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11/06/1972 - 00017057�i� �i, �? THE MINOTES OF THE REGOLAR COUNCIL MEETING OF NOVEMEER 6, 1972 The Regular Council Meeting of the Fridley City Council was convened at 7:45 P M., November 6, 1972. PLEDGE OF ALLEGTANCE; Mayor Liebl led the Council and the audience in saying the Pledge of Allegiance to the Flag. INVOCATION: Councilman Mittelstadt offered the Invocation. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT PRESENTATION: Breider, Lieb1, Otter � Mittelstadt None United Nations Flag to the Citv of Fridley by the League of Women Voters and Receiving Communication from the League of Women Voters Mrs. Connle Metcalf presented the United Nations Flag to the Council of the City of Fridley as a symbol to all that the flying of this flag wi11 remind us that we are not only citizens of our state and nation, but of the world, Mayor Liebl thanked the League for the flag. MOTION by Councilman Mittelstadt to receive the communication from the League of Women Voters dated October 23,1972. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously, APPROVAL OF THE MINUTES OF THE REGOLAR COUNCIL MEETING OF OCTOBER 2, 1972 MOTION by Councilman Mrttelstadt to adopt the Minutes of the Regular Council Meeting of October 2, 1972 Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. APPRO";AL OF TH� MINUTES OF THE MINUTES OF THE REGOLAR AND PUELIC HEARING MEETSNG OF OCTOBER 16,1972 MOTION By Councilman Breider to adopt the Minutes of the Comhined Regular & Public Aearing Meeting of October 16, 1972 as submitted. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. � , , , , ,�, REGULAR COUNCIL MEETING OF NOVEMRER 6, 1972 PAGE 2 � APPROVAL OF THE MINOTES OF THE SPECIAL PUBLIC HEARING MEETING OF OCTOBER 17, 1972: MOTION by Councilman Mittelstadt to adopt the Minutes of the Special Public Hearing Meeting of October 17, 1972 as written. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Llebl declared the motion carried unanimously. ADOPTTON OF AGENDA: Mayor Liebl said there were a few communications to add as follows• #36 Receiving Report from the Public Examiner on the Fridley Volunteer Firemen�s Relie� Association. #37: Receiving Letter from Mr. � Mrs. Warren Palm, 6421 East River Road. Receiving Letter from Father Ed Chmielewski Concerning the Home for the Handicapped which can be received when that item is discussed. MOTION By Councilman Breider to adopt the Agenda as amended. Seconded by Councilman Mittelstadt. Upon a voice vo'te, a11 ayes, Mapor Liebl declared the motion carried unanimously. VISITORS: � Mayor Liebl asked if there was anyone who wished to speak on any non-agenda type item, with no response. ORDINANCE �522 - AN ORDINANCE AMENDING ORDINANC� }�496 GRANTING A FRANCHISE TO GENERAL TELEVISTON OF MINNESOTA, INCORPORA^tED, ITS SUCCESSORS AND ASSIGNS TO OPERATE AND MAINTAIN A COMMUNITY TELEVISION SYSTEM IN THE CITY: SETTING RF.GULATION AND USE OF THE COMMUNITY TELEVISSON SYSTEM, AN➢ PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONF, Mayor Liebl asked Councilman Breider if, sirace he made the motion for adopting the Ordinance on first reading wrth the suggestions for the changes, he was satisfied with the changes made by the Administration, and Councilman Breider replied that he was. Mayor Liebl asked Councilmen Utter and Mittelstadt if they had any more suggestions or comments to add and they replied they were sacisfied with the Ordinance as it appears. Mayor Liebl said that thls amended Ordinance will be ePfective if the people approve of cable television at the referendum tomorrow. If not, it will be null and void acwrding to the City Charter. The City Attorney suggested that the Council could pass the Ordinance on second reading with the instructions that if the referendum should vote down cable television, then it would not be published. MOTION By Councilman Breider to adopt Ordinance �522 on second reading, waive � tne reading and order publication be held up un�il it is known whether the cable television issue is affirmative. Seconded by Councilman MittelstadL [7pon a roll call vote, Liebl, Utter, Mittelstadt and Breider voting aye, Mayor Liebl declared the motion carried unanimously. a kv � REGOLAR COUNCIL MEETING OF NOVEMBER 6, 1972 PAGE 3 The City Manager explained that because of the time table and the size of � this Ordinance, the "Sun" was furnished with a copy of the Ordinance last Friday, so they could set type and proof read with the understanding that they would go back and make any changes necessary after this meeting, since the Council wanted publication this Wednesday. The Ordinance will take up a full page, so if the Ordinance is not published the newspaper is left with a fu11 page with nothing to print. The City Attorney said that if the vote turns out negative the Ordinance will not be effective. The City Manager agreed, the decision actually rests with the Company, as they have to stand the cost of publication. Whether they want to gamble on the referendum passing is up to them. Mayor Liebl said that he was sure it will pass as Fridley residents are forward thinking people and this is a progressive community. Mr. James Goetz, President of General Television, said that he had a great deal o� faith in the citizens of Fridley and they were willing to take the risk and have the Ordinance published on the assumption it will be voted in. MOTION by Councilman Breider to WITHDRAW from his motion that portion that will withhold publication of the Ordinance. The Administration is to proceed with the publication inasmuch as commitments have been made to the "Sun" and in view of the faet that General Television has chosen to pay for the publication regardless of the outcome o� the election. Seconded by Council- man Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. � Mrs. Barbara Koropchak said that she had assumed wrongly that there would be a motion to adopt the Ordinance on second reading at which time it would be opened up for discussion from the audience, She said that what she had prepared seems moot in view of the fact that the vote has already been taken. One of the points she was concerned about is in the literature prepared by General Television they state that the Company will stand the expenses of televising some civic functions, sports events, local news etc. She said she could find nothing in the Ordinance to cover this statement they have made, and if that statement is true as they have told people, then it should be in the Ordinance. Mr. Goetz said that there seems to be some confusion on what should and should not be in the Ordinance. The Federal Communications Commission regulates what cable systems can and cannot carry and the F.C.C. states that it is mandatory to have local origination in the City of Fridley. Tn their pro- posal made to Fridley a year ago and again since then, General Television has pledged a minimum of 40 hours per week of loca7 origination programming. There is also a certification process their aompanp must go through to obtain a license from the F.C.C, and they must meet their requirements. The things that are shown will be at no expense to the tax payers. Mayor Liebl asked iP they foresaw the Fridley basketball team going to Osseo for a game and cable television being able to carry the game. Mr. Goetz said that he hoped to be able to, although they must get approval from the Board of Education �o carry these games. This has been done in St. Cloud where many sports � events are carried, not only the basketball and football games but such things as wrestling and cross-country events. This is, of course, an ad- vantage to them to be able to do this, as it is an incentive to get new subscribers. Mrs. Koropchak asked if in this coverage, there would be _J II i $�� � REGULAR COUNCIL MEETING OF NOVEMBER 6, 1972 PAGE 4 , any advertising. Mr. Goetz answered yes, there would be advertising, but whether the company makes or loses money, there must be the coverage. This also is regulated by the F.C.C., and is not a local prerogative Mrs. Koropchak said that in the 5$ of gross operatir.g receipts that is returned to the City, there is no dedication of that money back to be used for pro- gramming. If there was some statement that those funds would be dedicated back, it would give more veracity to the statements that have been made. ➢r. N. Koropchak said that �he thing that concerns him is tha� it seems thaL tax money wi11Le used for some of the origination. Schools will want to put on programs, where will this money come from� The Ordinance says that the Company shall charge an amount not to exceed the actual cost of pro- duction - this comes from the school budgets, i.e. the tax payers pockets. He felt there should be some general guidelines in regard to production costs. He said this was, in effect, granting a monopoly like the telephone and this would need strict regu3ation to protect the consumer. The City Attorney said that the Ordinance states that those ra�es are sub�ect to the approval of the City Council. It would be very difficult at this stage before construction starts to put some sort of a figure on the costs. Councilman Breider added that this function would be better handled by the Commission. They will be working with equipment costs and unions, both of which can fluctuate a lot. The Commission should review these rates periodically and establish an "at cost" figure. � Dr. Koropchak said that it seemed strange to him that no one could come up with an actual cost, he was sure that CBS knew exactly how much broadcasting cost per minute. Councilman Breider asked what the cost was for a 30 minute program in St. Cloud. Mr. Goetz said that in St. Cloud the school students are very involved in the cable casting programming and do their own shows as part of their educational process. They make their mistakes, but their audience is al1 local people who understand. This keeps their production costs down. General Television is bound to compliance to the F.C.C. regulations and this means that only actual costs can be charged. This whole question is totally voluntary and each individual and the school system wi11 have to determine if it is desired and whethex it would be more valuable than, Por instance, a video tape. Dr, Koropchak said that the students at St. Cloud do have a good time, but he thought there were only 9- 10 getting anything out of it. He said he wanted good T.V. and if the citizens had taken an interest 25 years ago, we would not have the �unk we now have on T.V. He said he did not think that as good a job was done as could have been done on the Ordinance, and that more time was needed.. Mayor Liebl said that the Council has been trying to serve the community as best they can, and he hoped the people would consider the time and effort that he and the Council have put in on this issue. It might be that some people do not agree, but they have a choice and do not need to subscribe. He said he was not saying the Ordinance was perfect, but they have tried to do the best they could using the recommendaiions of people � who know the business including an expert from the Ford Foundation. Dr. Koropchak said that he has read all the CATV Advisoxry Commrttee has had to say and no where do they say that this is a good ordinance, on]y that if such and such is done, it will make it better. The City Attorney said that he is tired of all the picking at this Ordinance and he would challenge Dr. Koropchak if he has a better Ordinanee from some other part of the country, to please bring rt in. �� p�7.� REGULAR COUNCIL MEETING OF NOVEMBER 6, 1972 PAGE 5 Mr. Ole Bjerkesett said that Dr. Koropchak has had ample opportunity to � make any suggestions, this issue has gone on for a long time. The Committee spent three months after the Council had already spent some nine months. These people that served on the Committee are not a bunch of dummies and they heard everyone that had anything to say. On the basis of what they heard, they made their recommendation. Now at this late date, we hear objections. He thought the Council had acted properly in voting to approve the second reading of the Ordinance, and that should end the matter. Mr. Dick Kemper, 6736 7th Street N.E., said that he was very disturbed - he thought this was a public hearing on the second readzng of the Ordinance, but he finds that it was voted on before anyone had a chance to speak. Mr. Kemper said that he would like to know what regulates the time table for the construction of the studio and system in light of the trouble Bloomington is having. The City Manager replied that Section 23 sets out a very rigid time table for General Television to meet, with penalties for not meeting the time limits, with the ultimate penalty of losing their franchise. ZOA OF OSBORNE ROAD AN➢ WEST OF T.H. The City Engineer showed the location on the screen and said this was a rezoning from M-2 to C-25 with a small portion to be C-2. MOTION by Councilman Breider to adopt Ordinance #523 on second reading, , waive the reading and order publication. Seconded by Councilman Mittel- stadt. Upon a ro11 call vote, Lieb1, Utter, Mittelstadt and Breider voting aye, Mayor Liebl declared the motion carried unanimously. 6887 CENTRAL AVENUE N.E.: (Tabled October 16, 1972 MOTION by Councilman Breider to receive the communication from Father Ed Chmielewski dated November 3, 1972 endorsing the home for rthe handicapped. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. Mayor Liebl read the letter aloud and commented that the action of the Planning Commission was to recommend approval, with one member abstaining. Councilman Utter said that he has been involved in this item since the beginning. This has been on the Planning Commission Agenda four different times, and the last time he did not think any of the people were notified of their meeting and it was passed. He said he has talked to these people in the area and also the petitioner. He said these mentally retarded people are entitled to a home more than anybody but he is an elected official and he must represent his people in the area and they have ob- jected, Thzs was on the Agenda at the last meeting, but he had asked that , it be tabled and since then he has received telephone calls from people who could not make the meeting tonight, so asked him to speak for them. He understood there was a hardship in that the property owner has been paying taxes since 1965 and it has become a terbible burden and she would like to dispose of the property, however, he must represent those people in the immediate area. li 7 REGULAR COUNCIL MEETING OF NOVEMBER 6, 1972 PAGE 6 ' Councilman Breider asked if this proposed building would use the entire parcel. The City Engineer said yes, that was one of the conditions. - The lot is 110'X187' and the house was to have the same setback as the others in the neighborhood, Which is more than 35'. Councilman Breider asked how many bedrooms there would be and Councilman Utter replied 7, including �he caretakers quarters. Councilman Breider said that if this use was discontinued, he would assume the building would likely become a duplex. The City Engineer said yes, there was some discussion on this, and it was felt that it would be easy to convert into a double bungalow. Councilman Utter asked if this use was discontinued, would it have to be rezoned to allow a double bungalow. The City Engineer said that a double bungalow can be allnwed in R-1 with a special use permit the same as this home, Councilman Breider pointed out it would be difficult