10/04/1971 - 000178764�r
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� THE MINUTES OF THE REGULAR COUNCIL MEETING OF OCTOBER 4, 1971
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PLEDGE OF ALLEGIANCE:
Mayor Kirkham led the Council and the audience in saying the Pledge of
Allegiance to the Flag.
INVOCATION:
In the absence of a representative of the Ministerial Association, Mayox
Kirkham offered the Invocation.
Mayor Kirkham called the Regular Council Meeting of October 4, 1971 to order
at 7:45 P.M.
ROLL CALL.
MEMBER5 PRESENT: Kelshaw, Kirkham, Liebl
NIEMBERS ABSENT: Harris, Breider
APPROVAL OF THE MINUTES OF THE SPECSAL PUBLIC HEARING ME�TING OF SEPTEMBER
13, 1971:
� MOTION by Councilman Liebl to adopt the Minutes of the Special Public Hearing
Meeting of Septeml�er 13, 1971 as presented. Seconded by Councilman Kelshaw.
Upon a voice,vote, all ayes, Mayor Kirkham declared the motion carried.
APPROVAL OF THE MINUTES OF THE REGULAR COUNCIL MEETING OF SEPTEMBER 20� 1971:
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MOTION by Councilman Kelshaw to adopt the Minutes of the Regular Council
Meeting of September 20, 1971 as submitted Seconded by Councilman Liebl.
Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried•
APPROVAL OF THE CANVASS OF VOTES MEETING MINUTES OF SEPTEMBER 29, 1971,
FOR THE PRIMARY ELECTION SEPTEMBER 28, 1971
MOTION by Councilman Kelshaw to adopt the Minutes of the Canvass o£ Votes
Meeting of September 29, 1971 for the primary election Septemkaer 28, 1971.
Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham
declared the motion carried.
ADOPTION OF AGENDA:
Mayor Kixkham said there was one item to add as follows:
5A. Request by Naegele's for a double faced sign at 6031 University Avenue.
� MOTION by Councilman Kelshaw to adopt the Agenda as amended. Seconded by
Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the
motion carried.
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REGULAR COUNCIL h1EETING OF OCTOBER 4, 1971
VISITORS:
Mr. Sim Gibson, Proposed Dance Ordinance:
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Mr. Gibson said at the last Council Meeting there was an ordinance to
regulate public dances proposed. Councilman Liebl moved to table this
ordinance indefinitely. He said he had not had a chance to talk to Council-
man Liebl yet, but he thought not passing this ordinance is tying the hands
o£ the City Managex and the Chief of Police. Thas ordinance is almost
identical to the State Statutes except for minor changes, one being that
instead of the Polzce Department on duty taking care of any situations that
may occur, the person holdinq the dance would stand the cost of hiring a
police officer. He would like to ask that Councilman Liebl remove this
item from the table, and would encourage passage of the ordinance so there
would be effective enforcement by the City of Fridley rather than using the
State Statutes. He pointed out that since Councilman Liebl made the motion,
he will have to bring this item back l�efore the Council.
Councilman Liebl said there were two similar ordinances considered at the last
meeting. One passed unanimously and was auned at controlling gatherings
such as rock festivals, the other was to regulate any public dance. Before
this is discussed further, he said he would like to have a full Council
present, and asked that it be put back on the next regular Agenda. He said
he had a valid reason for his motion. He felt that it would hurt the small
businessman by requiring another $100 license.
Viewcon: Reauest for Buildincr Permits for Townhouses:
Mr. Dick Schieffer, Attorney for Viewcon, said that the 20th of September the
Council awarded the bid for the sewer and water construction work on the
Viewcon pro�ect, but part of the contract was deleted. He believed this
might reflect a problem in gatting access from the east from New Brzghton.
The pro�ect covers quite a large acreage and it is necessary to have access
from several points. There is still quite a bit of work yet to be done, and
he has found that the Administration feels that since the sewer and water
construction in the townhouse area has been deleted, it would be unproper to
issue the building permits for them. He said they do need to begin construc-
tion before the freeze. The whole problem stems from the access problem with
New Brighton, and they are working very hard to get this resolved. New
Brighton has denied the roadway construction using their excavation ordinance
as authority and it is going into District Court, so now they have to let
the courts decide. He said he was very sure the courts would decide in their
favor, although, of course, the result of the litigation is open. He did not
feel that their access to the east for this pro7ect could be denied. He said
Viewcon feels that they have met all the requirements of the New Brighton
excavation ordinance. He said thep would like very much to build this fall
before the freeze, and they have construction material to bring in £rom the
New Brighton side. He said he would like to ask Por Council direction in
regard to the building permits for the townhouses. It is takinq much longer
to negotiate for the roadway with New Brighton than expected, but they hope
to have it settled very soon.
Mayor Kirkham asked how many building permits they are asking for. Mr. Chuck
Van �eckhout said the first phase of the townhouse is 100 units. How many
building permits they will need in the next three or four months is difficult
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REGULAR CO[TNCIL MEETING OF OCTOBER 4, 1971
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� to say, but he would guess less than 50. Mayor Kirkham asked what the agree-
ment with Viewcon stated. Mx. Van Eeckhout said that the agreement stated
that the road was to be started sunultaneously with the multiple units, but
the road would not have to be finished until the units were finished and ready
to be occupied. He said he felt Viewcon could comply with that requirement,
and that the roadway could be completed before the units would be occupied.
The City Attorney pointed out that the agreement provided that they post a
completion bond on the roadway and Mr. Van Eeckhout said they would do that.
The City Attorney asked if New Brighton indicated that they would approve a
roadway going to Silver Lake Road over a certain course, would Viewcon be
willing to accept that, provided that road provided a reasonable access, and
would Viewcon pay the cost. Mr. Van Eeckhout said they have offexed in two
letters to New Brighton to accept any roadway alignment that provided reason-
able access. The location of the road now represents a 100% petition, if
the alignment was changed this may not be true. By New Brighton's ordinance,
there has to be a 50o petition, and if the roadway was changed there would have
to be special assessments levied for that road. Viewcon has qot offered to
pa.ck up the assessments where the improvement is not entirely on their pro-
perty, but where it is, they will. Mayor Kirkham said that he would hate to
do anything to �eopardize Eridley's relations with New Brighton, but he also
wanted to live up to the agreement made with Viewcon.
