12/04/1972 - 00016981�
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THE PIINUTES OF THE REGIILAR COUNCIL MEETING OF DECEMBER 4, 1972
The Regular Council Meeting of the Fridley City Council was called to order
at 7•35 P M,➢ecember 4, 1972 by Mayor Lieb1.
PLEDGE OF ALLEGIANCE:
Mayor Liebl led the Council and the audience in saying the Pledge of Allegiance
to the Flag
INVOCATION:
The Invoation was offered by the City Manager.
ROLL CALL:
MCMBERS PAESENT: Liebl, Mittelstadt, Breider, Starwalt
MEMBERS ABSENT: Utter.
APPRQVAL OF THE MINUTES OF THE REGUI,AR COUNCIL MEETING QI' NOVEMSER b, 1972
MOTTON by Councilman Breider to adopt the Minutes of the Regular Council
MeeCing of November 6, 1972 as presented. Seconded by Councilman Mittelstadt.
Upon a voice vote, all ayes, Mayor Liebl declared the motion carried.
APPROVAL OF THE CANVASS OF VOTES MEETING OF NOVCMBER 9> 1972:
Councilman Breider pointed out there was an error on Page 9 of the Minutes
Under the heading "Councilman 3rd Ward", the lines for "write-in votes" should
have zeros filled in on them, and the numbers listed there now should be moved
down a line so they are listed on the °PTotal" lines.
MOTION by Councilman Mittelstadt to adopt the Nlinutes of the Canvass of Votes
as corrected, Seconded by Councilman Breider. Upon a voice vote, there being
no nays, Mayor Liebl declared the motion carried.
APPROVAL OF THE MINUTES OF THE PUBLIC HEARING MEETINC' OF NOVEMBER 13, 1972•
MOTION by Councilman Mittelstadt to adopt the Minutes of the Public Hearing
Meeting of November 13, 1972 as preseated. Seconded by Councilman Breider
Upoa a voice vote, a11 ayes, Mayor Lieb1 declared the motion carried
ADOPTION OF AGENDA.
Mayor Liebl said there was one item to add to the Agenda under "Estimates".
This is Estimate ��10 for Dunkley Surfacing ('ompany. Councilman Breider suggesLed
they move the communication from the League of Women Voters to the "Visitors"
section as some of the members were present Co present their petition to the
Council. The Council agreed with this suggestion
MOTION by Councilman MittelsYadt to adopt the Agenda with the addition of the
estimate and the suggested change in order. Seconded by Counc'tlman Breider
llpon a voice vote, a11 ayes, Mayor Liebl declared the motion carried
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REGULAR COULQCIL MEETING OF DECEMBER 4, 1972
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VISITORS �
Mr, Lee Silverton, 6214 Oliver Avenue South, Minneapolis;
Mr. Silverton said that he had a band that plays at the Casino Royale, and
he has a girl singer who is over 18 but under 21 and they would like to
know if it is permissible for her to perform at the Casino Royale. He said
that, according to the information he has received, a State law was passed in
1971 allowing a person under 21 to perform in places where they serve liquor,
but this does not pertain to the Casino Royale. He said he talked to Mr
Tom Mattson of the Attorney General's office who said that if it was a liquor
establishment there would be no problem. The City Attorney said he would
check this out the next day through the Attorney General's office. The
City Council said that if it follows the State Law the City Attorney could
let Mr. Silverton know that the request was approved.
Mr. Muggli, Muggli Manufacturing Company, 5973 N.E. 3rd Street•
Mr. Muggli said that he understood the Council had passed a resolution on
November 20, 1972, that had some bearing on his property. He complained thst
he was not given the courtesy of notification that this was to be discussed
so that he would have had a chance to speak concerning it. He asked if it
was not correct that 3rd Street is now a one way going south. He was told
this was cozrect between 59th Avenue and 60th Avenue. Mr. Muggli said that
2z years ago the Council passed a resolution with 85% of the people in the ,
area supporting it and nothing was done by the City of Fridley except to pass
the rezoning, He said the slip-off does not enhance the property in Hyde
Park and leEt everyone open to double taxation. He felt that having the one
way would devaluate the property in that block.
Mayor Liebl asked iE anyone had any comments.
Mr. Eldon Schmedeke, 5900 University Avenue N.E., said he would like to have
some time to discuss this item. Mayor Liebl said that he had tried to call
Mr. Schmedeke but had been unable to reach him. He suggested that he read the
minutes of the Meeting and he would understand what had been done. Mr. Schmedeke
said that he had not received the minutes of the meeting yet, and requested that
this be discussed further at the end of the evening as he wanted to explain his
side of the story. The Council agreed to eo on with the reguLar business and
return to this sub�ect before ad�ourning,
League of Women Voters, Represented by Mrs. Barbara Hughes, Presentin�
Communication and Petition Urging the C'tty Council to Establish and Pre-
Serve North Park as a Nature Center,
Mrs. Barbara Hughes presented the Petition and a copy of a letter summarizing
the feelings of the League of Women �oters regarding dedicating North Park as a
Nature Center to the City Council,
MOTTON by Councilman Mittelstadt to receive the communication and Petition �
�k23-1972 from the League of Women Voters. Seconded by Councilman Breider.
Upon a voice vote, all ayes, Mayor Liebl declared the motion carrxed.
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REGIILAR COUNCIL MEETING OF DECEMBER 4, 1972 PAGE 3
� Mrs. flughes said that on April 17, 1972 she had appeared be�ore the City
Council to relate the outr,ome of the League's study on open space in Fridley.
They had done a block by block analysis of recreational facilities available
in the City, County and neighboring communities and studied the City and County
comprehensive park plans and the Rice Creek Watershed powers She said the
League had sponsored a tour of North Park October Stli, and had shown a slide
show to explain a Nature Center and how it would relate to North Park and
Rice Creek to Cyty, school and county officials. She explained why they felt
North Park was more suitable than Rice Creek for a nature center, which in-
cluded steep banks at Rice Creek, the fact that �t is sub�ect to flooding, and
a greater variety of terrain in N�rth Park.
Mrs. Hughes pointed out that the petitions represeat most areas of the City
and were signed by 1345 people. 966 were adult taxpayers and 379 Fridley
residents under 18 signed the petition. The petitions were circulated by 14
League members and a like number of interested citizens. The League is not
asking for a xefereadum so the signatuies �aere not restxa�cted to voters. Many
p=ople outside of Fridley expressed an interest also.
