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01/21/1974 - 00016044' , L_.i THE MINUTES OF THE REGULAR MEETING OF THE FRI�LEY CITY COUNCIL OF JANUARY 21, 1974 The Regular Meeting of the Fridley City Council of January 21, 1974 was called to order at 7:32 p.m. by Mayor Liebl. PLEDGE OF ALLEGIANCE: Mayor Liebl led the Council and the audience �n saying the Pledge of Allegiance to the Flag. INVOCATION: Mayor Lie61 offered the Invocation. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT APPROVAL OF MINUTES: Councilman Nee, Councilman Bre�der, Councilman Starwa7t, Councilman Utter, and Mayor Lie61. None. REGULAR MEETING OF DECEMBER 17, 1973: MOTION by Councilman Bretder to adopt the minutes of the Regular Meeting of the Fridley Council of December 17, 1974 as submitted. Seconded by Counciman Utter. Upon a voice vote, all vot�ng aye, Mayor Liebl declared the motion carried unanimously. REGULAR MEETING OF JANUARY 7, 1974: MOTION by Councilman Nee to adopt the minutes of the Regular Meeting of the Fridley City Council of January 7, 1974 as presented. Seconded by Counci7man Utter. Upon a voice vote, all voting aye, Mayor Lieb7 declared the motion carried unariimously. ADOPTION OF AGENDA: Mayor Liebl said he would like to add a resolution requesting the Suburban Rate Authority to look into the procedure of estimating Gas Company 6ills. MOTION by Councilman Starwalt to adopt the Agenda as amended by the addition of the Resolution to be submitted to the Suburban Rate Authority. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. VISITORS: MR. HENRY PETERSON. AMERICAN LEGION. ANNOUNCEMENT OF CITIZENSHIP CLASSES: Mr. Peterson addressed the Ccuncil and said he would like to annouce the American Legion was scheduling Citizenship Classes to begin Saturday, February 2, 1974. He said the classes would be without charge. Mr. Peterson also pointed out that there is a State wide program requesting the Flag be flown everyday. He explained that those participating would receive a certificate and the City of Fridley has issued more certificates than any city in the State. MR. DAN FISH, HUMAN RELATIONS COMMISSION COMMITTEE MEMBER, REQUEST FOR ADDITI Mr. Dan Fish addressed the Council and requested the Council take some action on the request of the Human Relations Commission to increase the size of inembership of the Committee which was within the minutes of the Human Relations Committee and in the current agenda. He also requested the method of selection of the membership be reviewed to increase attendance at the meetings. PUBLIC HEARINGS: None. OL� BUSII�ESS: ti, �: REGULAR MEETING OF JANUARY 21, 1974 PAGE 2 CONSIDERATION OF AWARD OF CONTRAC7 FOR PURCHASE OF BACKHOE LOADER (TABLED 1-7-74): MOTION by Councilman �tter to concur with the recommendation of the Public Works Director, Ralph Voklman, and award the contract for the purchase of the Backhoe Loader to Valley Equipment Company for a John Deere JD-410, in the amount of $18,059, with a deposit of $1,200. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. � CONSIDERATION OF AWARD OF CONTRACT FOR PURCHASE OF FRONT END LOA�ER (TABLED 1-7-74): MOTIOIV by Counc�bman Utter to award the �ontract for the purchase of the Front End Loader to Olson Equipment Company for the Waldon 5,000 with the towing attachment and ball and socket hitch in the amount of $12,890. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. REPORT FROM MAYOR LIEBL ON POSSIBLE ALTERNATIVE USES OF NORTH PARK PROPERTY: Mayor Liebl said he had not talked to the other members of the Council concerning his recommendation for the alternative uses of North Park because this wou7d have constituted a private meeting. Mayor Liebl provided copies of the statement to the members of the press, Administration, and the members of the Council. Mayor Liebl read the following statement to those present: Ouring the past two or three months there has been an increase in the number of inquires regarding the Council's position on the ultimate use of North Park. I am also aware that Citizens' Committees have been formed representing both sides of this issue. These people will be expending their time and effort in an attempt to assure its use as either a Nature Study area or a Municipai Golf Course. I personally, believe as e7ected representatives of the City of Fridley, we must � be prepared to make a decision on this matter. Additional study and promotional efforts by both sides over a lengthy period of time will on7y create additional disunion within our Community. We have spent $11,D00.00 of taxpayers' money conducting an exhaustive study on the best possible use of this property by an independent consulting firm and additional taxpayers' money involving countless hours of our Administrative staff in providing information to the consultants and the ad hoc committee which was appointed to review the consultants' study. We indicated publicly through the minutes of our Council meet�ng, that when this report was placed upon our ta61e, we would act on the matter. I recognize th«t to make a decision may not be popular with all the citizens of this community, but I am certain government would not continue to function if we had to wait in passing resolutions and ordinances for unanimous citizens' approval. Like Harry 7ruman once said, "If it gets too hot in the kitchen, it's time to get out". Gentlemen: I am satisfied that the study and its evaluations have been completed and any further studies will prove to be inconclusive and those people who are firm in their God given rights to their own convictions will not be swayed by the well intentioned motives of either of these graups. We have been elected by the citizens of this community to be decision makers, so now �t is time to quit straddling the fence and make a decision. Dur failure to do so will only result in this matter being decided at the polls, and then, on7y one � side can prevail. If we can resolve this issue at this table, I firm7y believe we can do the best for the majority of our fine citizens. There are those who feel strongly that this area should be set aside for a nature study area and as I mentioned previously, these people have a right to their opinion. Likewise, there are those in our community who feel the best interests of Fridley would be served by making this area a municipal golf course and being taxpayers in this community, they are also entitled to their apinion. After careful consideration and study and meeting with people who represent both sides of the issue, it now appears to