THE REGULAR COUNCIL M�ETING OF SEPTEMBER 11, 1972 The Regular Council Meeting of the Fridley City Council was called to order at 7.40 P.M , September 11, 1972. PLEDGE OF ALLEGIANCE Mayor Liebl led the Council and the audience in saying the Pledge of A1legiance to the Flag. INVOCATION: Councilman Mrttelstadt offered the Invocation. ROLL CALL: MEMBERS PRESENT: Breider, Liebl, Utter, Mittelstadt MEMBERS ABSENT• None PRESENTATION OF AWARDS: Certificate of Appreciation: Diana Bonine, human Relations Committee Mayor Liebl read the Certificate aloud thanking her for her service on the Fridley Human Relations Committee, and as T�lrs Bonine was not present, asked that the Administration send her Certificate to her. Youth Achievement Awards: David Linton, Tim Buckley and Tom Scouts Mayor Liebl asked the three Eagle Scouts to come forward, read their Certi- ficates, and presented them �,*ith the Council's congratulations. APPROVAL OF TriE MINUTES OF THE REGULAR COONCIL MEETING OF AUGOST 7. 1972. MOTION by Councilman Mrttelstadt to adopt the Minutes oP the Aegular Council Meeting of August 7, 1972 Seconded by Councilman Utter. Opon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimouslu. APPROVAL OF THE MINUTES OF THE PUBLIC HEAAING P4EETING OF AUGUST 14, I972 MOTION by Councilman Mittelstadt to adopt the Minutes of Lhe Public Hearing Meeting of August 14, 1972 as presented. Seconded by Councilman Breider. Opon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously APPROVAL OF THE PQINUTES OF THE REGULAR COUNCIi. MEETING OF AUGOST 21. 1972. � MOTION by Councilman Breider to adopt the Minutes of the Regular Council Meeting of August 21, 1972 as written. Seconded by Councilman Mittelstadt. _ Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. F �r�II REGULAR COUNCIL MEETING OF SEPTEMBER 11, 1972 APPROVAL OF THE MINUTES OF THE SPECIAL PUBLIC HEARING MEETING OF AUGUST 28, 1972: MOTION by Councilman Breider to adopt the Minutes of the Special Public Hearing Meeting of August 28, 1972 as submitted. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Liebl said that there was a resolution to be added to the Agenda after Estimates calling a public hearing on the 1973 budget; $�29 is receiving a communication from Mr. Don A Schultz and #30 receiving a communication from Mr. Ed Wilmes. PAGE 2 MOTION by Councilman Breider to adopt the Agenda as amended. Seconded by Councilman Mittelstadt. Upon a voice vote, al1 ayes, Mayor Liebl declared the motion carried unanimousl�. VISITORS Mr, Andy Kohlan, Attorney for Frank Gabrelcik Mr. Kohlan reported he had been retained to represent Frank's Used Car Lot by Frank Gabrelcik. He has had some discussions with the Finance Director who advised him that the discussions should continue with Fridley�s legal counsel The City Attorney said that he had met with Mr. Kohlan on the application for the special use permit for the used car lot and the area of difference seems to be the fencing proposaL He suggested a reasonable zime be allowed, then after discussions with Mr. Gabrelcik's attorney, this item should be put back on the Agenda. Mr. Kohlan agreed and thought two weeks should be su�ficient. MOTION by Councilman Mittelstadt to instruct that the item of Gabrelcik versus City of Fridley be placed on the Agenda for the Meeting of September 25, 1972 after deliberation by the two attorneys. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. Mr, Pete Brooks. Plans for Fireside Rice Bowl - G1enn Won2, Owner Mr. Pete Brooks said that he had the plans for the addition to the kitchen of the Rice Bowl and would like a building permit so they could start construction. He then came forward and presented the plans at the Council table. He said in addition to the addition of the new kitchen, they' plan on revamping the bathrooms and adding ceramic tile. They would like to get started as soon as possible and wi11 agree to live up to all the requirements of the Code. The new kitchen will meet the Code, including the requirement for a sprinkler system, which they plan on putting in. Mayor Liebl said that when the rest of the building is remodeled, they must complete the sprinkler system. Mr. Brooks said yes, the Building Inspection Department has asked for a letter to that effect and they will agree to sign it He said this addition wi11 cost them $22,500. It will be very expensive to run in a new line for the sprinkler system for the remodeling of the rest of the building. It will probably cost anather � � � � � � REGULAR COUNCIL MEETING OF SEPTEMBER 11, 1972 $15,000 to rip up the blacktop and 1ay the new line with the kitchen sprinkler, PAGE 3 There is no problem Mayor Liebl said that when Mr. Wong appeared before the Council, it was his intention to meet all the City Codes and on that basis the Council was willing to give him a liquor license when his work was completed. Once he gets his license, he must provide for the safety of the customers and put in the sprinkler system. Councilman Mittelstadt pointed out that this is actually bypassing the �uilding Standards - Design Control Subcommittee and asked Mr. Brooks if they have to get started this week. Mr. Brooks said they have to get this started, they have already spent 6 weeks on the plans and their men are avaiiable now. He added that they had a building permit once before and this is actually the same plan that was presented at that time. The City Attorney pointed out that since July lst, all of Minnesota is under the State Building Code, and he was not sure this plan could be approved urith- out approval of the State Inspector, so before the permit is actually issued, someone ought to check with the State Inspector. This wi11 also have to be approved by the County Health Inspector. It would be a shame for him to go ahead, then be stopped by someone from the State. There is only a certain amount a person is allowed to spend on any additions before they are required to bring the whole building up to Code. Councilman Breider asked how this would affect the Fire rating. The Fire Prevention Bureau Chief replied that it would have no affect on the City of Fridley, but if the permit is going to be approved, there should be a waiver granted taking the structure out of the fire limiLS. Mayor Liebl asked if doing this would make any difference to the citizens of Fridley The Fire Prevention Bureau Chief replied no, there would be no difference in the rates to the City. Rice Bowl actually operates under a