to disallow that use for a home with 7 bedrooms, should tne question ever come about. Mayor Liebl said that he thought that the two abutting property owners stated they had no objections, now Councilman [7tter says they are ob�ecting. Mr. Ing Siverts, 6850 Siverts Lane, said that Mr. Ed Widzinski, 1320 69th Avenue N.E., lives just 'to the east and he was unable to attend the meeting tonight, but he has had some strenuous objections. He said he did not know about the land owner just to the south of the lot, he is a new owner and does not live in Fridley. Mr. Blaine Edmutndson said that,they had presented a petition to the Planning � Commission showing that of the 8- 9 homes in the area, 6 did not object The property di�ectly to the south was purchased from Mr. 0'Loughlin, who did object, however, the new owner does not object and has signed the petition. He asked if anyone has spoken to Mr. Wid¢inski recently and Mr�. Christopher Aasland, 1330 69th Avenue N.E., replied that he had talked to him yesterday. Mr. Edmundson said that he understood that Mr. Widzinski did not want to come to any more meetings and that he was going to reserve judgment. Dr. Gilbertson has signed the petition and is highly in favor o� the proposa] because he works with this type of people. He said he, and others, feel that this is the place to locate. The Wel�are ➢epartment wants them to live in residential areas like every other normal citizen. They do need transportation to get to work,this lot exceeds the footage requixed, and it is close to their places of work, one being Rise, Inc. in Spring Lake Park, and the other the Day Activities Center in Fridley. Mr. Christopher Aasland, 1330 69th Avenue N.E., said that he lives one lot east of this proposal. The petition does not say that the people are requesting this building, only that they do not object. He said it seemed to him that this is getting very complicated and is just a matter oi whether the Council grants this request to help out one property owner to dispose of her property to erect a business structure in spite of the objections of the neighbors, About a year ago there was a petrtion for a double bungalow, then the only objection came from Mr. 0'Loughlin just to the south and the Council turned the reques't down. If the Council is going to rezone this lot, then in a couple of years, will they turn him down if he asks to � put up an apartment building? He felt this would be setting a precedent. Mayor Liebl said yes, it was turned down a year ago and Mr. 0'Loughlin did object. The Council wanted to see which way this area was going to develop and asked the Planning Commission to study this area The Council did not want to take just one piece and allow a certain kind of developrnent. He �_G� REGULAR COUNCIL MEETING OF NOVEMBER 6, 1972 PAGE 7 explained that this is not a rezoning but a special use permit, which can ' be granted under certain circumstances. He said he understood that the Aaslands are old-timers in Frid]ey and it is Councilman Utter's position that this request should be refused. It seems that there are areas in the City of Fridley where homes for the handicapped could and should be built, and he did not think they should be built where there was a lot of traffic. He urged that they look for a more suitable location, and rthe Council would fully support this proposal. The City Engineer brought forward the petition in favor of the proposal that the Planning Commission had received. Mr. Siverts and Mr. Aasland looked at the signatures and confzrmed that they were their nezghbors. Mr. Harold McClure, Anoka County Welfare Service, said that these people are carefully selected to be placed into a community. They come from the state hospital and many are from Fridley homes. They feel that it is the most humanitarian thing to let the handicapped people that are able, move, work and live in a community in a residential area like everyone else, and that it is up to the Council and the community to accept these � people. Mayor Liebl said that he understood that the people in another community have been opposed to this proposal a1so. He asked if they encountered very much trouble in other areas. Mr. McClure answered that it is only Coon Rapids and Fridley that are starting to open this up. The people are screened very ' carefully for their ability to live in a normal community. Mayor Liebl asked if this would become a burden to the neighborhood. Mr. McClure said no, if someone becomes a nuisance, they are put into an environment which suits them. Councilman Breider asked why they arrived at the number 12 people; why not 3 or 4 if the accent is on normal residential living. Mr. McClure replied that transportation is a big item of consideration. They use a van-type bus to get their people to and from work, along with the public bus system. The other factor is that they have to have a certain size to become economically feasible. Sometimes the number goes to 16 in some places, but then it becomes too much like an institution. Councilman Breider said that basically, he disliked putting a duplex-like structure into a residential area. What happens when Anoka County decides this program is no longer economically feasible� The house would be put up for sale and it would then be used as a duplex, so Fridley would end up with the duplex in a residential area, he said he had opposed this proposition befure and on this basis, he w�uld have to again. Mr. McClure said that the reason for their choice oP this lot is these people's emotional need to live with normal human beings. Councilman Breider said it does not sound like a residential structure, and asked how many homes in Fridley have 7 bedrooms. Mr. McClure pointed out that there are probably houses in Fridley that exceed the floor space of this proposed house. Mr. Leon 61son of Rice Inc., a sheltered workshop in Spring Lake Park, said � that the people that would live in that house would probablp be working at Rise. He said in regard to the question, what if the facility should terminate, he did not see that as too great a liklihood. At Rise they employ 33 and plan F �� � __�� REGULAR COUNCIL MEETING OF NOVEMBER 6, 1972 PAGE 8 � to go up to 60 - 70 people. The people working in the workshop must have a place to live that is handy. Many are living at home wrth their family but in the times to come they otill not be able to because of their parents aging. The people at Rise perform a service to their community in making many fine things and are not to be considered a liability. This particular location they feel is ideal because transportation is a big problem. What they are doing now is picking up people from all over Anoka County. If many of the people lived close to the workshop, it would solve a lot of their problems. The people that object to this proposal, he suspected, had fears in regard to the behavior of these people, and he invited anyone to come up to Rise Inc., to observe. They are well behaved and mannerly. They do automobile reconditioning, packaging for many industries etc. They can do the same things other people can, but it takes them longer. He said he had every reason to believe that if they exhibit good behavior at Rise, they would also exhibit good behavior in their home life, and that he surel-y did not believe that the residents had anything to fear. He added that he had no interest in this proposal, except an interest in his people at the workshop Ms�. Ing Siverts, 6850 Siverts Lane, said that his lot is �ust south and east of the 1ot under discussion. He said he did not want to be put into the posi- tion where it would be said that he feared this thing, he was not saying that this would be a detriment to the neighborhood, he 7ust felt that this is not a good location. At