me, we can make a decision that meets and fulfills the desires of the majority of our citizens. s� r REGULAR MEETING OF JANUARY 21, 1974 PAGE 3 As your Mayor, I am suggesting and will later ask for a motion that will broaden our recreational facilities by not �ust one program, but two worthwhile programs. I am recorranending that we hire, this year, a Nature Interpretive Director and place him or her on our staff to promote and conduct those functions which will provide � us with a better understanding of nature and how to live and preserve it. This individual and supporting staff will be provided office space in our Civic Center as a natural place of organization. Th�s program wi71 be funded adequately in order to be able to draw on all the resourses of the seven county metropolitan area and not be confined or restricted to one spectfic area that in time (as pointed out in the Brauer Report) will be lacking in natural resourses such as the North Park Area, 7his program should encompass the natural environmental department in expanding programs in the areas now being acquired by the County for this purpose. I am referring to the Chain of Lakes acquisition and Bunker Prarie Park, now under the control of the Anoka County Board of Commissioners. By uti7izing these two areas, we have at our disposal nearly two thousand acres of natural resourses. Many other areas exist in Anoka County which although, smaller in size and different in makeup such as the Coon Rapids Dam Area, Is7ands of Peace and our own Locke Park, will complement this program. Taxpayers and foundations throughout the metropolitan area have acqutred and assembled other areas of interest and these also should be part of this comprehensive nature interpretive program. With this inventory of land and suburban facilities we can have a nature program second to none in the metropolitan area and again be leaders in Anoka County with a nature educational program without penalizing those who would like to see us have a profit making municipal golf course. � I am recommending that the second part of this motion designate the North Park area to be a munictpal golf course and proceed by this motion to interview and hire an architect and authorize the City to sell revenue bonds to finance the project. It seems to me,that in this way, we are able to provide the people of this community the o ortunit to artici ate in t e� recreational out7et of t eir c otce. 7'�e alternative of providing a nature center on y or a golf course on y, is not acceptable. It is obvious if we as Councilmen allow this course of action io be taken, we will be respons�ble for dividing the citizens of our community into factions that will he at odds with each other at a time when community harmony is needed and confidence in government at many levels has been shaken. I am aware that there are those in this community who would relish this division, but gentlemen, let's not bow to this small minority. Our failure to act will only perpetuate these single purpose groups and widen the gap between the electorate before the people will have the chuice to render their opinion at the polls. If thts decision cannot be reached through Council action by the ma�ority of this Council, I suggest that we advise the electorate here and now that we have failed to agree and that this item will appear on the ballot for voter consideratton in the fall election. I am certain in my own mind that if this item appears on the ballot, the proponents � of a revenue generating municipal golf course will prevail. The income from this profit making recreational facility will provide the needed funds for our nature interpretive program. Gentlemen• If this be the case, we have failed in our responsibility and have provided only one recreational program when the citizens of this commun�ty could and should have had both programs. This decision is still ours........... Frank G. Liebl, Mayor Mayor Liebl said he had come to this decision after two years of studying the proposals for North Park. He said he had looked at the resourses of the City of Frtdley and he hoped that the fine citizens of the C�ty of Fridley would concur with his recommendation to the Council. He said he would leave the decision up �� r ,. _� REGULAR MEETING OF JANUARY 21, 1974 to the community and the Council. PAGE 4 Mayor Liebl said before any final decision is made, he would like to obtain the counsel of the City Attorney on what procedure would have to be followed. He said he also wanted the other members of the Council io individually offer their opinions on the proposal he had made. He asked Counci7man Utter if he thought the recommendation would be in the best interest of the City. � Councilman Utter said he thought it was a little early for him to make any comments. He continued stating he thought the way the material was presented was impressive. He also stated the idea of the County being best suited to construct and maintain a nature center in one of their various open space areas was a feasible plan. He suggested the property in Fridley, east of O7d Central for the tnstallat�on of such a nature center. He said this section of property had n ot been mentioned in the report by Brauer. Mayor Liebl called on Coancilman Breider to present his thoughts. Louncilman Breider said he would like to reiterate a few of Counci7man Utter's remarks. He agreed the City did need two d�fferent types of programs, and said this had been expressed very well. He said the proposal for the establishment of a nature center through the County appealed to him. He expressed the view that the establishment of a nature center as proposed in the North Park area and suggested by the Foundation would be very difficult to fund because this would be too similar to the Islands of Peace project and would conflict with their funding, He said this would be setting up the same pro,7ect in the same area and requesting funds from the same people, and one or the other of these projects would suffer greatly. He said it is his personal be7ief that the County could set up a nature interpretive program in a larger area which would be more feasible in consideration with the amount of maintenance and funding required. Councilman Bre�der commented, the City shauld look for the establishment of the best possi6le and well rounded recreation program and if a nature center is established � in North Park, it would not be possibie to install a golfing faci7ity in the City. Councilman Breider pointed out that the proposal for the