The City Attorney said they could grant Viewcon's request prov�ided that they
� understand perfectly that Fridley requires a satisfactory exit to the east and
if they proceed with the construction, the City will not perma.t occupancy
until the access is availaHle. Viewcon would be assuming a considerable risk.
Fridley's agreement with them states they should dedicate a perpetual easement,
they can do this and have agreed to post a completion bond. He wanted to
make very clear the risk they would be taking, in case they could not get a
court order, or if they could not reach an agreement with New Brighton. With
those things in mind, the Council could grant a limrted amount of building
permits far the multiple units,
The City Engineer said the City Council has already authorized issuance of some
building permits for the townhouses, but because of the concern in regard to
the access, they were withheld by the City Administration. If the Council so
desires, the permits can be issued. He said they do have the easement documents
and Viewcon has indicated that they will be able to supply the City wrth a bond.
He said he too wanted to stress the point that the agreement states that the
roadway must be completed before the townhouse units can be occupied. If
Viewcon feels they can make the access available, the permits can be issued,
with their understanding of the risk they are taking.
Councilman Liebl said that before the street can go in, the utilities must be
in. The City Attorney said the utilrties are coming in Prom the Fridley side,
and they can be qotten in wrthout the road into New Brighton. He added that
access from the east was a condition for rezoning and plan approval.
� MOTION by Councilman Kelshaw to grant permission for the issuance of building
permits £or 40a of the first phase of the townhouse development for Viewcon,
with the clear understanding by Viewcon that construction can commence, but
occupancy of the townhouses cannot be grantecl until the roadway into New
Brighton is completed. Seconded by Councilman Liebl.
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REGULAR COUNCIL MEETING OF OCTOBER 4, 1971
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Mr. Van Eeckhout said that there were six townhouse units per building, and �
40% would give them about 7 buildings. He added they had sold eight units
already, Councilman Kelshaw asked if they were satisfied with 40e and Mr.
Van Eeckhout said yes.
THE VOTE upon the motion, being a voice vote, all ayes, Mayor Kirkham declaxed
the motion carried.
Councilman Liebl asked that the Crty Attorney be notified as soon as there is
any action taken in regard to the roadway. The people were told at the rezoning
hearing that the road would be on Viewcon's land and there would not be the
traffic on their roads. Mr. Van Eeckhout said they were very concerned about
the balance of the utilities. They are going to have to be put in no matter
what the land is used for. If Fridley £eels it is desirable to extend the
courtesy to their neighbor and not award the rest o£ the utilrty award, he
would ask that the balance be awarded at least befoxe the year zs out. The
City Engineer said, as the Council will recall, they wrthheld that poxtion
to be built within the townhouse and multiple area. If they are holding that
section, he did not see any sense in giving building permits if the utilities
are not available. Since the Council wishes to give out the building permits,
then the utilities wzll have to be put in. He suggested that that portion of
the contract be considered at the next regular meetzng and in the meantime, the
City Administration would again talk to New Brighton. Mr. Van Eeckhout said
that a two week delay was all right with them. The City Engineer asked that
Va.ewcon submit their request in writing.
CONTINUED PUBLIC HEARING ON 1972 BUDGET:
MOTION by Councilman Liebl to continue the public hearing on the 1972 budget
to the meeting of October 18, 1971. Seconded by Councilman Kelshaw. [7pon a
voice vote, all ayes, Mayor Kirkham declared the motion carried.
CONTINUED PUBLIC HEARING ON ASSESSMENT FOR STREET INIPROVEMENT PROSECT ST.
1970-1: (SIDEWALK ON OSBORNE ROAD FROM STH STREET TO T.H. #65)
The City Enga.neer said this work involved installing a sidewalk on Osborne
Road from 5th Street to the shopping center area by T.H. #65. The worlc was
done as the City felt there was a need for the sidewalks in this area. Mayor
Kirkham asked if there was anyone present to speak on this assessment, with
no response.
MOTION by Councilman Liebl to close the public hearzng on the assessment roll
for Street Improvement Pro�ect St. 1970-1 (Sidewalk on Osborne Road from 5th
Street to T.H. #65). Seconded by Councilman Kelshaw. Upon a voice vote, all
ayes, Mayor Kirkham declared the motion carried.
PUBLIC HEARING ON REZONING REQUEST SY DONALD W. REESE (ZOA #71-06) TO REZONE
FROM R-1 TO R-2 (DOUBLE BUNGALOW) F1REA GENERALLY LOCATED ON THE S.E. CORNER OF
CENTRAL AV�NUE AND 69TH AVENUE:
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Mayor Kirkham read the public hearing notice and the City Engineer showed the �
area on the overhead pro7ector, and said this location is on the southeast
corner of Central Avenue and 69th Avenue. The discussion by the Planning
Commission is a.n the Agenda and their recommendation is for denial. The
applicant requested this public hearing.
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REGULAR COUNCIL MEETING OF OCTOBER 4, 1971 PAGE 5
� Mr. Blaire Edmundson, 10152 Sutternut St. N.W., Coon Rapids, said he rep-
resented the seller. Mrs. Anderson is selling the property, because since
1967, she is a widow and has tried to sell the property as the taxe5 are
high and the property is not producing. With industrial property across the
street the property did not move. He pointed out there was also some
commercial to the west, maka.ng this an undesirable location for a single
family residence. Under these circumstances, he said they feel that a double
bungalow would be the best use, with residential to the east and south of
them. He pointed out there was heavy traffic on Central Avenue and 69th
Avenue. The taxes on this piece of property have been $530, including assess-
ments and this is too much of a burden to her.
