Loading...
03/05/1973 - 00016760THE MINUTES OF THE REGULAR COUNCIL MEETING OP MARCH 5, 1973 � The Regular Council Meeting of the Fridley City Co�incil was called to order at 7:43 p•m., March 5, by Mayox Liebl. � � PLEDGE OF ALLEGIANCE: Mayor Liebl led the Council and the audience in saying the Pledge oF Allegiance to the Flag. INVOCATION: The invocation was offered by the City Manager, Gerald R. Davis. ROLL CALL: MEMBERS PRESENT: Nee, Sxeider, Starwalt, Liebl, IItter. MEMBERS AB5ENT: None. PRESENTATION OF AWARD: YOUTH ACHIEVEMENT AWARD: CHARLES F_ WELF, EAGLE SCOUT Mayor Liebl called Char].es F. Welf, 113 Gibraltar Road forward to receive the award. Mayor Liebl xead the award aloud. YOUTH Z�CHIEVEMENT AWARD CITY OF FRIDLEY Awarded to Charles F. Welf The award cited Mr. Welf for achieving the Eagle Scout Award,the highest rank in the Boy Scouts of Ameriaa and also the Pro deo et Patria Award, the highest religious honor in Scouting. Mayor Liebl and the members of the Council. congratixlated Mr. Welf and Mr. Welf thanked the Council. 1 ; �! „r f �,� � REGOLAR COUNCIL MEETING OF MARCH 5� 1973 APPROVAL OF MINUTES: REGULAR COUNCIL MEETING OF FESRUARY 5, 1973: PAGE 2 MOTION by Councilman Breider to adopt the minutes of the Regular Council Neeting of February 5, 1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ADOPTION OF AGENDA: The City Manager said he had distributed a memorandum to the Mayor and members of the Council to be discussed under the item on the agenda concerning the appointment of Police Officers, MOTION by Councilman Nee to adopt the agenda. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl decla�ed the motion carried unanimously. VISSTORS: H. GATES, 6701 2n$ STREET Pi. E.: Mr. Gates addressed the Council requesting the school bus stop on 67th and 2nd be changed to several laundred feet down the block to in front of the park. He said the bus is currently stopping in front of his home and the children contanually run around his property and he is unaule to keep a lawn. He said some of his neighbors ere having the same problem. He said he thought it would be just as convenient for the bus to stop in front of the park. Mr. Gates said he had talked with members of the School Board and he had also called the bus company. He said he had not received any results as the bus would have to r.ravel one block out of the way. Mayor Liebl said he would ask the Ward Councilman to look into the matter. He said there was a policy dete,rmining the location of the school bus stops in School District #14. He told Mr. Gates that he would get an answer. 120 & 124 RIVERS EDGE WAY: Mayor Liebl said he would like to bring a matter to the Council's attention. He said the property owners at 120 Rivers Edge Way, C. Mikulak, and 124 Rivers Edge, G. E. Kairies, which is in the Third Ward, and north of Stevenson School, have ten feet of snow that has been piled up £rom plowing the school parking lot, ad�acent to their lots. He said the Warmer temperatures are causing the snow to melt and flood the back yards. Mayor Liebl directed the City Manager to advise the proper department to take care of the problem. 6134 WOODY LANE: Mayor Liebl mentioned the property at 6134 Woody Lane belonging to Mr. and Mrs. Richard Wilske. He said he believed the Telephone Company should install the duct lines and take care of the problem on the north side as it had been done on the south side. He said it would be a golden opportunity to take care of the woxk in one operation. � � � Y� i REGULAR COUNCIL MEETING OF 1�1ARCH 5, 1973 PAGE 3 � COMMENDING CITY MANAGER, CITY ENGINEER AND PUBLIC WORKS DEPARTMENT� Mayor i.iebl commended the City Manager, the Crty Engineer and the Public Works Department for their assistance in solving the storm sewer problem the previous Saturday on 37th Avenue and East River Road. Mayor Liebl said he was very pleased with the effectivei�ess, wrthin an hour the entire axea was c.lean, and the water was running perfectly. He said a great deal of the appreciation is due the men who were doing the �o�. He said 4e called the City Manager on that Saturday and he was at the location within fifteen minutes. He added, that is the kind of dedication the City appreciates. Mayor Liebl directed the Administration to write a letter to the Public Works Department commending them for their prompt and knowlegeable action. OLD BUSINESS: ORDINANCE �533 - VACATION REQUEST SAV #72-07, NORTHWESTERN BELL TELEPHONE COMPANY, TO VACATE PORSION OF NORTH/SOUTH ALLEY IN BLDCK 11, HYDE PARK ADDITION: MOTION by Councilman Nee to waive the reading and adopt Ordinance #533. Seconded by Councilman Starwalt. Upon a roll call vote, �reider, Starwalt, Liebl, Utter and Nee voting aye, Mayor Liebl declared the motion carried � unanimously and ordered publication of Ordinance #533. CONSIDERATION OF APPOINTMENT OF ROBERT BARNETSE, 541 RICE CREEK BOULEVARD TO AD HOC NORTH PARK COMMITTEE (REQUESTED BY MAYOR LIEBL): Mayor Liebl said he had personally recommended Mr. Barnette because he had done an outstanding �ob as weed inspector and his background would enhance the knowledge of the ad hoc North Park Committee. MOTION by Councilman Utter to add the name of Robert Barnette to the ad hoc North Park Committee. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motxon carriecl unanimously. Mayor Liebl said the City Manager should notify Mr. Barnette of the upcoming Commrttee meeting on the 8th of March. FIRST RF.ADING OF AN ORDINANCE ANIENDING SECTION 3.05 RELATING TO THE USE OF SICK LEAVE FOR CITY EMPLOYEES: Mayor Liebl called on the City Manager to explain the content and implementation of the proposed ordinance. The City Manager said the City oP Fridley employees currently receive twelve sick days per year. He added, the purpose o£ the ordinanae would be to allow the employees to use two of the now alloted sick days to be used in case � of serious illness of their child or spouse and to be used for the care of saa.d spouse or child. He said it has been the practice of the employees to take days for the care o£ their children or spouse, he added, this is not a good situation if the days are not allowecl. He said the two days would be deducted from their sick leave. . �� � REGOLAR COUNCIL NIEETI1vG OF MARCH 5, 1973 PAGE 4 MOTION by Councilman Breider to waive the reading and adopt the first reading of the ordinance, for the use of sick leave for City Employees. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl said this is no exception �o what is done in private enterprise, and he added, it would make the operation a smoother running one. FTRST READING OF AN ORDINANCE AMENDING SECTION 3.08 RELATING TO THE USE OF FUNERIIL LEAVE FOR CITY EMPLOYEES. Mayor Liebl called on the City Manager to give a short summary and reason for the proposed ordinance. The City Manager said the ordinance was to clarify the number of days to be used for funeral leave. He said the ordinance previously said a reasonable amount of time should be granted to the emple�yee £ox funeral leave. He said the language change would say three days with aclditional time grantecl by the City Manager if necessary. He said the employee may use the three days in case of death of spouse, child (natural or adopted),parent, grandparent, brother and sister. This ordinance also added the mother-in-law and father-in-law. MOTION by Councilman Breider to waive the reading ancl adopt the first reading of the ordinance. