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07/01/1974 - 00015799r��7� THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 1, 7974 The Regular Meeting of the Fridley City Counci7 of July 7, 1974 was cal7ed to order at 7:35 P,M. by Mayor Liebl. PLEDGE OF ALLEGIANCE: Mayor Liebl led the Council and the audience in saying the Pledge of A7legiance to the Flag. INVOCATION: The Invocation was offered by Mayor L�ebl. ROLL CALL: PRES MEMBERS PRESENT: MEMBERS ABSENT TION OF AWAR�: Councilman Breider, Councilman Starwalt, Mayor Lie61, Councilman Utter, and Councilman Nee. None. CER7IFICATE OF APPRECIATION - �EAN CALDWELL, CABLE TELEVISION COMMISSION: Mayor Liebl called Mr. Caldwell forward to receive the award. Mr. Caldwel7 came forward and Mayor Liebl read the Certificate of Appreciation. Mayor Liebl presented the award on behalf of the entire Council and thanked Mr. Caldwell for his services and w�shed him luck in the future, Mr. Caldwell thanked the members of the Council and said it had been a pleasur�e serving on the CATV C��mmission. APPROVAL OF MINUTES: REGULAR COUNCIL MEETING OF MAY 20. 1974: Mayor Liebl indicated there was an error in the copy of the minutes for the May 20 meeting 7n his agenda. He pointed out that he had received pages 7 and 8 from June 10, 197�4 �n place of the May 20, 1974 pages 7 and 8. MOTION by Councilman Starwalt to adopt the minutes with the correction to be made in the Mayor's copy of the minuies. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebi declared the motion carried unanimousiy. REGULRR MEETING OF JUNE 3, 1974: MOTION by Councilman Nee to adopt the minutes as presented unless there were any additions or corrections from the other members of the Council. 5econded by Councilman Utter. Mayor L�ebl pointed out that in the third paragraph from the bottom of page 9, there was a typographical error in the word screening which is spelled "reeening". ' � Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. , PUBLIC HEARTNG MEETING DF JUNE 10, 1974: MOTION by Counci7man Starwalt to adopt the minutes of the Public Hearing Meeting of �une 10, 1974 as presented. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ADOPTION OF AGEN�A: Mayor Ltebl said he would like to add a letter that Councilman SiarwaTt had received from some residents of his ward. Councilman Starwalt said he would like the letter received and directed to the Admin- istration for the proper review and recommendations. � � � REGULAR COUNCIL MEETING OF JULY 1, 1974 PAGE 2 M�TION by Councilman Utter to adopt the agenda as amended with the addition of the letter received by Councilman Starwalt concerning the traffic, lighting and signs in the area of John Erickson Park. Seconded by Councilman Starwalt. �pon a uoice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. VISITORS: MR. MICHAEL ROBACK, 5465 ALTURA AVENUE: VARIANCE REQUEST: Mr. Michael Roback addressed the Council and explained he had been on the agenda of the Board of Appeals Meeting of June 25, 1974, but was not notified and the Board of Appeals had not taken any action on the request because he was not present at the meeting. Mayor Lte61 pointed out that this had been tabled by the Board of Appeals, it had not been turned down 6y them. Mayor Liebl asked the applicant if he was in a hurry to begin construction. Mr. Roback said he would like to get started as soon as possible. Mayor Liebl advised Mr. Roback that this wou7d be taken care of during the discussion on the minutes of the Board of Appeals meeting. OLD BUSINESS: CONSIDERATION OF BIDS FOR FENCING AT COMMONS PARK #1 (TABLED 6-10-74): MOTION by Councilman Utter to concur with the recommendation of the City Manager and Director of Parks and Recreation and award the contract for the fencing of Commons Park #7 to �iking Fence in the amount of $6,285.00 wlth the stipulatron that no gates be installed and that there be free open walkways. Seconded 6y Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. C�l� Mayor Liebl read the memorandum submitted to the Council from the City Attorney, Virgil Herrick. MOTION by Councilman Breider to reeeive the communicatton from the City Attorney concerning the appointments of Police Officers to Commissions and Committees dated July 1, 1974. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Breider to receive the communication from the Public Safety Director, Mr. James Hill, concerning the City employees serving on Council appointed Boards and Commissions, dated June 21, 1974. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unantmously. Mayor Liehl read the information concerning the appointment of a replacement to the Human Relations Committee to the Council and audience. He indicated this would be an appointment to replace Ms. Joyce Benson, and the term would expire in April of 1976. Mayor Liebl recomnended the appointment of Mr. Walter Lizakowski, 1402 Meadowmoor, 788-4303, to the Human Relations Committee. MOTIDN by Councilman Breider to appoint Mr. Walter Lizakowski, 1402, Meadowmoor to the Human Relations Commi�tee with a term to expire on April l, 1976. Seconded by Councilman 5tarwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl explained this appointment would replace Ms. Shirley Kennedy for the remainder of a one year term to expire on April 1, 1975. Mayor Liebl recommended the appointment of Mr. Russel Nouck, 750 Overton Drive, 560-3249, to the Envtronmental Quality Commission. Mayor Liebl introduced Mr. Houck to the Council and commented that Mr. Houck is a long time resident of Fridley and a community minded citizen who is willing to serve. MOTION by Councilman Utter to appoint Mr. Russell Houck, 750 Overton �rive as a �r �� /v� � REGULAR COUNCIL MEETING OF JULY �, 1974 PAGE 3 member of the Environmental Quality Commission with a term to expire on April 1, 1975. Seconded by Councilman Breider, Councilman Nee asked if Mr. Houck was still a member of the Housing Authority, Mr. Houck addressed the Councii and said he is a member of the Housing Autharity, but this group had not had any meetings. Councilman Nee stated he be7ieved Mr. Houck should resign from one of the Committees. He said he did not think one person should serve on more than one committee at � one iime. UPON A VOICE VOTE, Councilman Breider, Councilman Starwalt, Councilman Utter, and Mayor Liebl voting aye, and Councilman Nee voting nay, Mayor Liebl declared the motion carried four to one. TION OF APPRQVAL OF JOINT Mayor Liebl asked the Public Safety Director if he had talked to Mr. Schurr of Shorty's Tow�ng and also if he agreed with the approval of the agreements as presented in the agenda. Mr. Hill said he agreed with the agreements and Mr. Schurr also approved, MOTION by Councilman Breider to approve the agreement with Anoka County for Reimburse- ment for Junked Autos for further discussion. Seconded by Councilman lJtter, (Note: This motion was amended later in the discussion.) Councilman Breider referred to page 3-D of the agenda and inquired what the blanks would contain in the completed agreement. He said this was under Section D of the agreement. ihe Public Safety Director said this agreement is recommended by the �irector of Environmental Health and this amount is set by the State. Ne said the current rate is only $70 and the County �s negotiating with the State for a higher rate, He said the 5tate reimburses the County and the County reimburses the Ciiy. Mr. Hill � commented that the City is trying to get some kind oF reimbursement and the County and State had come up with the agreement within the agenda. He said he did not favor the smaller amount, but he added, this is a provision which the City did not have at the present time and would 6e 6etter than what is in effect at the present time. Ne interpreted the intent to a71ow the City to pick up a6andonded vehicles over seven years old with missing parts. He said even with the reimbursement, the City would loose money with the storage fees. Councilman Breider questioned if the Council was to approve the agreement as it is wiih the figures missing with the understanding that they would be added when they are available. Mr. Hill advised the Council that he could see no pro6lems in this proceedure because the figures would have to be used after the agreement between the County and State are agreed upon. Councilman Starwalt suggested the f9gures 6e obtained and the agreement brought back for Council approval at that ttme. The Pu61ic Safety Director said the addendum had been provided for an estimate in the costs which would be negotiated between the Gounty and State. He said there was no provisions in the agreement which would indicate the rates. The City Manager advised the Council that the request for approval would 6e for the Agreement of the Addendum. Mayor Liebl sa�d he thought $20 would be a practical amount. Mr. Hi71 agreed stating the Towing Company wou7d not know how far away the car would be. The City Attorney said he assumed that the rates being negotiated between the County and State would be established statewide and would be uniform. Councilman Bre9der said he would see no problems with the f�rst agreement and thought the $75 and $20 amounts would be more than adequate. He questioned the approval of the second proposal without figures. The City Attorney advised the Council that the agreement could 6e approved in principie