08/14/1972 - 000171911 �1
e. Y
THE MINUTES DF THE PUSLIC HEARTNG MEETING OF AUGUST 14� 1972
The Public Hearing Meeting o£ the Fridley City Council was called to order by
Mayor Frank Liebl at 7:30 P.M.
PLEDGE OE ALLEGIANCE:
Mayor Liebl 1ed the Council and audzence in saying the Pledge of Allegiance
to the Flag.
ROLL CALL:
MEMBERS PRESENT: Liebl, Mittel5tadt,
7 35 P.M )
MEMBERS ABSENT: None
ADOPTION OF AGENDA:
Breider, Utter (Mr. Utter arrived at
Mayor Liebl said there was one item to be added to the Agenda - Item #18 under
New Business, "Consideration o£ Agreement to Hire Mr. C.M. Rallis Por Adjustang
of Insurance Claims Resulting from the Fire at Holly Center Liquor Store".
MOTION by Councilman Breider to adopt the Agenda as amended. Seconded by
Counczlman Mittelstadt. Upon a voice vote, all voting aye, Mayor Lieb7. declarecl
the motion carried unanimously.
VISITORS
Mr. James R. Felegy, 200 53rd Avenue•
Mr. Felegy appeared before the Council and complained about the noise that trucks
make as they pass his home on 53rd Avenue, even as early as 4:00 A.M. He stated
that these trucks are mainly from Midland Cooperatives. He said he thought
they are retarding their brakes, going fxom Main Street to University Avenue,
and this is shutting out their mu£fler system resulta.ng in the loud noise. He
believed the truck drivers could curb this practice. He also thought the
trucks could travel on 57th Apenue rather than 53rd and they would then pass �
fewer residential homes. Mayor Liebl said that 53rd is a State Aid Road and
trucks were allowed to travel on these streets. Mayor Liebl suggested the
Police Department check into this and see what they could do about remedying
this situation. Councilman Mittelstadt suggested Mr. Felegy try to get the
number on the trucks that do this and turn them over to the Police Department
so they can warn these drivers to slow down and drive more carefully.
(Councilman Utter arrived at the Council Meeting)
Mr. Felegy was assured the administration will follow through on this complaint.
PUBLIC HEARING ON FINAL ASSESSP�NT ROLL ON 1972 WATER AND SEWER MAINSr LFITERALS
AND SERVICE CONNECTIONS.
Mayor Liebl read the Notice of Hearing. He opened the Public Hearing at
7:42 P.M.
�
�
�
F�, r
PUBLIC HEARING NIEETING OF AUGUST 14� 1972 PAGE 2
� The Finance Director said that all property owners involved have signed an agree-
ment regarding the assessment except £or the owner of Lot 22, Block L, Riverview
Heights Addition, and he has made an ob�ection to the assessment. Mr. Ivan D.
Peterson, 7995 Broad Avenue N.E., was present at the Council Meeting and pre-
sented his written ob7ection to the Council.
MOTION by Councilman Mittelstadt to receive the communication dated August 10,
1972, £rom Mr. Ivan D. Peterson in ob7ection to his assessment. Seconded by
Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the
motion carried unanimously.
Mr. Ivan Peterson said he did not understand what the assessment was for, and
had not received a clear explanation from the City offices. The Finance Director
explained that through some change in the number of lots in this area, on e lot
ended up with three-quarters of a normal lateral charge, and at Lhis time, the
other one-quarter of the lateral charge was being added to the property. Mr.
Peterson asked how this aould 7ust come to light at this time, as he had
bought his property in 1960 and built on it in 1962. FIe explained that in
1962 he had paid $20 for a sewer permit, $40 meter deposit and $65 for material
use and asked what this would have covered. The Finance Director suggested
that Mr. Peterson's assessment be tabled to the next regular Council Meeting
to check the figures in case Mr. Peterson has any kind of a credit coming.
Mr. James Petron, 5300 Fillmore Street N E., asked about the assessment on Part
� of Lot 11, Parcel 1530. The Finance Director said they were aware there should
be a credit on this lot, but the builder has not Urought in the statement so
that it could be credited. The credit will be given as soon as the statement
is brought in.
There was no one else in the audience that wished to be heard on this public
hearing.