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion aarried unanimously. Mayor Liebl said this ordinance is keeping up with the benefits offexed to employees of private enterprise. REPORT FROM ED WILMES IN REFERENCE TO U. S. NAVY SEABEES AND LETTERHEAD BROCHURE FOR "ISLANDS OF PEACE": Mayor Liebl called on Mr Ed Wilmes, 6350 River View Terrace, to address the CounciL Mr. Wilmes said there had been some concern expressed about the Navy Seabees. He said he would like to assure the Council and the citizens of Fridley that there would not be any development work done on the Islands of Peace Pro�ect without the okay of the City of Fridley. He said the Seabees will not come in and cut down the trees. He added,the Seabees are a construction battalion that have expressed interest in helping with thls pro7ect for the handicapped. Mr. Wilmes said every plan that is worked on by the U. S. Ivavy Seabees must be Pirst authorized by the local municipality. He said he thought the City should be grateful to the 5eabees for volunteering to help. He asked if there were any questions. Mayor Liebl said he did not have any questions. He said before Mr. Wilmes would do anything, he would let the CounCil know, so they are aware of what is going on. Mr. Wilmes said there would be a meeting of the Islands of Peace Committee the following evening, March 6, 1973. He assured the Council that they would be notified before a shovel is put into the ground. Mayor Liebl said it was the aoncern of the Councilman o£ the Third Ward that there may be some construction started before the plans � � � � `� 4 REGULAR COUNCIL MEETING OF MARCH 5, 1973 PAGE 5 � were approved. Mayor Liebl said he had received a copy of the proposed brochure and letterhead for the Islands of Peace Committee and pro7ect. He listed some of the features of the proposed material such as the list of the members of the Advisory Board, piatures o.f vi5rting dignitaries on the Islands of Peace and the picture of a handicapped child. Mr. Wilmes sald he had met with Mr. Stanton of the Fridley High School and he had agreed the High achool students would do the printing• Mayor Liebl urged all the members of the Council to attend the upcoming meeting. He asked if there were any questions from the Council members. MOTION by Councilman Srezder to receiVe the communications from Mr. Wilmes and the I5lands of Peace Commrttee and concur with Mr. Wilmes' comments. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF A REQUEST FOR BUILDING A HOUSE IN FLOOD PRONE AREA WITH WATER-PROOFING APSD O^iHER SAFETY MEASURES: ROSERT DEGARDNER, 8125 RIVERVIEW TERRACE: The City Engineer referred to page 6-B of the agenda and said t.e drawing represented the height of the house if it were built one foot ahove the � 100 year flood level. He said it would be nine feet above the ad7oining houses. He explained that the City had not yet adopted the flood plain zoning• He said the house aould be wa�er-proofed and valves could be installed to valve off sewer and water connec�ions. FIe said the latter suggestion would £it the house into the area better than bullding rt high above the other homes. Mayor Liebl asked if Mr. DeGardner was present at the meeting. The City Engineer said he had talked with Mr. DeGardner and he had indicated to hun that he would be able to live with any condi�ians that the Council could propose. The City Engineer said the Council would have two alternatives; one, to build the home above the 100 year flood elevation; and two, �o allow him to build it as planned and stipulate the home should be flood-prooEed and a valve system installed to valve off the ��wer and water. Counczlman Nee said he would prefer the second alteYnative. He said the construction o£ one high house would aonflict with the area. Mayor Liebl asked if the City Engineer had a photo £or the Council to view. The City Engineer showed the photo to the Council and they discussed rt at the Council Table. Mayor Liebl said he did not belleve the Council should create a problem and allow future damage to this house. MOTION by Councilman Nee in grant a building permit to Mr. DeGardner stipulating the house be flood-proofed and valves be installed to valve off the sewer � and water pxotecting the basement from flooding. Seconded by Counmlman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Lieb1 asked the administxation to notify the contractor accordingly. �,��; REGULAR COUNCIL MEETING OF MARCH 5� 1973 PAGE 6 RECEIVING THE MINUTES OF THE PLANIdING COMMISSION MEETING OP FEHRUARY 21 1973: The City Engineer said there were no items in �.he minutes that required action by the Council. MOTION by Councilman Nee to receive the P13nning Commission Minutes of February 21, 1973 Seconded by Councilman Breider. Upan a voice vote, all voting aye, Mayor La.ebl declared the motion aarried unanimously. CONSIDERATION OF THE REODEST FOR SIDE YARD VARIANCE. RICHARD MILLER HOME5: The City Engineer said the problem was one of varification of the survey. The City Engineer said the basement is one and one quarter foot off what had been originally shown to the Engineering Department. He said Mr. Miller is requesting the Council waive the ten font requirement so he can proceed. He said the requirement is five feet on the garage side. He said the house �.s about fifteen feet in and he is 6/10 of a foot off 1.n one corner. He said the building is slanted on the lot. The City Engineer said i£ the variance is not granted, the contractor would have to tear out and rebuild the entire basement. MOTION by Councilman Breider to waive the reading of the notice and epen the public hearing. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimouslp. Councilman Starwalt asked if there were any questions from the audience. Mr. Me1 Pord, Vice President of Richard Mi11er Homes said no part of the home is closer than 15 feet to the next house. He added, the cement men goofed, and the mistake is there. MOTION by Councilman Starwalt to close the Public Hearing. Seconded by Councilman Utter. Upon a voice vot�, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Starwalt to gxant the variance request for Richard Miller Homes. Seconded by Councilman Breider. Upon a voice wte, all voting aye, Mayor Liebl declared the motion Carrled unanimously. CONSIDERATION OF REQUEST FOR VARIANCE TO INCREASE MAXIMUM SIGN 5QUARE FOOTAGE, PELLA PRO➢UCTS, INC.: MOTION by Councilman Starwalt to waive the reading of the public hearing notice and open the Public Hearing. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion caxried unanimously. Mr. James Metry, Pella Products, inc., addressed the Council saying he had made the request and the business was the last remaining o£fice space in Skywood Mall without a sign. He said �he �equest was 15 £eet ovex the variance requirement. Mayor Liebl askad if the sign would be on the north side of the lamp post? The City Engineer said it would be between the top oP the canopy and the existing sign as shown on page nine B of the agenda. , i � REGULAR COUNCIL MEETING OF MARCH 5, 1973 PAGE 7 � Mayor Liebl asked if a.t would be a xoof sign? The City Engineer said it would be basically a wall sign. Counailman 5tarwalt said it would be three feet by five £eet and asked why there was a pxoblem? The City Engineer said there are restrictions on how much of the wall the sign may take. MOTION by Councilman Breider to close the Public Hearing. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Starwalt to approve the variance request by Pella Products, Inc. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING BIDS AND AWARDING CONTRACT ON WATER IPIPROVEMENT PROJECT #110 (BIDS OPENED 11:30 A.M., MARCH 5, 1973): The City Engineer said the bids were for cleaning, repairing and resur£acing of the interior of the one and a half million gallon reservoir. He said the low bid was submitted by xysgaard-Master Company, inc., 1253 West Connely Street, St. Paul, Minnesota 55112, in the amount of $29,800. for 45 calendar days. The only other bid was submitted by Anderson Sand Blasting and Painting, 4346 Vera Cruz Avenue N., Minneapolis, Minnesota in the amount of $35,949. , MOTION by Councilman Utter to receiVe the bids and award the contract to Rysgaard-Mastex Company, Inc., 1253 West Connely Street, St. Paul, Minnesota 55112, in the amount of $29,80D for 45 calendar days. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. , RECEIVING BIDS AND AWARDING CONTRACT FOR STREE'P IMPROVEMENT PROSECT 5T. 1973-1 AND 5T. 1973-2 (MSAS) (BIDS OPENED 11:30 A.M., MARCH 5, 1973) The City Engineer recommended that the Council receive the bids at the present time as the low bidder had made some mistake in calculation and it had to be clarified before the aontract woulcl be awarded. The following bids were received. C. S. McCrossan, Inc. Box 336 Osseo, Minnesota 55369 Minn-KOta Excavating, Inc. 3401 SSth Avenue N. Minneapolis, Minnesota 55429 Northern Asphalt Const. Inc. 1631 66th Ave. N. E. Minneapolis, Minnesota Alexander Construction Co. Co. Rd. 42 & Fairgreen Ave. Apple Valley, Minnesota 55068 $ 473,153.48 $ 440,373.55 $ 539,000.02 $ 486,312.45 �_ '_1 � _� �� `� REGULAR COIINCIL MEETING OF MARCH 5, 1973 Arcon Construction Company, Inc. Mora, Minnesota Progressive Contractors Sox 368 Osseo, Minnesota 55369 Bury & Carlson, Inc. 6008 Wayzata Boulevard Minneapolis, Minnesota 55416 Dunkley Surfacing Company, Inc. 3756 Grand Street N. E. Minneapolis, Minnesota 55421 H. & S. Asphalt Company Box 791 Anoka, Minnesota 55303 Hardives, Inc. 10135 Central Ave. N. E. Minneapolis, Minnesota 55433 $ 475,041.49 $ 483,468.21 $ 460,622.40 $ 534,963.10 $ 468,316.93 $ 479,421.29 PAGE 8 MOTION by Councilman Breider to receive the bids. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl deolared the motion carried unanimously. RECEIVING REPORT ON SASiITARY 5EWER PROBLEM5 ON CAPITOL STREET: The City Engineer said when Capitol Street was placed in the Street Improvement Project, the City hired a company to do a T. V. report on the sanitary sewer system in that area. He said the report had been submitted by the company. In 1967 we laid a by pass line tlzrough the park. The City Engineer said the City had been receiving numErous aomplaints from the home owners before the work had been done in 1967. He said they had not received any recently or since the correction was made at that time. He said he had written a letter to the home owners on Capitol Street asking them to advise the City of what problems they had since 1967, what action they had taken and what work had been done by the City. They did indicate that they had been having problems, but did not give times and specific problems. The City Engineer said he believed the houses were built too low� with not enough difference between the house and the sewer line. Ae said he believed the ma7ority of the problems hacl been solved in 1967. He said most of the problems had been eliminated, but there are some areas in the line that need further correction. He said the City would correct these problems before the road work is done. The City Engineer said these corrections would eluninate or minimize the problems. He mentioned asking the people of the area to find out what they would want to do and give them another chance to make a decision. Mayor Liebl said the homes in the area are having problems because of the shallow de�th of the sewer system. He said there is no indication the people want to be assessed for another sewer system, they ha've already paicl for it. He said that if these problems were not taken care o£, CapitQl Street , ' � r �i' �1 REGULAR COUNCIL MEETING OF MARCH 5, 1973 PAGE 9 � would be the only street that would not be improved. Mayor Liebl said it was h'_5 feeling and the people had indicated at the hearing that they would not object to the City taking care of the sewer problems. Councilman Nee saa.d he had spent r�uite a bit of time with the people of the area the past weekend, and it was his feeling that the people do not know what to accept at this point. He said they were all very happy when the Public Works Department flushed the system for two or three months. He said the people do not know if they can trust the City. IIe said the people do not support the idea of paving the street, and there is a great deal of hostility because of the street improvement i.clea. He added, three families on Capitol Street have been flooded �ust last week. Councilman Nee said he did not know if it was the lateral ox service line that was creating the problems. The City �ngineer referred to the responses to the letter he had sent to the area propesty owners, and he said the Council could see the responses. The people woulcl not be specific. I-Ie said if they would provide the City with the necessary information .it would be easier to determine the causes of the problems and the necessary corrective actions. The City Engineer said there are some pieces of pipe broken. He said � not a11 the problems could be pinned down to the break in the pipe• He said the City was hoping to correct the problems and at no expense to the property owners. Councilman Nee asked if the problem was that there was not enough pitch. The City Engineer said the system was not engineered properly in 1956. Mayor Liebl said if the City does not repair the system and the main is placed tm shallow,the system wi11 not work properly. He said he believed it would be foolish to continually send *_he main�enance staff to the area to repair, as this would be costly. Mr. Gregory Olson, 5237 Capitol St. N. E.� asked the City Engineer tahat he would do to solve the problem. The City Enaineer asked if he was questioning the problems of the sanrtary or storm sewer? Mayor Liebl said they both have to be taken care of before the street can be put in. The City Engineer said the installation of a lift station could be an expensive proposition. He recommended providing some corrective measures as soon as possible. He said the ma7or portion of the problems have been minimized since the work in 1967, and this was a step in the right direction. Mayor Liebl said he is very aware of the area and the problems need not be pointed out to him. He said he believed there were two problems, the sanitary sewer problems and the installation of the street, curbing and gutters. He said rt is o£ the utmost importance that the street be up-graded. � Mayor Liebl asked the City Engineer hov muah it would cost to completely take care of the sanrtary and storm sewer problems so the City can proceed with the street improvement praject? The City Engineer said a complete solution would mean lowexing the line and adding a lift station, lifting sewage to the south. He added, this would very expensive. A� L'v '1^7 REGULAR COUNCIL NIEETING OF MARCH 5, 1973 PAGE 10 The C1ty Enuineer said a positive solution to the storm water would be to � improve the roadway. Mayor Liebl asked if $10,000 would take care of the problems on Capitol Street? He asked if this would do an adequate job. He suggested taking the money out of the general fund and save money by eliminating the need for wnstant maintenance. The City Engineer said to insure there would be no problems in the future, the City would have to lower the lines and install a lift station pushing sewage into the lines to the south. Mayor Lieb1 asked if it would take a new line? He said the present line is not deep enough. A resident of the area said the houses were there before the sewer line. He continued by saying there had been money put in escrow for the project_ I3e said the minimum depth of the line is ten feet, he asked where the Fridley inspector was when the project was put in? He said the money in escrow was spent for the present system. He added the City pays good money for the inspection of the systems, where was he? Mayor Liebl asked the Finance Director if he would check the records to cletermine the reason for the matter being questianed. The resident said no one gave dates £or the problems with the sewer as it is very hard to determine exactly what days it needed repair work. He said he had called out a pro£essional firm to take care of his sewer problems and they had charged him $40. He saicl he went out and bought � his own equipment. Mayor Liebl asked if the installation of the line on Hughes Ave., across from the park had helped. The resident said there had been problems all of the present week with the sewer. Ae added, there 1s fine silt in the lines. He said the water is start.