03/19/1973 - 5782�
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PATRICIA ELI,IS
COUNCIL 5ECRETARX
REGULAR COUNCIL MEETING
MARCH 19, 1973
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FRIDLEY CITY COUNCIL - REGULAR CDIJNCIL MEETING - MARCH 19, 1973 - 7:30 P. M.
PLEDGE OF ALLEGIANCE: Given.
INVOCATION:
ROLL CALL:
7:30 p.m.
Two minutes of silence to thank God for the return of POWs.
All present.
� PRESENTATION OF AWARD:
Trophy Presented to Fridley High School Wrestling Team and Coaches
' for Winning the State Wrestling Championship
Presented to captain and coaches.
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APPROVAL OF MINUTES:
Public Hearing Meeting, February 12, 1973
Adopted.
ADOPTION OF AGENDA:
ADDITIONS:
Change "receiving bids for liquor store sign" to "receiving bids for
liquor store fsxtures".
Petition for repaving and installation of curbing for Starlite B1vd.
from 61st to Sylvan Lane N. E.
Communication from MaZcom Watson, City Manaqer, Columbia Heights.
Conurtunication from Frad3ey Police Pension Association.
Communication from Wyrr�an Smith, District Court FiZe 28615 - 4561
Reconsideration of apnointment of Bob Barnett to ad hoc North Park
Committee requested b� Councilman Nee.
VISITORS:
, Introduction of New Police Officers by the Assistant City Manager/
Public Safety Director
Puhlic Safety Director, James Hi11, introduced Charles Hanson,
Gary W. Lanzmeaer, and Phillip J. Salewski.
' (Consideration of any Iteras not Listed on Agenda - 15 Minutes)
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MR5. 5HARON �AKKE, 652 Monroe 5�., Secretar� for Nature Center
Booster Conm�ittee, annannced meeting of Coirartittee on March 22,
8:00 p.m. at St. �illiaans Church and invited a11 to attend.
A1so, requested placing a poster announcing the meeting on
the City Ha11 Bulletin Board. Request approved.
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; FRIDI,EY CITY COUNCIL, MARCH Z9, 1973 pAGE 2
� PUBLIC HEARINGS•
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ITEM NUMBER &
PAGE NUMBERS
Public Hearingon Request_for a Front Yard Variance by. .....�. . . 1- 1 E
Robert DeGardner, 6230 Riverview Terraee (Change from t
Previously Approved Plan by Council)
Approved request for front yard variance from ten to nine feet
contingent upon receipt of a.Ietter of agreement from the adjacent
propert� owner.
OLD BUSINESS:
Discussion on Acquisition of Property in Connection. ....... .. 2
with Islands of Peace Project
City Attorney authorized to enter into a� option agreement with /�
Mr. Minder, a1so, the Mayor and City Manager authorized to sign /y ���
the option agreement. $2,000 presented to the Islands of Peace
Project by the L.ions Club to be used for option money. Commi�tee
to acquire contributions ot' $13,000 be fore May I5, I973 for
payment at closing or forfeit the option money.
Consideration of First Reading of an Ordinance for. .......... 3- 3 E
Rezoning Request ZOA ��72-11 by Union Oil Company,
5695 Hackmann Avenue N. E. to Rezone From C-1S to C-2
' First Reading adopted. No additiona.Z residential property to
be rezoned.
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Consideration of Approval of a Special Use Permit
SP ��72-18 by Union Oil Company, 5695 Hackmann Avenue.
To Construct a Convenience Store and Continue Service Station
Stipulation - there wi1l be no application for building permit
made for six months or until plans are complete for the intersection.
and
Receiving Report Regarding the Central Qvenue/T.H. ��65
Intersection from City Engineer
Report Received. Councilman Starwalt to meet with area property
owners to work out traffic problem solutior. City Engineer
to provide a1.Z the necessary information.
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FRIDLEY CITX COUNCIL, MARCH 19, 1973 PAGE 3
ITEM NUMBER &
OLD BUSINESS (Continued) PAGE NUMBERS
Consideration of Second Reading of an Ordinance . . . . . . . . . . . . . 4 - 4 A
Amending Section 3.05 Relating to the Use of Sick Leave .�
for City Employees
Ordinance #534 adopted and Pu�blication ordered.
Consideration of Second Reading of an Ordinance . . . . . . . . . . . . . 5
Amending Section 3.08 Relating to the Use of Funeral Leave
for City Employees
Ordinance #535 adopted and pub.Zication ordered.