insta7lation of the go7f course on the airport site had not received much interest from the Metropolitan Airport Commission. Councilman Breider said he concurred with the principle of the proposal, but not necessarily the sequence. fNayor Lieb7 asked the members of the Council to comment on whether or not he had influenced them or dtscussed ihe matter with them previous to the meeting. Councilman Utter said he had not talked to Mayor Liebl about the proposed recommendation. Councilman Breider said he had not talked to Mayor Liebl. Counc�lman Starwalt said when he read the agenda and the item which concerned Mayor Lieb7's statement, he truly did not know what to expect. He said he thought Mayor Liebl had made an excellent presentation to the Council. He said he would quarrel with the form and not the substance. He stated, he did not believe any action on the matter should be taken at the current meeting. He said he had made this decision before he had seen or heard the substance of the report. He hoped a third proposal would be recommended in the report, but he realized the land had been acquired for the tnstallation of a golf course. Councilman Starwalt continued stating the school population in Fridley is leve]ing � and the C�ty is a maturing City. He added, the uses of North Park and the money of the City's taxpayers should be considered with these facts in mind. He sa�d the annual budget of the Parks and Recreation Department is one half a million dollars, and this is a sizeable sum. Councilman Starwalt said he had stated earlier that he would favor a referendum after much and ample discussion on�he part of the citizens of Fridley. He added, the Brauer Report had received muc criticism, hut he felt this money was wel] spent because of the awareness it brought to the people and the understanding of the concept involved. He said the drainage system of the area would have to be considered and also the increasing urbanization of the area surrounding North Park, Councilman Starwalt questioned the idea of the golf course being referred to as a money making proposition and said he did not agree or disagree with this concept, but thought it should be considered as a usage that would pu77 its own weight REGULAR COUNCIL MEETING OF JANUARY 21, 1974 PAGE 5 financially. He said the people attending the faci7ity would pay and the tax payers would not have their taxes increased. He said this was his only quarrel with the substance of the report. He stated he had never played golf in his life. Councilman Starwalt said the City of Fridley is a developing City and he would lean toward the golf course. He said he did not feel he has heard all that he could � on the matter at the present time. Mayor Liebl thanked Councilman Starwalt for h�s sincere comments. Mayor Liebl replied, if Councilman Starwalt wished io know if the golf course would be a money making proposition for the City the golf courses in the area should be contacted. Mayor Liebl said he would be willing to go the voters of the City of Fr�dley for a decision, but the members of the Council are elected officials with the purpose of being decision makers. He stated after two and a half years, it is about time to make a decision. He said he was not trying to be pushy, but fe7t there had been ttme enough to make a competent and reasonably sound decision. Councilman Nee stated it seemed to h�m that they are facing one question, and this question is one of financing. He said it did not seem to him that this would be a big question any longer. He said the C�ty could finance the golf course without going to the tax payers, and now, the Foundation would be developing the nature center without going to the taxpayers. He said this would eliminate the issue of financing. He added,he personally thought there were some errors in the report, he had not seen the evidence on the economic projection of the revenue. He said if a golf course is established in the North Park area, and the economic projections are not as expected, this would force the City to go to the people for aid in funding also. He explained, if the Foundation were to lease the area, it wou7d support itself. He questioned if the funding obtained by the golf course facility could be applied to any other pro�ect under the conditions of the LAWCON grant. � He said he thought the question to be an academic one, it is what the people want and what society needs. Councilman Nee said the nature center supporters would make the same type of proposal which would make North Park a nature center and place a golf pro on the City's staff. He stated the golf pro could take the City's golfers to dtfferent courses. He said whether a naturalist or a golf pro is placed on the staff, �t really comes down to the point of what the people prefer and he thought the people want a nature center, He said if the nature would not be a success, it could be chartged in future years, but if it is bulldozed to create a golf course, this could not be reversed. Councilman Nee said in his �udgement, North Park should be left in its natural state. He did not want to see excavation of the land or the cutting of the trees. He stated, this would have to be his position. He felt the question before the Council was what the people want and what society needs and if this had to go to a referendum, so be tt. Councilman Nee said he would 6e prepared to go into the plan for the establishment of the golf course on the airport property. He stated the Administration had not brought response, and they still did not know if this would be possible. Mayor Liebl questioned this proposal stating he did not think the peop1e of Fridley would approve of the construction of the City of Fridley numicipal golf course in another community. Mr. A. C. Mattson, 6320 Riverview Terrace said he had been a resident of the City of Fridley for 16 years and had contri6uted a great deal of money for the bui7ding of parks for the young people of the community. He sa�d he thought it disturbing � that there was no place to go in the City of Fridley for his own recreation. i�e said there are many facilities for the young people, but he had to go to Coon Rapids to golf. Mr. Mattson said he thought it was about time the City should provide - a place of recreation for the adults. He mentioned the establishment of the Islands of Peace for those who would want to visit a natural area. He added, �f the people want to look at animals, they can go to the zoo. Mr. Mattson commented that he had only golfed four times, but