10/19/1970 - 00018479„ a e�
s�
THE MINUTES OF THE REGULAR COUNCIL ME�TING OF OCTOSER 19, 1970
� PLEDGE OF ALLEGIANCE:
Mayor Kirkham lead the Council and audience in saying the Pledge of Allegiance
to the Flag.
Mayor Kirkham called the Regular Council Meeting of October 19, 1970 to order
at 7:50 P.M.
ROLL CALL:
MEMBERS PRESENT: Liebl, Harris, Breider, Sheridan, Kirkham
MEMBERS ABSENT: None
APPROVAL OE THE MINUTES OF THE REGULAR COUNCIL MEETING OF OCTOBER 5. 1970:
MOTION by Councilman Breider to adopt the Minutes of the Regular Council Meeting
of October 5, 1970. Seconded by Councilman Liebl. Upon a voice vote, all
voting aye, Mayor Kirkham declared the motion carried unanimously_
APPROVAL OF THE MINUTES OF THE SPECIAL PIIBLIC HEARING AND WORKSHOP MEETING
OF OCTOBER 13, 1970:
, MOTION by Councilman Harris to adopt the Minutes of the Special Public Hearing
and Workshop Meeting of October 13, 1970 as presented. Seconded by Councilman
Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion
carried unanimously.
ADOPTION OF AGENDA:
Mayor Kirkham said that the following items were to be added to the Agenda=
B. Under Communications: Civil ➢efense Director. Civil Disorder and Riot
Control Training.
C. Under Communications: N.S.S.S.D. Public Hearing October 27, 1970.
Add to Licenses= Food Establishment License for Skywood Snack Bar.
MOTION by Councilman Liebl to adopt the Agenda as amended. Seconded by
Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared
the motion carried unanimously.
VISITORS:
Mr. Larry Benson, Northern States Power
Mr. Larry Benson and Mr. John Ripsen were present to report on the inter£erence
there could be with the televisions from the 345 KV line. He has been advised
by their people that there will be no interference. If there was, it should be
� showing up now due to the reflection of the towers on the screens. If there
is any trouble, the people are to call NSP, and if they are at fault, they
will correct the situation. There was a verbal request submitted to Burlington
Northern for the temporary construction permit for the 115 KV line on their
right of way, and upon their request a written request was sent in. It will
.k�"i
REGULAR COUNCIL MEETING OF OCTOBER 19, 1970 PAGE 2
take about two weeks for a reply to be received. NLr. Ripsen has been dealing '
with Burlington Northern. Mr. Ripsen said that Burlington Northern will reply
in writing to NSP, whether they accept the proposal or deny a.t. He said that
he was optomistic that the reply will be affirmative. Mr. Benson said that
they could not energize the line as yet.
Councilman Breider asked about the magnetic interference such as a radio has
when it passes under an electrical line. Mr. Benson said that he did not know,
but they are expecting no problems. Councilman Breider asked how long it would
take to rectify it if there was interference. Mr. Benson said that it should
not take longer than a week Councilman Breider asked if there were any plans
to go into the neighborhood to see what interference there is now. Mr. Benson
said that there were no plans, but he could request it, and report back next
meeting. Councilman Breider said that he would appreciate it. He said that he
would not like to haggle afterward over trouhle with the lines, if it could be
avoided. He would like to know what the affect is. Councilman Sheridan said
that it might be well to go into another area where there is a 345 line in
operation to see if there is any interference experienced, both before and
after energizing the la.nes. Mr. Benson said that they have done this in other
areas with no problem.
Mr. James Gibson, Metropolitan Government
Mr. James Gibson said that he is a member of many organizations, but was speaking
tonight on behalf of himself and the citizens of Fridley. He asked that at the
earliest possible moment that the Council take a firm stand against Metropolitan '
government. He said that at a Chamber of Commerce meeting they had a repre-
sentative from the Metropolitan government give a talk. He was asked some
very simple questions, which he could not answer. He questioned why have men
in government to set tases that do not know what is going on. 2n 1958 and 1959
Mr Gibson said that he was Mayor of Moundsview and at that time the N.S.S.S.D.
was started. In 1960 they wanted to start a Metropolitan government. He said
that he was in Winnipeg, Canada where he did not talk to the mayor or councilmen,
but to the people in the subnrbs who told hun that their costs have doubled
since they got the Metropolitan government. This is due to a duplication of
services. The Metropolitan Sewer District says that the costs will not be more
than it is now. In 1969 his sewer bill was $7 per quarter and in 1971 it will
be about $31 per quarter. This is about 4 times the amount of 1969. This, he
did not think, was fiscal responsibility. There have to be tax dollars saved
where possible. He said that the Council must think about this and he would
encourage them to take a firm stand against any form of Metropolitan government
and he would encourage all the representatives to vote against any form of
Metro government.
Mr. Winston W. Sacobson, 121 79th Wav. Garbaqe Collection
Mr. Jacobson said that since the ban on burning, his rates have been raised
without any notification as to why. As he looks at the service, he said that
he had no ob�ection, but it seemed to him it was a costly operation to the
collection agencies because of the duplication of services. On his street there '
were three different companies picking up He recommended a thorough survey
to see if it was not possible to get better and more efPective service. He
thought that it would be possible to divide the Crty up into sections and let
bids, or possibly a City collection, although he said, he would not like to
see tha.s happen. He would not prefer a City system. He said that he hoped
that the City would consider this in the days to come.
6 i �'
_� ^
e�t`r
REGULAR COIINCIL MEETING OF OCTOBER 19� 1970
PAGE 3
� Mayor Kirkham informed Mr. Jacobson that about two years ago the Counca.l did
instruct the City Manager to conduct an extensive survey. This did not
mean that factors have not changed, but a survey has been done. Mr. Carl
Paulson said that he brought this same matter before Counca.l and they were
adamant that it should be left as it is. Councilman Breider asked what was the
name of his garbage collector. Mr. Sacobson said that it was Suburban Pickup,
although they have since changed their name. He said that his bill is $9 per
quarter. Councilman Breider said that this seems to be in line wrth what
others charge. Councilman Sheridan said that thexe wexe pxobably different
rates throughout the community. He said that he pays on a qearly rate and his
bill is $27 a year. Probably quarterly this would be $30.
Councilman Breider said that he would like to see the different schedule of
rates and asked the Acting City Manager to get the rates from the companies.
N1r. Paulson said that he was paying $9 per quarter, then chanqed companies and
is now paying $6 per quarter. Others have changed companies because of the
lower rate.
Dr. Akbar, 6745 East River Road, Retaining Wall of Rice Creek
Deterioratinq:
❑r. Akbar went to the blackboard and drew a picture o£ the relation of his home
to the Rice Creek dam on East River Road. He said that the side wall is cracking
' and he has talked to the City Engineer about this. He wondered what could be
done.
The City Engineer said that this problem has been brought to the Council
attention previously. There have been studies made and there is some data on
it. Locke Lake is a man made lake created by putting a.n planks against the old
culvert under the Anoka Cayuna Railroad tracks The structure of the dam is
not construction for this type of water pressure. The Rice Creek culvert is
30 - 40 years old, and is in need of repair. It is not adequate to take care
of the future flow of water coming through Rice Creek. One way of approaching
it would be to order in a pro7ect in this area and assess the benefits to the
property owners on Locke Lake. In a matter of time, the culvert will wash
away. He asked if the Council would like to take action now, or wait for the
Rice Creek Watershed District to fos'm. The wing wall is eroding away and this
is Dr. Akbar's concern. Dr. Akbar cannot solve the problem himself. He suggested
a public heaxing to get the views of the people on Locke Lake. He said that he
has a meeting scheduled with the Department of Water Conservation and he will
talk to them, in the hope that there could be some funds available. It is the
City's maintenance problem. He said that this was brought up in 1964, 1967 and
now. This man's problem cannot be solved easily. The peop].e should be apprised
of the possibility of losing the lake.