non-conforming use as it was in existance before the ordinance was put into effect controlling frame buildings Councilman Breider asked if the addition of the new kitchen would not be an advantage as far as fire safety goes, over what Lhey have now. The Fire Prevention Sureau Chief said yes, there would be some marginal advantage, if a fire was to originate in the krtchen. He said originally Mr. Wong had some remodeling plans thai were quite grandiose and it was pointed out at that time that they did not conform with the Pire limit requirements of the City. The ordinance states that there cannot be a frame bnild3ng wrthin the fire limits, also that a structure that existed before the oxdinance was put into effect cannot be added onto. In effect, nothing can be done with a frame building within the fire limits. Councilman Breider asked what was the stipulation regarding 50% of the cost of the structure. The City Engineer explained that tne ordinance is very restrictive and under state law, if the cost of an alteration is more than 50% of the value of the structure, the entire structure must be brought up to Code. In the case of Rice Bowl,it would mean v�rtually tearing rt down and starting over again. Fridley has no control over that requirement, the only control we have is over the fire limits Mayor Liebl asked what the valuation placed on the Rice Sowl was and the Finance Director replied $85,000, however, this included the land. The / � ,' t"} REGULAR COONCIL MEETING OF SEPTEMBER 11, 1972 PAGE 4 Council wished to know what the value of the structure was and asked the Finance Director to look it up in the Assessor's files. When he returned to ihe Meeting he reported that the assessed valuation the Assessor carries is $25,200. The Fire Prevention Bureau Chief was asked if taking Rice Bowl out of the fire limits would increase their insurance costs, or have any other rami- fications and he replied no, this is merely a method of controlling the Lype of building in areas where there could be large shopping centers etc., where the fire potential would be greater. Councilman Breider asked if the City or the County established the valuation on the building. The City Engineer replied he thought the City did with County supervision. The Council expressed some doubt on this valuation and asked that it be checked by the City Assessor's office. Mayor Liebl said that Mr. Wong has already ordered his kitchen facilities from the West Coast and he surely should not be handicapped in trying to improve his property. The Crty Attorney said that according to the State Code if the cost of an addition is over SOo then the whole building must comply but if 250, the new addition must comply. If the Council wishes to waive any of the require- ments it should be done with the understanding that when the rest of the remodeling is done, the entire sprinkling system will have to be put in. As the cost of the addition is more than 500 of the cost of the structure, Section 104 of the Uniform Building Code will also have to be waived. If Council does this, then the permit will also have to be submitted to the State Building Inspector to see if he has any objections. This will be the first request of this type since the State Building Code went into effect. MOTION by Councilman Mittelstadt to waive the fire limits on Fireside Rice Bowl, to waive the State Suilding Code Section 104 and direc't the City Administration to contact the State Inspector to determine if this permit is permissible. Seconded by Councilman Otter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Breider that the permit be issued with the following stipulations: �1. That there be a sprinkler system installed in the new kitchen addition. #2. That a letter of ,ntent be signed by Mr. Wong stating they will meet the Code on the remainder of their remodeling for the rest of the building. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. Harold Harris, Rotary Signs Mr. Harold Harris explained that he has talked to the City Staff on three occasions concerning some signs the Rotary would like to put up. He said he has already ordered the signs, they would be approximately 3D" across in the shape of the spokes of a wheel with "Sandees - Wednesday - 12:15 P.M." � ' , �y4 f ^� REGOLAR COUNCIL MEETING OF SEPTEMBER 11, 1972 PAGE 5 � printed below. These are placed at the entrances of the City to Le11 any Rotarian coming into town where he may make up a meeting. They place great emphasis on good attendance and punctuality. He said t�e Building Inspector told him he called the Highway Department and they said that the signs could not be placed where he wanted them because it is public right of way. Mr. Harris asked about the "Welcome to Fridley" s�gns - they are used on the other side by a profit making firm - isn't that a conflict of interest� The City Engineer explained that the "Welcome to Fridley" signs are on private property and the property is leased by Naegele's so that is a different situation. In this case the right of way is County and State and Mr. Harris was advised by the Staff tha� Fridley has no �urisdiction. Fridley can nei_her approve or disapprove. The City r_an waive the fee for the signs since Rotary is a non-profit making organization. If Mr Harris would like to choose other locations where State and County right of way is not used, then the City could help him. M01ION by Councilman Breider to approve the six Rotary signs requested by Mr. Harold Harris if he is successful in gaining the perm�ssion of the County and/or State, also to waive the fee Seconded by Councilman Mittelstadt. Upon a voice vote, al1 ayes, Mayor Liebl declared the motion carried unanimously. � RECEIVING B2DS FOR $2,135,000 G.O. SPECIAL ASSESSMENT FUND BONDS Mr. Robert Ehlers, of Ehlers and Associates, Inc., Financial Consultants, reported that the Dow Jones Bond Index is 5,400 on September 11th. He commented that at the bond sale in 1970, the rate was considerably higher. He said the bonds are in a great deal of detail, so he suggested that after they are opened, he and the Finance Director will retire to examine the bids, then report back to the Council. Mr Ehlers said that he was very pleased that Fridley was successful in attaining an "A" rating. This generally leads to a lower interest rate. Mr. Ehlers then opened the sealed bids and reported them as follows Bid #1 Account Manager BANC NORTHWEST OF MINNEAPOLIS, MINNESOTA Account