01/22/1976 - 00016887��
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Ti;iE MINUTES OF THE REGULAR COUNCIL MEETING OF JANUARY 22. 1973,
The regular Council Meeting of the Fridley City Council was called to order at
7:32 p.m., January 22, 1973, by Mayor Liebl
PLEDGE OF ALLEGIANCE.
Mayor Liebl led the Council and the audience in saying the pledge of Allegiance
to the Flag.
INVOCATION
The invocation was offered by Mayor Liebl.
ROLL CALL.
MEMBERS PRESENT: Nee, Breider, Starwalt, Liebl, Utter
MEMBERS ABSENT: None.
ADOPTION OF AGENDA:
Add: Change Order {#2, Upgrading Rock Material, New Fridley Liquor Store.
Report on Changes in Police Equipment, Mr. James Hill.
Communications added:
Letter iroin Senator Mondale.
Thank you card from Mr. Terry Kirkham.
Letter from Ed '�Jilmes, Islands of Peace Committee,
MOTION 6y Councilman Starwalt to adopt the agznda w rth additions. Seconded
by Councilman Sreider Upon a v�iced vote, all voting aye, Mayor Liebl
declared the motion carried unanimously.
V IS ITORS.
Mr. Robert Schroer, 49� Rice Creek Slvd, request for lot splitinq:
Mr Scnroer asked if it were possible f-or the Council to approve the lot
split to enahle for construction to begin as soon as possible. The City
Engineer said this was a simple lot split and was for tha land north of
Dsborne Road The construr_tion of a To�n Crier Pancake House is planned on
the property. He said the Planning Commission would discuss the matter at
L-heir next meeting (Wednesday, January 24, 1973), and it would have returned
for Council approval in about two weeks.
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Mayor Liebl asked if the item would be on the agenda the first meeting in
February The C rty Engineer said it could be approved at this time sub�ect
to approval by the Planning Commission, ena6ling the construction to beyin
Councilman 3reider said the permit request had be2n approv°d the previous
week by the Council. �
RFGULAR COUNCIL MEETING, JANUARY 22, 1973
Page 2
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� MDTION by Councilman Breider to approve the request for a lot split, continge�t
upon approval by the planning �,ommission. Seconded '�y C�uncilmai Utter. Upon
a doice vote, all voting aye, Mayor Liebl drClared the motion carried unanimously.
PUBLIC HEARIlVf,S:
None,
OLD BUSINESS'
RFCEIVING RFPOR? DN COfJS�JLTANT'S FE,451BILITY STUDY FOR NORTH PARK-
Mayor U ebl called up on tnz City Manager c�� ;�r°sent chz rapori.
The City Manage; pa�sed out explanatory ri�ate�ials to t`�e audience, ,ye saiJ
tiie�e iad hraei cons�dera:�le publicity on the various uses of North Park,
yet, very tittle �ac�ua1 ii�For�naT�un on iLs uci1iza_ion has ��ee,i assembled
Tn�°r° were a numUer �f conside;a�ions to be de�_ided aoon 5eiore �'i�; pror_elure
,_�ylij �I° iJ��O���?� i-IiSi.� fhe �IC� IT1415t d2(;Idfl 011 a consultant. A consultant
could bring ihe utilizacion Sac�: inYU Foc�_is ri�i� provid° inF�rm�r_i��i ior di�
c.assi��n on tha marl-er This could 'ue a proble,n ss it would Se necessary to
Find one wno ha, done s�udie; on b�th go1Y �»rse, and �i�! ���� _e�ter; I��
'nis o�i�o��,� �_nera ,�a5 o��e Fi-�n �ua7ified, pra.�er 3�d Associates, �nd t1�ey
had suiu�nitted a proposal, Ne sai� a, this `_i,nz he �a:,�ld ad��isa tie Council
� co ;,inp1y r�,_�� aa Lhe propo��' ,a��l not �ake any act ���n ,�n ��, He suggested
they take the next couple of weeks to study the proposal and question the
people in the community about the proposal, He suggested that the committee
submit a community report on the proposal The City Manager suggestea
Councilman Breider act as a moderator. In two weeks, the Council could act
on the consultanT's proposal, and hear the recommendation of the Administra-
tive Staff. At this time, they could talk over some of the problems that
exist.
The City Manager said the 2nd ste�, if the C rty did decide to proceed with the
study, would be to allow ninety days to complete the study, At this time
he suggested a Community Interaction Seminar for the first 30 days of the
study He said this would enable to total community to provide their views
The results of this sem mar would be presented to the Council in the form of
a report. Public Hearings would be held to present 6oth ihe consultants'
proposals and the fea:.ibility study. After that, the actual decision for
a golf course or nature center could be made. The City Manager said there
was a third proposal and this would be no action at all.
The City Manager said the actual decision could be made around the middle of
June. He added, as there are two very different proposals, the type of fund-
ing will depend on the development
F{e explained the Nature Center would not provide revenue and the golf course
would be a revenue providing activity. There would be two alternatives for
� financing the nature center One method of funding would be to appoint a
committee for the purpose of gaining support for a bond issue and ai�ow the
issue to go before the voeers on November 7, 1973 If the voters approve of
this plan, bonds could be sold, plans and speu fication could be prepared,
construction contracts awarded and actual construction 6egin Another method
of funding the nature center would be to be to establish = capital outlav
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REGULAR COUNCIL MEETING, JANUAP.Y ZZ, 1973
Page 3
fund to accumulate funds, however, this could take a number of years. He said
there was also a possib�lity of the part�cipation of Anoka County m the plan
and funding. He said he viewed the possibility of State and Federal funding
of a pro�ect of this type slight
If the decision is for the golf course, the City Manager said, the City
could sell gross revenue 6onds, without requiring a vote from the people, as
there is no obligation as far as taxes are concerned with gross revenue bonds,
All revenue produced Ly the golf course would be used first for the retirement
of the bonds, Construction on a golf course could begin as early as Septem-
ber 1, 1g73.
The City Manager stressed the purpose of the presentation was to acquaint the
people and the Council with the various plans, enabling them to raise ques-
tions of the consultants when they meet together in two weeks He mentioned
several pro�ects done by Brauer and Associates, stating it would be possible
to determine the quality oF their work by asking Brooklyn Park the results
of their feasibility study He added, they had also done a study for a site
locat�ion in Richfield, the work on Ma�estic Oaks, in Eden Prairie, and
several other remodeling �obs. He said they had worked on the Wood Lake
Nature Center and Lhe Carver Nature Center
Councilman Breider said this was a fairly accurate schedule and he and the
committee would be meeting some time before the February 5th meeting. He
said he would like to esta6lish some ground rules at these meetings. He
asl<ed the Council iF they were in agreement with his suggestions for the
comm rttee meetings,
Mayor Liebl asked if there were any ob�ections to the people selected for
the committee Councilman Nee asked if there were a chance the committee
could be made broader� He sa�d it seemed to him the Council was only setting
up a sparring inatch. He added, there are a number of potential uses and the
C rty only intended to evaluate two of them, He said, he had hoped this would
not happen. He stressed the need for more represe�tation on the committee.
