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02/25/1974 - 00016011� � � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF FEBRUARY 25, ]974 The Regular Meeting of the Fridley City Council of February 25, 1974 was called to order at 7:32 p.m. by Mayor Liebl. PLEDGE OF ALLEGIANCE: Mayor Liebl led the Council and the audience in saying the Pledge of Allegiance to the Flag. INVOCATION: The Invocation was offered by Mayor Liebl. ROLL CALL• MEMBERS PRESENT MEMBERS ABSENT PRESENTATION OF AWARD: Councilman Utter, Councilman Nee, Councilman Breider, Councilman Starwalt, Mayor Lieb7. None. F KM YOUTH ACHIEVEMENT AWAR� - DAVID HOLTZE, EAGLE SCOl1T: Mayor Liebl commended Mr. Holtze on his outstanding accomplishment and read the Youth Achievement Award aloud. The members of the Council and audience sood and applauded Mr. Holtze. Mr. Holtze thanked the members of the Council for the award. APPROVAL OF MINUTES: SPECIAL MEETING OF THE FRIDLEY CITY COUNCIL OF JANUARY 15, 1974: MOTIOW by Councilman Utter to adopt the minutes of the Special Meeting of the Fridley City Council of January 15, 1974 as presented. 5econded by Counc�lman Nee. Upon a voice vote, all vottng aye, Mayor Liebl declared the motion carried una m mously. REGULAR COUNCIL MEETING OF JANUARY 21, 1974: MOTION by Councilman Breider to adopt the minutes of the Regular Meeting of the Fridley City Council of �anuary 21, 1974 as submitted. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. REGULAR COUNCIL MEETING OF FEBRUARY 4, 1974: MOTION by Councilman Starwalt to adopt the minutes of the Regular Meet�ng of the Fridley City Council of February 4, 1974 as presented. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the moti�n carried unanimously. ADDPTION OF AGENDA: Counci7man Breider said he would like to amend the Agenda with the addition of the consideration of asking Anoka County for action on the John Erickson Park Crossing. MDTION by Councilman Starwalt to adopt the agenda as amended by the addition of consideration of the John Erickson Park Crossing. Seconded by Councilman Breider. lJpon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. VISITORS: REVEREND WINSTON WORDEN, 6121 TRINITY DRIVE: Rev. Worden addressed the Council stating he is the Chairman of the Fridley Beautification Association and he had a petition w�th 4,185 signatures of the Citizens of Fridley who favored the adoption of the proposed ordinance to protect the trees in Fridley on public properiy. Note: Council received addttional petitions during the meeting for a to�al of 4,233. Rev. Worden said he would like to present the petit�ons to the City Clerk, Marvin C. Brunsell. �� �� REGULAR MEETING OF FEBRUARY 25, 1974 PAGE 2 Mayor Liebl said Rev. Worden may preseni the petitions to Mr. Brunsell at that time. He explained according to the City Charter, the City Clerk would check out the signatures on the petitions and the Council wouTd consider this petition after this has been done. MRS. LEE ANN SPORRE, 301 IRONTON: � Ihrs. Sporre, addressed the Council and said she had attended the meeting of the Metropolitan Airport Commission the past week and at that meeting, the Airport Commission had approved s�te number two for a Fridley golf course site. 5he stated, now, the City of Fridley could have a comprehensive golf program. She said she would like to show the members of the Council a chart which had been used by the ad hoc Committee and had been prepared by the consulting firm, Brauer and Associates. She indicated by use of the chart that the Airport site had not been eliminated because it was unsuita6le, bui because of the possibility of the red tape involved in the acquisition of the site for a golf course. Mrs. Sporre asked the mem6ers of the Council if they would reconsider the arguments within the Brauer report as they related to the usage of the airport site for a golf course. Mayor L�ebl thanked Mrs. Sporre for her comments. MR. NEIL CHRISTENSEN, 561 63RD AVENUE N. E.: Mr. Christensen addressed the Council and said he was the Chairman of the Earth Week act�vit7es at the Fridley High School. He presented the Council with a petition from the H�gh School students which he said contained 303 signatures urging the support of the ord�nance. Mayor Liebl asked Mr, Christensen if he was fully aware of what the petition meant and, also, asked if all those who had signed the petition were furn�shed with a thorough explanation. � Mr. Christensen said all were aware of the intent of the ordinance. Councilman Nee sa�d the petition from the High School students was not an official and certified petitton. Rev. Worden agreed. MR. HENRY PETERSON, 6312 PIERCE ST. N. E,: Mr. Peterson addressed the Council and said a lady had come to his home with the petition for the ordinance. He said the lady had said the �etition would stop the City from destroyin9 trees in Fridley. He questioned if this was told to all who were contacted about the petition. He said there was no explanation of whether the trees were in the person's yard or in North Park. MRS, JEAN SCHELL, PRESI�ENT, FRIDLEY LEAGUE OF WOMEN VOTERS: Mrs, Schell addressed the Council and said she had heen the person who had approached Mr. Peterson at his home about the petition. She said she explained that the petition was designed to preserve and protect North Park. MR. KEN SPORREE. 