Members. First National Bank & Trust Co. Oklahoma City, Oklahoma First National Bank in St. Louis Idhite, Weld & Co., Inc. NET INTEREST COST. $92�,725.25 NET INTEREST RATE. 5.042280 Bid �2. Account Manager• SORAN AND MDODY, INC., ST. PAUL, MINNESOTA � Account Members Allison-Williams Company American 'National Bank & Trust Company Dain, Kalman & Quail, Inc First National Bank of Minneapolis First National Bank of St. Paul Merrill Lynch, Pierce, Fenner & Smith Incorporated Paine, Webber, Jackson & Curtis Incorporated (a �� i� REGULAR COONCIL MEETING OF S�PTEMBER 11, 1972 (Bid #2 Continued) Piper, Saffray & Hopwood Incorporated E.J. Prescott & Company NET INTEREST COST: $918,691.60 NET INTEREST RATE: 4.9878% Bid #3:Account Manager JOHN NWEEN & CO., INC., CHICAGO, ILLINOIS Account Members: Reynolds Securities, Inc. Hornblower & Weeks-Hemphill, Noyes duPont, GZore, Forgan, Inc. Shearson, Hammill & Co., Inc. American Securities Corporation Channer Newman Securities Co. NET INTEREST COST $930,694.90 NET INTEREST RATE. 5.0529$ PAGE 6 Each of the three bids was accompanied by a good faith check in the amount of $42,700. � Mayor Liebl said he has known Mr. Ehlers for the past 6 years and he is very proud of his firm and the service Fridley has received in the pasrt. This "A" rating is a great credrt to the past Council' Jack Kirkham, Leonard Samuelson and David Harris have worked hard for this rating, as has ' current Councilman Breider. Also Don Mittelstadt has contributed on the Fridley Industrial Development Commission. The citizens are also to be commended because if they had not approved of the many improvements that have been made, Fridley could not have achieved this goal. Mr. Ehlers said that when the gentleman was here from New York to inspect the City, he said that this community seemed to know where it is going, and was very impressed with our City. He was shown photographs taken after the tornado and he marvelled at how Fridley has recovered. Mr. Ehlers and the Finance Director then left the Council Meeting to analyze the bids. REVIEW OF THE PR�LIMINARY PLANS AND SPECIFICATIONS FOR THE FRIDLEY MUNICIPAL LIQUOR STORE MOTION by Councilman Mittelstadt to table this item to the next regular Council Meeting. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. FIRST READING OF AN ORDINANCE ESTABLISHING AN ENVIRONMENTAL QUALITY COMMSSSION IN THE CITY OF FRIDLEY The City Manager said that as you know, this was first brought to the ' Council's attention by Councilman Mittelstadt several months ago. There has been an ad hoc citizen committee headed by Winston Jacobson working on the ordinance for many months. Since the original draft, the proposed ordi- nance has been sent to a number of Fridley groups having an interest in it for their comments, suggestions or criticisms, A number of suggestions have i�+ �I REGULAR COUNCIL MEETING OF SEPTEMBER 11, 1972 � been received, and this second draft is the result of these suggestions. He said he was happy to recommend the Council acting f-avorably on this ordinance. He felt there was a need for a special emphasis toward pro- tecting our total environment. PAGE 7 M01ION by Councilman Mrttelstadt to publicly cite Winston Szcobson for the outstanding �ob he has done in heading up this ad hoc crtizens committee, and direct the City Administration to prepare a citation for Mr. .Tacobson. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. Councilman Mittelstadt then asked Mr. Jacobson to stand and led the Council and the audience in applause. Mayor Liebl said he was very proud to have Mr Jacobson as a citizen of Fridley. Mayor Liebl said that before the second reading of this ordinance, the question should be answered whether this commiss,on will be given autonomy and be considered an independent body or whether they should be answerable to the Planning Commission, or work directly with the Planning Commission be asked the City Attorney if he could foresee any conflicts with the Planning Commission in pursuing their goals. The City Attorney said that the original oxdinance was presented to him along with many recommendations from the var�ous organizations, many of � which were not consistent. He said he drafted up �he sccond draFt now before the Council by picking and choosing among the many suggestions. The words XXX'ed out in the Agenda are the words the ad hoc committee would like to have eliminated. He could see no problem with a conflict between the Planning Commission and the Environmental Quality Commission. The one area the Council should consider is to coordinate the commissions properly as far as the time element is concerned. Fridley now has a fairly streamlined procedure for handling requests wi�h as short a time lapse as possible. This, he felt, has been an inducement in getting industry into Fridley. If an item should have to go before the Planning Commission and the Environmental Quality Commission both, they should be timed so that the recommendations are ready to go to the Council at the same time. There could be better coordination if the Chairman of the Environmental Quality Commission was made a member of the Planning Commission If the Council decides not to do this, then rules should be laid down on when matters would go to them and when they are due back. Councilman Breider said that rt seemed we are talking about two different functions. When he thinks of an Environmental Qualrty Commission for Fridley, he does not envision all the plans, variances, plats etc. going through them. He had in mind more of such studies as "Ban the Can" or problems with creeks and wate.rways ete. The City Attorney said he thought it would be a part of both. He didn't thlnk every request should go to the Commission, but there may be plats that ' have an erosion problem, or a new industry coming in wit1� some unique pollution concerns. Councilman Breider said he could not see the point in having all requests, such as rezonings go to the Commission. For such things as noise pollution, there is already control in the Zoning Ordinance. The City Attorney said that if this is the concensus of the Council, it should be made explicit in the ordinance. Councilman Mittel- stadt said that he did not envision the Commission studying every proposal coming before the Planning Commission. �2 REGULAR COUNCIL MEETING OF SEPTEMBER 11, 1972 PAGE 8 Councilman Breider said that the Environmental Quality Commission couZd study North Park and recommend