He said more than two members from the League of Women Voters and the Chamber
of Commerce were needed. Mayor Liebl said he did not agree. He said the
Committee was to 6e made up of volunteers and he believed it would be a
worka6le committee. He said the ladies from the League had done a study
and Mr. Harris had ideas for input, and Councilman Breider has agreed to
act as moderator The Mayor said he felt this would be a good cross section
of ideas, and he would like to see it done,
Councilman Nee said the mate n als handed out stated "nature center v.s. golf
course," Councilman Breider agreed it would have been better to word the
materials "pro golf course or pro nature center."
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Councilman Nee said what he was trying to say is there are a number of options
and For the amount of money proposed for the study, couldn't more uses be
evaluated� He added, the entire pro�ect has not been processed through the �
f�ark & Recreation Commission. He suggested expanding the Committee Council-
man Breider asked what his suggestians would be for expanding the committee.
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REGULAR COUNCIL MEETING, JANUARY 22, 1973 Page 4
� Councilman Nee said fifteen members would not be an unusual amount when it
involves a decision of this importance Councilman Nee said a public opinion
firm has never been used by the City, to his knowledge, He said, it would
involve one third of the public land and a great deal of revenue. He expressed
his 6el�ef that public opinion could be as valid as a study done 6y a firm of
consultants. He said with the present committee plan, only a very few people
would be represented.
Councilman Breider said he could only see three choices at the present time,
a golf course, a nature center, or leaving the land to be used as a park.
Councilman Nee stressed doing research and finding out what the people want
rn their park system.
Mayor Liebl said they had used Federal, State and local money to acquire [he
property, He said when this money was used, it was to be used for a recrea-
tional type of utilization. The Mayor said the City would not remain in a
favorable light with either the Federal or State agencies that had given
their help if they did not follow through wi�h these plans. He said he
thought a committee of four or five members would be adequate for detailed
input and there would be ample opportunity for the people to present L-heir
views at the public hearing meetings
Mayor Liebl asked Councilman Starwalt if he was in agreement with Councilman
Nee on this point. Councilman Starwalt said he was, but only to a certain
� extent. Councilman Starwalt said he believed the people would question the
great deal of money being spent on the study He said in his opinion the
$14,000 amount was not out of line for a detailed study of this kind, but
he was sure many people would not agree with him.
Councilman Breider said one of the purposes of the committee would be to
act as an input for the people. He added, we hope their suggestions wi11
enable us to reach a decision and not force us to table the issue for another
six months, Councilman Starwalt asked if they would consider opening the
wmmittee to other people 6y invitation. Counc�lman 8reider 5aid he was sure
they would be more than happy to have inore people present
Councilman Nee said as an example, the City Hall building was planned and
developed 6y a committee of one hundred people In his op rnion, he said he
believed the Counc�1 was creating a problem that they had initially iried
to avoid.
The City Manager said the Council must be made aware of the financial aspects
of the various plans. In order to accomplish this they would need professional
consultation. He said this form of study would be similar to a private 6usi-
ness doing market research, and market research is a necessity in business.
He explained that he and Councilman Breider had gathered information and
presented �t to the consultants The City Manager said he bel�eved a carte
blanche direction without the help of the consultants would increase cost
� of what ever type of development was decided upon. He suggesCed asking the
consultants about other possi6le uses when L-hey are present ae the meeting.
He mentioned the fact that a nature center may cost 75G Chousand dollars,
the Council could not consider spending this amount without a great deal of
research.
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REGULAR COUNCIL MEETING, JANUARY 22, 1973 Page 5
The City Manager sa�d the consultant would have to answer questions put to
him by the Council and Committee is a period of two weeks time, He suggested
the committee oe set up to set guidelines. Mayor Liebl asked if there were
any members of the Chamber present, and if they ayreed with the suggestions
and the f-ormation of the committee A member of the Chamber stated their main
concern was the establishment of ground rules.
MOTION by Councilman 8reider to have the suggested four member committee
meet evith himself acting as moderator to set guidelines and consider a
broader scope of input and present a report of what some of those facts
may be at the February 5, 1973 C.ouncil meeting. Seconded by Councilman Utter.
Councilman Starwalt stressed the need Far consideration of the broader scope
of possible uses Upon a voice voLe, all vot rng aye, Mayor L�ebl declared
the motion carried unanimously.
CONSIDERATION OF A REPORT ON FINANCING THE POLICE PENSION FUND •
Mayor Liebl called on the Finance Director, Marvin Brunsell to present the
report to the Council. Mr. Brunsell said the Council had asked him to present
a comparisor of costs af the Pol�ce Pens�on fund, co�tingent on the present
laws He said he had compared the costs of putting the new men in,added to the
force on PERA. He added, there was not enough time allowed to do all the
calculations for the various possible plans. He stressed the fact that the
figures are based on the fact that there will 6e no change in the law during
the time of the execution of the plan. He said the report was done with the
asswnption that the Gw deline Act will remain in force. The second method of
Figuring, the Finance Director explained, would be that the men be put on
the present plan as it is now.
Mr. Brunsell pointed out the various columns of figures presented He sa�d
the plans were figured assuming the deficit is paid over a pe n od of 15 years
He added, if the deficit were to be paid over a longer period of time, it
would mean an immediate saving for the City. He said the C rt y would save
$6,040,125 over a period of 32 years, an average of $188,753 per year if the
new men were to 6e placed on the Police and Fire pERA plan and those presently
employed would remain on the present plan.
The total saving i.i�der the plan of placing only the replacements on the Police
and Fire PERA plan would be $4,391,768, an average of $137,242 over the 32
year period of time,
Mr Brunsell said there are many more combinations that could be figured, but
in order to complete these studies, add rtional information must be obtained
from the actuary on new ratings on the deficit. He added, the explanation
of the normal cosl- reduction was included in the lasY week's agenda
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Mayor Liebl asked why there wouid be no savings to the City under the plan of
plau ng the new men on PERA until the year 198g, and under the plan of putting
replacements on the PERA there is no savings until the year 1993� The �
Finance Director said the reason for th�s was when preparing the figures,
the deficit was to be paid as soon as possible. He said on the plan to put
the new men on PERA,the deficit would be paid in 15 years and on the plan to
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REGULAR COUNCIL MEETING, JANUARY 22, 1973 Page 6
� put the replacements on PERA, it would be paid in 19 years. If the deficit
would 6e carried over a lonqer period of time, the saving would sl-art aY an
earlier date. Mayor Liebl said that under the proposed plan the law would
still require the actuarial deficit to be paid. Mr. Brunsell said the
proposed plans went beyond the requirements of the Guidelines Act. The
Guidelines Act does not require complete payment of the deficit, it requires
payment of the normal cost, maintenance of the present defiu t paying the
interest on that deficit. Tne proposed combined plan goes beyond that and
pays the entire deficit. Gouncilman Breider said in his opinion the City
should be respons�ble for completing paymenC of L-he defi cit.
Councilman Utter asked if the propos�d plan would require the City to make
the contributio�s and allow the employees no payment� The City Manager said
under the �oint plan the employees wou1d still have to contribute
The City Manager said there have been several proposed methods of reducing
the funding costs, and if there was to be any progress made,a decision on
whether the new employees would go into a new plan or if there would be a
reduction of benefits for all employees would have m be made He stated he
had no preference of plans.