RECONSIDERATION OF APPOINTMENT OF �. BOB BARNETT TO AD HOC NORTH PARK
COMMITTEE REQUESTED BV COUNCILMAN NEE
Because Mr. Barnett is a staff inember of District #14, Councilman
Nee requesting inviting nominations from Districts #11, #I3 .
Motion on item was de%ated four to one.
NEW BUSINESS:
Receiving Petition froctt Don Bratt for Lot D, Registered ... .... 6- 6 C
Land Survey ��3 (Siverts Lane) for Municipal Water and
Sewer
Petition Received. Requsst to pat in Cesspool and well approved
with stipulation that p.roperty owner connect to the municipal systerr�s
when completed.
Receiving the Minutes of the Planning Commission Meeting, .,,,, 7- 7 Q
of March 7, 1973
1. Public Hearing: Rezoning reguest, 20A #73-02, by Robert DeGardner:
Concurred with Planning Commission in denial cf rezoning request.
2. Public Heaxing: Special use permit, SP r73-01, Standard Oil Co.
Approved request to install car washing eruipment. Did no�
concux wzth Planning Commission. Lieb1 Nay.
3. PubZic Nearing: Rezoning request, ?OA #.73-03, by Samuel Temp�in;
Pending before Planning Commission, no action.
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FRIDLEY CITY COUNCIL MARCH 19, 1973
Paqe 3-A
iVEW BUSINE5S CONTINUED:
Receiving the Minutes of the P.Ianning Commission Meeting of March 7, 1973
continued. .
4. Vacation request: SAV #73-02, by SamueZ Templin:
Pending before Planninq Commission, no action.
5. Public Hearing: Reson.ing reqaest, ZOA, by North Air Home
, Association:
Continued by Planning Commission. Council referred item
back to Planning Commission for recommendations, no action.
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6. SpeciaZ use permit, SP #72-Z9, by Frank GabreZcik:
' Tabled until a signed agreement is obtained from Mr.
Gabrelcik to clean up area. Concurred with five stipulations
of PZanning Commission.
7. Vacatian request: SAV #73-03, By Lawrence Muggli:
Mr. Muggli said he concurred with the PZanning Commission
and added this was basically a request for some st�,pu.Zations
on the Iand. Council concurred with the recommendation of
denial bz� the Pla.nning Commission. Feasibility report on the
seven stipulations to be prepared.
8. Lot split request: L. 5. #73-03, Amber construction Company:
Concurred with Planning Commission and approved.
9. I,ot split request: L. S. #73-04, b� Dennis C. Czech:
Concurred with Planning Commission and approved.
10. Armory referral:
Received. No action.
1I. Review of minutes on ZOA #72-18, Union Oil Company.
Received. No action.
12. Letters from Metropolitan Council;
Received. No action.
1�INUTES RECEIVED
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FRIDLEY CITY COUNCIL, MARCH 19, 1973 PAGE 4.
ITEM NUMBER &
NEW BUSINESS,(Continued) PAGE NUMBERS
Receiving the Minutes of the Building Standards - . . . . . . . . . . 8 - 8 E
Design Control Meeting of March 8, 1973 '
1. Request to approve an addition to the present structure `
of North Air Home, 6833 Highway 65 N. E., also known
as Knights of Columbus:
PZanning Commission to make recommendations.
2. Request to construct a building to he used as a machine shop
_ by Toolkraft Inc., on 7500 commerce Lane N. E.:
Concurred with Building Standards Design Control Subcommittee �
fo approve with stipulations.
MINUTES RECEIVED '
Receiving the Minutes of the Board of Appeals . . . . . . . . . . . . . . 9 - 9 A
Meeting of March 13, 1973
3. Request for variance to reduce front yard set back from 35 feet
to 31 feet to a11ow the construction of an addition to an
existing structure, by Mr. Donald Kisslinger, 5215 Lincoln Street:
Concurred with Bc�ard of Appeals Subcommittee and approved
the variance request.
MINUTES RECEZVED.
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Receiving the Minutes of the Parks and Recreation. .,.,...,,. 10 - 10 A
IMeeting of February 26, 1973
MINUTE5 RECEIVED.
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Receiving the Minutes of the CATV Commission
Meeting of February 5, 1973
MINUTES RECEIVED.
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FRIDLEY CITY COUNCIL, MARCH 19, 1973 PAGE 5
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ITEM NUMBER &
I NEW BUSINESS (Continued) PAGE NUMBERS
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' Receiving the Minutes of the CATV Commission Meeting .......... 12 - 12 F
of March 5, 1973, and Receiving Bylaws of the Cable
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Television Commission
Minutsreei e. B1as rv
, e c v d y w app o ed.
