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04/09/1973 - 00016671Y���) THE MINUTES OF THE PUBLIC H�ARING COUNCIL MEETING, APRIL 9, 1973 The Public Hearing meeting of the Fridley City Council was called to order at , 7-35 p.m., April 9, 1973, by Mayor Liebl. PLEGE OF ALLEGIANCE: Mayor Liebl led the Council and the audience in saying the Pledge o£ Allegiance to the Flag_ ADOPTION OF AGEN➢A: Mayor Liebl said the following ltems would be added to the agenda; Proclamation - Postal Week, beginning the week of April 29, 1973. Awarding of Bids for Liquor Store Sign. Letter to Senator Dave Schaaf. Informal Report on progress of North Park Committee presented by Councilman Breider. MOTION by Councilman Starwalt to adopt the agenda as amended. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unammously. PUBLIC HEARINGS: None. OLD BUSINESS: ➢ISCUSSION REGARDING PROPOSAL FOR SOLUTION TO MOTOR SCOOTER PROELEM. MR. GILL AND MR. SCHUMANN, 4630 A9iD 4638 3RD ST. N.E.: Mayor Liebl said the letters were incorporated in the agenda. He said the Engineering Department had recommended allowing the alley to be closed. Mayor Liebl read the letter from Assistant Engineer, Richard SobYech, aloud to the Council and the audience. Mayor Liebl asked the City Manager, Gerald R. Davis, if he concurred with the recommendations of the Engineering Depar�.ment? She City Manager said he did concur. The City Manager said he would like to mention that the property owners would be responsible for erecting the fencing and they wquld also have to remove it if some time in the future the City or other utitllty companies required access to the utility easements in the area. He added, there is a poss�bility of the installation of a gate and this would solve the problem. The City Attorney said the staff had prepared an agreement, He said the Mayor and City Manager were to sign the agreement. He said there was a oondition that the property owners remove the fencing at their own expense if there is reason to get into the area for future work on utilities. L.� Mayor Lieb1 said he would not like to set a precedent. The City Attorney said � each request would have to be 7udged on its own merit. PUBLIC HEARING MEETING OE APRIL 9, 1973 PAG E 2 � Mayor Liebl said he would entertain a motion the City construct a barrier, and a"dead end" sign and the property owners be authorized to construct £encing. MOTION by Councilman Nee to authorize the City Manager and the Mayor to enter into an agreement with the Schumanns and the Gills and other property owners �o authorize the construction of the fencing across the alley which is not used and instruct the City Engineering Department to put in a barricade and "dead end" sign to warn the traffio. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unani- mously. Mrs. Schumann said the property owners appreciated the consideration given them by the Council. PROCLAMATION - PROCLAMING WEEK BEGINNING APRIL 29� 1973, aeS POSTAL WEEK: Mayor Liebl read the proclamation aloud to the Council and audience. MOTION by Councilman Breider to aclopt the proclamation approvinq the week of April 29, 1973 as postal week a.n the City of Fridley and ordering pub- lication of the Proclamation. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously- � RECEIVING REPORT ON CANTERBURY INN: Councilman Breider suggested as long as there had not been any further viola- tions at the establishment of the Canterbury Inn, the Council receive the report at this time. MOTION by Councilman Breider to receive the report. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motian carxied unanimously. DISCU55ION REGT�RDING CLAIM OF MR. HENRY MELCH�R FOR SHRUBS• Councilman Starwalt said there has been an addrtional expenditure by Mr. Melcher that had not been considered in the claim letter and letter of agreement. He said the amount of S15 had been assessed by Bachman's for an overall view of the situation and the remedy to the situation. Councilman Starwalt said it would cost much more for the City to replaoe the plantings as they were today. He added, Mr. Melcher had agreed to do the necessary work for the restoration of the shrubbery fence. MOTION by Councilman Starwalt to pay the claim in the amount of $135 to cover the cost of the shruk>s and the bill from Bachman's on their evaluation o£ the situation, and upon Mr. Melcher's signing the agreement. Seconded by Council- man Breider. Upon a voice wte, all voting aye, Mayor Liebl declared the motion carried unanimously. � ,�r�r� ,_ r, ,r, . � �1 PUBLIC HEARING N1EE^tING OF APRIL 9, 1973 PAGE 3 DISCUSSION REGARDING ISLANDS OF PEACE - PRESENTATION BY ANDREW KOHLAN� ATTORNEY. AND RICHARD JACOBSON, CHAIRMAN, FINANCE COMMITTEE: Mr. Kohlan said he was assisting the Islands of Peace with the current situ- ation. He said there is difficulty in obtaining funds £or the project as the pro�ect is not a non-profit organization. He said many foundations had stated they would like to contribute if the project were a non-profit organi- zation_ He added, this would enable the contributors to receive a tax break