Councilman Breider said if the force were absorbed by a Metro Police force,
the City would be totally responsible for the deficit
� Mr. Brunsell said he had no firm thoughts on this possibality He added,
his figures are based on the fact that no add�tional recruiting would be done
and no new men added to the force. He said in his opinion there would probably
be some increase in manpower. Mr. Brunsell said the present per man per
normal cost for the existing plan is $5,565 and the per man per year normal
cost under PERA is $1,464. The difference per man per year would be $4,101
Councilman Utter stated the saving would not be actual until 1989 Mr
Brunsell reminded the council that the reason for this is the immediate
reduction of the deficit.
Councilman Breider asked if under the present laws the Gity could stretch
out the payment of the deficit and reduce the payments. Mr. Brunsell said
the figures could be fed into a computer to determine the various rates of
reduction and their costs.
Mayor Liebl suggested the discussion of modi�ication of benefits instead of
forcing the PERA proposal, He said he though[ this would be a more positive
aspect.
The City Manager stated that these talks began last Jan�ary on the pension
funding, and to date, there had not been much progression of reaching se[tle-
ment. He said he was looking for some firm direction from the Council because
the o6ligations contioued to pile up. He added at the present time the City
is not funding the pension fund properly.
� Mayor Liebl stated that the present proposal does not show a saving to the City
until 1998, he would like to see a plan on a"pay as you go" basis The City
Manager said there were an unlimited number of possi6ilities He said if the
plan were figured over a period of 30 years, a def rnite savings would be shown.
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REGULAR COUNCIL MEETING, JANUARY 22, 1973
Page 7
Councilman Nee asked if the data on the proposals had been provided to the
Police Department, and the City Manager said it had,
Councilman Nee questioned if the present employees would always have full
benefiis, and the new members would be placed on PERA, or if all the emr
ployees are placed on the private �lan there would have to be a reduction
in benefits to meet the funding needs He added with the alternatives
mentioned, the City Manager would have something to talk about in negotia-
tions. He said they also have to consider the benefit level that had been
promised and commited. Councilman Nee said the City Manager could not
negotiate with the Pension Association without the direction of the Council
He expressed hope that the Council would direct him to present the various
plans to the Association
Councilman Breider said there are four alternatives: 1) remain rng on the
presept plan, 2) adopting the Hewitt plan, 3) reducing the benefits, or
4) placing the new men on the Police and Fire PERA plan.
Councilman Starwalt agreed the problem had no simple solutions. He expressed
his concern of what the other City employees would think of the plan, would
they think il was fair7 He added the City was not in as tough shape as some
others He said it would be impossible for the Council to come up with a
firm binding solution at the present time. He added, each input put the
proposed goal a little closer, by enabling alternative plans to be presented
in negotiations.
Mayor �iebi sa�d the City should be very cautious in their selection oi two
di erent plans as he believed this would cause constant bickering within
the De�,a;tment. He said he was reluctant to advance into this type of
predicament
Mr. James McK2rsie, President of the police Pension Association said they
recently had election of officers in the Association He added, they had
received materials at 4:00 p m. that day and were unable to thoroughly
study the proposals. He said he was not prepared to voice an opinion on
the proposed PERA plan, but he did believe it may cause problems with the
morale of the Depa�-tment. He said he had been on the PERA plan for ten years
before he was on the present Fridley Plan, and would not l�ke to go back to
PERA. He said in his opinion, if there would be two programs, it would cost
the City more in the long run to mainta rn them properly He stressed the
fact that he had not had an opportunity to look at the material, Mayor
Liebl asked the names of the newly elected members. Mr. McKersie listed
them as Fred Bebensee, Wally Olson, John Anderson, Richard Huss and himself
Mayor Liebl said it would be in order to receive the report from Mr. Brunsell
and advise the City Manager to present one oF the various proposals to the
Police Pension Association
Councilman Breider asked if the 21% City contribution was to include the
insurance payment or if the insurance payment would reduce the City's
contribution7 Mayor Liebl said the City's contribution, according to the
agreement of last year, would be 21%, the employees contribution 6% and the
insurance paid into the fund in addition He said the insurance contribution
was $20,000 last year
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REGULAR COUNCIL MEET WG, JANUARY 22, 1973 page �
� MOTION by Councilman Nee'to receive the report from the Finance Director
o.n financing the Police Pension Fund. Seconded by Councilman Breider Upon
a voice vote, all voting aye, Mayor Liebl declared the motion carried unani-
mously.
RECEIVING A REPORT ON LIAISON WITH THE STATE LEGISLATURE:
Mayor Liebl called on the City Manager to present the report The City
Manager said he had been directed by the Council to attend the meeting ef
the previous week, for the purpose of discussing the possibility of hiriny a
man to represent the various communities in Anoka County as a representative
to voice their viewpo rnts to the legislature Several communities had commieced
their support and participation in the plan and two were undecided at the
present time. He mentioned the upcoming meeting oF the next evening and
said any Council mem6er wishing to attend the meeting would be welcome. He
added,no eommitments would 6e made at the meetrng, he would return to the
Council and they would agree upon any commitment.
The City Manager said Coon Rapids may drop out of the program because of the
cost, and Blaine would probably not partiu pate. Mayor Liebl reminded the
Council that along w rth the invitation to attend Chis meet�ng, they had
also been invited to attend the meeting regarding the North Subur6an Youth
Services Center, wh�ch would be held immediately after th�s meeting in the
� same vicinity
MOTION by councilman Breider to receive the report on the liaison with the
State Legislature from the City Manager. Seconded by Councilman Utter.
Councilman Nee asked if there had been some discussion on the grounc'ru��s�
The City Manager said there had been and he had emphasized Fridley's point
of view, that the man that is hired should know his way around the legisla-
ture and use other experts when he is in need of assistance. The City
Manager said Mr. �avid Kennedy is exceptionally well qualified,
Councilman Nee asked if the group had arn ved at some agreement of what his
restrictions would be? The Crty Manager said they planned to have frequent
contact with the city councils and some kind of �ob description would be
drawn up.
Councilman Nee stressed his enthusiasm for the program stating he 6elieved
rt should be continued without the participation of Coon Rapids and Blaine
if they believed it unfeasible.
The City Manager said without their partiu pation, the s rz e of the fund would
be 6rought down.
Mayor Liebl asked if any of the mernbers of the Council would ke able to atYend
the meeting. Councilman SYarwalt agreed to attend, and Mayor Liebl said he
� had a previously scheduled meeting, but would try to rearrange his plans
enabling him to attend.
UPON A VOICE VOTE, all �oting aye, Mayor Liebl declared the motion carried
unanimously.
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REGULAR COUNCIL MEETING, JANUARY 22, 1973
ING UP PUBLIC MEETI
VITIES OF STATE LEC
FERRIIARY 21 _ MARf.H
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WITH STATE LEG
Pa9e 9
TORS FROM DISTRICT 46 TO DISC
Mayor Lie61 asked what day of the week the proposed meetings would fall on
Councilman Utter said all the meetings fall on Wednesday evenings.