Councilman Liebl asked how much it would cost The City Engineer said that this
would depend on how much work is done. Sust to repair the culvert, perhaps
$5,000. The lake should be drained to see the extent of the damage. Councilman
� Liebl said that he did not think the lake has ever been drained. Mayor Kirkham
asked if the lake was not drained about 2 years ago. The City Engineer said
that they �ust lowered the level.
�,.
�'� ��
REGULAR COUNCIL MEETING DE OCTOBER 19, 1970 PAGE 4
Councilman Breider felt that there should be a public hearing, with the City �
Engineer working up some alternate solutions to present to the people. He
would like to see what the feeling of the people around the lake is. He said
that he would rather do this than make a temporary repair. The City Engineer
said that the cost would have to be assessed. He said that the existing
structure would have to be repaired. The water builds up and creates a great
deal of pressure. Councilman Breider asked if it would hold up when the ice
goes out in the spring. The City Engineer said that it was difficult to say.
It could last another four or five years, or it could go out tomorrow.
Councilman Sheridan suggested holding a public hearing the public hearing
meeting in December. The City Engineer said that this would give him time to
collect data and the Assessment Department to send out the notices.
MOTION by Councilman Breider to set the Public Hearing for the improvement
of the Rice Creek dam for December 14, 1970. Seconded by Councilman Liebl.
Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried
unanimously.
CONTINUATION OF PUBLIC HEARING ON 1971 BUDGET:
MOTION by Councilman Harris to continue the Public Hearing on the 1971 Budget
to the Meeting of November 2, 1970. Seconded by Councilman Breider. Upon a
voice vote, all voting aye, Mayor Kirkham declared the motion carried
unanimously.
ORDINANCE #468 - AN ORDINANCE PROHIBITING THE ➢ISPLAY OF ANY FLAG OF ANY '
COUNTRY IN WHICH THE UNITED STATES OF AMERICA IS ENGAGED IN ARMED CONFLICT AND
FURTHER PROHIBITING THE LOWERING OR REMOVING FROM ANY PUBLIC FLAGPOLE THE FLAG
OF THE UNITED STATES OF AMERICA;
Mayor Kirkham read the proposed Ordinance aloud for the benefit of the audience
and said that he understood that there were some people present that wished to
be heard.
Mr. Henry Peterson, 6312 Pierce Street N.E., of the American Legion, addressed
himself to Councilman Liebl and said that with ha.s publicity and false state-
ments about the Mayor of our City and asked how the City needed to be protected
from the municipal government; he wished to remind Councilman Liebl that he
was a part of that City government. He said that he taught citizenship for 12
years, and is proud to be wrapped up in his flag, and is present tonight for
this reason. He said that he wished to encourage support of this Ordinance,
and said that he did not know how Councilman Breider could even vote against
the Ordinance as it is to protect the flag of our country which men have given
their lives for. The Council can legislate against pollution etc. but when it
comes to something like this, it is passed off. He said that he did not think
that the residents needed any outside help, and asked that they keep the flag
flying.
Mr. George Hanson, 1476 Onondaga Street N.E. said that he did not want to sound �
unpatriotic in his comments because that is not the case. He said that the
second part of the Ordinance is good, but the first part could be considered
illegal He said that he understood that the Attorney General would not rule
on whether it was illegal or not. He wondered if it would not be wiser to post-
pone the vote until after elections. Another point the Ordinance raises is the
�� r �
REGULAR COUNCIL MEETING OF OCTOBER 19� 1970 PAGE 5
' portion about the armed conflict. Would this mean the hamc.aer and sickle or the
swastika? Now it would be directed toward the Viet Cong flag but that is not
a countsy. Mayor Kirkham said that the Ordinance states any government, state
or political force. Mr. Hanson asked if this would mean North Viet Nam, China
or Russia. Mayor Kirkham said that it is any country with which we are in
armed conflict with. We are not engaged in armed conflict with Russia or
North China. Mr. Hanson said that Ordinances such as this have been taken to
the Supreme Court and have been beaten. This costs tax payers money. Mayor
Kirkham said that this is why they asked for a xuling fxom the Attorney
General, if it passes on second reading, the Council can go back to the
Attorney General and say that it is now passed, and again request a ruling.
Mr. Hanson said that the City of Fridley has been very fortunate in that there
have been no incidents. He said that he was afraid of the reaction. IIe said that
he felt that somethinq should be done, but Fridley is reacting to somethinq that
happened in Minneapolis, now there may be another reaction with trouble makers
testing the Ordinance. Fridley does not have the Police force to cope with this.
It is a national flag, local governments do not want the big qovernments to step
into their business, yet this local government is attempting to pass a law that
is the busa.ness of the big government. He said that he was very fortunate
during the war to have visited about 40 countries. The only difference between
some of them was the dictator. Our flag represents more than that, it represents
liberty and freedom. Our government protects these rights. A flag represents
a conviction and if someone wants to support their conviction, that is their
� right under our constitution. He said that he did not want to sound unpatriotic,
but Councilman Breider and Councilman Liebl are attempting to defend these rights
and are perhaps more patriotic than those that would attempt to chain us down.
Mr. Carl Paulson said that the previous speaker would have government protecting
them for raising another flag. Why give them encouragement? He quoted from a
clipping from the Minneapolis Star where Councilman Liebl said that City
government is getting more and more oppressive. He wondered what was oppressive
about the City government. Councilman Liebl has said that when in Germany the
political scoundrels wrapped themselves in the flag of the country. He asked
if those in favor of the Ordinance are political scoundrels�
Councilman Liebl said that first he would like to say that there is no personal
animosity between the Mayor and himself. Mayor Kirkham fights for what he
believes in and Councilman Liebl said that he fights for what he believes in
He said that he has had some experiences in his life that other people have not.
He said that he does not appologize for voting against this Ordinance which in
his opinion only gives some people on this Council the golden opportunity to
show how patriotic they are. He said that he was opposed to any constitutional
short cuts on any level of government. He said that he did vote against an
Ordinance a few years ago that tried to tell the people of Fridley what type
of books they could read. This Ordinance passed 4 to 1, bu't it has never needed
to be used in the City of Fridley. He said that he resents it when someone
touches upon his integrity. He said that he was convinced that the aitizens
o£ Fridley know what was good for them and he believed that they are all
� responsible patriotic citizens, and that flag wavers are not needed in the
City of Eridley. The Council was not petrtioned for this Ordinance, the Mayor
brought it up. Ae said that he did not question the Mayor's patriotism. He
asked if anyone could tell him a name of one of their neighbors that would fa11
under this Ordinance. He said that he is for strong civil liberties, because
his liberties wese taken away when he was little, and he wants these liberties
REGULAR COUNCIL MEETING OF OCTOBER 19, 1970 PAGE 6
£or all the citiz.ens of Fridley. He said we do not have a need for that kind '
of Ordinance in the City of Fridley. There is a State law at the 5tate level
which makes it a crime for anyone to desecrate the flag. He said that there were
thousands in the country where he was born that were not allowed to go to church,
and it all started with a flag ordinance. The right to protect yourself is your
God given right under the constitution and let no flag waver take this away
from you. The people of Germany were sleeping and ended up with a police state.
He said that he resents any man who questions his loyalty or patriotism withovt
due cause. He said that he serves his community as a councilman and if the
people do not agree with his integrity, they can vote him out. He said that he
never intended it to be anything personal between him and the Mayor, but he has
convictions, and he will fight for his convictions. There is white, black and
yellow and the country must work to blend them together. He said that they
ought to legislate at this level what is good for Fridley. He said that he loves
his country and resents Mr. Peterson's insinuation. This country stands for
�ustice for all and this means that you have to give those that disagree with
you the same privelege. He said that he would appologize if anyone thought
that this was a personal vendetta against the Mayor, as this is not true.