Mrs. Hughes said the League urges the Council to provide for protection of the
area until such time as a nature center could be established. They suggest
it be fenced, especially along County jF132, "no hunting" signs be posted,
patrolling be increased, and a naturalist be employed to Aelp plan a site
She suggested a community wa.de pro�ect of cleaning the area for "Earth Day"
� in 1973 and they would pledge themselves to he1p. The League urges the City
to explore methods of funding such a nature center with neighboring
communities, school districts and the County.
Mr. Dave Harris, Representing Che Chamber of Commerce, Regarding Narth
Park as a Location for a Golf Course;
Mr. Harris said that at an earlier meeting, the Council had received a com-
municatio❑ from the Chamber of Commerce with their proposal to enlist com-
munity support for a municipal golf course, and during the next few months
they will be doing a deCailed study of their proposal. Recently they have
heard two speakers•A golf murse architect who indicated the property �s the
finest they have seen for the development of a goLf course and a repxesenLative
of the City of Bloomington on financing of such a facility They plan on
putting their information togethex in a farm the Council can use in mak�ng
a determination on the use of the property, but at this time have not com-
pleted their cosC pro�ection and would like the Council to deFer a decision until
a11 the _nformation is available. If the Council deslres a petition, they were
sure there would be many people interested in signing oae For a golf course. He
said that all their information will be made available to the public
Councilman Breider said he thought the next course of action would be for the
administration to collect facts and figures on the best land use, and where
the money would come from, Mayor Lie bl said he agreed with this. Mayor
� Lieb1 said he felt it was the Council's duty and responsibility to look over
carefully what a nature center oa golf course would do for the City of Eridley,
how much it would cost, and how much good or service it would give to Fridley.
He felt the decision should be made on a non-partisan hasis, The Council
must have all the facts and figures and be able to justify its decision to
the taxpayers. He said that maybe by March or Apri1 the Council may be in a
position to make a decision.
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REGULAR COUNCIL MEESING OF DECEMBER 4, 1972
Mayor Liebl thanked both Mrs. Hughes and Mr.
and said Yhat in the next five or six months
problem in the best interest of the community
thing that should divide the community,
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Harris for their presentation
they wi11 try to solve the
He said that this is not some-
Mr. Douglas Osieczanek, 101 Crown Road N,E., Complaint on Sand Blowing
From Midland Cooperatives Parking Lot,
Mr. Osieczanek complained about the sand blowing from the Midland Cooperatives
parking lot. The City Engineer said that Midland Coop has complied with a11
the stipulations of the building permit and have oiled their parking lot.
He said that if there is a problem they will ask Midland Coop to keep it under
�ontrol. Mayor Liebl asked what could be done legally to make them take care
of this problem, The Citq Attorney said that the people in the area could
;_nstitute an action against Midland Coop as a public nuisance, but the court
would have to find that it was a public nuisance and that a substantial
number of people are harmed by the situation, He suggested that the neighbors
meet w�.th officials of Midland Coop and try to resolve this. Mayor Liebl
suggested that the City Manager set up such a meeting and have the City
Engineer there also. He said that Midland Coop does spray when complaints
are received but it does not last. He thought the Ward Councilman could attend
and try to get something accomplished. Councilman Nlittelstadt said that when
Mr. Osieczanek complained before, the City Manager had written a letter to
Midland Coop and they said they would take care of the pzoblem. The City
Manager said there is not a Iegal requirement, but they could see[z their
cooperation on the basis of neighborliness.
Mr. Osieczanek also compla�ned about the noise the trucks made when they
are warming up, and said he has a hard time getting any sleep. Mayor Lxebl
pointed out that the Land is properly zoned. He said a letter had been
written asking them to modify their muffling systems. He asked at what times
they were bad and Mr. Osieczanek said between 3 and 4:00 A.M. Mayor Liebl
said they have the right to use Main Street, but the Police Department can spot
check to make sure the mufflers are propexly maintained. The City Attorney
said they are required to fa11 within the noise standards or they can be
givea a ticket. The City Manager said that the City does not have a noise
metering device,but that the State Parrol does and they could be called in
and their services utilized.
Mr. Osieczanek also said that his home has been broken into many times over the
past year and he would like to know if the Police Department does check homes
when they are notified the people will be gone, He said the lock had been bro-
ken, and the Police Department had been unable to tell him when the last time
his home had been checked. Mayor Liebl said that these are checked out and
suggested Mr. Osieczanek go down and check the record out with the Police
Department.
PUBLIC HEARING ON LAND ALTERATION PERMIT - CHIES BROTHERS. LOT 10, AUDITOR'S
SUB➢IVISION �k22
MOTION by Councilman Mittelstadt to waive the reading of the notice of hearing.
Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl
declared the motion carried.
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REGULAR COUNCIL MEETING OF D�CEMBER 4, 1972 PAGH 5
� The City Manager said that he understands that some years ago a Land Altera-
tion Permit was granted to the Chies Brothers for the excavatinn o£ their
land. This work has not been completed, but there is an agreement with the
insurance company indicating that if a huisance is declared, the bonding
company wz11 furnish some fund to finish the gxading work on the land
Mayor Liebl said that the reason for a hearing is so the people may be heard
and he asked Mr. Les Chies if he wished to speak.
Mr. Les Chies said that since the Land Alteration Permit was taken out,
Ben,7amin Street has been put in four or £ive £eet lower than the Chies pro-
perty. He said they have to develop their property because o£ high ta7ces,
but it has to be sloped to align with Benjamin Street, and at this point
they have to £ind out haw this is to be done They did not want to level
out the property and then when the street goes through have to take dlrt
out again.
The City Engineer said that on May 1D, 1971, Mr Ed Chies signed an agreement
with the City with a number o£ stipulations, and this was all taken into
consideration. He said that the work is not completed and the banks on this
pro�ect are creatzng a dangerous situation. Mr. Chies said there was
15,OD0 to 2D,000 yards o£ dirt to be remoVed, and you can only get rid of
dirt at certain times of the year. Park Construction was going to take some
o£ the dirt, but they found another spot. Mr. Chies said he wanted to sit
� down with the City Engineer and figure out the grade, so they can do it ,�ust
one time and not three tzmes.
t�Iiyor Liebl said that a few years ago their bond was running out and at that
time he supported their request, The Council tried to comply with their request
and gave them about a year zn which to grade it at a grade acceptable to the
city. Mr Chies said that the grade has been changed drastically, and at
that time the street was not in.