�ng to back up under his laundry tubs. The City Engineer said the questionnaire being completed as requested would enahle the Engineering Department to determine the cause of the problems. Were they occurring during the dry season, was there a break in the line, he questioned? The resident said flushing the lines had helped, but this had been discontinued. Councilman Nee said the problem would go beyond the lateral problem, it would also involve the residential lines. He said the question was one of repairing or maintenance in order to pave. He said the people of the area do not want the street paved. He said in any event the program would not be a complete solution. He said they may have an interest im paving in the future. He said he believed it would cost twice as much to install the lift station and lines when the residential lines would also have to be lifted. He said he thought the street shauld be deleted�from the paving schedule at his time. Mayor Liebl said this would take three votes. He said when he £irst came on the Council, there were eight homes with two feet of sewage intheir basements. He said he would like to set up some program where this would not happen � again. Mayor Leibl recommended a program for finding a permanent solution. He said the sanitary sewer problems on Capitol Street have to be solved be£ore the street improvement project can begin. He saic� the pro�ect had been deleted once before because of the financial burden. He said all the other streets in Fridley have been improved and the people had paid the assessments for the I2EGULAR COUNCTL MEETING OF MARCH 5, 1973 PAGE 11 � improvements. 2£ the Council decides to delete the pro7ect it wi11 have to vote on this action. Mayor Liebl asked the City Engineer how far into the 10-year Street Improvement Program the City had progressed� The City Engineer said now only 200 of the Program needed to be completed. Mr. Donald Mrttelstadt, 6940 Hickory Drive N. E., said the Crty should seek Federal funding £or the pro�ect because of the £actor of flooding. He suggested the administration check into federal he1p, He said the people of the area do have sanitary sewer and storm seWer, but they do not do the �ob. He said he did not believe the City should put in a piece meal project. He stressed there should be no need for the people of the area to fight these problems, the City should seek some help in solving the matter. Mayor Liebl asked what the people thought to be priorrty? A resident of the area said he had not marked the dates he had problems, he said if he had, there would be no place left to write on the wall. He �aid there wese a number o£ times when he had made the necessary repairs himself. He added, the park is flooded all the time. He said the people oi the area would like a permanent solution and a storm sewer. Mapor Lieb1 asked the City Engineer if the proposed method was the only method available for solving the problems? The City Engineer said the water f].ows down hill and there is a section of line where the pitch had to be changed. He sa�d the prtch is too shallow and the houses are very low. He said at the present level the sewer backs up in the basements of the homes. He stressed � the importance of knowing the dates and weather conditions in order to determine the cause for the problems. Mayor Liebl asked if the system aras a gravity system? He asked if the lines were lowered, would the mains also have to be lowexed? The City Engineer said the entire line is £lat, and if it is 1i£ted, this may cause additional pYoblems in another area. Mayor Liebl asked if a problem would be created on Horiaon Drive' He said the City would have to build a li£t sta�ion somewhere in that vicinity. The City Engineer said this may take care of the current problems, but it may create problems for othexs ciown stream in the City Mr. Richard Wedan, 5256 Capital St , said he had problems with the back up and mentioned he had hired a firm to clean out hi� sewer lines and was told they were fu11 of silt from the house to the street. Mx. Charles Welf, 113 Gibraltar Rd., said the watex had been backing up in his basement. He added, with the street problem at the present time he would like to see it paved or reinforced in some way. He said he could understand the problems of the people who did not want to agree to the completion of the roadway until the entire program is solved. Mr. Olson asked the location of the break in the 1ine. The City Engineer said � there are two man holes on the street that are quiL-e close together, the break is 7ust south of the man hole. He said there is a broken bell and saddle. He said there is also a break in the line on Hughes Avenue that must be repaired. t _, ;_ � a � r'� n REGULAR COUNCIL MEETING OF MARCH 5, 1973 PAGE 12 Mr. Olson said his home was close to the broken line. Councilman Utter asked � how 1ow the line is in that area. The City �ngineer said it is seven or eight feet. Councilman Ot�ter asked if the line depth were to be varied or a lift statlon put in, would the residen� also have to lower their lines? The City Engineer said no, the water would just drop into the line. He added, there is not enough drop in the line that is in. Mayor Liebl said he did not believe the problem aould be solved at the present meeting. He mentioned the fact that the street improvement project must be considered. He asked what day should the authorization be given to go ahead with the street improvement pro�ect? He asked if thts could be done at the next meeting? Mr. Olson said if the sewer problems are solved, the people o£ the area would sti11 not want the curbing and blacktopping anstalled. Mayor Liebl said the Crty had a ten-year street improvement plan and they wanted to stay pretty close to the complet�.on of the plan as scheduled. Mayor Liebl said the area in question is an established residential asea and if the Council adopts a policy, it must live by it. Mr. Olson asked if a petition would be useless in deleting the street from the street improvement project as there would be a unanimous vote required? Mr. Olson said he believed the deletion o£ too many areas would be a step back- wards. He added, the City must evaluate the people's ability to pay. He said he was sure the Council was aware o£ this fact. He added, if the people feel � they have to go to court, they will. Mayor Liebl said the area is not in good condition, he mentioned the condi- tions on Gibraltar P.d. He added, it is up to the Councilmen to solve the sanitary sewer problems before they do anything about the road conditions. FIe said he cannot be sure this would be a permanent solution. He said he di3 not belxeve the Council could aome to a decision that evening. He asked the Councilman of the Ward, Nee £or his input on the situations. Councilman Nee asked if the effect of the petition would increase the voting requirement from three to £our. He said if the Council should support a lxft sta�.ion and the problems were permanently solved, it seemed to him it would require repaving. He sazd in this event, the property owners did not belleve it could be paved and curbefl properly. Mr. Olson said they have had the problem for 17 years, maybe they should put up with the problem. Councilman Nee said he believed it would help the matter if they could get some communication going. He said he would like to know i£ the hydrolic aleaner had increased or decreased the problems. Mr. Olson said he had to call Roto Rooter the same day the system was flushed. He added, there are eleven fami- lies in the neighborhood and five of them had moved there within the last five years. Counci.lman Nee said he was aware of the change in ownership of the area. � 1 Fi "�1 REGULAR COUNCIL MEETING OE MARCH 5� 1973 PAGE 13 � Mayor Liebl asked Councilman Nee if he was against the ten-year street improve- ment project and what had been done in the past� Councilman Nee said the people o£ the area have a problem and it has to be solved. He added, no, he was not against the street improvement project. MOTION by Councilman Nee to delete Capital Street from the Street Improvement Pro�ect. Mayor Liebl declared the motion DEAD FOR LACK OF A SECOND- MOTION by Councilman Nee to receive the report on the sanitary sewer problems in Capital Street. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl suggested Councilman Nee talk to some of the people o£ the area. CONSIDERATION OF ESTABLISHING A WALKWAY LOCATION FOR ROBERT LOUIS STEVENSON ELEMENTARY SCHOOL AND AUTHORIZING FURTHER ACTIOIV: The City Engineer said the item was on the agenda because it would soon be the construction season and the City would 7.ake to determine whaL- the proposals and alternatives are £or the walkway. He said he would like to determine what action to take in the safety program to eliminate the need for the children from Rol�ert L. Stevenson School walking on East River Road. He added, the plan is feasible engineering wise, but it has to be worked out with the property � owners. He said the walkway would eliminate busing in this area. The City Manager said he would like to add that last year when the administra- tion worked on this plan one property owner would be in �avor of the plan and the other would be strictly opposed to it. He said he did not have any infor- mation tnat made him believe the situation had changed. He said if this is the case at the present time, the City would have to condemn the land in order to acquire it for the walkway. Mayor Liebl asked Mr. B. Davis, 170 62nd Way N. E., if he was cvilling to cooper- ate, but there remained a question of money? The resident said yes. Mayor Liebl asked the resident if he had also wanted the installation of privacy screening to allow some pra.vacy� Then Mr. Davis said this had not been a fac- tor of disagreement. The City Manager said thexe had been two appraisals from independent appraisers on the land. Mayor Liebl said the City may have to appropriate more money for the property. He asked if the City had offesed to provide a privacy screen� He said i£ it was provided, it would be more in line to accomodate the children. He asked which proposal the School Board recommended? The City Engineer said there were four different possibilities and there are certain advantages and dis- advantages to each area. He said each of the proposed locatiorr.s were feasible. He said those between two garages provided maximvm privacy. He said one property owner is for the plan and the other is against it. Councilman Starwalt asked if all of the eight families had been contacted recently? The City Engineer � said they had been contacted last yea.r. He added, the reason for the item being on the agenda is to bring the Council members up to date on the plan and pro- posals and inform the new Councilman of the action L-aken and planned. He said he would like to determine a direction to take for the proposed action. Iti - � r � REGULAR COUNCIL MEETING OF MARCH 5, 1973 PAGE 14 Councilman 5tarwalt wanted to know i£ there had been any softena.ng effect recently. He questzoned if the people of the area were aware there were four alternate routes? Councilman Breider said the Council would like to wait for the Third Ward Councilman Nee to do some groundwork. Councilman Utter asked if the map presented on page 13-A of the agenda was a new one? Mayor Liebl said this was the same map used before. The Ci�y Engineer said the map indicated some of the obs�ructions in the area such as fences, hedges, and garages. He saicl it also showed the relative loaation of the items in the area. Councilman Starwalt asked if the propo�ed number of locations would only confuse the people? Ae stressed the need for some guidelines beiny set to stop the confusion. Mayor Liebl said the Crty Manager had worked very hard and had obtained the right of way on the North side. He said the problem is on the south side.- He said he was very impressed by the presentation by the Principal of the school. He said the plan should be done with the input of the school and also with the condition that they maintain L-he walkways. The City Manager stressed the importance of reaching an agreement through nego- tiations as he did not believe it would be in the best interest o£ the City to condemn the property He said the City should pay the assessed value of the land. He also suggested putting in some kYnd of screening or give the property owners L-he money to provide the screening if they want to put it in. He said if the land would be condemned, there would be no money for screening provided. Mr. Mittelstadt mentioned the Council had passed a resolution stating no action would be taken before Sune 1, 1973, on the proposal. Mayor Liebl said he was fully aware of the resolution. He said the people of the area had come home and found stakes in their yards. He said he thought thE Crty could work out a solution. xe said he would not favor the installation of a walkway in the front of an;�ones home as their privacy should be consiciered. He thought this would devalue their property Mayor Liebl said he would recommend the walkway between two qarages or two houses, he added, this would be ihe most desirable solution as it would show some concern for the people. The City Engineer said the children living on the south are walkers and those on the north are bused. Councilman Breider said this was the same situation as on Melody Lane. He said the first year there were manor problems, but the situation has gotten a lot better. He said the children tencl to stay within the walkway area and it is working out very we11. Councilman Utter said the walkway in his area was working out finE. Councilman Breider said he believed if there were to be any further negotia- tions with the area people, they should be conducted by Councilman Nee. He said when there were two to three dlfferent approaches being used to talk with the people, this is where the disagreements stemmed from. Councilman Utter asked Councilman Nee if he had been in contact with any of the area peop2e. Councilman Nee said he had mentzoned the ques�ion to Mr. & Mrs. F. C. Harvey, 108 Rivers Edge Way, and Mr. & Mrs. K. L. Olson, 112 Rivers Edge Way, and he felt it may be negotiable betwaen the Gity and the parties. He said there was a problem as Mr. Harvey voa.ced the desire to expand the size o£ � � � '., REGULAR COUNCIL MEETING OF MARCH 5, 1973 PAGE 15 � his garage and had also favored screening. He said he believed the City should review the cost and include privaay fencing in the plan. He sald he believed he could negotiate with the people. He said he did not want to condemn the land fox the walkway. He stxessed how he believed this to be an undesixable situation and he would like to avoid it He asked for some authorization to speak with the property owners to negotiate and also for some time to do this. He explained the property being dascussed as between 108 Rivers Edge Way and 112 Rivers Edge Way and ciesignated number four on the site plan. He said the proposal is the least desirable as far as the scl`sool is concerned. He said he would also look into other plans, but it would be his recommendation to the Council to try to negotiate the Olson and Harvey route. Mayor Liebl said Councilnan Nee would rather negotiate than condemn the property, and added he did not wish to tell the people the proposal was a take it or leave it condrtion. He said this would be a reasonable solution to the problem, trying to negotiate for a reasonable route rather than condemn. MOTION by Councilman Nee to negotiate with the Olsons and Harveys for a reasonable solution and route for the walkway. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unani- mously. C�NSIDERATION OE A REQUEST EOR DRILLiNG A WBLL AT 58�0 2� STREET BY MR. ALHIN JOHNSON. FOR THE PURPOSE OF SPRINKLING LAWNS ONLY � Councilman Nee suggested the City grant the request. The City Engineer sa3d he recommended some conditions or stipulations and that would be that under no con- ditions would the water from the proposed well be connected to the public water system or be used for drinking. He said his second recommended stipulation would be that the water be inspected to see if it is not- hazardous for drinking and not too close to an area �eptic tank. He said a test of the water should be made at least once a year to determine if it is safe for drinking, if it is not safe, it should be marked not sa£e for drinkYng, as children often pick up hoses and drink £rom them. Councilman Nee said he would like to include the condition that the water be used only for sprinkling. Mr. Johnson said sometimes there is repair work needed for the faucets and also at time the City water is colored black. He said last spring the lines had been flushed and the water did get better. He said the location where the water is black is 5800 2nd Street, he said he was the caretaker for the propert1. The City Engineer said the City would again begin flushing the system when the weather warms to a point where water wi11 not freeze on the streets when the lines are flushed. Ae said the City had been getting away from private wells and cep- tia tanks. Councilman Nee said he did support the stipulation that coni�ection would not be � made to the public water system. He said he did not know whether it was necessary to put the propertX owner through the bother of insisting on yearly inspection. He said if the property owner would agree to this stipulations, fine. He said he believed this to be a good idea as this type of well would decrease the enor- mous cost of the municipal water system cause� by the watering of lawns. t';,� REGULAR COUNCIL MEETING OF MARCfI 5, 1973 PAGE 16 �10TION by Councilman Nee to grant the request for a well at 580D 2; Street by � Mr. Albin .7ohnson with the stipulation that it not be connected to the exist- ing municipal water system. Seconded by Councilman Bredier. RECEIVING NOTTCE OF NORTHTOWN TASK FORCB MEETING WITH THE AREA COUNCILS ON MARCH 14, 1973, 7:30 P.M. AT BLAINE CITY HALL: MOTION by Councilman Starwalt receiving the Notice of the Northtown Task Force Meeting with the Area Councils on March 14, 1973, at 7:30 p.m., at Blaine City Hall. Seconded Hy Councilntan Utter. Upon a voice vote, all voting aye� Mayor Liebl declared the motion carried unanimously. The City Engineer said the meeting is basically for the Area Councilmen. CONSIDERATION OF A RESOLUTION SUPPORTING THE ADOPTION OF SENATE FILE 342 AND HOUSE FILE 439 INCREASING THE LENGTH OF TRUCKS PERMITTED ON FOUR LANE HIGHWAYS: MOTION by Councilman Starwait to adopt the resolution as listed. Mayor Liebl DECLARED THE MOTION DEAD FOR LACK OF A SECOND. MOTION by Councilman Nee to table the Resolution. Seconded by Counca.lman Breider. Upon a voice vote, Breider, Starwalt, Utter, and Nee voting aye, t9ayor Liebl abstaining, Mayor Liebl declarefl the motion carried. Mayor Liebl said he believed this decision should be made by the State Legis- � latures, not the County or the City. He said the matter that the action may have some bearing on increases of consumer price from state to state should be considered. RESOLUTION #33-1973 -AUTHORIZING THE CHANGING OF BUDGET APPROPR2ATIONS WITHSN THE GEi7ERAL FUND (LEGAL YEAR 1972i• MOTION by Councilman Nee to adopt resolution #33-1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION �34-1973 - SUPPORTING HOUSE FILE 410 INCREASING THE NUMBER OF ALLOWABLE LIQOOR LICENSES FOR A MUNSCTPALITY: MOTION by Councilman Nee to adopt Resolution #34-1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING NOTICE OF DINNER MEETING WITH DAVID KENNEDY� LEGISLATIVE LIAISON FOR THE CITY OF FRIDLEY, TO BE HELD AT 6•00 P.M.� MARCH 8� 1973, GREBNHAVEN COUNTRY CLUB, ANOKA: Mayor Liebl said the meeting had been rescheduled for March 22, 1973 at the Greenhaven Country Club in Anoka. � REGULAR COUNCIL MEETING OF MP,RCH 5� 1973 PAGE 17 3 �- i A lt� ' � MOTION by Councilman Starwalt to receive the notxce of the dinner meeting with David Kennedy, Legislative Liaison fox the City of Fridley. Seconded by Council- man Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. � � CLAIMS: GENERAL 31248 - 31293 LIQUOR 7563 - 7587 MOTION by Councilman Nee to approve the claims. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declaxed the motion carxied unanimously. LICENSES: GAS SERVICES P & D Mechanical Contractors 1116 Lowry Avenue North Minneapolis, Minnesota GENERAL CONTRACTOR Biaine Construction Inc. 10152 Butternut Street N.W. Coon Rapid5, Minnesota Hutton and Rowe, Inc. 3955 lOth Lane Anoka, Minne5ota HEATSNG P & D Mechanical Contractors ll16 Lowry Avenue North Minneapolis, Minnesota By: Herbert Paulson Sy: Blaine Edmundson By: James Hutton By: Herbert Paulson APPROVED BY W. Sandin C. Belisle C. Belisle W. Sandin MOTIUN by Councilman Nee to approve the licenses_ Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. APPOTNTMENT OF NEW POLICE OFFICERS: The Public Safety Directox, James Hill, read the list o£ names of the five pro- posed new officers and gave a brief description of their qualifications as follows: Jerry P. Huntley is 27, single, and lives in St. Paul. He has a s.A. degree with a major in Psychology and a minor in Military Science. Mr. Huntley is a lst Lieutenant in the United States Army Reserve and is a self-employed painting aontractor. � �[� REGULAR COUNCIL ME�TING OP MARCH 5, 1973 PAGE 18 Charles D. Hanson is 26, married wrth two children, lives in Anoka, and operates � a foster-home. He is currently aontinuing his formal education part-time, and has nineteen (19) quarter-hours. Mr. Hanson is currently a deputy sheriff with Anoka County where he has served for two years. Gary W. Lenzmeier is 27, married with no children and lives in Brooklyn Center. He is completing his requirements this month £or a B.A_ in Sociology. Mr. Lenzmeier is currently a full-time student. Phillip J. Salewski is 26, married, no children and lives in Minneapolis with immediate plans to move to Fridley. He holds an A.A. degree �n Engineering and has plans on continuing his education. Nr. Salewski is currently employed by the Mid 5tate Manufacturing Company and is also active in the Hennepin County Water Patrol. David L. Younkin is 27, married, no children, and lives in St. Paul. He holds an A.A. degree in Law Enforcement and is completing his requirements for a B.A. degree. Mr. Younkan served in the United States Marine Corps as a military police officer sergeant and is currently a full-time student. Councilman Sreider said he would like to hear the recommendations of the City Manager on the proposed candidates for the polYCe department. The City Manager said he concurred with the recommendations of the Public Safety Director. He said the applicants had been intensly screened and -are the most highly tested employees in the city. He said they had taken a Civil Service examination, psychological examination, a lie detector test and several oral examinations. ' The City Manager said he had s�mitted a memorandum to the Council that even- ing, and if the Council wished he would go through the information and present rt to the Council. He said the memorandum was regarding the Eridley Police Pension Association and their recent negotiations and financing the present level of the retirement plan. He said the meeting between himself, Mr. Brunsell, Finance Director, and Mr. Hill, Public Safety Director and L-he membership o£ the Association disaussed two possible alternatives to the problem: 1) the level of benefits o£ the present plan be reduced, he gave as an example el�mYnating the escalator or raising the retirement age to 55, this Would reduce the City obligation to a level closer to the 210 of Police payroll desired by the City Council; 2) Placing all newly hired police officers after March 15, 1973 in Public Employees