Mayor Kirkham said that he accepted Councilman Liebl's appology.
Mr. Peterson said to Councilman Liebl that he said that he was not a flag
waver. Why do we have to wait until there is an incident before tl�ere is a law
passed? He said that he considered himself more patriotic than Councilman
Liebl. '
Mr. James Gibson said that he has been in three different countries; Japan,
Canada, and Mexico. He said that he was proud to have the U.S. flag on his
shoulder, and he is proud to salute his flag. The average person under 50
years of age does not realize what it means to be an American citizen until they
go to another country. He said that he sympathized with Councilman Liebl on
certain things, and he was sure that Councilmen Liebl and Breider were not
unpatriotic. He said that he reveres his flag and he was sure that Councilmen
Breider and Liebl did also. He said that he was not a flag waver, but he stood
squarely behind it.
A representative o� the American Legion said that he was in favor of the Ordi-
nance. He felt that it should be passed before there is an incident, not
after. He cited a case after World War II where another £lag was raised over
the United States flag in New York, and they were made to take it down because
it was unconstitutional.
Mr. Jacobson said that this concerns him more closely than some, because he
is a veteran of the Viet Nam conflict. He said that he felt that the more the
trouble makers were ignored, the quicker they would go away. He said that he
was sure that his neighbors would ob7ect were he to fly one of the flags he has
in hzs possessaon, one is a Buddist flag and another is South Viet Nam. He
said that as he looks at this Ordinance, he felt �hat the second part he could
agree with, but he thought that it could be rewritten so that only authorized
flags could be raised. He said that he had no great ob7ection to the Ordi- ,
nance.
A member of the audience said that this is a country of laws, not men. The
people should be protected from a powerful government. The people must be
free and he did not want this freedom taken �away without a Pight.
REGULAR COUNCIL MEETING OF OCTOBER 19� 1970
PAGE 7
� A member of the audience said that he would like to speak in favor o£ the
Ordinance. He said that he was in Korea, and that nobody had to tell him who
the enemy is. He said lets wave the flag, and be a leader among the
communities .
A representative from the Fridley Post V.F.W. said that they were 100� behind
Mayor Kirkham on this stand. He said that their department in the State of
Minnesota is behind hun. Mayor Kirkham has shown us the way.
Mayor Kirkham said that so there is no misunderstanding, he would have to admit
he is a flag waver, and has considered himself patriotic since he was a6out 11
and in the Boy Scouts. He said that he has thought £or some time that it was
obvious that sometha.ng had to be done to protect the flag. What finally
prompted him to write this Ordinance was the incident in Minneapolis where
some self avowed revolutionaries took it upon themselves to lower the American
flaq and raise the Viet Cong flag. This is the fcrce with which the United
States is engaged in armed conflict. There have been 47,000 lives spent in
protecting our flag and he cannot stand by and let what happened in Minneapolis
happen here. This is what was in his mind when he wrote the Ordinance. If
it passes on second reading the Council will again ask the Attorney Genesal to
rule on it. If it is proven unconstitutional, then it will not be published.
Mr. Bill Nee, 219 Loqan Parkway N.E. said that this matter has generated an
unfortunate amount of heat. He felt that there were problems with the
� constitutionality. It is unfortunate that this got entangled with politics and
to remove this connotation, he suggested that the Ordinance be laid over until
after the election.
A member of the audience asked Councilman Liebl if he thought that a person that
supported this Ordinance had a lot of national patriot.�sm. Councilman Liebl
said that he did not question Mayor Kixkham's patxiotism os national pside, and
has saod so all along. He said that what bothered him, was, why 7ust before an
election. Mayor Kirkham said that he brought this before the Council before he
was a candidate. Councilman Liebl said that he thought that the first part of
the Ordinance was unconstitutional and he swore an oath to protect the
Consta.tution of the IInited States.
Councilman Breider asked what was the penalty for a violation. The City
Attorney said $300 or 30 days in �ail. It would be a misdeamenor. Councilman
Breider asked what if somebody came to his home and attempted to remove ha.s
flag. The City Attorney said that he would be guilty of tresspassing, and if there
was trouble, it would be considered a breach of the peace. If there is any
action taken to desecrate the flaq he would be in va.olation of the State and
Federal law. He said that both the State and Federal law is more strict, and
they could get up to 5 years in 7ail. Councilman Breider asked who would be
assigned as the authorized person to raise and lower the flag. Mayor Kirkham
said that the C.�ty Manager designates a person for City Hall, and the schools
have their own designation.. The Fire Department is designated for City Hall.
Councilman Breider asked who would designate who the Una.ted States is in armed
� conflict wa.th. Mayor Kirkham felt this would be no problem; the newspapers are
full of it.
Councilman Sreider told Mr. Peterson that he is the Councilman of the First Ward
and he was sworn in to protect the people, and he has a responsibility to protect
the citizens of Fridley. He also has an obliqation toward the Police Departrnent
and the Council has to provide Ordinances that are enforceable. The City
, ; �,
'� L�
REGULAR COUNCIL MEETING OE OCTOBER 19, 1970 PAGE 8
Attorney has told him that there is a way to get a person arrested for removing ,
a flag without this Ordinance. He said that he would just as soon have the
enforcement be under the existing laws. He said that he could not understand
this Ordinance. This is why he is opposed to it. He said that as a Councilman,
he has to look at enforceability. This whole thing has been blown all out of
context.
Mr. A. Ohnstad, Stacy, Minnesota, said that it is interesting to note that the
three members of the Council that voted far the Ordinance are up for re-election.
The insinuation has been made that this move is for political gain. He suggested
that the finest thing the Council could do would be to pass this Ordinance and
let the voters make their choice. He said that he was in favor of the Ordinance
and felt that it was a wise move. He said tha't it was a viciou5 slur to suggest
that this Ordinance was for political gain.
Mr_. Paulson said that it seems to have become unpopular to show emotion concerning
the flag of this couritry. Fridley should stand up for their constitutional
rights, and it is no kind of freedom that allows shooting in the streets.
Mr. Hanson asked how can you pass an Ordinance that legislates morals or religion.
This is a matter of oonvictions, and this is a I.and of freedom o£ convictions.
He said that he would defend the people's right to think and say what they want.
Taking a flag down would not change any conviction, but would make those people
more rigid.
A member of the audience said that it has been stated that there are State �
and Federal laws governing this, so would this Ordinanc e cause more problems?
Councilman Sheridan said that there have been many views expressed this evening.
He said that he must admit that he did not realize that because he was up for
xe-election, that people might consider that he voted for this Ordinance as a
political gimic. He agreed with the suggestion made to lay this Ordinance over
until after the election, this would take away the political overtones that some
of the people feel are present. Mayor Kirkham said that he was sure that
people did not believe this. He pointed out that he introduced this Ordinance
beFore he became a candidate for Governor. He agreed with the gentleman from
out of town that suggested that the Council act on this tonight to qive the
people an idea of where they stand and qive them the right to get rid of them if
they wished.
Councilman Harris said that he, too, was sorry that this has been coristrued as
a political move. He said that he also has stories that he could relate con-
cerning when he was in the service of his country. He felt that this Ordinance
was necessary and added that if there were frouble makers they would be present
whether there is an Ordinance or not. He said that for him to ahange his vote
would be turning his back on his flag.
MOTION by Councilman Harris to adopt Ordinance #468 on second reading and order
that the publication be held until it is submitted to the Attorney General once
again £or his ruling on the constitutionality of the Ordinance. Seconded by '
Councilman Sheridan. Upon a roll call vote, Harris, Sheridan and Kirkham
voting aye, Liebl and Breider voting nay, Mayor Kirkham declared the motion
carried.
�
'
�
REGULAR CQUNCSL MEETING QF OCTOSER 19, 1970
RECESS:
Mayor Kirkham declared a recess from 9:20 to 9:40 P.M.