Mayor Liebl expressed the view that it is a good idea to talk to the Legis-
lators and find out what is going on in the Legislature. He suggested
the community room be set aside for the meetings and fees waived.
MOTION Sy Councilman Breider to reserve the Community Room on the proposed
dates, waiving the fee. Seconded by Councilman Nee.
The City Manager s�id the DFL party had reserved the room, however, he added
the administration may be able to have them change the meeting, or perhaps
attend the proposed meetings. Mayor Liebl asked if loca� people and repre-
sentatives could ask questions. He said this would give the representatives
a chance to communicate.
The City Manager was directed to write a letter to all four men a�d have the
Sun Newspaper publish the dates of the meetings.
UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried
unanimously.
CONSIDERATION OF APPROVAL OF f-INAL PLAT P, S, n72-07, JIM LUND ACRES, BY
JAMES LUND CONSTRUCTION, INC., GENERALLY LOCATED IN S.E. CORNER OF 75TH
AVENUE AND CENTRAL AVENUE.
AND
CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR REZONING REQUEST ZOA
#/7Z-12 BY JAMES WND CONSTRUCTION, INC „ TO REZONE FROM C-15 TO R-1;
MOTION by Councilman Starwalt to approve the final plat P. S. #72-07, Jim
Lund Acres, by James Lund Construction Co. Seconded by Councilman Breider
Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried
unanimously.
MOTION by Councilman Starwalt to adopt the first reading of ordinance for the
rezoning request ZOA #7z-12 by James Lund, and waive the reading. Seconded
by Councilman Breider. Upon a roll call vote Nee, Breider, Starwalt, Liebl,
and Utter voting aye, Mayor Liebl delcared the motion carried unanimously
and the first reading was adopted.
CONSIDERATION OF FIRST READING OF AN ORDIANANCE FOR VACAZPON REQUEST SAV #7z-06,
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REGULAR CDUNCIL MEETING, JANUARY 22, 1973 Page 10
� The City Engineer said the only persons concerned were the members of the
board of the Polish Nation Cemetary, and they had no ob�ections to this vaca
aion request
MOTION by Councilman Nee to adopt the first reading of the Ordinance for the
vacation request SAV #72-06, by State Land and pevelopment Company, Paul
Burkholder, and waive the reading. Seconded by Councilman Breider. Upon
a roll call vote, Utter, Nee, greider, Starwalt, and Liebl voting aye, Mayor
Liebl declared the motion carried unanimously and th� first �eading was
adopted.
CONSIDERATIQN OF APPROVAL OF REGISTERE� LAND SURVEY, P. S. �''72-06 BY DONOVAN
A. SCHULTZ. GENERALLY LOCATED AT 15 RICE CREEK WAY;
Councilman Nee said he was not satisfied with this proposal. He continued by
saying the Planning Commission had said the rest of the residents had been
notified and he had checked and those he talked w rth said no one had 6een
consulted. He suggested as long as the matter applied to the lake bottom
that it should be referred to the Locke Lake Association for their views
He asked lf an adequate lot had been established.
The City Engineer pointed out the area on the overhead pro�ector, and said the
split leaves 85 feet next to the roadway and varies. He added, it is large
� enough to be a building site,
Councilman Nee asked why this request had been channeled through the Council.
In order to obtain a legal description at this tome, accord rng to the City
Attorney, the property owners must obtain a registered land survey, and this
involves a great deal of money. He said Mr Schultz had spent $1,500 to
,$2,000 in surveys to satisfy the Register of Titles. The City Attorney suggested
the City contact Mr. Al Kordiak and Mr. Mike 0'Bannon for guidance in resolving
the problem in a practical way for the remaining property owners
Councilman Nee said he believed the adoption of the land survey would only
compound the problem. He said there are other pieces of property in the area
in private hands. He stressed the fact that the problem would be compounded
if all the property owners were not able to follow the same procedure,
The City Attorney said at the present time, there is a ou�t claim deed trans-
ferring the property from Mr. Ostman to Mr. Schultz Councilman Nee questioned
if other property owners were to try to go through the same process, would they
6e told someone already owns the property. He stated L-he action can not be
unilateral. Tre City Attorney said he did not believe it to be a bad suggestion
to refer the problem to the Locke Lake Association as it may result in some
program to reduce the amount of money to be spent on this process. Ne continued
by saying Mr. Ostman does not want the property and does not want to pay taxes
on it. The City Attorney said he had not done a complete title search on the
land.
� Councilman Nee said he questioned the entire procedure because th� people in-
volved did not know about it
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REGULAR COUNCIL MEETING, JANUARY 22, 1973
Page 11
Mayor Liebl stated the City could not telt Mr. Schultz how much money to spend
on a pro�ect of this type, He added Mr. Schultz's building is on two lots,
The Mayor said Mr. Schultz was advised by the County and the County Auditor
to obta�n a torrens t�tle, and thrs is why it �das done, and the Mayor believed
this to be a reasonable request. He asked the Council to consider the situa-
tion in a different light, stating not everyone wants to own the property
under water.
Councilman Nee said there had been no problem in approving the 1ot split,
He said the problem is in the approval of the torrens title. There are
other people involved in this matter.
Councilman Utter asked how far out the property would go. The City Engineer
said it would extend to the old creek channel. He pointed out the location
of the house on a map indicating ihe area owned by Mr. Schultz and the area
extending into the old creek bed. Councilman Utter said this is the reason
he had asked Mr. Schultz if he had ever intended to fill the property in, he
could very easily do that and develop the land. The City Attorney said
before this could 6e done Mr. Schultz would have to obtain permission from
the City and from the State He said as the surFace of the water is desig-
nated as for public use, he is required to qet a permit if he wishes to use
it at all. He would also be required to get approval from the Rice Creek
Water-Shed District if he planned to deve�op, Councilman Breider asked if
the people on Rice Creek own the land into the middle of the Creek� The
City attorney said they usually own the property if there are people on both
sides of the Creek.
Councilman Nee asked if the land survey could be approved with himself
abstaining. Mayor Liebl said this wculd be Councilman Nee's choice, but he
added it was in Councilman Nee's ward.
MDTION by Councilman Nee to table the action on the registered la�d survey
by Donovan Schultz until the next meeting and direct the City Manager to
obtain comments. Seconded by Councilman Starwalt. Upon a voice vote, all
voting aye, Mayor L�eb] declared the motioh carred unanimously.
MO710N by Councilman Nee to direct the City Manager to contact the Anoka
County Commissioners to attempt to find a reasohable solution. Seconded
by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl
declared the motion carried unanimously.
DISCUSSION REGARDING LAWRENCE MUGGLI'S REQUEST TO ACQUIRE PROPERTY:
Mayor Lie61 called upon the City Engineer to explain Mr. Muggli's request.
The City Engineer pornted out the property involved on a map by using the
overhead pro�ector, and said it is 4,700 square feet of crty property that
Mr. Muggli would like to use until the City needs the property.
Councilman Nee asked Mr. Muggli how he intended to use the property. Mr.
