Loading...
12/16/1974 - 00015577�IZ _, �_ k THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 16, 1974 The Regular Meeting of the Fridley City Council of December 16, 1974 was called to order at 7:36 P.M, by Mayor Liebl. PLEDGE OF ALLEGIANCE: � Flaor Liebl led the Council and the audtence in saying the Pledge of Allegiance to the 9• INVOCATION: The Invocation was offered by Mayor Ltebl. I;OLL CALL: MEMBERS PRESENT: Councilman Starwalt, Mayor Liebl, Councilman Utter, Councilman Nee, and Councilman Breider. �-1EMBERS ABSENT. None. APPROVAL DF MINUTES: REGULAR COUNCIL MEETING OF DECEMBER 2, 1974. MOTION by Councilman Starwalt to adopt the Minutes of the Regular Meeting of the Fridley City Council of December 2, 1974 as su6mitted. Seconded by Councilman Nee. Upon a vo�ce vote, all voting aye, f�layor Liebl declared the motion carried unanimously. PUBLIC HEARING MEETING OF DECEMBER 9, 1974: �PlOTION 6y Councilman Utter to adopt the Minutes of the Public Hearing Meeting of the Fr�dley City Council of December 9, 1974 as presented. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Breider to adopt the agenda as presented. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. �ISIT�RS: Mayor Liebl asked if there was anyone present who wished to address the Council and there was no response from the audience. Councilman Starwalt addressed Mayor Liebl and said he had a Certificate of Appreciation from the Metropolitan League of Municipalities which was to be presented to Mayor Liebl at the last meeting of the League. {ie explained Mayor Liebl was unable to attend this meeting and he would like to read and present the Certificate at the present meet�ng. Councilman Starwalt read the Certificate aloud and presented it to Mayor Liebl. ilayor Liebl accepted the Certificate and expressed his thanks to the League. OL� BUSINESS: �CONSIDERATION OF APPOINTMENT TO BUILDING STANDARDS- 12/2/74 : MOTION by Councilman Nee to appoint Mrs. �an Seeger, 324 Ironton Street, 784-7441, co fill the unexpired term created hy the resignation of Mrs. llelen Treuenfels, to expire on April 1, 1976. Seconded by Councilman Starwalt, lJpon a voice vote, Mayor Liebl voting aye, Councilman Nee voting aye, Councilman Breider voting aye, Councilman Starwalt voting aye, and Counctlman Utter aastatning, Mayor Liebl declared the motion carried four ayes and one abstention. i7y h REGULAR COUNCIL MEETING OF DECEMBER 16, 7974 PAGE 2 AND CONSIDERATION OF APPROVAL OF A REQUEST FOR HOUSE REL�CATION ON LOTS 31 AND 32, BLOCK 4, � SPRTNG RR(1f1K PARK Af1f1TTT(1Nr The Public Works Director said all of the property owners on the lots proposed for rezoning had signed a petition favoring the rezoning. He said there had been no objection to the request with the exception of one property owner and his property had been deleted from the rezoning request. The Public Works Director continued to point out that there is also a request to move a house to Lots 31 and 32, Block 4, Spring Brook Park Addition and he pointed this area out to the Council on the map on the screen. �ouncilman Utter asked where the house was 6e�ng moved from. The Public Works Director said he believed this was being moved from Edina. !le advised the members of the Council that he had a p�cture of the house and showed this to the Council along with the p-ictures of the homes in the area where the house is proposed to be moved to. Councilman U1:ter questioned if the homes would be of comparable vaiues. Councilman Breider said he would have no objections to the house being moved to thia area if it had a garage in the p7ans. The Public Works Director said this was one of the suggested stipulations from the Building Standards Committee, that a garage be installed in 1975. Playor Liebl asked the applicant, f9r. Henry Muhich, if he planned to occupy the home. � ��r. Muhich said no. MOTION 6y Councilman Nee to table the consideration of the second reading of the ordinance for the rezoning request by Henry Muhich until the second meeting in January. Seconded by Councilman Starwalt. Upon a roll call vote, Councilman Breider voting aye, Councilman 5tarwalt voting aye, Mayor Liebl voting nay, Councilman Utter voting aye, and Councilman Nee voting aye, Mayor Lie61 declared the motion carried four ayes and one nay The Public Works �irector said there had been no objections to this request and he had obtained 7etters from the ut�7ity companies stating they had no ob,7ection5 to the vacation of a portion of the easement. MOTION 6y Councilman Breider to waive the second reading of the ordinance and adopt the Ord�nance, number 576, for the vacation request SAU #74-04, by Jerry Guimont generally located at 6551 2nd Street N. E. on second reading. Seconded by Councilman Starwalt. Upon a roll call vote, Councilman Starwalt voting aye, i�iayor Liebl voting aye, Councilman Utter voting aye, Councilman Nee voting aye, and Councilman Breider voting aye, Playor Liebl declared the motion carried unanimously and ordered publication of the Ordinance. PETERSON, 4565 3R� STREET ' The Public Works Director pointed out the request on pages 4-C and 4-D of the agenda book. He said the Plamm �g Commiss�on had recommended approval of the request with the stipulation that before this item was reviewed by the Council the applicant was requested to provide a new survey. �le informed the Council that the sitpulation had been complied wiih and the new survey appeared within the agenda book. ilr. Sobiech said he recommended