The City Attorney said he had two concerns regardzng this. The bonding company
that Mr. Chaes has, has indicated they no longer want to keep the bond in
force as the ,7ob should have been finished many years ago. Their attorney
has said to get it done or they will be withdrawing the bond and the City
will have no pxotection. His othex concern was the steep 6anks in the sandy
soil which are a hazard to children.
Mayor Liebl asked the City Attorney how much time was le£t on the bond. The
City Attorney said he doubted if there was any time le£t right now, but
they have agxeed that if the City will do something to resolve the situation,
they will make a contribution i£ that is necessary. He thought it would be
ali n ght if there was a meeting and they came back with something in a week
or two. The City Engineex said that we have been through all this ati least
a half a dozen times. They got together wath Chies' engineer last year,
grades were decided upon and an agreement signed by Mr Ed Chies. The work
was to be done by September 30, 1971. Les Chies said that Ed Chies should
� never have signed the agreement. He wouldn't have as Benjamin toas not in.
The City Engineer reminded him that Ben�amin was planned at that time
Mayor L�ebl suggested that the Ward Two Councilman, Mx Chies and the City
Administration get together and work on this. Councilman Starwalt said he
could meet the next day to look intt� the matter. Mr. Chies said the next
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REGULAR COUNCIL MEETING OF ➢ECEMBER 4, 1972
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day would be all right with him, A meeting was set for Tuesday, December
S, 1972 at 1:00 P.M. with Mr. Chies, the City Engineer and Second Ward
Councilman Starwalt.
MOTION by Councilman Mittelstadt to continue the public hearing on the Land
Alteration Permit to the Council Meeting o£ December 11, 1972. Seconded by
Councilman Starwalt. Upon a vozce vote, all ayes, Mayor Liebl declared the
motion carrzed.
CONSIDERATION OF SECOND READING OF AN ORDINANCE REPEALING CHAPTER 19 "USED
CAR LOTS" OF THE CITY CDDE AND ADOPTING A"USED MOTOR VEHICLE" ORDINANCE
AS CHAPTER 19 (Tabled 11-20-72)
Mayor Liebl explained that the original intent o£ this ordinance was so the
City would not have a used car lot in each gas station. Dealers are required
to pay £or a state license and a local license, so the City owes them the
proper relationship between dealerships and stations.
Mr Eldon Schmedeke said he had been a used car dealer in the City for many
years, and he had a few suggestions on the proposed ordinance he would like
to make He went through the ordinance section by section with the Council.
In Section 19.D2 he suggested rt start "No person, partnership or corporation
shall engage---", and he felt there should be a minimum £ine set for a
repeater selling cars without a license. The City Attorney agreed with the '
addition of partnershzp or corporation, and said they could not set a
minimum fine as that would be the discretion of the Judge, but it can say
that violation is a misdemeanor, and they could be fined up to $300 and up
to a 90 day �ail term.
In Section 19 03 Mr. Schmedeke said he had never been asked the details
required here for application for a Iicense before. Mayor Liebl said this
section may eliminate having so many dealers in the City. Mr. Schmedeke
agreed. In Section 19.04, Mr. Schmedeke said he had no ob7ection to the
$100 license fee, although it has been $S0. He understood this was to cover
police protection, but he did not believe he had been getting any protection
in Hyde Park at night.
Mr. Schmedeke said he hoped Sections 19.01 and 19.02 were not pointing a
finger at anyone and accusing them of dishonesty. The State would take
their license away for doing such things He felt fhe £ive days listed in
Section 19.091 were too short a time Councilman Mittelstadt suggested they
make it 14 days which would be consistent with the State Law. There was
further discussion on this and it was decided that 10 days would be adequate.
Mr. Schmedeke asked who will make the judgement on the condition o£ the
car in Section 19.14I. The City Attorney said he would agree, this should
be made more precise. He suggested they spend some time together and go over
these poznts.
Mr. Gabrelcik asked about the Uond price and where they were purchased. The ,
City Attorney said it would be from an insurance agent or a bonding company,
and he can call and check out the price befoxe the second reading.
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REGULAR COUNCIL MEETING OF DECEMBER 4, 1972
PAGE 7
� MOTION by Councilman Mittelstadt to table the second reading of this ordi-
nance until December 1$, 1972, to incorpoxate suggested changes. Seconded
by Councilman Breider. Lipon a voice vote, all ayes, Mayor Liebl declared
the moCion carried,
The City Attorney said he would get the concensus of the Council a week £rom
now so he will know how they wished it changed.
DISGUSSION CONCERNING PARK CONSTRUCTI�N COMPANY HP.ULING OF �ILL FROM
BURLINGTON NORTHERN CONSTRUCTION SITE'
Mr. Douglas Osieczanek said he cannot get any sleep uecause these trucks
drive all night He asked i£ there wasn't a Czty ordinanc e that could
prevent them from driving all night.
The City Attorney said our ordinance prevents construction during certain
nighttime hours, but he did not think that would apply. The City Manager
said that ttihen the Council heard the request for a permit, Park Construction
Company had indicated the second shift warking £rom 7 P.M. - 7�40 A.b7. would
be going to FMC only and would not pass through any residential areas, so
when he had heard of complaints Councilman Mittelstadt had received, he con-
tacted Park Construction and Mr. Gerald McDonald, Administrative Co-ordinator,
indicated he would come to the meeting and explain the situation to the
Council.
�Mr. McDonald said that they were laauling dirt from Columbia Heights to Coon
_ Rapids and not doing any dumping in Fridley Since they £ound out there
had been a complaint, they have split the routes with some trucks going 44th
Avenue to University Avenue and some going up Nlain Street. He said,
weather permitting, this phase will be finished in about two weeks. He said
there were no trucks hauling after 12.3� A.M
Councilman Mxttelstadt said that Park Construction had not received per-
mission to start a second shi£t driving through the residential areas He £elt
the Administxation should have been advised of this. Mr McDonald said that
oraginally they were dumping at sites in Fridley, but the present site zs not
in Fridley. They have split the truck routes and most of them are going up
East River Road. He did not know what else they could do. He £elt the
operation in Fridley had been very success£ul. They have tried to cooperate
fully, and on the complaints there have been of trucks speeding, they do not
condone this and want to see tickets issued wheneuer this happens He said
much o£ this trouble was with hired trucks, but they are now using mostly
their own trucks.