Councilman Liebl said that he believed Lots 17, 18, 19, and 20 to the east
were residential lots, and asked what was on the lots west of there, across
Central Avenue. Mr. Edmundson said he was correct about the lots to the east
and said the lots across the street to the west were owned by Medtronics and
are presently zoned residential. He added that to the north is Onans and
to the south, the creek, wa.th one residential lot in between.
Mrs. Sharon Baker, said she was representing both the buyer and the seller in
this issue. They felt this would be the best usage of the property in order
to dispose of it, The doable bungalow would be in the $40,000 bracket, and
would be a very unique building. She said a$40,000 double bungalow would be
about equal to two $25,000 homes. She said this double bungalow would
� represent an increase in taxes received by the City of Fridley and that the
$530 in taxes and assessments is a burden that Mrs. Anderson can no longes
bear. She felt this would be an improvement to the area and would open it up
for more development.
Councilman Liebl said that before the Council commits itself, they must
consider the whole area, and ask the question if there could be residential
homes in the area with Onans to the north and Medtronics to the west. Mrs.
Baker said that Lots 1, 2, & 3A across the street are owned by Medtronics,
and she knew they did speculate in land, and it would be speculation to
guess what it would be used for in the future. Counca.lman Liebl said that
before he had to vote, he would like to see where the house would sit on
the lot. Would it be facing 69th Avenue or Central Avenue? This is a deep
lot, would there be a lot spla.t? Mrs. Baker said that the difficulty with a
lot split is that the utilities axe on the east side of Central Avenue and they
would have to get a permzt from Anoka County to tunnel under the road to bring
the utilities in for the south half of the lot. She said the buyer is aware
of this. The building proposed would face 69th Avenue and in the future they
may put in one on the south end of the lot facing Central Avenue. Councilman
Lieb1 said the City did not have extensive acreage left, and what there a.s
must be utilized to its best use.
Mrs. Saker said that because of the cost of preparing an architectural drawing,
they did not £eel that would be wise until they knew i£ the rezoning would be
approved. Their purchase agreement is dated July 12th and is based upon the
� future rezoning and subdividing the lot. She said she would ask for an
answer as soon as possible, and that they had hoped to have closed the sale
by tha.s �ime.
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REGUT,AR COUNCIL MEETING OF OCTOBER 4� 1971 pAGE 6
Councilman Liebl pointed out that the Planning Commissa.on did have some heavy �
arguments against this rezoning. He said his vote would depend on how much
of an a.nvestment they would be makzng and would take into consideration the
overall concept of the area. Mr. Edmundson asked if it would come up for a
vote at the next regular meeting if they prepared a sketch showing the location
of the building and the lot split. Mayor Kirkham said yes, the Council hears
anyone that wishes to speak at the public hearing, then it comes back to the
Council at the next reqular meeting for a decision.
The City Attorney asked if the neighbors have been notified o� the rezoning
hearing before the Council. The City Engineer said yes, by letter and also
published notice in the paper. Mayor Kirkham asked if there had been any
ob�ections received and the City Engineer �eplied, not to his knowledge.
Mr, Phillip O'LOUghlin, 5387 Altura Road N.E., said that he had Lot E
directly south of the lot being discussed, and he had planned to build a nice
home in there, but a douUle bungalow would devalue that lot too much. He
questioned what if the lots 7ust to the east of Lot 16 wanted to split,
would they not have to take some of his property for a road? Counci].man
Liebl said �, of the road would come from Mr. O'LOUghlin's property. NLr.
O'Loughlin said that a road might be detrimental to Lot E, Mrs. Baker said
those lots face 69th Avenue and are 275' deep from the eclge of the street to
the back lot line. If there was a future lot split of these lots, which she
did not think likely because the houses are set quite far back on the lots
already, there is an easement running north-south five lots over from Central. �
She felt they would probably put in a cul-de-sac to allow nice homes to be
built, and this would not interfere with any other property. She added that
there is quite a ba.t of low land on Lot E, and would not be considered very
buildable, the double bungalow would increase the value of the land. Mr.
O'Loughlin disagreed and said it would not. Mrs. Baker said she was speaking
in terms of the terrain.
The City Enqineer suqgested that the Council could consider allowing the double
bungalow on the corner, then have a house on the south 's of the Zot which would
act as a buffer to Lot E. In that way the double bungalow would act as a
buffer between the industrial area across 69th Avenue and the residential lot
ot the south. Councilman Liebl said that they must consider the abutting
property owners and by granting thas request, it would set a precident. It
would be a first step and the rest of the property may be developed in this
manner. He asked Mrs. Anderson if she �ust owned the one lot. Mrs. Anderson
said yes, and explained that theirYnuse *sas taken in the tornado in 1965 and
they had to buy another. She has had to pay the taxes on this lot and maintain
the home she has and this added burden is too much for her. Councilman Liebl
commented then Mrs. Anderson's primary reason for asking for this rezoning was
hardship.
Mr. Edmundson said he is a builder o£ residential homes, and as a builder, he
would not invest in this lot for a single family home, because the industry
does dexralue the home. Mr. 0'Loughlin said that Medtronics and Onans are not
ordinasy industries, and are very nicely landscaped. Mayor Kirkham asked_if �
the large parcel of land to the north has been zoned industrial for a long
time and the City Engineer replied yes, there has been no zoning change in
this area for some time. He added that the lots owned by Medtrvnics are
nicely landscaped.
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REGIILAR COU.iCIL MEETING OF OCTOBER 4, 1971 PAGS 7
� MOTION .by Councilman Liebl to close the public hearing on the rezoning request
by Donald W. Reese, ZDA #71^06. Seconded by Councilman Kelshaw. Upon a voice
vote, all ayes, Mayor Kirkham declared the hearing closed at 8•45 P.M.
Mayor Kirkham informed the applicants that this will be back on the Agenda for
the Meeting of October 18th, and added that it would be helpful if they
could work up a sketch of the buildinq on the 1ot, and the propcsed lot split.
