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01/08/1973 - 00016923� � � THE MINUTES OF THE REGULAR COUNCIL MEETING OF JANOARY S, 1973 The Regular Council Meeting of the Fridley City Council was called to order at 7:35 p.m., January 8, 1973, by Mayor Liebl. PLEDGE OF ALLEGIANCE. Mayor Liebl led the Council and the audience in saying the Pledge of Allegiance to the Flag. INVOCATION: The in�ocation was o£fered by Councilman Mittelstadt ROLL CALL; MEMBERS PRESENT Breider, Starwalt, Liebl, and Mittelstadt. MEMBERS ABSENT none. APPROVAL OF MINUTES. APPROVAL OF THE MINUTSS OF THC REGULAR CDUNCIL N]EETING, DECEMBER 4, 1972 MOTION by Councilman Breider to adopt the minutes of the Regular Council yeeting of December 4, 1972, as presented Seconded by Councilman Mittelstadt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. APPR�VAL OF THE MINUTES �F THE PUBLIC HEARING NIEETI�G OF DECEMSER 11, 1972. Mayor Liebl made a correction on page 7, paragraph four, change the word 'and' to 'had'. DtOTION by Councilman Mittelstadt to adopt the minutes Hearing Meeting o£ December 11, 1972, as corrected. Councilman Utter. Upon a voice vote, all voting aye, declared the motion carried unanimously. ADOPTION OF AGENDA: of thc Public S�conded by Mayor Liebl Mayor Liebl stated there was an item under new business to be added, Letter from Ed Wilmes regarding the maintenance of the Islands of Peace. MOTION by Councilman Mittelstadt to include the letter from Ed Wilmes as Item number 23 of the agenda. Seconded by Councilman Utter Upon a voice vote, all voting aye, b9ayor Liebl declared the motion carried unanimously VISITORS: MRS. JDYCE STORLA, 7548 Alden Way, N. H, Fridley: Mrs. Storla asked the Council for permission to have a meeting defined as a peace gathering at Eisenhower Square on January 20, 1973, at 9'30 a.m. to 11:30 a.m. She said a£ter the gathering at Eisenhotver Square the group will be transported to the State Capital to continue 0 REGULAR COUNCIL MEETING JANUARY 8, 1973 Page 2 their meeting. Councilman Breider asked if she had any idea of the number of people that would be gathering at Eisenhower 5quare. Mrs. Storla said the actrvity was to be �dvertised by several area churches, and they hoped to also advertise in the Fridley Sun. She added, it depends on the citizens o£ Pridley and their willingness to participate. Councilman Breider asked if there would be any marthing. Mrs. Storla answered, no MOTION by Councilman Breider to authorize the use of Eisenhower Square by any citizens of Pridley who desire on January 20, 1973, 9'30 a.m. to 11.3D a.m for a peace gathering Seconded by Councilman Utter. Upon a roll call vote Councilman Starwalt voted aye, Mayor Liebl voted nay, Councilman Utter voted aye, Councilman Mittelstadt voted nay, and Councilman Breider voted aye. Mayor Liebl declared the motion carxied. MF2. GARL PAULSON. 430 N. E. 57TH PLACE, FRIDLEY: Nir. Paulson questioned the Council on the feasibility of any discussion between the City Manager and Council prior to the operang of the Council meetings be public, allowing the public to ascertain the topics o£ the meetings Mr Paulson suggested the Council give this proposal same thought as he thought it would be in the best interest to the citizens of Fridley. There was no discussion. PUBLIC HEARINGS. None OLD BUSIN�SS: ORDINANCE #526 - VACATION, SAV N72- THAT PART OF i����r TO VACATE ALL IT'S ADDITION IN SECTION 15, GITY OF Councilman Mittelstadt said there had been no ob�ection to the vacation at either the Public Hearing on the first reading of the Ordinance by the property owners in the area. MOTION by Councilman Mitte?stadt to adopt Ordinance #526 on the second reading, v�aiving the reading and order publication. Seconded by Councilman Breider. Upon a roll call vote, Councilman Mittelstadt, Councilman Breider, Councilman Starwalt, Mayor Liebl, and Councilman Utter voting aye. Mayor Liebl declared the motion carried unanimously. ORDINANCE #527 - PROHIBITING THE POSSESSION OR SALE OF CL-'RTAIN DRUGS AND RELATHD PARAPHEI2NALIA AND PROVIDING PENALTIES THEREOF: Councilman Mittelstadt asked if it were possible to vote on all the related ordinances concerning drugs at one time. Mayor Liebl stated he thought each item should be voted on separately. MOTION by Councilman �9ittelstadt to adopt Ordinance #527 on the second reading, waive the reading and order publication. Seconded by Councilman Utter Upon a roll call vote, Councilman Utter, Councilman Mittelstadt, Councilman Breider, Councilman Starwalt, and Mayor Liebl voting aye, Mayar Liebl declared the motion carried unanimously. , � , � REGULAR COUNCIL MEETING JANUARY 8, 1973 PAGE 3 � ORDINANCE #528 - PROHIEITING THE POSSESSION OR SALL OF CERTAIN BARBITURATES AND PROVIDING PENALTIES THERSFDRE: MOTION by Councilman Mittelstadt to adopt Ordinance �1528 on the second reading, waive the reading and order publication Secondeci by Councilman Breider. Upon a roll call vote, Councilman Utter, Councilman Mittelstadt, Councilman Breider, Councilman Starwalt, and Mayor Liebl voting aye. Mayor Liebl declared the mation carried unanimously. Mayor Liebl asked the City Attorney, Virgil Ilerrick, to explain the action of the City Council to the public. Mr. Herrick said items number two through five on the agenda concerning the possession, use and sale of drugs were requested by the Police Department He added, they have been adopted by other communities in Anoka County. The adoption would enable £irst offenders to be charged with a misdemeanor rather than a felony It would allow the County Attorney and the municipalrties more flexibility on offenses and uni£ormity throughout the County. ORDINANCE #529 - REGULATING THE PURC[-]ASE, SALE OR POSSESSION DF GLUE AND RELATHD SUBSTANCES AND PROVIDING PENALTI�S TIIEREFORE. MOTION by Councilman Mittelstadt to adopt Ordinance �r529 on the second � reading, waive the reading and order publication. Seconded by Councilman Breider. Upon