approval of the request at the present time, i�10TI0N by Councilman Nee to concur with the recommendations of the Planning Commission and Administration and approve the lot split as requested by Gordon Peterson, 4555 3rd Street N. E. Seconded by Councilman Starwalt. Upon a voice vote, all vot9ng aye, Mayor Liebl declared the motion carried unanimously. REGULAR COUNCIL MEETING OF DECEMBER 16, 1974 fJEW BUSINESS: PAG E 3 RELATING TO THE SALE OF REAL ESTATE OWNE� BY THE CITY r_onvr nnnrTrnni . �p � � � The Public Works Director explained that Lots 10, 11, 12, 13, 14, and 15 were purchased 6y the City to provide a proper dr•ainage or ponding area. He said this area is no longer required and the proposed action would authorize the sale of Lots 10 and 11. The City Manager explained that the lots were purchased 6y the project and now there is a drainage system that is working in the area and these lots shou1d be sold back to the public and taken out of the project. Councilman Starwalt asked if it would be possible to take care of item number five on the agenda (the current discussion) at the same time as the item which �s similar, �tem number twelve. (Exchange of property for park purposes in Harris Lake Estates.) Mr. C3ennis Schneider asked what pro�ect the money would go back into after the sale of the property. The City Manager said this would be the pro,7ect the money had come from. The Public Works Director said he believed this was project No. 107. ��1r. Schneider asked if the proceeds from the sale of the property would be put back into the pro,7ect and if this would reduce the assessments of the people in the area. Mayor Lie61 said yes. Mr. Schneider asked if the people would receive a check for this credit. The City Assessor, Mr. P�1ervin Nerrmann, said the pro�ect had not been assessed yet. MOTION by Councilman Breider to ta61e the consideration of the first reading of the ordinance for the sale of real estate by the City until item number twelve is discussed. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. �CONSIDERATION OF SEVEN RESI�ENTIAL BUILDING PERMITS IN BRIARDALE RREA, SOUTH OF RICE CREEK ROAD: MOTTON by Councilman Starwalt to receive the communication from Mr. Richard Miller, dated December 11, 1974. Seconded by Councilman Nee. Upon a voice vote, all voting aye, flayor Liebl declared the motion carried unam mous1y. �dayor Liebl mentioned that Mr. Darrel Clark, Community Development Adm9nistrator, had written a letter to Mr. Pliller. The Public Works Director said yes, a copy of this letter had been placed in the agenda 600k. The Public Works Director said the permits are long overdue and construction had not begun. He added, a couple of the basements are in, but there had not been any work done on the properties for the past 120 days. The Public Works Director said his recommedation would 6e to declare the building permits nu71 and void. The City Attorney explained there ts a provision for one extension for 90 days, but this extension has 6een given and the time has lapsed. He said there is no other provistons in the Code for any additional extensions. He said according to this, the Administratton would have no cho�ce but to declare the bui7ding permits null and void. Fle said there are no provisions for the Council to waive this requirement, rie said he thought legally, it would be best if the Council did not waive the provision. rie rem�nded the Council of the content of the Code, and said the Council would have the authority to go beyond the time period by the extension of a 90 day period and this is all. � The City Attorney suggested if the Council would follow the recommendation of the Administration, he felt the monies paid for the original building permits should be either refunded or credited to the new amount for the building permits. The Pu61ic Works Director again pointed out that Mr. Miller's office indicated he would not be �n attendance at the meeting. Ele satd he specif�cally questioned if Mr. P1iller would want to have the consideration tabled for consideration when it would be possible for him to attend and he was told Mr. L4ilier wanted the Council to take action. Mr. Sobiech further po�nted out that he had informed the Miller office that the only information to be given to the Council would be the Adm�m strative recommendation to declare the permits null and void, but they requested action in Mr. Miller's absence. MOTION by Councilman Starwalt to declare the building permits null and void, but th�t the monies applied to the original permits be refunded or credited to the new permits 4� � '� REGULAR COUNCIL MEETING OF DECEMBER 16, 1974 PAGE 4 and that the proper charges be taken care of for the Metro Sewer Board. Seconded by Counci7man Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF DECEMBER 76, 1974: CONSIDERATION OF A PROPOSED PRELIMINARY PLAT. P S �NUE The Public Works Director advised the Council that the Planning Commission at their meeting of December 4th recommended approval of the plan with the four stipulations listed in the minutes, He said the present action of the Council shauld be to set a public hearing. �10TION by Councilman Starwalt to set a public hearing on the matter of a pre7iminary plat P. S. ,�74-08 as requested by Mr. George L. Walqutst for January 13, 1975. Seconded by Councilman Utter. Upon a voice vote, all voting aye, f4ayor Liebl declared the motion carried unanimous7y. Councilman Starwalt noted that the drainage in th�s area is