Councilman Breider asked if it taas possible £or them to go out on the west
side of the 7ob Mr McDonald said there was only one exit on 43rd Avenue,
and they either go to East River Road, Main Street or up 44th Avenue to
University, Councilman Breider asked if they could use East River Road to
I, 694 over to Unxversity. Mr. McDonald said this might not be an econo-
, mical proposition. He said Main Street is a state aid street and they could
run all the trucks up Main Street, but they want to cooperate.
Mr. Knutson, Crown Road, asked how many trucks were be:ng used Mr McDonald
said he would guess about 10 trucks, and they could probably make a turn and a
half in an hour Mr. Knutson said that these trucks were noisy and asked if
there was a noise ordinance. The City Attorney said this would be governed
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REGULAR COUNCIL MEETING OF DECEMBER 4, I972 PAGE 8
by State Statutes, and i£ they are in violation o£ these Statutes they can be �
tagged. The City Attorney said there is no way the City can stop the trucks
from using those streets unless they are violating a law. They are not re-
quired to change routes by law and could not be prevented £rom running all
their trucks up Main Street, but they try to accomodate the Council and the
citizens.
Councilman Mittelstadt said he would like to see Park Construction go from 44th
A.venue to University or across the tracks to East River Road as much as
possible. He said that a motion to eliminate running the trucks on Main St.
would not be a legal motion, so he cannot do that. He would like to see Park
Constructlon write a letter to the City Administration agreeing to using the
other streets
MOTION by Councilman Mrttelstadt requesting that Park Construction agree
that in Phase 2 of their operation their trucks will use 44th Avenue to
University Avenue and 43rd Avenue to East River Road as frequently as possible,
and that this shift be terminated by January 1, 1973. Seconded by Councilman
Starwalt. Councilman Breider asked Mr, McDonald if they planned on running
trucks on Christmas weekend and Mr. McDonald said they did not. Upon a voice
vote, all ayes, Mayor Liebl declared the motion carried.
RECEIVING THE MINUTES OF TI-]E BUTLDING STANDARDS - DESIGN CONTROL MEETING OF
NOVEMBER 21,1972:
CONSIDERATION OF A REQUEST TO CONSTRUCT AN ADDITION TO AN EXISTING
BUILDING LOCATED ON LOTS 12-16, BLOCK 6, ONAWAY ADDITION, THE SAME BEING
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The City Bngineer pointed out that the Building Eoard recommended approval with
the stipulations listed in theix minutes. He recommended they bring this back
to the City Counczl and a public hearing be held. Comicilman Breider asked
about the letter of intent from the owner on paving the alley and Gumwood
Street. Mr. Cooper said that the alley was no problem and they wi11 agree to
pave that, but he would like to vacate Gumwood Street and asked how to pro-
ceed with this request. He said there would be no area landlocked by vacating
the street. The City Engineer said that this was true, but there have been
experiences of running into problems after vacation of a street. He said he
would recommend they use the street as an alley as they did on Beech Street.
He suggested they have a public hearing and hear all the property owners. He
showed the street and alley on the overhead projector. He explained how the
alley could be used for loading docks and said there were a number o£ crther
problems in the area,
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MOTION by Councilman Breider to concur with the Ruilding Standards - Deslgn
Control Committee and approve the request, with stipulations listed, except
that the decision to pave Gumwood Street be held until the public hearing.
Seconded by Councilman Starwalt Upon a voice vote, all ayes, Mayor Liebl
declarad the motion carried. '
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REGULAR COUNCIL MEETING OF DECEMBER 4, 1972
CONSIDERATION OF A REOUEST TO MOVE A HOUS� FROb9
tii.���fH�r� r ��►+l���t•)'d
PAGE 9
ROBSINSDALE
'S SUBDIVISION #2
The City Engineer showed the City Council a picture of the house they would
like to move into Fridley. Mayor Liebl asked the City Attorney i£ a bond was
always required. The City Attorney said it was t� the best of h1s recollection.
Mayor Liebl asked the petitioners if they understood that a paved dxiveway
was required, and they said they understood this Councilman Breider said he
felt the house would fit into the axea, and asked i£ the garage was going to
be moved also, and was told that it would be Mr Findell said they would
repaint the siding and repair any damage Councilman Starwalt asked if the
house was going on a full basement. Mr. Findell said it would be an 11
course basement. The City Engineer said the time limit £or the bond was one
year, so it would have to be brough� up to code be£ore that time limit was up.
MOTION by Councilman Starwalt to concur with the recommendation of the Building
Standards - Design Control Subcommitee and approve the request with the stipu-
lation that they post a performance bond of $25Q�, the house be repaired and
brought up to Code within one year, and that they pave the driveway. Seconded
by Councilman Mittelstadt. Upan a voice vote, all ayes, Mayor Liebl declared
the motion carried.
CONSIDERATION OF A
4VEST
17
ST TO CONSTRUCT A SPECULATIVE
ON THE EAST '� OF THl NORTHEA
TION 3, THE SAME BEING 7901 B
2. (REQUEST BY SRYANT-FRANKL
BRIGHTON. MSNNESOTA 551121•
BUILDING TO BE USED
lilf�
00
The Citiy Engineer reminded the Council that this item had appeared before them
previously and they had approved it contingent upon the approval of the
Building Standards - Design Control Subcommitee. There is no further action
required by the City Council.
MOTION by Councilman Breider to receive the Minutes of the 6uilding Standards
Design Control Subcommittee Meeting af November 21, 1972. Seconded by Council-
man Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion
carried.
RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBHR 22, 1972
REQUEST FOR A SPECIAL USE PERMIT, SP #72-16, BY PHILLIPS PETROLCUM
COMPANY: To continue the use of the service statlon per Code 45.1O1,B,
3,E and to convert the north stall of the service station to a car iaash
F� install a car wash machine per Code 45.101, B, 3H, located on the south
12D £eet of the east 120 feet of Lot 18, Block 5, Rice Creek Plaza South
Addition, being the northwest corner of University Avenue $ Mississippi St.
The City Engineer pointed out that the Planning Commission recommends approval
of the special use permit for the service station but denial o£ the car wash
Mayor Liebl sald he would agree as there is quite a bit of traffic conflict
on that corner and the water £rom the car wash would make the area slippery in
wintes
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REGULAR COUNCIL MEETING OF DECMEBER 4, 1972
PAGE 10
MOTIDN By Councilman Breider to concur with the Planning Commission and �
approve their request for a special use permit to contznue the use of the
ser�ice station. Seconded by Councilman Mittelstadt. Upon a voice vote,
all ayes, Mayor Liebl declared fhe motion carried.