Muggli said he had no spe u fic planned use for it. He said the only access
to his property at the present time is the alley which is a dead end, after
driving in, one must back out He said if he were allowed to acquire the
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REGULAR COUNCIL MEETING, JANUARY Zz, 1973 Page 12
� property, it would enable the City to put it back on the tax rolls, Mr
Muggli said he was having a problem with people going through his property, he
added, the only access to the property he wanted to acquire is throuyh his
property. He also expressed his ob�ection to snow being plowed onto his
property.
Councilman Nee suggested the parcel of land 6e used for the planting of an
evergreen grove. He added this would soften the effect of the area
Mayor �.iebl said, Mr. Muggli feels his access has been destroyed as the alley
is only twfalve feet wide and the only access is from the south The Mayor
said he could see Mr. Muggli"s point and giving him the property would enable
him to get his money's worth He suggested trying to work something oul
Councilman Nee said he had suggested the planting of trees on the land be-
cause Mr. Muqgli had stated he had no planned use for the property. Council-
man Utter said he would like to see the loop back in there He expresserJ an
ob�ection to the disposal of the property sa;,ing if the City would need the
land in the future, it would have to buy it back from Mr. Muggli Mr Muggli
stated the City had dropped their plan for the area and left him high and dry.
Councilman Utter reminded Mr. Muggli of the great expense for the construction
of the road in that area Mr. Muggli stated the C rty had 6een complaining
a6out the small parcels of land in the area, this would be a chance to get
� rid of a small parcel.
Mayor L�ebl said with the exception of the new Councilmen, Councilman Nee
and Councilman Starwalt, the Council had unanimously voted to delete the
circle flow program, because the ma�ority of the people in the area tvere
against the program, w rth the exception of Mr. Schmedeke and Mr. Muggli.
The Mayor said at that time they were una6le to reach Mr Schmedeke. �ie
added, about forty people from the area were present. Mr. Muggli said he
did not believe anyone had tried to reach him.
MDTION by Councilman Nee to receive the letter from Mr. Muggli and the letter
from the City Engineer and to direct the Planning Commission to recommend
action on Mr. Muggli's request. Seconded by Councilman Breider Upon a
voice vote, all voting aye, Mayor Liebl declared the motion carried unani-
mously
Councilman Breider asked if the request would be considered within the guide-
lines of the Comprehensive plan, and Mayr�r Liebl said it would be
RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF JANUARY 10, 1973
MOTION 6y Councilman Breider to receive the minutes of the Planning Commission
meeting of January 10, 1973. Seconded by Co�.ncilrnan Utter.
The City Engineer asked if the Planning Commission reorgan rzation would be
, considered at a later date? The Mayor said the Commission and Subcommittee
appointments would 6e effective until April of this year.
UPON A VOICE VOTE, all voting aye, Mayor Liebl declared L-he motion carried
unanimously
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REGULAR COUNCIL MEETING, JANUARY 22, 1973 Pe9e 13
RECEIVING THE MINUTES OF THE PARK AND RECREATION COMMISSION MEETING OF NOVEM- �
BER 27, 1972:
I
MOTION by Councilman Ut[er to receive the minutes of the Parks and Recreation
Commission meeting of November 27, 1972. Seconded by Councilman Starwalt
The Mayor asked Mr. Edward Fitzpatrick, Chairman of the Parks and Recreation
Commission if he had any comments to make, and he replied no.
UPON A VOICE VOTE, all voting aye, Mayor Lie61 declared the motion carn ed
unanimously.
RECEIV WG THE MIIJUTE, OF THE CATV COMMISSION MEETING OF JANUARY 15, 1973:
MOTION by Councilman Nee to receive the minutes of the January 15, 1973, CATV
commission meeting. Seconded by Councilman Breider. Upon a voice vote, all
voting aye, Mayor Liebl declared the motion carried unanimously.
Mayor Liebl said the City should provide secretarial services to the com-
mission The ^ity Manager was asked to take care of this matter.
CHANGE ORDER #Z. UPGRADING ROCK MATERIAL FOR FRIDLEY LIQUOR STORE •
The City Manager said Change Order #/2 was being proposed to upgrade the
rock maierial in the construction of the new Fridley Liquor Store. He �
said when he was provided sariples of the stone to 6e used, he felt they
were not of the qual�ty desired. He said the change order in the amount
of about $800.00 allowed for a harder and more adequate rock
Councilman Utter asked the City Manager if he had consulted anyone on the
change. The City Manager said he had sought opinions from a couple of
employees who have degrees in architecture and Architect and they agreed
with the decision.
The City Manager said the sample stone brought in was soft and did not
provide enough contrast, and the new stone would be brighter. Council-
man Starwalt asked if the material could have been provided under the
basic price. The City Engineer said the stone is purchased by the ton
and this material would not come within the price range originally set,
rt is a little more expensive The City Manager said the increase is
about $10 00 more per ton Councilman Utter asked if the total add rtional
cost would be about $800.00 The City Manager said yes, in addition to
what was provided for. He said the stone provided in contract was not of
the quality that was expected, and this was the reason for the Change Order.
MOTION by Councilman Starwalt to approve the Change Order �2, for $8$4.90,
upgrading the quality of the stone material for the Fridley Liquor store.
Seconded by Councilmar �tter Upon a voice vote, all voting aye, Mayor
Liebl declared the motion carried unanimously �
REGULAR COUNCIL MEETING, JANUARY 22, 1973
Paye 14
� RESOLUTION #10-1973 - AUTHORIZING A REpORT FOR UPDATING OF WATER UTILITY
FACILITIES TO MEET THE ULTIMATE NEEDS OF CITY OF FRIDLEY:
Councilman Breider questioned the reason for hirin9 Comstock and Davis
when the City hired a new engineer to work on the water probiems. The
City Eng rn eer said the proposed report dealt with the overall system for
capital improvements. Councilman Breider asked what ihe new engineer did,
The City Engineer said they had not added any personnel, they had only
reorgan rz ed the Engineering Department. Councilman Breider said he thought
the new man was to work on the water problem The City Manager said the
City periodically hires consultants to look at improvements on the system
The City Engineer showed the members of the Council the various reports
that had been done in the past.
Councilman Breider said he had looked at the bills submitted 6y Comstock
and Davis and they were 6illing $4.62 an hour for technician help. He
said his point was, the City was hiring engineers and all they were getting
is technicians time.
Mayor Liebl said that when the City was first concerned with a water
system they had gone to Comstock and �avis to help th°m de u de on a well
sys±em, and they guided the City. He said this is the reason for hiring
them for gw dance and d�rection on mer:ting the ne�ds of the City The
� consultants will advise the City on whether or not they are progressing
in the right manner. He added, the new engirnser was hired to take care
of the maintenance, and Comstock and Davis are to take care of the overall
program.
Councilman Nee said he belie�ed the possibility of obtain rng an overall
view was in the best interest of the City He added, rnternal involvements
and day to day pressures would make it impossible ior the engineers to do
an overall report. Comstock and Davis would be able to move much more
efficiently with their back log of files. He added, he thought the City
Engineer should be free to perform other duties and an outside view should
be obtained.