thought he would be taking more time for this type of activity in the future. He continued saying there may be 2,OD� who want to look at the natural areas, but there would be 1D,OD0 who would want to go7f. He said this could be put up for a vote as well as anything else that took a decision, there would no longer 6e a need for the City Council. Mr. Andy Labiak, 221 Satelite Lane, referred to the facilities for recreat�on in Fridley, and said compared to many other commun7ties, there are none. He listed some of the facilities provided in the neighboring communities and stated there should be some facilities in Fridley for the people that live in Fridley. �„-, ��� �, REGULAR MEETING OF JANUARY 21, 1974 PAGE 6 Mr. Henry Peterson referred to the Islands of Peace and said they were currently being funded. He said these facilities are for the disabled veterans and all other people. He added, the City a7so had many parks. He repeated the Islands of Peace are for all of the people and he asked why there should be a duplicate. He said the children in Fridley should be brought to the Islands of Peace because there are many people who v�sit the Facility and would apprec9ate the aid of the young peaple of Fridley. Mr. Peterson pointed out there is a swimming fac�lity and natural � at the Moore Lake park. He expressed the view that a golf course should be established to allow diversification of recreational activities. Mr. Adolph Kukowski, 6131 5th Street N. E., addressed the Council and said he believed in the installation of a nature center on the North Park site, 100%. He said he thought there should be someplace tn Fridley to take his children and show them some natural environment. He said he had been at the Islands of Peace and Locke Park and there is no comparison between the natural assets of these two areas and Norih Park. Mr. Rony Peka, 5932 5th Street, said he would want North Park used for a nature center and he felt very strongly about this. He said there are not enough nature centers in the area and there are many golf courses. He said the young people and the elderly people would apprec�ate the nature center facility. He repeated, he believed the C�ty should provide a nature center. �r. Richard Trezona, 177 Hartman Circle, Chairman of the Spring Brook Nature Center Foundation addressed the Council and said he had nothing to say in opposition to the golf course, and he felt the City should have one, but he thought the 120 acres of North Park should be a nature center. Dr. Trezona said he is enthusiastic for one reason, it would take 100 years to bring the area back to its present state. He said the same th�ng wou7d apply to the Islands of Peace area and some people do not know the entire story on this. Mr. Russell Houck, 750 Overton Drive N. E., addressed the Council and said often � it is not possible to get on the Coon Rapids golf course and the Fridley res9dents have to drive to Dayton. He mentioned the people of Richfield pay $100,000 a year to support the nature center and a golf course would Ge self supporting. Mr. Frank Hart, III, said he would like to see a golf course and he did not play goif. He said the children of the City can visit the Isiands of Peace to obtain the natural setting and view what war can do. He said he thought the older people of Fridley deserve a golf course. Rev. Winston Worden, 6121 Trinity Drive N. E., said he had been thinking about what is the future of mankind all over the world. He said what ever decision 7s made may change the destiny of mankind all over the world. He said the City was at a point in history and man cannot continue to destroy nature wi�hout destroying their own existence. He stated many environmentalists and men more qualified than himself say that man is on the threshold of destroying their environment, lie said North Park could be made into a golf course, but this would be taking away and destroying what God has given us. He stated the people should be the good stewards of nature. He mentioned the current attention being given to the matter of the energy crisis, and said all resourses are limited, and if the people do not take note of this, they will loose the land in terms of environment. Ms. Dona Cebula, 1427 Mississippi St. N. E., said she felt the City of Fridley needs a golf course. Ms. Cebula said she is a member of the Board of Directors of the Islands of Peace Foundation. She po�nted out that the previous summer many young people had visited the Islands of Peace and had gone back and related � stories of the area and its natural setting. She said she resided east of Old Central and close to Rice Creek and this is a beautiful place. She said there are many women in Fridley that wou7d need areas of recreationaT outlet. Mr. Bo6 P�erce, 609 Bennett Drive, said he would ltke to comment on the report. He sa�d the addition of the naturalist would add dimension, personnel, and interpretation to the staff . He said there is a lot to look for and this would provide help to all of the people of Fridley. He said the Council would have to consider North Park and the effect it has on the over all community and especially the business community. He said it has been the business community who has reduced the individual's taxes in the City. He stressed, the lower tax base is realized because of the industry in Fridley. He said with additional taxes, the business and industry in the area could be driven away, and then there would be problems in the City. REGULAR GOUNCIL MEETING OF JANUARY 21, 1974 PAGE 7 �, Mr. Richard Young addressed the Counci7 and said a decision on the North Park usage is long overdue, but if the Council would make a dectsion on the matter at the present meeting, he would think this to be an injustice to the people of Fridley. He said there had been no publication of the present discussion and the people should be informed in advance to make them fully aware of the considerations of the Council. �Mayor Liebl questioned Mr. Young on a statement of the vote at a recent Jaycees meeting where the vote was split, 50 - 50, with five abstaining from the vote on the utiliz- ation of North Park. Mr. Young said the vote had been taken in April of 1973 and it was equally divided. Mayor Liebl said he had heard something concerning the vote and he would like this a matter of record. He said he is not an office holder, he is only a member. Mr. Young said any statements he has made about the vote would be only as a citizen, not as the President of the Jaycees. Mayor Liebl said Mr. Young had