MOTION by Councilman Breider to concur with the Planning CommYSSion and deny
the request to convert the north stall of the service station to a car wash
as it would create a serious traffic stacking problem in the service road-
car wash area, and because of the grade situation the water would cause a
dangerous situation in winter. Seconded by Councilman Mittelstadt. Upon
a voice vote all ayes, Mayor Liebl declared the motion carried.
VACATION REQUEST, SAV #72-06, BY STATE LAND AND DEVELOPMENT C0. (PAUL
BURKHOLDER): To vacate SSth Avenue t�etween Sth $ 6th Streets and the
12 foot alley located in Block 10, Hamilton's Addition to Mechanicsville
that is Iocated between Highway #100 on the north and 54th Street on the
south being the property of the Sacred Heart of Jesus Polish Catholic
Church.
The City Engineer said that the Planning Commission had recommended approval
of the vacation request for the alley, but had recommended denial of the
vacation request for the street. Mr. Paul Burkholder addressed the Council
and said that the site plan, which has been approved, shows the garages 15'
south o£ the fence Iine, but the City Engineer has suggested he move the �
entire plan 15' to the south and the roadway would not have to be vacated.
He said he would have the necessary setbacks, except the setback at SSth St, if
this street was ever to be opened up. He said the Public Safety Director did
not recommend opening this street, but there would always be access fox an
alley if need be. Mayor Liebl asked if there were any property owners ob-
�ecting. The Chairman of the Board of the Sacred Heart of Jesus Polish
Catholic Church, a member of the Board, and the Caretaker were present at the
meeting. They said they had no objections and said they would like to see thzs
settled. The City Engineer said the Council should authorize the Administration
to set up a public hearing for January, and as Mr. Burkholder would like to
move ahead with this pro�ect, he would like to know i£ the Council agrees with
the complex as originally presented but moved 15' to the south so he can get
his plans going.
n90TI0N by Councilman Breider to set the public hearing for January 15, 1973
and indicate to the petitioner that the Council agrees with the concept of the
total development, including the 15 £oot shift to the south in the building's
location. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes,
Mayor Liebl declared the motion carried.
Nr. Burkholder said he realized they had to hold a public hearing but as he
and the Church Board are really the only people involVed, and there are no
other parties concerned, he would liketo know if it would be possible to get
things going before the final reading. The City Engineer said that once the
hearing is held, if there are no ob,7ections, there should 6e no problems. �
MOTION by Councilman Breider to receive the Minutes of the Planning Com-
mission Meering of November 22, 1972. Seconded by Councilman Mittelstadt.
Upon a voice vote, all ayes, Mayor Liebl declared the motion carried.
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REGULAR COUNCTL hffiETING OF DECEMBER 4, 1972
PAGE 11
RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF NOVEMBER 28, 1972•
A REQUEST FOR A V
REDUCE THE FRONT
CONSTRUCTION OF A
LOTS 22, 23, 24 $
PARK ADDITION, TH
MINNES�TA. (REQU
FRIDLEY. MINNESOT
OF SECTION 45.053, 4A, FRIDLEY CITY CODE, TO
BACK FROM 35 FEET TO 17.5 FEET TO ALLOW THG
��irf�7�i�
The City Engineer pointed out that the Board of Appeals did not have a quorum
at their meeting, but the two members that were present recommended approval
of the variance. Councilman Breider asked i£ there were any problems with
any obstructions The City Engineer said there were none as East River Road
is very wide here. He mentioned to Mr DeGardner that he must continue living
in the house to continue his home occupation as a sma11 real estate business.
MOTI�N by Councilman Breider to concur with the Board of Appeals and approve
the variance as requested. Seconded by Councilman Mzttelstadt Upon a voice
vote, all ayes, Mayor Liebl declared the motion carried.
MOTION by Councilman Breider to receive the minutes of the Board of Appeals
Meeting of November 28, 1972. Seconded by Councilman Mittelstadt. Upon a
Voice vote, all ayes, Mayor Liebl declared the motion carried
RECESS.
Mayor Liebl declared a recess at 10'30 P.M. The meeting was reconvened at
10:d5 P.M,
SUBMITTING OF NAI�fES TO JUDGE OF ANOKA COUNTY DISTRICT COURT FOR THE FRIDLEY
CI-]ARTER COMMISSION:
The Councilmen submitted the following list of names to be foxwarded to the
District Court Judge £or selection o£ a Charter Commission:
Councilman Breider: Earl Hendrtcks, 7341 Able Street, 786-8237
Elaine Knoff, 6776 7th Street, 560-1938
Francis Casey, 740 67th Avenue, 560-9048
.Terry Radcli££e, 7350 Memory Lane, 786-2142
Councilman Utter John Swanson, 5835 Central Avenue, 788-7638
(Read by City Mrg.) Herbert Bacon, 159 Logan Parkway, 784-7806
George Bacon, 1336 Hillcrest Drive, 788-2355
Mary Ellen Luckow, 161 64'z Way, 560-1839
Thomas Flol�d, 6053 4Voody Lane, 788-5904
Robert 0`Neill, 861 Rice Creek Terrace, 560-1272
Councilman Starwalt: Rolan E. Anderson, 5194 Matterhorn Drive, 788-7587
� Mrs. James J. Collins, 6854 Channel Road, 784-9626
Arlon J. Haupert, 6524 Anoka Street, 786-1466
Roy 3. McPherson, 5808 Tennison Drive, 788-2440
Paul M. Shaw, 6380 Madison Street, 560-1767
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REGULAR COUNCIL MEETING OF DECEMBHR 4, 1972
PAGE 12
Councilman Mittelstadt. Ole B7erkesett, 100 N.E. 63'Z Way, 560-3639
Harry Crowder, i46 N E. 63rd Way, 560-5821
Donald Wegler, 6815 East River Road, 784-5684
Charles Langer, 525 N.E. 67th Avenue, 560-1388
Hans Sondheimer, 5841 6th St. N.E., 560-1594
Mayor Liebl. Ray Sheridan, 1301 Hillwind Road, 788-6130
6i11 Forster, 7539 Tempo Terrace, 784-8360
Andy Kohlan, 236 Rice Creek Blvd., 784-6682
Jackie Johnson (Mrs. Harold) 1415 Trollhagen Dr. 788-6009
Jack Kirkham, 430 67th Avenue N.E., 560-3681
MOTION by Councilman Mittalstadt to £orward the list of names to the Anoka
County ➢istrict Court Judge for his selection of the Charter Gommission £or
Fridley. Seconded by Councilman Breider. Upon a voice vote, all ayes,
Mayor Liebl declared the motion carried.