MOTION by Councilman Mittelstadt to close the public hearing on the Final
Assessment Roll for 1972 Water and Sewer Mains, Laterals and Service Connections.
Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared
the public hearing closed at 7 50 P.M
MOTION by Councilman Breider to table consideration of the Resolution confirming
the assessment for 1972 water and sewer mains, laterals and service connections
(Item #10 on the Agenda) to the next regular Council Meeting to allow time to
check the assessment of Mr. Ivan Peterson. Seconded by Councilman Utter. Upon
a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously.
PUBLIC HEARING ON FINAL ASSESSMENT ROLL 50R SANITARY SEWER AND WATER IMPROVEMENT
PROJECT #105 ADDENDUM #1-
Mayor Liebl asked the City Manager to read the Notice of Hearing. Mayor Liebl
opened the public hearing at 7:55 P.M. There was no one present in the audience
that desired to be heard.
�MOTION by Councilman Mittelstadt to close the public hearing on the final assess-
_ ment roll £or Sanitary Sewer and Water Improvement Pro�ect #105, Addendum #l.
Sewnded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl dec-
lared the hearing closed at 7:57 P.M.
�ni;
PUBLIC HEARING MEETING OF AUGUST 14, 1972
PAGE 3
PUBLIC HEARING ON FINAL ASSESSMENT ROLL FOR SANITARY SEWER, WATER AND STORM '
SEWSR IMPROVENIENT PROJECT #106:
Mayor Liebl read the Notice of Hearing and opened the Public Hearing at 8:00
P.M. The City Engineer pointed out the sewer and water lines in the area on
the overhead pro7ector. He said this is basically the utilities for the new
plat of Briardate, the area to the west and the older lots in Cochran's Addition.
Mayor Liebl read unit costs for sewer laterals and services, water laterals
and services and storm sewer.
Mr. Thomas Reed, 6130 Stinson Boulevard N.E., ob]ected to the storm sewer
assessment because his lot drained to the lot behind him, and if someone else
had a problem and needed a storm sewer, that was their problem and not his.
Mayor Liebl explained that everyone in the area will eventually be assessed far
a share of storm sewer. He said that whether people lived on high ground or
low ground everyone is assessed the same, and this is a policy diligently followed
Uy the City Council. Mr. Reed asked if he had not already been assessed Por a
storm sewer in Stinson Boulevard. The City Engineer answered that he had not
been. The City Engineer explained that this was a partial assessment and that
there will be an additional assessment in the future £or an outlet.
Mr. Wallace M. Marcum, 6172 Stinson Boulevard N.E., said he could not see where
his property is benefitted at all. He said he had all the drainage he needed,
and if someone else wants to develop - fine, but they should have to pay for
the storm sewer that has to go with it. �
Mr. Dennis Schneider, 6190 Stinson Boulevard N.E., said that the assessment
figures for this assessment were not available until six days prior to the
meeting, and if someone did want to organize other property owners, it did not
give them much time. He also asked why the drainage area cut right across two
lots. The City Engineer explaa.ned the City's policy of dividing the City into
watershed areas so that everyone shares in the cost of storm sewers in the dis-
trict they are in. Everyone pays the same assessment in the district whether
they are on high or low gYOUnd. He said that this is not completing the whole
system because it is too expensive, and an outlet will eventually have to be
provided. Mr. Schneider asked how much it will cost additionally when the rest
o£ the system goes in. The City Engineer said that builders are being required
to put $800 in escrow, which is the estimated cost. This figure will be ad�usted
later.
Mr. Mike 0'Sannon, 5298 Fillmore Street N.E., asked the overall assessment for
storm sewer and was told it was $5 for 100 square feet of area. He asked what
the City was going to do with all the money. He asked what the amount of the
award had been for the pro�ect. The City Engineer said that the actual construc-
tion costs had been less than estimated. The Finance Director said the total
cost of this improvement was $125,965.48. He reviewed the final costs figures
for the information of the audience. The City Engineer pointed out that there
was also storm sewer within the plat.
MOTION by Councilman Mittelstadt to close the hearing on the final assessment ,
for Sanitary Sewer, Water and Storm Sewer Improvement Pro7ect #106. Seconded
by Councilman Sreider. Upon a voice vote,all voting aye, Mayor Liebl declared
the public hearing closed at 8:20 P.M.
