03/06/1972 - 00017599�_
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THE NfIiVUTES OF THE RLGULAR COUNCIL M�L'TING OF Dti4RCH 6, 1972
The Regular Council Meeting of thc Fridley City Council was convened at 7 35
P M., March 6, 1972
PL�➢GE OF ALLEGIIUVCL'-.
Mayor Liebl led the Gouncil and tkie audaence ln saying the Pledge of Allegiance
to the Flag.
I�VOCATION
Councilman kelshaw offered the Invocati mi
ROLL CALL
MEMBL'RS PRESENT
NfEMBERS ABSENT
AllOPTION OP AGEN➢A.
k:elshaw, Liebl, Utter, Nlittelstadt, Brcider
None
Mayor Liebl said there were some items to add as £ollows
Under Old Business
At Hnd of Meeting
Reconsideration of Park Land Acquisit�on, �.e , Lots 1 F� 2,
]31ock 7, �dgetaater Gardens
Receiving Communication £rom City Attorney's Of£ice
Regarding Appointment o£ City ?.ttorney
Receiving Communication from League o£ 4Vomen Voters Re-
garding L1W Week.
Receiving Court Order Regarding CA'PV.
MOTION by Councilman Mittelstadt to adopt the tlgenda as amended Secondecl by
Councilman Kelshaw Upon a volce vote, all aycs, ,layor LieUl declared the
motion carried unanimously.
VISITORS.
DSayor Liebl asked i£ there was anyone present to speak on any non-agcnda type
item, with no response
ORDIN��CE t�5�6 - AN ORDINANCE UNllER SECTION 12 07 OF T11E CITY CILARTER 'PO VACATE
STREETS AND ALLLYS 11ND TO AI�1ENll APYENDIk C OF TIIE CITY CODE (SAV =171-08, Sam
Templin)
' NIOTI�N by Councilman Breider to adopt Ordinance #506 on second reading, waive the
reading and order publication. Seconded by Cowic�lman Miztelstadt Upon a roll
call vote, Utter, Mittelstadt, Breider, Kelshaw and Liebl voting aye, Mayor
Liebl declared the motion carried unanimously
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REGULAR COUNCIL NIEETING OF A9ARCH 6, 1972
CONSIDERATION OF A REQUEST FOR
SERV
PliRMIT SP #�1-18, RON'S GULF
S ON LOTS 1� 2, BLOCK 1. C.D.
T101V PER CODE SECTION 45.101, 3-L, ZONED C-2:
PAGE 2
6TOTION by Councilman Kelshaw to grant the special use permit, SP #71-18
requested by Ron's Gulf Station, sub�ect to the stipulations suggested by the
City Engineer found on Page 2 of the Councll Agenda, Memorandum CM #72-05, dated
March 2, 1972 Seconded by Councilman Utter
Mayor Liebl brought the Council's attention to the plot plan on Page 2A of the
Agenda and said there are railroad tracks to the east of them, an eating estab-
lishment �ust to the south, and a grocery store at Yhat corner and Osborne
Road is on the north side He said he had reviewed the area and asked the
question if trucks parked there would hinder the view of the traffic going east
and west on Osborne Road There was the comment made at the last meeting that
U-Hauls should be avallable to the residents, but he questzoned i£ this location
would not cause a traffic hazard
Councilman Mittelstadt said that he had made some comments about the denial of
the request at the last meeting, and he would vote against it again. He did not
feel that the location of the structures on the map reflect t3ie actual location
on the property Ile did not feel there was 30' as shown on the map �ust west
of the fence for the parking of the trailers, so the trailers would end up being
parked parallel caith the fence and using other parking areas, such as south o£
the Uuilding. He said he did not £eel this particular endeavor would be con-
trolled, or that the parking would be in the parking area designated, Aside
from those thouglits, it would be granting a special use permit on top of another
special use permit.
Councilman Utter asked the City Engineer if he had reviewed the area. The City
Lngineer said that he had his information from the plot plan, and would assume it
was correct. He did agree west of the fence thexe is not a lot of room
Mr. Rich Farra, U-llaul, said that the parking would not be directly behind the
building, Uut would be �ust to the north He did not 6elieve there would be any
trouble with the parking of trucks. The truck parking is south o£ the trailer
parking, as outlined in the Stipulation kl suggested by the City Engineer. The
parking area would be outlined with paint so that the trucks and trailers stay
within the designated area. When they went over the plot plan with the City
Engineer, it was determined t}tat it was adequate to put in a 30' X 60' parking
area
Alayor Liebl asked how big the trucks would be. Mr Farra said £rom 3/4 ton to
onc ton. 7'he size will be from a small L'-conoline up to about a 28' in length
by 10' in width van There could only be about 10 trailers in that area at
the very most, and they could only put in about 3 trucks.
Mayor Liebl said that hc understood the car wash was not in operation now Mr
Perra said no, and one of the stipulations was that i£ it was put into operation,
the U-Haul permit would be void. Mayor Liehl said that there had been no com-
ments received from any a6utting property owners. There is residential on the
west side of Cast River Road and north of Os6orne Road He asked if they had
been notified. The City Enginecr said that when the Planning Commission holds
their hearing for the special use permit, the people are notified. There was no
one in opposrtion at the Planning Commission Meeting.
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REGULAR GOUNCIL MEETING OF NIARCH 6, 1972 PAGE 3
' Councilman Kelshaw said that Stipulatzon #7 -"The permit will be granted only
for the duration of 1 year from the date of issuance and rt is renetvable only
after approval by the City Council", would allow them to operate for a trial
period. The stipulations also provide that there shall be plantings in tlie 20'
space between Osborne Road and the parking arca In looking at th�s station,
it would seem that the required plant�ngs taould be an u�grading pf their pre-
sent business. He said using the plot �lan, he could not see where there woulcl
be a danger o£ accidents, and he would be in favor o£ granting the permlt for
one year. He asked, if there is a problem during thc year, could the City step
in? The Acting City Attorney said that it could be tal�en into Court if there
was a nuisance, or if there was an accident, it would have to be proven that
the accident was caused directly Uy the parking of the trailers. .4s a practical
matter, it would be di£ficult to do. The only reason a special use permit could
be revoked would be violation o£ the seven stipulations of those items listed
below the stipulations
Councilman Mittelstadt said that he could agree, and liked the idea o£ the
shrubbery in the 20' space ,7ust south o£ Osborne Road, but he said it is not
20' £rom the edge of Osborne Road. He asked how many trailers would be in that
space Mr. Farra said there could be 10 small trailers If there were 3- 4
larger trailers, then there could not be many small ones
THE VOTH UPON T'HL MOTION, being a roll call Vote, 13reider, Kelshaw, Utter voting
aye, Liebl and Mlttelstadt voting nay, A9ayor Liebl declared the rnotlon carried.