a roll call vote, Councilman Starwalt, Mayor Liebl, Councilman Utter, Councilman Mittelstadt, and Councilman Breider voting aye. Mayor Liebl declared the motion carried unanimously ORDINANCE #530 - REGULATING THE PURCHAS�, SALE OR POSSESSION OF CODLINL AND PROVIDING PENALTIES THEREFORH: b10TI0N by Councilman Breider to adopt Ordinance �530, waiving the reading and ordering publication. Seconded by Councilman Utter. Upon a roll call vote, Councilman Breider, Councilman Starwalt, Mayor Liebl, Couneilman Utter, and Councilman Mittelstadt voting aye. Mayor Liebl declared the motion carried unanimously RESOLUTION #�1-1973 - APPROVING AND AUTHORIZING THE SIGNING OF AN AGREGMLNT AND RECENING A REPORT ON SALARIES OF SUPERVISORY POSITIONS 7N THE POLICE DEPARTMENT: Mayor Liebl called on the City Manager to give his recommendations. Mr. Davis said the City and the Union representing the Patrolmen and � Dispatchers in the Police Department had been engaged in negotiations for the past few months. He said the contract furnashed to the members of the City Council and Mayor a week ago represented the results o£ those negotiations As the contract was quite lengthy, he said he would note some of the significant changes. The new contract basically specifies an employer authority clause which has not been included in previous contracts. There is also a recommended grievance procedure and definitions in the new contract. �i REGULAR COUNCIL �IHETING, JAN[JARY 8, 1973. PAGE 4 He lzsted the basic monetary changes as follows: a police officer's top � pay £or a patrolman with at least 3i years experience will go from $975 per month to $1017 per month, representing a 4 3o increase; a dispatchers increase is somewhat less due to the £act that they have been receiving above average wages compared to other communities in the Twin Cities area, their increase is 2% He said the contract allowed the phasing out of ;ongevity pay £or any new employees hired a£ter Suly 1, 1972, and this benefit is being replaced by educational incentive pay. The City will pay for educational credits at the rate of $.40 per quarter credit beginning with the ninetyfirst credit earned up to a maximum of $36.D0 per month. Under the longevity program a patrolman could receive as much as $75.D0 per month. The educational incentive program is cost- saving to the City, he said, and will encourage our people to continue their schooling. He called their attention to page 6-0 of the agenda, 1973 salary recommendations £or police sergeants and police lieutenant. He said the sergeants' range went from $1,D35 in 1972 to $1,092 in 1973, an increase of S.So, and the lieutenant's are Ueing raised from $1,092 to $1,152, again an increase of S.So. He said this increase is greater than the others in the department, but he explained, Fridley has traditionally lagged beliind other suburban communities in the amount of wages for supervisory personnel. He added, this does not bring their wages in line, but is as much as is allowed at this time with salary restrictions o£ the pay board. NIr. Davis said he had signed the contract, and the Union representative, Mr. Joseph Prifrel had also signed the contract. He said he recommended � it £or radification. Councilman Mittelstadt said he had been in contact with as many of the members of the Police Department as possible concerning this issue. He said in his opinion the Department at large is in agreement with the contract. MOTION by Councilman Mittelstadt to adopt Resolution #1-1973, authorize the Mayor and City Dlanager to exe�ute the contract for 1973, and also, to approve the recommendations for Police Sergeants and Police Lieutenant for 1973 Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl said he wished to thank Mr. Brunsell, members of the negotiating committee and the Union, as this year they had arrived at an�early settiement. STATEMENT BY COUNCILMAN MITTELSTADT: Councilman Mitteistadt asked if he might be allowed some time to make a personal statement before the next item on the agenda, which was the administration o£ oath of office to elected o£ficials. Mayor Liebl said if there no ob�e�tions, he would grant the request. Councilman Mitteltadt's remarks are as follows: "The past year as Councilman of the Third Ward has indeed been the ' highlight of my li£e and I do not relish the idea o£ a premature £orced retirement. God knows, I did want to continue my work as a Councilman, My comments are not going to include Walt Starwalt because he has only been a member of this Council £or the last seven weeks. I do wish �}� REGULAR COIINCIL MEETING, JANUARY 8, 1973 PAG� S � him luck in the next year. However, the comments I make are concerning two Council�;.en, Councilman Utter and Councilman Breider, who I have thanked privately for their support on many issues that I have confronted them. After, I think, a very shaky start at the beginning of the year, and after this Council was reduced to a four member Council I£elt that this Council had a distinct advantage over past Councils in that it was a real team e£fort. I£elt that this Council had a sen>e of responsibilrty as a team to its people. It is a matter of public record that 980 of the issues that faced this Council were unanimously adopted by this team and I want to publicly thank both o£ `_hese Councilmen, they have been a real help to me. No one Council member can do the �ob without the support o£ his peers on the Council It want to thank the City Manager, Mr. Jeruy Davis, who is one of the outstanding Managers in the State of Minnesota He and his staff certainly made the transition between the Council resolutions and those procedures implemented by the City Administration one of ease. And our City At:torney, Virgil Herrick, who has guided this Council in its counseling on many of our ma7or issues. Also, brlefly, I want to thank the voluntaer members of the Planning Commission and all o£ its subcommittees, all