critical. Mayor L�ebl said this could be discussed at the Pu61ic Hearing. The Public Works Director pointed out that the recommendation of the Planning � Comm�ssion was that an appiicaiion for a special use permit was not necessary at this time, but the stipulations on the current special use permit should be modified. He further explained that in the original special use permit, the wood fence had been stipulated for screening purposes because there was storage of mater�al in this area. ife pointed out that the present request asked for the use of a chain 7ink fence for security purposes and there is not much material being stored in th�s area with the present usage. Mr. Sobiech said the area in question is ta 6e used as a display area rather than a storage area. He repeated the request would be to change the st�pulation requiring a wood screening fence to a chain link security fence. MOTION by Counc�lman Breider to approve the request for the modification of the� original stipulations of the 5pecial Use Permit to allow the installation of a chatn link fence for security purposes at Frank's Nursery. Seconded by Councilman Utter. Upon a voice vote, all voting aye, �-layor Liebl declared the motion carried unanimously. The Public Works Director said the Planning Commission had recommended approval of the extension of the special use permit with several stipulat7ons as listed on pages 7-K through 7-L of the agenda booklet. MOTION by Councilman Starwalt to concur with the recommendat�on of the P7anning Commission and grant the Special Use Permit for five years for the Mobile Home Facility as requested by Reynold Swanson with the stipulations recommended by the Planning Commission. Seconded by Councilman Breider. Upon a voice vote, all voting aye, flayor Liebl declared the motion carried unanimously. ��OTION by Councilman Utter to receive the minutes of the Planning Commission Meet.ing of December 4, 1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PARKS ANb RECREATION COMMISSION MEETING OF NOWEMBER 25, Councilman Utter said before the Council receive the minutes there is an item he wouid � REGULAR C�UNCIL MEETING OF DECEMBER 16, 1974 PAGE 5 ��,i like to discuss. He referred to the consideration of the elimination of the ice at Ed Wilmes Park and said there were several people in the audience concerned about thts decision. 1{e said before the meeting of the Parks and Recreation Comm�ssion ad,7ourned, a motion was made to drop the ice skating areas at Ed Wilmes Park and P1ymouth. He said the people of the area are concerned about loosing this rink, and it was �ust the last year when they were able to get one in there. He said he had talked to many people in the area about this he had also talked to the City Manager. He thought the only thing � that could be done is find the money someplace for this ice maintenance. He said when thepeople had called him concerning the continuance of the skating rink, he had directed the calls to Councilman Nee. P40TION by Councilman Breider to ask the Administration to leave Ed Wilmes Park in the plans for an ice skating rink and maintenance for this winter season. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Councilman Utter said he would also like to comment on the matter of the g�rls broom- ball activities. He mentioned that the members of the Council had worked hard to obtain ice facilities and hockey rinks for Fridley. He said originally, the rinks were provided for boys playing hockey. He continued stating the girls have only one rink, Flanery. Councilman Utter said according to the minutes of the Parks and Recreation Commission, the girls had requested the use of another facility, Rice Creek School. Also, in the minutes it is stated by some that the girls wanted a warming house. Ne continued to explain that when the girls are playing broomball, �hey seldo,n need the use of the warmtng house. He said another claim is that if the ice is used for broom- Lall, this would allow for the straw from the brooms getting on the rink. Councilman Uttter disagreed wi�h this stating, the girls are required to use the best possible equipment and this was not possible. Councilman Utter explained that the participation in the hockey association is equal in numher to what it had been in years past, out the number participating in hockey had decreased and broomball enrollement had increased Councilman Utter said he believed the girls are entitled to as much as the boys He stated, he thought the City should provide another facility for the girls broom6all. � MOTION by Councilman Nee to instruct the Administration to find one more sheet of ice for the use of the girls broombal7 teams. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. L� MOTION 6y Councilman Utter to receive the minutes of the Parks and Recreation Comm�ssion meeting of November 25, 1974. Seconded hy Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimous7y. RECEIVTNG THE MINUTES OF THE CITIZEN BIKEWAY COMMITTEE MEETING OF NOVEMBER 19, 1974: MOTION by Councilman Utter to receive the minutes of the Citizen Bikeway Corrmittee meeting of November 19, 1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carr�ed unanimously. RECEIVTNG THE MINUTES OF THE CITIZEN 6IKEWAY COMMITTEE MEETING QF DECEMBER 4, 1 MOTION by Councimlan Utter to receive ihe minutes of the Citizen Bikeway Committee meeting of December 4, 1974. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Lieb] declared the motion carried unanimous�y. :ri � ae�o CONSIDERATION OF APPROVAL OF AGREEMENT BE7WEEN CITY i nor nr nnnnrnrv_ The Pu61ic Works Director pointed out that the Planning Commission had recommended approval of the plat wtth a number of stipulations. Fie said Grace High School agreed with the first three stipulations, 6ut do not fully agree with the fourth stipulation. Ne continued to explain the disagreement hetng that the High School would like to enter into a five year agreement. lie said at the present time, the City and High School are working on a month to month basis. He said the proposal and agreement would be cancelled upon notice from either party in the agreement at any point in time. He said another consideration would be that the City would l�ke to use the Grace H�gh School Tennis courts for tournaments. The Public Works Director said he felt the agreement shou1d be a longer period of time with the clause for renegotiations and extensions in time periods. G�� REGULAR COUNCIL MEETING OF DECEMBER 16, 1974 PAGE 6 Councilman Utter said he believed Grace High School should pay the requ�red amount for the park fee. He recalled thai Miller, 0'Gannon and Pine Tree Builders had all met this requirement. i�e said they did not have the chance of ineeting the requirements or offering facilities. �ounc�lman Utter said he could not buy the agreement proposal. He continued to state that if he would have come in with a proposal to plat 14 lots, he would haVe to pay the � park fee. He said this should be a permanent thing, not a month, five year, ar ten year plan. rle stated he believed the City should receive the money or some land to compensate for the park fee. -ihe Public Works Director said at the present time, Grace High School is not in a position to compensate by giving land. He added, this is why the City had negotiated for the use of the facilities. Mayor Liebl said he would l�ke to see the new Council work out the agreement with Grace High School. He mentioned they had worked hard on the plat and the City would have to be consistant and be practical for the City and the property owner. �ie also said the Counci7 would have to be fair to the other peopie who had platted property in the City. The Public Works Director said he had been talking to the Grace High 5chool represfantatives and they believed this was the most they could propose at the iime. Mr. Gnerre agreed saying they were proposing their final agreement. Mr. Gnerre said it had been the Planning Comm�ssion recommendation that the agreement be reached for the use of the facilities in lieu of the park fee. The City Attorney said the agreement would be contingent on both parties being in agreement. F!e commented th�s was a five year proposal and after this, both parties could get together on renewing it, Councilman Breider asked if there would be anyway that this could be more aff�rmative. Mr. Gnerre said he did not know of a way that the present school board could do the contracting for the future school boards. ' The Public Works Director said the second part of the agreement with some question is the f�fth stipulation. Mr. Sobiech said the agreement proposed a five foot sidewalk easement east of Matterhorn Drive, south of Gardena Avenue and west of Arthur Street. The Pu61ic Works birector continued to explain that the Bikeway/ walkway Committee had come up with a preliminary route selection and this did not coincide with the suggestions. He said they had suggested a route on Matterhorn Drive, not on the east of Matterhorn Drive, but on the west of Matterhorn Drive. He said he doubted if there would be a need for the installation of sidewalks on both sides of the street. The Public Works Director commented that there would not be a need for dedication of a sidewalk easement on Arthur Street because the roadway is 37 feet wide and the easement there is 60 feet, there would be no need for additional right of way. i"r. Sobiech said he would agree with the easement on the west side of Matterhorn Drive. Councilman Starwalt said he would be reiuctant to approve the plat and negotiate the agreement after this. He said if Grace High School would agree to pay the fee of $300 per lot first, this would be satisfactory with h�m. He said he would like the answers to more of the quest7ons first. ��i0TI0N by Councilman Starwalt to approve the final plat as requested by Grace High School for the property south of Gardena Avenue N. �„ concurring with the first � three stipulations as recommended by the Planning Commission, and contingent on agreement 6eing reached on the fourth stipulation wh7ch was revised to require paymen t o f t he $ 4, 2 0 0 par k fee o r, as a n a l t e r n a t i v e, n e g o t i a t e a n a gree ment for use of recreational facilities at Grace High School in lieu of the park fee, and amending stipulation number five to state that a five foot sidewalk be provided on the west side of Matterhorn Drive and the south side of Gardena Avenue (delet�ng requirement for easement on Arthur Street) and that the assessments for the sidevaalk be taken care of according to City policy. Seconded by Councilman Breider. The Attorney representing Grace Nigh School addressed the Council and said it is his understanding that if the $4,200 park fee is paid, 'chere will he no other conditions for the park requirement. He stated that the stipulation for the sidewalk was in line with what they had sug9ested in their letter to the City. (,e commented that the requirement to pay the $4,200 park fee with the option of � � �� RLGULAR C011NCIL MEETING OF DECEMBER 16, 1974 PAGE 7 leaving this amount open for negotiations on an agreement would be fine. Ile further stated that if some agreement is not reached in a reasonable amount of Cime, they would pay the $4,200 park fee. He said at this time the plat would be approved. The Attorney continued to siate that Grace accepted the first three stipulations as recommended by the Planning Commission, they were fine. It had 6een on numbers four and five where there was some questions. � The Attorney for Grace High School questioned how the cost of the installation of the sidewalk would be levied. He explained that in their letter to City they had requested that this assessment not be paid by Grace. Counci7man Starwalt said he thought the sidewalk being on the residential side of the street would be assessed to the home owners. The City Manager informed the Council that Matterhorn Drive and Gardena Avenue were both State Aid Roads and the normal policy for th�s situation would be that the residential home owners would pay a normal rate for a residential street and the added assessments would be taken care of 6y other funds. r Mr. �lervin Herrmann, City Assessor, explained this would be the case in the res�dential areas. l�e questioned if this policy would apply for the other port�on of s�dewalk. Mayor Liebl said St. Wtlliams was assessed for sidewalks. He said he thought this policy was only followed in residential areas. Mr. Ilerrmann said this was correct. Councilman Starwalt said the City would have to take action consistant with the policy. P1r. Herrmann said the lots on the residential portion of the roadway would not be assessed for sidewalk, but on the south side of Gardena, Grace High School wi71 be assessed. UPON A ROLL CALL VOTE, ��iayor Liebl voting aye, Counc�7man Utter voting nay, Counci7man Nee wting aye, Councilman Breider voting aye, and Councilman Starwalt voting aye, ��layor Liebl declared the motion carried four ayes and one nay. RESOLUTION N0. 130-1974 - APPROVING EXCHANGE OF PROPERTY FOR PARK PURPOSES: AND The Public Works Director pointed out that item number five (Consideration of First Reading of an Ordinance Relating to the Sale of Real Estate Owned 6y the City) was to be discussed tn conjunction with this item. The Public Works Director referred the Council's attention to page 12 of the agenda and pointed out Lots 10 through 15 which had originally been needed by the City for ponding purposes. Ne said it is now recommended that Lots 12 through 15 be traded to Mr. Harris for Lots 1 and 2, B1ock 1, Harris Lake Estates. lie sa�d this would allow for the installation of a 7arger park on the south of Mississ�ppi Street. tie said his recommendation would be that the Council approve the f�rst reading of the ordinance authorizing the sale of Lots 1D and 11, Block 6, Oak Grove Addition at this time also. He also recommended the adoption of the resolut�on to trade the properties. He said the City's acquisition of Lots 1 and 2, Block 1, Harris Lake Estates would increase the size of the park in this area. The City Attorney said tf the Council takes action to adopt the resolution which would authorize the irade of property, the ordinance for the sale of property should be changed to read, "Lots l� through 15, Block 1, Dak Grove Addztion." He added the reason for this amendment would be �hat the Ciiy would be selling all of the lots even if the sale of Lots 12 through 15 would be by trade. � Councilman Starwalt recalled that in the original discussions on the plat of Harris Lake Estates, that the property owner to the east of Lots 1 and 2, 61ock 1, Harris Lake Estates did not want the park property to abut their property He mentioned that there had 6een some agreement in this area, and thought this could be worked out. Mr. David Harris addressed the Council and explained that this was the Gonsior nroperty and his original negotiations with these people brought about the people indicating they would rather have a residential structure or a house next to their home. He explained their fear io be that someone would drown in the pord. Ffe said this area was shown as residential area on the preliminary plat because of the Gonsiors' wishes. Mr. Harris said Councilman Utter had expressed the desire to enlarge the park and this is the reason for the current proposa7. Councilman Starwalt said he was in agreemen� with the proposal for the trade of 21� REGULAR COUNCIL MEETING OF DECEMBER 16, 1974 PAGE 8 properties and enlargement of the park. Councilman Starwalt questianed if this was equal area in trade. Mr. flarris said the area of the land would be approximately equal, but not in value. Mr. Harris said according "ta appraisals he had received, the lots on the lake would have a higher value because of the view of the lake. He also stated that the lots in Oak Grove Addit�on are surrounded 6y older homes and this would be another factor in considering the value equality. Mr. Dennis Schneider asked what the current value is of the lots in Harr7s Lake � Estates compared to those on Fridley Street. The Public Works Director said he had worked with the City Assessor on this and the figures for the value of the lots had come out very close. P1r. Herrmann agreed and stated they were very close. f�1rs. Lee Ann Sporre, 301 Ironton, questioned who had the lots filled. The Public Works Director said these lots were f711ed by being used as a