CONSIDERATION OF
AL OF RENEWAL OF
MENT FOR THE METRO-
Mayor Lie61 asked the City Engineer if he would recommend renewal of this
agreement. The City Engineer explained that this is the existing agreement
at the moment and this would extend it through 1973.
MOTION by Councilman Mittelstadt to approve the renewal of the maintenance
agreement and extend it until December 31, 1973, Seconded by Councilman
Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion
carried.
RECEIVING THE PUBLIC EXAMINER AUDIT OF FRIDLEY POLICE PENSION ASSOCIATION.
MOTION by Councilman Mittelstadt to receive the report o£ the Public Examiner
on the financial affairs of the Fxidley Police Pension Association for the
four years ended December 31, 1971. Seconded by Councilman Starwalt. Upon
a voice vote, all ayes, Mayor Liebl declared the motion carried.
RESOLUTION #139-1972 - AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL
ASSESSMENTS ON LOT S. BLOCK 2, RIVERWOOD MANOR ADDITION:
MOTION by Councilman Breider to ad�pt Resolution #139-1972. Seconded by
Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared
the motion carried.
RESOLUTION #140-1972 - AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL
ASSESSMENTS ON NORTH 12 7 FEET OF LOT 31 AND ALL OF LOT 32, BLQCK 4, LOWELL
MOTION by Councilman Breider to adopt Resolution #140-1972. Seconded by
Councilman Mittelstadt. Upon a voice vote, ail ayes, Mayor Liebl declared
the motion carried.
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REGULAR COUNCIL MEETING OF DECEMBER 4, 1972 PAGE 13
RESOLUTION #141-1972 - AUTHORIZING $ DIRECTING THE SPLITTING OF SPECIAL
A.SSR.SRMRNT.S (1N PARCFi..0 1!1 £ 9!1!1 CF!'TTnTi �Z•
MOTION by Councilman Breider to adopt Resolution #141-1972. Seconded by
Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared
the motion carried,
#142-1972 - AUTHORIZTNG � D
�
ING THE SPLITTING OF SPECIAL
MOTION by Councilman Breider to adopt Resolution #142-1972 Seconded by
Councilman Mrttelstadt. Upon a voice vote, all ayes, Mayor Liebl declared
the motion carried
RESOLUTION #143-1972 - AUTHORIZING �, DIRECTING THE SPLITTING OF SPECIAL
ASSESSMENTS ON LOTS 1- 30, BLOCK 3, ONAWAY ADDITION
MOTION by Councilman Breider to adopt Resolution #143-1972. Seconded by
Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared
the motion carried.
RESOLUTION #144-1972 - AUTHORIZING F, DIRECTING THE SPLITTING OF SPECIAL
ASSESSMENTS ON PARCEL 720D, SECTIDN 3:
MOTION by Councilman Breider to adopt Resolution #144-1972 Seconded by
Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared
the motion carried.
RESOLUTION #145-1972 - AUTHORIZING � DIRECTING THE SPLITTING OF SPECIAL
ASSESSMENTS ON PARCEL 3600, SECTION 2.
MOTION by Councilman Breider to adopt Resolution if145-1972. Seconded by
Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared
the motion carried.
�146-1972 - AUTHORIZING $ DIRECTING TI-IE SPLITTING OF SPECIAL
�n1 inTC �lL C'14 ➢TM1(`V d L{V119 SIAOV A�IIITTTlITt.
MOTION by Councilman Breider to adopt Resolution #146-1972. Seconded by
Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared
the motion carried
RESOLUTION #147-1972 - AUTHORIZING $ DIRECTING TI-]E SPLITTING OF SPECIAL
ASSESSMENTS ON PARCELS 7800, 8100 $ 8400, SECTIDN 24, AND PLATTING INTO
MOTION hy Councilman Breider to adopt Resolution ?�147-1972 Seconded by
Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared
the motion carried
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REGULAR COUNCIL MEETING OF DECEMBER 4, 1972
#148-1972 - AUTHORIZING � DIRECTING THE SPLITTING OF
INNSBRUCK NORTH TOWNHOUSES 15T ADDITION:
PAGE 14
MOTION by Councilman Breider to adopt Resolution #148-1972. Seconded by
Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared
the motion carried.
-1972 - AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL
INTO REGISTERED LAND SURVEY #38:
MOTION by Councilman Breider to adopt Resolution #149-1972. Seconded by
Councilman Mittelstadt Upon a voice vote, all ayes, Mayor Liebl declared
the motion carried.
�Gr �, :uy�:r� .r��`cer�a�yi�wri�rer�r:i�y��r�rr��tetiT�.79�M1:l11
0
MOTION by Councilman Breider to adopt Resolution #150-1972. Seconded by
Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared
the motion carried.
RESOLUTION k151-1972 - AUTHORIZING $ DIRECTING THE SPLITTING AND COMBINING
OF SPECIAL ASSESSMENTS ON LOTS 27-32, BLOCK T, RIVERVIEW H$IGHTS ADDITION:
MOTION by Councilman Breider to adopt Resolution #151-1972. Seconded by
Councilman Mrttelstadt. Upon a vozce vote, all ayes, Mayor Liebl declared
the motion carried.
RESOLUTION #152-1972 - AUTHORIZING $ DIRECTING THE SPLITTING OF SPECIAL
AS5ESSMENTS ON PART OF LOT 1, PARCEL 30: PART OF LOT 1. PARCEL 2D: LOT 2.
MOTION by Councilman Breider to adopt Resolution #152-1972. Seconded by
Councilman Mrttelstadt. Upon a voice vote, all ayes, Mayor Liebl declared
the motion carried.
RESOLUTION #153-1972 - AUTHORIZING �, DIRECTING THE SPLITTING OF SPECIAL
MOTION by Councilman Breider to adopt Resolution #153-1972, Seconded 6y
Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared
the motion carried.
CONSIDERATION OF REPORT ON RECODIFICATION
MOTION by Councilman Mittelstadt to print the City Code, and that $200D be
appropriated from the Reserve Fund and $100D be appropriated £rom Account
401.13 (Mayor F, Council Gontractual Services); that the low bid of Moline
Printing be accepted in the amount of $2875; and that a proo£ be reviewed by
the City Council for final consideration of the Code. Seconded by Council-
man Breider for discussion.