RE50LUTION #126-1971 - CERTIFYING CHARGES TO THE COUNTY AUDITOR TO BE LEVIED
AGAINST CERTAIN PROPERTIE5 FOR COLLECTION WITH THE TAXES PAYABLE IN 1972:
(Weed Cutting Charges)
Mayor Ka.rkham suggested that this item be taken up at this time as he believed
there were some people present that wanted to be heard relating to the weed
cutting charges.
Councilman Liebl explained for the clarification o£ the audience that this
resolution spells out the charges and the lots the City has cut according
to the ordinance that was passed a few years ago. Thzs has been done in
previous years, The ordinance gives the City the right to cut weeds on
residential and �npty lots twice a year. That owner is ba.11ed and if the
bill is not paid the charges are certified to the county to be applied to
the ta�ces through tha.s resoluta.on. He said he has received many calls
commending the City for passing such an ordinance. When empty lots are not
� cut, it detracts from the appearance of the homes on either side. He said he
has also received some complaints from people that own large lots saying the
charges are too high, but they had the opportunity to cut the lots themselves,
or hire it done, and chose not to.
Mr. Harland Berry, 7D91 Hickory Drive N.E., said that he had a 80' X 140`
lot for which he was billed $38.38 for cleanup. His neighbors said that they
did not even see a truck in there, He had Councilman Breider and the
Superintendent of Public Works up there and Councilman Breider felt that
cha�ge was ridiculous. (Lot 14, Block l, Dstman's 3rd Addition). The City
Assessor said that Mr. Berry's ad7usted b211 of $80.76 includes an Adminis-
trative charge and an interest charge if it has to be rertified.
She City Manager said that he had talked to Mr. Berry and also Bob Barnette,
the Weed Inspector. He explaa.ned to Mr. Berry that it would be physically
impossible for the Weed Inspector to oversee eacl'i cutting �ob by the con-
tractor to see that he does in fact pick up all the trash prior to cutting,
however, Mr. Cutbirth, the Weed Contractor, has stated that he has given a
rebate of $21.60, which reduces the bill to only his cost, and is as far
as he will go. He states that he has signed affidavits by his employees
as to the numbe� of hours that they have put in on this piece of property,
and is prepared to go into court to collect the original cost if necessary.
The City Manager said he has talked to all the parties concerned to try to
resolve the differences.
� Mr. Baxnette said he had talked to Mr. Bexry and this situation actually goes
back three years. There were a number of lots cut for Mr. Berry and there was
a questa.on in regard to some material which Mr. Berry says was removed from
a lot, and Mr. Cutbirth claims he did not remove it. There were a number of
complaints on this particular lot, Lot 14, there was a heavy weed growth and
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REGULAR COUNCIL MEETING OF OCTOBER 4, 1971 PAGE 8
a lot of underqrowth. Mr. Cutbirth states that they did have trucks in there. �
Mr. Barnette said he talked to Mr. Berry and met him at the site. Mr. Cutbirth's
employees did verify that there were two truckloads of material taken from
there. He said he could not personally verify this as he did not see the trucks.
Mr. Cutbirth did reimhurse Mr. Berry in the amount of $21.60. Mr. Berry said
there was a charge of $24 for a Jari mower. Mr. Barnette said he did not see
the .7ari mower on the property, but they did do some cutting with a mower. It
seems the Sari mower broke docvn and they did not use it after that. This zs a
very rough lot.
Mr. Berry said he could cut the lot with a hand scythe in eight hours. The
grass was cut high off the ground and there is still trash there, which Council-
man Breider can attest to. Mayor Kirkham said in the absence of Councilman
Breider when this resolution is adopted, this lot will be deleted, and it will
be brought back at the next regular Meeting.
MOTIDN by Councilman Liebl to adopt Resolution #126-1971, deleting Lot 14,
Block 1, Ostman's 3rd Additzon, which is to be brought back at the Meeting of
October 18th. Seconded by Councilman Kelshaw.
Councilman Kelshaw commented that if this gentleman has so many questions, there
are doubts in his mind on how many other people have objections. The City
Manager said that they have resolved a number of complaints p.�rior to this
Meeting. He said the actual amount that would be certified is $80.76 which �
includes an 8o interest charge if it is levied against the property. It also
includes up to $10 in administrative charges which he would have to pay anyhow.
The City Assessor said that this is not something the people do not know about,
they have been bil3ed and have not paid.
Mr. Wyman Smith said he has heard complaints that the people are being over-
charged, and also that the administrative charge i5 too high. In most cases
there is not enough money involved to spend money to flght it in court, so
the people are stuck with paying the bill. He felt it was time to chanqe
contractors as there are too many complaints. Councilman Kelshaw said that the
City Administration wzll be studying this. He said he was in the Weed Inspector's
office this afternoon, and also talked to the City Manager about thzs. Last
year only one bid was received and it looked favorable. It seems this man had
some bad luck and lost some equipment. The City will definitely be looking
into this before the contract is let next year.
Mayor Kirkham said that people complained last year, then did not do anything
about doing the work themselves this year, then they again complain, They have
the option of hiring the work done, but they chose not to. With the large
number of charges levied, there really are not too many complaints. Counc�.l-
man Kelshaw commented that when a bill can be cut in half or one third, he must
question i£ it was not too high a.n the first place.
TEi� VOTE upon the motion, being a voice vote, all voting aye, Mayor Kirkham
declared the motion carried. �
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REGULAR COUNCII, MEETING OF OCTOBER 4, 1971
PAGE 9
ORDINANCE #489 - AN ORDINANCE ADOPTING CAAPTER 22 OF THE FRIDLEY CITY CODE
PROVIDING FOR THE LICENSING AND REGIILATION OF MUSIC FESTIVALS:
Councilman Liebl asked if, sinae Councilman Breider and Harris are not present,
is there any reason to wait? Mayor Kirkham said that neither of them said
anything about any chanqes they wanted to make.