PAGE 9
� �_�
�� �>
RECEIVING THE MIPdiSTES OF THE FRIDLEY HUMAN RELATSONS MEETING OF SEPTEP9BER 24� 1970:
MOTION by Councilman Sheridan to receive the Minutes of the Fridley Human
Relations Committee meeting of Septembex 24, 1970, and the copy of the letter
dated October 5, 1970. Seconded by Councilman Breider with the comment that he
approved of the committee's action m dropping the inactive members. Upon a
voice vote, al1 voting aye, Mayor Kixkham declared the motion carried unanimously.
RECETVING THE MINUTES OF THE PARKS AND RECREATION MEETING OF SEPTEMBER 28� 1970 c
Councilman Liebl reminded the Council that the Parks and Recreation Commission
had requested a meeting with the Council concerning their budget. Mayor
Kirkham aaid that this meeting should be after the Council's budget meeting.
MOTION by Councilman Harxis to receive the Minutes of the P�xks and Recxeation
Commission Meeting o£ September 28, 1970. Seconded by Councilman Sheridan.
Upon a voice vote� all votinq aye, Mayor Kirkham declared the motion carried
unanimously.
RECEIVING THE MINUTES OF THE SOARD OF APPEALS MEETING OF OCTOBER 13, 1970c
A REOUEST FOR VARIANCES OF SECTION 45.134
CITY CODE, TO
SECTSON 45.134, 4C, FRIDLEY CITY CODE, TO R�DUCE THE REAR YARD SETIIACK
REQUSREMENT FROM 25 FEET TO 20 FEET, AND SECTION 45.135, lE, SUBPARAGRAPH
1� TO WAIVE THE NO PARKING IN THE FIRST 20 FE�T OF THE FR41VT YARD SETBACK
TO ALLOW THE CONSTRUCTION OF A RENTAL BUILDING ON THE WE5T 115 FEET OF
LOT 11, AUDITOR'S SUBDIVISION N0. 89, THE SAME BEING 7091 HIGHWAY
NO. 65 N.E., FRIDLEY� MINNESOTA. (REQUEST BY D.W. HARSTAD COMPANY, INC.,
7101 HIGHWAY NO. 65 N.E.� ERIDLEY, MINNESOTA.):
The City Engineer showed the Council the plot plan and said that the plan also
shows the location of the creek behind the building. The Board of Appeals
recommended approval. He said that Councilman Breider has shown some concern
a6out the creek frontage and he said that it was a point well taken. He has
indicated to the applicant that he wants to make sure the creek is kept clean
and the banks are protected. This property is located along T.H. #65 west of
Norton Avenue on the east side of the T.H. #65 service road. He said that Mr.
➢.W. Harstad and Mr. Dick Johnson were present to answer questions.
Councilman Harris asked where the present building is in relation to this
proposed building. Mr. Harstad said that the present building is to the north.
Councilman Aarr�s asked the area between structures. Mr. Aarstad replied about
96 feet. Councilman Harris said that he was concerned ahout having the parking
right beside the service road. It is only 30 feet to the service road. Mr.
Harstad came forwasd to the Council table for a discusszon o£ the plans. He
said that it was too low to,park in the back o£ the building. He said the
proposed building will match the present offices and Ma.nnesota Door. The rail-
xoad tracks axe dLrectly to the south. The City Engineer said that the glan was
eventually to continue the service drive south. He said that he has encouraged
him to prova.de o'ther parking to keep the building attractive. It is to be
office space and nicely landscaped. There is a walkout basement in the back,
_t��
REGULAR COUNCIL MEETING OF OCTOBER 19, 1970 PAGE 10
Mr. Harstad said that they were thinking in terms of having tenant parking '
somewhere else and the customer parking in the front. This is a long narrow
building and will be expensive to build. Councilman Liebl said that it appeaxs
that this is the only thing they can do with the property. He asked about the
treatment of the creek. Mr. Harstad said that they want to keep the creek
nice and have rt improved so that people could sit along the banks. This would
be for the benefit and en7oyment of the tenants. He added that this has been
expensive property because of all the assessments and taxes.
Councilman Harris suggested putting in angle parking and making one end ingress
and the other egress. Mr. Harstad said that with this plan, they would only
wind up with about 5 parking stalls. He said that he would prefer to keep the
90 degree parking, but they would be willing to take out a few stalls and put in
some landscaping. This would keep the building in line with the other buildings.
Councilman Harris said that then there would be backing out onto the servzce
drive. He suggested working with the City Engineer for improved parking. Mr.
Harstad commented that they plan on keeping the building.
The Crty Engineer suggested the following considerations be taken if approval is
granted.
l. Clean creek in area of building.
2. That there be no excessive material washing into the creek.
3. Development of bank for protection and if necessary rip rap the sides.
4. Work with the City Engineer to improve parking and landscaping.
MOTION by Councilman Liebl to approve the variances requested by Mr. Harstad ,
contingent upon the conditions of the City Engineer. Seconded by Councilman
Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the
motion carried unanimously.
Councilman Breider suggested that Nlr. Harstad talk to the neighbors as it concerns
the creek.
MOTION by Councilman Liebl to receive the Minutes of the Board of Appeals Meeting
of October 13, 1970. Seconded by Councilman Sheridan. Upon a voice vote, all
voting aye, Mayor Kirkham declared the motion carried unanunously.
REQUEST FOR A GARAGE PERMIT AT 147 63'� WAY BY WELDON HUMBLi
REGARDING THE ROAD PATTERN BETWEEN 63'� WAY AND 64TH WAY:
The City Engineer showed the area on the screen and said that this is a request
for a garaqe on 63=, Way. The gentleman submitting the proposal for the garage
has an easement on the east side of his property. In 1962 the City tried to get
these people together to develop some road pattern. The area is not fully
developed, and to make use of the property there would have to be a road through.
The concern now is that Mr. Humble wants to put in a garage and the question is,
should the garage face the easement or have a long driveway and face 63'� Way.
Mr. Harold Beck, 6430 East River Road, said that this proposal would cut some
of the property in half. He said that he did not want his property split and he ,
did not want to sell. He did not want a road 35 feet fxom his living room. He
said that his neighbors did not want the property split either.
� � I'
REGULAR COUNCIL MEETING OF OCTOBER 19� 1970 PAGE 11
� The City Engineex said that with taxes going higher and higher, he thought
that the people may want less property. This is up to them whether they want
the roadway or not. He tYied to eliminate the driveways exiting onto East
River Road as it is a dangerotxs road. If the people do not want to develop
this area, they are not forced to. In that case NLr. I3umble would have to build
his garage facing 63'� Way with a long ciriveway.
A member of the audience said that there is an easement at the south end of the
proposed roadway. He said that he would like to have that in so that he coul.d
use it, but he did not want the north portion o£ the roadway as he would lose
some of ha.s trees. The City Engineer said that the people would have to pay
for it through assessments. The development should be all or nathing. His
plan was to try to limit access onto East River Road, and get the access onto
a side road.
Mr. Anderson, 135 63'� Way, said that he lived next to Mr. Humble and he was
told that this was a seven year easement. The City Engineer said that he believed
that it states that the easement Would have to be used before 1975.
A member of the audience said that there were two property owners missing, but
those present do not want the proposed roadway. Councilman Hazris suggested
taking the road from the easement, and putting rt along East River Road as a
service drive. The people in attendance seemed to feel that this would be a
workable solution.
' MOTION by Councilman Harris to dixect the Administration to prepare plans with
the service drive paralleling East Itiver Road. The people are to be asked to
be in attendance when the plans are completed.
Councilman Sheridan brought up the question of Mr. Humble's garage. These long
range plans do not help him right now. If he were to front on the easement, how
long before there would be a hard surface? 2t was pointed out that it maybe two
years. Mr. Anderson asked who would pay far it and the City Engineer said that
the people abutting on it would pay for it. Mrs Anderson asked if the road were
to be built as a sesvice road to East River Road, how would the people on Lot 15
get access. The City Engineer saa.d that there would have to be another road.