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REGiILAR COUNCIL MEETING OF DECEMBER 4, 1972
rJ f_ �
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PAGE 15
Councilman Breider sa7.d he wanted to make sure the Council got to go o�.�er
the Code again before it was printed. The City Attorney saidthe first and
secoad reading of the Ordinance can be done usiag printing proofs and any changes
can be made on these proo£s before the final printing,
THE VOTE UPON THE MOTION, being a voice vote, a11 ayes, Mayor Lieb1 declared the
motion carried.
CLAIMS:
MOTION by Councilman Mittelstadt to pay the claims as presented. Seconded by
Councilman Breider. Upon a voice vote, a11 ayes, Mayor Lieb1 declared the motion
carried.
LICENSES:
Genexal Contractor
Keho Construction Company
5801 Kemrich Drive
Edina, Minnesota By L1oyd W. Hoyer
Enghauser Construction Co.
2508 Tonkawa Trail
Minnetonka, Minnesota By; Kar1 K. Enghauser
Bauer The Builder
401 Penn Avenue South
Minneapolis, Minnesota
Masonry
By: Harland Bauer
Noxthside Concrete & Masonxy Inc.
7101 Ida6o Ave. North
Minneapolis, Minnesota gy Para1 Dalbec
Christmas Tree Lot
Bob's Produce Ranch
7620 Uaivexsity Ave. N.E.
Fridley, Minnesota By: Green Giant Home &
Garden Center
Approved By
Clarence Belisle
CLarence Belisle
Clarence Belisle
Clarence Belisle
Fire Insp
Fee
$110.00
MOTION by Councilman Bieider to appzove the licenses as presented. Seconded by
Councilman Starwalt. Upon a voice vote, all ayes, Mayor Liebl declared the
motion carried.
ESTSMATES:
Patch Erickson Madson & Hanson, Inc.
2801 Wayzata Boulevard
Minneapolis, Minnesota 55405
Pxinting Plans & Specifications - Fridley Liquor
Store. Dated November 28, 1972
$ 124.10
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REGULAR COUNCIL MEETING OF DECEMBER 4, 1972
Ha11, Smith, Juster, Feikema & Haskvitz
1050 Builders Exchange Building
Minneapolis, Minnesota 55402
Additional Attorney's Fees regarding Spring
Lake Park Suit & Brief Printing. Nov. 22, 1972
Richfield Bank & Trust Company
6625 Lyndale Avenue South
Richfield, Minnesota 55423
Annual Installment & Interest on Note Between
City of Fridley & Police Pension Association
Dated August 1, 1971 Principle $3600.00
Interest $ 585.50
Bury & Carlson, Inc.
6008 Wayzata Boulevard
Minneapolis, Minnesota 55416
EINAL Estimate ��5 for Street Improvement Pro�ect
St. 1970-3
progressive Contractors, Inc.
Box 368
Osseo, Minnesota 55369
PARTIAL Estimate ��6 for Street Improvement pro�ect
St. 1972-L
Nodland Associates, Inc.
Alexandria
Minnesota 56308
PARTIAL Estimate �'�9 for Sanitary Sewer, Storm Sewer &
Watermain Improvement Pro�ect �k102
PAGE 16
$ 1,512,30
4,185.50
5,000.00
43,240.85
31,093.38
The Council added Partial Estimate ik10 in the amount of $45,412.77 for Dunkley
Surfacing Company Inc., 3756 Grand Street N.E., Minneapolis, Minnesot� 55421,
for work done on Watermain, Sanrtary Sewer & Storm Sewer in Innsbruck �Iorth,
Pro�ect ��103, and corrected the addition on the estimate from the Richfield
Bank and 'Trust Company, 6625 Lyndale Ave. South, Richfield, Minnesota 55423
from $4,180 to $4,185. ($4,180,50 shown in Agenda)
MOTION by Councilman Mittelstadt to approve the estimates for payment with the
addition of the Dunkley Surfacxng Company and the correction to the Richfield
Bank & Trust Company estimate. Seconded by CounciLman Starwalt. Upon a Voice
vote, al1 ayes, Mayor Liebl declared the motion carried.
RESOLUTION ik154-1972 - AUTIIORI2ING THE CHANGING OF BUDGET APPROPRIATIONS WITHIN
THE GENERAL FUND {pRINTING CITY CODE)
MOTION by Councilman Mittels:adt to adopt Resolution �k154-1972. Seconded by
Councilman Starwalt, Upon a voice vote, a11 ayes, Mayor Liebl declared the
motion carried.
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kEGUI.AR COUNCIL MEETING OF DECEMBER 4, 1972
PAGE 17
� COMMUNICATIONS•
PETERSON AND KALTNA• REQUESTTNG SPLITTING OF PROPERTY FOR TAX AND ASSESS-
MENT PIIRPOSES:
Mx'. Douglas PeCerson addressed the Council and explaLned that he was representing
the estate of Emmy Riedel. He said the northwest poxtioa of their property was
sold to Dr. Richard ,T, Trezone in 1965 and the Wa11 Corporation has recently
bought the rest of the property. They are requesting that the property sold to
Dr. Trezone he sp11t for tax aad assessment purposes from the real property
purchased by the Wa11 Corporation. The City Attorney said he would recommend
tt�at when the Wall Corporation plats their land they plat it including the
Trezone property and indicate this as an outlot, This would help in that it
would not be necessary to have a long 1ega1 descnption and the property would
thea be split ia Lots and blocks. Mr. Peterson said he wouid 6e meetLng wLth
representatives of the Wa11 Corporation in the nexe week or so and he could con-
vey this to them at that time. The City Engineer said he felt the City should
receive some kind of letter back agreeing to thLS. He said the 1ega1 description
has a question on it, so this land should be platted. Mr. Peterson said he could
try to get something back to the Council by their next meeting. He said they
hoped to close the entire estate in January. The City Attorney stated that Che
Council could approve the split contingent on receivxng a letter from the Wall
Cozporation and Dr. Trezona, and if Mi. Peterson f�nds out anything d2fferent,
and not get the letters, he can bring this item back to the City Council at the
� next meeting.
MOTION by Councilman Breider to approve the special assessment split sub�ect to
receiving a letter from the Wall Corparatlon and Dr. Trezona indicating they will
plat the entire piece of properYy. Seconded by Councilman Mittelstadt, Upon a
voice vote, a11 ayes, Mayor Lieb1 declared the motion carried.