MOTION by Councilman Liebl to adopt �rdinance #489 on second seading, waive the
reading, and order publication. Seconded by Councilman Kelshaw.
Mr. Dick Harris questioned who would have to have a license, specifically the
schools for a band concert or a half time show at a football yame. The City
Manager said for public grounds and public sponsorship, the aequirements are
very simple and read from Section 9 of the Ordinance In that specific case,
this would mean the �hools would be exempt from making application for license
and paying the application fee. Mr• Harris asked if there had been any dis-
cussion with the schools in regard to this, and said that Mr. Hlavac has com-
plained of a break-down in communication between the City government and the
school system. It was pointed out that a copy of all the Counc�.l Agenda
indexes are sent to the school, so if they had any questions, they could have
called or come in to read the proposed ordinance. Councilman Kelshaw said
that if a citizen wants to know something gmng on at a School Board meeting,
they attent to find out. By the same token the school would be responsible
to find out what they want to know by coming to the City, An example of this
is the CATV question. This was fa.rst talked of last March, but thexe was no
communication from the schools then. Ae said he, as a Councilman, wants to
get along with the School Board, but they have a responsibility to come to
the City if they have any questions• Mrs. Helen Treuenfels said that it is said
that all the minutes are public information, yet if someone wants them, they
have to come to City Hall to get them. When an ordinance is passed, the readings
are waived so a citizen would have to make a special trip to City Hall to find
out what it is about. By the tame it is published, rt is too late. Mayor
Kirkham explained that many times, as in the case of th�s Ordinance which is 12
pages long, it would take up too much of the City's time to read at the Meeting,
and a citizen would have to call or come in to find out what he wants to know.
THE VOTE upon the motion, being a roll call vote, Kelshaw, Kirkham and Liebl
vota.ng aye, Mayor Kirkham declared the motion carried.
CONSIDERATION OF SECDND READING OF AN ORDINANCE FOR REZONING REQUEST ZOA #71-03
BY SOHN P. YOUNGDALE (FROM R-3 TO C-2) IN THE NORTHEAST CORNER OF UNSVERSITY
AVENUE AND OSBORNE ROAD:
AND
CONSIDERATION OF SPECIAL USE PERMIT SP #71-03 TO CONSTRUCT A SERVICE STATIOYS IN
A C-2 DISTRICT (GENEF2AL BUSINES5 AREA) TN THE NORTHEAST CORNER OF UNTVERSITY
AVENUE AND OSBORNE ROAD: (Tabl.ed September 20, 1971)
Councilman Liebl explained to the applicants in the audience that any rezonir.g
takes a 4/5 vote by the Council, therefore it will have to be tabled.
MOTION by Councilman Kelshaw to table considexation of the rezoning ordinance by
American Oil and their special use permit request to the Meeting of October 18,
1971. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham
declared the motion carried.
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REGULAR COUNCIL MEETING OF OCTOBER 4, 1971
PAGE 10
NAEGELE REQUEST FOR A DOUBLE FACED SIGN AT 6031 UNIVERSITY AVENUE N.E.: �
Mr. Harry Hokemeir, o£ Naegele's, explained that they have a permit for a
single-faced sign at 6031 University Avenue N.E. in C-2 zoning which, under
the ordinance, is good for three years. They would like to make it double-face
to attract both the north and south bound traffic. Th�.s is a poster type
sign which is changed every 30 days.
MOTION by Councilman Liebl to approve the request by Naegele Outdoor Adver-
tisinq for a double faced sign at 6031 University Avenue N.E. Seconded by
Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the
motion carried.
PROGRESS REPORT ON RELOCATION OF POWER LINES WITHIN THE CITY OF FRIDLEY BY
NORTHERN STATES POWER;
Mr. Warren .7ohnson of NSP outlined the history of the relocation of the 115 KV
line to date and theix dealings with Burlington Northern Inc., and said they
were 98o completed with their work. Everything is done except tying in at
either end. Since May 3rd, they have met with Bu.rlington Northern 14 times
and it is still not resolved. As he outlined in his letter, Burlington
Northern feels that NSP should use "SUper Cables" and NSP is not entirely
convinced of the value that is claimed by the manu£acturers, and there would
be a great deal of cost if they were used in this case, as it would set a �
precident and they would be required to use them elsewhere. It would cost
over a million dollars for the line in the area, and the cost would, of
necessity, have to be passed on to the customers. NSP's feeling is that
their line would not affect Burlington Northern's signal cable. NSP is very
anxious to complete their part of the bargain.
Councilman Liebl said as he understood it, the 115 KV poles were up along the
east side of the BurlYngton Northern tracks and the lines were strung and Mr.
Johnson said yes, but they are not energized. Councilman Liebl said that when
the lines were put in on 61st Avenue on the ea5t side up to Satellite Lane,
they had difficulty because of some txees in the way which had to be trimmed.
He understood that was taken care of and they only cut the trees that were
absolutely necessary to cut. The people in the area have told hitn they were
satisfied with the �ob NSP did in that area. He asked that whenever possible
to save the trees. Along Main Street the trees provide a barrier to keep
the traffic noa.se down. Mr. Johnson said evexything poss.ilale would Ue done
to preserve as many trees as they could.
The City Manager said that there were some poles lying along 69th Avenue south
of Locke Park, and asked if they were a part of this pro�ect. Mr. Johnson
said they were, and will connect into the Mooze Lake Substation. The City
Manager said they have been there for some time, and asked why Mr. Johnson
said he did not know, but he would check into it and let him know. He said
if permissa.on is received from Burlington Northern, then the cal�les would be
ordered, and it would stzll be a few months before they could be energized. �
The City Manager asked if it would aid the situation 1f the City met with
Burlington Northern. The City Attorney pointed out that with the railroad's
expansion plans, they will proba6ly be in need o£ permits etc. and perhaps
would then be willing to accommodate the City. Mayor Kirkham asked the City
Manager to set up a meeting with NSP, Burlington Northern and the City staff.