o£ the other commissions and committees that report to the Council. I know what it is like ln this involvement as a volunteer. I spent the last seven years on various committees and commissions. These people give up their time and private lives to help this Council and help their Czty, and � I thank them for their unselfish involvement I think the City is blessed with an outstanding leader in the Mayor, Frank Liebl, who has shown a great deal o£ integrity and given this Council a great deal of integrity during the past year and he has established himsel£ as one of the best Mayors in the State of Minnesota. Looking on the bright side at some of the achievements £or the year, I think, was one of the outstanding years in terms if Council achievement, the Council became extremely sensitive to communicate w�th its people and it ordered quarterly reports which I think were great documents, and also the Community Calendar which most o£ us received during the Ghristmas holidays, and I understand will be totally received within the next week or two. After a long period of time and ef£ort in 1972, the City was blessed with a 51.7% tax base £or business and industry. Quite an achievement. It also received an A rating £or municipal bonds. itiith a concerted ef£ort to attack the problems o£ the sanitaxy storm and red water problems, which is an ongoing problem, which I think will be success- fully con�luded It was a successful closure of a serious administrati;re problem within the Police Department It was a successful conslusion to the Cable Television controversy. And other ma�or changes occurred; we established the Islands of Peace pro�ect, the underpass and so forth. It was quite a year. Quite a year of achievement, and I am proud to have served on this Council. � On the dark side, this was one of the first ma�or efforts by outside power groups, outside interest groups, a few dissident elements within the City, to control the City, a representative government to control it by referendum, took away the constitutional right of the people to have a representative government and I think that this is the first of its kind I noticed the State Legislature the past few years, the vast ma�orrty r'� R�GULAR COUNCIL MH�TING, JANUARY 8, 1973 PAG� 6 of their bills are controlling munzcipal government. It also concerns the Metro Council, as I think, the interference by certain organization and certain groups spells out an alert to the lacal citizenry that as Americans we should watch out and take heed that our constitutional rights will be preserved in the future. Not many understood that one of the groups that interferred in local government and local proceedings was the Sun Newspaper, Inc. No one really understood and remembered one of the initial three bidders on the Cable Television franchise was the Sun Newspapex. So, when they did not receive the franchise, they became quite involved in local affairs. Character assassination o£ me is one of the par�'lcular examples and an over abundance of publicity to those opponents to Cable Television. 'That's enough for me I wish Bill Nee a lot o£ luck. Some of the statements he made during his campaign, how he � going to correct the problems o£ the Third Ward, I hope that within the next three years he can do l00 of what he has promised. It seems to me th�t this particular person does not intend to be a team member because he has publicly stated he would not do so and he has also stated to some of his supporters that his mind is already made up on the North Park issue so he refuses to listen to any other inputs and I don't think thzs is particularly representative government. Half o£ the voters of the Third Ward that did vote on November 7th, thought that I should represent them on this Council. 1 am sorry that I will not of£icially be able to represent them, I am in a disavantaged positionr however, I feel that if they would but care to call me and talk to me, I'll do what I can for them I'll take this short period of rest and I will be back on this Council. Thank you very much " Councilman MitteSstadt stepped down and took a place in the audience. ADMINISTRATION OF OATH DF OFFICE TO �LECTED OFFICIALS TIMOTHY F BREIDER COUNCILMAN WARD I WALLACE R. STARIVALT COUNGILMAN WARD II WILLIAM J. NEE COUNCILMAN WARD III The City Financial Director, Marvin Brunsell, came £orward and administered the oath of o£fice to Timothy F. Breider, Ward I. The Certificate of Election was signed and issued. Mr Brunsell than administered the oath of office to Wallace R. Starwalt, Ward II. The Certificate of Electaon was signed and issued. The Financial Director administered the oath of of£ice to William J Nee, N�ard III, the certificate of Election was signed and issued. Mayor Liebl said he would like to make a few comments if the Council so concurred. He addressed the honorable memebers of the Council, sta£f and people of Fridley saying he was beginning his second year as Mayor of Fridley and the Chairman of the Council. Everyone has 7ust witnessed the i� s'ka�iation C� � � , REGULAR COUNCIL MEETING, JANUARY S, 1973 PAGE 7 � of the incumbent and the newly elected Council. He thanked the members o£ the 1972 Council for the help they had given him as chairman, making hls 7ob an easier one. He said he thought the two new members of the Council would find it a challenge to work with the Council £or the benefit of the citizens of Fri3ley. Mayor Liebl said he found it regrettable that the news media tried to sow the seed of dissent bettveen himsel£ and one of the newly elected Councilmen He added, the Council is not a£orum £or £euds, but there to serve the people of Fridley for the best interest o£ the total communzty He stated, if some people think they can ignore this, they will find themselves sadly mistaken in the long run. He said the Counczl already has a dif$ cult task to solve the local problems as they arise and also to plan and continue to build