what, in their opznion, would best benefit the City. Councilman Mittelstadt adde$, also recycling. The City Attorney said he would not ob�ect to taking out the words, "as the City Council may request" in Section 5. This would open up the scope of their studies to more than �ust what is referred to them by the Council. Councilman Mittelstadt said that he would like to see the Commission report to the City Counctl f�r the rest of this year. The rest of the year they can formulate specific goals. They will have secretarial help, but no budget. MOTION by Councilman Mittelstadt to approve the Ordinance as it appears on Pages #3B to �3E on first reading and waive the reading. Seconded by Councilman Breider. A member of the audience asked what words were being elzminated with the explanation that this gives them the freedom to znitiate their own studies, Ms. Kay Metcalfe, League of Women Voters, said that the League supports this Ordinance including the freedom to �nitiate programs for presentation to the Counail, Mayor Liebl told Ms. Metcalfe that Barb Hughes did write a letter to the Council in support of this proposal. Mr. A. Goedeking, 161 Rickard Road, asked where he might get a copy of the Ordinance and what the source of funding is for this Commission. Councilman Breider gave him his copy of the Ordinance from his Agenda and the City Manager said they had no budget for 1972, but wi11 be provided with secre- tarial services from the Staff, The budget is in the process of laeing prepared for 1973, and if the Commission is established, it will be provided for. THE VOTE UPON THE MOTION, being a roll call vote, Breider, Liebl, Utter and Plittelstadt votzng aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #106-1972 - AWARDING THE SALE OF $2,135,OOD SPECIAL ASSESSMENT FUND BONDS, FIXING FORM AND SPECIPICATIONS THEREFOR. DIRECTING THEIR EXECUTION & Mr. Robert Ehlers and Mr. Marvin Brunsell returned to the meeting and reported that after examining the bids they find the bid of Juran and Moody, Inc., St. Paul, Minnesota to be the most advantageous bid and they recommend awarding the sale to them. MOTION by Councilman Utter to adopt Resolution �106-1972, awarding 'the sale of $2,135,000 special assessment fund bonds to Juran & Moody, Ine., of St. Pau1, Minnesota for a net interest cost of $916,691.60 and with a net interest rate of 4.9878o Seconded by Councilman Mittelstadt. ilpon a roll ca11 vote, Mrttelstadt, Breider, Liebl and Utter voting aye, Mayor Liebl declared the motion carried unanimously. Mr. Ehlers then brought the bonds forward to the Council table for execution by the Council. � , �J r• � �, . REGULAR COUNCIL MEETING OF SEPTEMBER 11, 1972 ENVIRONMENTAL pUALITY COMMISSION. PAG� 9 Ms. Kay Metcalfe said she would like to bring up one more point conce'rning the Commission, and that is the need for a recycling center in Fridley She said she has done some research on this and Columbia Heights and St. Anthony both have recycling centers. The League would like a center to be set up on a regular basis with the service organizations alternating with the work. She said she has not contacted all the members on the ad hoc committee, but she would like the Council to consider this proposal CONSIDERATION DF FUNDING PLAN - STONYBROOK CREEK The City Manager said that there is a memo from the Finance Director daL-ed September 7, 1972 in the Council Agenda presenting the alternates for financing the work that has been started on Stonybrook Creek. His suggestion, and that of the Finance Director, is that the work be funded from Funds other than the emergency reserve. If $22,000 were to be taken from that fund, it would leave a balance of only $12,173 which would run the fund dangerously low, considering there could be some unforeseen emergency before the end of the year. Another consideration is that he has �ust completed his review of the budget and if this money is taken out, it would reduce the carry-over into 1973 if it is not used for some unforeseen use. It has been difficult to prepare the budget this year due to the State levy limitations. The suggestion for funding is utilizing some $44,000 that was set aside out � of SS�SW �101 &'�102 for downstream work. This was originally planned to take care of the storm water in Stonybrook Creek. If the Council desires to follow this route the Engineering Department will have to be directed to prepare plans and specifications and call for bids for the work. When the bids are received it can then be determined whether it would be more economical to award the bid to a coiltractor or do Lhe work with City personnel. He suggested the bids could be received on September 25th, then the work could be finished in the month of October. Mr A. Goedeking, 161 Rickard Road, asked what the areas were that he was talking about. The Finance Director showed the areas of SS&SW �{101 &#102 on the map. These are the projects for east of East River Road, and have provided $44,000 for downstream work. The question for the Council to decide now is whether the people on the west side of East River Road are to be assessed. If they are not, then the total assessment will have to be borne by those on the east side of East River Road Councilman Breider said that at the initial hearing for those two projects, it was anticipated that there would have to be some downstream work done, and the cost quoted per 100 square feet was with that work included. That $44,000 is to be assessed against SS&SW #101 &�102 and wi11 have no eifect on those living on the west side of East River Road. Mayor Liebl said that he didn't know if that could be done legally, the City is required to assess according to benefits received. � Mr. Bob Dueholm, 290 Craigbrook Way, said he lived on the creek and asked ii this money that has been provided has already been levied Mayor Liebl - answered no. Mr. Dueholm asked if this was part of the original �101 & f{102 and the City Manager said yes, but the work was not completed. The wor]< on �101 &#102 is in progress and when rt is completed, there will be an assessment hearing. ��t AEGOLAR COUNCIL MEETING OF SEPTEMBER 11, 1972 PAGE 10 Mr. Dueholm said that there have been meetings on this since last March, and why is this the first they have heard about these funds� The City Manager explained that until August 28th, the City Administration did not know what type oF improvement the City Council was going to order in. The funds in the project