� PR�.S��TATION BY COUNTY CONL�IISSIONER MIKE 0'BANNON REGARDING TA% FORFL-"IT LOTS
ANll THH D4ISSISSIPPI STRECT UNDERPASS.
hlayor Liebl said that he noticed Commissioner b9ike 0'Bannon in the audience
and asked h1m if he would like to address the Council
County Commissioner Mike 0'Bannon said that there were two items he would like
to bring to the attention of the Council. The first is tax forfeit lots He
would like a Council decision on what tax for£eit lots tlle City wants to hold
for park purposes fairly soon, as he has to get his report in to the !�uditor
in 20 days The rest of the tax £or£eit property will be put up for sale.
County Commiss�oner said the other item he would like the Council to conslder is
the otierpass on Mississippi Street. I-Ie had met with the Road and Bridge Com-
mittee and will be again and he would like the Louncil to consider whether it
should be an overpass or underpass, and the tax dollars involved The overpass
would be about $680,DD0 and the underpass would be about $1,200,OD0 He said in
his disucssions with the Road and Bridge Committee, it seems that lf Fridley
went for the lesser amount, they would stand a much better chance of bcing the
first priority 4Uith the overpass, the railroad tracks would have about a 5�
grade and there would have to be cul-de-sacs on Ashton, both north ancl south of
Mississippi, with the underpass, only on the nortli side
Mayor Liebl said if the railroad tracks are not lowered, it seems it would be a
� very high structure, and would create a noise problem It would seem th7s
would have a tremendous impact on the neigliborhood Commissloner 0'Bannon
agreed the underpass would be better, but the cost must be weighed, and he asked
that the Council think about this before the next meeting IIe would certainly
like to see this proceed as quickly as possible He added that in his personal
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REGULAR COUNCIL MEETING OF MARCH 6, 1972 PAGE 4
opinion, the noise of the tra££ic would be less ob7ectionable than the noise �
of the trains I-le said that he had discussed the storm sewer outfall with the
County Consultants and there would be a sump and they would need a stand-by
generator. It would drain into Locke Lake Mayor Liebl said that the reason
NSSSD put their pipes so deep was because they anticipated an underpass He
wanted the flooding situation looked into. Re said he would like a simulated
model to look at so they could tell better what the plan would entail. Com-
missioner 0'Bannon said there is a Board Meeting next Tuesday and they are going
to ask for plans to be drawn up.
Mayor Liebl said there should be a public hearing called to find out £rom
Redeemer Lutheran Church and the neighbors on both sides o£ M3ssisszppi would
want 1-le added that Pridley has been trying to get this pro�ect in £or about
G years He would like to have Anoka County explain the plans to the people.
Commissioner 0'Bannon said there were 2 members on the Road and Bridge Com-
mittee from the north end o£ Anoka County, and they, or course, favor spending
the money in the northern end o£ the County
Councilman Breider said he would like to see some sketches so the Council could
digest the information before any public meeting. Commissioner p'Bannon said
they could Ue ready in about a month. Councilman Breider asked that the City
Engineer Ue given copies as soon as they are done.
Mayor Liebl said that in the past the Council has passed resolutions setting '
aside tax forfeit lots for £uture land acquisition, and asked if that property
is still being held The Finance Director said yes. Mayor Liehl said he would
like to see some of the tax forfeit property back on the tax rolls, and he
would like the City to look into a way to make them more attractive for
development Commissioner 0'Bannon said that sometimes lots can be �oined
together to make one parcel, they can then be subdivided for development,
Mayor Liebl said that he wanted some lots held, but the City cannot pay for
them now, but he does not want to lose £irst choice. I-Ie asked Councilman
Utter about the Rice Creek area. Councilman Utter suggested the Parks Director
meet with Commissioner 0'Bannon to look over this property He thought some of
the lots should be red tagged. The Yarks Director said they had already red
tagged some o£ the lots He said the City Manager, Commissioner 0'Bannon and
himself will be meeting this week to agree on what recommendation should be
made to the Council
D4ayor Liebl asked if the resolution holding tax for£ert lots could be ready £or
the Meeting next Monday and the City Manager replied yes.
RECONSID�RATION OF PARK LAND ACQUISTTION I.E., LOTS 1 F� 2, BLOCK 7, EDGEWATER
GARDENS [Requested by Councilman Mittelstadt)
Councilman Mittelstadt said that he would lzke the purchase of Lots 1$ 2, Block
7, Edgewater Gardens reconsidered All o£ the lots in Block 7 are red tagged and
he believed the City should pay the encumbrances against Lots 2 u 2 which amount �
to about $4,D00 There is that amount in the budget because the Rice Creek area
was not picked up The Rice Creek area amounted to about $9,000, and there is
about $7,000 left unencumYaered, �4,000 of which could be used on �hese t�o lots.
IIe said hc wanted this purchase soon so that the lots can be put into the con-
struction program this spring He would not want to wait another year be£ore
Council consideration agatn.
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R�GULAR C011NCIL MEETING OF MARCH 6, 1972
PAGE S
��I Councilman Breider said that there was no money allocated for work in t}us area
He would assume that to get construction started as Councllman Mittelstadt
suggests, the Council would have to ^rob Peter to pay Paul", and he was not so
sure he wanted to do that The Parks Dlrector said Councilman Breider was
right, there is no money in the budget for construction work in this area.
The City Manager said that the Parks Director and he discussed man�� plans.