Councilman Starwalt asked the possibility of having the new man do the re-
port The City Engineer said they had not increased the staff, the depart-
ment had the same amount of people. He said the present philosophy does
not allow the staff to take care of all responsibilities, He added, the
in-house staff had taken over the desiqning and ma rntenance of street
pro�ects. In the summer months, he said, temporary help is added Lo the
sta£f. Whenever the staff works on a pro�ect, ihe money comes out ot that
pro�ects funds, and when a consultant is hired the money would come out
of the same fund. He said the City was paying the consultants much more,
but he felt the present philosophy had been working out very well. The
present proposed pro�ect is basically looking at the system again to pro-
vide the facilities needed. He said the Engineering Department could take
� care of the report, but in that case the maintenance supervision would have
to stop Comstock and Davis are aware of the system because they designed
it, and it would take the in-house staff a longer period of time to do
the report
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REGULAR COfJNCIL MEETING, JANUARY 22, 1973 Page 15
Mayor Liebl said it would be in the 6est interest of the City to adopt the
resolution.
MOTION by Councilman Nee to adopt the Resolution �10-1973, Seconded 6y
Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl
declared the motion carried unanimously.
RESOLUTIDN #11-1973 REQUESTING MINNESOTA HIGHWAY DEPARTMENT FOR ASSISTANCE;
MOTION by Councilman Starwalt to adopt
Councilman Utter. Upon a voice vote,
the motion carried unanimously.
P�L•7'��:1
Resolution �11-1973• Seconded by
all voting aye, Mayor Liebl declared
Mayor L�e61 asked if the plan would take care of the necessary growth.
The City Engineer said the plan had been discussed before, and the present
act�on was simply �uttinq the rnformation in a booklet to be submitted to
the Metropolitan S�.t�+er Board He po rnted out capacity problem areas on a
map and explained the maximum utilization of the present system He
pointed out relief sewer routes, connections into the metro system and
connections into the Minneapolis sytem.
Mayor Liebl asked if the plan would frt into the Comprehensive plan, the
City Engineer said it would. He said they had tried to put everything
possible into the Minneapalis system as the rates are lower for the use of
that system. He said if the people use the �ame amount of water, there
��ill be no problems.
MOTION by Councilman Nee to adopt Resolution ${12-19]3• Seconded by Council-
man Starwalt Upon a voice vote, all voting aye, �9ayor Liebl declared the
motion carried unanimously.
LUTION #13-1973 - ORDERING PRELIMI
AND ESTI-
MOTIDN by Councilman Starwalt to adopt Resolution #�13-1973• Seconded by
Councilrnan Nee. Upon a voice vote, all votrng aye, Mayor Liebl declared
the motion carried unanimously
RESOLUTION ¢f14-1973 - RECEIVING THE PRELIMINARY REPORT AN� CALLING A PUBLIC
HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROUEMENTS• WATER,
;ANITARY SEWER AND STORM SEWER PROJECT #112.
MOTION by Councilman Starwalt to adopt
Councilman Utter. Upon a voice vote,
the motion carried unanimously.
Resolution �14-1973 Seconded 6y
all voting aye, Mayor Liebl declared
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REGULAR COUNCIL MEETING, JANUARY 22, 1973
15-1973 -
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FOR BIDS
The City Engineer was not able to give the report on the sanitary sewer
lines in Capitol Street, as it had not been submitted back to the Engineering
department by the people l�ving on the street. He suggested leaving the
street in the pro�ect as rt could be deleted from the pro�ect in the future
if the need arises
Mayor Liebl asked the status of the plans for a walkway m the area. He
said the City should not wait until someone gets kille,l to construct it. He
added they had received support of the pro�ect from the people on the north,
but not from those on the south, and this vaas the reason for the delay until
this year. He said Yhe only alternative to having a sidewalk on East River
Road would be the construction of a walkway.
The City Engineer said the pro�ect was to oe re rntroduced because of the two
new Councilmen. He added, Councilman Nee should take an acU ve part in the
proposal.
Councilman Nee said he believed there was a need for the walkway and he had
made arrangements for some meetings on the maiter.
Councilman Nee asked if it were part of the stipulation that the City invest
in the land. Mayor Liebl said this was parc of the accion.
The Ci*_y En�ine�r >�i�j ��'�are i> a�,�roblem in rne �r�a, �iat I�e Jid ��i,uL to sub-
r��it a re;��rt and ;�roceed ,i�:ii Ji= ,i�11i�g ,�roee.,, He added, the Ci�y always
Fas the choice to delete parts of pro�ects
MOTION by Councilman Starwalt to adopt Resolution �{15-1973• Seconded by
Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the
motion carried unan�mously.
RESOLUTION #16-1973 - AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL
ASSESSMENTS ON LOT 10, LOT 11, AND LOT 12, BLOCK W, RIVERVIEW HEIGHTS ADDITION:
MOTION by Councilman Breider to adopt Resolution //16-1g73• Seconded by Council-
man Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the
motion carrlo:d unanimously.
[.Y.�uL:l�l�'tl]
LU
E CO
ERVIEW HEIGHTS ADD
MDTIDN 6y Councilman Bre�der to adopt Resolution #�17-1973• Seconded by Council-
man Starwalt. lJpon a voice vote, all voting aye, Mayor Liebl declared the
notion carried unanimously.
8-1973 - AUTHORIZ
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REGULAR COUNCIL MEETING, JANUARY 22, 1973
Page 17
MOTION by Councilman Breider to adopt Resolution �18-1973, Seconded by
Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared
the motion carried unanimously.
RECEIVING STATUS REPORT ON THE WALKWAY FOR THE ROBERT LOUIS STEVENSON
ELEMENTARY SCHOOL=
The City Engineer said of the four possible locations for the walkway,
alon9 Rivers Edge Way, the question is, :hould the C ity provide the
walkway and in what location� He said they had had problems with one party
agreeing to the proposal and the next party against it. They all think it
is a good idea, he added, but no one wants it on their property.
Councilman Breider asked Councilman Nee if he planned to have meetings on the
matter. He answered yes, there was a definite need. He continued by saying
he would like to have some support on the proposal.
A propo,ed site was discussed and Councilman Nee said it was no longer possible
to use it as *_he property owner had constructed a shed on the property. The
C�ty Manager said L-hey should consider the shortest and most direct route to
keep the children off the street. The City Eng�neer said any of the four lo-
cations would work. The City Manager said perhaps the last time the plan was
proposed there were errors made in the method of approaching the people of
the area. He said at the completion of the talks with the people in the area,
he felt, the only method of obtaining the land would be through condemnation.
Councilman Nee said he would gather some data and report back to the Counci]
,ye added, he had been looking over the area for possibilities. The City
Engineer said the pu��pose of the status report was the bring the Council
up to date.
MOTIDN by Councilman Nee to receive the status report. Seconded by Councilman
Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion
carried unanimously.
RECEIVING REPORT UN CHANGES IN POLICE EQl11PMENT, MR. JAMES HILL:
Assistant C rty Manager/Public Safety Director, Mr. James H�11, showed several
types of badges to the Council. He pointed out the size of the lettering on
the old badges made them difficult to read the man's title. He proposed a
new badge with larger lettering and coloring to coincide with the other new
proposed equipment.