and there would be no problems. The City Manager explained that the fee would he established within the agreement through negotiations with the County and State and the C�ty is not taking part in the negotiations, 1 .r �, REGULAR COUNCIL MEETING OF JULY 1, 1974 PAGE 4 Mr. Hill commented he did not know if the Tower's contract would have an influence on the negotiations between the County and State, Mayor Liebl stated he would not sign the agreement until the amounts have been included in the blanks. � MOTIDN by Councilman Breider to amend the motion to agree in principle with the Joint Exercise of Powers Agreement with Anoka County regarding the Reimbursement for Junked Autos until the figures are available, and approve the Addendum Towing Agreement with Mr. Schurr. Seconded by Councilman Utter, Upon a voice vote, all voting aye, Mayor Lie61 declared the motion carried unanimously. VING COMMUNICATION FROM WYMAN SM MOTION 6y Councilman Utter to receive the communication from Wyman 5mith concerning �he Silver ,lubilee Comm ttee and concur in the proposal that the Comm ttee hold a teen dance. Seconded by Counci7man Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the moiion carried unanimously. APPROVAL OF LETTER FROM CITY COUNCIL TO CITIZENS OF FRIDLEY REGARDING �UBILEE CELEBRATION: Councilman Breider suggested the letter be sent to the residents of the City. MOTION by Counci7man Breider to approve the letter from the City Council to the Citizens of Fridley regarding the Jubilee Celebratton. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously APPEARANCE BEFORE COUNCIL BY REPRESENTATIVE OF NORTHERN STATES POWER COMPANY CONCERNING PROBLEMS IN FRIDLEY AREA AFTER RECENT STORM: �MOTION by Councilman Utter to receive the communication from Mr. John H. Mertz, Manager North Division, Northern States Power Company, concerning the restoration of service after the windstorm of Thursday, June 20, 1974 and dated �une 26, 1974. Seconded by Councilman Breider. Mayor Liebl read the letter to the Council and audience. The City Manager said this item appeared on the agenda 6ecause of the complaints received from the citizens of the area. He said there had been a report provided to the members of the Council in their agenda folders. He said the Administraiion had been in contact with NSP and had requested that a representative of the company be present at the current meeting to explain why the company had not provided rapid restoration of serv�ce to the community. Mayor Liebl read from the reports submitted by the Adm�nistration. He �ndicated the length of time a lift station was without power which was stated in a memo from Mr. Ralph Volkman, Superintendent of Public Works. He also po�nted out there was a memo from the Public Safety Director and Deputy Fire Chief which indicated that in all cases where there were wtres down, measures were taken so that no one was hurt by the wires. Mayor Liebl said 1,000 people worked around the clock on Thursday, Friday, and Saturday with some working over 24 hour periods without rest. Mayor Liebl sta�ed he believed NSP had done an outstanding job in restoring service to the Frid7ey area. He asked the members of the Council who was without 7iqhts after the windstorm. �The City Manager said Logan Park and Marion Hills were without power after the storm. Mayor Liebl called on Mr. John Ranck, representative from NSP. Mr. �ohn Ranck addressed the Council and stated all of the communities were treated equally after this storm which came through the entire metro area. He said the damage was equal in the south, north and metro areas. He said the Company was not able to bring the crews from one area in from another because there was equal wide- spread damage and each area's crew had their own pro6lems to take care of. Mr. Ranck continued to explain that the men worked better than 30 hours and they ususlly only work for 16 hour shifts and rotate in thts kind of emergency. He said the men choose to work the extended time. He pointed out that there had to be a maiter o�F priorities set and followed and ihe main feeders had to be repaired first. He explained the method of restoring the power stat�ng the main feeders would have to be fixed before the limbs which had taken out the indivtdual residents ���, REGULAR COUNCIL MEETING OF JULY 1, 1974 PAGE 5 to provide power to those residents. He also explained that the City utilities would have to be restored with power first and the hospitals would also be a high priority. He said these prior�ties have to be set and when work is done on the higher priority levels, the crews will move on to the next catagory. He further explained that all of these types of emergency calls are directed to the Trouble �epartment which dispatches the crews. He said that NSP has a board on which al] feeders are indicated and the Company would know when a feeder is out without receiving calls from the area. Mr. Ranck pointed out to the Counci7 that before the storm hit ' the western area of the metro area, there were crews out because of the storm forecasts. Mr. Ranck said he would like to echo the comments made by Mr. Mertz in his letter to the City of Fridley. Mr, Ranck thanked the Fridley staff for their cooperation. lie explained that many people were without power and there were many hardships caused because of this. He explained there were many large oaks broken and down from the storm and that the wet conditions preceeding ihe storm made the conditions worse. Counciman Nee questioned Mr. Ranck on how the information was obtained by NSP that the power was out in the Marion Hills area. Mr. Ranck answered if the feeder was out, this would show up on the board. He said if this is not the case, it would be through calls from the customers. Counci7man Nee said when he had called,he had gotten a recording. Mr. Ranck said if this happens, the caller is receiving the s7gnal that all of the iines are busy and he should try again. He explained his own wife had to wait unt�l the lines were not busy to put a call through. Hr further commented, all 125,000 people would be trying to call at one time. Councilman Nee pointed out that a lift station was out for 10 hours and he asked if this was because no one was able to report this. Mr. Ranck said they were all aware of this and it was back in operation as soon as possible. Mr. Ranck said he goes out on calls such as this, and it is often just a matter of time and could be � be something downstream, He exp7ained there is only a certain amount of people able to work on this and it cannot be done at the same time. He pointed out that a71 of the service was restored wiihin 48 hours and with the 125,000 peop7e out of service, this would average out to be 6,000 restored per hour. He stated he did not know how anyone could expect more from a company after this type of extensive storm. He further expiained that after each storm, the company has a meeting to discuss their shortcomings and solve all problems that may exist. Councilman Nee again questioned why the phone is not answered, Mr. Ranck said when the recording is played, the 50 ava7lable lines in the Trouble Department are busy. He further explained there are four lines �n the north division and the Manager has his own line. He said the City Managers have access to this line and can get through to him. He repeated, the recording would be off when the 50 lines are not busy. Mr. Ranck explained the Company has total information on the feeders that are out. Mayor Liebl said the relay would indicate the feeders that are out. Mr. Ranck thanked the Council and the City Manager for the opportunity to come before them. Councilman Starwalt asked what advise would 6e offered to the people in case of a similar situation in the future. He asked if the people were to get the recording, should they ,7ust keep trying until they get their message through? Mr. Ranck said the Company has to rely on individuals to relay the message to the ' company for outages of individual service. Ne advised the Council that once the Company has the information, there is not any need to call again, not everyone in the block has to call. He said he had worked with the crews in this area and most of the people were very considerate and understanding. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously and the communication received. FIRST REAbING OF AN ORDINANCE TO AMEND SECTION 507.01 OF THE FRIDLEY CITY CODE ADOP7ING BY REFERENCE CERTAIN PROVISIONS OF MINNESOTA STATUTES SECTION 169 AS THEY APPLY TO The City Manager said this action was requested by Mr. Carl Newquist, City Prosecuting Attorney, and he had worked with the City Attorney to come up with th�s proposal to better enforce some of the existing ]aws �n the City. REGULAR COUNCIL MEETING OF JULY 1, 1974 PAGE 6 The Ciiy Manager recommended that the Council waive the reading and adopi the First Reading of ihe Ordinance, MOTION by Councilman Utter to waive the readtng and adopt the first reading of the Ordinance to amend Section 501.01 of the Fridley City Code adopting by reference certain provisions of Minnesota Statutes Section 169 as they apply to private roads and other property throughout the City of Fridley. Seconded by Councilman � Starwalt. The City Attorney explained that there is some language in Section 769 of the motor vehicle code that would apply to private roads and parking areas. He further explained this would �over certain offer� es in these areas which Mr. Newquist has had problems in enforcing. He said there had been some troub7e in the Shopping Center lot. � UPON A ROLL CALL VOTE, Councilman Utter, Councilman Nee, Councilman Breider, Councilman Starwalt, and Mayor Ltebl voti�g aye, Mayor Liebl declared the motion carried unanimously and the first reading adopted. FIRST READING OF AN ORDINANCE REPEALING ORDINANCE N0. 