With the deletion o£ the Rice Creek area, there is a total of about $7,000
unencumhered from the park land purchases this year On tlie matter of the
development, it would have to be handled like the other parks such as the Ruth
Circle and Hyde Park area; filling work and seeding etc. could proceed, but it
would be some time be£ore they could be brought up to operational level, and
these lots would have to stand in line for the facilities Councilman Utter
asked how much was against tlie Rice Creek property The City b9anager said
something over �9,000 Sznce there was only $7,000 left after the first three
priorities, $2,000 would have had to be borrowed from the :��orth Park allocation
MOTION by Councilman Mittelstadt to authorize purchase of the land, Ueing Lots
1 G 2, Block 7, Edgewater Gardens, and pay the encumbrances agaznst the lots,
which is roughly $2,OD0 per lot. Seconded hy Councilman Kelshaw for discussion
Councilman Kelshaw said that he toas under the impresslon that after authorizing
the expenditure £or the first three priorities, therc was not much le£t over,
now he $nds there is some �7,000 and perhaps the Council should have lool<ed £or
� another $2,000 to add to 1t for the Rice Creek area He asked if the $4,000
is spent on the Edgewater Garden area, could tlie left over $s,000 be applied
to the Rice Cxeek area? The City Manager said the City could not get title to
the land until the full assessment is paid The Finance Director said tliat if the
special assessments could be de£erred, perhaps the C�ty could purchase them. The
City Manager said the lots will be red tagged, so these lots could be the first
priorlty next year Councilman Utter has suggested looking at other lots, fine,
but that general area, he felt, should be the first pnority for 1973
Commissioner 0'Bannon said that tlze County has aUout 10 acres in the Innsbruck
area and the City has about 10 acres. Ile asked if the County took over the lots
and developed them, would they have to pay the assessments`' Anoka County also
has propexty on Rice Creek and he would like to see some �oint venture worked
out. He said they have had property given to then� to develop in Coon Rapids,
with the assessments forgiven. He said the County would be ready to move in
the Innsbruck area if the assessments could be dropped
Councilman Breider said that if the City used the $4,000 for those two specific
lots, tiien the Parks and Recreation Commission decided there were better lots in
the area for development, then there would not be any money Rather than stipu-
late which lots the money is to be used on, he would rather say the City is going
to buy two lots, it may be that some of the lots further down in Blocl< 7 would
be better Al1 of Block 7 is red tagged. Councilman i�httelstadt said that Lots
1$ 2 are the best lots The City Manager asked the Parks Director if these m�ould
Ue the best two lots 'fhe Parks Director said no, the first discussion was to
� exchange some property with Sam Templin so that the City could get tlie lot ,7ust
south o£ Che lot the City already owns. This caould, of course, be the most
feasible, as it tvould allow for the expans�on of the land the City already has.
He added that these are his thoughts, the Parks and Recreation Commission may
liave other viesas Councilman Mittelstadt told Lhe Parks lllrector thai D1r
Templin would not sell the lot he is speaking of It was part of his new plat
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RBGULAR COUNCIL NILHTING OF A7ARCH 6, 1972
PAGE 6
and he wanted it as a building srte. This is why he suggested the lots £urther
south, it is the next best avatlable land.
THE VOTE UPON THE MOTION, being a roll call vote, Liebl, Utter, Mittelstadt,
13reider and Kelshaw voting aye, Dlayor Liebl declared the motion carried unanimously.
Gouncilman Breider said that he would assume that in the future i£ the Adminis-
tration and the Parks and Recreation Commission, after studyzng the area, come
to the conclusion that there arc other lots that would be better, and make a
recommendation to the Council, that the Council can still sceitch.
RECGIVING TI-IE MINUTL-S OF THL PLANNING COMMISSTON MEETING OF FBBRIIARY 23, 1972.
MOTION by Councilman Kelshaw to receive the Mrnutes o£ the Planning Commission
Dleeting of February 23, 1972. Seconded hy Councilman Dlittelstadt, Upon a �oice
v�te, all ayes, blayor Liebl declared the motion carried unanimously
RECL'IVING 1'lIE MI�UTES OF 1'1IE eUILDING STANbARDS - DESIGN CONTROL MEETING OF
FEBRUAP.Y 24, 19i2
1 CONSIDERATION OF A RHQUEST T'0 CONSTRUCT AN ADDITION AND REMODSL THE EXISTING
RESTAURANT FACILITY LOGATE➢ ON THAT PART OF THE SOUTH 396 FEET OF THE NORTH
726 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST QIIARTER OF SECTION 12,
T-30, R-24, DESCRIS�D �5 FOLLOWS BEGINNING AT A POINT ON THE NORTH LINE
OP SAID SOUTH 396 FEET OF T'HE NORTH 726 FEET. A DISTANCE OF 653.27 FEET
LINE A DISTANCB OF 288 F�ET: THENCE
D15TANCEll 1UCSI' 949.45 F�E'1' PK
ALONG SAIU SOUTH LINE OF SAID
I_�I�M�H�
LINE OF SAID SOUTII 396 PEET
MENTvOVERLTHE NORTIIERLY SO F�ET THEREOF:uCONTAININGV2 62 ACRE MORE OR LESS
2. 1964. SUBJECT
SID� RICE BOWL
.n.
L�y
The City L'-ngineer showed the plans on the easel and sazd that this is a small
modificauon of their establishment. They are adding a kitchen and restrooms
and would total about �30,000, and does not re£lect the plan that was presented
to the Council last year for aUout $300,000. The Building Standards - Design
Control recommended approval with three stipulations, and asked that a land-
scaping plan be presented to the Council when he appears
Mayor Liebl said this would be to update and make his kitchen more e£ficient, and
asked if he could do that £or $30,000. b9r Glenn Wong said yes, for the structure,
not the equipment The equipment would be in addition to that $30,000, but could
still be used when they remodel later I-Ie said he tivould appreciate any suggestions
or comments from the Council IIe said that he svould like to get going as soon as
possiUle, and that his main ob7ect was faster service fox his customers. He
said when he completes the remodeling, he plans to do some £ace lifting on ihe
outside with stucco and landscaping, and some redecoration on the inside. He
said he also plans to add a sprinkler system. He now gets overflow crowds, and
he had talked to his insurance company and had been advised rt was a good idea
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REGULAR COUNCIL MEETING OF MARCII 6, 1972 PAGE 7
I Mayor Liebl said that the Council has discussed the Fireside in executive sessions,
as pertains to the liquor license. He said blr Wong's estaUlishment has been a
great asset to the community and that he and Mr. W�lliam Weiss have made a con-
tribution to this commumty He said he would like a commitment from Mr Wong
on what he is going to do with his establishment, so that the Council, if they
grant a liquor license, cannot be accused of being partisan Ile said he was told
by the Buzlding Inspector that he has to do some internal work to bring the
bmlding up to Code
Mr Wong asked what the Council wants him to do Councilman Breider said that A7r
4Yong came before the Council 4- S months ago with his original plan, and asked
what happened to that plan Mr Wong said this plan he has tonight will be the
first stage of his construction. Councilman Mittelstadt asked then, i£ he was
still working toward his total plan and Mr 4Vong said yes. Mayor LieUl said that
then he assumed that Mr. Wong is planning to proceed stage by stage until he gets
to the plan he presented to the Council, and Mr iNong said yes.