� ,'
PUBLIC HEARING NiEET1NG OF AUGUST 14, 1972
PAGE 4
� PUBLTC HEARSNG ON FINAL PLAT P.S. #72-02 DORSTAD ADDITION BY EINAR "TED"
DORSTAD, GENERALLY LOCATED ON WEST SIDE OF INTERSECTION ON OSBORNE R�JAD AND
EAST RIVER ROAD:
AND
PUBLIC HEARING ON REZONING REQUEST ZOA #72-OS BY EINAR "TED" DORS'TAD, FROM R-1 TO
R-2 AREA GENERALLY LOCATED AT 7450 EA5T RIVER ROAD:
MOTION by Councilman Mittelstadt to waive the reading of the Notices o� Hearing.
Seconded by Councilman Breider. Upon a voice vote, a11 ayes, Mayor Liebl declared
the motion carried unanimously.
Mayor Liebl opened the public hearing at 8:21 P.M. The City Engineer said that
this property is on the west side of Osborne Road and East River Road. The
Planning Commission has held a public hearing and they have recommended approval
of the plat and rezonzng request, sub7ect to several considerations_ The City
Engine�r said we would have to acquire right of way at the interseation of
East River Road and Osborne Road and also have a drainage system to talte care
of the property on East River Road. He said �his could all be worked out if the
Council approves the plat.
Mayor Liebl asked Mr. Ted Dorstad if the stipulations were clear and if he con-
curred with them and Mr. Dorstad said he did. Councilman Breider asked if this
, was an R-1 and R-2 type development. The City Engineer said that most of the
lots are properl.y zoned R-1, and three lots a].ong East River Road are requested
to be rezoned to R-2 for doul�le bungalows.
No one in the audience wished to speak regarding this public hearing
MOTION by Councilman Mittelstadt to close the public hearing on Final Plat
Dorstad Addition requested by Mr. Einar porstad. Seconded by Councilman
Breider. Upon a voice vote, all ayes, Mayor Liebl declared the hearing closed
at 8:25 P.M.
MOTION by Councilman Mittelstadt to close the public hearing on Rezoning Request
ZOA #72-DS by Einar porstad from R-1 to R-2. Seconcled by Councilman Breider.
Upon a voice vote, all ayes, Mayor Liebl declared the hearing closed at 5:26 PM.
Mr. Dorstad was told that the ordinance would be on the Agenda of August 21,
1972 for cons�.deration o£ first reading.
PUBLIC HEARING ON MISSISSIPPI STREET RAILROAD GRADE SEPARATION:
Mayor Liebl read the Notice of Hearing and opened the public hearing at 8:27 PM.
Mayor Liebl asked if there was someone present from Anoka County that could help
the Council explain the project and answer some o£ the citizen's questions.
Mr. Mike O'Bannon, Anoka County Commissa.oner, said that the Chaisman of the
� County Board, Mr. A1 Kordiak, was present at the meeting. He said Mr. Kordiak
represents one side of Fridley and he represents the other. Mr. Kordiak
introduced Mr. Steven Askew, from the County Administration, who would outline
the two proposals; overpass or underpass. Mr. Kordiak said that the models
had bean initlated to get ideas and viewpoints on the underpass versus the over
pass. He said the underpass would cost $2,00O,OOD and the overpass approximately
,YyL
PUBLIC HEARING MEETING OF AUGUST 14, 1972 PAGE 5
$1,500,000. He said the County Commissioners also have a grade separation they �
have to consider on 7th Avenue in Anoka so they are looking at a cost of
$3,500,000 for grade separations in the next three or four years. He said the
models will give the people a basic idea, but they are �ust a concept and not
a Pinished detailed design.
Mr. Steven Askew also stressed that this was a general concept and details had
not been worked out, as they fzrst wanted to get an idea whether the City pre-
ferred one over the other, or if they were willing to accept either design. He
said that, generally speaking, the right of way is about the same £or either
plan and both would move traffic. He said the main difference would be the
aesthetic consideration. The County is not prepared to go into a detailed
explanation of what property would have to be used and where the right of
way would be located.
Mayor Liebl said the City was interested in a smooth flow of traffic on Missi-
ssippi Street from East River Road to University Avenue, and they are interested
in having this smooth flow with the least possible inaonvenience to the abutting
property owners and with the least noise. He said it was important that the
local aesthetic value was not destroyed.