would not pay for all the alternates which range from $250�000 down to $30,OOD. Mr. Dueholm said he was concerned about the slowness of this pro�ect's progress. Mayor Liebl said that the legal procedum for calling for bids must be gone through and the City Attorney added that this is probably the fastest improvement in the history of the City. Mr. Goedeking asked what kind of improvement is being proposed. The City Engineer said the same that the City forces have been doing, but more of it. There will be more extensive work next to East River Road. Mr. Goedeking asked if the improvement will take care of the 36" culvert under Alden Way and the City Engineer answered no, but he recommended that the money be encumbered as a part of the cost of the improvement project. If the Crty were to get funds from some other source, and a permanent improvement could be made, then any money spent on the culvert would be wasted. Mr. Leonard Samuelson, 7800 East River Road, said that the action taken by the Council coincides wrth the intent of the Council in 1967 and 1968. He said the work the Engineering Department has done is proper, and he has no objection, and he felt the Council made a wise decision. MOTION by Councilman Mittelstadt that the improvement of Stonybrook Creek be made possible under the stipulatzons of SS&SW �r102 &#101 under the paragraph calling for DOWNSTREAM IMPROVEMENTS, and to direct that bids be brought bePore the Council for this work on September 25th. The motion was seconded and upon a vmce vote, a11 ayes, Mayor Liebl declared the motion carried unanimously. R�SOLUTION �{107-1972 - ORDERING CATIONS FOR SS&SW PLANS AND SPECIFI- MOTION by Councilman Mittelstadt to adopt Resolution #107-1972. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. 72 - RECEIVING PLANS AND SPECIFICATIONS AND ORDERING MOTION by Councilman Mittelstadt to adopt Resolution #1D8-1972. Seconded by Cpuncilman Breider. [Jpon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. APPOINTMENTS FRIDLEY HUMAN RELATIONS COMMITTEE Mayor Liebl said that he had two names to place before the Council for appointment to the Human Relations Committee as follows: Mrs. Harold Belgum (Merrilyn) 191 Hartman Circle 786-1191 Mrs. Stephen Packer (Karen) 1088 Hackmann Circle 788-4335 � ' ' � � REGOLAR COUNCIL MEETING OF SEPTEMBER 11, 1972 PAGL' 11 MOTION Uy Councilman Mrttelstadt to approve the foregoing appointments. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously Mayor Liebl asked that they be sent the by-laws of the committee. RECESS Mayor Liebl declared a recess at 9:50 P.M. The Meeting was reconvened at 10•10 PM. RECEIVING THE MINTUES OP THE BUILDING STANDARDS - DESIGN CONTROL COMMITTEE MEETING OF AUGUST 24, 1972 TO CONSTROCT A1Q ADDITION TO 9N EXISTING SAME BEING 6315 UNIVERSITY AVENUE N.E., PRIDLEY, MINNESOTA 5 ST BY D.W. The City Engineer explained that this request is for an addition to the Fridley State Bank. The plans were approved by the 3ubcommrttee with the stipulation that a landscaping plan be submitted, which they have done The addition will be east of their existing building and they are proposing to start with the parking lot. He then showed the Council the plans. MOTION bq Councilman Breider to approve the plans ior the addiLion to the Fridley State Bank. Seconded by Councilman M,ttelstadt Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Mittelstadt to receive the Minutes of the Building Standards - Design Control Subcommittee Meeting of August 24, 1972. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF AUGUST 29, 1972. 1. A REQUEST FOR VARIANCES OF• SECTION 56.05, 6A, FRIDLEY SIGN OR➢INANCE TO INCREASE THE MAXIMUM SQUARE FOOTAGE FOP. A FREE STANDING SIGN FROM 80 SOUARE FEET (160 SOUARE FEET FOR BOTH SIDES) TO 96 SOUARE FE�T (196 SQUARE FEET FOR ALL FOUR SIDES), SECTION 56.Q5, 6D, TO MAXIMUM HEIGHT FOR A FREE STANDING SIGN FROM 25 FLET T SECTION 56.05. 6F. TO �iCREASE THE 30 FEET, AND � BL AWAY FROM FREE STANDING SIGN TO BE LOCATED ON LOT 1, BLOCK l, AND OOTLOT 1, &LOCK 1, FRIDLEY INDUSTRIAL PARK PLAT l, THE SAME SEING 7298 HIGHWAY #65 N.E., FRIDLEY, MINNESOTA. (REQUEST BY CHAMPLIN PETROL�UM COMPAN P.O. BOX 1265. SIOUX FALLS, SOUTH DAKOTA) , 1he City Engineer reported the Board approved this request wiLh the stipulation that this sign is to be in lieu of any other sign on 73rd Avenue. P10TION by Councilman Breider to concur with the Board of Appeals and approve the variances requested by Champlin Petroleum. Seconded by Councilman Mittelstadt Upon a voice vote, a11 ayes, the motion carried unanimously. � � I'r J tiY REGULAR COUNCIL MEETING OF SEPTEMBER 11, 1972 PAGE 12 The Crty Engineer reported that It�m #2 - a request by Midwest Van & ' Storage has been withdrawn 3. A REQUEST FOR A VARIANCE OF SECTION 45.053, 4C, FRIDLEY CITY CODE, TO REDOCE THE MINIMUM REAR YARD DEPTH FROM 25 FEET TO 19 FEET TO ALLOW THE CONSTROCTIOV OF A DWELLING TO BE LOCATE➢ ON THE NORTH 80 FEET OF LOT l, BLOCK 2, MOORE LAKE HIGHLANDS, THE SAME BEING 910 MISSISSIPPI STREET N.E. FRIDLEY, MTNNESOTA. (REQUEST BY MR. DENNIS COLLINS, 3804 HIGHCREST N,�., MINNEAPOLIS. M MOTION by Councilman Utter tc concur in approval of the variance requested by Mr. Dennis Collins. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. The City Engineer reported that Item #4 - varaances requested by William Nicklow are still pending before the Board, MOTION by Councilman Breider to receive the Minutes of the Board of Appeals Meeting of August 29, 1972. Seconded by Councilman Otter. Upon a voice vote, al1 ayes, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINOTES OF THE FLANNING COMMISSION MEETING OF AUGUST 23, 1972 MOTION by Counczlman Breider to recezve the Mznutes of the Planning Com- mission Meeting of August 23, 1972 Seconded by Councilman Utter. Upon � a voice vote, all aqes, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF ISLAN➢ OF PEACE COMMITTEE REQUEST FOR ADVANCEMENT OF FUNDS: Councilman Mrttelstadt reported that he had received some input *hat the feeling was that the Committee ought to have approved or disapproved of this letter before i't came to Council. The Committee has not seen this letter. Mayor Lieb1 agreed that the Chairman should not have written the letter if it was not approved by the Committee. He said he would like to have the City Manager, and the City Attorney meet wrth the Committee to iron out some disagreements between some of the men. The City Attorney said that some of