Councilman Sheridan asked if the easement could be used as ingress and egress for
the proposed garage. The City Engineer said that unless a street is built,
the people would have a dirt problem. He thouqht that some Class V could be put
on it. Councilman Harris said that his thought was to implement a pro7ect.
Councilman Sheridan said that this does not help Mr. Humble xight now. If
there was going to be a project, there could be some Class V put in and he could
£ace his garage toward the easement and eliminate the 75 feet of driveway.
Counailman Harris said that he could see no reason for not doing that.
THE MOTION was seconded and upon a voice vote, all voting aye, Mayor ICirkham
declared the mota.on carried unanimously.
There followed a consultation at the Council table with Mr. Humble.
� MOTION by Councilman Liebl to approve the garage permit request by Mr. W. Humble
as requested facing south with the long dziveway. Seconded by Councilman Harris.
Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried
unanimously.
��
REGULAR COUNCIL MEETING OF OCTOBER 19� 1970 PAGE 12
RENEWAL OF TRAILER PERMIT (OCCUPIED) AT 1667 73RD AVENUE N.E. RE UESTED BY MRS. '
BYRD NORTON
MOTION by Councilman Harris to approve the permit request by Mrs. Byrd Norton
sub�ect to the applicant getting a state tag for the trailer. Seconded by
Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared
the motion carried unanimously.
RENEWAL OF TRAILER PERMIT (OFFICE) AT 7151 HIGHWAY #65. REQUESTED BY CASTLE
MOBILE HOMES�
MOTION by Councilman Harris to approve the trailer permit request by Castle
Mobile Homes. Seconded by Councilman Breider. Upon a voice vote, all voting
aye, Mayor Kirkham declared the motion carried unanimously.
CONSIDERATION OF CITY WIDE IMPROVEMENT HEARZNG5, 5TORM SEWER AND S.ANITARY SEWER:
Councilman Harris said that he had asked the legal staff for a report on the
possibility and legality of holding one public heara.ng Por the remainder of the
storm sewer districts. He felt that rt was foolish to conduct public hearings
for storm sewer on a monthly basis. The City Attorney said that the City cannot
bond, and there would still have to be an assessment hearing for each district.
It could not be bonded in advance. He said that in his opinion a court would
rule that a 10 year spread of the improvements would not be out of line.
Beyond 10 years could be considered too vague. If the actual improvement ,
figure was not double the estimated figure, it would st111 be a valid notice.
Councilman Harris said that this would be a program spread over a number of
years. The City Attorney said that when the assessment hearing would be held,
a more accurate figure could be given.
The City Engineer said that last year he presented an eight year storm sewer
program which basically outlined eight large stoxzn sewer districts still needing
improvement. He said that he would start collecta.ng data. He suggested that the
hearings could be held in two or three sections.
MOTION by Councilman Liebl to receive the information supplied by the City
Attorney in his letter dated October 5, 1970, and instruct the City Engineer to
start the preliminary plans for a City wide storm sewer public hearing.
Councilman Sheridan said that the Council could receive the �.nformation from the
City Engineer, then establish a policy as far as storm sewer is concerned. The
Council has said that the cost within any established area should not exceed a
certain dollar figure. It may be that a certain portion of the cost may have to
come from some general fund to keep at the same general rate.-
Mr. Richard Harris said that it seemed to him that the whole concept of storm
sewers should be looked at. He felt that there was a possibility of using the
existing pipe in the ground more effeciently. He felt that thexe should be
some consideration given to holding ponds, instead of trying to get rid of the '
water as soon as possible. He thought that this is a mistake, and may involve
the well supply. He felt that the water should be utilized. The Mississippi
River is the lowest it has been in 37 years. In the spring there are floods
and in the fall, drought. You cannot 7ust get rid of the water, you have to
use it. The City Enga.neer said that the problem is with the people that live
near these holding ponds. They usually are not in favor of it.
� �'
,Y
REGULAR COUNCIL MEETING OF OCTOBER 19, 1970 PAGE 13
� Councilman Harris suggested that there may be grants availal�le and could be
included as part of the proposal. Mr. Richard Harris said that conduit in the
ground in expensive and 900 of the time it is not used. He felt that the
people could be approached through their pocketbook.
THE MOTION was seconded and upon a voice vote, a11 voting aye, Mayor Kirkham
declared the motion carried unanimously.
REQUEST BY PARK CONSTRUCTION CO. FOR A MSNII3G PERMIT AND GAADING PERMIT ON A
PORTION OF LOT 10, AUDITOR'5 SUBDIVISION #22 (CHIES PROPERTY):
The City Engineer said that the Council has already approved the concept for
these ihree areas for development to one plan, and Park Construction Co. was
going to do the work, provide a bond and follow the grades proposed Since
then he has been trying to work with them, especially as concerns the Chies
proyerty. They are proposing to take care of only a small portion and request
a mining permit for that section, it is less than ; of the total property.
They are willing to give the City a bond. The idea when the Council approved
the concept was to get an overall plan completed for the area.
Mr. DeWayne Olson said that he was representing Mr. Ed Chies. He said that Les
Chies no longer has an interest in the land, and that it is Ed and John that he
has been dealing with. It is theix desire to establish the grades to meet the
City standards. He tialked to Dick Carlson of Park Construction. There has
� been no calculation made of how much excess materzal there is. They would like
to set up a prela.ma.nary development plan meeting the Crty requirements and grades
to determine what can be done. He thought that there may be 20,000 yards excess.
They would be meeting a 2 to 1 slope.
Councilman Sheridan said that it was news to the Council that Les Chies no
longer had an interest in the property. The Council has taken his work as his
bond, and they have found that they should not have. He asked if Park Construction
no longer has an interest. Mr. Olson said that they have an immediate need for
material. It would be about 250 of the Chies property that Park is interested in.
Mr. John Maliszewski, Engineer for Park Construction Co., said that he met with
the Engineering Assistant and the City Engineer. Mr. Carlson owns the abutting
property to the east. He was granted a permit to develop his property in regard
to the City overall plan. He has complied with that plan. He said that he
had made a map and passed it on to the Engineera.ng Assistant on what would be
done with the property to the west. He felt that the development should follow
from the east to the west. He said that he would follow the grades and leave
a.t in a presentable condition. It appears through his conversation with Chies
that Chies had furnished the City with a bond. At this time they would only
mine on the southeast side as it abuts the Carlson property as proposed by the
City of Fridley. The material would go into Meadowlands Park at this time.
They have no other place to use the dirt immediately. Immediately to the east,
the property is visably improved.
� Councilman Harris asked if they only want to take the excess fill out if they
have a place to put it. Mr. Maliszewski said yes. Councilman Harris said that
it seems that this becomes a constant extensa.on of tune. They were mining in
1965 in this area. Dirt is being taken only as the need anses. Mr. Maliszewski
said that Park has taken out dirt to meet the City grade.
REGULAR COUNCIL MEESING OF OCTOBER 19, 1970 PAGE 14
Nlr. Olson said that Ed Chies wants to get the bond released and get the property '
completed. The grades have been established on the part that Park wants to
excavate at the present time. Mr. Chies has a buyer for the property.
Councilman Sheridan questioned what position Park Construction is in with Les
Chies no longer in the picture. Is the contract with Ed Chies valid? NLr.
Maliszewski said that he believed it was. P7z. Olson said that Ed Chies told
him that the property has been transferred to Ed and John Chies. Councilman
Harris said that Park Construction has always done what they said that they would
do. He wondered if the City is being covered by the bond and how it reads. He
asked who is listed on the bond. The City Engineer said that Chies Brothers
Contractors Inc. is listed on the bond. Councilman Harris said that the City
must be protected and he would like the City Attorney to research this. He
asked if he could review it and report at the next meeting.