542 CODIFIED A5 SECTION 406 OF THE FRIDLEY CITY CQDE RELATING TO ELECTRI SERVICE FRANCHISE AND RECEIVING COMMUNICATION FROM NSP: MOTION by Councilman Utter to waive the reading and adopt the First Reading of the Ordinance Repealing Ordinance No. 542 Codified as Section 406 of the Fridley City Code relating to Electric 5ervice Franchise and to also receive the communication from NSP, Mr. John Mertz, Manager, North �ivision,concerning the Minnesota Public Utilities Act, Chapter 429, Laws 1974 and dated June 11, 1974. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Lieb7 declared the motion carried unanimous7y. MOTION by Councilman Nee to waive the reading and adopt the first reading of an Ordinance for Rezoning Request ZOA �74-02, by Berke7y Pump Company to rezone from R-1 to M-1, Lots 1 and 2, Block 13, Spring Brook Park Addition, 181 Ely Street N. E. Seconded by Councilman Utter. Upon a roll call vote, Councilman Utier, Councilman Nee, Councilman Breider, Councilman Starwalt, and Mayor Liebl voting aye, Mayor Liebl declared the motion carried unanimously and the first reading adopted. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF JUNE 1l, 1974: A REQUEST FOR A UARIANCE OF SECTION 205.053, 4A, FRIDLEY CITY CQDE, TO REDI.iCE THE FRONT YARD SETBACK FROM 35 FEET TO 22.7 FEET TO ALLOW THE CONSTRUCTION OF A DWELLING The City Manager advised the Counci] that they had taken action to concur with the recommendation of the Board of Appeals at their 7ast meeting. MOTION 6y Counctlman Utter to concur with the recommendation of the Board of Appeals and grant the Variance to Norman Taylor to reduce the front yard setback from 35 feet to allow the construction of a dwelling at 590 Fairmont Street N. E. � Seconded 6y Councilman Nee. Upon a voice vote, a17 voting aye, Mayor Liebl declared the motion carried unanimously. 4C � MOTION by Councilman Utter to concur with the recommendation of the Board of Appeals and approve the variances requested by Paco, Incorporated for 7801 Elm Street N. E., �« . � i , Y � REGULAR COUNCIL MEETING OF JULY l, 1974 PAGE 7 with the exception of the request to reduce the side yard setback variance abutting a side street of a corner lot from 35 feet to 25 feet. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Lie61 dec7ared the motion carried unan�mously. MOTION by Councilman Utter to receive the minutes of the Board of Appeals Meeting of June 11, 1974. Seconded by Cou��cilman Starwalt, Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. � RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUN� 79, 1974: Y .,, SUBDIVISION N0. 10, THE SAME BEING 6581 CENTRAL AVENUE N. E.: Mayor Liebl said the recommendation of the P7anning Commission was to approve the request with two stipulations, MOTION by Councilman Starwalt to approve the Request for a Specia7 Use Permit for a second accessory building at 65&7 Central Avenue N. E. by Curtis Barsness with the two stipulations recommended by the Planning Commission. Seconded by Councilman Utter. Upon a voice vo�e, all voting aye, Mayor Liebl declared the motion carried unanimously. The City Manager said the Council action should be to set a public hearing for July 8, 1974. MOTION by Councilman Breider to set a Pub7ic Hearing for July 8, 1974 on the Preliminary Plat, P. 5. #74-04, Innsbruck North Townhouses Replat Secnnd Addition, by Darrel A. Farr Development Corporation iocated at 5533 to 5539 East 8avarian Pass N, E, Seconded 6y Counci7man Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unan�mous7y. The City Manager advised the Council that their action would be to set a public hearing for July 8, 1974. MOTION by Councilman Breider to set a Public Hearing for �uly 8, 1974 for the Vacat�on Request SAV #74-02, as requested by Robert Stixrud for an existing 30 foot drainage and utility easement on 67ock 1 and 2, Lyndale Builders 7th Addition. 5econded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. GENERAL DISCUSSION: ,—.I Mayor Liebl asked the members of the Council if they would like to set a joint meeting 6etween the Council and the Planning Conttnission, He asked what the , P7anning Commission wanted to discuss. Councilman Breider said the only question would 6e on the Hyde Park area development. He sa�d he could not see any reason for a �oint meeting for the other two tssues. Councilman Nee said he had just received the study material concerning Hyde Park and would iike to have some time to review the information. Councilman Breider said this matter should be tabled until that time. MOTION by Counci]man &reider to receive the minutes of the P]anning Commtssion meeting of June 19, 1974. Seconded by Counci7man Utter. Upon a voice vote, all voting aye, Mayor Liebl deciared the motion carried unanimously. � REGULAR COUNCIL MEETING OF JULY 1, 1974 RECEIVING THE MINUTES OF THE BOARD DF APPEALS MEETING OF JUNE 25, 1974: PAGE 8 �, i f MOTION by Councilman Starwalt to approve the variances as requested by Strite- Anderson for the construction of an addition onto the existing building located on Parcel 2750, North Half of Section 12, the same being 7585 viron Road N. E., with the stipulation that bumpers or posts be installed along the building. Seconded by Councilman Utter. Councilman Breider recalled the question of the parking area within the minutes of the Subcommittee and asked if this would be a problem. He asked with the addition of this area would this meet code requirements. He stated this would be a 19,000 square foot addition. The City Manager said th�s had been brought to the Administration's attention. Councilman Starwalt stated the parking would be three stalls short, but the firm has three shifts working, and this would be no problem. Mayor Liebl asked if there was anyone present from Strite-Anderson. A representative of Strite-Anderson addressed the Council and explained there are � three shifts, five days a week. He said they would be three stalls short: the required amount is 171, and there would be 168 provided. He said with the type of operation, they would not come close to using this amount of space. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl said the Board of Appeals had recommended approval of the request with the exception of the height of the sign which would be 1imited to 25 feet. Mayor Liebl asked if there was a representative of the sign company present and Mr. Charles Peugh, Signcrafters, 13 77th Way N. E., addressed the Council. Mayor Liebl asked if �t would be to any advantage to have the sign over the 25 feet in height. Mr. Peugh answered the 25 feet would be adequate. Mayor Liebl asked the value of the sign proposed and Mr. Peugh said $2,500. Mayor Liebl asked if this sign would be specifically for Frank's Marsery and Mr. Peugh said this was correct. � Mayor Liebl asked if the sign presently on Highway #47 would remain the same and Mr. Peugh said yes. MOTION by Councilman Breider to concur in the recommendation of the Board of Appeals and approve the request to construct the second pylon sign and to increase the sign area from 50 square feet to 72 square feet, with the maximum height to con- form to the requirement of 25 feet. Seconded by Councilman Utter. llpon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. t � ? � � �t REGULAR COUNCIL MEETING OF JULY 1, 1974 EST FOR A VARIANCE PAGE 9 CITY CODE TO REDUCE THE Mayor Liebl asked if there was a drainage problem in the area. The City Manager said the building permit would not be issued until the drainage prob7ems in the area had been taken care of. Mayor Liebl said he had received ca71s from some concerned peop7e who had tndicated there was a problem in the area. He said he would 7ike to know what the pro6lem is and what they are faced with. He said he would like to see more details and the recommendation of the Administration. He said he would like to see what could be done to solve the problem. The City Manager said he would be able to give the Mayor more information. He explained that there is a large size catch basin in this area. The City Manager asked the Mayor who he had received calls from, they may see something the Administration does not see and this would be a method of solving the problems. He commented, a double catch basin may improve the capacity. He said this item would be brought back to the Council. Mayor Liebl said some people in the area are concerned about the present pro6lems and do not feel they should add to these problems. He stated this matter would have to be handled between the Ward Councilman and the Engineering Department, and they should come up with something for a s�lution. Counci7man Starwalt said the catch basin is in the circle and the prob7ems are not due to the catch basin. Councilman Starwalt referred to the agenda information on page 12-I. He said the lower left area is where the problems are and the concern �s that the drainage of the area wi71 be disturbed, He