the me�ers have indicated 'that they would like to see the Committee enlarged to encompass people with different backgrounds. He said he understood there was to be an Island of Peace Commrttee meeting on Wednesday, September 13th, and he would be glad to attend. The City Manager reported that he suggested to Mr. Olson that this letter be submitted to the Council on the basis that he would not have the authority to expend City funds wrthout fo�mal Council authorization. He had suggested this letter be prepared because there are bills pending and he felt the Council should be aware of these expenses. ' � r; �'7 ,' REGULAR COUNCIL MEETING OF SEPTEMBER 11, 1972 PAGE 13 � Councilman Breider said that throughout the discussions with the Island of Peace Committee the statements have been made time and again that the Com- mittee would be responsible for all the funding and that the City would only be asked to provide administrative assistance. If the Committee cannot pay their bills of a few hundred dollars, he wondered if the Crty should sponsor this grant for about $30,D00. The thing that bothers him is that the indi- cations al1 along have been that there would be no problem in raising the funds. He said he did not want to advance money to something he has said a11 along he would not make an advancement to, and that he could not ap- prove this advancement of funds because it violates the original idea The City Attorney said that the two items for $2LF5 are for legal services. They were included with their regular monthly billing This charge is in conjunetion with meeting with the State to work out the lease. Councilman Breider said, in his opinion, the legal services should be paid, because the City did promise administrative assistance, and that would include legal serv,ces, Lhe printing of the brochures etc, are not a City responsibility. Councilman Breider continued there are a number of service organizations that certainly do a lot of good for the community, but he would not want to make it a practice to advance them money either. This reques�, if approved, would seL- an undesirable precident. MOTION by Councilman Breider to approve payment of the legal services in the � amount of $245 and to disapprove the remainder of the items, totaling $273.84. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. Mr. Henry Dorff, of the Brooklyn Center Conservation Commission, said that he was representing the Commission, and would li]<e to veriiy some oP the statements that Mr. Wilmes has made, and determine what actions the Council has taken He commented that the creation of the Environmental Commission is to be com- mended. In talking to Mr. Wilmes, Durnam Island is included in �he Islands of Peace project. Councilman Mittelstadt said no, only Chase Island and the small uncharted island to the north of Chase. Mr porff continued that Brooklyn Center has taken the position that they would not approve of any structures on Durnam Island. Mr. Wilmes is talking in terms of buildings on the island, and although the Islands of Peace is certainly a commendable project, he did not want the natural beauty of Durnam destroyed. He said that Brooklyn Center feels that wrth the additions of a building and walkways on the island the wildlife that Mr. Wilmes is so con- cerned about preserving will be destroyed. Mr. Wilmes is a very persuasive person and his pro�ect is very impontant, but they feel that protecting the natural state of the island is also important. Durnam gets flooded every year and walkways would encourage erosion. The Council thanked Mr. Dorff for taking the time to express Brooklyn Center's opinion and explained that there has been some confusion between the Commrttee � members, but there is a meeting scheduled for Wednesday, September 13th and hopefully some of the problems can be ironed out. �� F,� REGOLAR COUNCIL MEETING OF SEPTEMBER 11, 1972 PAGE 14 RECEIVING THE MINOTES OF THE PARKS AND RECREATION COMMISSION MEETING OF , AUGUST 7, 197 2 MOTION by Councilman Mittelstadt to receive the minutes of the Parks and Recreation Commission Meeting of August 7, 1972. Seconded by Couneilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUIES OF THE CATV ADVISORY COMMITTEE MEETING OF AUGUST 2, 1972. MOTION by Councilman Mittelstadt to receive the Minutes. Seconded by Council- man Utter. Upon a voice vote, al1 ayes, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE CATV ADVISORY COMMITTEE MEETING OF AUGUST 22, 1972: MOTION by Councilman Mrttelstadt to receive the Minutes. Seconded by Council- man Utter. Upon a voice vote, a11 ayes, Mayor Liebl declared the motion carried unanimously. REC�IVING THE MINUTES OF THE CATV ADYISORY COMMITTEE MEETING OF AO�UST 24, 1972 MOTION by Councilman Mittelstadt to receive the Minutes. Seconded by Council- , man Utter. Upon a voice vote, all ayes, Ma�or Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE CATV ADVISDRY COMMITTEE MEETING OF AUGUST 30, 1972• MOTION by Councilman Mrttelstadt to receive the Minutes. Seconded by Council- man Utter. Upon a voice vote, al1 ayes, Mayor Liebl declared the motion carried unanimously. COIQSIDERATION OF LETTER REQUESTING ANOKA COUNTY ASSISTANCE FOR MiINICIPAL PARKS: MOTION by Councilman Mittelstadt to approve sending the letter as it appears in the Council Agenda. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RECEIVING REPORT ON PROBLEM INVOLVING DISCOLORATION OF WATER IN WATER The City Manager called the Council's attention to the memorandum submitted by the City Engineer, which is self-explanatory. Fridley has a long way to go to clean up this problem and bring the water up to acceptable limits. He said they could not foresee when this can be gotten under control, but it will , be a top priority item. Mayor Liebl said that the residents have laved with this water problem for many years, and he was most anxious to clear it up. REGULAR COUNCIL MEETING OF SETPEMBER 11, 1972 � Councilman Mittelstadt said that this report is an interim report and the Administration should be directed to hire one or more professional water consultants to look at this plan. He said he did not believe there was anyone in the City Engineering Department with the expertise to take the brown water problem out of Fridley. L� J 1 PAGE 15 MOTION by Councilman Mittelstadt to authorize bringing in professional con- sultants to look at this plan and determine its credibility. Seconded by Councilman Utter. Councilman Breider