Mayor Kirkham asked how long rt would take to complete the pro�ect. Mr.
Maliszewski said about one week. He added that this would enhance the Park
property. Councilman Sheridan asked if there would be any removal from the
O'Bannon property and Mr. Maliszewski said no. Councilman Liebl said that he knew
that Park Construction is legitimate, but he would like to know who they were
dealing with now.
MOTION by Councilman Harris to table this item to the next Regular Council
Meeting to allow time for the City Attorney to review the documents. The
motion was seconded and upon a voice vote, all voting aye, Mayor I:irkham ,
declar�d the motion carried unanimously.
RECEIVING VALUATION REPORT - EAST RIVER ROAD LOUNGE: �
Councilman Harris commented that there is a correction to be made in that the
appraisal does not reflect the land transfer from N.S.S.S.➢. to the City of
1.31 acres. He added that the correct information has been given to the
bidders.
MOTION by Councilman Sheridan to receive the valuation report on the East
Rzver Road Lounge. Seconded by Councilman Liebl. Upon a voice vote, all
voting aye, Mayor Kirkham declared the motion carried unanimously.
RESOLUTION NO. 198-1970 - A RESOLUTION DESIGNATING CHSEF OF POLICE AS THE
OFFICIAL APPLICANT SIGNATOR FOR FUNDS FOR REFUNDING REQUESTS FOR THE MINNESOTA
POLICE OFFICER'S TRAINING BOARD:
MOTION by Councilman Liebl to adopt Resolution #198-1970. Seconded by Councilman
Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion
carried unanimously.
RESOLUTION NO. 199-1970 - A RESOLUTION CERTIFYING CHARGES TO THE COUNTY AUDSTOR
TO BE LEVIED AGAINST C�RTAIN PROPERTIES FOR COLLECTION WITH THE TAXE5 PAYABLE
IN 1971: (Bill from D.W. Harstad Co. Inc. for Soarding up the Building)
MOTION by Councilman Harris to adopt Resolution #199-1970. Seconded by Council- '
man Breider. IIpon a voice vote, all voting aye, Mayor Kirkham declared the
motion carried unanunously.
REGULAR COUNCIL MEETING OF OCTOBER 19, 1970
PAGE 15
u� �N
, RECEIVING BIDS AND AWARDING CONTRACT FOR SANITARY SEWER AND STORM SEWER PROJECT NO. 100:
�
,
�
�
�
+�
� �
� H
O
U
N
J� t7
N
s�i o
� z
�
�
�
�
roN
�
N O
+� z
�-i
a
�
+�
rt �+
�
H •
m o
� z
�
�
�
b
� �
a
� A�
�w u
�n
11
v
'U
�
�
�
N
�--I
w
�
�
.�
w
�
U
N
a
N
N
�
N
tr+
�
�
U
0
z
m
�
�
m
�
U
0
z
0
0
0
m
.. �
v -
�M
�
O
O
O
0
�
N
n
�
m
w
�
�
m m
w
P7
���
U
�
H
ui
� ro
m o
r-I M
U l0
O �
� Sa +�
�O 2J O
m m m
� k �
�d N f.
z° � �
m
�
�
Q
ri
N
U
O
N
ri
J� N
U •
��
��
a �
�� o
N o
U•
b W
N r�
q�
0
0
0
0
�• o
ro �
ro�
��
O
W
r
�
�
M
�
�
�n o
U
� �
� +� •
G+ � W
� b �
� c��
�i
N
�
ul
N
N
J�
O O
U • vi
q W �
o z �
� � �
U �
S�I N N
N � �
O .� Ai
� +� ro
l� N
X � q
t�6 `i .�i
a �n �
�
v
�
w
.�
U
N
m
N
�
O
O
V O
U O]
� m
A�
�
0
0
+i o
U O
R7 �
N ri
q�
0
0
m
�
.. �
ro �
��
O
�
m
�
C
r
�
�
m o
U
� �
� � •
Ga � P]
• }1 P7
m ro
5 c�7 �Ar,
�
�
m
�
U ifl
�
H
�
N N
N (1'
O C
U �
U �
� M O
N
vl k m
U � O
m
�Y
b
Q
�
N
u
O
�
�
.. p
11 O
U•
ro °
A�
�
.. o
t� o
U•
� o
N �
A �
0
0
0
0
.. o
v �
ro �
� �
O
�
�
N
O
O
N
�
O
U
� •
W .i 4q
N �
•oro
w Q �
�y ri
� O
ri
Ri �n
� N
O
U Q7
D rt
O N O
+� � v
?I `d .i
1� N �'.
O � �
U �O �
m w
J� O
.i ri
.3 � �
N
�
�
Q
�
�
U
ifl
N
N
O
�
N
�
�
vl
u,
�
0
m
m
m
W
N
�
v}
0
m
�
�
�
m
�
O
�
.�
n
O
�
�
�
N�
m o •
W U P7
o • ai
� � o��
O H �n
O
U N
ri
+� Q �
N 'O Ul
q N
�a°�
� � N
m q �
� U $
O � �
� � rt
G L4
3 �
W N vJ
�
�
�
Q
�
N
U
�
O
O
+1 O
U O
ro °
�
4 �
0
�o
+� �
U O
'd o
N `
A �
0
0
0
0
.o
Rs �
� �
O �
O
0
0
O
M
�
�
5
�
H p7
w �' `°
U � �
V �
� N
H d'
.�
• W �n
O •
u z
p� +� C
� v �
U } I 2,'
N +�
� '� r�i
N O
� � ro
*-i N
X � C
� n �
q m �,
T ry �
�_ ` �
REGULAR COUNCIL MEETING OF OCTOBER 19� 1970 PAGE 16
The Crty Engineer said that this pro7ect is in the southwest corner of Osborne �
Road and Central Avenue. It is to provide storm sewer and sanitary seWer.
The 1ow bidder was Dunkley Surfacing Co. The bid was within the estunates
given at the public hearing. His recommendation was to award to Dunkley
Surfacing Co. with Alternate #2 in the amount of $42,000. This is for truss
piping. The lump sum bid pnce included clay pipe and Alternate #1 was for
cast izon. Alternate #2 for truss pipe and Alternate #3 was for PCV piping.
He felt that the truss pipe would be better because of the high water table.
It is also cheaper.
MOTION by Councilman Harris to award the bid for Sanitary Sewer and Storm
Sewer Pro�ect '�100 to Dunkley Surfacing Co. Ine., in the amount of $42,000,00.
The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried unanunously.
Councilman Breider noted that the bid said it would be completed in 45
calendar days. He asked what was specified. The City Engineer said that there
is some hurry for the sanitary sewer, and it will be done before specified,
The City Engineer said that Mr. Harold Anderson of Anderson Trucking has asked
for a deletion of a portion of the sanitary sewer line, as they may not need
the service. The contract would then have to be negotiated with the contractor
to delete the work. It was put in at their request, now it seems they have
changed their mind.
Mr. Harold Anderson said that originally the line was to be put in to serve '
Lots l, 2, and 3. The lots have been slow to develop and it may be that the
line is not needed. Councilman Harris pointed out that if the line has to be
put in in the future, it will be much more costly than it would be now with
the pro7ect. Mr. Anderson said that he realized this, but would take the
chance. There followed a discussion at the Council table, resulting in Mr.
Anderson's wish that the contractor be instructed to delay this portion of
the line to allow him further time for evaluation.
Councilman Sheridan asked if Dunkleys had done sanitary sewer wDrk in Fridley
before, and the Crty Engineer said that they had.
RESOLUTION #200-1970 - A RESOLUTION ORDERING IMPROVEMENT AN➢ FINAL PLANS AND
SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF; STREET IMPROVEMENT PROJECT
ST. 1970-1, ADDENDUM #5•
MOTION by Councilman Liebl to adopt Resolution #200-1970, Seconded by Councilman
Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion
carried unanimously.