the time the City bought some of his land for a park, he was assured that this area would stay R-1. There would be a lot of � people living on that lot, handicapped or not, there is Medtronic and Onan, plus a vacant lot which could be developed, all adding up to a lot of traffic. He said he would like it to stay R-1. He asked if they would ride a public bus, or if they would provide transportation. Mr, Edmundson replied that sometimes they ride the public system, it depends on where they are going to work. The home has to provide some way for them to get to work. He added as to Mr. Widzinski, the reason he did not come tonight is because his shift was changed and he did not want to take any more time off work. The City Attornc:y said that the Council, in making their motion, should state why they approve or disapprove, for instance, it could be based upon the testimony received by the Planning Commission or that heard tonight. Mr. Edmundson said that the increase in traffic has been brought up, rt is true there is a lot of traffic, but that makes it more undesirable for a single residence. There is also industrial across the street and as a builder, he wouldtave to say that it would be unprofitable to build a home on that corner, especially at the cost of the lot that Mrs Anderson would have to have to come out even. Along with the petition that was turned in, there was a proposed bill that wi11 be brought before the State Legislature next session that wi11 cover discrimination against these people besides the usual race, creed or color. He said indications are good that the bill will pass. Mrs. W. Holte, 1415 76th Avenue N.E., Mrs. Jaycees, said, where are those � objecting that Councilman Otter speaks of, she has only heard 3 mild ob- jections. Councilman Utter said that the man next door was unable to attend the meeting tonight and asked that he speak for him. He did not say specifically what his concern was, but he did say that his wife was home during t.e day and was more concerned than he was He said he thought he .e f ,I ��1 REGULAR COUNCIL MEETING OF NOVEMBER 6, 1972 PAGE 9 was fearful, and had his mind set against this proposal. Mr. Edmundson said that he is divorced and his wife does not live there. Mrs. Holte said that she just did not understand the objection. As to traffic, the peaple living in this area allow their four year olds to play in the street. These people that would be living there would perhaps be at a maturity 1eve1 of 14 years. On Central Avenue there are already motels and double bungalows. The people at Rise Inc. do a fantastic job and do not hurt anyone. She said she had visited St. Peter where they make the nativity sets and their people appear happy and contented. They cannot help being mentally rertarded. Councilman Utter said that as he had said before, these people have as much right to a home as anyone, maybe more. Mayor Liebl added that he was pre- senting the views of those he was elected to represent, and were not neces- sarily his own. Mrs. Icena Schuur, 401 Mississippi Street said 'that she had a daughter working at Rise and she would like to invite anyone to come out there 'to see the fine job they do. She added that she would rather be around 35 of those children than 10 you have in Fridley. Mr. Siverts said that the man who purchased the lot just to the south of this lot from Mr, 0'Loughlin, may want to ehange the character of the lot. Mr. Siverts said he sold that land to Mr. 0'Loughlin because he wanted to build a nice home on it and Mr. Siverts liked the idea. This lot has 69th Avenue and Central Avenue on two sides. He said if this Was followed through, he could show three or four locations that would be better than this one. Mr. Edmundson said that he did not know about this type of facility a year ago. In talking with Mr. Rollefson, of the Mental Retardation Advisory Com- mittee with Anoka County Comprehensive Health Department, the discussion came around to what use this lot could be put to and Mr. Tollefson suggested this facility, because it is so badly needed in Anoka County. If the facility were to be moved one mile to the north or south, they would still meet with the same objections. There is traffic but he felt that this is not the real reasan for the objections. Ha said they have looked at other sites,there was one on Fireside, but this one has the greatest advantage. Mr. Chester Tollefson said that he has been with the Anoka County Association for Retarded Children for years and has been active in establishing programs for the handicapped, The Mrs. Jaycees have done a tremendous job in working with the Association. He said he is asking that this facilirty be approved. It is true there are programs established for the handicapped in schools and Anoka Technical Instrtute, but when they are done, they must go back home or into an institution. This is where they saw the need for the sheltered workshop. He said he was on the Board of Directors at Rise Inc. Once these people become self-dependent, they are no different from you or I, only slower. He told Councilman Utter that the majority of the neighbors are_in �avor of this facility. He too believed this to be a good location, and added that he had asked these people to come up to Rise Inc. to observe, but he did not believe any bothered to come. Councilman Mittelstadt said that he did not see any reason for any fears about this facilrty Yn the City of Fridley, however, they must take into account the neighborhood. He said he would like to ask the City Administration to work with the applicants to find some available R-2 zoning where this facility could be located. � � , � 1 REGULAR COUNCIL MEETING OF NOVEMBER 6, 1972 PAGE 10 Councilman Utter offered the explanation as to why this lot has been such a problem. The Andersons lived on this property until 1965 when the tornado destroyed their home. They then bought a home in another community. Streets, sewer and water have been put in past the lot on 69th, and in the meantime Mr. Anderson died. Mrs. Anderson has �een struggling since then to pay the taxes and special assessments. Over the past 7 years she has invested a considerable amount of money in this lot and in order to come out even, it has to be sold for a higher use than a single family residence. Mrs. Anderson verified this and added that as to the transportation, she 1<new there was a bus that goes by there, because she rode it for 15 years. MOTION by Councilman Breider to deny this reouest because the size of the structure in R-1 zoning is inconsistent with the intent of single family residential land in the Code, Councilman Breider said that he believed that at some future time, if this structure was not found suitable any more for thzs program, then Fridley would end up with a double bungalow on their hands. He said he certainly was not against the handicapped settling in Fridley, and that he has been up to Rise, Inc. and will attest to the comment made before on their very good manners. If they are serious in settling in Fridley, he would concur with the suggestion of Councilman Mittelstadt and suggest they work with the City Manager to locate some available R-2 land. THE MOTION seconded by Councilman Mittelstadt. Opon a voice vote, Mittelstadt, Breider and Utter voting aye, Liebl voting nay, Mayor Liebl declared the motion carried. Mayor Liebl said that he voted nay on this motion because of the Fact that there is industrial property on the west and nort.h, eventually when this pro- perty develops, he believed it will not be as R-1. RECEIVING REPORT FROM CITY ATTORNEY ON GABRELCIK VS. CITY OF FRIDLEY: FRANK'S USEA CAR LOT: (Tabled October 2, 1972) MOTION by Councilman Breider to table this item. Seconded by Councilman Utter. Upon a voice vote, a11 ayes, Mayor Liebl declared the motion carried unanimously. REPORT ON CONVERSION OF 1946 GMC WATER TRUCK INTO OIL DISTRIBUTOR. MOTTON by Councilman Breider to receive the memorandum from the City Engineer dated October 25, 1972 CM #72-34 and concur wrth the Administration that the conversion is not feasible. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. AOTHORIZING THE CITY MANAGER TO SELL TO VILLAGE OF 1z TON WATER TANKER , MOTION by Councilman Sreider to authorize the sale of the tanker truck to Okabena, Minnesota for $750. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. _�_ l � i� ��R REGULAR COUNCIL MEETING OF NOVEMBER 6, 1972 PAGE 11 FIRST READING OF AN ORDINANCE REPEALING CHAPTER 19 "USED CAR UOTS" OF THE � CITY CODE AND ADOPTING A"USED MOTOR VEHICLE" ORDINANCE AS CHAPTER 19• The City Attorney said that he recommended approval of this Ordinance as it is better than the Ordinance Fridley has now and it incorporates the State law. This can then be included in the recodzfication. MOTION by Councilman Breider to approve the Ordinance on first reading and waive the reading. Seconded by Councilman Mittelstadt. Upon a roll call vote, Liebl, Utter, Mittelstadt and Breider voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl asked that copies of this Ordinance be sent to the used car dealers in the City for their comments before the second reading. RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL MEETING OF OCTOBER 26_ 1972: SAME TION OF A REQUEST TO CONSTRUCT A COMMERCIAL GARAGE SPECIALIZING IN AIR. LOCATED ON PART OF OUTLOT 1. NAGEL'S WOODLANDS ADDITION. THE 6889 CHANNEL ROAD N.E., FRIDLEY. MINNE The City Engineer reported that this property is just west of the V.F.W. Hall and will be a Ulock building with brink on the front. The Subcommittee , recommended approval with some stipulations. Mayor Liebl read the stipulations aloud and asked Mr. Swenson if he under- stood & concurred. Mr. Swenson replied yes, he has submitted revised plans which include these changes. Councilman Breider asked what the V.F.W. would use for parking space. Mr. Swenson said that they would park in their parking lot in the back, Councilman Breider asked if that was adequate and the City Engineer said no, however, the City can only require this structure to meet the Ordinance, and it does. Mr. Swenson added that the V.FW. owns land on Central Avenue and they plan on moving. Mayor Liebl asked what was the square footage and Mr. Swenson replied 4200. MOTION by Councilman Breider to concur with the Subcommittee and grant the building permit to Gordon Swenson with their 6 stipulations imposed. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. ST TO CONSTRUCT A RECREATION BUILDING WITH A FARR DEVELOPMENT 429) (VIEWCON): The City Engineer showed the location on the easel and the plans for the recreational building with the comment that he believed the parking requirements ' should be more stringent than the Subcommittee recommended. This building is going to serve a large complex and although the residents could walk, for some it is some distance, and he would anticipate that many would drive. The streets are narrow inthe development, and he would like to see some off-street parking included in the plans. He said he did not anticipate any great problem however, he would work with the developer. � c; . � � REGULAR COUNCIL MEETING OF NOVEMBER 6, 1972 PAGE 12 MOTION by Councilman Utter to concur in the recommendation to approve the plans with special emphasis on Item �3 (Provide additional parking in Phase III plan.) Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the mortion carried unanimously CONSIDERATION OF A REQUEST TO CONSTRUCT A MODEL HOME AND SALES OFFICE ON THE NORTHEAST CORNER OF LOT 4, BLOCK 2, EAST RANCH ESTATES 2ND ADDITION, THE SAME BEING 7740 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 (REQUEST BY CAPP HOMES, 3355 HIAWATHA AVENUE, MINNEAPOLTS, MINNESOTA 55406): Mayor Liebl read the stipulations aloud and asked if Capp Homes concurred. A representative Prom Capp Homes replied yes, tihey have incorporated these sug- gestions into their plans. Councilman Breider noted that the minutes state that they wi11 be hooking up to water and sewer and asked what was required of the model home on the Target property. He said it seemed to him that they were required to submit a bond to cover the removal of the building if necessasry. The City Engineer explained that in that instance they are operating under a temporary permit, it is not a permanent structure and are not hooked up to water and sewer. The Capp Home will be a permanent building with a full base- ment. Councilman Breider asked what would happen to the structure if it was no longer used as a model home. The City Attorney said that it could not be used as a residence, but it could become a 1aw office or a doctor's clinic etc. Councilman Breider asked what it would look like. Mr. Bob Schroer brought a picture forward and said it is thetr "Shenandoah" model they will be using for the model home. It will have a triple garage that will be used for the sales office. The home will be finished inside, but not furnished. MOTIOPI by Councilman Breider to concur in approval of the plans for the model home by Capp Homes with the Subcommittee's stipulations. Seconded by Council- man Mittelstadt. Upon a voice vote,all voting aye, Mayor Lieb1 declared the motion carried unanimously. The City Engineer said that he wanted to make sure they were aware of the high water table in this area when they are thinking o� their basement. A repre- sentative from Capp replied yes, they knew that and have chosen the type of home with this in mind. The basement section wi11 only be about 5� into the ground. CONSIDERATION OF A REQUEST TO CONSTRUCT A 32 UNIT APARTMENT BUILDING WITH 16 GARAGES. TO SE LOCATE➢ ON THE NORTH 264 FEET OF THAT PART OF BLOCK 10. #1Q0 AS THE SAME IS LAID OUT AND CONSTRUCTED, THE SAME BEING 5451 STH STREET N.E.. FRIDLEY. MINNESOTA. 55432 (REOUEST BY STATE LAND & DEVELOP- , The City Engineer said that the Subcommittee has recommended approval of their plans with some stipulations� however, this area requires the vacation of an alley and a roadway to the north, which is in progress now. If the Council wishes to approve the plans, the Administration will hold up the building permit until the vacation process is completed. He asked Mr. Burkholder if he planned on starting this fall. Mr. Paul Burkholder replied yes Mayor Liebl informed � d-f ,(� 1l � °t � REGULAR COUNCIL MEETING OF NOVEMBER 6, 1972 PAGE 13 Mr. Burkholder that the Council must go through the formalities of the public � hearing and two readings of the ordinance. He asked if the zoning was proper and the City Engineer replied yes. The City Attorney asked if he knew if he would encounter any objectzons and Mr. Burkholder said he did not think so, the a11ey runs through the cemetery. The City Attorney said that Mr. Burkholder should understand that if he chooses to start his construction before the vacation is completed he is doing so at his own risk. Mr. Burkholder said he could not do that anyhow because of the title. The City Engineer was asked about the drainage on this parcel of ground and he replied that there would be a pipe going north into the highway ditch. MOTION by Councilman Mittelstadt to approve the concept and authorize the building permrt be issued when the vacation procedure is completed, subject to the Subcommittee's stipulations. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. The City Council noted that the next item is the approval of the plans for the home for the handicapped by Blaine Edmundson, which is noer a dead issue. CONSIDERATION OF A REQUEST TO CONSTRUCT AN ADDITION TO AN EXISTING SUILDING LOCATED ON PARCEL #2710. THE SAME BEING 7585 VIRON ROAD N.E� 2809 WAYZATA BLVD., MINNEAPOLIS, MINNESOTA 55405, FOR STRITE-ANDERSON MANUFACTURING C0.): Mayor Liebl explained that he had reaeived a call from Mr. Blanchard of Strite- ' Anderson who told him that they had received a government contract and were in a very tight time bind, and they must expand their building by about y. The plans were approved by the Subcommittee with some stipulations. He said they employ 175 people now and they would go to 250 employees, and their payroll is $30,000 per week now and it would go to $37,000 per week. This company has created many jobs for the residents of Fridley. He then introduced the Council- men to Mr. Blanchard in the audience. Mr. M,W. Blanchard said that this is the first time he has ever seen a Council meeting in action, the Mayor and Council must go through a lot and have a lot of patience. He added that by comparison, his job will seem easy in=the morning. Mr. Blanchard said that they have met the stipulations of the Sub- committee and came forward and presented the drainage and landscaping plans to the City Engineer. Mayor Liebl said that he understood that Strite-Anderson has made a commitment to the Federal Government. Mr. Blanchard said yes, they have branahed out into many fields since they started, their current contract is for scramblers. This is a device whereby a scrambled message is sent out into the air waves, then it goes through a decoder and the message comes out. This is for national defense, and the government will be furnishing 5 machines and they will provide an additional 9. Their company started out with 30 people and 4 machines and grew to 170 people and 16 machines, now they are expanding again. The City Engineer reported that a foundation permit was issued with a number ' of restraints, because of their time limit. � � �- REGULAR COUNCIL MEETING OF NOVEMBER 6, 1972 PAGE 14 MOTION by Councilman Utter to concur with the recommendation of the Sub- committee and grant the permit for the addition for Strite-Anderson, subjecL- to their plans with the conditions included. Seconded by Councilman Breider. Upon a voice vote,all ayes, Mayor Liebl declared the motion carried unanimously. MOTION By Councilman Sreider to receive the minutes of the Building Standards - Design Control Meeting of October 26, 1972. Seconded by Councilman Mittel- stadt. Upon a voice vote, all ayes, Mayor Lietal declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF DCTOBER 24, 1972 A REQUEST FOR A VARIANCE OF SECTION 45.134, 4A, FRIDLEY CITY CODE, TO RE➢UCE THE FRONT YARD SETSACK Ild M-2 ZONING FROM 35 FEET TO 30 FEET TO ALLOW THE CONSTRUCTION OF AN ADDITIDN TO AN EXISTING BUILDING LOCATED ON LOTS 12 THRU 16, BLOCK 6, ONAWAY ADDITION, THE SAME SEING 51 77TH WAY N.E. FRIDLEY. MINNESOTA, (REOUEST BY COOPER CONSTRUCTION COMPANY, 8437 N. Councilman Breider asked if the City Engineer was familiar with the Ryco Chemical Company, specifically whether there would be any smell and what they would be putting into the sewer system. The City Engineer said that he did not know what their business was, but he did know they would not be putting any chemicals into the sewer system and there would be no odor. Councilman Mittelstadt asked about the vacation oF Gumwood Street. The City Engineer said that his suggestion� since they do need some additional parking, was � pave that a11ey and a portion of Gumwood Street. MOTION by Councilman Breider to approve the variance requested by Cooper Construction Compa'ny for Ryco Chemical Co , subject to their paving the alley and 24' of Gumwood from the a11ey to 77tk Way. Seconded by Councilman Mittel- stadt. Upon a voice vote, all ayes� Mayor Lieb1 declared the motion carried unanimously. A REOUEST FOR A VARIANCE OF SECTION 45.134. 4Z FP.SDLEY CITY CODE, TO IT FOR THE NEW OVERPASS 0`IER AVENUE N.E., PRIDLEY, MINNESOTA. (REQUEST BY MID CONTIN] INCORPORATED, 80 44TH AVENUE N.E., FRIDLEY, MINNESOTA) LOCATED ON PART The City Engineer explained that the railroad acquired property for the abuttment so Mid Continent lost some of their footage. They do not need this variance �ust now, but will for their planned future expansion. The cars would be parked at the bottom of a steep embankmsnt. MOTION by Councilman Mrttelstadt to grant the variance requested by Mid � Continent Engineering Ine. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Mittelstadt to receive the minutes of the Board of Appeals Meeting of October 24, 1972. Seconded by Councilman Ereider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. rA �d _ 9 I REGULAR COUNCIL MEETING OF NOVEMBER 6, 1972 RECESS. PAGE 15 Mayor Liebl declared a recess at 10•30 P.M. The Meeting was reconvened at 10•50 PM. RECEIVING THE MINOTES OF THE PARKS AND RECREATION COMMISSION MEETING OF SEPTEMBER 25, 1972: MOTION by Councilman Mittelstadt to reaeive the minutes of the Parks & Recreation Commission Meeting of September 25, 1972. Seconded by Councilman Utter. Upon a voice vote, a11 ayes, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINOTES OF THE PARKS & RECREATION COMMISSION MEETING OF OCTOBER 16. 1972: MOTION by Councilman Mittelstadt to receive the minutes of the Parks � Recreation Commission Meeting of October 16, 1972. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously, RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 18, 1972: LOT SPLTT REQUEST L.S. #72-09, BY EAST RANCH ESTATES 2ND ADDITION• Lot 4, Block 2, East Ranch Estates Second Addition. The City Engineer showed the locataon on the screen and said 'that this is the property where Capp Homes will be locating. It is just north of Bob's Produce Ranch and is splitting the northeast corner off, they have plans to re-plat the whole thing in the future. MOTION by Councilman Breider to concur with the recommendation of the Planning Commission to approve the lot split requested by East Ranch Estates 2nd Addition. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Lieb1 declared the motion carried unanimously. MOTION by Councilman Mittelstadt to receive the Minutes of the Planning Commission meeting of October 18, 1972. Se¢onded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unani- mously. RECEIVING BIDS FOR WORKMAN'S COMPENSATION INSURANCE: (Bids Opened November 3, 1972 at 1:30 PM) MOTION By Councilman Mittelstadt to receive the bids and direct the Administ- ration to bring the bids back, along with their report for the Council Meeting of November 20, 1972. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Lieb1 declared the motion carried unanimously. DISCUSSION REGARDING CHIES BROTHERS LAND ALTERATIDN PERMIT: The City Attorney reported that all the intormation is contained in the_letter from Attorney G. Marc Whitehead of Popham, Haik, Schnobrich, Kaufinan & Doty, Ltd., the attorneys for the bonding company. They are proposing this agreement between the City of Fridley and the bonding company on a project that goes back � � ' � e� _ � ��r REGULAR COUNCIL MEETING OF NOVEMBER 6, 1972 PAGE 16 � many years and involves their land alteration permit granted in 1965 or 1966. They were originally granted a certain Zength of time to take out fill and bring the land up to grade, and the Council granted several extensions of time. The work has sti11 not been finished, so he has been in contact with the bonding company. Under the terms of the Land Alteration Permit Ordinance, if a pro�ect is not finished, the Council has the right to determine it a public nuisance, order the work completed, then assess the costs back against the property to be collected through the bond. The City should notify the land owner and the fee owner to appear before the Council in two weeks to show cause why the Council should not determine the area to be a public nuisance, then if it is determined to be a nuisance,order