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REGULAR COUNCIL MEETING OF OCTOBER 4, 1971
PAGE 11
RECEIVING THE MINUTE5 OF THE BOARD OF APPEALS MEETING OF SEPTEMBER 21, 1971.
The City Engineer reported they had one item on their agenda, which is still under
consideration, so there is no Council action necessary. (Mr. A.R. Elasky, 5517
12th Avenue So., Minneapolis for property at 555 57th Avenue and 5703 Washington
Street N.E.)
MOTION by Councilman Liebl to receive the Minutes of the Board of Appeals
Meeting of September 21, 1971. Seconded by Councilman ICelshaw. Upon a voice
vote, all ayes, Mayor Kirkham declared the motion carried.
RECEIVING THE MINUTES OF THE PLANNING COMMSSSION NIEETING OF SEPTEMBER 22, 1971:
1. SPECIAL USE PERMIT, SP #71-12, HARLAND E. BERRY: To constY'�.act double bungalows
on Lots 3& 4, Block 4, Ostman's 3rd Addition per City Code 45.051, 3,D.
The City Engineer reported the Planning Commission's recommendation is for denial
of the request. Mayor Kirkham pointed out that if the request is denied the
applicant can request a public hearing be£ore the Council. Councilman La,ebl said
this request has been turned down three times already. He said that as the
Councilman for the First Ward and the Councilman At Large were not present, he
would rather wait for their opinion.
MOTION by Councilman Liebl to table this request for a special use pexmit by
Harland Berry to the meeting o£ Ootobex 18, 1971. Seconded by Councilman Kelshaw.
Upon a voice vote, all ayes� Mayor Kirkham declared the motion carried.
2. REQUEST FOR A SPECIAL USE PERMIT, SP #71-13, DICK'S NORTA STAR: Lots 3, 4,
& 5, Block 7, Berlin Addition. To sell recreational trailers per City
Code 45.101, 3,N.
The City Engineer said this request a,s from a gas station on the south end of
East R�.ver Road. The Planning Commissa.on g,ranted approval of the continued use
for the gas station, but denied their request for a permit to sell trailers.
Councilman Liebl said, generally speaking, gas stata.ons in the City do not have
enough land to accommodate the sale of trailers.
MOTION by Councilman Liebl to concur with the Planning Commis5ion's recommendation
and grant the continued use of the service station, but deny the request for the
addition of retail sale of trailers. Seconded by Councilman Kelshaw. Upon a voice
vote, all votxng aye, Mayor Kirkham declared the motion carried.
3• REQUEST FOR REZONING, WAY DAR LAND CORP. BY WAYNE PETERSON, PRESIDENT:
Lots 23 through 30, Block 13, Hamilton's Addition to Mechanicsville to be
rezoned from R-3 to C-2 for a"Little Dearborn" warehouse and sales office.
MOTION by Councilman Liebl to set the public hearing for the rezoning request by
Way Dar Land Corp. £or November 8, 1971. Seconded by Councilman Kelshaw. Upon
a voice vote, a11 voting aye, Mayox' Kirkham declared the motion carried_
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REGULAR COUNCIL MEETING OF OCTOBER 4, 1971
PAGE 12
4. VACATION REQUEST: SAV k71-04, EDGAR A. HOU5ER: Vacation oP Gumwood Street
between 77th Way and 78th Avenue and also vacation oP the alley running on
FIesterly property line from 77th Way to 78th Avenue in Lots 1 through 8,
Elock 5, Onaway Addition.
MOTION by Councilman Liebl to set the public hearing date for the vacation request
by Edgar Houser for November 8, 1971. Seconded by Councilman Kelshaw. Upon a
voice vote, all ayes, Mayor Kirkham declared the motion carried.
RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL MEETING OF
SEPTEMBER 23, 1971:
CONSIDERATION OF A REQUEST TO CONSTRUCT THE FIRST PHASE OF THREE STAGES OF
CONSTRUCTION. STAGE ONE TO CONSIST OF FORMS RECONDITIONING BUILDING AND A
CUTTING BIIILDING TO BE LOCATED ON PART OF LOT l, AUDITOR'S 5UB➢IVISION �79�
THE SAME BEING 4500 MAIN STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY CECO
CORP., 2900 EAST HENNEPIN AVENUE� MINNEAPOLIS� MINNESOTH):
The Crty Engineer said that this request for a building permit is for the first
phase of construction by Ceco Corporation. South of the site is Minnesota
Linseed Oil Co. and to the north is Railroad Accessoxies. This is the first
stage of a three stage proqram, He then showed the plans at the Council table and
said the Building Standards - Design Control recommended approval subject to their
stipulataons which are listed in their minutes. He showed the setbacks of the
buildings and said they will all meet the code requirements.
MOTION by Councilman Liebl to concur with the Building Standards - Design
Control recommendation and grant the permit for the £irst phase oE construction
planned by the Ceco Corporation, sula�ect to the stipulations: 1. Insert slats
in steel cyclone fence; and 2. Poured concrete curbing around all blacktop outside
the gate. He added he would like to see particular attention given to the east
side of the property as it faces Maa.n Street and there is residential property on
the other side. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes,
Mayor ICirkham declared the motion carried.
MOTION by Councilman Kelshaw to receive the Minutes of the Suilding Standards -
Design Control Meeting of September 23, 1971. Seconded by Councilman Liebl.
Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried.
RECEIVING THE MINUTES OF THE FRIDLEY HUMAN RELATIONS MEETING OF AUGU5T 26, 1971:
MOTION by Councilman Liebl to receive the Minutes of the Fridley Human Relations
Meeting of August 26, 1971. Seconded by Councilman Kelshaw. Upon a voice vote,
all voting aye, Mayor Kirkham declared the motion carried.