Police and Fire Fund operated pursuant to Minnesota Statutes, Section 353.63 to 353.68. He added, the City Finance Director had outlined the varlous financial aspects in his report to the Council on February 2, 1973. The City Manager said the Fridley Police Pension Association had met on Satur- day, March 3, 1973 to discuss the proposals. Ae added, Mr. Dick Huss and Mr. Waldemar Olsen, Secretary, had advased him the Association had voted to accept the City's proposal to place new men on P. E. R. A. He said the Association is preparing a letter outlining the terms of acceptance and such a letter would be available by March 9, 1973. � q � r l REGULAR COUNCIL MEETING OF MARCH 5, 1973 PAGE 19 � The City Manager saad the timing of the present discussions on pension matters has been aimed at getting some resolution of the problem prior to the hiring of the five new police oPficers. He said in order to place the new men on P. E. R. A., a special act will have to be passed by the legislature authori- zing this action, similar to the legislation passed for the Crty of MankaLo in the last legi5lative session. The City Manager said he had da.scussed tue matter With Mr. David Kennedy, Fzidley's Legislative Liaison, that day, and Mr. Kennedy felt there were two courses of action the Council could take should they approve the plan placing the new officers in P. E. R. A. His first proposal was to appoint the new men to the Police Department, effective March 19, 1973 and prepare a bill for the legislature containing the date of March 15, 1973 as the date for new men to enter P. E. R. A. He said under this agreement all new officers would sign a statement outlining their membership in P. E. R. A_ and that they accept this as a condition of em�lo��rzent. The second proposal from Mr. Kennedy, the City Manager said, would be the more conservative approach to wait until successful passage of the bill prior to the hiring of any additional police officers. He said the bill would be drawn up, authors would be found, and the bill would be carra.ed through the legislature before the hiring of new men. The City Manager said Mr. Kennedy believed the passage of such a bill would be good as long as there is agreement from the Police Pension Association. He added up to that day, no committment had been made regardzng the new men and the pension plan they would be on. The City Manager asked the Council for direction on the proposal to put the new men on P. E. R A, and when to hire the new men. � He added, the Association had reached an agreement to the proposals, in concept at least, at their meeting the previous Saturday. Mayor Liebl said he would like to receive a letter from the Members of the Association before any action by the Couneil is taken. Councilman Breider said the Council must make a decision. He said if the plan set up by the Finance Director is followed, the percentage of payment will in- crease before it begins to decrease. He said the City was in the process o£ Police negotiations, he added, some time in the future Fridley may have a 100 man force, and it behooves the City to manage the plan at a sufficient level. Councilman Breider asked if he understood correctly, and the Police Pension Association was to give the Council a letter of agreement from all the new officers? He asked Zf the present officers were to remain on the present plan with no change? Councilman Breider said with these conditions, he would favor yiving tentative approval to the hiring o£ the proposed officers. He said the approval would be contingent upon receiving the statements from the new officers and receiving the letter from the Police Pension Association stating their agzeement to the proposal o£ putting the new men on P.E.R.A. He said he would recommend the Council authorize the Citp Manager to hire the new men if it is acceptable to them to be placed on P.E.R.A. as outlined. Mayor Liebl said he would like to see the letters of agreement before any action is taken by the Council. He suggested waiting until the meeting of tfie 19th, � wha.ch would be in a period of two weeks. i'i�� REGUL[-1R COUNCIL MEETING OF MARCH 5� 1973 PAGE 20 Councilman Breider said this may not be reasonable in regard to the � hiring oP the new men as most places of employment require two weeks notice to be given. He asked if there would be a pos5ibility of not obtaining the desired men if there is a two week wait? The Public Safety director said he felt there was no threat of loosing the desired men by the delay. MOTION by Councilman Breider to give tenative approval of the hiring of the new men contingent upon receipt of a letter from the Polxce Pension Association outlining their acceptance to putting new men on P.E.R A. and not changing the benefits o£ the present Polzce Officers; and upon receipt of a statement of agreement from the proposed officers that they will accept the P.E.R.A. plan as a condition of employment. Seconded by Councilman Starwalt. Mayor Liebl said too much is being taken for granted. He added, af the Assocxation agrees, this will be fine, but he felt from his experience in the past, the Council should not take anyone's word for an agreement o£ this type. He said the Council should have something zn writting before going ahead on the proposal. Councilman Breider said he was fully cogni2ant of the fact that there had been no formal written agreement, and he had made the motion contingent upon receipt of such affidavits of agreement. Mayor Liebl questioned if all the new officers would be placed on P.E.R.A. � after March 15, 1973, and the present of£icers would stay on the plan as it is now� He said he believed the change in the plan should be another matter. Mayor Liebl asked the Publzc Safety Director if he £aresaw any problems in the Department caused by the split in pension plans? The Public Safety Director said he saw possible moxale problems either way. He said he did not share the concern of Councilman Sreider over the split. H� said the new men would have to agree to the P.E.R.A. plan before thep are hired, and the present force were not loosing any benefits. The Public Safety Director sazd there was another point of consideration that may be relevant to the matter. He explaxned the possibility of the establishment of a laterally transferable pension plan throughout the country. He stated, there are currently 50 pension plans. He said the plan is being considered carefully, and it would have advantages and disadvantages. He said the morale problem would depend entirely on the type of applicant and his future goals in law enforcement woxk. He said there are men who want to go as high as they possibiiy can. He added, the man with goals such as this would not want to stay on the Fridley force. He stressed, it would depend on the individual's consa.derations. Mayor Liebl questioned the City's possible burden zn implementing the two dif£erent plans. He asked if there would be an increase in the payment under the proposed plan. The City Finance Director said some tables had been worked out with the intention of paying the actuarial deficit. He said the � plan that was proposed would not only pay the norma.t costs as required .by the Guidelines Act of 1969, it would also eventually completely pay the actuarial deficit. He said as each man retires, there would be enough money to take care of hun. xe said the plan called for the deficit to be payed by a certain year. He added, the cost could be lowered at the present time 1�� extending the date set for completion of payment for the defacit. ��-, x �� ', ` REGIILAR COUNCIL MEETING OF MARCH 5, 1973 PAGE 21 � Mayor Liebl asked by what year the actuaria.l deficit would be paid by. The Finance Director sa�.d there Were many ways to implement the paytnent. He added, the present plan would pay the deficit as soon as possible, tha.s could be extended, it 7ust depends on the way the City would want to go. The Crty Manager said it would