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� Receiving the Minutes of the North Park Committee. . . . . . . . . . . . I3 - 13 A
Meeting of Marc[� 8, 1973
� Minutes Received.
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Consideration of Request of Mr. Henry T. Melcher for. ..........14 - 14 D
, Reimbursement Costs for Replacement of Bushes
Claim to be submitted to insurance carrier and matter
� re�urned to Council for further activn if needed.
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' Receiving Bids - Cash Registers for Liquor Stores. . . . . . . . . . . . 15 - 15 A
(Bids Opened 11:30 A.M., March 16, 19.73)
� Bids received. Contract Awarded to National Gash Register
in amount of $I9,774.32 with delivery in four months
� or sooner.
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FRIDLEY CITY COUNCIL, MARCH 19, 1973 PAGE 6
, ITEM NUMBER &
NEW BUSINESS (Continued) �" PAGE NUMBERS
Receiving Bids - ^••~-'^�- •'--�r*- � - - � far Liquor. . . . . . . . , ,
Store (Bids Opened 11:30 A. M., March 15, 1J73)
Chanqed to furnishings. TabZed. Councilman Nee to investigate
reason for no response from other possible bidders.
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Discussion Regarding Report on Locke Lake by City, ,. ,,,,,,,, 17 - 17 B
Attorney (Report Received at Meeting of February 26, 1973)
Report to be submitted to members of the Lock Lake Association.
County Commissioners to work with City to provide solution.
Possibility of extended ownership of land rather than trying to close
the Iake with a survey to be considered. Possibility of Locke
Lake Association acquiring remainder of Iake bottem to be considered.
City Engineer to meet with sarveyor and bring back recommendations.
No action to be taken until the Lock Lake Association reaches
a decision.
Receiving Status Report on Stonybrook Creek Erosion, ,,,,,,
Control (Project ��102-2)
Authorized to proceed up to $22,000 alloted amount and after
thas time a permanent solution wi11 be considered.
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, Receiving Report and Recommendation oa CapitoZ Street, ,,,,,,,,, 19 - 19 B
Sewer Problems (ST. 1973-1)
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Report received. Street deleted from street improvement project.
Sewer repairs to be made. R�sults to be studied after one year.
If further action is necessar,y, sma11 ejection pumps wi11 be
installed in the three ho.mes that are experiencing problems.
FRIDLEY CITY COUNCIL, MARCH 19, 1973 PAGE 7
ITEM NUMBER &
NEW BUSINESS (Continued) PAGE NUMBERS
Consideration of Landscaping Plan for Holiday Village North. ...... 20
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Tabled.
Receiving Report on Status of the SAG Lawsuit . . . . . . . . . . . . . . 21 - 21 E
Report received.
Receiving Report on Weed Program for 1973 . . . . . . . . . . . . . . . . 22 - 22 A
Report received. Concurred with recommendation from
administration for program for 1973.
Receiving Report on Actions Taken After the Study. ........... 23 - 23 E
Session on East River Road Along with Report of Some
Previous Actions Taken by the City Council
Report received.
Consideration of Resolution Approving Advertisements for. ....... 24
$ids - EOC and Police Department Remodeling
Resolution #37-1973 adopted.
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FRIDLEY CITY COUNCIL, MARCH 19, 1973 pA� 8
ITEM NUMBER &
NEW BUSINESS (Continued) PAGE NUMBERS
Consideration of a Resolution Ordering Preliminary. . . . . . . . . . . 25
Plans, Specifications and Estimates of the Costs Thereof;
Sanitary Sewer Improvement Project ��113
Resolution #38-1973 adopted.
Receiving a Report on a Proposal for the Metro Rate. .........
Authority
Report Received.
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Appointments to the Environmen�al Quality Commission. ......... 27 - 27 A
Robert L. Buckley, Chairman, 54 Locke Lake Road - 3 years.
Ronald F. Burton, 741 Pandora Drive, - 1 year.
ShirZey Kennedy, 6875 7th St., - 2 years.
Thomas Su1.Zivan, 1350 Gardena, - 1 year.
Roqer Kay, 585 Rice Creek Terrace, - 3 years
Jim Langenfelt, 79 63� Way N. E., 2 years.
Mrs. Charles Martin, 133 5tonybrook Way N. E., 3 years
Appointed.
Appointment: City Employee . . . . . . . . . . . . . . . . . . . . . . . 28
Approved.