explained thts area to be the Johnson and Holland properties. Councilman Utter questioned if this was south of the area in question and Councilman Starwalt said the Johnsons 7ive on Central. The C�ty Manager said the Administration would contact these property owners and come up with a solution to the problems. Mayor Lieb7 said the three abutting property owners would like to have this problem solved. The City Manager asked if the applicant, Mr. G. Craig Willey was present and Mr. Willey responded. , Mr. Willey said the main concern in ihe area is for a solution to the storm water problems. Mr. Willey commented that he is aware of a solution and he had discussed this with the Board, and they had recommended he review this plan with the Engineer�ng Staff. He said this plan would eliminate the problems with the storm water for these people. Councilman Utter said the area has a clay surface and when it rains, the water runs off of the surface to the cul-de-sac and into the peoples' back yards. He thought with some terracing, this problem would be taken care of. Mr. Willey said he had provided a topographical survey and he was aware of the problems. He said with the proposed plan, the water would be brought into the dedicated easement area and would fall down to Central Avenue. He said some of the water on Woody Lane should be traveling on the lawns. The City Manager asked Mr. Willey if he owned the land being discussed and Mr. Willey said he owned the land. Councilman Starwalt said he had talked to Mr. Holland and he was in agreement as to what should be done and this was in agreement with the proposal by Mr. Wi71ey. Mr. Willey said Mrs. Holland was present at the meeting and she had a good under- standing of what should be done. MOTION by Councilman Utter to table the consideration of the variance request by Mr. G. Craig Willey for 5928 Woody Lane N. E. until the next Monday evening, Monday, July 8, 1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declare�i the motion carried unanimous]y. ' , � LJ REGULAR COUNCIL MEETING OF JULY 1, 1974 PAGE 10 A REQUEST FOR A VARIANCE OF SECTION 205.053, 4A, FRI�LEY CITY CODE, TO REDUCE THE MINIMUM FRONT YARD SETBACK FROM 35 FEET TO 18 FEET TO ALLOW THE CONSTRUCTION OF A DETACHED GARAGE TO BE LOCATED ANEAD OF THE EXISTING DWELLING, LOCATED ON LOT 17, BLOCK 7, CARLSON'S SUMMIT MANOR NORTH ADDITION, THE SAME BEING 5465 ALTURA ROAD N. E., FRIDLEY, MINNESOTA. REQUEST BY MR. MICHAEL ROVACK, 5465 ALTURA ROAD N. E. FRIDLEY, MINNESOTA, : Mayor Liebl pointed out to the Council the drawing of the proposed construction of the garage on page 12-J of the agenda. Councilman Nee said he would have no objection to the variance, but would like an explanation of what is being proposed. Mr. Roback addressed the Council and explained that a considerable amount of back fill would be needed if the variance was not granted and he would not be able to move the garage forward. Councilman Nee asked if the garage would be in front of everyone else. Mr. Roback said yes, 10 feet. Counctlman Nee asked Mr. Roback if he would be agreeable to a delay of this action for a period of one week which would enable Councilman Nee to visit the area and look at the property. The City Manager said he would send notices to the area property owners to determine if there are any opposed to the variance being requested. Councilman Bre�der questioned if it was normal procedure to have a Public Hearing on such a matter at the Counci] level. MOTION by Councilman Nee to table any action until July 8, 1974, at the next meeting of the Council in regard to the variance request by Mr. Michael Roback. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Lieb7 declared the motion carried unanimously. MOTIQN by Councilman Utter to receive the minutes of the Board of Appeals Meeting of July 25, 1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BUILDING STANDARDS-DESIGN C EE MEETING Mayor Liebl read the recommendation of the Subcommittee and the stipulations to the Council and the audience. The City Manager commented that there wou7d be no prob7em with the review of the drainage plan, this is routine in this type of construction. The City Manager recommended the Council approve the request and authorize the Administration to issue the permit with the five stipulations. � MOTION by Councilman Starwalt to approve the issuance of the building permit as requested 6y Strite-Anderson Company for 7585 Viron Road, with the five stip- ulations suggested by the Subcommittee. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF A e Mayor Liebl stated the Subcommittee had recommended approval of the request. Councilman Starwalt said he had not personally looked at the site and he wou7d apologize for this. ��„ REGULAR COUNCIL MEETING OF JULY 1, 1974 PAGE 11 Mayor Liebl said if there were any objections, the minutes of tha Building 5tandards- Design Control Subcommittee meeting would state this. He said the only stipulation suggested would be that the garage be fire proof. MOTION by Councilman Starwalt to concur with the recommendation of the Building Standards-Design Control Subcommittee and approve the request to build an addition to the present garage. Seconded by Councilman Utter. (Note: This motion was withdrawn later �n the discussion.) Councilman Utter questioned if this would be some type of business. The City Manager said the man is in the painting business and would store paint in the addition. He advised the Council that this add�tion wou]d create a garage larger than the man's house. Mayor Liebl said this would be a 24 foot by 24 foot addition. Councilman Utter asked, even if the garage is fire proof, would it stand this type of addition in an explosion. Mayor Liebl said this would be constructed ina nice residential area. The City Manager suggested the Council table this item until more information is received. MOTION WITHDRAWN by Councilman and the Second withdrawn 6y Councilman Utter. MdTIdN by Councilman Starwalt to table any action on the request to construct an addition to the existing garage by Thomas Eilers, 250 67th Avenue N. E. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Starwalt to receive the minutes of the Building Standards- Design Control Subcomm ttee of June 25, 1974. Seconded by Counci7man Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF 7HE PARKS AND RECREATION COMMISSION MEETING OF MAY 20, 1 Mayor Ltebl said it would be tn order to concur with the recommendations of the Parks and Recreation Commission on the following items: 1 2 Leasing of Cheri Lane Park area property from Target stores to create a larger Park. Installation of the four foot fence between the property located at 6530 2nd Street N. E. and Jay Park. 3. Registration of Tiny Tots age requirements to cut off at September lst, to coincide with the date used by the School Districts. MOTION by Councilman Utter to concur in the previously mentioned items and receive the minutes of the Parks and Recreation Commission Meeting of May 20, 1974. Mayor Liebl said he had received two complaint calls concerning the �ay Park area. Counci7man Breider said it seems the people of the area would be very happy with the four foot fence and if this solves the problems, it would be better than the install- ation of an eight foot fence. , ' Councilman Utter explained there is a big backstop at the park, but the young people ' do not use �t because it is in the sun, they go to the other end of the park and play ball. He added, if they wou7d be playing ball in the right place, there would be no problems. SECONDED BY Councilman Breider. Mayor Liebl pointed out that a resident of the area will put up the fence with the City only paying for one half of the costs of the fence. UPON A VOICE VOTE, all voting aye, Mayor L�ebl declared the motion carried unanimously. REGULAR COUNCIL MEETING OF JULY l, 1974 PAGE 72 RECEIVING THE MINUTES OF THE PARK AN� RECREATION COMMISSION MEETING OF �UNE 24, 1974: MOTION by Councilman �tter to receive the minutes of the Parks and Recreation Commission Meet�ng of June 24, 1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Councilman Starwalt questioned on the previous set of minutes of May 20 where the fence would be placed and if this would involve the taking of some trees. The City � Manager said this fence would be shifted to not take out the trees, He said it would be moved into the City property three to four feet so the trees would be saved. RECEIVING THE MINUTES OF THE CATU CDMMISSION MEETING OF MAY 17, 1974: MOTION by Gouncilman Utter to receive the minutes of the CATV Commissiott Meeting of May 17, 1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl said it would be in order to receive the reports from Mr. Dean Caldwell. MOTION by Councilman Utter to recetve and concur in the letter from Mr. Dean Caldwell, CATV Commission. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. NT FOR PARK FEE FOR ALICE WALL ADDITION PLAT BY WALL MOTION by Councilman Utter to receive the communication from the Wall Corporation concerning the request for delay in payment for the park fees for the Alice Wa71 Plat. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carrted unanimously. Mayor Liebl asked the reason for this request. Mr. Rudolph Dante, Wall Corporation � addressed the Council and said his letter covered what had been discussed by the Council and himself at the previous meeting concerning this item. Mr. Dante explained that at the previous meeting, Councilman Nee had talked to Mr. Dante and asked if �t would be a help if the park fee were put down stream. He explained it would help if the fee were applied to the development of the R-1 area as it is developed, and this would either be by the Wall Corporation or someone else. He suggested a delay until this development occurs or until a time period of 18 months has lapsed, whichever comes first. Councilman Nee asked if this fee is usually collected when the plat is filed. The City Manager said yes. Mr. �ante requested the Wall Corporation be allowed to en�er into a covenant which would be transferred to the developer of this portion of the R-1 property. He said this would be legal and binding. Mayor Liebl asked the City Attorney for his counsel on this statement and if he would be able to draft such a covenant. The City Attorney said it would be legal and he could draft such a document if the Council wanted this done. Councilman 5tarwalt asked if it is standard proceedure to pay the fees at the time of the filtng of the Plat, why should Wall Corporation become an exception to the policy. Mayor Liebl said this would be because Wall Corporation wanted to pay this when the R-1 area is developed. � Mr. Dante stated Wall Corporation was not aware of this type of fee being required on the filing of the plat. He said they had been encumbered with this and it would be a help to the Wall Corporation with the s�tuation of the money market of today. Mr. Dante said he would appreciate the Council giving this request some consideration and drafting a covenant with the City which would be a legal instrument which would require Wall Corporation, or the deve7oper of the R-1 area to pay the fee when the area is developed, or at the end of an 18 month period, whichever came first. Mayor Liebl asked if it was Mr. Dante's intention to save interest on this $8,000 for a period of 18 months. Mr. Dante said it was not only this factor that prompted the request, hut the matter of the prime rate of today being very high. He explained there is the addition of two io three points over this prime rate charged. He said this would be a considerable amount of money, and would be an interest rate of 15% to 16%. He said this interest on the $8,000 at this rate in the overall package would be detrimental to the development at this time. �- , �, c „ REGULAR CDUNCIL MEETING OF JULY 1, 1974 PAGE 13 Councilman Starwalt asked when the Wall Corporation would be breaking ground. Mr. Dante said he could not determine an exact date at the present time. He again explained that the C�ty has the drawings, 6ut they are communicatTng on a daily basis correcting and adhering to what had to be done. Mr. Dante said Wall Corporation was trytng to fill the City requirements. He commented Wall Corporation had wanied to begin construction the previous month. He said they hoped to get started the current month. ' Councilman Starwalt asked the City Manager if this type of procedure had 6een followed in other areas such as Innsbruck. Mayor Liebl explained this to be a different situation, Innsbruck had donated land in exchange for the plat. The City Manager agreed and said this had been 12 acres and the land around the lake. Councilman Starwalt said unless there is some good reason for deviating from the policy, the past policy should be followed. He said he believed the payment of the money at this time would be good for the Wall Corporation as well as the City. He continued, he would not support a motion to change this policy at this time. Mayor Liebl called on Councilman Nee to explain the intent of this type of suggestion. Councilman Nee said he had made this suggestion when the proposal for the donation to the park fund would have been $20,000 with the construction of two tennis courts and his suggestion would have been to extend the time period for the installation of the tennis courts. He said he had discussed an arrangement that would delay the construction of the tennis courts for two years. He explained the conditions had been scaled down some since this was the proposal. He said he believed the approval of th�s request would set a precedent that would 6e very difficult to live with. Councilman Nee said he understood the applicant's problem, but if this was approved at this time, it would have to be done for everyone in the fuiure. He asked how it would be possible to enforce this type of policy in the coming years. The City Manager said he believed Councilman Nee's comments were pertinent to the ' question at hand. He said this had never been considered before and it would set a precedent. He pointed out that other developers in the City had paid the same high interest rate. He commented the others would expect the same type of requests to be approved. Councilman Breider said he concurred with the comments of Councilman Starwalt and Councilman Nee. MOTION by Councilman Breider to deny the request of Wall Corporation concerning the delay r payment of the $8,000 park fee. Seconded by Councilman Starwalt. Upon a voice voie, all voting aye, Mayor Liebl declared the motion carried unanimously. Mr. Dante said there was another matter that would have to be settled at the present meeting, He mentioned the installation of the structure in the dedicated easements. The City Manager said there is some ponding necessary and there were two levels in elevations for this ponding. He said this area in question concerned the normal range and also a 50 year range frequency. He explained this would indicate an average of every 50 years, this area may be flooded. He further explained the current concern was that the garages were planned for installation within the 50 year frequency range, the drainage area. He said at times, there may be water around the garages. He said there would be no serious problem in this, but if this is approved, Wall Corporation should bear the liability. He suggested this be stipulated that Wall Corporation or future owners or developers of the area 6e liable for any drainage pro6lems. MOTION by Counciman Breider to approve the installation of the garages in the dedicated area with the stipulation that any liability for the drainage damage or problems be born by the Wall Corporation, future owners or deve7opers. Seconded by Counci7man 5tarwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. REAPPROVAL OF VARIANCE REQUEST TO BUTLD AN ATTACHED GARAGE 2 FEET FROM LOT LINE AND MOTION by Councilman Starwalt to waive the reading of the Public Hearing Notice and open the Public Hearing. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing on the matter of the reapproval of a variance request to build an attached garage 2 feet from the lot line opened at 9:43 P.M. in ' REGULAR COUNCIL MEETING OF JULY 1, 1974 PAGE 74 The City Manager said this request was before the Counci7 and approved a few years ago. He explained the property would drain to the Moore Lake area. He further explained at the time of the first request and approval, the City had received a letter of approval from the adjoining property owner. He said the two people at that time were in agreement with the request. MOTION by Councilman Starwalt to receive the letter from Mrs. Holan with the notation � that this property owner is no longer effected by this variance because they no longer reside adjacent to the applicant. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carr�ed unanimously. Councilman Starwalt explained that he had talked to the Jacobsons and also other property owners in the area. He noted that this action had taken place fo�ar years ago, but the requested structure had not 6een constructed at that time. He said he would like to address some questions to the City Manager. He continued asking if there could be a drainage prob7em in this area and if it would be possi6le to hold the City harmless if any problems occur. He sa�d Mr. Jacobson's al�ernatives would be to either build the garage five feet above the roadway and create a tuck under garage or go by the present proposal to 6uild it two feet under the elevation of the roadway. He said in the later case the water would run toward the garage and in a heavy raifall, the water would be directed through the garage and drain to Moore Lake. Mr. �acobsen addressed the Council and explained there would be dead man's tile installed in the back of the garage within the ground to drain the garage. He commented if the water was up to this elevation, everyone in the area would have a problem, not just himself, Mr. Jacobsen stated he believed the drainage problem had been solved in the plan. The City Manager explained that this drainage system could become plugged and create some problems in the garage. He said the applicant should take the responsi6i7ity for any drainage problems if the neighbors do not ob�ect to this construction. � Mayor Liebl asked Mr. Jacobsen if he would concur with the agreement which had been stgned the last time the variance had been applied for. Mr. Jacobsen said he would agree with this signed agreement, he would like reapproval of the agreement. The City Manager stated the garage floor would be lower than the curb and the drainage would go toward the garage. Mr. Roger �orgenson, 5841 West Moore Lake Drive, addressed