be about 30 years• The Finance Director said next yeaz the City would save $6,�00 and down the line for a longer period of time. He said the City would save moraey, some now and some later. Mayor Liebl said this would only be true as long as the State Legislature maintains the GuidelineS Act. Ae said if P.E.R.A. increased its banefrts, this would cost the City much more, he asked if this was correct� The Finance Director said the City had no control over the benefiL-s of those on P.E.R.A. He said he cannot determine what they might do in the future. The City Manager said what the City is proposing goes beyond the Guidelines Act requirements. He added, the Guidelines Act only states in ten years the normal costs must be paid. xe added, within thirty years the City woul.d eliminate the deficit and the plan would be eliminated. The City Manager added� P.E.R.A. requires a payment of 12% and this is far less expensive than placing the new men on the new plan and continuing to pay � 500. Councilman Breider said he believed the State would have to take a good look at any proposal to increase the P.E.R.A. benefits as this would involve inereased payment by a lot of municipalities. Councilman Breider said the City plan may be more stable than the State program. Mayor Liebl stressed the importance of the new men understanding the program and the differences between th�.t and the City program. Mayor Liebl questioned the City's limitations L-o set a mill levy e_�ccept for the percentage of payroll. The Flnance Director said if the City hires new people, the new people are not exempt from the tax levy. Mayor Liebl said he believed the agreement with the present force should be maintained unless the Association decided to change the agreement. The Finance Director said negotiations had reached a point where both sides agreed. Councilman Breider said the present delemma is whether the City should uphold the plan and live up to the committments it made in the past, ask the members to agree to reduce their benefits, or place the new men on a plan with their agreement. He said he did not believe the benefits that have been promised the men should be reduced. He said i£ all parties agree to the proposal, he did not see that there would be any complaints. Councilmasi Starwalt asked when Robext Ross, listed as a replaced employee, exited from the Department. The City Manager said it was last fall. � Councilman Starwalt asked what day the Coun�il was recommeding the new men be placed on the Department. The City Manager said unless he had been given the wrong information, the Association had taken a vote and approved the placing the new men on P.�.'.R.A., ��� ���r. REGULAR COUNCIL MEETING OF MARCH 5, 1973 PAGE 22 he added, the reason the agreement is not aompleted at the present time is that they wanted it to be looked over by tneir attorney to be certain it had been worded correctly. He said, the agreement should be back to him within a week. Councilman Starwalt asked what agreement had been made for the men presently on the force� The City Manager said the Caty o£ Fridley agrees to the present level of benefits. He said there is wording that states the City of Fridley Police Pension Association will make changes in their bylaws if there is any change in the State Laws. He 5aid they also stated that any men placed on the force after March 15, 1973, would not be eliqible far the Pension Plan, but would be placed on P.E.R.A. The City Manager said the men had been guaranteed that the benefit levels would remain as they are at che present time. Mayor Leibl said he agreed wrth the proposal, but he would like to see a letter stating these facts. I3e suggested waiting until the next Council meeting. The Public Safety Director said it would be possible to start the new men on March 26, 1973, this was the fxrst day of the training session, but they would have to put in some tYme on their own the previous Saturday for completing necessary forms, etc. The City Manager asked the Public Safety Director i£ this delay would endanger the chance•of hiring the men? The Public Safety Director sai$ he did not believe the men would ob7ect. Councilman Breider said the motion had been a conditional one. He added, final acta.on would not be confirmed until there was some sort of action, it was contingent upon receipt of the letters. Mayor Lieb1 said he had been on the Council for some time and had learned the Council should not take action until the facts are at hand. The City Manager said he had been told by two members of the Association that the letter is coming. Mayor Liebl said he believed the Council should vote. UPON A VOICE VOTE, Utter, Nee and Brei$er voting aye, Starwalt voting nay, Liebl abstaining, Mayor Liebl declared the motion carried. Councilman Nee said he believed the Counail should compla_ment the City Manager, the Public Safety Director and the Finance Director for bringing these negotiations to a close. Mayor Lieb1 said he had attended the meeting the previous Thursday evening, P2arch 1, 1973, and he had pointed out to the Association that the tax payers must be considered and the Council intended to contribute 21%, and no more. ANOKA-HENNEPIN SCHOOL DISTRICT #11: NIEETING SCHEDITLED FOR MARCH 28, 1973, MOTION by Councilman Sreider to receive the communication. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. DEWAYNE LENNOX: SPECIAL USE PREMIT, MELODY MANOR: MOTION by Councilman Breider to receive the communication. Seconded by � � � � � � Ff � REGULAR COUNCIL MEETING OF MARCH 5, 1973 Councilman Starwalt. PAGE 23 Councilman Breider said he was instructed to work with Mr. Lennox. He said he talked to Nir. Lennox and the area pro�erty ownexs. Ae said Mr. Lennox wanted the building to face Sympathy Street and the home owners want the building to face 74th. He said he had told Mr. i.ennox he would work with him to obtain the Special Use Permit on the two lots zoned R-1 and R-2. He said Mr. Lennox did not agree with the views of the administration or the surroundiny property ownexs. UPON A VOICE VOTE, all voting aye, Mayor Lieb]. declared the motion carried unanimously. Councilman Breider said he was unable to go any further and Mr. Lennox would not budge. He added, he did not want to give him a Special Use Permit and the City had denied him a Special Use Permit. Councilman Nee asked if the matter should be past to the administration? The Crty �ngineer said it had been denied. He added, it cannot be brouqht back fox six months. The City Engineer said the action to be taken at the present time Was to receive the letter from Mr. Lennox. He said there may be a way of working with Mr. Lennox, he said it may have to be a compromise. Counca.lman Bxeider said he would calk to the gentleman. Mayor Liebl said there had been ob�ections to leaving a large empty lot in the back. Councilman Breider said the area property owners would like the plan completed as it was originally planned, he said he believed this to be understandable. REPRESENTATIVE PAUL MCCARRON: INTERSECTION OF T.H. #47 AND 69TH AVENUE N. MOTION by Councilman Breider to receive the communication from Representative Paul McCarron, dated February 26, 1973. Seconded by Councilman Nee. Upon a voice vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl asked the City Manager to write a letter to kepresentative McCarron. Councilman Uttes asked what the City could do to get something done at the Highway Department? Mayor Liebl said it had taken five years to get some planting done. He added, the Governor's office has also expressed frustration in dealinq with the HZghway Department. ADJOURNMENT: MOTION by Councilman Utter to ad7ourn the meeting. Seconded by Councilman Breider. Upon a vosce vote, all voting aye� Mayor Liebl declared the Reaular Council Meeting of March 5, 1973, adjourned at 10 40 p.m. Respectfully Submitted ��� � Patricia Ellis Secretary to the City Council ��.�.�,�. ...� Frank G. Liebl, Mayar