RECEIVING THE MINUTES OF THE FRIDLEY HUMAN RELATIONS MEETING OF SEPTEMBER 23� 1971:
MpTION by Councilman Liebl to receiVe the Minutes oP the 'Fridley Human Relations
Meeting of September 23, 1971. Seconded by Councilman Kelshaw. Upon a voice vote,
all voting aye, Mayor Kirkham declared the motio.n carried.
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REGULAR COUNCIL MEETING OF OCTOSER 4i 1971
PAGE 13
CONSIDERATION OF AUTHORIZATION TO CALL FOR BIDS FOR A NEW 14 FOOT ONE TON VAN
TRUCK:
MOTION by Councilman Kelshaw to concur with the recommendation of the City
Manager as outlined in his memorandum dated September 17, 1971 and authorize
advertising for bids for a new 14 foot one ton van truck. Seconded by Council-
man Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion
carraed.
CONSIDERATION OF DECLARING THE EIRE DEPARTMENT TANKER TRUCK SURPI.US AND AUTHORIZIPdG
THE SALE OE THE TRUCK:
MOTION by Councilman Kelshaw to concur with the recommendation of the City Managex
and the Fire Chief and authorize the sale of a Fire Department tanker truck.
5econded l�y Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried.
CONSIDERATION OF CHANGE ORDER #G-1 EOR ADDTTION TO MUNICIPAL GARAGE:
MOTION by Councilman Kelshaw to approve Change Order #G-1 for Loeffel-Engstrand
in the amount of $660, for the munieipal gazage. Seconded by Councilman Liebl.
Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried.
CONSIDERATION OF WAIVING FIRE WALL SEPARATION REQUIREMENT AS REQUESTED BY MINNESOTA
LINSEED OIL CO.:
MOTION by Councilman Kelshaw to approve waiving the fire wall separation require-
ment £or Minnesota Linseed Oil Co. as recommended by the Chief of the Fire
Prevention Bureau and endorsed by the City Enqineer and the Building Inspector
as outlined inthe memorandum dated September 28, 1971. Seconded by Councilman
L1eb1. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried.
ORDINANCE #490 - AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE
STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE: (City of Fridley -
SAV #71-01J
MOTION by Councilman Liebl to adopt Ordinance #490 on sewnd xeading, waive the
reading and order publication. Seconded by Councilman Kel5haw. Upon a voice wte,
all voting aye, Mayor Kirkham declared the motion carried.
RESOLUTION #127-1971 - A RESOLUTION RESERVING AT LEAST ONE LIQUOR LICENSE FOR A
HOTEL AND/OR MOTEL COMPLEX IN CONJUNCTION WITH A RESTAURANT-LIQUOR LOUNGE OPERATION:_
MOTION by Councllman Liebl to adopt Resolution #127-1971. Seconded by Councilman
Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion
carried.
RESOLUTION #128-1971 - A RESOLIITION DESIGNATING POLLiNG PLACES AND APPOINTIS3G
ELECTION JUDGES FOR THE NOVENIBER 2, 1971 GENERAI� ELECTION:
MOTION by Councilman Liebl to adopt Resolution #128-1971. Seconded by Councilman
Kelshaw. Upon a voioe vote, a11 ayes, Mayor Kirkham declared the motion carried.
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REGULAR COUNCIL MEETING OF OCTOBER 4, 1971
PAGE 14
RESOLUTION #129-1971 - CONFIRMING ASSES5MENT FOR STREET INIPROVF..MENT PROJECT �
ST. 1970-1 (SIDEWALK ON OSBORNE ROAD EROM STH STREET TO T.H. #65)
MOTION by Councilman Liebl to adopt Resolution #129-1971. Seconded by Councilman
Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried.
RESOLUTION #130-1971 - ORIIERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES
OF THE COSTS THEREOF; STREET IMPROVENIENT PROSECT ST. 1972-1 AND ST. 1972-2 (MSAS):
MOTION by Councilman Kelshaw to adopt Resolution #130-1971. Seconded by Councilman
Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried.
RESOLUTION #131-1971 - i2ECEIVING THE PRELiMINARY REPORT AND CALLING A PUBLIC
HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET IMPROVE-
MENT PROJECT ST. 1972-1 AND ST. 1972-2 {MSAS):
MOTION by Councilman Liebl to adopt Resolution #131^1971. Seconded by Councilman
Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried.
APPOINTNIENTS:
Name
Patti Kozak
7409 Concerto Curve
Fridley, Minnesota
Beryl E. Barthman
6726 Loml�ardy Lane
Crystal, Minn.
Position
Special
Assessments
Cashier
E£fective Date
October 12, 1971
October 5, 1971
Replaces
Vickie Chambers
Nina Zabel
MOTION by Councilman Liebl to approve the appointments as recommended by the
Administration. Seconded by Councilman Kelshaw. Upon a voice vote, all vating
aye, Mayor Kirkham declared the motion carried.
CLAIMS.
MOTTON by Councilman xelshaw to approve payment of General Claims #26349 through
#26569 and Liquor Claims #5978 through #6D12. Seconded by Councilman Liebl.
Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried.
LICENSES:
Christmas Tree Lot
Sherman Hanson
7699 Vi�on Road
Fridley, Minensota
General Contractor
Calhoun Buzlders, Inc.
1610 West Lake Street
Minneapolis, Minnesota
By: Sherman Hanson
By: Donald Donahue
Approved By
Fire Inspector
Building Inspector
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REGULAR COUNCII, MEETING OF OCTOBER 4� 1971
PAGE 15
MOTION by Councilman Kelshaw to approve the licenses as submitted. Secondec'. by
Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the
motion carried.
CONSIDERATION OF APPROVAL OF HOUSE TRAILER APPLICATION FOR PARK CONSTRUCTION COMPANY
FIELD OFFICE:
MOTION by Councilman Liebl to approve the request by Park Construction Company
for a house trailer to be used as a Pield office. Seconded by Councilman
Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried.