Councilman Utter said that he was not on the Council when Mr. Wong was hefore the
Council, but wasn't there supposed to be an inspection made of the building7 The
City Engineer said that Mr. Wong has been given a list of things he has to do with
the building. Mr lNong's building as valued at aUout $100,000, and he has said he
would be spending about $200,000 I£ more than 50% of the cost of the building is
spent, the ordinance requires that the building must be brought up to Code This
� $30,000 is a small portion of the $200,000, Uut if he eventually spends the
$200,000, then he is required to bring the building up to Code
The Acting City AttOrney said that Zn considering the liquor license, that Mr Wong
must be aware that the granting of the license is contingent upon meeting all the
requirements. He said he was not fully sure that Mr Wong understands �ust what
he must do, and that he could spend a lot of money, and would still not meet the
requirements. There seems to be a communication gap and it was suggested that he
talk all this over with the City Manager.
Mayor Liebl said there was nothing wrong with �ahat b1r. Wong wants to do wzth this
plan be£ore the Council now that was approved by the Building Standards - Design
Control. It would seem that this is the right step totiaards his goal that he
presented to the Council a£ew months ago. The Council is not saying that if he
makes this addition, that he would get a liquor license, he would get his license
when he meets the plan presented to the Council last year Mr Wong said that for
now, his interest is to serve the puhlic more ef£iciently and he is not asking
for a liquor license now.
Councilman Kelshaiv said he did not want to leave the impression with Mr 1Vong
that if the Council grants his building permit request, that he will get a liquor
license and Mr. 4Vong said he understood that
MOTION by Councilman Kelshaw to concur with the Building Standards - Design Con-
trol recommendation to approve the xequest to construct an addition and remodel
' the existing restaurant £acilities £or Fireside Rice Bowl, sub,7ect to the Board's
stipulations. Seconded by Councilman Mittelstadt,
` Mayor Liebl read the motion from the Building Standards - Design Control Meeting
and asked i£ he understood the stipulations and Mr Wong said he understood. The
Acting City Attorney said that the Council may, at some time, have to require that
he meets the ordinance, or waive the requirements He asked how much the sprinkler
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REGULAR COIINCIL MEETING OF iyARCH 6, 1972 PAGE 8
system would cost and Mr. Wong said a few thousand dollars, and added that when he
gets done with this, he will talk to the City Engineer about his next step.
Councilman Kelshaw asked if he understood that if he intends to request a liquor
license, that the Council will have to require that the building be brought up
to Code. Mr. Wong saad yes, but he would prefer not to bring the buYlding up
to Code as it is an old building, and the cost may exceed the value of the
building Councilman Mittelstadt commented that Mr Wong has submitted his
landscaping plans
Tlli: VOTH UPON THE MOTION, being a voice vote, all ayes, Mayor Liebl declared the
motion carried unanimously.
The City Engineer told Mr Wong that it is requlred that he hire an architect to
draw the plans, and they must be stamped by him according to the Uni£orm Buzlding
Code
2 CONSIDER.�TION OF A REQUL'-ST TO
LOCATED ON LOT 19 (EXCEPT THE
OF LOT 18. AUDITOR'S SUBD NIS
129. THE
VENUL S.E.. MINNEAPOLIS, MINNESOTA 554141:
I
325
The City Engineer reported that the Building Standards - Design Control recom-
mended concept approval only as the plans are not fully developed It is to be
a block building in the old American Legion area.
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Councilman Breider asked where the Uasement is in relation to the building. The
City Engineer said the building is to the south of the existing basement.
Councilman Breider said he understood that they plan on using the existing base-
ment £or storage
MOTION by Councilman Kelshaw to concur with the recommendation of the Building
Standards - Design Control and grant concept appxoval Seconded by Councilman
Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion
carried unanimously.
3. CONSIDERATION OF A REQU
QUADROMINIUMS) OF THEIR
PLHX LOCATED ON PART OF
55428):
FOR PRELIMINARY APPROVAL OF PHASE I(FIVC FOUR UNIT
➢OMINIIIM PORTION OF THE TOTAL MULTIPL� UNIT COM-
!�[U;TIY:I
MOTION by Councilman Kelshaw to concur with the recommendation of the Building
Standards - Design Control and grant approval o£ the preliminary plans. Seconded
by Councilman Mittelstadt.
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yayor Liebl asked the Crty Bngineer to show the elevations on the easel and asked
what was used for the outside material. The Gity Engineer showed a picture and
said they were all wood outside. Mayor Liebl questioned whether there should not '
be some brick, and thought they would look bare. Councilman Breider said this
is �ust a£ourplex, only the units are sold.
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REGULAR COUNCIL M�ETING OF MARCII 6, 1972 PAGE 9
MOTION by Councilman Kelshaw, raith the agreement of the seconder, Councilman
Mittelstadt, to withdraw his previous motion to concur, and instead to move to
table This is a totally di££erent concept and he would likc to have the builder
present his plans with some pictures to visualize the pro�ect. He added that he
would contact Vietacon. Seconded by Councilman Breider. Upon a voice vote, all
ayes, Mayor Liebl declared the motion carn ed unanimously
MOTION by Councilman Mittelstadt to receive the Nlinutes of the Building Standards
Design Control Meeting of Fe6ruary 24, 1972. Seconded by Councilman Breider
Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously.
RECEIVING THE MINUTES OF THL BOARD OF �PPEALS MEETING OF FEBRUARY 29, 1972
The City Engineer reported that Item #1 (Charles Johanson variance request) is
still pending before the Board of Appeals.
2. A RBQUEST FOR A VARTf1NCE OF
REQUIRED FOR 295 LIVING UNI
SQUARE FEET (2,500 SQUARE F
CONSTRUCTION OF THE STH BUI
FIVE SANDS
SHCTION 45.073,1A, TO REDUCE TIIE LOT AREA
5 IN FTVE SHPARATE BUILDINGS, FROM 737,500
ET a 295) TO 700,564 SQUARE FBET TO ALLOIV TII
DING OF THE APARTMENT COMPLHX, TO BE LOCAT�D
, BLDCK 2, PLARSON'S 1ST .�DDITION AN➢ ON PAR
NG 7805 EAST RIVER ROAD N.L'-., FRIDLL,Y, MINNE
OPMENT COMPANY, 7845 �AST RTVER ROM N E.,
Councilman MittelsCadt said this is a request to reduce the 1ot area for 295
units in five separate buildings and called upon D9r. Richard Fudali to explain
the reason for the xequest.