Fredrick Prom, 758 Hillrest Manor;
Juniar Accountant, effective March 2I, 1973.
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FRIDLEY CITY COUNCIL, MARCH 19, 1973 PAGE 9
ITEM NUMBER &
NEW BUSINESS (Continued) PAGE NUNIBERS
Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
APproved. - �/'
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Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Approved.
Estimates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Z "�;/-l�
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Approved.
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RECEIVING PETITION FOR REPAVING AND IN5TALLATION OF CURBING FOR STARLITE 3�``L
BLVD. FROM 615t TO SYLVAN LANE N. E. �L
Petition received. Specit'ications to be prepared. 3� �'L
COMMUNC7ATIONS:
Coon Rapids Citq Manager: Legislative Liaison, , , , , , , , , , , , , 32 - 32 B
Communi�ation from J. K. Cottinghom, Cit� Manager, Coon Rapids,
dated March 15, 1973, regarding Coon Rapid's decision to not execute y L
agreement fox Legislative liaison, Received. ��.�
Communication from David Kennedy, Legislative Liaison, 3-6-73, Received. �j
G. Ma�c Whitehead to City Attorney: Chies Brothers. ......... 33
eorr¢nunication from Mare Whitehead, dated March 13, Z973, regarding
purchase of bond for $2,500, received. City Attorney authorized
to accept offer of #2,500.
Fridley Police Pension Association, dated March �.9, 1973, regarding �
rescinding letter of intent sent to Council March 9, 1973 and 3
stating no action wi.Z1 he taken by the Association until the
legislature has adjourned in May of 1973. Received. Jo?nt services
of We.,ver, Tal1e and Herrick and Smith� Juster, Feikema, :iaskvitz
and Casserly authorized to research 1ega1 aspects and foxmL.Iate
some recommenda�tions for possibZe soZutions of the current
Fridley Police Pension Association delema and to repor� back
to the Council at such time they come up with any a.Zternative
which may reach agreement, City Attorney to investigate 1ega1
aspects ur.der the City Charter of Mayor Lieb1 en�ering into negotiations
with members of the Associat.ion ar.d report back to Council
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' FRIDLEY CITY GOUNCIL, MARCH 19, 1973 Page 10
� GOMMUNICATIONS CONTlNUED: � r
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' Communication from Wyman Smith, dated March 16, 1973, zegardinq District ,3
Court Lawsuit - John H. Glover, .inv. vs. City of Columbia Heights and
City of Fridley, District Court Fi1e 28615 - 456I. ;
' Received. .
Request from Eldon Schmedeke to investigate and take some action on
non-licensed persons selling used autos in Fridley.
Report being prepared by City Attorney. Councilman Utter
investigating matter.
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Communication - Sample letter prepared by John l�iillin, Barton-Ashman �`
' Associates, Inc., 1821 University Avenue, 5t. Pau.Z, suggested to be
submitted to Ray Lappegaard, Correnissioners of Highways reqardinq
Mississippi underpass. Receive�� approved and authorized to be sent.
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ADJOURNED: I2:04 a.m.
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PUB!.g� �``��RING MEETING OF THE CITY FRIDLEY CITY COUNCIL - FEBRUARY 12, 1973
The PubliC Hearing Meeting of the Fridley �ity Council was called to order at
7:34 p,m., F�bruary 12, 1973, bY Mayo�' Lieb1,
PLEQGE OF ALLEGIANCE:
Mayor �,iebl lad the Council and the Audien�e in saying the Pledge of Allegiance
to the Flag.
ROLL CALL:
MEMBERS PRESENT: Nee, Breider, Starwalt, Liebl, Utter.
MfMBERS ABSENT: Nane
ADpF'TION OF AGENDA:
Added to Agenda; Mike 0"Bannon, p roposal for City to receive Park land
in lieu of sewer Assessment. (tem number 13 on agenda.
MOTION by Councilman Nee to adopt the agenda as amended. Seconded by Council-
man Utter. Upon a voice vote, all voting aye, Mayor Libel declared the motion
carried unanimously.
MPANY. GENE
ED FINAL PLAT P. S. #7�-
ERSITY AVENUE N.E.:
Mayor Liebl called on the City Engineer to present the proposed fin�l plat,
The City Engineer said there is a servi•ce station on the west portion af the
property and a sma11 shopping cente'r on the east portion. Me added, the
Planning Commission had recommended approval of tMe final plat.
Mayor Liebl asked if there were any questians or comments by the members of
the Gouncil, There was no response. Mayor Liebl ask�d if there were any
questions or comments from those in the audience. There were no comments.