d�sposal site for the construction of the street improvement on Mississippi. Mrs. Sporre said then, the City filled them. The Public Works Director said the contractor filled them. Ele explained it is up to the contractor to dispose of the excess f�ll and if a site can be designated by the City for the disposal of this fill in the immediate area, this lessens the cost of disposal by saving t�me and traveling expense for the contractor. He said this would mean a savings of money on the street improvement pro�ec t and saving on the contractor's expenses. MOTION by Councilman Starwalt to waive the reading of the ordinance and adopt the ordinance on first reading changing the word�ng to "Lots 70 through 15, Block 6, Oak Grove Addition". Seconded by Counci7man Utter. Upon a roll call vote, Councilman Utter voting aye, Counci7man Nee voting aye, Councilman Breider voting aye, Counci7man Starwalt voting aye, and Mayor Liebl voting aye, f>tayor Liebl declared the motion carried and the first reading adopted. f90TI0N by Councilman Starwalt to adopt Resolution No. 130-1974 appproving exchange of property for park purposes and also approving the agreement with David 0. Harris and Jan�ce M. Harr�s for exchange of property in Harris Lake Estates for Park purposes. � Seconded by Councilman Utter. Upon a voice vote, all voting aye, Playor Liebl declared the motion carried unanimously. Councilman Nee questioned if the Administration would like some instructton-on how to sell the lots. The City Manager said he wouid obtain a professional appraisal and thts would amount to a cost of approximately $250. Councilman Nee asked to have this item brought back to the Council before any final action is taken on the sale. fdOTION by Councilman Utter to adopt Resolution No. 131-1974 authorizing participation in th Suburban Rate Authority and Directing the Execution and delivery of a Joint Powers Agreement and Designat�ng Councilman Starwalt as Representative of the City as its member on the Board of the Suburban Rate Authority. Seconded 6y Councilman Breider. Upon a voice vote, all voting aye, rlayor Liebl declared the motion carried unanimously. RESOLUTION N0. 132-1974 - AUTHORIZING A DEFERRED COMPENSATION PLAN FOR THE CITY OF FRIDLEY. Councilman Breider said as he read the informat�on, it had been determined that there would be no cost to the City, but this is not mentioned in the Resolution. P10TION by Councilman Breider to amend the Resolution by inserting "WHEREAS, It does � not requ�re any monetary contribution from the City, and". Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. i90TI0N by Councilman Breider to adopt Resolution 132-1974 as amended authorizing a deferred compensation plan for the City of Fr�dley. Seconded by Councilman Starwalt. Upon a voice vote, all vot�ng aye, Mayor Liebl declared the motion carried unanimously. � C � �� �a REGULAR C�UNCIL MEETINf OF DECEMBER 16, 1974 PAGE 9 RESOLUTION N0. 133-T974 - STATING INTENT TO PARTICIPATE IN COOPERATIVE COMMUNITY DEVELOPMENT FUNDING: Councilman Breider said he would like an Administration explanat�on on this item. The City Manager said under a new federal law, there would be some funding available fvr communities with populations below 50,000. Ne said the chances of obtaining this funding are very remote since there is only one and a half million dollars available for the metropolitan area. He said the proposal would be to form a,7oint ad hoc corronittee for planning the use at some level, services, and priorities. He said if the City were to improve their rating under policy #31, they could obtain funds direc�ly. He said there would be no commtttment to an indefinite per�od of time w�th the adoptton of the resolution and agreements. He said this would only approve the letter of intent. MOTION by Councilman Nee to amend the Resolution with the deletion of, "(official, inanager, or department)" and insertion of, "the City Manager, Nasim Qureshi, or his agent". Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimous]y. MOTION by Councilman Nee to adopt Resolution No. 133-1974 as amended, stating intent to participate in cooperative Community Development Funding. Seconded by Councilman Breider. Upon a votce vote, all voting aye, f+iayor Liebl declared the motion carried unanimously. RESOLUTION N0. 134-1974 - ORDERING PERLIMINARY PLANS, SPECIFICATIONS AND ESTIMATES Councilman Nee asked if the public hearing notices would be sent out to the peop1e with the total cost of the pro,7ect noted at one million dollars. The City Manager explained that it is the policy of the City to put the total amount of the project on the public hearing notices even when there would be federal funds and other funds aiding in the payment of the project. Counciltnan Breider said he believed that approx�mately $200,000 would be the City's share of the funding of the project. 7he City Manager explained that the normal rate for assessment for residential streets would be assessed to the henefited property owners. He said the report would be presented to the Council. He added, the Federal contribution to the pro,7ect would be one million, the County would fund one half a million dollars. ile said there would be �ust a small portion of the cost assessed to the property owners. He said the railroad would also be paying a substantial portion of the assessments. The City Manager said the Council can authorize agreement with the County after the public hearing. �IOTIQN hy Councilman Nee to adopt Resolution No. 134-1474 ordering perltminary plans, specifications and esttmates of the costs thereof, Street Improvement Project ST. 1976-4. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ING A PUBLIC HEARING MOTION by Councilman Utter to adopt Resolution No. 135-1974 receiving the preliminary report and calling a public hearing on the matter of the construction of certain improvements, Street Improvement Pro,7ect ST. 1976-4. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, rlayor L�ebl declared the motion carried unanimously. RESOLUTION N0. 736-1974 - P,UTHORIZING AND �IRECTIIJG THE SPLITTING QF SPECIAL MOTION by Councilman Utter to adopt Resolution �do. 136-1974, authorizing and directing the splitting of special assessments on Parcel 1800, Section 3. Seconded by Counr.ilman Starwalt. Upom=a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION N0. 137-1974 - AUTHORIZING AN� DIRECTING THE COMBINI f10TI0N by Councilman Utter to adopt Resolution No. 137-1974 authorizing and directing the combining of special assessments on Lots 4 and 5, Block 8, Ilamilton's Addition to n (� ��11 REGULAR COUNCIL MEETING OF DECEMBER 16, 1974 PAGE 10 Mechanicsville. Seconded by Counci7man Starwalt. Upon a voic e vote, all voting aye, I-1ayor Liebl declared the mot�on carried unanimously. RESOLUTION N0. 138-]974 -,aUTHORIZING THE CHANGING OF BUDGET APPROPRIATIONS WITHIN THE GENERAL FUND: f10TI0N by Councilman Nee to adopt Resolution No. 138-1974, authorizing the changing of budget appropriations w�thin the General Fund. Seconded by Counci7man 5tarwalt. � Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSI�E°ATION OF AUTHORIZING ACCEPTANCE OF NON-IrJAI T AN� RESERVATION OF The City Attorney said the letter in the agenda had been received from the carrier of the City's 7iabi7ity coverage and states that they had received a summons and complaint on this file. Ile said the letter states since the insurance company does not know all of the facts, chey are not in a position to determine if the allegations are within the terms of the insurance policy. He continued to explain that the company would defend the City and let them know the facts as the trial progresses. ile said at this t�me it will be determined if the City �s fully covered, partial7y covered, or not covered at all. Vie pointed out in the letter in the agenda that they had requested him to sign the letter after he had received the City's authority to sign it. He explained that he believed this would need Council authorization. Councilman Breider questioned what the City was being sued for. The City Attorney explained that Dailey Homes, Inc, owns the property ad�acent to the pond of Harris Lake Estates. Mr. Herrick said Dailey Homes are claiming by reducing the level of the pond in Fridley this reduced the water in New Brighton. The City Attorney said the minutes of the City Counc�l meetngs wi71 indicate that he had raised this questton at the time development was proposed. lie said at that time, he was told that the Fridley and New Br�ghton Engineering Staffs were talking about this being a,7oint project. He stated, Fridley decided to go ahead with the project and New Brighton decided , against it. The City Attorney said he did not believe the amount of the damages would 6e too much. iie said the Insurance Company would answer and he needed Council author- ization to s�gn the Reservation of Rights. MOTTON by Councilman Nee to authorize the City Attorney to sign the Noh-Waiver Agree- ment and Reservation of Rights. Seconded by Counci7man Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the rrrotion carried unanimously. CLAIMS: GENERAL 38105 - 38274 LIQUOR 9408 - 9452 MOTION by Councilman Utter to approve the claims. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. APPROVAL OF FIRE DEPARTMENT PAYROLL, JUNE 16, 1974 THROIJGH DECEMBER 10, 1974: I��i0TI0N by Councilman Nee to approve the Fire Department Payroll from �une 16, 1974 through December 70, 1974. Seconded by Counc�7man Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. LICENSES: CHRISTMAS TREE LOT 7699 Viron Road Fridley CIGARETT� f�9enard Cashway Lumber 5351 Central Avenue FOOD ESTABLISHMENT rlenard Cashway Lumber 5351 Central Avenue � Sherman Hanson Menard, Inc. Menard, Inc. APPROVED BY Deputy Fire Chief Public Safety �ir Health Inspector FEE � _ $125.00 ($700 deposr-� $72.00 $10.40 Pro-rated � REGULAR COUNCIL MEETING OF DECEMBER 16, 1974 SOLICITOR BY Grarariums One World Crusade Unification Church Dennis Conrad MULTIPLE DWELLING James J. Parnon 1675 Grand Avenue St. Paul, Mn. �5105 Eugene E. Lashinski 1035 Polk Place N. L-. Elliot V. Senincasa 6063 3rd St. N. E. ADDRESS 361 74th Ave. fJ. c 4030 Main Street N. C APPROIlED BY Public Safety Dtr UNITS FEE 8 $15 � 6051 53-55 3rd St. N. E. 3 $15 $15 "� `?1 PAGE 11 FEE �Jon-profit APPROVE� BY R. D. Aldrich R. D. Aldrich R. D. P,ldrich MOTI�N by Councilman Breider to approve the licenses. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously LSTIMATES: Peter Lametti Construction 615 Drake Street St. Paul, flinnesota 55102 PARTIAL ESTIMATE N0. 