said this could be compared to the liquor store construction. At the time that was being discussed, the comment was mede that the City hlres competent people on the staff, and they should be able to get the job done. The Engineering Department has �ust gone through a reorganization and he would like to see what Mr. Qureshi would like to do. If Councilman Mittelstadt meant by his motion, that he would approve the hiring of some professional assistance at various times during these stud,es, fine, but if he meant to examine the report, then he would noL agree with the motion. Councilman Breider asked Mr. Qureshi if he could solve the rusty water problem. The City Engineer replied that the problem has existed for many years, how- ever, for the last three years, the Public Works Department has not been under his control and there are not good records oi the worst problem areas. With the reorganization of the Engineering Department, he now has the capability to attack the problem. Since this problem has existed many years, now it will take some time to find out the causes of the rusty water and how to attack it with the right solution. He said he has now sketched the areas they get the most calls from onto a map. Included in the report that was submit�ed is a report by an independent lab. The analysis reports are hand written as he �ust got them in today and did not want to take the time to have them typed but just took them down off the phone. He said that he would have to collect data on the pipes to see what types of crustation is present. Fridley has a three level system which is unique in this area. As L-o Councilman Breider's question, yes, there is no question his department will need some help from an independent laboratory at various times in his investigation. The first step nas to be to determine what is causing the problem before a cure can be found. Councilman Breider asked how long it would be before he could establish the problem. The City Engineer said that we plan to collect pipe pieces when we make cuts in the pipes in various parts of the City, collect all the data obtained from this, then analyze what we have found. Over a period of time, this should present a good picture of the job L-o be done. This is a difficulL-, time consuming problem. Mayor Liebl said that after six years with this problem, he was very anxious to get it solved and Mr. Qureshi should be given the assistance he needs. SECOND WITHDRAWN by Councilman Utter. Councilman Mittelstadt said he would also WITHDRAW HIS MOTION. MOTION by Councilman Breider to receive the report from the City Engineer dated Septemher S, 1972 and authorize the hiring of any outside assistance as may be necessary to solve the water problem. Seconded by Councilman Utter. Upon a voice vote, a11 ayes, Mayor Liebl declared the motson carried unanimously. �Y�� REGULAR COUNCIL MEETING OF SEPTEMBER 11, 1972 CONSIDERATION OF APPROVAL OF CHANGE ORDER FOR 55&SW #102 PAGE 16 The City Engineer reported this Change Order covers work in the area of East Ranch Estates Se wnd Addrtion, and land adjacent to it. This plat was approved 2- 3 years ago but it was not filed, now that it has been filed, the City has the necessary right of way to put in the improvements. This will get the culverts in under the roads so the roadways can be completed later. MOSION by Councilman Utter to approve Change Order #3 for SS�SW #102 in the amount of $80,594.20. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RESOLUTION #109-1972 - SETTING AN ELECTION FOR COUNCILMAN WARD I, COUNCILMAN WARD II AND COONCILMAN WARD IIL AND ON THE MATTER OF SUNDAY LIOUOR: MOTION by Councilman Utter to adopt Resolution #109-1972. Seconded by Council- man Mittelstad�. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RESOLUTION #110-1972 - THANKING REPRESENTATIVE BLATNIK FOR HIS EFFORTS IN INCLUDING ANOKA COUNTY IN THE OPPER GREAT LAKES REGIONAL COMMISSION: MOTION by Councilman Utter to adopt Resolution #110-1972. Seconded by Council- man Breider. Upon a voice vote, a11 ayes, Mayor Liebl declared the motion carried unanimously. RECEIVING PETITION #14-1972 - REGARDING DUST RAISE➢ BY TRAFFIC ON MATTERHORN DRIVE: MOTION by Councilman Mittelstadt to receive Petition #14-1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF PERMISSION TO ALLOW ROCKWELL MFG. TO UTILIZE SEWER PIPE IN MOTION by Councilman Utter to concur with the City Manager's recommendation to approve Rockwell Mfg. Co. using the sewer pipe cleaning machine provided they pay a11 costs of having a City of Fridley employee operate the machine. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. CLAIMS MOTION by Councilman Mittelstadt to approve payment of General Claims �29385 through #29580 and Liquor Claims #6973 through #7003. Seconded by Council- man Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. i LI ' I � � REGOLAR COUNCIL MEETING OF SEPTEMBER 11, 1972 ' LICENSES• (Multiple Dwellings) OWNER ADDRESS UNITS Irving Gunderson 5980 Anna Ave. 33 5980 Anna �ve. N.E. Fridley, Minn. 55432 Walter Sinner 6511 ^ 2nd St.N.E. 4 4427 Monxoe St.N.E. Minneapolis, 55421 Terzance H. & 5419 - 4th St.N.E. 4 Theresa A. Micley 7075 Hickory Dr. Fridley 55432 Soseph J. Ryan 105 - 58th Ave.ii.E. 4 10785 Valley View Rd. Minneapolis, Minn. 55343 Rennth Franko 5640 - 7th St.N.E. 11 � 6324 Scott Ave.N. Mpls. Kenneth Franko 5612 - 7th St.N.E 11 6324 Scott Ave.N. Mpls. R. J. Bauman 6061 - 2nd St.N.E. 4 6061 -2nd St.N.E. Eridley, M3nn. R. J. Bauman 6060 -2'� St.N.E. 6061 -2nd St.N.E. Fridley 55432 � S� S Investment Co. 5475 Main St.N.E. 12 (Robert Spong) 1202 Pike Lake Dr. New Brighton 55112 S& S Investment Co. 5495 Main St.N.E. 12 1202 Pike Lake Dr. New Brighton 55112 , Arnold Elmquist, 4913 -3rd St.N.E. 7 8140 Long Lake Rd.N.E. Mpls. 55432 Same as above 4921 - 3rd SC.N.E. 7 PAGE 17 FEE APPROVED BY 33.00 Fire Erev. 10.00 Fire Prev. 10.00 Fire Prev. 10.00 Fire Prev. 11.00 Fire Prev. 11.Q0 Fire Pxev. 10.00 Fire Prev. 10.00 Fire Prev, 12.00 Fire Prev. 12,OQ Fire Prev. 10.00 Fire Prev. 10.00 Fire Prev. ,� 1 �; �, � ! REGULAR COUNCIL MEETING OF SEPTEMSER 11, 1972 LICENSES CONTINUED. OWNER Arnold Elmquist 8140 Long Lake Rd.N.E. Mpls. 55432 Same as above Same as above Same as above Same as above Stanley J. Kania 430 Ironton St.N.E. Fridley, Minn. Spencer J. Sokolowski for Berton Cross 556 - 40th Ave.N.E. Mpls. 55421 George J. Benik, 221 Satellite Lane Fridley, Minn. 55432 Alejandro Mosie�czuk P.O. Box 757 Mpls. 55440 James