MRS LINDSTROM ANA MRS. SONNENBERG. GRATITUDE FOR ACTION TAI�N ON THEIR
PETITION•
MOTION by Councilman Mlttelstadt to receive the communication dated November 25,
1972. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl
declared the motion cairied.
FRIDLEY JAYCEERS, PERMISSION TO IISE CLASSROOM AND WAIUE FEE - UNDERPRIVILEGED
CHILDREN:
MOTION by Councilman StarW�1C to approve Che request for use of the Civic Center
Classroom on December 16, 1972 and waive Che fee, Seconded by Councilman
Rreider, Upon a voice vote, a11 ayes, Mayor Zieb1 decLared the motion carried.
ANOKA HENNEPIN SCHOOL DISTRZCT �kll REQUEST FOR NOMINEE FOR A CITIZENS
ADVISORY COMMITTEE
Mayoz Liebl said that this distrlct is north of 79th Avenue and suggested the
� person appointed should be sorteone from this neighborhood He requested that
the Third Ward Councilman contact someone to serve and submit the name to Yhe
School Board as soon as possible as they request the name of the nominee by
December 8, 1972. Councilman Mittelstadt agreed that he could submit a name to
the District ��11 School Board.
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REGULAR COIINCIL MEETSNG OF DECEMBER 4, 1972
PAGE 18
MOTION by Councilman greider to receive the commuaication dated November 29, '
1972, and authorLZe the Third Ward CounciLman, Donald Mittelstadt, to submit a
name to the School Board. Seconded by Councilman Starwalt. Upon a voice vote,
a11 ayes, Mayor Lieb1 declared the motion carried
ED WILMES NAMING OF ISLAND
Mayor Lieb1 wondered, if the Council has the rLght to name the island, should
Lhey conduct a contest or something to involve the public in naming it It was
pointed out that Mr Wilmes has suggested the name "Gi1 Hodges Island", who was
the former Manager of the Mets, None of the Council had any disagreement with
this name
MOTION by Couacilman Mittelstadt to name the unnamed island in the Island of
peace pro�ect "Gil Hodges Island" and that the C'tty Manager write to Mr. Wm
Aultfather, Director, Division of Lands and Forestry, Department of Natural
Resources and inform him we are submitting this name. Seconded by CounciLman
Starwalt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carrxed.
ELDON SCHNICDEKE (Continued from Visitors Sect�.on of Meeting)
Mr. Schmedeke said that he had not received the minutes of the Council Meeting in
which the Council deleted the circLe flow plan in Hyde Park. Councilman Mittel-
stadt explained that the circle flow plan had been terminated after he had made a
canvass of the neighbarhood and in recognition of two petitions which had been �
received. Mr. rlugglL saxd he was not canvassed. He said he did not lzve there,
bat he could receive mai1. Councilman Mittelstadt continued that the reason
behind this was because the Minnesota Highway Depattment did not give the Crty
the right of way that the Council in 1969 had planned on. The Administration
at the Highway Department has changed and there is no record of their agreeing
to givLng the right of way He said the City Engineer advised that the cost of
the pro�ect, wLthout that right of way, would amount to 2z to 3 times higher
This was considered on the Agenda of November 13, 1972 at which time 75 or 80
people from the area were present. No one ob�ected to the termination of the
plan & the motion passed.
Mr. Schmedeke felt that before the Council went ahead and adopted a resolution
and infozmed the HLghway Department they should have devised another alternate
to be considered. He asked i£ anyone had contacted Mr. Homer Ankrum on this,
as he had worked with Mr, Ankrum, and he was sure the Highway Department had
agreed to this. Mr. Schmedeke said that the one way was put in while he was out
of town and his property is now devalued He said he could understand the people
not wanting the high assessment, he did not want it either, but there should
have been an alternatLVe plan
Councilman Breider asked Mr. Schmedeke if he had any ideas on how the people
can work together with their indivLdual lots in the area so that they don`t end
up with isolated 40' lots, and so they could start warking toward some kind of
development Por the area. Mr. Schmedeke said he had some ideas on how the �
buildings could be built to the edge of the 1ot and common wa11s could �oin
buildings with the same style of motif
REGULAR COIINCIL MEETING OF DECEMBER 4, 1972
PAGE 19
� Mr. Schmedeke asked if the escrow the people had put up would be returned now.
He was Cold that iC would be. He felt it should have been held until the roadway
had been resolved. He said the Council had not given him a chance to offer his
suggestions, and he would not have treated them Ln that manner
The Citq 2',ttorney saLd that the Council mag have relied on his recommendations,
which were based on his concern about the 1ega1 problems of �ustifying the
assessments of the size they were talking about He said he felt he would have
been unable to convince a �ury that the property owners were receivzng benefLts
worth $2,000 on a 40' 1ot. He said that this does not mean this could not be
considered again or that other suggestions could not be considered if a ma�oz
concern came in or the Hlghway Department was convinced to change their
positLOns Councilman Starwalt said he had sat in the audience at the public
hearing under discusslon and he had the impression that as a group, the
people were happy wlth the decision made Mrs, Schmedeke said she could under-
stand why they dxd aot want an assessment like that They owned 7 lots which
would have meant an assessment of $14,000 for Chem She said that the pro�ect
should have been done right away rather than dragging on so long
Mr. Muggli pointed out that with the one way a truck has trouble backing up
into his shop. He also asked about the requlrements for being notified for a
public meet�ng. Tha City Attorney said there had been no legal requirement for
a dLSCUSSion regarding an area, but if there is an assessment to be made a
notice is mailed by Che Engineering Department or Assessor's Department He said
' he would presume Mr. Mugg1L had received notice when any 1ega1 action was Co be
Laken.
Mr. Schmedeke wanted to know if the Minnesota Highwaq Department had been notified
yet of the Council's action. The City Engineer said that they had been Mr.
Schmedeke said it appears that everything is cut and drled Counc�lman BreLdex
suggested that Mr. Schmedeke and the Planning Assistant get together and see
whaC theq could come up with as tentative proposals for the area, and maybe the
Council could get some negotiarions going.
ADJOURNMENT •
MOTION by Councilman Breider to ad�ourn the Regular Council Meet�ng of December
4, 1972 Seconded 6y Councilman Mittelstadt. Upon a voice vote, all voting aye,
Mayor Lieb1 declared the Meeting ad�ourned at 12 10 A.M.
Respectfully submitted,
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Mary Lu�Strom � grank G. Liebl
Acting Secretary to the City Council Mayor
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