Mr Richard Fudali introduced himself and said that he and Mr. Ken Nordling are
co-owners of the Meadowrun Apartments. Mr. Fudali gave a summary o£ the pro-
ceedings to date, by saying that the original owners of the land initially con-
ceived this pro�ect as a 295 unit complex. Prior to his purchase of the property,
he went over all the minutes of the various committees and the Council Minutes
concerning this complex to make sure the property was adequate, as represented
to him, to accommo$ate 295 units, The procedure was followed step by step, the
property was rezoned to multiple use, and the pro�ect was started, All of the
minutes reflect the 295 figure. He said he was unaware of any mistake in com- ��
puting the land area and construction was staxted There are two 59 unit buildings
constructed and occupied, the third is in the sheet rock stage and the £ourth is
started. The recreational building is under construction and should be ready in
May.
b1r. Pudali continued that the mistake in computing tlie land area was made by
➢olan Engineering who made the site plan for the original owners When drawing
up the site plan they apparently took the acreage £rom the half section map,
which included hal£ o£ the East River Road right of way along the west side of
the property. In this case, the area was increased by 37,000 square £eet or So
The error was discovered when Pive Sands Development was getting the approval of
the plat from the City, IIe said he believes these apartments are Fridley's
finest, and all their labor £or the past two years has been with the 295 wu t
complex as their goal. Their thoughts a11 along v,ere that t]iey would be building
the same building five times, but now taithout his variance the fifth would be
different He explained that all their contracts and orders are all signed and
ordered for a 295 unit complex, for such things as 295 re£rigerators, air con-
ditioners, carpeting, etc
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RLGULAR COUNCIL NIEETING OF NllaRCH 6, 1972
PAGE 10
Mayor Liebl said that this request seems reasonable and that they have lived up '
to all requirements The Board of Appeals voted unanimously to approve the
request
Councilman Mittelstadt said the question of the berm was hrought up at the Board
of Appeals Meeting by Winston Jacobson and he has asked the same thing o£ him.
Mr Fudali said that the Board of Appeals meeting was the first time it was
brought up to }llm He said he is at the pro�ect 5 days a week and i£ DIr.
Jacobson had a complaint, he wished he would have called. He was sure this could
Ue ironed out Councilman Kelshaw said that he remembered the discussions about
the berm and it was to be built to hide the cars and garages, not at one end,
but for the full length. It was commented at the time that it was to be a nice
�ob with trees and bushes on top
b9r. Fudali said he believed he was supposed to plant 50 trees, but he planted
about 150, and added that construction is not complete. Councilman Kelshaw said
that according to the minutes the berm is 1'�' high with trees on top of it. He
asked that Mr. Fudali speak with Mr. Jacobson and work it out Councilman Mit-
telstadt said that if the trees were planted and it was only I'z' high and was
supposed to be 5` high, the trees would have to come out. Councilman Utter
said he would like to suggest using evergreen trees, and commented that he was
by there in the winter and it looks like some sticks sticking out of the snow.
Mr. Fudali said that some evergreen trees were planted, and they had thought of
perhaps planting some Russian olives.
Councilman Breider asked how many units this would actuallq involve. The Gity ,
Engineer said they were S% off, so that would be about 15 more uni�s than they
should have according to land area.
MOTION by Councilman Kelshaw to concur with the Board of Appeals and grant the
request for a variance £or Five Sands Development Seconded by Councilman Mit-
telstadt. Upon a vozce vote, all ayes, Mayor Lie61 declared the motion carried
unanimously.
MOTION by Councilman Kelshaw to receive the Minutes of the Board o£ Appeals
Meeting of February 29, 1972. Seconded by Councilman Breider Upon a voice vote,
all ayes, Mayor Liebl declared the motion carried unanimously.
RHCEIVING THE MINUTES OF THE FRIDLEY ENMAN RELATIONS CONIMITTE� MEETING OF FEBRUARY
24, 1972'
MOTION by Councilman Kelshaw to receive the Minutes of the Fridley Human Relations
Committee Meeting of Fehruary 24, 1972. Seconded by Councilman Breider. Upon a
voice vote, all ayes, Mayor Liebl declared the motion carried unanimously
Mayor Lzebl said that he has Ueen asked to address the Committee and asked that
the Administxation provide some input in regard to the details of this Committee
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REGULr1R COUNCIL MLETING OF MARCH 6, 1972
PAGL 11
1 REC�IVING BIDS AND AWARDING CONTRACT FOR HIGII V�LOCITY SEIVER CLENVER. (Bids
Opened March 3, 1972 at 1:30 P.M.)
Flexible Pipe F� D9ac Queen Equip Hayden A9urphy Heinen Mason Midway Ford
Tool, Sauk Rapids St Paul hlpls. Osseo b7pls.
Total Price Model FHY-602Tb94V
$14,400.00
Bid Surety
�lternate
Price
Second
' Alternate
Price
Delivery
Date
Brand
Name
'
Cert. Check
$875 00
lst State Bank
Sauk Rapids
Model SITY-601TM
$16,025.00
Model SITY-701TM
$17,415 00
30 llays after
truck received
Flexible
Nlodel PC60-10
$14,470.00
B B 5%
American Casu-
alty Co.
Model PC60-10
w/larger truck
$15,067 00
Model SKJ-1 Model 6520- None
$15,352 00 1000
$15,101.60
Remote control
panel not avail-
able
B.B So Cert Check B.B So
Seaboard $755 DS Agricultural
Security N.W. Natl Ins. Co.
Co. Bank
Model SKJ-1RC None None
$17,537.00
Model PC60-10 None None
w/larger truck
$15,237.00
60 - 75 Days
Myers
30 Days after 60 Days
truck received
None
None
0'Brian John Bean None
Make of Mounted on a Internatl.truck Ford trucks Internatl. Ford trucks
Truck GMC truck Model r�1700,Dodge #C752 or trucks model C700
#TE66803,2500 truck ;#D8�0 IfC702 model $6100 00 or
GVW, 366 cu in. Ford truck #1710A model LN700
engine LN series $5650 00
The City Manager said that the low bid received £or the item specified was from
Flexible Pipe �, Tool in the amount of $14,400 The bids as submitted included
alternates not asked £or, but the Admimstration £eels that the original speci-
fied equipment is what the City needs His reconunendation is to award to Flexible
Pipe $ Tool and re�ect all other bids
MOTION by Councilman Breider to award the bid for a high velocity sewer cleaner
to Flexible Pipe F, Tool in the amount of $14,400 for one Model FHY-602TT9W, and
re�ect all other bids. Seconded by Councilman Mittelstadt. Upon a voice vote,
all voting aye, Mayor Liebl declared the motion carried unanimously
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REGULAR COUNCIL MHETING OF MFlRCH 6, 1972
PAGE 12
RECEIVING BID ,�ND AWARDING CONTRACT FOR COMBINATION MOBILE WA�IING HOUSE AND '
SHELTER BUILDING (Bids Opened March 3, 1972 at 11.30 P M.)