Mr. Askew explained that the cost of the underpass zs higher because, in effect,
you have to build twice - move the tracks and then move them back. Mayor Liebl
asked if an overpass makes a shoofly unnecessary. Mr. Askew said that was
correct. Mayor Liebl asked if it would be possible to raise the tracks if an '
underpass was adopted. He asked about the Federal laws governing this. Mr.
Askew said that you can neither raise or lower the tracks. He added that the
drainage problem would be part of the cost factor, but it can be designed to
take care of it, and the tracks will stay where they are. Mayor Liebl asked
about the clearance. Mr. Askew said he believed it would be the standard
measurement which is 18 Peet.
Councilman Breider asked how many homes would each plan affect. Mr. Askew said
he believed it would be the same basic number. On the layout presented there is no
appreciable difference. Mayor Liebl said it was important to these people to
know where the right of way will be. Mr. Kordiak asked iP any of the people from
the Anoka o£fice knew the answer to this question, but thep did not, Mr. Kordiak
said he must apologiae to the Council for not having all the homework done. He
saad he had expected the County Engineer or Assistant Engineer to be present at
the meeting but they were unable to attend. He said he would see that the County
would get this information to the Council as soon as possible. Mr. Kordiak said
that in his own opinion, if he were living in this area, he would prefer an
underpass in spite of the cost as it will be there a long, long time. He said
they have been checking into sources of money looking for revenue and they are
sure they can do a first class job in Fridley and in Anoka. He said they would
work with each property owner to cause them the minimum amount of inconvenience.
The City Manager said that the Burlington Northern Railroad Company has signed
an agreement with the City of Fri3ley to bear the cost of the shoofly. He
asked if the $2,000,000 figure anticipated this contract, or was it an overall �
cost. Mr. O'Bannon said that was the total figure. The City Manager said that
the figure for the underpass then would be somewhat less than $1,500,000 versus
$2,000�000.
. �,
SPECIAL POBLIC HEARING MEETING OF AUGUST 14� 1972 PAGE 6
� Mr. ,7ack Kirkham, 5ecretary of the Board of the Redeemer Lutheran Church, intro-
duced Mr. Leonard Samuelson, Vice President ofthe Church Board. Mr. Kirkham
said that at the July meeting of the Soard, which Mr. O'Bannon attended to ex-
plain the models to them, the Boaxd voted unanimously for an underpass after
much consideration. He said they were very much interested in a grade separation,
principally because of noise and for expediting traffic. He reminded the Council
that already much time and expense has gone toward an undexpass. The NSSSD sewer
line was put in at additional expense to make room for an underpass, and the rail-
road made an agreement with the City and agreed to raise the tracks three feet.
MOTION by Councilman Mittelstadt to receive the communication dated August 14,
1972 from the Redeemer Lutheran Church Council. Seconded by Councilman Utter.
Upon a voice vote� all ayes, Mayor Liebl declared the motion carried unanimously,
Mayor Liebl asked if there was anyone else in the audience who wished to speak.
Mr. Ray Arnold, 6513 Ashton Avenue N.E., asked why they would have to deadend
Ashton Avenue and asked how far back they will go taking property. He said he
was one of the homes right next to Mississippi Street. Mr. Kordiak said that
when detailed plans are drawn, there would be no cul-de-sac if it were possible
to have access on Mississippi Street.
Mr. Dave Srink and Mr. R. A. Knoll from Designware Industries, 6536 Main Street
N.E., said they represented the adjacent seven acres and were interested in the
, way truck traffic would go, there was a discussion while looking at the models
regarding the access to Des�ignware. Mr. Brink said that an underpass probably
would be much moxe feasible for trucks and would be less bothersome to the
people. He thought an overpass would cause problems as there appeared to be a
blind intersection as it appears on the model.
Mr. George Meissner, 373 Mississippi Street N.E., said that on his recent vacation
he noticed danger signs on overpasses, and felt an overpass would create more
of a danger in winter. He said he personally £elt an underpass would be more
pre£erable and would look better aesthetically_
Mr. Harold ThimmescIi, 11 66th Way N.E., said that, if the tracks were to be
raised 3 feet, there c�*ould be considerably more noise and they would also have
to think of maintenance costs as he had seen underpasses 5 feet deep in water.