on their contributions. He added, the establishment of the non-profit orgamzation would make the pro7ec� much more flexible and allow many more people to participate in the pro7ect. He said it is his belief that the pro�ect should be done right and with as many interested people participating as possible. � Mr. Kohlan suggested the Island of Peace lease the property from the City of Frzdley, relieving the City of a gxeat deal�o� r�esponsibili�ty £or� ¢are� maintenance, and operation. He said an agreement between the non-profit corporation and the Crty could be obtained, as this action is essential to the project. He said his request would be to authorize the setting up of a separate non-pro- fit corporation for the Islands of Peace Pro]ect. Councilman Breider asked if the Council had to do anything to enable the corporation to be set up? The City Attorney said no. He said the Council may have to take some action as far as the handling of the funds are concerned. xe said, now the funds are in control of the City Administration. xe said there should be some agreement in the part the City will play after the establishment of the non-profrt corporation is completed. The City Attorney said he thought it would be in the best interest of all to authorize Mr. Kohlan to go ahead and begin the procedure for the forma- tion of the non-profit corporation. After this, there could be a detarmina- tion on who would do what. He saicl the City hacl signed an option to purchase the additional property. He said the funds were to be raised by the Committee. He said there is a question of who would take title of the property ancl who would maintain it. Mr. Kohlan suggestad the City take title of the property and lease the property to the Island of Peace Pro�ect in a long term lease. He said, if for some reason the pro7ect does not develop, the City would still have title to the land. MOTION by Councilman Breider to authorize the administration and legal counsel to work with Mr. Kohlan in forming a non-profit corporation and report back to the Council on the progress of the establishatent of the foundation. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF ON-SALE LIMITATIONS HOUSE FILE 1463: Mayor Liebl asked if a resolution could be written up and passed. The City Attorney said this would be possible. � � � q � PUBLIC HEARING MEETING OF APRIL 9, 1973 PAGE 4 � Councilman Nee said he would like to see the Council support the House File. He said he could not see anything it could hurt. Mapor Liebl said there had been many established businesses that had been in the City for years and had applied for liquor licenses and the City could not issue them a license because of the limitation. The City Attorney suggested drafting a resolution stating the Crty is generally in favor of the bill with the resolution being brought back to the Council for approval. MOTION by Councilman Utter to concur with the recommendations of the City Attorney and prepare a resolution in favor o£ House File 1453. Seconded by Councilman Nee. Upon a voice vote, �11 voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl directed the City Manager to prepare a resolution regarding House Eile 1463. CONSIDERATION OF OEF SALE WINE LICENSES SENATE PILE 1481: Mayor Liebl asked the City Manager what the implications of the proposal were. The City Manager said rt would allow general food stores to sell wine and this would be harmful to the municipal operation. He said he thought the � Council should oppose the passage of Senate File 1481. MOTION by Councilman Utter to authorize the administration to draft a reso- lution opposing the passage of Senate File 1481. Seconded by Councilman Staxwalt. Upon a voice vote, all voting aye, Mayor Lieb1 declared the motion carried unanimously. Mayor Liebl directed the City Manager to prepare a resolution to be on the agenda the next Council meeting. OF REGISTRATION OF ELDERLY AND PISABLED PERSONS, HOUSE FILE 1506: Mayor Liebl Said according to the recommendations oP the Finance Director this procedure would be costly and he recommended opposing such a proposal. MOTION by Councilman Utter to prepare a resolution in opposition to House Pi1e 1506. Seconded by Councilman Starwalt. Councilman Utter said he thought the Council should favor the bill iP there was housing for the elderly in the City. Ae said he did not think the City should provide a service such as this for all apartment buildings. Mayor Liebl said there is one home for the elderly in the City. He said arrangements have been made for the shuttling of those people £or registra- tion. � Councilman Starwalt said the bill would require the City to make special registration arrangements for all apartment dwellers. He said the stipula- tions of the File were very loose and he opposed rt. �,=�i PUBLIC HEARING MEETING OF APRIL 9, 1973 PAGE 5 Councilman Breider said he did not think the City should force the people to complete their obligation. He said the elderly and disabled should be consid- ered, but not all apartment dwellers. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OP UNIFORM ELECTION DAY� ALL SCHOOL DISTRICTS AND MUNICIPALITIES, HOUSE FIL� 1389. Mayor Liebl read aloud the memorandum submitted by the City Finance Eirector wrth his recommendations MOTION by Councilman Breider to oppose the adoption of House File 1389 as � it could not be carried out because of the mechanies of the proposal ancl that the City would prefer a uniform election day for School Board Elections, but not on the same day as the general election. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. APPOINTMENT - CITY EMPLOYEE� Name Position Howard G. Mattson Eng.�Aide 324 Cedar Avenue Eng. Dept MinneapoLis, MN Salar $842 per month Effective Date April 16, 1973 Replaces Ron Morris MOTION by Councilman Breider to concur mith the City Administration and appoint Mr. Howard G. Mattson, Engineering Aicle, effective April 16, 1973. Seconded by Councilman Utter. Councilman Utter asked what had happened to Ron Morris? The City Manager said Mr. Morris had taken a positon in Dallas. Texas. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF A PROPOSAL FOR LEASING A PORTION OF THE GARDENA SCHOOL PROPERTY FOR UTILIZATION AS A NEIGHEORHOOD PLAYGROUND. The City Manager said the City was in need of a neighborhood park in the area. He said they had looked at the Gardena School property and there was a possibility the 5chool would lease the propeity�to the Crty. He said there may be access on the east side of the school. He said this would be a small scale area with volley ball, basketball and some playground equipment. He said the cost would be less than purahasing a park for the same purpose. He said that he recommended the City Manager and the City Attorney be authorized to negotiate with School District number 14 for the lease of the land. , � MOTION by Councilman Utter to authorize the City Manager and the City Attorney � to pursue negotiations for the utilization of the SchD01 Property at Gardena for $16,000 to $18,000 to provide a park. Seconded bp Councilxnan Breider. upon a voice vote, all voting aye, Mayor Liebl declared�the motion aarried unanimously. � PUBLIC HEARING MEETING OF APRIL 9, 1973 P�ROGRESS REPORT ON OFF-SALE LIOUOR STORE BUILDING AT HIGHWAY #65 PAGE 6 The Mayor called on the City Manager to qive the progress report on the liquor store. The City Manager said things had not been going along as well as he would have liked them to progress. He said there had been a meeting on April 3, 1973 with the contractors. He had called the meet�ng in an attempt to improve cooperation between them. Since then there has been a la.ttle better coopera- tion, but he said he would like to have a meeting on the progress every �wo weeks. The City Manger said he wanted to inform the Council that there had been some delay, and if the store is not completed by May 15, 1973, he would like to have it a matter of record. Mayor Liebl said it will cost the contractors a little money if they are not done on the time schedule set. MOTION by Councilman Sreider to receive the report. Sewnded by Councilman Utter Counca.lman Nee asked if the architect should be watching the schedule? The City Manager said the architect had attempted to settle the problem but � without satisfactory results. He saicl getting the contractors together had helped. He agreed saying it should not be the responsibility of the City to settle the problems, but he added, the meeting did obtain some results. Councilman Starwalt asked what would happen i£ the results are not obtained in the two week interval between meetings? The City Manager said the meetings would have to be scheduled closer together. He added, he would try to work out the problems with the meeting set up £or every two weeks. � UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING BIDS FOR FRIDLEY LIOUOR STORE 5IGN. Mayor Liebl said the bids had been received on March 1R, 1973, and this was in regard to awarding the Contract. The City Manager said there had been a delay as there were two separate items to be bid on. The bxick column called for a conczete contsactor and the sign called Por a sign contractor. The Erty Manager said the low bidder for the sign work was Lawrence Sign Com- pany in the amount of $5,660, and the low biddex £or the brick wark was Gilbert Construction Company, Inc., in the amount of $839. He said the amount budgeted for the sign had been $7,000, and this would be within that amount. I3e said this covered the free standing sign and also the one on the building. The City Manager said he would recommend the contraats be awarded to the low bidders mentianed previously. 6l � 5I �F � „ ,�-:� PUBLIC HEARING MEETING OF APRIL 9, 1973 The bids are as follows, Sign: Lawrence Sign Inc. 945 Butler koad St. Paul, Minnesota LeROy Sign Inc. 3101 N. 2nd Street Minneapolis, Minnesota Nordquist Sign 312 W. Lake Street Minneapolis, Minnesota Tri-Ad Sign Service 503 17th Avenue N.E. Rochester, Minnesota Universal Sign Co. 460 N. Dale 5t. St. Paul, Minnesota Srick Column. D. W. Harstad Co, Inc. Approved Contractor, Inc Gilbert Construction Co. $5,660 56,515 $5,75D $7,350 $6,053 $1,329 $ 965 $ 839 PAGE 7 MOTION by Councilman Starwalt to award the sign contract to Lawrence Sign Company, Inc. in the amount oP $5,660 and the brick column contract to Gil- bert Construction Co. in the amount of $839. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING REPORT ON NEGOTIATIONS WITH ERIDLEY FIRE RETIREMENT ASSOCIATION:�� The Mayor said the City Manager had recommended approval o£ the tentative agreement between the Fa.re Retirement Association and the Adminlstration. Mayor Liebl said if there is a bill prepared and submitted to the State Legislature, it would have to be clone this week. Mayor Liebl asked the City Manager if the agreement could be signed. The City Manager said the Administration had been negotiating with Mr. ALdrich and the members of the Pridley Fire Retirement Association £or several weeks. He said the negotiations involved both the paid £ull time men and the volun- teers. The city Manager said an agreement had been reached the previous week in which both sides agreed. The agreement would reduce the actual cost oE the plan. He said there would be a change in the vesting, a.fter ten years of � � � �,� ,,-� PUBLIC HEARING MEETING OF APRIL 9� 1973 PAGE 8 � service the volunteer members could receive a lump sum payment over four years providing they had at least ten years of service. He said the retirement age would be changed fr�m 55 years of age to SD years of age for volunteer members. The City Manager said most of the plans £or volunteers have a retirement aqe of SD. He said there is also an increase in the bene£its £or widows and also for disabilities. The City Manager said he had received a letter from the actuary for P.E.R.A. and the fund has sufficient assets to pay the past obligation of the men. ' The City Manager said from the City's standpoint, it is a mutually beneficial proposal. He added, the City would have to work fast and there is not a 100o chance that rt can be passed by the Legislature in the present term. He said the administration would do everything poss�ble to get it to the Legislature before the end of the term. Mayor Liebl questioned if there is presently $120,000 in the fund? Mr. Aldrich saa.d there is nearly $400,000, $124,OOD in the paid men's side and 5253,000 in the volunteer men's side. Mayor Liebl asked if by paying the $88,113 this would pick up all liabilities for all of the permanent and volunteer men? Mr. Aldrich said this would only take care of the paid men. tdr. Aldrich said the remainder of the men would stay in the volunteer side which is adequately funded. � Mayor Liebl asked for an explanation on why there had been a change and the Association was going in two differaat ways. Mr. Aldrich said the P.E.R.A. plan is very similar to the present plan and there was a need for something to negotiate. He said the P.E.R.A. plan made the benefits the men already had, stronger in some ways. Ae said the new proposal gives some benefits to the City and some benefits to .`.he fund. Councilman Breider asked �f the membership had concurred with the proposal? Mr. Aldrich said yes, they had unanimously agreed. Councilman Breider asked if any future votes were necessary. Mr. A1c3rich said no. He added, it is ready to go, all that is remaining to be done is to work on the bill. Mr. Aldrich said there was another feature of the proposal which had not been incorporated in the report on the agenda as it was not a cost £actor. He said this feature was the self ad7ustment clause. He said this would allow the Association and the City Council to acl�ust the level of benefrts in the Enture if the ad�ustment of those benefits does not e£fect the cost of the plan. He said the benefits could be ad�usted without going to the Legislature. He said this was a very important part of the bill and a good feature. MOTION by Councilman Breider to concur with the recommendations of the City Manager and agree to the points outlined which are agreeable to the Fridley Fixe Relief Association and the City and add the self ad7ustment clause in � the bill. Seconded by Counca.lman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. � a r� PUBLIC HEARING MEETING OF APRIL 9� 1973 PAGE 9 Councilman Breider said he believed the self adjustment clause to be a magnificent feature. Councilman Breider said the City Manager and the City Attorney should be instructed to draft a bill to be presented to the Legislature this term. The City Manager said he had net wath the City Attorney that day, and because of the lateness of the session it was suggested that Mr. 5avelkoul be contacted and asked to aid in the preparation o£ the bill. The City Manager said he had discussed this point with Mr. Aldrich and he was in agreement to the proposal. He said Mr. Savelkoul woul.d be an asset in drawing up the bill and walking it through the Legislature because of his experience. The City Manager said the schedule of the City Attorney prevented him from completing the bill rapidly. He said the expense of obtaining Mr. Savelkoul's services had not been discussed, but there was a possibility of splitting