Planholder
Capp Homes Inc.
4641 So. }liawatha Ave
Minneapolis, Minn
55406
Bid Surety
General Ins.
Co. o£ America
So B,B
Total Price
�5,255.00
Delivery Date
3D Days
The City Manager said that there are three types of warming houses in the Gity.
The first is bridc, at Locke Park, and is the most expensive. It has a total
of 888 square feet at a cost of $22.89 per square £oot at the time of con-
struction. The Locke Park warming house has indoor toilet £acilities while the
other two do not There is a permanent wood structure at Commons Park with a
total of 960 square feet at a cost of $8.71 per square foot. There is a mobile
warming house used at Terrace Park which is 10' X 36' or 360 square feet at a
cost of $6 86 per square foot. This mobile home presents an attractive appear-
ance and has the advantage of mobility to use in other areas as necessary.
The City Manager continued that Councilman Utter brought up the condition
of the trailer at Grace High School. He said that the Parks Director and him-
self have inspected the mobile structure and it is in a deplorable condition as
it has been vandalized many times, and presents an eyesore to the neighborhood
It was originally brought in by a citizen's committee headed by Tony Gnerre.
He said he has directed the Parks Director to set up a meeting iwth Mr. Tony
Gnerre and Nlr. Louis Meddico to discuss finishing the shelter building or
removing it from the site He said he believed it would be bene£icial for
Pridley to participate in this program if a general skating area is installed
at Grace High School in addition to the hockey rink area, and there should be
a written agreement executed between Grace High School, the citizen's group and
the City of Fridley which would allow the public to use the facilities at this
location. In exchange £or this privilege, the City could agree to the mainte-
nance of the rinks and the £urnishing of a warming house attendant during the
skating season.
The City Manager continued that, as to the matter of the bid received, that he
would recommend re�ecting the bid as it did not meet the specifications as it
is not mobile He said he did not know why more bids were not received, about
9 invitations to bid were sent out to manufacturers.
MOTION by Councilman Mrttelstadt to receive the one bid from Capp Homes, Inc.
and re�ect same for the reason the bid did not meet the bid speci$ cations,
and to direct the City Manager to informally seek proposals for a 10' X 36'
or larger mobile warming house (new or used) and bring proposals back to the
Council for consideration Seconded by Councilman Kelshaw.
Councilman Utter asked if in checking into this, they have investigated the
possibility of putting in permanent structures? There is a community that has �
buil� some very nice structures and he wondered what the cost would be. Mayor
Liebl said that if a permanent structure was put on one, there would have to be
one for all. The Parks Director checked into the purchase of mobile homes at
the direction of the Council with the idea that mobility would be of henefit.
REGULAR COUNCIL MEETING OF MARCH 6, 1972
l�
PAGE 13
� The Parks and Recreation Director said that of course, they would like to start
putting in permanent structures right now Fridley has already started with
Locke Park and The Commons. Mobile homes are more flexible in their use, can
be used both winter and summer and they can be moved for tournaments etc. It
all boils down to planning and budgetting, there is no bond money, so they have
to be built out o£ the yearly budgets Councilman Utter said that he feels the
City has to start someplace, but not by putting in trailer houses Eventually
Fridley will have to go to permanent structures
�
The City Manager said he would agree wzth Councilman lltter, however, i£ the
Council wants to go that route, they should consider coming up with a plan for
a Uond zssue He said he could not visualize, with the present levy limitation,
doing much expanding through the current budgets.
THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Liebl dec-
lared the motion carried unanimously.
RECE NING BIDS AND AWARDING CONTRACT FOR STREET IMPROVEMI3NT PROJECT ST 1972-1
AND ST. 1972-2: (Bids Opened 11.30 A.M., March 6, 1972)
Planholder
Alexander Const Co,
1500 E. 78th St
Minneapolis, Minn
Arcon Const Co., Inc
Mora, Minnesota
Dycon Corp
Monticello, Minn.
Hardrives, Inc.
10135 Central Ave IJE
Mpls., Minnesota
C S McCrossan, Inc
Box 336
Osseo, Minn
Bid Depaslt
Employers Comm.
Union Ins Co,
So B.B
Travelers Ind
Co. S$ B.B
U.S. Fid. $
Guaranty Co
So B B.
St. Paul F F�.M
S% B B.
U.S. Fid. $
Guaranty Co.
S% B B.
Nlinn-Kota Excav., Inc Argonaut Ins
3401 SSth Ave No. Co.
Minneapolis, Minn. S% B B
Progressive Contr. Inc Travelers
2128 44th Ave. No. Ind Co.
Minneapolis, Minn. So B.B.
1Voodrich Const. Co
� County Rd 3 at
18th Avenue
Hopkins, Minn.
Dunkely Surfacing Co
3756 Grand St. NE
Minneapolis, Minn
U.5 Paci£ic
Ins Co
So B B.
Cap. lnd.
Corp
So B.B
Base Bid
$483,089 38
$504,962 54
$501,199 85
;y498,492 56
$478,410.26
$462,751 58
$461,551 90
$520,$57.49
$479,008.33
Completion Date
As per specifications
As per specifications
As per specifications
As per specifications
As per specifications
As per specifications
As per speci£ications
As per specifications
As per specifications
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REGULAR GOUfQCIL ME�TiNG OF MARCH 6, 1972
PAGE 14
The City Engineer reported that the low bid received £rom Progressive Con- �
tractors, Znc, is about 160 lo�er than the estimate, and he would recommend
awarding the bid to them Mayor Liebl asked if this is a reputable contractor
and the City Engineer said yes, it is a new firm, but is part o£ the old firm
o£ Barton Contracting Inc. They have worked in Mznneapolis and he has �iecked
with Minneapolis and they find their work satisfactory
NIOTION by Councilman 6reider to award the contract £or Street Improvement Pro�ect
St. 1972-1 and St. 1972-2 to Progressive Contraators, Inc., in the amount of
$461.551.90 as per speci£ications Seconded by Councilman Kelshaw Upon a
voice vote, a11 ayes, Mayor Lie61 declared the motion carried unanimously.
RESOLUTION #37-1972 - APPROVING FIVE YEAR STREET LIGHTING AGREEMENT WITH NSP:
Councilman Mittelstadt brought up two lights that have been requested. One is at
about 7595 Alden Way and the other is on the east extremity of Hickory Circle.