DISCUSSION REGARDING TRAFFIC SAFETY IMPROVEMENT ON EAST RIVER ROAD STREET
IMPROVEMENT PR07ECT ST. 1971-3:
The City Engineer said that the public hearing was held last Meeting for this
improvement. It seems that all the people are concexned for the safety on '
East River Road, but felt that there should be a better solution than the one
proposed. This was the fifth plan presented to the Council, Some of the
sections were modified to elimznate taking residences. He suggested that there
be a meeting with the School staff, then the Council could meet with the School
Board to see if there could not be some understanding reached. He did not
feel that the School Board had a full understanding nn what was proposed for
pedestrian safety.
�
��
REGULAR COUNCIL MEETING OF OCTOBER 19, 1970
PAGE 17
� Councilman Harris said that he was not in attendance at the public hearing
meeting, but has discussed the plan wi�h some of the people. He said that he
had some suggestions he would like to make before the Council passes on the
plan. He said that he hoped that some time could be set aside to go through
this again with the County. If the pro7ect is altered, the public could be
reinvited in.
Councilman Liebl aqreed they should try to meet with the School Soard. The
main ob7ection was the loop around Anna Street and south of the school property
The School ob7ected to giving up any of their land. This could be considered
a valid ob7ection. He wondered if this street could handle that much tra£fic.
He suggested that LaMaur and Downing Box and NLr. Filister could meet with the
School Board and the Council. He £elt that this last proposal is the best he
has seen. Mr. Filister raised the question if this road could handle the
traffic. The people on the west side of East Rz.ver Road felt that they would
like to keep their present environment. He said that the people questioned
whether safe�y or capacity was the ma�ox concern.
The City Engineex said that there was no question that safety was the pxime
concern. As he pointed out to the people 3/4 of the traffic is Fridley
generated. The proposal is to take care of the safety aspects. Bven now, the
traffic has slowed down because of the signals at I 694 and allows a break in
the line of traffic for the Georgetown people to get onto the road. He
pointed out that there could be no plan that makes everybody happy, there must
, be some that are inconvenienced. He said that due consideration should be
given to the comments made, but the plan cannot be compromised too much without
losing the integrity of the plan.
Councilman Sheridan said that he also had some suggestions to present. He
thought that the Counca.l should discuss this furthex befoxe meeting wa.th the
School Board. The City Enqineer said that he would like the meeting as soon as
possible so as to not hold up the pro�ect_ It has been worked on for a year
already.
CONSIDERATION OF CAANGE OP OWNERSHIP AND TYPE OF OPERATION FOR CASINO ROYALE.
Mr. Foster Whitfield, Sr., President of New Scene, Inc., was present and said
that they had an option to purchase Casino Royale, presently owned by Carl
Rostberg. They plan on operating a young adult club. The Acting City Manager
asked if there would be any beer. Mr. Whitfield said 7ust pop, and eventually
food. The Acting City Manager said that in that case all that he would need
would be a food license. Mr. Whitfield said that it would be a dance hall with
a dxop in center in the afternoons. The young yeople could come in the a£tex-
noons after school for cokes, play pool etc. There would be a charge when there
is a band for dancing. Councilman Harris asked if they would be monitored in
some way. Mr. Whitfield said that he planned on having an off duty police
officer on duty on the na.qhts there is dancing. The Acting City Manager said
that the Crty dancing license is tied in with the beer license, and if there
�.s �ust dancing, t'.here is not a license set up for this. Mr. Whitfield said
, that they would be open 6 days a week and closed Sunday. Councilman Liebl
asked if this would be strictly a teen age club and there would be no beer.
_ NLr. Whitfield said that is correct, the ages would be from 16 to 20. He
said that he would like written approval from the Council. He said that they
would be open Wednesday, Thursday, Friday, and Saturday late and the rest of
the nights until 9:00. This would be the first operation of this type in this
area. Thexe would be live music until 12:00 He said that he intended to
bring in name bands.
�, .
, '�.:
�_�� � I
REGULAR COUNCIL MEETING OF OCTOBER 19� 1970
PAGE 18
Councilman Liebl said that they would be investing a good deal of money into
this venture. There is no good place for the teen aqers to go in this area.
He said that he would like to see a high standard of program.
Councilman Harris asked who are the principals involved in this venture. Mr.
Whitfield said that he was the President of New Scene, Jeff Light, Vice President,
and Mark Mauseth Secretary Treasurer. He said that he and Nlr. Mauseth live a.n
Minneapolis and Mr. Light lives in Mound. Councilman Harris asked if they were
the financiers also. Mr. Whitfield said yes, with some additional outside
help. fIe said that he was formerly a stock broker. Councilman Harris asked if
this would be their gainful employment, or if they would be working other �obs
a1so. Mr. Wnitfield answered that this would be their gainful employment.
Mayor Kirkham commented that Mr. Rostberg tried many Ways to make this a
profitable operation, but he was not successful. He raised a doubt that this
one would be either, but commented that tha.s is their concern.
There was some discussion on the method of granting the license, since the City
does not have a catagory of this type. The City Attorney suggested that the
applicants write a written request to the City Manager stating all the terms,
including that they will have their dances monitored by an off duty police
officer, hours for operation, adn all pertinent data. Then the Council could
act on this request at the November 2, 1970 Meeting. Mayor Kirkham informed
Mr. Whitfield that at that Meeting, the item would be under Old Business,
so they would not have to wait so long.
CLAIMS•
MOTION by Councilman Breider to approve payment of General Claims #23240 through
#23362 and Liquor Claims #4895 thxough #4957. Seconded by Councilman Liebl.
Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried
unanimously.
LICENSES:
Vending Machine
Fridley Auction
7500 University Avenue N.E.
Fridley, Minnesota
Cigarette
Fridley Auction
7500 University Avenue N.E,
Fridley, Minnesota
Masonry
H.C. Wager Company, Inc.
5940 Stinson Boulevard N.E,
Fridley, Minnesota
By: Gold Medal Severage Co
By: Cyril Link
By. H.C. Wager
Approved By
Health Inspector
Police Chief
Bu�lding Inspector
'
1
,
/ �
�� F��
REGULAR COUNCIZ MEETING OF OCTOBER 19� 1970 PAGE 19
� LICENSES CONTINUED:
General Contractor Approvecl By.
Johnson Building Mart
4803 Nicollet Avenue South
Minneapolis, Minnesota By: Carl Johnson Building Inspector
Minnetonka Pool Company
10820 Wayzata Soulevaxd
Minnetonka, Minnesota By: Norm Larsen Building Inspector
Pools, Incorporated
229 West 6�th Street
Minneapolis, Minnesota Ey: James Day Building Inspector
Multiple Dwellings
Name Address Units Fee
W.A. Mechels
155 97th Avenue N.E.
Ma.nneapolis, Ma.nn. 351 74th Ave. N.�. 11 $11.00
� Arnold Elmquist
5860 East River Road
Fridley, Minn. 6417 Highway 65 8 10.00
Lynde Investment Co.
2700 Raleigh Ave. So.
Minneapolis, Minn. 910 Lynde Drive 11 11.00
Raleigh Investment Co.
2700 Raleigh Ave. So.
Minneapolis, Minn. 950 Lynde Drive 11 11.00
Lynde Investment Co.
2700 Raleigh Ave. So.
Minneapolis, Minn. 990 Lynde Drive 11 11.00
A.T. Gearman
Pine Tree Lake Road
White Bear, Minn. 5650 Polk St. 32 32.00
William L. Zaier, Jr.
6723 Overton Drive
Fridley, Minnesota 6550 Central Ave. N.E. 4 10.00
William L. Zaier, Jx.