the cost with the Association. The City Manager said the Ctiy would have had the services of Mr. David Kennedy, but this had fallen through. The City Attorney agr�ed saying, the bill would have to be introduced this session, and he would not have the time to do it, He said he Yaelieved Nlr. Savelkoul would be an asset in drawing up the bill and introducing it. MOTION by Councilman Breider to authorize the administration to do every- thing in its power to get the bill to the Legislature this session. Seconded by Councilman Utter. Upon a voice vote� all voting aye, Mayor Liebl declared the motion carried unanimously. LEAGUE OF MINNESOTA MUNICIPALITIES: POLICE AND FIREMEN',�+i PENSTON: AND RESOLUTION #53-1973 FAVORING PASSAGE OF HOUSE FILE 1465 AND SENATE FILE WHTCH AMENDS THE POLICE AND FIREMEN'S RELIEF A550CIATION GUIDLINES ACT: Mayor Liebl read the proposed resolution aloud to the Council and the audience. Mayor Liebl said the two bills would spell out a financially feas.ible type of financing. The City Manager saa.d the bill would do on the State 1evel, what the City of Fridley was basically trying to do on the local level. Councilman Breider mentioned there was an S� contribution by the employee he added, the City has�not tried to do this. He said he believed everything else was what the City was striving for. He said he would question this one paint, He stated, wasn't the City asking 6%? The City Manager said yes. He added, the P.E.R.A. plan calls for a 7o employee contribution. He s3id in the P.E.R.A. plan the ratio of contribution is 40� employee and 6Do employez. The City Manager said the increase could be paid over a ten year period of time. He said this would basically set a floor on the contributions. MOTION by Councilman Nee to adopt the resolution in support of House File 1468 an$ Senate File 1709_ Seconded by Councilman Utter. � � � � � � m �� ,� a-r �r, PUBLIC HEARING MEETING OF APf:IL 9, 1973 PAGE 10 The City Manager said the proposals have authors, and this is a step in ihe right direction. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unani- mously. n Councilman Breider said he had a letter drafted which could 6e sent. He read the letter aloud to the Council and audience. He said the letter had been signed by Mayor Liebl, Councilman Breider, Councilman Starwalt, and Councilman Utter. He said he had talked to Councilman Nee about rt. Councilman Nee said SenaCOr Schaaf did not accuse the Council, he accused General Television. Councilman Breider read from the article in the paper caf Thursday evening, stating the remarks are directed to the City. Councilman Nee said the employees of General Television had yone around and circulated petitions. He said he thought it to 6e a matier of the writer choosing to write what he wanted. He stressed the discussion was about the employees dis- tri6uting a counter petition. Councilman Breider said he would like to have Senator Schaaf's explanation for the quote. hfOTION by Councilman Breider to authorrze the draf+ed letter to be sent to Senator Schaaf. Seconded by Councilman Utter, Upon a voice vote, Councilman Breider, Councilman Starwalt, Gouncilman Utter, and Mayor Liebl voting aye, Councilman Nee voting nay, Mayor Liebl declared the motion carried. INFORMAL REPORT ON NORTH PARK COMMITTEE PROGRESS BY COUNCILMAN BREIDER• Councilman Breider said there had been a meeting of the Comm rtYee and the field trip scheduled for the week previous to Easter Sunday. He said these had been rescheduled due to the many conflicting activities the week prior to the holiday, The meetings are scheduled for May 5, 1973 for the Field tr3p and April 23 for the meeting, Councilman Breider said Mr. Brauer of Brauer and Associates had indicated to him that at the April 23rd meeting, verbal recommendations for the utilization of North Park will be presented by Brauer and Associates. Councilman Breider said his recommendation would be to not have the Committee make their recommendations to the Council that erening. He said he would like the Committee to have some time to analyze the recommendations and allow the Committee to conduct an interaction session prior to makiny recommendations. He said after the interaction session he would ask the Committee to present their recommendations to the Council. Mayor Liebl asked if the Committee would have a recommendation by June? Council- man Breider said they should have a recommendation before the c�nd of May, Mayor Liebl said if the matter had to 6e brought to a voee, there would be enough time for a referendum. Councilman Breider said yes, plenty of time. in.0 PUBLIC HEARfNG MEETING OF APRfL 9, 1973 PAGE 11 Mayor Liebl asked Councilman Breider if this would be the tentative schedule? Councilman Breider said yes, ADJOURNMENT• MOTION by Councilman Breider to ad�ourn the meeting. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the Public Hearing meeting of April 9, 1973 ad�ourned at 9:17 p.m. Respectfully Submit�d, ��r . , L� . ,1/F�islrf...IMI" ij � Palric�a Ellis Secretary to the City Council �.�.� �. .:� Frank G. Liebl, Mayor � � �