the work completed with a lien placed against the property. MOTION by Councilman Utier to concur in the recommendation of the City Attorney. Seconded by Councilman Mittelstadt. Upon a voice vote, a11 ayes,Mayor Liebl declared the motion carried unanimously. RECEIVING REPORT REGARDING PARK/SCHOOL R9NGER PROGRAM FOR WINTER SEASON OF 1972/1973. - A RESOLUTION AUTHORIZING THE CHANGING OF THE )' MOTION by Councilman Mittels�adt to adopt Resolution �126-1972, receive the � memo from the City Manager dated November 1, 1972, and concur in his recom- mendations, being to hire Mr. Chuck Spano as Park/School Ranger for a four month period this winter at a cost of $2316. $720 is to come from the un- expended portion of the Ward 2 Councilman's salary and $1600 to be a transfer from Police overtime. Seconded by Councilman Utter for discussion. Councilman Utter asked if this has been discussed with District #14. The City Nanager said that a report has been sent to them, but Supt. Hansen has said that it will have to be discussed with the School Board, and he has not had a reply as yet. THE VOTE UPON THE MOTION, being a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF ENFORCEMENT OF SECTION N0. SFM501 OF THE STATE BUIL➢ING COD�; The City Engineer said that this has to do with construction requirements for the physically handicapped in the State Code, which are, in their literal interpretation, very strict. The City Attorney added that a strict interpretation of the Code would require any building constructed or remodeled other than a one or two family dwelling Lo comply with al1 the requirements for the handicapped, such as wider doors, ramps, special toilet facilities etc. The Community Development Administrator has discussed wrththe State people the possibilitq oL- getting an amendement � through the Legislature so that the requirements would not apply on the smaller structures, such as tri-plexes or four-plexes. The Code does say that in cases of practical difficulty or unnecessary hardship, the municipality may waive the requirement. He suggested that the Council could adopt a policy that everything less than perhaps 8 units, wouldn't h�ve to cornply. � n �d REGULAR COONCIL MEETING OF NOVEMBER 6, 1972 PAGE 17 Councilman Breider pointed out that when the Wall Corporation came before the Council, thay were asked to provide one building to accommodate the handi- capped. He asked if the State Code would mean that every building would have to be that way. The City Attorney said yes� but it seems ridiculous to him to require 100% of the buildings built to con�orm to this requirements, while only about 3% of the population has some form of physical handicap. MOTrON by Councilman Mittelstadt to receive the memorandum from Darrel Clark dated October 16, 1972 and request that the Administration bring back a policy for the Council to adopt, with the suggested cut-off being up to 8 units. Seconded by Councilman Utter, Upon a voice vot e, all ayes, Mayor Liebl declared the motion carried unanimously. RECEIVING PETITION r�18-1972 - TO INSTALL CURBING ON THE WEST SIDE OF BEECH AND ALLEY BETWEEN 78TH & 79TH AVENOE N.E.: MOTION by Councilman Breider to receive Petrtion #18-1972. Seconded by Council- man Mittelstadt, Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. The City Engineer informed the Council that this request has already been added to the list of proposed improvements, and will be heard at the improvement hearing on November 13, 1972, CONSIDEF.ATION OF RESOLUTION AUTHORIZING MULTI-EMPLOYER APPRGACH WITH REGARD TO POLICE AND FIREMEN BARGAINING FOR THE 1973 CONTRACT YEAR AND FUTURE YEARS: MOTION by Counailman Breider to table this resolution to the Meetirig of November 13, 1972. Seconded by Councilman Mittelstadt. Opon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RESOLUTION #127-1972 - A RESOLUTION CONFIRMING ENTERING INTO AN AGI2EEMENT WITH OF & lu'li ij�fC�711�:1_Ilte]:} 7, :�N7 MOTION by Councilman Mittelstadt to adopt Resolution #127-1972• Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carrie d unanimously. RESOLUTION �128-1972 - AUTHORIZING THE INVESTMENT OF SPECIAL MONIES BY THE FRIDLEY VOLUNTEER FIREMEN'S RELIEF ASSOCIATION: MOTION by Councilman Mittelstadt to adopt Resolution #128-1972. Seconded by Councilman Utter. Upon a voice vote, al1 ayes� Mayor Liebl declared the motion carried unanimously. RECEIVING CITY GARAGE LAND COST SHEET: MOTION by Councilman Mittelstadt to receive �the City Garage land cost sheet. Seconded by Councilman Utter. [Jpon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. � � � , "�75 REGULAR COUNCIL MEETING OF NOVEMBER 6, 1972 PAGE 18 � RECEIVING REPORT ON METRO COUNCIL ACTION OF OCTOBER 12, 1972, AND CONSIDERATION OF REQUEST FOR COOPERATION TO JOINTLY PROCEED WITH LEGAL ACTION AGAINST TA� METROPDLITAN COUNCIL BY THE ADVERSELY AFFECTED MUNICIPALiTIES- Mayor L1.eb1 saLd that FrLdley is Ln two differen.t districts, roughly divLded by Mississippi Street. One district wi11 break evea and the other wi11 have to pay some $130,000. He asked what the cost would be to enter the lawsuit. Councilman Sreider said that he would prefer not to take any action on this question tonight He said that he would like to ask the Finance Director to prepare a cost analysis comparing the first method with the SAC method proposed, When Tony Gnerre was before the Council he was proposing one method of paying for the reserve capacity which would be a direct cost on the users The SAC method would push the r�serve capacity costs onto future users He said he really did not know the answer, but he dLd know that people on fixed incomes are complaining of the sewer bi11 they must pay now, and that maybe it would be better that future users would pay in the future. He questioned if we waat the people now paying to pay for future users� He said he was not sure how this would affect Fridley's efforts to draw industry into the City in the future, but it did not seem xt would make any difference, if everyone was in the same boat MOTION by Councilman breider to table this item to the meetLng of November 2Dth Seconded by CounciLman Mittelstadt, Upon a voice vote, a11 ayes, Mayor LieUl declared the motion carried unanimously, � Mayor Liebl said that it would then have cost Totino's $75,000. Councilman Breider said that may be Yrue, but it would be true in all citLes He did not thLnk it was right to ask the citizens to pay that $75,000 either The Finance Director said that he would work out the costs of the present system comparing it to the proposed SAC system. RESOLUTION d�129-1972 - AUTHORIZING AND DIRECTING THE 5 MENTS ON LOTS 1, 2, & 3, SLOCK 3, AND OUTLOT 1 AND OUT AND REPLATTING INTO BRIARDALE ADDITION MOTION by Councilman $reider to adopt Resolution �k129-1972 Seconded by Council- man Mittelstadt Upon a voice vote, a11 ayes, Mayor Liebl declared the motion carried unanimously. PLITTING OF SPECIAL 67 MOTION by Councilman p,reider to adopt Resolution �'k130-1972. Seconded by Council- man Mittelstadt. Upon a voice vote, a11 ayes, Mayor Lieb1 declared the motion carried unanlmously. RESOLUTION ��131-1972 - AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON LQTS 16, 17, 18, 19, 20, 29 & 30, BLOCK 13 HYDE PARK ADDITION �INCLUDING WEST z OF VACATED ALLEY) ' MOTION by Councilman Breider to adopt Resolution ��131-1972. Seconded by Council- man Mittelstadt. ❑pon a voLCe vote, a11 ayes, Mayor Lieb1 declared the motion carried unanimously 1_'� h REGULAR COUNCIL MEGTING OF NOVEMBER 6, 1972 CONSIDERATION OF RESOZUTION RELEASING CERTAIN TAX FORFEIT LOTS ENTIRELY, REQUESTING EASEMENTS ON CERTAIN TAX FORFEIT LOTS TO THE CITY OF FRIDLEY AND REQUESTING A DEED TO THE CITY OF FFIDLEY ON ONE TAX FORFEIT LOT: PAGE 19 MOTION by Counc�.lman greider to table this resolution. Seconded by