301 IRONTON N. E.: Mr. Sporre said everyone was 9iven the opportunity to read the ordinance and the ordinance did state that it referred to all City owned property. He repeated, this would apply to the whole park system and all of the land in the Cicy� of Fridley. He ' said if there was any questions on North Park, they were exp7ained fully and thoroughly. MR. ROBERT ERICKSON, 565 57TH AVENIJE N. E.: Mr. Er�ckson addressed the Council and said he would like to commend the Council for taking the action in favor of the instal7ation of the golf course on the North Park site. He said he thought there should be some adu7t activity in the City of Fridley. He stated, this{is badly needed. He said this would take much planning of professional people just to establish an acceptab7e golf course. He stated, he wished something couTd be done to speed up the insta7lation of the golf course. Mayor Liebl said it would be the responsibility of the Council to uphold the obligation of the City Charter. He said if the Chairman of the Beautification Association had �II �J � � ,� ,� REGULAR MEETING OF FEBRUARY 25, 1974 PAGE 3 o6tained enough signatures, there would be a referendum, He commented that he and all the other members of the Council had taken an oath to uphold the City Charter. He said he thought the people would agree with the four to one vote of the Council. He repeated, the signatures on the petitions would have io be checked out by the City Clerk. He said he would like the counsel of the City Attorney at this time to determine if the matter of the ordinance would be voted on at the proper time. He asked the City Attorney what the City Charter spells out regarding the matter. The City Attorney said he would suggest the petition 6e turned over to the City Clerk and when the tally ts completed, the matter would be directed back to the Council for consideration. OLa BUSINE55; DRDINANCE #558 - TO AMEND CHAPTER 11, SECTION 11.10, FEES, OF THE CITY CO�E OF THE CI Y F FRID EY PUB IC PO S: MOTION by Councilman Nee to waive the second reading of the Orditiance #558 and adopt Drdinance #558 on the second reading and order publication. Secunded by Councilman Starwalt. Upon a roll call vote, Mayor Liebl, Councilman Utter, Council- man Nee, Councilman Breider, and Councilman Starwa7t voting aye, Mayor Leibl declared the motion carried unanimously. NEW BUSINESS: RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 6, 1974' MOTIDN by Councilman Breider that since none of the items in the minutes of the Planning Commission meeting of February 6, 1974 required any Council action at the present time, that the minutes be received. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liehl declared the motion carried unanimously. RECEIVING REPORT FROM CITY ADMINISTRATION REGARDING V. F. W., 1040 OSBORNE ROAD N. E.: Mayor Liebl questioned if the report should be received and a pub7ic hearing set on the matter on a regular public hearing meeting of the Council. Councilman Breider said he had a recommendation and he said he thought there should be scm,e attention given the matter by himself. He stated the V. F. W. has done much for the City of Fridley, but he would propose some plan be prepared for the alleviation of the current problems, Ne suggested this matter be brought back to the Council in the period of two weeks for consideration of the plan for the elimination of the problems. He also suggested at the time of the consideration that a probationary per�od be set for from three to six months and if any further problems arise during this time period, the license would be suspended and the facility closed, He said the operations could be reviewed at the end of the probationary period, Mayor Liebl said he did not think the members, themselves, were the ones causing the problems. He said this had only happened when the facility is rented and it is the third part causing the problems. Councilman Breider said he thought the membership did have some obligation to screen the actiuities. He stated there is no problems with rentals at the Knights of Columbus Hall. He stated, if the membership cannot