previously said the vote had been in favor af a nature center. Mr. Young said he had never said this, he was personally tn favor of a nature center, but he is not the Jaycees, he is only a member. Mr. Andrew Kohlan, 236 Rice Creek Blvd., addressed the Council stating the question of the utilization had been discussed at great length for the last two and a half years. He said now it would be a matter of deciding and there would be some who would not agree wtth the decision. He said the longer the Council waits to make a decision, the more the project will cost and the more complex the problems become. He firmly stated, make a decision, and let's go from there. Mr. Dave Harris, 470 Rice Creek Blvd., addressed the Counci7 and said he approved of the comments and the consideration of the report. He said the decision is not easily made. Mr. Harris stated he had been involved in the issue for a long time and had been on the Council during the acqutsition of the property and had represented � the C�ty before the State of Minnesota to get the funding for the acquisition. He pointed out that tax dol7ars had been used for the acquisition and he could not take the position that the economic considerations are not important, they are imp�A�tant he added. He said the funds for the project had been provided by tax payers money through LAWCON funds, City of Fridley funds, Federal grants, and there must he a storm sewer pro�ect compleied there. He said there is an economical factor, and the City would have a responsibility to the people. He noted that up until the present time, nothing had been done with the property. He said a private citizen would not buy a piece of property to simply put up a 24 by 24 foot garage on 7t, and call it a business, he would want to get the ultimate use of the property. He said the installation of the golf course would be the ultimate use of the property. Mr. Harris felt it would be a disservice to the people of Fridley if the large engin- eering process for the storm sewer would have to be gone through at an additional expense to the people. He favored the decision reached by Mayor Liebl to provide a dtvided recreational benefit. He said any ,7udgement made on the matter should be made with the econom�cs of the City in mind. He said the City could provide something or nothing, but the Council would have to consider the best interest of the entire City. He said there may be some legal questions about the profit and he was certain there would be some serious legal problems posed by other groups of people. He said if the Council was not intending to take action at the present meeting, he would request that those favoring the installation of a golf course would be able to present their case to the Council. He continued saying his group was prepared to conduct a study and they have material prepared. He stated, he thought the Council should obtain information from both proposed programs. � Mr. Ed Wilmes, Founder of the Islands of Peace, addressed the Council and stated, although, the Islands of Peace is primarily for the handicapped,9t was not intended for the exclusive use of the handicapped and was not �ntended to keep the able 6odied from the hanidcapped. Mr. Wilmes listed some of the people who had taken an interest 7n the pro,7ect and had aided in the realization of �he project. He stressed those people who had aided in the creation of the facility were people who were concerned with maintaining the area in its natural state. He said many school children and elderly people have visited and the elderly express enthusiasm for return�ng the following year. He said the door to the Islands of Peace is open to all. Mr. Dean Caldwell, 5874 Hackmann Circle, said it was good to see so many people present at the meeting, it appeared they were actively taking an interest in the City government. He said there had 6een two large issues in Fridley recently, CATV and North Park. He continued he knew that there was a lot of scrambling about CATV and finally the Council agreed to the referendum. A vote was taken and the ��) REGULAR COUNCIL MEETING OF JANUARY Z1, 1974 PAGE 8 people wanted. He said he could not see any reason for acting until the thoughts of the people had been expressed. Counalman Breider asked Councilman Starwalt if he was still reluctant to act on the issue that evening. Councilman 5tarwalt said not as reluctant as he was earlier in the day. Councilman Bretder sa�d he thought the Administration should prepare a job description � for a naturalist for the Council's review. He said the City would have to look for a firm for the construction plans before any estimates could be compiled. He said this process may take the Administration some time to complete. MOTIO�V by Councilman Breider to authorize the Administration to prepare a job descrip- tion for a naturalist and at the same time search for an architectual firm which can design a golf course to set the cost estimates for the golf course-and that this should 6e placed on the agenda the second meeting in February, and that the Administration would consult with the fiscal consultants concerning the revenue bonds and their issuance and obtain a report and preiiminary steps with the route that is to be followed. Seconded by Councilman Starwalt. Mayor Liebl addressed Dr. Trezona stating he believed the citizens of Fridley wou7d appreciate the interpretive program and the other items in the recommendation he had made to the Council. He said if the program is set up through the County, the citizens of the entire area would benefit by this and those in the metro area would also use the facility. In this case, the City of Fridley would not be paying for a facility for the entire metro area. He said this had not been an easy decision and he said the members of the Council are not perfect. He said he had gone into his area and got the pulse of the people. Mayor Liebl said those not in favor of the decision should not go away like loosers, but ban together for the good of the community. Councilman Starwalt sa7d he was prepared to proceed with a motion Councilman Nee said he would abstain on the motion. He said if he vote, it wouid be assumed that this was a vote for the golf course. He said he is not opposed to the procedure. UPON A ROLL CALL VOTE, Mayor Liebl voting aye, Councilman Utter voting aye, Councilman Nee abstaining, Councilman Breider voting aye, Councilman Starwalt voting aye, Mayor Liebl declared the motion carried four in favor of the motion and one abstention. MOTION by Counc�iman Starwalt that the area generally referred to as North Park be designated as the North Park Golf Course Site. Seconded by Councilman Breider. Upon a roli call vote, Councilman Nee voting nay, Counciiman Breider voting aye, Councilman Starwalt voting aye, Mayor Lieb7 voting aye, and Councilman Utter voting aye, Mayor Lieb] declared the motion carried four to one. RECESS: Mayor Liebl declared a ten minute recess at 9:22 p.m. RECONVENED: fNayor Lieb7 reconvened the mFeting at 9:47 p.m. ORDINANCE N0. 