a community with pride, He said he was looking £orward to this new Council giving its best in talent and sound �udgement to provide good and frugal government for the people of Fridley. There will be times of disagreement, he added, among intelligent and good meaning people, but he encouraged the other members t�, work together and find a way to come to reasonable compromises when the well-being of the community is involved. He said he would listen very attentively to every member of the Council and cooperate posztively. He addressed the Council and said since their decisions affect the lives and pocket books of all the citizens of Fri�ley, he asked them earnestly to � constructively work for a better and more prosperous Fridley. He thanked the members of the Council £or their cooperation and called on the City Manager to address the Council. Mr. Gerald Davis, City Manager,said on behalf of the staff and the employees o£ the City of Fridley, he would like to welcome the new Councilmen. He pledged his services and the services of his staff to give their best advice, best work and best research to provide the Council with any aid possible. He said this was whether it be there at the Council Table at meetings, or if individual problems came up presented by their constituents. I-Ie said they could call him at any time to work out problems that occur He cited the fact that with 125 employees, a certain amount of problems come up with all the functions that are the responsibility of the City Employees. He continued saying they are honestly trying to correct any problems that arise. He again pledged the best possible service in 1973. Mayor Liebl thanked Mr Davis and said there had been a good relationship between h�land the Gouncil since he had jained the City He added, he was sure Councilman Breider and Councilman Utter would verify this A9ayor Liebl said Mr. Davis had demonstrated his ability since he had 7oined the City and stressed the need to work £or the common good of the people of Fridley. Mayor Liebl thanked the people for the chance to say a few words, adding actions speak louder than words, and he would prove his words through actlon. � The Mayor said the next item on the agenda was tne presentation of the plaque to the retiring Councilman of the Third Ward He called on outgoing Councilman Mittelstadt. He addressed Mr. Mittelstadt saying, in his 7udgement as the Mayor of Fridley and also man to man, Mr. Mittelstadt had served the people of Fridley to the best of his ability. He added, he did not belleve Mr. Mittelstadt should be resent£ul Uecause the people of the Third Ward had elected a dif£erent man to represent them. yayor Liebl said Fy3 if REGULAR COUNCIL MEETING, JANUARY 8, 1973 PAGE 8 he too had once lost an election an so did the man who was replacing Mr. Mrttelstadt. He adde;�, this was one of the deals in li£e, and we must face the people every three years to have credentials re-established He said this is how a democracy works. Mayor Liebl said in his opinion, Mr. Mittelstadt had done an honest and £orthright service to the citizens of Fridley and it gave him a great deal of pleasure to present him with the plaque of appreciation for his dedication. He read the plaque to A7r. Mittelstadt Donald R. Mrttelstadt Councilman, Ward 3 Planning Commission Board of Appeals 1971 - 1972 1968 - 1970 1967 - 1970 Industrial Development Commission 1966 - In Grateful Appreciation of Your Dedication Md Outstanding Ef£ort While Serving Your Community With Leadership, Vision, and Ability Citizens of Fridley, Minnesota January 8, 1973 Mayor Liebl said as Mayor he wished Mr. Mitte3stadt and his family luck and said may God bless him on his future undertakings. INTRODUCTION OF N�W CITY EMPLOYEES BY CITY MANAGER RICHARD N. SOBIECH, ASSISSTANT ENGINEER HLRBERT R ZIMMEFL�IAN, POLICE PATROLMAN: The City Manager said it gave him a great deal o£ pleasure to introduce Mr Richard Sobiech, Assistant Engineer, who had �oined the staff that day. I-Ie said Mr Sobiech had come from the St. Paul Water Department, had received degrees in both Agricultural and Civil Engineering, had been a member of the staff of the City of St. Paul Water Department for the past three years and had served in the Navy. The City Manager said it is a difficult task to recruit Engineers and he £elt the City was very fortunate to have such a fine man on the staff. The second new member of the staf£, Mr. Davis said, will be an asset to the entire City of Fridley. He introduced Herbert R. Zimmerman, III, and said Mr. Zimmerman has been a member of the Military Police for three years, had attended Concordia College for two years and came to the City �I u � � � � tr , REGULAR COUNCIL MEETING, JANUARY 8, 1973 PAGE 9 of Fridley fxom the Coca-Cola Bottling Company IIe added, Mr Zimmerman is single, age 25, strong and a£ine addition to the Police Department Mayor Liebl addressed the new sta£f inembers and tvelcomed them to Fridley. NEW BUSINESS: RESOLUTION #2-1973 - DESIGNATING TIME AND NUMB�R OF REGULAR COUNCIL MEETINGS• MOTION by Councilman Breider to set the Regulax Council Meetings for the first and third Monday of each month at 7:30 p.m and the Public Hearing Meetings £or the second Monday of each month at 7 30 p.m. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #3-1973 - DESIGNATING A LLGAL NHWSPAPER AND RECEIVING COMMCINICATION FROM FRIDLEY SUN: h10TI0N by Councilman Breider to receive the communication from the Pridley Sun. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously MOTION by Councilman Breider to designate the Fridley Sun as legal newspaper for the City o£ Fridley for *he year 1973, and adopt Resolution �r3-1973. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #4-1973 - DESIGNATING AUTHORIZED SIGNATURES FOR THE CI'fY OF FRIDLEY BANK DEPOSIT MOTION by Councilman Breider to approve authorization o£ signatures for the City of Fridley bank deposit as Marvi_n Brunsell, City Pinance Director, and Gerald Davis, City Manager, and adopt Resolution #�4-1972. Seconded by Councilman Utter. ilpon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. WNSIDERATION OF A RESOLUTION DESIGNATING DIRECTOR AND ALTERNATIVE DIRECTOR ON SUBURBAN RATE AUTHORITY: MOTION by Councilman Breider to table this resolution until the remainder of the resolution is received. Seconded 6y Councilman Utter. Upon a voice vote, all voting aye, Mayor Lieb1 declared the motion carried unanimously. � � •�9 BE THE LIZED ON I-IIS LOTS Mayor Liebl called on the City Engineer asking if there were any problems involved in the request. The City Engineer said according to a memorandum from the Finance ➢irector, there are no problems. He said � in order to obtain some up to date figures, the matter was presented to the Finance Department. The �inance Director said he had arrived at �1,325 as an estimated amount per lot He added, he felt this was an adaquate amount to meet the cost of the street improvements at this time. � ��r REGULAR COUNCIL MEETING, JANCiARY 8, 1973 PAGE 10 Mayor Liebl asked what would be done if the assessments were higher than the estimated amount at the time the work is done? Mr, Brunsell stated the actual work is usually lower thap the estimate presented, but in the case that the actual work is more than this, they will assess the amount of cost. MOTION by Councilman Starwalt to approve the request to equalize the street assessments in the Briardale plat as recommen� by the Finance Lirector in his memorandum to the City Manager and as presented and requested by Rlchard Miller. Seconded hy Councilman Utter Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. THE MINUTES OF THE PLANNING COMMISSION MEETING OF DEGEMBER 20 AND RECEIVING PETITION # 24-1972 REQUESTING VACATION OF ALLEY IN BLOCK 11 PROPOSED PRELIb]INARY PLAT, P S#72-03, OSBORNE PLAZA, BY STANDARD OIL COMPANY: GENERALLY LOCATED AT 7609 UNIVERSITY AVENUE: The City Engineer pointed out the area on a map by using the overhead pro�ector, and recommended the Council set a Public Hearing as recommended by the Planning Commission. MOTION by Councilman Breider to set a Public Hearing for February 12, 1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. REQUEST FOR REZONING, ZOA #i72-11, BY UNION OIL COMPANY: 5695 AVENUE - TO REZONE FROM C-1S (LOCAL SHOPPING) TO C-2 (GENERAL Mayor Liebl Called on the City Engineer to give his views on this item. The City Engineer said the Council should set up a Public IIearing on both items, 2$ 3, on some future date in February or March. Mayor Liebl addressed Second Ward Councilman Starwalt, saying this Public Hearing would involve a very important intersection. The Mayor asked the City Attorney if the City had obtained the land necessary for this action. The City Attorney said the State had deeded the unused right of way to the County and the County had in turn deeded the land to the City. He added, it was his understanding after reading the correspondence £rom the City Engineering Department that they have been discussing the possibility with the Union Oil Company of exchanging this property in back of their property behind the station for a loop back He said, in the last couple of weeks the Crty had received the deed £rom Anoka County granting us the access £or the right of way area. Mayor Liebl asked if the two points in question were 1) The City would like to have the traffic flow rearranged and 2) the construction of a store. The City Engineer said the problem was one of rezoning the existing gas station. Union Oil wishes to remove the existing building and build a modern building. The code requires all new gas stations to have special use nermits. The second item before the � � i �� REGULAR COUNCIL ME�TING, JANUARY 8, 1973 PAGC 11 Council is the property south of the stat�an, Union Oil ls requesting � approval to sell this land with the intended use being the construction of a superette He added, this property is properly zoned for this type of building at present and they can build this at any time. The basic request ls £or rezoning the property the gas station is located on nOw. Mayor Liebl asked zf they could grant or deny either of the requests aY the present time or would it require two Public Ilearings The City Engineer said if the plan for the superette meets all the requirements of the code a permit would be issued. The request is to rezone the property where the gas station is,in order to allow Union Oil to plan a modern gas station Councilman Starwalt said he had been in contact with many of thc principals in the area involved, but there were many he had not been able to contact. He said it is a complex problem znvolving zoning, traffic and assessment considerations The Crty Engineer recommended a Public Hearing be set in March, allowing time to discuss the proYalem with Ward Councilman Starwalt, and arrive at a solution to the serious traf£ic problem ahead of time. He said there are going to be 2,OD0 to 3,000 people zn the new Innsbruck North area and this problem should be resolved before it gets too seriaus. He added they had been working with the Highway Department � and also Anoka County, and the plans have been approved on a concept basis. He said he believed March was the best time for a Public Hearing, as this would allow the Councilman of the Ward more time to become aware of the situation. He suggested March 12, 1973, as the date for the Publzc Hearing. Councilman Nee asked why the Planning Commsssion had recommended denial of this rezoning, did they have a better plan in mind? The City Engineer said the members of the Planning Commission did not fully understand what was being proposed. He pointed out the various accesses to the area on the overhead pro�ector, stating there are over 3,000 people involved in the traffic problem. He said they had been working with the gas station for about two years trying to resolve the