police the activities, they should not rent the hall. He said according to the report, there was no officer on duty at the time the hall was rented and the trouble was recorded. He said the police officer should present, this would be an offense in itself. Councilman Nee questioned if there could be some sort of comparison made to the operation of the other liquor estab7ishments in the City at the time of the review of the matter. He said he would hate to evaluate the V. F. W. only. He said this may be a normal level of acttvity for some place that serves liquor. The City Attorney said there should 6e a representative of the organization present at the meeting when this solution is reviewed. MOTION by Councilman Brzider to ask the Fridley V. F, W. to prepare a plan for the Council consideration two weeks from now on the proposed method of solv�ng the prohlems at the clu6 on Osborne Road and that the Administration request the off�cers of the V. F. W, be prasent at that meeting two weeks from the present meeting. Seconded by Councilman Utter. Upon a voice vote, all uoting aye, Mayor Lieb] declared the motion 1' k� REGULAR COUNCIL MEETING OF FEBRUARY 25, 1974 carried unanimously. PAGE 4 CONSI�ERATION OF A RESOLUTION SUPPORTING H. F. 3258 RELATING TO FAIR SHARE REQUIREMENTS FRPB I E Y S: Mayor Liebl asked the Acting City Manager/Finance Director, Marvin C. Brunsell, for the specif�c details on the dues portion of the statement. Mr. Brunsell said the amendment , would make the bargaining unit more equitable. He said all of the employees in the bargaining unit are required to pay union dues whether or not they ,7oin the union. Mr. Brunsell continued, the people are required to pay their fair share and this cost had been determined by the union. w\ Mayor Liebl said he thought if a person was to be full time, he should pay his fair share of the union dues. He said all those on the full time basis and receiving the same benefits should pay the same amount of dues. Councilman Nee said he felt he did not understand the state wide implications of the proposed amendment and quest9oned getting involved in the decision making. Ne questioned the payment of 60% by some full time and full payment 6y some full time emp]oyees. MOTIOfV by Counci7man Nee to tab7e the consideration of the resolut�on and bring the matter back for Council consideration including only the part time employees. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl said the resolution should be rewritten to include only part time employees and then, the Counc�l would reconsider the adoption. ON #27-1974 - APPROVING AGREEMENT BETWEEN THE CITY OF FRIDLEY AND ANOKA COUNTY MOTION by Counci]man Starwalt to adopt Resolution #27-1974, approving the agreement � between the City of Fridley and Anoka County for improvement of Mississippi Street between Central Avenue and Stinson Boulevard. Seconded by Councilman Utter. Upon a voice vote, all vot�ng aye, Mayor Liebl declared the motion carried unanimously. AND ANOKA COUNTY � MOTIOIV by Councilman Starwalt to adopt Resolution #28-1974 approving the agreement between the City of Fridley and Anoka County over the maintenance of Rice Creek Road and Central Avenue to Stinson Boulevard. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Leibl declared the motion carried unanimous7y. - ORDERING IMPROVEMENT, FINAL PLANS AND SPECIFICA7IONS AND ESTIMATES . cc .ci,i i n. MOTIOid by Councilman Breider to adopt Resolution #29-1974, ordering improvement final plans and spectficattons and estimates of the costs thereof: SS&SW #114. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF STIPULATION FOR SETTLEMENT AND DISMISSAL OF KNIGHT PETITION FOR DECLARATORY JUDGEMENT AN THE CI7Y F FRT� EY CR 5S AI : The City Attorney said he had asked that this be placed on the agenda for consideration � at the present meeting. He explained that Mr, Knight had brought action against the City of Fridley and the County Aud�tor. He said this was regarding the saie of tax forfeit property. He explained the question was in the recertification of some existing special assessments. The City Attorney said he had filed a cross complaint against the Anoka County Auditor, and the County would be making payment to the City. He referred to page 2-A of ihe agenda and said the County had improperly allocated some of the assessments after the sale. He said his recommendation would be approval of the stipulation which would dismiss the law suit. He said the County agreed with the procedure. MOTION by Councilman Utter to concur with the recommendation of the City Attorney and approve the stipuiation for settlement and dismissal of the Knight Petition for Declaratory Judgement and the City of Fridley Cross Claim. 