Mr. Leonard Samuelson said he felt an underpass was more desirable as it will
be a.n Fridley 50 - 100 years and we will have to live with it.
Mr. Johnson, Mississippi Street and Ashton, said his property isn't even shown
on the models. He said he would be in favor of an underpass as this would cut
down on the noise £rom cars and trucks, and it would be nice not to have the train
whistle There was a conversation about the procedure followed in the event Mr.
Johnson's property had to be taken. Mr. Kordiak said he was an appraiser and
would personally work with any residential property owner without charge whose
, property was taken. The Acting City Attorney said if the property owners are
not satisfied with the Condemnation Commissioner's decision, they have the right
to be heard by a �ury in district court. Mr. Askew said he would be entitled
to an appraiser paid by the governmental unit negotiating for the land.
_ 'i,
PUBLIC HEARING MEETING OF AUGUST 14, 1972
Mr. O'Bannon said he also preferred an underpass
aesthetic value to the City.
PAGE 7
He felt it would have better
Mr. Alvin Ricks, 161 Sylvan Lane N.E., asked how rt will be paid £or. Mr.
Kordiak said from the County Road and Bridqe levy and by diverting funds from
other County pro�ects, and they can sell $900,000 worth of bonds and pay them
back £rom the State Aid £unds over a 10 year period. He said they would also
hope to obtain some of the funds from the Federal Government and some from the
railroad.
Mr. Kordiak thanked the Council and the audience for their courtesy and said now
that they knew they were talking about an underpass, the County would work out the
details and the answers.
MOTION by Councilman Mittelstadt to close the public hearing on the Mississippi
Street railroad grade separation. Seconded by Councilman Breider. IIpon a voice
vote, all voting aye, Mayor Liebl declared the public hearing closed at 9:10 P.M.
PROPOSED FRIDLEY MUNICIPAL LIQUOR STORE:
A. REPORT OF JOHN BERGSTEDT, CONSULTANT, ON INTERIOR LAYOUT OF THE LIOUOR STORE:
The City Manager introduced Mr. John Bergstedt whom the Council had earlier
authorized hiring as the consultant to plan the interior layout of the Liquor
Store. Mr. Bergstedt hanc�ed out plans of the interior layout to the Council.
He said the plan is £or a 50' X 100' building which is the anticipated size the
City would need for the size o£ their business. Mr. Bergstedt outlined the plan
for the Council showing the way the patterns of traffic would go, how it will
help cut down on labor costs and pilferage. He said it will have adequate ware-
house space and will have a large mass display area to put foxwaxd the product
economically.
Councilman Utter drew attention to the back door which would allow access to
the case lot storage. He felt it should be closer to the office and asked i£ a
hallway would be the answer. Mr. Bergstedt said that if the truck drivers are to
put their own stock away, they would have to be able to get in, The City Manager
said they could go over this with the architects, as Mr. Patch had mentioz�ed the
possibility of putting the mechanical equipment on the roo.f, which would supply
additional space in the mechanical mom, There was a discussion regarding the
desirability of having a conveyer belt in the floor to help move the empties.
Mr. Bergstedt said the cases would still have to be handled anyway, and unless
it could be underground, it was not feasible to have a conveyer in a store this
size. There was a discusszon regarding where the entrance doors should be, and
it was pointed out the entrance would have double, double doors to keep £rom
losing heat in the winter.
Mr. Bery*stedt said they would be using all the equipment possible from the Shorewood
and Skywood Mall stores and he would estimate the cost of additional equipment
would be from $15,D00 to $20,000.
Councilman Breider asked how soon could everyth7.ng be ready to go. The Crty
Manager said it 7ust depends on how £ast the Council makes the decision. If they
want to be in by January, 1973, it would be possible, but there would be a
premium to pay on the contract. He said it would probably be possible to continue
our present leases on a month to month basis.
I
La
�
�
�,
SPECIAL PUBLIC HEARING MEETING OF AUGUST 14, 1972 PAGE S
� MOTION by Councilman Mittelstadt to receive the report from Mr. Bergstedt on
the layout of the Liquor Store. Seconded by Councilman Utter. Upon a voice
vote, all ayes, Mayor Liebl declared the motion carried unanimously.