556 - FOR VACATION 11. BY ALLEN ZEIS. TO VACATE HICKORY MOTION by Councilman Utter to waive the second reading and adopt Ordinance #556 on the second read�ng. Seconded by Councilman Starwalt. Upon a roll call vote, Councilman Breider, Councilman Starwalt, Mayor Liebl, Councilman Utter, and Council- man Nee voting aye, Mayor Liebl declared the motion carried unanimous7y. RECEIVING THE MINUTES OF THE BOARD OF APP�ALS MEETING OF JANUARY 15, 1974: L_ � � MINNESOTAI: REGULAR COUNCIL NIEETING OF JANUARY 21, 1974 PAGE 9 The City Manager sa�d the Board of Appeals had recommended approva7 of the request in the sign vartance which was for the purpose of changing the wording of the sign for special events. Councilman Starwalt said the applicant had ordered the sign and did not know until after that time that this was not a Conforming use in the Code�. He said � he thought the adJit�on would be a benefit to the applicant and the area. MOTION by Councilman Starwalt to concur wtth the recommendation of the Board of Appeals and approve the request for the sign variance for Ground Round. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. A REOUEST FOR A VARIANCE OF SECTION 214.053, l. FRIDLEY SIGN ORDINANCE S Mayor Liebl said the Board of Appeals had recommended to the Council that the request be approved. MOTION hy Councilman 5tarwalt to approve the variance as requested for Fridley Office Supply that the two unused signs be replaced and that the area be cleaned up. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the mot�on carried unanimously. A REQUEST FOR VARIANCES OF: SECTION 205.053, 4, FRIQLEY CITY CODE, TO RE�UCE THE FRONT YARD SETBACK FROM 35 FEET TO 3.20 FEET, AN�. SECTION 205.053.4B. TO � SAME BEING 98 RICE CREEK WAY N. �„ FRIDLEY MINN CONSTRUCTION COMPANY, 10757 UNIVERSITY A ENUE N. Foundation Existina at this time on v. MOTION by Councilman Breider to approve the variances as requested by Degardner Construction Company for 98 Rice Creek Way. Seconded by Counci7man Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Nee to concur with the Board of Appeals recommendation and approve the variance requested by Mr. Gary Bettcher at 7132 Riverview Terrace N. E. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. A REOUEST FOR A VARIANCE OF SECTION 205.053. 5A t � MOTIONVby Councilman Starwalt to approve the variance for 5400 Matterhorn Drive - N. E. as requested by White Oak Builders. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Utter to receive the min�te5 nt the Board of Appeals meeting of Janury 15, 1974. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimous7y. RECEIVING THE MINUTES OF TH� HUMAN RELATIONS COMMTTTEE MEETING OF JANUARY 3, 1974 MDTION by Councilman Starwalt to receive the minutes of the Human Relations Committee Meeting of January 3, 1974. Seconded by Councilman Utter. �I�l Ai � REGULAR COUNCIL MEETING OF JAN�ARY 21, 1974 PAGE 10 Councilman Starwalt said the request of the Committee was to increase the membership, but he would not recommend the membership be enlarged, but rather that the Council make an effort to appoint members who will strive to attend the meetings. Mayor Liebl said the Chairman will suggest the appointments and the Council will make their choice knawn. �PON A VOICE VOTE, all voting aye, Mayor Lieb7 declared the mot�on carried unanimously. � CONSIDERA7ION OF A COMMUNICATION FROM SCHIEFFER, HADLEY, BAKKE AND JENSEN REGARDING T MOTION by Councilman Utter to receive the communication from Schieffer, Hadley, Bai<I<e and Jensen regarding the Order of Judge Iverson - Metropolitan Sewer Board versus the City of Fridley adn the SAC Lawsuit. 5econded by Councilman Starwalt. Upon a voice vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously. The Finance Director, Marvin C. Brunsell, said he would recommend the Council take action authorizing the Administration to make the payment. The City Attorney said the City wouid have no choice, this had been a District Court Order. He continued, this had been a preliminary action and if the Court would decide in favor of the City in the future, the money would be refunded, or, if otherwise dec�ded, the money would be applied to the balance due. MOTION by Councilman Breider to authorize payment of the SAC charges with interest. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Councilman Nee asked the amount of the payment and the Finance Director said th�s would he about $60,000, � CONSIDERATION OF RECEIVING A 25'UTILITY AND DRAINAGE EASEMENT ON LOT 3, BLOCK 2, Councilman Starwalt said he had no objections to the lot split and the ditch is presently being worked on. Ne said he would like to go to the site and review the installation the first thing the following morning. He said he would like to know if what is being done is what had been authorized by the Council. He wanted to be sure everyone in the area ts satisfied. MO7IOfV by Councilman Starwalt to authorize the City Administration to accept the 25' drainage and utility easement on Lot 3, Block 2, Spring Valley Addition, with the stipulation that the lot split be granted at the time when the road would be installed in the area in the future, and also that the lot split would be granted to the other people in the future if this is requested and that the letter as included in the agenda to Mr. Eyler from the Ass�stant Engineer, Richard Sobiech, be sent to the other property owners in the area that may be affected. Seconded by Councilman Utter. Mr. W. C. Eyler addressed the Counci7 and stated he was the property owner. He said he understood in time, there may be a road cut through the existing lots. He said this splitting of the property with the subtraction of the 25 foot drainage and uttlity easement would leave an undersized lot of 62.5 feet by 150 feet. ne said this would not meet the requirements for a minimum size lot in the Ctty of Fridley. Ne requested � the lot split not be made at the present time because his payment for sewer and water would be twice as much as they area at the present