5econded by Councilman 5tarwalt. Upan a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. � �� REGULAR MEETING OF FEBRUARY 25, 1974 CONSIDERATION OF SETTLEMENT PROPOSAL - SUBURBAN ENGINEERING, INC.: PAGE 5 Mayor Liebl said he would recommend this action be continued until the City Manager is present. The City Attorney said he would agree with this recommendation, but he would not be present at the next meeting of the Council, and would like to explain to the Council what the present status of the matter would be, The City Attorney said the settlement concerned Qunkley Surfacing and Suburban Engineering, Consulting Engineers. He said there was an increase of the amount of work needed which increased costs of the pro�ect. He said there were $21,000 in additional costs. He said the City decided not to pay the additional costs, stating the negligence was on the part of the consulting engineers. He said the City had not paid the increase cost price to this point. He explained the City had 6een offered an out of court settlement by the carriers of the Consulting Engineer's errors and ommissions insurance in the amount of $5,000. He said he was not ready to recommend acceptance of this amount at this time, and he would suspect this would also 6e the position of the City Manager. The City Attorney said the City Manager may want to add something to his comments on this matter and this could be discussed at the next meeting of the Council. MOTIOiV by Councilman Breider to table the consideration of the settlement proposal of Suburban Engineering. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #30-1974 - APPROVING AND AU7HORIZING THE SIGNING OF TH MOTION by Councilman Uiter to adopt Resolution #30-1974, approving and authortzing the signing of the agreement establishing working condit�ons, wages and hours of the �employees of the City of Fridley Police Department for the year 1974 (Po1ice Officers). Seconded by Counc�lman Starwalt. Upon a voice vote, all voting aye, Mayor Lie61 declared the motion carried unanimously. � ACCEPTANCE OF RESIGNATION: GENE GUSTAFSON - HUMAN RELATIDNS COMMITTEE: MOTION by Councilman Utter to receive the letter and accept the resignation of Gene Gustafson from the Human Relations Committee. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl directed the Admim stration to prepare a certificate of appreciation for Mr. Gustafson. He said Mr. Gustafson was a faithful member in attendance at the meetings. CLAIMS: GENERAL 34651 - 34664 LIQUOR 8624 - 8683 MOTION hy Councilman Utter to approve the claims. Seconded by Counc�lman Starwalt. Upon a voice vote, all voting aye, Mayor Lie61 declared the motion carried unanimously. LICENSES: MULTIPLE DWELLING: Robert Hoff Rt. 1, Box 322 Wyoming, Minnesota 55092 Darrel A. Farr Devel. Corp, 2810 County Road 10 Minneapolis, Minnesota 55430 Gordon J, Aspenson 17 Rice Creek Way Fridley, Minnesota 55432 ADDRESS 5401 4th Street N. E 1607 N. Inns6ruck 6489 Riverview Terrace UNITS 4 106 4 FEE APPRQUE� BY $15.a0 R. Aldrich, Fire Prev. 111.00 R. A7drich, Fire Prev. 15.00 R_ Aldrich. Fire Prev. MOTION by Councilman Utter to approve the aforementioned licenses. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ��� �, REGULAR COUNCIL MEETING OF FEBRUARY 25, 1974 PAGE 6 CONSIDERATION OF LICENSE TRANSFER FOR AMERICAN LEGION POST #303 FROM 6379 T. H. #54 0 1315 RICE CREEK RO D: MOTION by Councilman Breider ta approve the transfer of the licenses for the American Legion Post #303 from 6319 T, H. #65 to 7375 Rice Creek Road if the Rice Creek Road faciltty meets the standards of the County Health Inspector. Seconded by Councilman Utter. Councilman Starwalt questioned if all of the requiraments had been met by the Post and the owner of the facility. The Acting City Manager/Finance Director said the license could be approved pending meeting all of the requirements. Mr. Henry Peterson, American Legion Post #303, addressed the Council and said every- thing was 9oing smoothly and he had ta7ked to members of the Fridley staff and they were sure that all of the necessary requirement could 6e met. The City Attorney said he wouid like to explain what had been discussed that day at the Department Head Meeting of the City staff. He said there was enough parking for 25 stalls. He said if the ha,ll would be rented, there may be a need for additional parking stalls. He explained there was additional space in the complex for parking if there was no additional use of the adjoim ng facilities at the same time in the evening hours. He thought there was sane understanding reached on the parking in lieu of some arrangement with the V. F. W. people. The Finance Director/Acting City Manager said there would not be a final inspection made