Mr. Hill conipareo the present shoulder patch to one he would like to use.
He stated there was some confusion in the wording caused by poor quality in
the old patch
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He presented a model car with the proposed color changes He said there had
been many maintenance problems caused by the use of the dark colors in the
summer months He felt confident with lighter colors these problems would be �
less severe. He said that other �uristictions are also planning on changing
from the black and white police car. He said the new coloring would not
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REGULAR COUNCIL MEETING, JANUARY 22, 1973
Page 18
involve a�y additional cost as they could be ordered as proposed directly
from the factory. He stressed Fridley's purpose in trying to be a service
orientated community, and stated he believed the new coloring would expre..
that thought more effectively He mentioned the ligh�s on the roof of the
model were not to be used the next year as the department had planned on
purchasing the Tw rn Sonic bar, as had been approved by the Council The
Council agreed on the approval and Mayor Liebl ordered �_i-�� new equipment
be implemented.
LC pIMS:
GENERFlL 30801 - 30g61
I.IQuoR 7397 - 745�
MDTION BY COUNCILMAN Breider to approve the claims. Sec�nded by Councilman
Starwalt. Upon a voice vote, all voting aye, Mayor Lie61 declared the
motion carried unanimously.
LICENSES:
�YPE OF LICENSE
CIGARETTE
Brook's Superette �{15
1042 Osborne Road
Fridley
Fridley Terrace
7400 Hwy. 65
Fridley
F00� VENDING MACHINE
Fridley Terrace
740o Hwy. 65
Fridley
GAS SERVICES
L P Gas Equipment, Inc.
539 Cleveland Avenue
St. Paul, Minnesota
55114
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Brook's Superette
Park Development
and Management Co
Park �evelopment
and Management Co
Mr. Bruce Madsen
APPAOVED BY
Public Safety
Director
Public Safety
Director
Health
Inspector
B SanJin
FEE
12 00
12 00
12.0�
MDTION by Councilman Utter to approve the licenses. Seconded 'oy Councilman
Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion
carried unanimously
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REGULAR COUNCIL MEETiNG, JANUARY 22, 1973
ESTIMATES:
Comstock & Davis, Inc.
Consulting Engineers
1446 County Road �V"
Minneapolis, Minnesota 55432
Review, field checks and consultation - Burlington
Northern Sanitary Sewer Replacement on 43rd Av.nue N.E
7-24-72 thru 10-27-72
Design help - Sanitary Sewer & Watermain Replacement
on Taylor Street
Review and Revise Metropolitan Sewer Board Billings of
1971 and 1972� Working with Fridley Committe (for
services performed in 1971 and 1972)
Stonybrook Creek work in connection with Pro�ect �102
(for services performed during 1972)
Engineering work on Pro�ect �104, Locke Lake Dam
Improvement (Dated 1-12-73)
FINAL Estimate �1 for furnishing Professional
Engineering Services for planning Water ImprovemenZ
Pro�ect ¢108
PARTIAL Estimate #12 for resident inspection and
supervision for Sanitary Sewer, Storm Sewer & Water
Improvement Pro�ect ;+/102 from November 27 thru
December 29, 1972
Nodland Associates, Inc.
Alexandria
Minnesota 56308
PARTIAL Estimate ��,10 for construction on Sanitary Sewer,
Siorm Sewer and Watermain Improvement Pro�ect $/102
Patch Erickson M�dson & Hanson, Inc.
2801 Wayzata Boulevard
Minneapolis, Minnesota 554D5
December Inspection - Fridley Liquor Store
Weaver, Talle & Herrick
316 East Main Street
Anol<a, Minnesota 553�3
December Retainer and for services rendered
Page 19
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$ 145.93
63.92
1,086.31
2,318.76
2,929.56
1,466.54 �
3,913.60
34,185.60
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REGULAR COUNCIL MEETING, JANUARY 22, 1913 Page 20
� Councilman Brr-_ider brought to the Council's attention the estimate submitted
by Comstock and Davis, Engineering work done on Pro�ect ;�104, Lo�ke Lake
Dam Improvement (Dated 1-12-73), and questioned the reason for the bill
The Crty Engineer said the inoney had been provided for in the pro�ects
funds and the work had been completed. Councilman "reider asked if this
were a direct bill as he thought that work had been completed in 1971.
The City Engineer said it was a de�ayed bill Councilman Breider said
the estimate stated there were 222 hours for one man, and if the bill
is one year late how does the City check to determine if the amount
charged is correct� The City Engineer said the pro�ect was an assessed
one, and the City was aware of the charges to be made. He added, the
money was provided for and planned, they �ust billed the City late for
the work
Tne City Manager said the amount was set at the time the work was done.
He added, the money has been s�tting in the ba�k He said it would be
possible for the City to ask Comstock and Davis to bill more pro�nptly.
Councilman 8reider asked if a log of hours is kept for the various
pro�ectss 7he City Engineer said all ihe work had been checked and had
come with the estimates, this had been done l� years ago He said if
the Gouncil ob�ects to the late billing, he would ask them to bill earlier
Councilman Starwalt asked �ahat possible reason would they have for not
� billing the City� The City Manager suggested inviting Mr. Comstock to
the meeting and questioning iiim on the procedure
Mayor L�ebl stated the pro�ect had been completed and the City owes the
consultants ihe money The City Engineer said there were some Facts
to be considered that may have delayed the pro�ect billing He added,
at that time Comstock and Davis had submitted three different proposals,
and problems developed in the plans as the bids were higher than the
estimates At that time the City had to go out and negotiate. He said
this was not a normal procedure, not a normal plan and in this case
not a normal pro�ect.
MOTION by Councilman Nee to approve the estimates for payment with ihe
exception of engineering pro�ect #/104, Locke Lake Dam Improvement
(Dated 1-12-73), a reason fior the late billing to be sought. Seconded
6y Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl
declared the motion carried unanimously.
COMMUNICATIONS
NORTHWESTERN BELL� SETTING �ATE FOR PdDON LUNCHEON IN FEBRUARY'
Mayor Lie61 suggested the Council come to some agreemenY on the date
of the meeting
� Counc�lman Nee asked what days of the u�eek the suocested date would fall
on. Councilman Utter said they were Tuesday, Wednesday, and Thursday
of two weeks in February He added he would not be able to attend any
of the days mentioned.
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REGULAR COUNCIL MEETING, JANUARY ZZ, 1973 Page 21
The Mayor asked if the date of February 13, 1973 wowld be convenient �
for the Council meinbers. Councilman Starwalt said he would be able to
attend the noon luncheon on that date.
Councilman Nee said the letter stated the inv rtation was issued for
other members of the community. The City Manager said their first
concern was to set a date when the Council would be able to attend.
After this, he added, invitations would be issued to others.
MOTION by Councilman Nee to receive the letter and set a date for the
noon luncheon with Mr. John Innes, District Manager for Northwestern
Bell Telephone Company, for February 13, 19]3. Seconded 6y Councilman
Starwalt Upon a voice vote, all voting aye, Mayor Liebl declared
the motion carried unanimously.