the Council and stated he is the present abutting property owner and this variance would allow construction two feet from his property line. He commented there would be some problems �f conditions created by this installation were not properly maintained. He said the garage roof line would create a patio which would be 12 feet from his bedroom windows, Mr. Jacobsen answered, this area could not be used as a patio, he had already built a beautiful patio in his yard and he would not use the top of the garage for another patio. Mr. Roger Papke, 5801 West Moore Lake Drive, said he would not have any faith in the installation of retaining walls. He explained there are some in the area which had been installed and are crumbling. Mr. Bernard Altermatt, 5831 West Moore Lake Drive, said he would 7ike some assurance that this time the work would be done. He explained, last time this was considered, , there was a mound of dirt hauled to the area and it is still sitting there. Mr. Jacobsen explained this would have to be done when a person is in proper health and has the financial means to support the project. He sa9d the construction would come up to from $5,000 to $7,000. Councilman Utter asked Mr. Jacobsen the reason for installing the tuck under garage rather than one level with the ground . Mr. Jacobsen in turn asked Councilman Utter if he had been up to the site. Mr. �acobsen continued stating this would create a situation with the level installation that would not allow access to the back yard. He explained there would be the possibi7ity of constructing a ien foot fami7y room on the top portion of the garage in the future. He said this would allow for the construction of a btgger house. Another resident of the area said he agreed with the feelings of Mr. Jorgenson and was ��� ,� c �+'� _ REGULAR COUNCIL MEETING OF JULY 1, 1974 PAGE 15 concerned about what would be done with the top of the garage. He coniinued this would be close to the Jorgenson bedrooms and if there is a family room constructed, this would be disturbing. Mayor Liebl said there would be 16 feet in between the garage, He continued stating this is a normal distance for a separation hetween homes, Councilman Nee questioned how Mr. Jacobsen proposed to protect his neighbor, did he plan to fill in the area. Councilman Utter asked if he planned to install retaining walls. Mr. Jacobsen said he would instal7 retaining walls, he wou7d have to protect himself at the same time with this installation. He informed ihe Council that many people up the street have retaining walls. Mayor Liebl asked Mr. Jacobson if he was prepared to accept the responsibility for the construction of the proposed retaining walls. Mr. Jacobson said he had already done this and this construct�on was in the plans. Councilman Nee asked if the proposed incline wou7d be about six to one. Councilman Starwalt asked Mr. Jacobson how he planned to get out of his driveway. Mr. Jacobsen said he had talked to some people with the same elevation difference and they had indicated this to be no problem. He said if thts is constructed properly and the snow is removed, there would be no prob7em at all. MOTION by Councilman Starwalt to close the Public Hearing on the matter of the variance request by Mr. Rowland Jacobson. Seconded by Counci7man Utter. Upon a voice vote, all voting aye, Mayor Lieb] declared the motion carried unanimous7y and the Public Hearing colsed at 10:12 P.M. Mayor Liebl stated the applicant is wil7ing to spend the money and construct an acceptable svall for Mr. Jorgenson. MDTION 6y Counci7man Starwalt that the action on the variance be tab7ed until the following Monday evening, July 8, 1974, to enahle him to discuss the proposal with the area property owners. Seconded by Counci7man Utter. Councilman 5tarwalt asked if there were any plans from the contractor which could be reviewed. Mr. Jacobson said these plans are being drawn up ai the present time and they include the drainage plans, driveway and retaining walls. Mayor Liebl said of detailed plans plans. it would not be considerate of the City to insist on the submiss�on before approval of the construction 6ecause of the cost of such UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING PETITION #]0-1974 - RE�UESTING CONSTRUCTION OF BIKEWAY ALONG E MOTION by Councilman Utter to receive Petition #10-1974 requesting the construction of bikeways along East River Road from Mississippi Street to Osborne Road and along Mississippi Street from East River Road to University Avenue. Seconded by Councilman Starwalt. Upon a voice vote, ail voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF APPOINTMENTS TO CITIZEN COMM , 1 BICYCLE/WALKWAY ' Mayor Liebl said he had recommendations for the appointment of two persons to the committee. He suggested Mr. Bob Lee, 144 Satellite Lane, 560-1092 and said he would be from the third area. He also suggested the appointment of Mr. Bob A. Riese, 6031 5th Street N. E., 560-6699, from the seventh area. Councilman Utter said he had contacted four people, but he had not obtained any response to this request at the present time. He said he was not ready to make any recommendations at the present meeting. Mayor Liebl said he had talked to the people he had recommended and they indicated they would like to serve on the committee. L� J ' � , i= � � �+ REGULAR COl1NCIL MEETING OF �ULY 1, 1974 PAGE 16 Councilman Breider suggested the appointment of Mr. William Gerads, 7545 Jackson Street as the representative of area number five. Councilman Starwalt said he would recommend Mr. Dennis L. Schneider, 6790 Stinson Boulevard N. E., 786-7059, as the representative of neighborhood number nine. He suggested Mr. Dale Hagen, 7484 Hayes Avenue N. E, as the representative of area number eight. Councilman Breider said this man is residing in neighborhood number five. Councilman Nee recommended the appointment of Mr. Vern Moen, 7154 Riverview Terrace stating he is interested in the system and is working on this for the Rotary. Councilman Nee also suggested Mr. �oe Schommer 543 Janesville Avenue as the represen- tative of neighborhood number one. He said he had no proposal at the present time for area number four. Councilman Nee asked if the appointment of Mr. Joe Marttn, 144 Rivers Edge way would be feasible as a representative of area number four, indicating he resided in area number three, Councilman Nee indicated he would withdraw the recommendation to appoint Mr. Martin. He stated he would rather find representation in area four than take someone out of the third neighborhood. Councilman Starwalt mentioned an other possibility for appointment, but said he would like to receive confirmation from the man first. Mayor Liebl indicated there would have to be someone from the area designated as number six, there was more than 500 homes in this area. The City Manager said this item would be brought back to the Council for future recommendations. Mayor Liebl said the names of the current recommendations should be kept as a part of the record. CONSIDERATION OF A REQUEST TO APPROVE CORRECTION TO THE PLAT OF INNSBRUCK NORTH MOTIDN by Councilman 5tarwalt to accept the cert�ficate of survey for the correction of the Plat of Innsbruck North 2nd Addition. Seconded by Councilman Utter. Upon a votce vote, all voting aye, Mayor Lie61 declared the motion carried unanimously. The Assistant Engineer explained this error to have been made because one lot was not numbered on the original plat. COUNCIL APPRDVAL OF BALLOT FOR ON-SALE LIQUQR LICENSES. Councilman Breider asked if the wording of the ballot could be changed. He be7ieved the information in the working to be misleading because it would staie the Ctty would be issuing more licenses than allowed by law. The City Attorney said this is the language that is required hy law. He believed some infiormation being placed in the City newspaper would aid in alleviating this misunderstandtng. Councilman Starwalt asked tf it would be possible to challenge the wording, indicating this was also his concern. Counc�lman Starwalt further questtoned how the Council was to expect the voter to understand something the Council did not understand. The � City Attorney said the wording could not be changed, but there would be some value in the City getting some form of news release to the local papers for this explanation. He expressed concern that if the language were changed, the vote could be challenged. Mayor Liebl stated if there was no ob,7ection, the matter would appear on the ballot as presented to the Council. NCIL APPROVAL OF BALLOT OUESTION ON NORTH PARK: Councilman Utter asked if the nature center is passed, this would require a special bond issue and would require a general election later. Mayor Liebl said the City should explain the financial obligation to the people and this should be added to the ballot. He said the obligations of the City for the installation of the golf course and the nature center should be explained. ��„ REGULAR COUNCIL MEETING OF JULY l, 1974 PAGE 17 Mr. Ken Sporre, 301 Ironton, asked if it would appear on the ballot that a non-profit foundation will build and maintain the nature center. Councilman Breider said he would see one problem with putting this information on the ballot, where would this stop, and where would this start. He said he felt this would 7eave the City open for court action after the election. He questioned what level of golf course would be represented and what level of nature center. He said the peop7e know about this conflict and they have formulated a barrage of quest�ons. The City Attorney said there would be some legal difficulty in this proposal un7ess there were specific concrete proposals before the Council. MOTION by Councilman Utter to authorize the Administration to present both ballots to the electorate as they were presented to the Council for consideration. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Lieb7 declared the motion carried unanimously, �]l 1 :.�I :� Councilman Utter asked how long a time the City had contracted with B& E Patrol. The City Manager said the City would have to give the firm one month's notice. MOTION by Councllman Utter to concur with the recommendations of the Public Safety Director, Mr. James Hill, and cancell the animal control service with B& E Patrol and authorize signing the contract with the Metropolitan Animal Patrol Services, Inc. Seconded by Counciiman Starwait, Upon a voice vote, all voting aye, Mayor Lie61 declared the motion carried unanimously. APPOINTMENT: CATU COMMISSION: Mayor Liebl recommended the appointment of Mr. George Zeglen, 841 Rice Creek Terrace, 560-5046, to the CATV Commission. MOTION by Councilman Utter to appoint Mr. George Zeglen, 847 Rice Creek Terrace to the CATV Commission. Seconded by Counci7man 5tarwalt. Upon a voice vote, a17 voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF CHANGING THE POLICY REGARDING WATER METERS: Mayor Liebl said the City is not able to follow the past policy. He indicated this would not have to change the procedure within a week's time, this did not have to be done until the lst of October. The City Manager said the reason for this appearing on the agenda was to bring the alternatives to the Council's attention. He said one suggestion would be to have the people buy the meter and it would go with the house within ihe sale of the home. He said with the present system, it has enabled the City to clean up any old water bills when a person sells his/her home. He said the original meter depnsit was $25, and now it is $40. He said the City would give the people a choice of using the existing meter, or obtaining a new one for the price of $60. Mayor Liebl said he has talked to other mayors and it would be his recommendation that the Council should table any action on this matter until some recommendation is recetved from the League. The Finance Director, Mr. Marvin Brunsell, said he had talked to those at the League who had indicated they would send copies of any ord�nances that other cities had passed to the City of Fridley. He said to this time, he had not received any information. MOTION by Councilman Utter to table the matter on changing the policy regarding water meters until some information is received from the League of Minnesota Municipa7ities. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSI�ERATION OF MID-YEAR REQIJEST FOR ADDITIONAL POLICE OFFICERS: Mayor L�ebl asked the Public Safety Director, Mr. James HiTI, what his recommendation � ' � ,�'.� ,� REGULAR COUNCIL MEETING OF �ULY 1, 1974 PAGE 18 to the Council would be. Mr, Hill said he would recommend hiring the additional police officers, Mayor Liebl said there are additional people in the Innsbruck and Meadow Run areas that would need police protection. He also referred to the new three zone policy of the Police Department and intensified police surveillance of the residential � areas. The City Manager referred to the report in the agenda and said there is a cost attached to such service. He pointed out that it would be a cost committment of about $400,000 for one man for a period of 20 years, and approximately $17,000 cost for the next year. He said the limitation for raising taxes is set at 6% each year and there has heen a 12% cost of living increase. He said they may be ample �ustification, but there would be a 6% levy limitation. Mayor Liebl said he felt there was a need for additional security and proiection against burglary in the residentia7 areas, industrial, and commercial properties. He said one of these days, they would be tested, and this is the reason he had asked that the Police force be reevaluated. Mr. Hill said his recommendation had been based on the 1972 statistics and if this were updated for the coming year, there would 6e a need for five additional men. Councilman Breider questioned Mr. Hill as an Administrator and asked him what he would do if he needed more men and was afraid to spend the money. Mr. Hill referred to other areas of attention in the City and said would these areas of study continue if there was not enough funds available. Councilman Breider asked if there was some understanding at the 21% funding. The � Finance Director said there was a letter of understanding. Councilman Breider asked how much weight such a letter had. The City Attorney said not too much, this is a letter of understanding 6y the officers. He said it had been presented to the entire body and the Police Officers had stated they were not opposed. Councilman Breider asked if the new people are hired, could they be placed on PERA, or would they go on the Police pension plan. The City Attorney said the 5tate Legislature had said the Municipalities wil7 properly fund the pension, and there cannot be an agreement made between the officers and the Department to do less than the State Legislature requires the Municipalities to do. It would not make any difference if there was an agreement to pay only 12%. Councilman Breider asked if they would be able to put the new people on PERA. The City Attorney said this is the question of a current law suit in Colum6ia Heights. He explained that PERA will not accept funds from those who have an independent fund. Coucnilan Breider stated there has to be a way out. The City Attorney said the only way out would be if the Legislature reconsidered. Councilman Starwalt commented he believed Fridley has an excellent Police Department. He asked Mr. Hill if he would turn down one police officer if this was the amount � authorized. Mr. Hill said he would noi iurn down anything. He said he felt the justification is there for the iwo additional police officers, and this matter wou7d be up to the Council. Councilman Starwalt suggested one man be hired at the present time and one man in six months from this time. Mayor Liebl said there would be a time limit �nvolved to allow the men to attend training school. Mr. Hill said they would only be gaining one man, one sergeant and one man in the field area. He explained with this addition, they would only be getting one in the field. He said he wou7d like to attract some qualified officers who would not have to attend the training school. He indicated some of the men interested in the positions in Fridley had had outside training and had acquired necessary skills. MOTION by Councilman Utter to authorize the Administration to hire two additional police officers, effective August 1, 1974. Seconded by Councilman Breider. Upon �( /��f.: REGl1LAR COUNCIL MEETING OF JULY 1, 1974 PAGE 19 a voice vote, Mayor Liebl, Councilman Utter, CounciTman Nee, and Councilman Breider voting aye, Councilman Starwali voting nay, Mayor Liebl declared the motion carried four to one. CONSIDERATION OF AUTHORIZING COLD STORAGE BUILDING IN THE MUNICIPAL GARAGE AREA: Mr. Ralph Volkman, 5uperintendent of Public Works, passed out pictures of the proposed construction to the Council. Mr. Volkman explained the princip7e reason for the request was for safety measures. He said many pieces of equipment are stored outside, such as the street sweeping brushes, that should be stored inside to protect the parts from rusting. Mayor Liebl asked if this was preventative maintenance and Mr. Volkman said yes. He said many of the things outside can take the cold weather, and others had to be stored away from the elements. Councilman Utter asked if Mr. Volkman would be in charge of the building and Mr. Volkman responded saying yes. Mr. Uolkman continued to exp7ain, many things can take the cold we ther and they are presently being stored m the garage, because they could not take the moisture. He said the fertilizer would be an example of this. He also stated the grass seed would have to be taken off the second balcony because someone could drop this. He referred to the OSHA requirements and said these safety precautions would have to be taken. He also pointed out that some of the smaller power tools and summer equipment could be stored in the cold storage area bui]ding. He said some of the equipment would not have to be stored in the garage, Councilman Breider asked if there wou7d be some shelving needed in the building. He said this had not been budgeted for. Mr. Volkman said thts should be in the 1975 budget and could probably be taken from the maintenance budget. Councilman Breider questioned if the floor of the building would be concrete. He asked the cost of this concrete floor. Mr. Volkman said this was not being planned and would cost quite a bit. He estimated $2,100. The City Manager said it would be in the range of �2,000 more. Mr. Volkman said it would have to be considered if there would be proper dra7nage with the concrete floor, Councilman Breider questioned if there would be a probiem with rodents with the grass seed and the dirt floor. Mr. Volkman said not any more than with the concrete. He said the old park garage did not have a floor. Councilman Breider asked how many buildings the Council had.authorized in the last five years without a concrete floor. The City Manager said zero. Councilman Breider said the City would have to abide by the same rules as the other person. Councilman 5tarwalt said he could see the justification in this request. MOTION by Councilman Breider to approve the cold storage building with the addition of the concrete floor. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carrted unanimously. CONSIDERATION OF APPROVING THE The City Manager said Mr. Dan Huff, Naturalist-Resource Coordinator, was present at the meeting to answer any of the Council's questions. The C7ty Manager said he had already cut the budget proposal by $7,000. Mayor Liebl said he would recommend the Counci7 authorize the proposed budget as outlined by the Administration. He said he was very impressed with the pro,7ections and he ihought this would make Fridley one of the 7eading cities in the Metro area. Mayor Liebl said he thought the budget proposal was modest, progressive and something to build on for years to come. Councilman Utter asked the City Manager if this would also be his recommendation and the City Manager said it would. The City Manager said when the position of the naturalist was being considered for the Ctty of Fridley, this is the range that was proposed ai tha� time. He recaiied the Council wanted the NaturaTist to iay out his own budgei. He said if the Council wants the program, this is the program they would get. He pointed out �I 1 ' v�^11 REGULAR COUNCIL MEETING OF �ULY 1, 1974 PAGE 20 that there is already some cooperation estab]ished between the schools and the County. Councilman Breider questioned the construction costs of $3,000. The City Manager said this will be for the installation of files, chairs, storage and also displays. Councilman Breider asked where Mr. Huff would be working from. The City Manager � said he is located at City Hall at the present time. He said in the future, he would be able to work where the programs are being set up such as Innsbruck North. He tndicated there is a building that could be used in this area. � � Councilman Starwalt addressed Mr. Huff and said he had talked against bringing him on board while he was in the audience. He said he had talked to the voters in the area. MOTION by Councilman Starwalt to approve the budget as presented. Seconded by Councilman Utter. lJpon a voice vote, CounCilman Utter voting aye, Counct7man Nee voting nay, Councilman Breider voting aye, Councilman Starwalt voting aye, and Mayor Lie61 voting aye, Mayor Lieb7 declared the motion carried four to one. RESOLUTION #72-1974 - AUTHORIZING TRANSFER OF FUNDS FROM RESERVE CONTINGENCIES FUND The City Manager said the police fund amount would be $9,000. Mr. James Hill, Public Safety �irector, said he had figured $10,516. He explained he would like to hire men with some experience rather than buying the training time. He also explained that the uniform allowance would not be split, this would remain the same at $51b. The City Manager said the amount to be used for the Public Works fund would be $12,848, and ihe Naturalist fund would 6e $21,729, for a iotal of $45,093. Councilman Breider asked how much would be still left in the reserve contingencies fund and the City Manager said about $50,000. MOTION by Councilman Utter to adopt Resolution #72-7974 as modified with the amounts listed previously. Seconded by Counci7man Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #71-1974 - CLOSING OUT THE PARK BOND fUND AND TRANSFERRING SURPLUS CASH THE GENERAL FUND: Councilman Breider asked the amount of this fund and the City Manager said $30,000. MOTION by Councilman Utter to adopt Resolution #71-1974 closing out the Park Bond Fund and transferring surplus cash to the General Fund. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CLAIMS: GENERAL 35997 - 36336 LIQUOR 8959 - 9013 M�TI�N by Councilman Utter to approve the claims for payment. Seconded hy Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. LICENSES: EXCAVATING Homer's Sewer Service 2350 �ackson Street St. Paul, Minn. 55117 � Homer �eslauries APPRO�ED BY C. Belisle REGULAR COUNCIL MEETING OF JULY 1, 1974 GAS SER�ICE BY Don's Air Conditioning, Donald L, Dickison Heating & Refrigeration Inc. 3953 Central Avenue Columbia Heights, Minn. 55421 GENERAL CONTRACTOR Acton Construction Richard Erickson 12805 Highway #55, Suite 206 Minneapolis, Minn. 55101 Heritage Bui7ders Frank Daughenbaugh 409 Maple Avenue N. E. Spring Lake Park, Minn. 55432 Bud Johnson Construction Co. Warren M. Johnson 4517 Belvidere Lane Edina, Minn. 55435 Harold E. Julien Bui7ding Contractor 2526 Bunker Lake Bou7evard Anoka, Minnesota 55303 Northwestern Builders 8053 Bloomington Freeway 67oomington, Minn. 55420 Olson Concrete 5010 Hillsboro Avenue North Minneapolis, Minn. 55428 Preneer 5ystems Inc. 5851 Duluth Street Golden Valley, Minnesota 55422 South Towne Realty 151 Silver Lake Road New Brighton, Minn. 55112 HEATING Midwest Sheet Metal Works 340 Taft Street N.E. Minneapolis, Minn. 55413 PUBLIC SWIMMING POOL Harold E. Julien Gerlad �. Middleton APPROVED BY W. Sandin C. Be]isle C. Belisle C. Belisle C. Beiisle C. Belisle Cliff Maas/Edward Anderson C. Belisle Kurt DeBorde Peter Keprios Michae7 �. Elnicky LOCATION C. Belisle C. Belisle W. Sandin Fridley Ind. School Dist, #14 6000 W. Moore Lake Dr. S. Olson 6000 W. Moore Lake Drive N. E. Fridley, Minn. 55432 Georgetown Court Apartments 5750 East River Road S. Olson 5750 East River Road 5820 East River Road (2) Fridley, Minn. 55432 5680 East River Road Meadow Run Apartments 7855 East River Road 5. Qlson 7845 East River Road N. E. Fr�dley, Minnesota 55432 PAGE 21 MOTION by Councilman Utter to approve the licenses as listed previous7y. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ESTIMATES: Berghorst Plumging and Heating 10732 Hanson Boulevard Coon Rapids, Minn. 55433 � �I ' � REGULAR COUNCIL MEETING OF JULY 1, 1974 For Sewer Service Repair at 7860 Main Street Line damaged with construction of sanitary sewer, and water Improvement project #93 by D. M, Noyes Construction Company. Labor and Sewer Machine A. J. Chromy Construction Company Box 128 New Prague, Minnesota 56071 For Mach-ine hired for re air work at 7860 Main Street {Project #93� City of Fridley Public Works Department Crew Time & Equipment (Project #93) A, J. Chromy Construction Company 5057 West 215th Street Lakevi7le, Minnesota 55044 and Western Casualty & Surety Company PARTIAL Estimate #7 for Sanitary Sewer Water & Storm Sewer Improvement Project No. 114 PAGE 22 $ 420.00 $ 472.50 $ 646.40 $ 26,640.38 r, r� -� MOTION by Councilman Nee to approve the Estimates. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. COMMUNICATIONS: ENVIRONMENTAL QUALITY COUNCIL: TIME EXTENSION FOR NORTH PARK TMPACT STATEMENT � MOTION by Councilman Breider to receive the communication from the Environmental Quality Commission regarding the time extension for North Park Impact Statement and dated �une 72, 1974. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. � l METRO SEWER BOARD: INTENTIONS OF NEW CHAIRMAN: MOTION by Councilman Utter to receive the communication from tYe Metro Sewer Board regarding the intentions of the new chairman and dated June 14, 1974. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Lie61 declared the motion carried unanimously. BURLINGTON NORTHERN: MISSISSIPPI STREET CROSSING: DIFFICULTY WITH SIGNALS: MOTION by Councilman lJtter to rece�ve the communicatton from Burlington Northern concerning the M�ssissippi Street crossing and the difficulty with the signals dated June 14, 1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. LETTER TO MAYORS OF STUTTGART, GERMANY; LAPAZ, BOLIVIA; POITERS, FRANCE: MOTION by Councilman Breider to receive the letters to the Mayors of Stuttgart, Germany; LaPaz, Bolivia; and Poiters, France. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. BURLINGTON NORTHERN: DISCONTINUATION OF TEMPORARY USE DF MAIN STREET MOTION by Counci7man Utter to receive the communication from Burlington Northern concerning the discontinuation of the temporary use of Main Street for truck traffic dated June 28, 1974. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Lieb7 declared the motion carried unanimously. VIRGIL G. MISKA, JAMES RODNITSKI, AND DELBERT MCLAIN• TRAFFIC, SPEED LIMIT, AND LI HTING IN AREA OF J HN ERICK50N P RK: MOTION by Councilman Utter to rece�ve the communication from Mr. Miska, Mr. Rodnitski, and Mr. McLain concerning the traffic, speed limit, and lighting in the area of John Erickson Park and dated ,]une 20, 1974. Seconded by Counc�lman Starwalt. Upon a voice vote, all voting aye, Mayor Leibl declared the motion carried unanimously. /��.�i � REGULAR COUNCIL MEETING OF JULY 7, 7974 ADJOURNMENT: PAGE 23 M�TION by Councilman Utter to adjourn the meeting. Seconded by Counci7man Starwalt. Upon a voice vote, all votin9 aye, Mayor Liebl declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of June 1, 1974 ad,7ourned at 12:25 A.P1. Respectfully subm�tted, �?-'� �ra--��.--' Patricia Ranstrom Secretary to the City Council � ,��, � � �,y Date ap r ved 1't,� �- ,Q, ' Frank G Liebl'• � Mayor , ' '