time. He said requested in the future, if the road is cut through, that he be allowed to split the property and build on the 7,750 square foot lot. The City Manager repeated the applicants request that the lot not be split at the present time, but be split when and if the roadway would be installed. tle said this would only be split if the property owners would desire it split. He said he did not have to split the property. Mr. Ken Hollister, 1466 64th Avenue N. E., asked if this arrangement would also apply to his property, The City Manager said this would apply to him also. He said the letter would be sent to all property owners in the 61ock. REGULAR COUNCIL MEETING OF JANUARY 21, 1974 PAGE 11 Councilman Starwalt asked if this would divide the property and the City Manager said if the property owners in the area want this, this would be done at that time. He said he would stipulate that if they desire a lot split, there would be no trouble obtaining such a split with the undersized lots. He said he did not think the people should be penalized for giving the land to the City for the easements. �A resident of the area addressed the Council and questioned why the ditch was betng installed in the area where the property owners had made improvements on their property. He questioned if the ditch could be moved to the side of this area where nothing had been done to the property. The City Manager said he would be in the area in the morning before the work would start and if there were any modtfications to be made for any reason, this would be done. He added, they would want the property owners to be happy. Councilman Starwalt said he would be in the area at 7:30 a.m, to determine if the work is being done in the proper area, UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING PROPOSED ORDINANCE FOR RECREATIONAL MOTOR VEHICLES: Mayor Liebl said he would recommend the Council receive the proposal and take no action on the matter at the present meeting. Councilman Breider said he had asked that the proposal be prepared to follow up the discussion at the previous meeting of the Council. MOTION by Councilman Utter to recei+� the proposed ordinance ar� take no action on the proposed ordinance at the present meeting. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl dec1ared the motion carried unanimously. �The City Attorney expressed the hope that something could be done ahout the snowmo6iles. He sa7d the City had purchased one, but he thought it would be more feasible for the City to have additional vehtcles to enforce the present ordinances. Mayor Liebl stressed he would not want something that would be repugnant to the people and he felt very stronqly that the Council be very careful not to step on any other people. He said if the requirements are abused, they should be enforced. The City Attorney asked the members of the Council to review the draft of the �cdinance and make ��ecommendations for its modification. He said he would revise the ordinance if they would let him know what their goal is. Councilman Breider said the snowmobiles are not causing problems like the minibikes. He said the noise is not a factor because they are being used in the winter months when the property owners windows are closed, and there is no dust from the operation of the snowmobiles. He recommended they be prohibited entirely in some areas Counc�lman Breider felt the present ordinance is adequate for snomobiles. Councilman Utter pointed out that there are other regulattons regarding the use of the snowmobiles. Councilman Utter added, if the operators of the snowmobiles are caught, they can 6e fined. RECEIVING RESIGNATION FROM THE REVEREND �OUGLAS HENDERSON, HUMAN RELATIONS COMMIT7EE: MOTION by Councilman Breider to receive the resignation from the Rev. Douglas M. Henderson as a member of the Human Relations Committee. Seconded by Counci7man Utter. �Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously Mayor Liebl directed the Administration to prepare a certificate of appreciation. RESOL�TION #17-1974 - REOUESTING THE RICE CREEK WATERSHED DISTRICT TO MAKE STUDIES AN� MOTION by Councilman Nee to adopt Resolution #17-1974 requesting the Rice Creek Watershed District to make studtes and improvement regarding Rice Creek and Locke Lake within the City of Fridley. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl said the City had not made a request for action previous to this time. He asked the Administration to get in Touch with the P. C. A. L; i' REGULAR COUNCIL MEETING OF JANUARY 21, 1974 CLAIMS: GENERAL 34352 - 34426 LIQUOR 8522 - 8592 PAGE 12 MOTION by Councilman Utter to approve the aforementioned claims. 5econded by Councilman Nee, Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanim- � ously. LICENSES: BY APPROVED BY GAS SERVICES: Ahel Heating Incorporated Raymond Olson 266 Water Street Excelsior, Minnesota 55331 GENERAL CONSTRACTDR DaVerne Corporation Serendipity Court New Brighton, Minnesota 55112 HEATING David E. Ficek Abe] Heating Incorporated Raymond Olson 266 Water Street Excelsior, Minnesota 55331 C. 0. Carlson Air conditioning Co. 709 Bradford Avenue North Minnapolis, Minnesota 55411 John Jenkins SIGN ERECTOR Lawrence Signs Incorporated Mike Gifford 945 Pierce Butler Route St. Paul, Minnesota 55104 CIGARETTE Hudson Oil Company 7315 Highway #65 Fridley, Minnesota 55432 HOUSE TRAILER Ralph Swaney, Jr American Auto Listings Franchising Systems Corp. 7395 Highway #65 Fridley, Minnesota 55432 W. Sandin C. Belisle W. Sandin W, Sandin C, Belis7e Public Safety Director MOTION by Councilman Utter to approve the aforementioned licenses. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Lieb] declared the motion carried unanimous7y. ESTIMATES: Mr, Car7 J, Newquist Sm7th, Juster, Fe�kema, Haskvitz & Casserly Builders Exchange Building Minneapolis, Minnesota 55402 Prosecution work during December 1973 Comstock & Davis, Inc. Consulting Engineers 1446 County Road J Minneapolis, M�nnesota 55432 PARTIAL Estimate #11 for Water Improvement Project No. 111 from December 3 through December 29, 1973 $ 1,180.00 62.22 � l_� REGULAR COUNCIL MEETING OF JANUARY 21, 1974 Weaver, Talle & Herrick 316 East Main Street Anoka, Minnesota 55303 Services rendered durin� December 1973 PAGE 13 $ 1,]00.00 MOTION by Councilman Nee to approve the aforementioned estimates for payment, 5econded �by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. � APPOINTMENT: POLICE TECHNICIAN: NAME Steven H. Eggert 5770 Hackman Ave Fridley POSITION Police Technician N. E.Police Department SALARY $638 per month STARTING DATE Jan. 22, 1974 REPLACES Amy Hurron MOTION by Councilman Utter to appoint Mr. Steven H. Eggert, Police Technician in the Police Department effective January 22, 1974. 