ESTIMATES;
Hardxives, Incorporated
10135 Central Avenue N.E.
Minneapolis, Minnesota 55433
FINAL Estimate #5 for Street Improvement Pro7ects
St. 1971-1 and St. 1971-2 (MSAS)
ST. 1971-1
ST. 1971-2
(NOTE) These estimates were revised on October 18, 1971.
Bury & Carlson, Inc.
6008 Wayzata Boulevard
Minneapolis, Minnesota 55416
PARTIAL Estimate #1 for Street Improvement Pro7ect
ST. 1970-3
$ 2,523.35
9,903.99
$ 27,534.70
MOTION by Councilman ICelshaw to approve payment of the estimates as submitted.
Seconded by Councilman Liebl. Upon a voice vote, al1 ayes, Mayor Kirkham declared
the motion carried.
APPROVAL OF BILL FROM PATCH� ERICRSON, MADSON & HANSON, INC., ARCHITECTS AND PLANNERS
FOR MUNSCIPAL GARAGE: (FIRE PENSION ASSOCIATION REQUEST)
MOTION by Councilman Liebl to approve the payment of the bill fxom Patch, Erickson
Madson & Hanson Inc. in the amount of $1,990.58 as requested by the Fire Pension
Association. Seconded by Councilman Kelshaw. Upon a voioe vote, all ayes,
Mayor Kirkham declared the motion carried.
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A. MINNESOTA HIGHWAY DEPARTMENT: SIGNALS AT 69TH AVENUE N.E.
MOSION by Councilman KelshaW to receive the communication from the Minnesota
Highway Department dated September 23, 1971, concerning signals at 69th Avenue and
T_H_ #47. Seconded by Covncilman Lieb1_ Upon a voice vote, a11 ayes, Mayor
ICirkham declared the motion carra.ed.
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REGULAR COUNCTL MEETING OF OCTOBER 4, 1971
B. MINNESOTA HIGHWAY DEPARTMENT: CTTY AND POPULATION SIGNS
PAGE 16
MOTION by Councilman Kelshaw to receive the communication from the Minnesota
Highway Department dated September 21, 1971 concerning the "Fxidley City Limits"
"Population 29,235" signs. Seconded by Councilman Liebl. Upon a voice vote,
all ayes, Mayor Kirkham declared the motion carried.
C. JOSEPH ZIZAK: REQUEST TO EXPAND A NON-CONFORMING USE BY ALLOWING TO BUILD
A DOUBLE GARAGE IN HYDE PARK AREA: (5783 2z Street)
Couxicilman Liebl explained that P1r. Zizak lives in a commercxally zoned area vad
would like to build a double garage. He needs permission by the Council as this
is a non-conforming use. He explained to Mr. Zizak that he must assume some risk
in that, as it is zoned commercial, if it was sold for a commercial use, he may
not be able to recover all his construction costs. Mr. Zizak said he understood
this, but it is a new house and a garage is needed. He did not think it would be
sold for commercial use because the homes in the surrounding area are fairly new
and the land would be too expensive. There would be cheaper land to buy elsewhere.
Councilman Liebl said when this area was rezoned, a plan was worked out so that
every lot in a block would have to be utilized, so there would be no isolated
lots. This would then benefit the whol.e area. Mr. Zizak said that he did not
want the commercial zoning when it went in, as he has a nice home, and would not
want a commercial establishment next to him.
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MOTION by Councilman Liebl to grant Joseph Zizak a building permit for a double �
garage for 5783 2'� Street N.E., with the stipulation that Mr. Zizak clearly
understands that he is assuming some risk, in that the property is zoned
commercial. Secon�ed by Councilman Kelshaw. Upon a vozce vote, all ayes,
Mayor Kirkham declared the motion carried.
VISITOR:
Mr. Wayne Pearson, 6801 Hickory Street N.E., Locke Lake Association:
Mr. Pearson said he wished to say that he £elt that the Council has been very
fair with the people on Locke Lake and he appreciated the clean-up work that has
been done. Everything looks fairly well with the exception of the area by the
railroad tracks. The City Engineer said he understood the railroad woxked there
last Monday. Mr. Pearson said they worked on the bridge, but they did not do any
clean-up, and wondered if they were supposed to. She Cxty Engineer said yes,
he did not know they did not do the work. Mayor Kirkham said there will be a
meeting soon with the railroad, and this can be brought up.
Mr. Pearson, speaking on behalf of the Locke Lake Association, said they would
like to have some of the :and that is cominq from the Burlington Northern
Expansion Yard. There has been some dredging done and the sand is piled up, but
he and the others believed that even if it was levelled off, and the water was
raised, there would be a pot hole of still water. This should be done soon
before the water is raised so the trucks can get in there to work. They have
thought that with the addition of the sand, if the sand was graded, then perhaps
that area could be sodded.
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REGIILAR COUNCIL MEETING OF OCTOBER 4� 1971
PAGE 17
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� The Ca.ty Enga.neer said he felt that by grading and levelling the area, the pot
hole would be taken care of. He would be cautzous at bringing in more sand as
what the people have been complaining about was the sand that washes down into
the lake, and this would be bringing more in to dump along the bank. The problem
is with an area of still water� the sediment then settles. Mr. Pearson said there
may be some washing down of the sand, true, but they hope to control that by
sodding. Councilman Liebl said that if this is what the Association wants, the
City Engineer will oblige them, but he would like the request in writing. The
Crty may be criticized for dumping more sand by the lake.
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PAOTION hy Councilman Liebl to instruct the City Engineer to sae that the axea is
graded� and if there is a letter received from the Locke Lake Association requesting
more sand, and if it seems it is needed, to fill their request. Seconded by
Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kixkham declared the
motion carried.
ADJOi1RNMENT.
There being no further business, Mayor Kirkham declared the Regular Council
Meetinq o£ October 4, 1971 ad�ourned at 10;00 P.m.
Respectfully submitted,
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Secxetary to the City Council
./�/�n {j/j
L,1.: �lP.%�"L4..U-�
�.7ack O. Kirkham
� Mayor