3 for Sanitary Sewer Improvement No. 113 (Central Avenue Relief Sewer} Comstock & Davis, Inc. �1446 County Road "�" Minneapolis, Minnesota 55432 For furnishing resident inspection and resident supervision for staking out the following construction work PARTIAL #3 for Sanitary Sewer Improvement Pro�ect No. 113 from November 4 through November 30, 1974 PAR7IAL #6 For Sanitary Sewer & Water Improvement Pro,7ect No. 715 from Navember 4 through November 30, 1974 PARTIAL #11 for Sanitary Sewer, Water & Storm Sewer Improvement Project No. 114 from November 4 through November 30, 1974 Carl J. Newquist, City Prosecutor Smith, Juster, Feikema, Haskvitz & Casser7y Builders Exchange Build�ing Minneapolis, Minnesota 55402 For lega7 services rendered as Prosecutor for November Virgil Herrick, City Attorney � Weaver, Tal7e & Herrick 316 East Main Street Anoka, Minnesota 55303 For legal services rendered during November, 1974 $ 900.00 ..• : 456.63 �� .: 1,345.00 1,110.00 MOTION by Councilman Utter to approve the Estimates. Seconded by Councilman Nee. Upon a voice vote, al] voting aye, f�layor Liebl declared the motion carried unanimous]y. COMMUNICATIONS: CITY ATTORNEY. VIRGIL HERRICK: DEDICATION OF PARK LAN� IN INNSBRUCK NORTH. i�40TI0N 6y Councilman Utter to receive the communication from the City Attorney concerning the dedication of park land in Innsbruck North and dated November 21, 1974. Seconded nr � � / REGULAR COUNCIL MEETING OF DECEMBER 16, 1974 �y Councilman Breider. PAGE 72 The City Attorney explained that there had been a number of letters exchanged concerning this dedication of park land in Innsbruck North. He said the letter in the agenda was written 6y himself to Mr. Billman and it pointed out that he had an o6ligation to dedicate the land to the City regardless of any agreement with the Darre7 Farr Corporation. The C�ty Attorney continued to explain that in a telephone conversation with Mr. 6i71man, ne pointed out that Farr is delinquent in the payment of $15,000 and they had come � to an agreement that this be paid by the month in the amount of $1,000 per month for 15 months. The City Attorney said it was his feeling that it is Mr. 3illman's obligation to deed the land to the City and he felt this should be brought to the Council's attention. UPON A VOICE VOTE, all voting aye, Mayor Liebi deciared the motion carried unanimously. The City Attorney further advised the Counci7 that the agreement has been recorded with the property, but the City's position would be stronger if they did have the deed to the property The City Attorney said the City is in a good position at the present time, but if the Council wished to have him ask for the deed, they should advise him of this. MOTION by Councilman Starwalt to authorize the City Attorney to ask for the deed for the land which was to be ded�cated to the City by Mr. Billman by agreement for Innsbruck North. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl dec7ared the mot�on carr�ed unanimously. THANK YOU TO CITY EMPLOYEES FOR PAS7 YEAR'S WORK AND GREETINGS FOR THE HOLIDAYS: r�layor Liebl said ht thought it would be tn order to offer a motion thanking the City Employees for their work of the past year. He said he would also like to wish the City Employees a Merry Christmas and a Happy New Year. MOTION by Councilman Nee to thank the City Employees for the past year's work and � wish them a Merry Christmas and a Happy New Year. Seconded by Councilman 5tarwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. riEQUEST FOR LEGAL OPINION CONCERNING CHRLLENGE OF RANKING IN POLICE DEPARTMENT: Councilman Nee said he had received a call from one of the Police Commissioners that evening and he would like to speak to the point of ranking in the Police �epartment. He said there is no challenge concerning the abolishment of the position, but there is a challenge on the ranking. Councilman Nee said in his conversation with ihe Poiice Comm�ssioner, he was advised that the Police Comission would like an opinion on th�s question from the Attorney General. The City Attorney said he had done some research on whether the City can abolish a position for economical reasons. He said perhaps, he had mininterpreted the letter from the Police Commission. lie said his opinion was that this position could be abolished without a hearing. The C�ty Attorney said he had tried to contact Mr. Warren Spanus that day, but was unable to reach him. He said there was an old Attorney General's opinion that the position could 6e abolished without a hearing and a7so a Supreme Court dec�s�on that also said th9s could be done. The City Attorney said he was confident on this point. The City Attorney said whether or not the Council should obtain an opinion from the Attorney General on the point in question would be up to the Council to decide. Councilman Nee said Mr. Wilbur Whitmore, Police Commissioner, had explained the � question to be, if the position is abolished, does this just a6olish the person's tit7e, and is the employee entitled to a job at the next lower ranking position. t,ouncilman Nee stressed, the Commissioner wanted an Attorney General's opin7on. �he City Attorney said he had not researched this point. MOTION by Councilman Nee to direct the City Attorney to research and prepare a legal opin�on on the qwestion of ranking in the abolishment of a position. Seconded 6y Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. REGULAR COUNCIL MEETING OF DECEMBER 16, 1974 �1DJOURNMENT: PAGE 13 � �� �, �,,�; f10TI0N by Councilman Utter to ad,7ourn the meeting. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl dec"lared the motion carried unanimously and the Regular Meeting of the Fridley City Council of December 16, 1974 adjourned � at 10:40 P.M. Respectfully submitted, ����� �� � . Pat Ranstrom Frank G. Liebl � Secretary to the City Council Mayor //� /�s Oate Approved � �