until the building is completed. He said another point the staff was concerned about was the possible placement of no parking signs on Central and Rice Creek Road for the distance of 300 feet from the corner. He said he would recommend the Council request the County to install these no parking signs. He said it would take a Council resolution to ask the County for the placement of the proposed no parking signs. UPON A VOICE VOTE, all voting aye, PRayor Liebl declared the motion carried unanimously. ESTIMATES: Progressive Contractors, Inc. Box 368 Osseo, Minnesota 55369 PARTIAL Estimate #11 for Street Improvement Project ST. 1972-2 (MSAP) PARTIAL Estimate #i0 for Street Improvement Project ST. 1972-2 (MSAP) Comstock & Davis, Inc. 1446 County Road "J" Minneapolis, Minnesota 55432 PARTIAL Est�mate #1 for Sanitary 5ewer, Water & 5torm Sewer Improvement Pro,7ect No. 114 from January 7 through February 1, 1974 $ PARTIAL Estimate #12 for Water Improvement Prnject No. 111 from December 31, 1473 through February 1, 1974 Carl Newquist, Prosecutor Smith, �uster, Feikema, Haskvitz & Casserly Builders Exchange Buiiding Minneapolis, Minnesota 55402 Services rendered as Prosecutor Weaver, Talle & Herr3ck 316 East Main Street Anoka, Minnesota 55303 Dated �anuary 6, T974 Services rendered for January, Dated February 20, 1974 424.62 4,583.09 4,333.89 217.80 1,100,00 1,450.00 � � � )"�i 9 _� REGULAR MEETING OF FEBRUARY 25, 1974 PAGE 7 MO7ION by Councilman Nee to approve the aforementioned Estimates. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF ACTION ON JOHN ERICKSON PARK CROSSING: MO7ION by Councilman Breider to ask the County Engineer to stripe and mark the �roadway in the vicinity of John Erickson Park Crossing and to install pedestrian crossing and children playtng signs and request the County to investigate the _ speed limit in the area. Seconded by Councilman Starwalt, Upon a voice vote, all vot�ng aye, Mayor Liebl declared the motion carried unanimously, COMMUNICATIONS: MACINTOSH, COMMERS & MICHAELSON: HOME OPPORTUNITY, INC.: MOTION by Counctlman Starwalt to receive the Cornmunication from MacIntosh, Corroners and Michaelson regarding Home Opportunity, Inc, and dated February 11, 1974. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Councilman Breider asked the Administration to forward the letter to the Fridley Housing Redevelopment Authority. Mayor Liebl said the letter would be forwarded to Chairman Carlson and he would call a meeting. CITY OF SPRING LAKE PARK: MONROE AND OSBORNE R�AD. MOTION by Councilman Utter to receive the communication from the City of Spring Lake Park concerning Monroe and �sborne Road intersection dated Fe6ruary 14, 1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. 'Councilman Breider said since a good ,7ob was done on the intersection, maybe, the City of Spring Lake Park would do sonething about the water problems. SENATOR HUMPHREY: PROVISION FDR FIREFIGHTERS: MOTION by Councilman Utter to receive the communication from Senator Humphrey concerning the provision for Fire fighters and dated February 12, 1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT: PUBLIC HOUSING BRIEFING MEETING: MOTION by Counci7man Starwalt to recetve the communication from the Department of Housing and Urban Development concerning Public Housing Briefing Meeting dated February 19, 1974. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. The Acting City Manager said there is a member of the Fridley staff that would be attending the meeting. MINNESOTA HIGHWAY DEPARTMENT: SIGNAL SYSTEMS ON T. H. #47 AND T. H. #65: MOTION by Councilman Utter to receive the communication from the Minnesota Highway �epartment regarding the signal systems on 7. H. #47 and T. H. #65 dated Fehruary � 6, ]974. Seconded by Counci7man Breider. Upon a voice vote, all voting aye, Mayor Leibl declared the motion carried unanimously. Couniclman Breider directed the Administration to provide the press with a copy of the letter from the Highway Department. GEORGE F. HESS: SUBURBAN RATE AUTHORITY - ESTIMATED GAS BILLS: MOTION by Councilman Breider to receive the communication from George F. Hess regarding the estimated gas bi11s and dated February 20, 1974. Seconded hy Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. REGULAR MEETING OF FEBRUARY 25, 1974 ADJOURNMENT; PAGE 8 MOTTON by Counciiman Breider to adjourn the meeting. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl dec7ared the motion carried unanimously and the Regular Meet�ng of the Fridley City Council of February 25, 1974 adjourned at 8:45 p.m. Respectfully subm�tted, �.�.� �c�.: Patricia Ellis Secretary to the City Council �;�;Yc.'a��t /c� / y �i� Date Approved �'r�.4w� � �C.. Frank G. Liebl,"Mayor � � ,