In the discussion that £ollowed it was brought out that there are still 7 lights
to add to this half year's order and there will be another order to place for the
second half of 1972. There is a possibility that the light can be moved
on Alden Way It was also discussed that all intersections are not lit as yet.
This gentleman on Alden 1Vay has had burglaries zn his neighborhood, his block
is actually two city blocks long, and the suggestion was made that he could look
into a night light from NSP. Councilman Kelshaw said that if moving the light
or adding one would benefit the neighborhood, he could see it, but this would be
expending public £unds £or the benefit of one individual. '
MOTION by Councilman Breider to adopt Resolution #37-1972. Seconded by Council-
man Utter Upon a voice vote, all ayes, Mayor Liebl declared the motion carried
unanimously
CONSIDERATION OF APPROVAL OF "OPER4TI0� I➢ENTIFICATION" FOR THE CITY OF FRIDLEY:
The City Manager read his memorandum aloud dated March 1, 1972 at the request of
Niayor Liebl
MOTION by Councilman Mittelstadt to implement "Operation Identification" and
approve an allocation o£ �ZSO from the budget Seconded by Gouncilman Breider.
Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously
DISCUSSION REGARDING STATUS OF IMPRQVEMENTS IN THE AREA NORTH OF 79TH AVENUE;
WATER. SANITARY SHWER AND STORM SEWLR PROJECT #102:
The City Engineer reported that when the plan was presented to drain this area,
the suggestion was £or a complete pipe system with Spring Lake Park contributing.
Now, since the law suit, if they participate at all, it will be some time, so
the Council has authorized staging the construction. He said he has contacted the
people affected to get easements for improving the existing ditch, and they do not
�vant the ditch, but want an underground storm sewer system on 78th £rom Main
Street to the railroad tracks and £xom 78th to 79th. The City was fortunate
to get a bid price lower than estimated, so the complete piping can be put in '
these two areas for about an additional $60,000 and still keep wzthin the esti-
mated figure, His recommendation would be to pipe rather than open ditch. An
open ditch would require constant maintenance. It is possible there may have
to be some condemnation if the City would taant to leave the open ditch.
REGULAR COUNCTL N]EETING OF MARCH 6, 1972
��
PAGE 15
� Mayor Lieb1 said that as he recalled the City Engineer has already been given
the authority to proceed as necessary He said in regard to Barry 131ower, they
need a£ull underground system, but in some places, tt would have to be open
ditch, at least £or a time. I-Ie said he would like to see this pro,7ect imple-
men�ed as soon as possible, and added that the Councll must rely on the City
Engineer's �udgment.
Councilman Mittelstadt asked if the proposed pipe would empty into Stoneybrook
Creek and the Grty Engineer said yes, and added that whether it is pipe or an
open ditch would not matter as £ar as Stoneybrook is concerned Counczlman
Mittelstadt said that he had walked ihat creek and the creek is undercutting
the banks. The culvert under Alden Way is not large enough and there is going
to have to be something done with it. The City Engineer said that last year
rock and technical assistance was offered He said at this time he would
need a Council decision on whether to proceed with the additional expense and
if so, he will need authorization to draw the plans and prepare the change
order to add the �60,000 onto the contract The Acting City Attorney added
that this would be assessed
Mr. Edgar Houser, SS 77th Way N E., said that he owns eight lots in the block
between 77th and 78th. As the plan was proposed the ditch would meander through
Lots 5, 6, 7, $ 8 and would completely destroy those lots, and added that he
did not know what the Council had in mind £or payment for those lots IIe said he
�ust bought those lots 2 years ago and he now has a buyer, therefore, he would be
� in £avor of the underground system There are bad soil conditions in this area
and the sides of the ditch would run like quicksand and would be very difficult
to maintain, and would fill the pipe under the railroad tracks. He said rt would
be wise and proper to do the improvement right now when there is nothing to
inter£ere with, there is no surfacing between the railroad tracks and Beech
Street, no gas and no water.
Mayor Liebl asked �f this would be a permanent installation and the Crty Engineer
replied yes.
b]OTION by Councilman Breider to authorize the City Engineer to prepare tlie plans
for an undergroud storm sewer system on 78th Street from Main Street to the
railroad tracks and £rom 78th to 79th along the tracks and bring back the plans
for approval and to prepare the change order to add the $60,D00 onto the con-
tract. Seconded by Councilman Mittelstadt.
Councilman Mittelstadt said that this plan still empties into Stoneybrook
The City Engineer said it loould anyhotv, without the pipe Councilman Mittel-
stadt said that the people want the same flow coming in to go out under Alden
Way and it cannot do that now. The City Engineer said there is some money in
this pro�ect that can be used to help supply the material.
TI-IE VOTE UPON THE MOTION, bezng a voice vote, all voting aye, Mayor Liebl
declared the motion carried unanimously.
� RECEIVING HEALTH SANITARIAN QUARTERLY ACTIVITY R�PORT DATED FLBRUARY 23, 1972.
MOTION by Councilman Kelshaw to receive the Health Sanitarian quarterly
activity report dated February 23, 1972 Seconded by Gouncilman Utter. Upon
a voice vote, all ayes, Mayor Liebl declared the motion carrled unanimously.
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REGULAR COUNCIL ME�TING OF A7ARCH 6, 1972
PAGE 16
RESOLUTION #38-1972 - A RESOLUTION AUTHORIZING THE EXCHANGE OF PROPERTY FOR THE
IMPROVEMENT OF SGWER AND WATER SERVICE IN THE VICINITY OF BLOCK 1, OAK HILL
ADDITION (SS$SW #105-1)
MOTION by Councilman Kelshaw to adopt Resolution #38-1972. Seconded by Council-
man Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion
carried unanimously.
CLAIMS.
MOTION by Councilman Kelshaca to approve payment of General Claims #27857 through
#27892 and Liquor Claims ,#6462 through #}6475. Seconded by Councilman Breider.
llpon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously.
LICENSES�
Type of License
Public Dance
By
North Air Home Association
6831 Hwy 65
Fridley, Minnesota
St. Willzams Catholic Church
6120 Sth Street NE
Fridley, Minnesota
Approved By
Police
Police
MOTION by Councilman Kelshaw to approve the licenses as submitted
Coun�ilman Mittelstadt
�` �
Fee
fee
waived
fee
waived
Seconded by �
Councilman Utter asked why the KC's requested a �aaiver of the fee, isn't that a
profit making organization? They rent the building out. St. Williams Church
could request a waiver because most of the people attending would probably
be members, but the KC's rent the hall to other groups that come in and dance,
and he would think they should be required to have a license and pay the fee.