Councilman Mittelstadt Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously CONSIDERATION OF REQUESTS FOR STREET LIGHTS• TED ZAWISLAK, 400 RICE CREEK TERRACE, ROGER STEIN, 870 PANDORA DRIVE; AND MR. HAGEN, 5178 MATTERHORN DRIVE: Councllman Breider noted that the City Engineer is asking for Council ditection on the second street light, He added that the Pandora area, he thought, is the darkest part of town The City Engineer said that there is only so much money and this light does not fit Lnto the policy as there are other higher priority 1Lghts needed, however, the Council can order the light if they feel it is necessary. MOTION by Councilman Breider to order a11 three lights noted above. Seconded by Councilman MitteLstadt Upon a voice vote, all ayes, Mayor Lieb1 declared the motion carried unanLmously The City Engineer noted that the third 1Lght, i.e., the one in Innsbruck South, wi11 6e on an existing poLe and the feeling has always been in Innsbruck South that they did not want any above-ground wiring and property owner will provide own lighting on their yards for lighting. With that in mind, there may be some complaints if the overhead light is installed. He said he had no ob�ection to having the light installed, he was only pointing out that the Councilmen may receive some calls FESOLUTION ik132-1972 - OPPQSING PURCHASE AND EXTENSION OF NEW BRIGHTON'S TRUNK SEWER BY METROPOLITAN SEWER BOARD MOTION by Councilman Mittelstadt to adopt Resolution �'k132-L972. Seconded 6y Councilman Utter Upon a voice vote, a11 ayes, Mayor Lieb1 declared the motion carried unanimously. _ __ _ CLAIMS MOTION by Councilman Mittelstadt to authorize payment of General Claims d�29445 through �R30129 and Liquor Claims �k7145 through �k7202 Seconded by Councilman Breider Upon a voice vote, a11 ayes, Mayor Liebl declared the motion carried unanimously. LICENSES� GAS SERVICES D & D Heating Inc. 375 - 83rd Avenue N.E. Spring Lake Park, Minnesota by• Donald 0'Connar ,Toe Tatro plumbing & Heating Box 515 Watertown, Minnesota by• Joe Tatro APPROVED BY Bill Sandin Bill Sandin �� 1 � � � � REGULAR C011NCIL MEETIA7G OF NOVEMBER 6, 1972 LICENSES (CONTINUED) GENERAL CONTRACTOR N E. Woodley Construction Co Route_jkl, Box_ 129 Chaska, Minnesota HEATING D & D Heating Inc. 375 - 83rd Avenue N. E Spring Lake park, Minnesota MASONRY Gilbert Constructxon Co , Inc 1202 Jackson Street St. Paul, Minnesota A1bin Katzner Cement Co. 11137 Arrowhead Street N. W. Coon Rapids, Minnesota By Norman Woodley PAGE 20 APPROVED BY Clarence Belisle By: Donald 0'Connor Bi11 Sandin By: Richard Gilbert Clarence Belisle By AlbLn Katzner Clarence Belisle MOTTON by Councilman Mittelstadt to approve the licenses as submltted, Seconded by CounciLman Utter Upon a voice vote, a11 ayes, Mayor Lieb1 declared the moticn carrLed unanimously. ESTIMATES: Patch, Erickson, Madson & Hanson, Inc. Axchitects and Planners 2801 Wayzata Boulevard Minneapolis, Minnesota 55405 PARTIAL Estimate dated October 24, 1972 Fridley Liquor Store LOGIS (Local Government Information Systems Assoc ) 300 Metro Square Building St. Pau1r Minnesota 55101 Estimate dated September 14, 1972 Statement of 1972 Class 2 charges Ehlers and Associates, Inc. Financial Consultants First NaCional-Soo Line Concourse 507 Marquette Avenue Minneapolis, Minnesota 55402 Estimate dated October 17, 1972 Sexvices in the authorization, sale and issuance of $2,135,OOD Special Assessment Fund Bonds $ 3,742.20 $10,000.00 $ 8,337.50 r r `� !r ;i �� � REGULAR COUNCIL MEETING OF NOVEMBER 6, 1972 ESTIMATES (CONTINUED) Howard, LeFevere, Lefler, Hamilton and Pearson 2200 First National Bank Building Mznneapolis, Minnesota 55402 Estimate dated October 20, 1972 Lega1 services including preparation of proceedings and approving opinion of $2,135,000 Special Assessment Fund Bond of 1972 Layne Minnesota Company 3147 California Street N. E Minneapolis, Minnesota 55418 FINAL ESTIMATE No 3 for construction of Water Improvement Pro�ect No. 108 Nodland Associates, Inc Alexandria, Minnesota 56308 PARTIAL Estimate No. 8 for construction of Sanitary Sewer, Storm Sewer and Waterma2n Improvement Pro�ect No. 102 PAGE 21 $ 1,350.00 $ 2,858 51 $26,014.86 MOTION by Councilman Breider to approve payment of theestimates as submitted Seconded by Councilman Mittelstadt Upon a voice vote, a11 ayes, Mayor Liebl declared the motion carried. COMMUNICATIONS DONALD H. BRATT� REQUEST FOR PERMISSION NOT TO HOOK UP TO SEWER AND WATER MOTION by Councilman Breider to receive the communxcation from Donald H. Bratt, 6701 Overton Drive N. E., dated October 16, 1972, concerning Lot 3, Reglstered Land Survey �ik3. Seconded by Councilman Utter Upon a voice vote, all ayes, Mayor Liebl declared the motion carried Councilman Utter said that the reason for the request was that they felt that the cost was prohibitive, but accordLng to the pro�ection, it did not seem too out of line. The City Engineer said that actually the whole question becomes moot as the Metropolrtan Sewer Board has adopted the requirement that there wi11 be no more wells and cesspools by the end of 1973 and then the municipalities will not have the power to waive that requirement. A well system and cesspool would probably cost about the same as the sewer and water line would, the only trouble is that the other property owners would ob�ect to its being run now. This man wants to develop, but the other property owners do not. The City Attarney said that as soon as the Metro,politan Sewer Board has �uris- diction the water and sewer 1Lne would have to be run anyhow, so it would be a needless expense for him to go ahead wzth a well and cesspool now. He may as we11 do the �ob right. � � 1 REGULAR COUNCIL MEETING OF NOVEMBER 6, 1972 PAGE 22 � CHAMBER OF COMMERCE: PLANS IN SUPPORT OF A MUNICZPAL GOLF COURSE. MOTION by Councilman Mirttelstadt to receive the communication from the Fridley Chamber of Commerce dated October 24, 1972 Seconded by Councilman Utter. Upon a voice vote a11 ayes, Mayor Liebl declared the motion carried unanimously. CHAMBER OF COMMERCE. REQUEST TO RESERVE COURT ROOM AND COMMUNITY ROOM NOVEMBER 16, 1972: MOTZON bq Councilman Mittelstadt to receive Lhe communication daLed October 24, 1972 and grant the reservation of the Court Room and Communirty P.00m on November 16, 1972. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. PUBLIC EXAMiNERS OFFICE. REPORT ON VOLONTEER rIREtsEN'S RELIEF ASSOCIATION; MOTiON by Councilman Mittelstadt to receive the report from the Public Er,aminers Office concerning the Fridley Volunteer Firemen�s Relief Associa�ion dated November 3, 1972. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. MR. � MRS. WARREN PALM. 6421 EAST RIVER 1:QAD. TAKING OF TREES AND LAND, � M01ION by Councilman Mittelstadt �o receive the communication from NIr. & Mrs. Warren Pa1m dated October 30, 1972 stating they do not feel Anoka County oftered them a fair price for their trees and land, Seconded by Councilman Utter. Opon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. The City Manager said he would bring this matter up when he meets with Commissioner Al Kordiak. RESIGNATION OF SOHN IVERS - FRIDLEY HUMAN RELATIONS COMMITTEE: MOTION by Councilman Mittelstadt to receave the resignation of Mr. John lvers from the Human Relations Committee dated October 24, 1972 and request that a Certificate of Appreciation be prepared. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Lieb1 declared the motion carried unanimously. ADJOURNMENT; MOTIOSd by Councilman SQittelstadt to adjourn the Meeting. Seconded by Council- man Utter. Upon a voice vote, all ayes, Mayor Llebl declared the Regular Council Meeting of November 6, 1972 adjourned at 11 35 P.M. Respectfully submitted, 1 � ����-' � o�� f� �' � Juel A. Mercer Frank G. Liebl Secretary to the City Council Mayor