5econded by Councilman 5tarwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. NSP: REPORT ON INSTALLATION OF STREET LIGHTS: MOTION by Councilman Starwalt to receive the report on the installation of the Street lights. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. GEORGE M. HANSEN COMPANY: AU�IT aF REVENUE SHARING FUNDS FOR THE YEAR 1973: MOTION by Councilman Starwalt to receive �nd concur in the audtt of the Revenue Sharing Funds for the year 1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION REGARDING MOTIQN �y Councilman Utter to receive the communication from Senator Walter Mondale regarding the City's Resolutton regarding Firefighters being excluded from the overtime provisions, dated January 8, 1974. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. NORTHERN STATES POWER COMPANY: RATE INCREASE: A. ELECTRIC PRICE INCREASE B. MUNICIPAL STREET LIGHTING RATE C. MUNICIPAL WATER PUMPING RA7E Mr. John Ranck, N. S. P., addressed the Council and stated the last increase in rates had been in 1971 and this was an 8% increase. Councilman Breider stated, this increase was for the tncorporation of developing the Suhurban Rate Authority. Mr. Ranck said the Company would favor a State regulatory body, this would be betier in lieu of nothing at all. �MOTION by Councilman �tter to receive the communications from Northern States Power Company concerning the increase in rates dated January 18, 1974. Seconded by Councilman — Starwalt. Upon a voice vote, all voting aye, Mayor Lieb7 declared the motion carried unammously. RESOLUTION #18-1974 - REQUESTING SUBURBAN RATE AUTHORITY TO REUIEW MINNEAPOLIS GA5 rnnno niv nonrrniior nr rcTrn�n�Tnirt niTUi v cr❑ on i rn Tur rncTnnnroc. Councilman Breider said he had talked to many people about this procedure, and they would like some answers. MOTION by Councilman Breider to adopt Resolution #18-1974 requesting the Subur6an Rate Authority to review the Mrnneapolis Gas Company procedure of est�mating monthly user bill to the consumer. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Lie61 declared the motion carried unanimously. k �Y REGULAR MEETING OF JANUARY 21, 1974 OF PAGE 14 The City Manager expressed concern for the establishment of some modified plans for the improvement of the East River Road area. He said the modified plan would allow the construction of access to be safer for the residents of the community. He pointed out on the map on the easel the area of the intersection of I. 694 and , East River Road and stated the right of way had been cleared with the Minnesota Highway Department and the plan would shorten the ramp. He said the p7an had received the general concurrance of the property owners in the area. He pointed out there would be another entrance on Charles Street and East River Road. He said presently, the only other entrance to th� roadway is north of the school property at the existing traffic signal. The City Manager said the plan would provide a t�ood traffic pattern. He stressed, he would like further indication from the Council so the details of the plan could be worked out with the County. He said the major property owners have already approved the modified plan. He pointed out that big question to be in the area of East River Road from 67st to Mississippi Street. He said this plan caTled for alternate streets being alTowed access to East River Road. He said the plan would not take any homes, The City Manager said he would need an indication from the Council on the question of installation of turning lanes, bike lanes, shoutders, side wa7ks and the width of the roadsvay. He said it would be up to the Council to determine the width and the facil�ties. Councilman Nee said he would like at least the sidewalk instailed. Mayor Lieb1 said the City should make the improvements on East River Road by Downing � Box before someone gets killed. The City Manager said the sidewalk could be all of the shoulder and this could serve a dual purpose. He continued saying the entire plan would not have to be completed at one time, this could be done in steps. He said he would like to request the funding from the County. Councilman Nee said he thought the plan to be very constructive and a good plan. He said the only question would he the "C" section or that from 61st to Mississippi Street. The City Manager said the CourCii had authorized the project previously,6ut he thought the hearing process should be gone through to inform the area property owners. He said he would tell the County that there was concurrance on the plan in Areas A and B, but would need some further discussion in Area C. MQTIOIU by Councilman Nee to approve Areas A and B and authorize the Administration to draw a detailed plan to be presented to the County indicating the improvement. Seconded by Counci7man Utter. Upon a voice vote, a17 voting aye, Mayor Liebl declared the motion carried unanimously. Councilman Breider asked if it would be possi6le to draw a perspective as it related to the area structures. � Councilman Nee said the Council is in agreement that there should be a shoulder provided. The City Manager asked if the sidewalks should be installed. Councilman Breider repeated, he would like to see a color perspective liefore he could determine the relative positions of the �tems being discussed. The City Manager said the Engineering Department could prepare a detailed plan. Councilman Breider said when the people are reviewing thep lan, they should have something to see. He pornted out that the City Council requtires all �pplicants for building permits to provide colored plans for review by the Council. He repeated, the City should show the people. MOTION by Councilman Nee to authorize the Admim stration to draw a detailed plan of Section C, one with and one without sidewalks and this plan to show the location of the structures in thearea. Seconded by Councilman Utter. Upon a voice vote, all Voting aye, Mayor Liebl declared the motion carried unanimous7y, REGULAR COUNCIL MEETING OF JANUARY 21, 1974 ADJOURNMENT: PAGE 15 MOTION by Councilman Breider to adjourn the meeting. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of January 21, 1974 adjourned at 11:26 p.m. � Respectfully submitted, ���,�, ��°, Patricia Ellis Secretary to the Ctty Council � , Date Approve � � ���ti�� +�C�. Frank G. Liebl; Mayor uy