The facting City Attorney sazd that under the State Statutes, the Knights of
Columbus are considered a non-profit organization,
THE VOTE UPON THL'- b10TI0N, being a voice vote, all voting aye, Mayor Liebl
declared the motion carried unanimously.
ESTIMATES
Nodland Associates, Inc.
Alexandria
Minnesota 56308
PARTIAL Estimate No. 1 for work completed £or the construction
of Sanitary Sewer, Storm Sewer and Watermain Improvement
Pro�ect #�102, according to contract
$15,258.70
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RHGULAR COUNCIL MEETING OF MARCH 6, 1972
ESTIP�IATES CONTINUED•
Dunkley Sur£acing Co ,
3756 Grand Street N.E.
Minneapolis, Minnesota
Inc
55421
PARTIAL Estimate #5 £or the construction of Watermain,
Sanitary Sewer and Storm Sewer Pro�ect #103, Innsbruck
North
Suburban P,ngineering,
6875 Highway #65 N E.
Minneapolis, Minnesota
Inc.
55432
PARTIAL Estimate #5 for the inspection time through
2-18-72 £or construction o£ utilities in Innsbruck
North, Pro,7ect #1D3
PARTIAL Estimate #r5 £or the staking of utilities in
Innsbruck North - Billing thru February 25, 1972
l7
P�G� 17
$6,457.51
$ 504 28
$ 756 80
MOTION by Councilman Mittelstadt to approve payment of the estimates as suUmitted
Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Liebl dec-
lared the motion carried unanamously.
RECEIVING R�PORT ON 1971 EARNINGS ON INVESTMENTS:
MOTION by Councilman Kelshaw to xeceive the memorandum from the Finance Director
on the 1971 earnings on investments, dated February 28, 1972. Seconded by Council-
man Utter. Upon a voice vote, all ayes, Mayor LieUl declared the motion carried
unanimously,
Mayor Liebl said that'the Council extends its compliments to the Finance Director
for his handling of the City�s financial affairs
RECEIVING REPOR'T ON OUTSTANDING OBLIGATIONS AS OF DECEMB�R 31, 19
MOTION by Councilman Kelshaw to receive the report on outstanding obligations as
of DecemUer 31, 1971. Seconded hy Cauncilman D4ittelstadt. Upon a voice vote,
all ayes, Mayor Liebl declared the motion carried unanimously.
RECEIVING LETTER FROM CITY ATTORNEY'S OFFICE REG.4RDING APPOINTMLNT AS FRIDL�Y
CITY ATTORNEY:
Mayox Liebl read the letter aloud for the benefit of the audience and the Council.
MOTION by Councilman N]ittelstadt to receive the communication from the City
Attorney's Office this date. Seconded by Councilman Kelshaw Upon a voice vote,
all ayes, Mayor Liebl declared the motion carried unanimously.
MOTION by Councilman Kelshaw to maintain Virgil C Herrlck as City Attorney for
the remainder of 1972 Seconded by Gouncilman Mittelstadt.
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REGULAR COUNCIL MEETING OF MARCH 6, 1972
PAGE 18
Councilman Breider sazd that he believed that the Council reserves the rzght to
retain legal counsel, and this is at the pleasure of the Council. Even if an
appointment was made, in three months the Council has the right to reconsider.
The Acting City Attorney said that usually the appointment is made at the £irst
meeting o£ the year, along with the designating of the legal newspaper, etc.
This was not done thzs year and he has to commit himself to hiring the law
student to recodify the City Code �ery soon, this is why he asks for the
reafEirmation. Councilman Breider said that he 7ust assumed that after the
first reorganizational meeting, that everything that was not changed would
remain status quo.
THL' VOTE UPON THE MOTION, being a voice vote, all ayes, Mayor Liebl declared
the motion carxied unanimously
RHCEIVING LETTER FROM LEAGUE OF WOMEN VOTERS REGARDING PROCLAMATION FOR L4UV
WEEK;
Mayor Liebl read the letter £rom Barh Hughes, League o£ Women Voters, and the
Proclamation aloud.
MOTION by CounciLnan Mittelstadt to receive the communication from the League
of Women Voters dated March 25, 1972. Seconded by Councilman Breider. llpon a
voice vote, all ayes, Mayor Liebl declared the motion carried unanimously.
MOTION by Councilman Nlittelstadt to adopt the Proclamation and instruct that it
be published Seconded by Councilman Utter Upon a voice vote, aIl ayes, Mayor
Liebl declared the motion carried unanimously.
RECEIVING COURT ORDER IN REGARD TO CATV
Mayor Liebl read the clerk`s notice, dated March 3, 1972, addressed to tfie City
Attorney aloud and asked that the following appear in the Minutes.
"The above entitled matter came duly on for hearing before the undersigned,
one of the Judges of the above named Court, at a speclal term o£ said
Court at the District Courthouse in the City o£ Anoka, Minnesota, on the
4th day of February, 1972, pursuant to the Motion of Respondent, City
Council of the City of Fridley, to Quash the Alternative iNrit.
tiirgil Herrick and James Gihhs appeared on behalf o£ the Respondent in
support of the i�7otion. Wyman Smith and George Reilly appeared on behalf
of Petitioner in opposition to Respondent's Motion.
The Court, having Ueen duly advised in the premises, upon arguments and
briefs o£ counsel and upon all of the files, records and proceedings,
herein,
1T IS ORllERED, that the Court shall reserve ruling on Respondent's Motion
to Quash and Respondent is ordered to file its Anst�er with the Court
and to serve copies thereof upon counsel for Petitioner within ten days
after receipt of this Order.
Dated March 3, 1972
BY THE COURT
ROBERT'BAKKE
Judge o£ District Court,
Tenth Judicial District"
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REGULAR COUNCIL MEETING OF MARCH 6, 1972
PAGC 19
� MOTION by Councilman Mittelstadt to receive tilie Clerk's Notice, dated yarch
3, 1972, File Number 34101. Seconded by Councilman Brelder Upon a voice
vote, all ayes, Mayor Lzebl declared the motion carried unanimously.
AAJOUR'VMENT:
There being no further business, Mayor L�ebl declared the Regular Council
Meeting of March 6, 1972 ad,7ourned at 10:17 P D9.
R ectfully submitted, ���� �' �
G%3�C�. j�`,�-`.lhJ
Juel A Mercer Frank G Liebl
Secretary to the City Council Mayor
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