B. REPURT ON A PREL2MINARY COST ESTIMATE FOR TH� LI UOR STORE AND AUTHORI-
ZATION TO ENGAGE PATCH, ERICKSON, MADSON AND HANSON� INC., TO PREPARE PRE-
LIMINARY PLANS FOR THE HUILDING:
The City Manager said that although the fiqure given is an estimate, he had
con£erred wrth Mr. Patch on it and Mr. Patch felt it was a realistic figure and
something they could stay within, i£ they were engaged, unless there is some
unanticipated problem they are not aa�are of at this time. Soil tests have not
been made yet, but they do not anticipate any problems there. The City Manager
said some things have been included in the cost figure that could be handled as
alternates. He did not feel this was an elal�orate cost, and if they were to com-
pare it to xenting costs, they could see that costs are high. Mr. Davis said
that ha.s experience with Patch and Erickson has only been the City Garage, but
they had come in considerably under the estimated cost. Mayor Liebl said it
should not take long to put up a building of this size. The City Manager said
that if Mr. Patch is authorized to start on preliminary plans, and everything
falls into place, Mr. Patch could get the plans done in one month, and we could
possibly be in by the First of December. The Mayor said that the interior and
the mechanical work would take time, but perhaps the four walls could k�e put
up first, and work on the interior later. He said the City must get opened before
, Christmas. Councilman Breider said he believed the State Statutes say that com-
plete plans have to be signed by an architect and published. Mayor Liebl said
they should be able to get the plans ready by September 11, which would give them
four weeks to get the preliminary plans done. The City Manager said he would make
every effort to convey this to the architect, however, there is also the question
of whether the Council wishes to have the plans go to the City's Commissions, or
will they deal directly with the architect. Councilman Breider said he would
assume the City Administration will make sure the plans conform to the City
Ordinances, and the City has done a good job up to date on any exterior land-
scaping, so it should not be necessary for the plans to go to any of the Boards_
Councilman Mittelstadt said that if the plans were completed by the lst of
Septemher, they could go before the Planning Commission �ust as long as the
Council gets them by September 11, 1972. The City Manager said he would make
every effort to see if they can do this.
MOTION by Councilman Breider to authorize the Mayor and City Manager to enter
into a contract with Patch, Erickson, Madson and Hanson, Inc. to prepare pre-
liminary plans for the liquor store on T H. #65, and that the Administration
prepaxe a financing plan for the new liquor stoxe. Seconded by Counnilman �
Utter.
The City Manager pointed out that there is a State Law that if the architecY. is
given a price that the City wants to build a building for, and the bids come in
in excess of l00 over that figure, the architect is required to redesign the
building at his cost to come in at that price.
, THE VOTE UPON THE MOTION was a voice vote, all voting aye, Mayor Liebl declared
the motion caxried unanimausly, and stated again that this was to be on the
September 11, 1972 Agenda.
n
F� �
SPECIAL PUBLIC HEARING MEETING OF AIIGUST 14, 1972 PAGE 9
AUTHORIZATION TO EXECUTE AGREEMENT WITH CITY OF ST. PAUL ON USE OF ST. PAUL ,
WATER EASEMENS EOR PARK PURPOSES BY THE CITY OF FRIDLEY:
The Acting City Attorney said he had looked over the agreement at the request
of the City Manager £or legality.
MOTION by Councilman BYeider to authorize the Administration to enter into the
agreement with the City of St. Paul. Seconded by Councilman Mittelstadt. Upon
a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously,
CON5IDERATION OF A RESOLUTION SETTING THE CITY PRIMARY ELECTION FOR THE YEAR 1972:
Councilman Mittelstadt stated that since we have no primary election in Ward 1 or
in Ward 3, a.t would not be consa.stent to allow a primary in Ward 2. He said that
according to the City Charter, if there are four candidates, the Council is
required to have a primary, but if there are three candidates, it is the Council's
discretion on whether a primary should be held of not.
MOTION by Councilman Mittelstadt that no primary election be held in the year
1972 in Ward 2. Seconded by Councilman Utter.
Mayor Liebl said he agreed with their 7udgment as this will help defray the
expenses of the three candidates, as it is very expensive to Yun a campaign £or
the primary and then again for the general election. �
TH� VOTE UPON THE MOTION, being a voice vote, all aye5, Mayor Liebl declared the �
motion carried unanamously.