various problems, and they had not done a good �ob in informing the mem6ers of the Planning Commission on what was planned. He added, not all the people are going to agree with the plan, but a Public Hearing on March 12, 1973, would allow all the people concerned to air the whole problem. Councilman Nee again, asked if there was a better plan. The City Engineer said a possible access was the use o£ Polk Street and this considered when development is approved. Councilman Utter said he had read the minutes of the Commission and the Commission had recommended denial o£ the special use permit The City Engineer said it had been � recommended, but the final action must come from the Council £or approval or denial. He said the Council must grant a Public Hearing, after that they can either approve or deny the plan. Mr Hubbard, Real Estate Agent for the Union O11 Company, said the Company had been in business for fi£teen years at that location and without any action on the part of the Company, the zoning requirement had been changed and the station is now non-conforming. He added, the Company had been working with the City Engineers' o£fice for two years to solve the problem. �s i� REGUL�R COUNCIL MEETING, JANUARY 8, 1973 PAGE 12 The City Engineer pointed out on a large map on the easel how the four roads �oin to form this dif£icult intersection. He stressed that this problem had to be controlled be£ore it became serious. Mr. Ilubbard said they would be willzng to drop the request £or a superette and rebuild the service station only. He added, with the exchange of easements the new road tiaould be on their existing property MOTION by Councilman Starwalt to set a Public Hearing for March 12, 1973, to discuss special use permit, rezoning, tra£fic and improvements o£ the area Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously REQUEST FOR A SPECIAL USE PERMIT, SP #72-19, BY FRANK GABRELC�K: TO CONTINllE THE EXISTING USE AS A USED CAR LOT ANll CONDUCT AN INSI REPAIR GARAGE SHOP TO BE LOCATED ON LOTS 6 THROUGH 10, BLOCK 28, L �[ij�G�:�1141�UZL'� The City Engzneer said this item was pending before the Planning Commission R�ZONING REQUHST, ZOA #72-13, BY CITY OF FRIDLEY: PART OF OUTLOT H, GENERALLY LOCAT�D ON THE NORTH SIDE OF I#694 AND 800 FEHT 4VEST OF TIIE L-AST CITY LIMTTS TO BE REZONED FROM R-3A (APARTMENT AND NNLTIPLE ninrr,rrrnrrci Tn r_�c rr�niFnnr cunnnrnrr_ rtncnc�. AND UEST FOR A SPECIAL USE P�I2N]IT, SP #72-20, BY CITY OF FRIDLEY• PERMIT INSTALLATION OF AN ADVERTISING SIGN IN AN C-2S DISTRIC BE LOCATED ON OUTLOT H, INNSBRUCK NORTH, GENERALLY LDCATED On TH SIDE OF I�r694 AND 800 FEET WEST OF THE EAST CITY LIMITS. MOTION by Councilman Starwalt to set a Public Hearing for February 12, 1973, to hear arguments for and against the rezonzng and special use permit. Seconded by Councilman Breider. Councilman Nee stated the Planning Commission had specifically recommended denial of this request. Mayor Liebl explained the purpose of this plan is to construct a sign similar to the sign on East River Road in Fridley IIe added, there are no ob�ections by the property owners in the area, and this process is one required by the State Statutes. Mayor Liebl said it would only involve 20 to 40 feet of property. He added, Viewcon also wants this sign. Councilman Nee said he had no ob7ections to a Public Hearing. IIPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. VACATION RHQUEST SAV #�72-07, NORTHWESTERN BELL TELEPHONE COMPANY VACAT� ALL THAT PART OF TI-I� NORTH/SOUTH ALLEY IN BLOCK 11, HYDE PA MOTION by Councilman Starwalt to set the Public Hearing for February 12, 1973. Seconded by Councilman Iitter. IIpon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. �1 � � �I � � REGULAR COUNCIL MEETING, JANOARY 8, 1973 PAGE 13 RECHIVING PETITION #24-1972 REQUESTING VACATION OF ALL�Y IN BLOCK 11, HYDE PARK. MOTION by Councilman Breider to receive the petition. Sec.�nded by Councilman Utter. Upon a voice vote all voting aye, Mayor Lzebl declared the motion carried unanimously The City Engineer stated the only other rtem in the minutes would Ue the mention o£ the Comprehensiee Plan meetings of the Planning Commission. He said the tapes and slides would be received at a January 10, 1973, meeting and the Public Hearino meeting o£ the Planning Commission on the Comprehensive Plan would be on January 17, 1973 He added, any member of the Council or audience who wished to attend these meetings were welcome. A90TION hy Councilman Breider to receive the minutes of the Planning �ommission Meeting of ➢ecember 2D, 1972. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor LieUl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BUILDING STANDARDS DESIGN CONTROL MEETING OF DECEMBER 28, 1972; S� �P<�77I:�7�i11J�.`�lY MINNESOTA. (REQUEST BY D. W. ,#65 N. E. FRTDLEY, MINNESOTA. TOANH INC., 7101 HIGHWAY The City Engineer said the addition would be similar to the existing building on Highway #65. Mayor Liebl said he had received a few calls £rom persons who are concerned if his plan included beauti$ cation of the area, such as was d¢ne by Medtronics. The City Engineer said he had talked with Mr. Dick Johnson and he was sure that this problem would be worked out to the satisfaction of the property owners MOTION by Councilman Starwalt to concur with the Building Standards Design Control Subcommittee and their stipulations. Seconc'.ed by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF A REQUEST TO CONSTRUCT A PANCAKE HOUSE LOCATED ON THE SOUTH 204 FEET OF THE EAST 2D0 FEET OF LDT 3, BLOCK 2, HAST RANCH F.STATES SFCOND A�DITION. THE SAME BEING 7730 iSNIVERSITY AVENUE E , FRIDLEY. MINNESOTA 55432. T ST PAUL. MINNESOTA The City Engineer said the plan was to build a pancake housc �ust north of Bob's Produce. He said the Subcommittee hacl recommended approval and he thought the building would be a nresentable one. Councilman Breider asked which of the views on the plan on the easel 