H. Johnson 621 Bennett Drive Fridley 55432 Leonard S. Dailey 8251 E.River Rd. Fridley 55432 LaVerne M. Bauer, 5800 - 4th St.N.E. Fridley, Minn. KBM Investment Co. 3005 Ottawa Ave. So. Mpls. 0 �.A L � ' ��.. • ' ADDRESS UNITS 4939 - 3rd St.N. E. 7 6370 - Hwy. 65 15 6417 Hwy. 65 8 6393 Hwy. 65 7 4949 - 3rd St. N.E. 7 430 Ironton St. 4 5841 - Znd St.N.E. /+ 221 Satellite Lane 11 5974 - 3rd St.N.E. 4 380 - 57th Place 4 8251 East River Rd. 4 5800 - 4th St.N.E. 4 1619 - 73rd Ave.N.E. 24 PAGE T8' FEE APPROVED BY� 10.00 Fire Prevent9mn 15.00 Fire Prev. 10.00 Fire Prev. 10.00 Fire Prev. 10.00 Fire Prev. 10.00 Fire Prev. 10.00 Fire Prev. 11.00 Fire Prev. 10,00 Fire Prev. 10.00 Fire Prev. 10.00 Fire Prev. 10.00 Fire Prev. 24.00 Fire Prev. ,�, �� � ' �- _ � � �. �. hr � ,_ I REGULAR COUNCIL MEETING OF SEPTEMBER 11, 1972 LICENSES CONTINUED, � � � OWNER ADDRESS UNITS Floyd C. Bzadley 5900 -2� St.N.E. 7 5861 W. Moore Lake Dr. Fridley 55432 same as above 5908 - 2� St.N.E. 7 Same as above 5916-2'� St.N.E. 7 BRIC of Minnesota 5700 Polk St. 32 c/o Draper & Kramer Inc. (995 Lynde) 6800 France Ave. So. Mpls. 55435 BRIC o€ Minnesota 5701 Central Ave. 32 Carlyle J. Matheson 6341 Highway 65 4 Rt. 1, Box 3, Aurora, Minn. Rent E. Welter 5370 - Sth St.N.E. 3 5704 - 56th Ave.No. Mpls. M.A. Biddle 211 - 79th Way N.E. 4 48�Q Cedar Lake Rd. So. Mpls. Gary G. Novak 5820 -2� St.N.E. 4 5315 N.E. 4th St. Mpls. 55422 Lucia Lane Apts. 6670 Luc2a Lane N.E.lfi Limited Partnership 412 Southview Blvd. So. St. Paul Minn. 55075 See Above 6680 Lucia Lane N.E. 16 See Above 6690 Lucia Lane N.E. 16 FEE 10.00 PAGE 19 APPROVED BY: Eire Prev. 10.00 Fire Prev. 10.00 Fire Prev. 32.00 Fire Prev. 32.00 Fire Prev. 10.00 Fire Prevention 10.a0 Fire Prev. 10.00 Fire Prev. 10.00 Fire Prev. 16.�0 Fire Prev. 16.00 16.00 Fire Prev. Fire Prev. A�' � � : ty,_ l '1 t� 9 I I i REGULAR COUNCIL MEETING OF SEPTEMBER 11, 1972 LICENSES CONTINUED: OWNER ADDRESS UNITS Udell Larson 5460 - 7th St.N.E. 34 6848 Knoll St. Mpls. 55427 Renneth G. Larson 350 - ISth Ave.N.E. 11 6848 Knoll St. Mpls. 55427 McGlynn-Garmaker Co. 1050 -52nd Ave.N.E. 16 Suite 610 730 Hennepin Ave. Mpls. 55403 See Above 1090-52nd Ave.N.E. 16 See Above 1120-52nd Ave.N.E. 16 See Above 1170-52nd Ave.N,E. 16 Albin Johnson 5800 - 2'�St. N.E. 4 6824 Ewing Ave. No. Mpls. Albin Sohnson 5810 -2�St. N.E. 4 6824 Ewing Ave. No. Mpls. Paul M. Sohnson 6525 -2nd St.N.E. 7 3925 Shamrock Dr. Mpls. 55421 William A. Shaw Jr. 7400 Lyric Lane N.E. 8 7343 Hayes St.N.E. Fridley, Minn. 55433 Miles Construction Co. 7673 East River Rd. 4 4500 Lyndale Ave.No. Mpls. Miles Construction Co. 106 77th Way N.E. v 4500 Lyndale Ave.No. Mpls. e PAGE 2'9 FEE APPROVED BY 34.00 Fire Prev. 11.00 Fire Prev. 16.00 Fire Prev. I6.Q0 Fire Prev. 16.00 Fire Prev. 16.00 Fire Prev. 10.00 Fire Prev. 10.00 Fire Prev. 10.00 Fire Prev. 10.00 Fire Prev. 10.00 Fire Prev. 10.00 Fire Prev. 4! � j � ��t _ � � �.� ' k� r- � _ _I REGOLAR COUNCIL MEETING OF SEPTEMBER 11, 1972 PAGE 21 M01ION by Councilman Breider to approve the licenses as submitted. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. ESTIMATES: IQodland Associates, Inc. Alexandrla, Minnesota 56308 PARTIAL Estimate #7 for work completed this date, for the construction of Sanitary Sewer, Storm Sewer and Watermain Improvement Project �102 according to contract $27,117.13 MOTION by Councilman Sreider to approve the estimate as submitted. Seconded by Councilman Mittelstadt. Upon a voice vote, a11 ayes, Mayor Liebl declared the motion carried unanimously. RESOLUTION ADDITIOV T THE PURPOS. -1972 - DECLARING THE NECESSITY FOR AN ADDITIONAL TAX LEVY IN MILL LIM MOTION by Councilman Breider to adopt Resolution #1ll-1972 Secqnded by Councilman Mittelstadt. Upon a voice vote,all ayes, Mayor Liebl declared the motion carried unanimously. COMMUNICATIONS• GRACE HIGH SCHOOL, SIGN REQUESTED MOTION by Councilman Mittelstadt to approve the request outlined in the letter from Grace High School dated Augus't 24, 1972 Seconded by Councilman Utter for discussion, Councilman Utter asked where they wanted to put this sign. The City Engineer explainzd that Central Avenue is a county road, and as they want Lo use public right of way, they should be directed to the Anoka County Highway Department as Fridley has no jurisdiction. MOTION WITHDRAWN by Councilman Mrttelstadt with the agreement of the seconder. MOTION by Councilman Mittelstadt to receive the communication from Grace High School dated August 24, 1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RICHARD 1�iILLER INC. IMPROVEMENIS REQUESTED The City Engineer explained that Briardale is a new area and the water and sewer has just been installed. Mr. Miller is now requesting that the curbin� be installed, however, his department likes to wait one season to allow the � trenches to settle before curbing is installed He said he would talk to him to try to dissuade him from this idea. MOTION by Councilman Breider to receive the communication from Richard Miller, Inc. dated August 25, 1972, Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. :J �tP REGULAR COUNCIL MEETING OF SEPTEMBER 11, 1972 PAGE 22 THE LEARNING TREE CENTER: TEMPORARY USE OF CHORCH REQUESTED � MOTION by Councilman Breider to receive the communication from The Learning Tree Center dated August 29, 1972 and concur wrth their request. Seconded by Councilman Mittelstadt. Upon a voice vote, al1 ayes, Mayor Liebl declared the motion carrzed unanimously. LETIER FROM MAYOR LIEBL TO MR. � MRS. HERRING: WALKWAY MOTIDN by Councilman Breider to receive the communication to be sent from Mayor Liebl to Mr. & Mrs. Herring concerning the walkway to the Stevenson School. Seconded by Councilman Mittelstadt. Upon a voice vote� a11 ayes, Mayor Liebl declared the motion carried unanimously. DON A. SCHULTZ. OBJECTION TO SPECIAL ASSESSMENT POLICY MOTION by Counmlman Utter to receive the communication from D.A. Schultz dated August 28, 1972. Seconded by Councilman Mrttelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. �D WILMES THANKING COUNCIL FOR PAST CONSIDERATION AND REQUESTING TO BE ON AGENDA SEPTEMBER 18TH MOTION by Councilman Mittelstadt to receive the communication from Ed Wilmes. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor L�ebl � declared the motion carried unanimously. ADJOURN The Regular Council Meeting of September 11, 1972 was adjourned at 11.00 P.M. Respectfully submitted, ��� ����� Juel A. Mercer _ Frank �. Lieb Secretary to the City Council Mayor �