' 6723 Overton Drive
Fridley� Minnesota 5761 2nd St. N.E. 3 lO.OD
MOTION by Councilman Harris to appro�re the Poregoing licenses. Seconded by
Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared
the motion carried unanimously.
r,
����
REGULAR COUNCIL MEETING DF OCTOBER 19, 1970
LICENSES CONTINUED:
Food Establlshment
Skywood Snack Bar
5207 Central Avenue N.E.
Fridley, Minnesota
Colonial House Restaurant
6215 Unzversity Avenue N.E.
Fridley, Minnesota
By: Richard H. Aldrich
By Eeverly Mattson
PAGE 20
MOTION by Councilman Sheridan to approve the foregoing licenses sub7ect to
their complying with the stipulations the Health Officer stated as grounds for
approval. Seconded by Councilman Lieb1. Upon a voice vote, all voting aye,
Mayor Kirkham declared the motion carried unanimously.
ESTIMATES:
Appraisal Engineering Hureau, Inc.
4150 Central Avenue N.E.
Minneapolis, Minnesota 55421
Appraisal report, Fridley Lounge, 3710 East Ittver
Road
C.S. McCrossan, Inc.
Box 336
Osseo, Minnesota 55369
PARTIAL Estimate #1 for work in progress and
completed re: Sanitary Sewer & Water Improvement
Pro�ect #93, D,M. Noyes Constxuction, Home Owners
Insurance Company
Comstock & Davis, Inc.
Consulting Engineers
1446 County Road "J"
Minneapolis, Minnesota 55432
FINAL Estimate #2 for £urnishing Professional
Engineering Services for planning Water Improvement
Pro�ect #95
Comstock & Davis, Inc.
Consulting Engineers
1446 County Road "S"
Minneapolis, Minnesota 55432
OVERPAYMENT OF ESTIMATES
FINAL Estimate #2, Water Improvement
Pro�ect #95, Schedule A-3 ($172.73)
$ 500.00
$16,121.25
$ 464.48
'
'
'
'
'
�
REGULAR COUNCIL MEETING OF OCTOBER 19, 1970
ESTIMATES CONTINUED.
FINAL Estimate #2� Water Smprovement
Pro�ect #95, Schedule E & F
FINAL Estimate #2, Water Improvement
Project #95, Schedule A-1
Berglund-JOhnson, Inc.
Excelsior, Minnesota 55331
PARTIAL Estimate #4, Water Improvement
Pro7ect #95, Schedule B
Comstock & DaVis, Inc.
Consulting Engineers
1446 County Road "J"
Minneapolis, Minnesota 55432
($ 91.79)
($294.08)
For the fuxnishing of resident inspection
and resident supervision for the staking
out of the construction work of the
following:
PARTIAL Estimate #5, y7ater Improvement Pro�ect
#95, Schedule B from Aug. 31, 1970 through Sept.
26, 1970
PARTIZaL Estimate #11, Sanitary Sewer & Watex
Improvement Pro�ect #93 from Aug. 31, 1970
through Sept. 26, 1970
PARTIAL Sstimate #11, Water Improvement Pro�ect
#94 from Aug. 31, 1970 through Sept. 26, 1970
PARTIAL Est�.mate #12, Water Improvement Pro�ect
#94 from Aug. 31� 1970 thxough Sept. 26, 1970
MOTION by Councilman Sheridan to approve payment of the estimates
Seconded by Coiu'icilman Breider. Upon a voice vote, all voting aye
Kirkham declared the motion carried unanimously.
COMMUNICATIONS-
PAGE 21
5118,152.00
$ 1,492.81
$ 1,399.44
$ 7.92
$ 15.84
as presented.
, Mayor
A. INTERI�ATIONAL ASSOC. OF FIRE F7.GHTERS, LOCAL iW1986: REQUEST TO BE
FQRMALLY RECOGNIZED
MOTION by Councilman Liebl to receive the communication from the International
Association of Fire Fa.ghters dated September 27, 1970. Seconded by Councilman
Shexidan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion
carried unanimously.
� ; �,
4 �t i
t � ��
REGULAR COUNCIL MEETING OF OCTOBER 19, 1970 PAGE 22
B. CIVIL DEFENSE DIRECTOR: CIVIL DISORDER AND RIOT CONTROL TRAINING ,
MOTION by Councilman Sheridan to accept and approve the recommendation of the
Civil Defense Director as outlined in his memorandum of October 16, 1970.
Seconded by Councilman Lzebl, Upon a voice vote, alI votinq aye, Mayor
Kirkham declared the motion carried unanimously.
Mayor Kirkham pointed out that it is necessary that a man be nominated and he
so nominated Lt. Howard itick as recommended, to attend the school November
15, 1970.
MOTION by Councilman Liebl to concur with the nomination of I,t. Howard Rick.
Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor
Kirki-iam declared the motion carried unanimously.
C. N.S.S.S.D : PUBLIC HEARING OCTOBER 27, 1970
Councilman Harris reported that there is to be a public hearing by the N.S.S.S.D.
October 27th at 7:30 P.M. concerning the downward revision o£ use charges. It
is his feeling that there should be a 0 balance at the t5.me of the takeover
by the Metropolitan Sewer Board. This would mean that there would be no use
charges for the third and fourth quarter, He suggested that any Council member
that could, should be in attendance. Mayor Kirkham asked the Acting City
Manager to go, along with anyone else that could attend. Councilman Harsis
said that he has had some further discussions with Joe Cook and they are taking '
a less strenuous stand and he fe�t that there may be room for some negotia'tion,
and that it can be amiably worked out.
GEORGE BALTHAZOR, 1374 HIGHWAY #100:
Councilman Sheridan said that he recently received a call from Nlr. George
Balthazor asking him what he thought the Council reaction would be to his
asking for a rezoning. Councilman Sheridan said that he told Ms. Balthazor
his opinion, then he asked if he could get an extension of time on his special
use permit granted about li years ago. Councilman Sheridan told Mr. Balthazor
that he would place it before Council. He said that he seemed to be concerned
about the administrative charge for the publications. This is the case where
there are three families in a double bungalow. Councilman Harris said that he
thought that Mr. Balthazor agreed with the Council when the Council extended
the special use permit to January 1, 1971. Councilman Sheridan said that he
had told Mr. Balthazor to call him later in the week after he brought up his
question at the Council meeting. If a rezoning is asked for, the people in the
neighborhood would be up here in force and if there was an extension of time on
the special use permit there should be a public hearing and the people would
sti11 ob�ect as it would be, in effect, a temporary rezon.tng. He said that he
thought that the Council was lenient with him in the first place. Councilman
Harris said that he was sympathetic with him at first because he thought that
he �ust needed some more time, and that he had a solution to his problems, but
it would 7ust take a little more time. Councilman 5heridan said that he would
be in a better ta�c bracket to sell if he could wast, This is what he told the '
Council last tzme, and he was given an extension.
It was agreed by the Council that Councilman Sheridan could report to Mr.
Balthazor that the Council would not act favorably on his request.
,
�
�
REGIILAR COUNCIL MEETING OF OCTOBER 19, 1970
BY CIVIL SERVICE COMMI5SION FOR MEETING:
PAGE 23
Councilman Sheridan reported that he had received a call from a member of the
Civil Service Commission requesting a meeting with the Council concerning the
new pos�.tions within thz Police Department. Ae said that ha told them that
the Council would be willinq to meet with them toward the end of November or
December after the budgetting was done.
ADJOURNMENT:
MOTION by Councilman Harris to ad�ourn. Seconded by Councilman Liebl. Upon a
voice vote, all voting aye, Mayor Kirkham declared the Regular Council bteeting
of October 19, 1970 ad7ourned at 12:15 A.M.
Respectfully subma.tted,
C�.c�'� �'``�.�-�
Juel Mercer
Secretary to the City Council
Jack O. Kirkham
Mayor
E
'i��