1;; 1� REGULAR COUNCIL �fEETING, JANUARY 8, 1973 PAGE 14 was the front of the building, and would it be £ace brick? � A4ayor Liebl asked if there was an artistos drawing or photo £or the members of the Council to see? There was not. He expressed concern at whether the exterior was to be of adequate materials. Councilman Utter asked if the aluminum siding would be adequate. Wayne Simoneau, 456 N. II 57th Place, Fridley, said the aluminum siding was not used over a large expanse ar�d was being broken up by windows and doors. He said in his opinion, it would look £ine He added, as long as the plans are up to the Minnesota code, there is not much that can be done to improve them aside £rom talking with the developer and coming to some agreement. Mayor Liebl asked if there were any other buildings in the area of similar construction. Mr. Simoneau said they have a Pancake House on Normandale and I#494 that is exactly like the proposed structure. Councilman Breider said both sides which will be faced with aluminwn siding will be screened. Councilman Utter asked if there are plans £or walkways on both the north and south sides of the building MOTION by Councilman Breider to concur with the Building Standards Design Control Subcommittee and their stipulations. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Utter to receive the minutes of the Building , Standards and Design Control meeting of December 28, 1972. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #,5-1973 - ESTABLISHING ADMINISTRATIVE PROCEDURES FOR COLLECTING SERVIC� AVAILABILITY CHARGES. Mayor Liebl called on the City Manager to explain the administrative procedures. Mr. Davis called the attention o£ the Council to the law suit against the Metropolitan Sewer Board and the Metropolitan Covncil by Pridley and 14 other cummututzes ob�ecting to tlie Servzce Availability Charge. IIe added, the City does not know how the law suit wi11 turn out, but he sazd the City must collect the charges without remitting them to the Metropolitan Sewer Board until the suit is settled. Councilman Nee asked z£ the money not needed will be refunded. The City Engineer stated it would. MOTION by Councilman 6reider to adopt the Resolution #5-1973; administrative procedures for collecting service availability charges as Metro Council defined Seconded by Councilman Utter Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #6-1973 - ORDERING IMPROVEM�NTS, APPROVAL OF PLANS POR BIDS: The City Engineer explained that water improvement pro�ect #109A was for the purpose of painting the Fridley Commons Park Water Plant, #109B for the purpose o£ repair and painting of the i millzon gallon elevated tank in Fridley Commons, #110 for the purpose of cleaning and repair o£ the li million gallon reservior, and #111 £or the repairs and improvements o£ VVells #3, ,#9, and #11. He added, all these matters are routine , � � � REGULAR COUNCIL MEETING, JANUARY 8, 1973 repairs and maintenance and will update the existing facilities. PAGE 15 Councilman Utter asked if there were any provisions planned for security so young people do not spray paint the facilities. The City Engineer said they have planned to install an electronic sensary device to deter them. MOTION by Councilman Breider to adopt Resolution #6-1973. Seconde u'by Councilman Utter. Upon a voice vote all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #7-1973 - ORDERING IMPRUVEMENTS, APPROVAL OP PLANS AND ORD�RING ADVERTISEMENT FOR BIDS: WATER IMPROVEMENT PROJECT 11109 B: MOTION by Councilman Breidex to adopt Resolution #7-1973. Seconded by Councilman Utter, llpon a voice vote, all vot�ng aye, Mayor LieUl declared the motion carried unanimously RESOLIITION #8-1973 - ORDERING IMPROVEMENTS, APPROVAL OP PLANS AND ORDERING ADVERTISEMENT FOR BIDS: WATER IMPROVEMENT PRaJECT #110 MOTION by Councilman Breider to adopt Resolution #8-1973. Secon$ed by Councilman Utter. Upon a voice vote all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #9-1973 - ORDERING IMPROVEMENTS, APPROVFlL OP PLFlNS AND ORDERIN� ADVERTISEMENT FOR SIDS: 4VATER IN]PROVENIENT PROJHCT �lll MOTION by Councilman Breider to adopt Resolution It9-1973 S�conded by Councilman Utter. Upon a voice vote all voting aye, Mayor Liebl declared the motion carried unanimously. ACC ELDON SCHMEDEKE, PLANNING COMMISSION, PLATS MOTION by Councilman Breider to accept upon completion of the meetings on the Councilman Utter. Upon a voice vote, the motion carried unanimously. CLAIMS' GENERAL LIQUOR 30585 - 30800 7324 - 7396 ly the resignation of Eldon Schmedeke Comprehensive Plan. Seconded by all voting aye, Mayor Licbl declared MOTION by Councilman Utter to pay the claims, general and liquor. Seconded by Councilman Breider. Upon a voice vote, Councilman 13reider voted aye, Councilman Starwalt voted aye, Mayor Liebl voted aye, Councilman Utter voted aye, Councilman Nee voted nay. Mayor Liebl declared the motion carried � � 1 �� REGllLAR COUNCIL ME�TING, JANUARY 8, 1973 LICENSES� GENERAL CONTRACTOR W. H. Cates Construction Co 322D Xenium Lane Mimieapolis, Minnesota Hipp Constructian Co 6355 Liiac Drive North Mimieapolis, Minnesota MOVING Dale Movers Inc. 7816 Central Avenue N. E Minneapolis, Minnesota :iIGN ERECTORS Brede incorporated 2211 Broadway N. �. Minneapolis, Minnesota Lawrence Signs, inc, 945 Pierce Butler Route St. Paul, Minnesota Leroy Signs, Inc. 6325 Welcome Avenue North Minneapolis, Minnesota Sy Wallace H Cates By: Richard E. Hipp PAGE 16 APPROVED BY C. Belisle C. Belisle By: Mary Ann Peterson C. Belisle By. James Bratland C. Belisle By , Geo. Lawrence By: LeRoy Reiter C. Belisle C. Belisle Midway Sign Ca., Inc. 444 North Prior Avenue St. Paul, Minnesota By� Arthur Kruse C. Belisle Naegele Outdoor Adv. Co 17Q0 West 78th Street Richfield, �finnesota By H, Barthlome C. Belisle National Advertising Co. 6850 South Harlem Avenue Argo, Illinois By. D. W. Torgerson C. Belisle Nordquist Sign Company, Inc. 312 West Lake Street Minneapolis, Minnesota By: Richard Nordquist C. Belisle Schubert Outdoor Adv Co. 2508 East 25th Street Minneapolis, Minnesota By: Lawrence Schubert C. Belisle MOTION by Councilman Nee to approve the licenses. Seconded by Councilman Utter. Upon a voice vote all voting aye, blayor Liebl declared the motion carried unanimously. � � � 1..