MR, MARC WHITEHEAD CHIES BRDTHERS:
The City Attorney said the letter proposed a solution to the long
standing problem w rth Mr. Chies. He called to the Council's attention
the recent Public Hearing in which a decision for Mr. Chies to do the
work was reached He added, his ofiice was advised by the Engineering
Department that it would not be practical to do the work until spring.
,'1t this time, Mr Whitehead is offering the Crty of Fridley $1,500 to
ena6le someone other than Mr. Chies to complete the work and discharge �
Continental from further liability on the bond. He stated this amount
would be sufficient to remove the hazards in the area, but not sufficient
to finish the grade for development. He said he recommended acceptance
of the ofier.
Councilman Utter asked the City Engineer's views on the offer. He said
the amount would �ust barely take care of some of the dangerous slopes.
But, he added, it may be a step rn the right direction.
Councilman Nee asked if the bonding Company had the right to withdr�a��
the bond
The City Attorney said the bond had been issued in 1965 in the amount
of 59,000, the Council approved the bond and the amount was to cover
the grading for development. He said this would not be possible with
the currently offered amount of money, he added it would only eliminate
the danger factor. The City Attorney said if the offer is not accept-
able, he suggested taking action which would bring the matter to an end
Counu lman Starwalt suggested the City try to obtain the entire $9,000.
The City Attorney stated the maximum amount of the bond is $9,000. The
City has not decided it would take that amount to do the work He
said this would have to be settled between the City and the 6onding
company, he added there would be legal fees involved, He added he would
like to see the matter disposed of in some manner �
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RE6ULAR COUNCIL MEETING, JANUARY 22, 1973 Page 22
� Councilman Starwalt asked if it would be possible to offer them a counter
proposal. The City Attorney said at the time of the construction, the
bonding company had offered the City $2,500 Lo complete the work. He
said he did not know if that amount could be obtained at the present time.
Mayor Liebl said that since 1964, the City has been trying to stipulate
an agreement with I�r. Chies. He suggested the City collect as much as
possih1e at the present time. He asked the City Attorney if the bond
had expired, and if the present offer was a good will gesture The
City Attorney said the bond had not run out. He added, if action were
taken,the CiYy would have to show the amount of work that has not been
completed and the number of dollars required to complete the work
7he problem would be convincing the court that the City was acting in
good faith in giving Mr. Chies a great deal of time to complete the
pro�ect. He said if the City wanted him to start action, this informa-
tion would 6e related to Mr, Chies and the bonding company.
MOTION 6y Councilinan Starwalt to instruct L-he City P,ttorney to proceed
with legal act wn on a final settlement Seconded by Gouncilman Breider.
Councilman Nee aslred if there is presently an order requiring Mr Chies
to do the work in the spring7 The Crty Attorney said the recent Pu61ic
Hearing declared a nuisance and orders were given to abate that nuisance.
� He said, if the CiYy was required to do the work, the owner would 6e
charged for that work on his tax statemenl. When this was org�nally
proposed, the bonding company offered the C rty $2,500 to do an acceptable
�ob. Councilman Starwalt asked if for this amount the complete �ob
couid be accomplished or if it would cover the abating of the nuisan�;e
only. The C rt y Attorney answered, the matter of abating the nuisance
has always brought about differences in opinion between Mr. Chies and
the City Engineering Department.
The City Engineer said they had discussed the maeter many times, and many
extensions had been issued on the permit He said since the time of the
original plans the Plamm �g Cominission had approved new plans for the
area. He said the last action was to get the property in to shape so
that it does not create a hazard, and enabling someone to develop it
This would save a great deal of time, he added. He brought to the
Council's attention the number of times this had 6een discussed without
any result. He said he would recommend approval of the offer.
Mayor Liebl asked if the City would be able to prove in court that st
would be entitled to $6,000� The Ciry Engineer said the original p�an
called `or development of 10 acres, and this is not true at the present
time. Mayor U ebl stated the present plans conflict with the original
plans 6ubmitted. The City Engineer said the agreements between the City
and Mr. Chies had become a give and take matter He recalled the Council
had approved extension on the permit. Councilman Breider stated the
� C rty no longer wants the orig mal plan.
REGULAR COUNCIL MEETING, JANUARY ZZ, 1973
The motion and second were withdrawn.
Pe9e z3
Councilman Starwalt asked the possibility of leaving the matter as set
in the Public Nearrng, requiring Mr, Ch+es to abate the nuisance in the
spring.
The City Attorney agreed, the City Engineer's points were valid. He
added, it would be difficult at this time to determine what the obliga-
tion consisted of. Councilman Breider said the first concern would be
to remove the hazards in the area
The City Attorney said if the C rty were forced to do the work and
the amount actually needed to complete the project were more than the
offered $1,500, the City could assess the remainder to the property
owner, Mr. Chies.
The C rty Engineer said he had talked to Mr. Chies about a6ating the
slopes and had been advised the work could not be done until the spring.
Councilman Breider said in his opinion, $1>500 w��uld not be ai2 adequate
amount to accomplish much
The City Attorney asked Counu lman Breider if- he would agree to re�ect
the offer at th+s time and ask Mr. Ch+es to complete the work in the
spring as previously agreed upon7 Councilman Breider said he would
agree with this action.
MOTION by Councilman Breider to re�ect the proposed offer of $1,500
and adhere to the original plan of requiring Mr. Chies to complete
the work in the spring. Seconded by Councilman Starwalt. Upon a voice
vote, all voting aye, Mayor Liebl declared the motion carried unanimously.
RECEIV(NG THE LETTER FROM SENATOR MONDALE:
MOTION by Councilman Breider to receive the letter from Senator Mon-
dale. Seconded by Councilman Utter. Upon a voice vote, all voting
aye, Mayor Lie61 declared the motion carried unanimously.
RECEIVING THANK YOU CARD FROM MR. TERRY KIRKHAM:
MOTION by Councilman Breider to receive the communication Seconded 6y
Councilman Utter. Upon a voice vote, ail voting aye, Mayor Liebl declared
the motion carried unanimously.
RE CEIVING THE LETTER FROM MR. ED WILMES, ISLANDS OF PEACE PROJECT
QUESTIDN OF LEASE BILLING
MOTION by Councilman Breider to receive the letter. Seconded by Council-
man Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the
motion carried unanimously.
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REGULAR GOUNCIL MEETING, JANUARY 22, 1973 Page 2A
� The Mayor said the letter brought out the point that the Council had
only paid the attorneys fees for the Islands of Peace Pro�ect and did
not include the payme�t of the lease.
MOTION by Councilma� Utter to pay the state of Minnesota from the Parl<s
and Recreation Fund and rather than from the Islands of Peace tunds.
Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor
Liebl declared the motion carried unanimous9;�
ADJOURN:
MOTiON by Councilman Breider to ad�ourn L-he January 22, 1g73 meeting
Seconded 6y Councilman Utter. Upon a voice vote, all voting aye,
Mayor L�ebl declared tha motion carr�ed una m mously, and the >�egular
Counci1 meeting of January 22, 1973 ad�ourned at 11•40 p.m.
Mayor Liebl stated that due to the lateness of the hour, the Coun u 1
would not discuss the Committee and Commission appointments that evening
Respectfully submitted
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Patricia Ellis - Council Secretary
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