The Finance Director asked the Council about passing a xesolution on the question
of Sunday liquor sales. Councilman Breider asked whether the Council would want
this question on the primary or the general election. He suggested it be put on
the ballot at the general election as more voters turn out then. Mayor Liebl
agreed with this. Councilman Mittelstadt said the resolution, as read to him,
was confusing, as it mentions motels and hotels, and he thought it should �ust
state -- do you want Sunday liquor in Fridley� The Finance Director said he
believed the City Attorney was wording it the same as other municipalities have
worded it, and they are only voting on Sunday liquor £or hotels or motels, so
there is a reason .for the wording. The Acting City Attorney said he had not
seen the proposed wording, but he would discuss it with the City Attorney and
bring it back to the City Council.
CONSIDERATION OF A RESOLUTION CONFIRMING ASSESSMENT FOR 1972 WATER AND SEWER MAINS,
LATERALS AND SERVICE CONNECTIONS:
This resolution was tabled to the meeting of August 21, 1972. (See public hearing
on this item).
CONSIDERATION OF RESOLUTION #97-1972 CONFIRMING ASSESSMENT FOR 5ANITAE2Y SEWER AND
WATER IMPROVEMENT PROJECT #105 ADDENDUM #1: �
MOTION by Councilman Breider to adopt Resolution #97-1972. Seconded by Council-
man Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl dealared the motion
carried unanimously.
PUSLIC HEARING MEETING OF AUGUST 14, 1972 PAGE 1D
� RESOLUTION #98-1972 - CONFIRMING ASSESSMENT ROLL FOR SANITARY SEWER, WATER AND
STORM SEWER IMPROVEMENT PROJECT #106:
MOTION by Councilman Breider to adopt Resolution �98-1972. Seconded by Council-
man Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion
carried unanimously.
RESOLUTION #99-1972 - TRANSFERRING CERTAIN COSTS PROM WATER, SEWER AND STORM
SEWER PROJECT #106 TO ST. 1972-1 STREET IMPROVEMENT PROJECT:
MOTION by Councilman Mittelstadt to adopt Resolution #99-1972. Seconded by
Councilman Utter.
Mayor Liebl asked the City Enqineer why this transfer was implemented. The City
Engineer said it would combine the assessments into one pro7ect, so the property
owners would only have to come in one time £or a hearing.
THE VOTE UPON THE MOTION, being a voice vote, al1 ayes, Mayor Liebl declared the
motion carried unanimously.
RESOLUTION #100-1972 - DIRECTING THE ISSUANCE OF TEMPORARY IMPROVEMENT BUNDS
IN ACCORDANCE WITH LAWS OF 1957, CHAPTER 385:(PROJECT #106)
MOTION by Councilman Mittelstadt to adopt Resolution #100-1972. Seconded by
, Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion
carried unanimously.
RESOLUTION #101-1972 - DIRECTING THE SALE AND PURCHASE OF TEMPORARY IMPROVEb1ENT
BONDS IN ACCORDANCE WTTH LAWS OF 1957, CHAPTER 385: (PROSECT #106)
MOTION by Councilman Mittelstadt to adopt Resolution #101-1972. Seconded by
Councilman Utter, Upon a voice vote, all ayes, Mayor Liebl declared the motion
carried unanimously.
APPROVAL OF AGREEMENT TO LEASE OFFICE SPACE IN CITY HALL TO ANOKA COUNTY FOR USE
AS A PROBATION OFFICE,
Mayor Liebl pointed out that Anoka County will be paying the Crty rent for the use
of this office space.
MOTION by Councilman Mittelstadt to approve the agreement to lease space to the
Anoka County Probation Office. Seconded by Councilman Utter. Upon a voice vote,
all voting aye, Mayor Liebl declared the motion carried unanimously.