� L.� A �' REGULAR COUNCIL MEETING, .7ANUARY 8, 1973 ESTIMATES: Lee Electric Company 3775 Highway #52 Robbinsdale, Minnesota 55422 PARTIAL Estimate #1 - Fridley Off Sale Liquor Store electrical Dated 12/26/72 Comstock $ Davis, Inc. Consulting Engineers 1446 County Road "J" Minneapolis, Nlinnesota 55432 1. Burlington Northern Storm Sewer I3esign, Review Joint Storm sewer No. 12 - Columbia Heights, MHD, Fridley $ 1,595.76 2. Sullivan Lake Lawsuit, Columbia Heights F, Fradley 3 Investigation T. H. #f47 - Culvert Tnstallation between 83rd Avenue and 85th Avenue iV. E. � � PAGE 17 D11 1 106.08 72.93 $ 1,774 77 MOTION by Councilman Nee to approtie the payment of the estimates Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. LETTER FROM ED WILMES. DATHD JANUARY S. 1973 - REOU�.STING THB CITY OF FRIDLEY Mayor Liebl read the letter to the Council and the audience. MOTIDN 6y Councilman IItter to receive the letter Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl asked the Council if they could give Mr I+Jilmes some kind o£ assurance they would maintain the property if the Ford Foundation was to grant the $200,253 to the Islands of Peace Pro�ect. Councilman Nee asked if the Parks and Recreation Director, Paul Brown, would feel this is a reasonable request. Mayor Liebl assured him that Mr. Brown would do everything possible to help in this pro7ect. The City Attorney asked if Mr. Wilmes has submitted a speci£ic plan to the ' Ford Foundation. He added, the City reserves the right to approve what gees on City property. The Gity Manager stated there are sketches of the overall plan, but they are not too definite. He said all plans must be reviewed by the Planning Commission and the Council. Councilman Nee asked how the Council could be sure they are agreeing to maintain something that is maintainable. The City Manager answered, the City must first approve the plan. ,� t, REGULflR COUNCIL MEETING, JANOARY 8, 1973 PAGE 18 Councilman Starwalt stated there were many points to consider, iNould � the City provide upkeep on the buildings, security of the graunds, keep up thc boats, and do the cleaning He added, perhaps the Council should spell out a plan to maintain the buildings and grounds. Councilman Breider added, there are legal problems in maintaining the boating operation. The City Attorney stated the City is znsured to cover any liability in the City Park. He said, the �'ark is for the citizens of Fridley as it is a City Park. b70TI0N Uy Councilman Nee to approve the City's maintenance of the area if it is used for these purposes. Seconded by Councilman Utter. IIpon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl directed the City Manager to write a letter to Mr Wilmes informing him of the decision of the Council and its stzpulations. Reorganization Meeting: Mayor Liebl asked what time would be convenient £or the entire Council to meet for a reorganization meeting. Councilman Nee asked if this could be included in the next regular Council meeting. Mayor Liebl said it may be possible if there is not too much on the agenda. He said in his opinion, this should be an in£ormal meeting and he felt it was important to select a man who is knowledgeable in his field who can_make the � scheduled meetings. He said in the last few years the committee did a fine �ob with 90o approval o£ the recommendations. He stated it takes two to three years £or a man to get to know the �ob, it would 6e better i£ the Council could appoint someone with experience in ihe field and in the community. Councilman Breider said 1n his opinzon, as these were volunteer positzons, they should be hashed out in a private session, but it could be dona either way. Mayor Liebl agreed, the decisions should be made privately. He added, the Council would not serve the best interest of the City if this were done publicly, He stressed, the Council does not have anything to hide. The Mayor said they would like to try to balance the representation on the committees ward-wise, but this was not always possible. He added, he �stould like to see a unanimous recommendation vote at the public meeting. Councilman Breider again stressed his opinion that an executive session would serve the best interest, but felt that Mr. Paulson's earlier remarks had some merit because of the distrust of the Council. He said the meeting oefore the Council meeting does not involve any decisions prior to the meeting, but there is still some mistrust on the part o£ the public. Councilman Nee expressed surpxise at the use o£ the language of trying to find a'man` who can serve. He added there are many women with time and expertise to serve and the Council passes them by. He said he thought the Council sl�ould consider appointing more women to the , commissions and coimnittees. A9ayor Lzebl sai3 i£ there are women interested in appointments to the committees, the Council would give them every consideration. Councilman Nee bxought to thezr attention that women could serve on the Police Commission. He used as an example, Ms. Parker, Attorney, prosecutor for Hennepin County, stating she is toagh-minded and smart. REGULAR COUNCIL MEETING, JANUARY 8„ 1973 PAGE 19 � Councilman Brelder suggested the Council remain at the Council table after the meeting is ad�ourned and discuss the appointments informally ADJOURNMENT: MOTION by Councalman Starwalt to ad�ourn the meeting. Seconded by Councilman Utter. Upon_a voice vote, all voting aye, Mayor Liebl declared the Regular Council Meeting of January 8, 1973, adjourned at 10:00 p.m. Respect£ully Submitted ��� �� Patricia Ellis Council Secretary � � °� r �