RECEIVING MEMORANDUM FROM FIRE CHIEF HUGHES REGARDING FIRE AT HOLLY CENTER
STORE:
MOTION by Councilman Mittelstadt to receive the memo from Chief Hughes regarding
� the Holly Liquor Store fire. Seconded by Councilman Utter. Upon a voice vote,
all ayes, Mayor Liebl declared the motion carried unanimously.
t� �3
PUBLIC HEARING MEETING OF AUGUST 14, 1972 PAG$ 11
CONSIDERATION OF AGREF,MENT TO HIRE MR. C.M. RALLIS FOR ADJUSTING OF IN5URANCE �
CLAIMS RESULTING FROM THE FIRE AT HOLLY CENTER TSQUOR 5TORE:
The City Manager said that since the City is very anxious to get the liquor store
back in operation, and there are a lot of procedures to go through with the
insurance companies, we need someone to protect our interests. He said that
Mr. Rallis has had experience and is well qualified to do this. Mr. Rallis has
recently worked with an ad7uster after the Shorewood Inn fire, and it is the
same ad7uster that the City will be working with on this £ire. The City Manager
said he would recommend employing Nir. Rallis at a£ee of 5� of the settlement,
and he believed the Acting City Attorney agreed with him on this. Mr. Gibbs said
that the usual £ee is 10� of the settlement. The Acting City Attorney said that
a£ter the tornado there were bad £eelings and many headaches with insurance
problems. Mr. Rallis has �ust gone through this experience, and he understands
he did a tremendous 7ob for Shorewood Inn. xe said Mr. Rallis was a tough
negotiator, who did not o£fend anyone.
MOTION by Councilman Utter to approve the agreement to hire Mr. C.M. Rallzs £or
ad�usting insurance claims resulting from the Holly Center Liquor Store fire at
a fee of 50 of the settlement. Seconded by Councilman Mittelstadt. Upon a voice
vote, all ayes, Mayor Liebl declared the motion carried unanimously.
REVIEW OF CODIFICATION OF CITY CODE:
The Acting City Attorney introduced Sue Torrey to the Council and said she had ,
been working in their office as Law Clerk and working on the eodification of
the City Code. 5he has met �aith each department head on their suggestions for
changes and improvements in the Code,
Mr. Gibbs said that first they would like some direction from the Council
an the suggestions they have had for new ordinances. He said that the Health
Inspector has requested ordinances ott a housing code for Pridley, regulating
sauna baths, regulating private swimming pools and amendments to the food
ordinance. The Police Department would like ordinances on the carrying and
purchasing of firearms, regarding limiting the distance snowmobiles can travel
on City streets, and on improper starts from parked position which Mr. Gibbs
said he was not in £avor of because they are hard to prove in court. The Fire
Department has suggested an ordinance regarding use o£ guarddogs, and the City
Attorney suggests an ordinance licensing used car dealers.
The Council said they would like to see drafts o£ these ordinances. The Acting
City Attorney said they would draw them up and bring them back to the Council £or
their consideration. Councilman Breider asked about an ordinance regarding litter
and distribution o£ pamphlets. He also wondered if you could xegulate peddling
via telephone. Mr. Gibbs said there is a Gxeen River OrdYnance on peddlars he
will bring back, but telephones were interstate commerce, Mr. Breider asked
al�out regulating carnivals and Mr. Gibbs said he would check on it.
The Acting City Attorney said that his o£fice has suggested that the license
fees be set out in one ordinance rather than throughout the code. The Council �
agreed. The Council, Acttng City Attorney and Law Clerk went through all the
suggested changes in each chapter as compiled by the Attorney's o£fice. After
discussing each one, the Council agreed wrth the suggestzons of the City
Attorney's office except that (1) the structure of the Planning Commission and
other Boards and Committees are to be studied further; (2) the suggested
�
�
L_�_I
PUBLIC HEARING MEETING OF AUGUST 14, 1972
PAGE 12
provisicn in Chapter 60 to prohibit livestock was deleted, and no change is to
be made in Chapter 6Q, (3) the suqgested chanqes in Chapter 76 - Parking of
Vehicles - was tabled after a discussion regarding the length o£ time for
parking vehicles on City streets. The City Attorney's office will discuss this
further with the Police Department
The City Attorney said now that they have their directions from the Council, they
will make the changes in the ordinances and draw up the draft ordinances and
bring them back £or Council consideration.
ADJOURNMENT:
MOTION by Councilman Mittelstadt to ad�ouxn the Public Hearing Meeting of August
14, 1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl
declared the meetinq ad7ourned at 11:00 P.M.
Respectfully submitted,
%%� L�'.��s'"!I
Acting Secretary to the City Council
� ,�� �
� � s�vr�
Frank G. Lieb1
Mayor
i � '-
2