MOTION by Councilman Breider to close the Public Hearing on the proposed final
plat P.�. #72-08. Seconded by Councilman Utter, Upon a voice vote, all voting
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aye, Mayor Liebl declared the Public M�ering ciosed at 7:40 p.m.
PUBLIG MEARING ON REZONING RE,QUEST ZOA #7�-13 BY CITY OF FRIDLEY: PART OF
OUTLOT H GENERALIY LOCATED ON THE NORTH SIDE OF I. 694 AND 800' WEST OF THE
EAST CITY LIMITS, TO B� REZONED FROM R-3A TO C-2S:
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PUBLIC HEARING ON A SPECIAL USE PERMIT SP #72-�Q, BY THE CITY OF FRIDLEY; a
TO PERMIT INSTALLATION OF AN ADVERTISING SIGN IN A C-2S RISTRICT TO BE LOCA-
TED ON OUTLOT M INNSBRUCK NOR1`H GENERALLY LOCAT�D ON THE NORTH SIDE OF I,
6„�4 AND $QO' WEST OF THE EAST GITY LIMITS: �
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MQTION by Councilman Utter to waive the reading�af the Public H�aring Notice. `
Seconded by Councilman Starwalt. Upon a voic� vote, ali voting aye, Mayor
Liebl declared the motion Garried unanimously.
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PUSI.IC H�ARING MEETING OF F�BRUARY 12, 1973 PAGE 2
Mayor l.iebl �alled on [he �ity En�ineer to present an explanat�on of �he prQ-
posed action. Ths City Engineer said the request is to canstruct a 51gn wMich
wauld be two �ided, th� Clty of Fridley using one side t� wei�ome persons to
Fridl�y, �nd N��g1� 5igt� �ompany using the other side, The Gity Engi�eer said
th� Planning Commission had recammended denia) of bcath the rezoning and the
�onstructior� of the sign.
Councilman $tarwal� said he had heard there wers obj�ctians to the ccanstruc�
tion of such a sign by the prop�rty owners. H� said he did have some questian�
Wpuld the sign be a lighted sigM7 Would it be an advertising sign? He had
h�ard it was to b� a welcome to Frtdley sign. He said he had many phone calls
obje�ting to the sign i� a residential area. F{e added, not many of the callers
were aware the Rlann�ng Commission had recommended denial of the proposal. He
added, wh�n the plan was originally discussed Me di�i not think they would be
COnsXr'UGtfMg d ten by fo�urteen foox li�hted sign, Me $aid the Ordinan�es do
nQt �llow construction of an advertising sign in a residential area and the
people are a�ainst the constructfc►n.
Gouncilman Utt�r said he had reGeiv�d a call from zh� hameown�r directly be-
hind the proposed construction sit�. He sald if the sign wer� ligh�ed, the
)ights wQUld shine right into thsir bedroom windows, He said the people
were also ccancerned with the sic�n creating a barrier with the sound from
I fa��t being reflecfied into the area. He safd if th� d�veloper used one sida
of the sign and the City used the other, this mi�ht give them a foot hold far
asking for �dditional signs,
Mr. Roger p. BiQhm, 1605 Berne Rd., Fridley, representing the (nnsbruck
South Homeowner�, said the presldent o� th� organizatlQn was unable to attend
the Council meetiny, and he would like to represent the group. He said the
pr�anization had reached an agreement concerning the proposal and they wer�
against the cons�ructlon. He said, they would not object to a small sign
welcoming people to �ridley, but were notin favor of a ten by fourte�n foat
sign, Iie mentiQned Ch� current F�d�ra{ a�tion ta try and controll the num�
bsr oF billboards, h� added, action su�h as this would tend to allow a resi-
dential area to become eommercial, He said, he had not been notified of the
pr�pos�d action, that he had found out abput the hearing by accident the
past week�nd,
Mayctr Liebl stated th� purpose of khe hear+ng was to find out what tMe p�ople
in �h� ar�:a want, he added, the re�ord will state the Home Owners Associatfon
caf � nn�b ruck South oppe�se th i� p 1 an ,
Mr. Eldon Schmedeke, planning Commisslon, �aid th� m�mbers of the Planning
Cammi�siQn vat�d three tca two obje�ting to this proposal, He �aid he would
1(k� �o �tate sQme caf the reasons fvr thelr action. H� said the proposa)
�tat�s that 3QC1 square feet are to be rezoned to commercial, and the �ity rer
qui�es 20,QOQ square feet for � minimum commereial sit�., He ��id, it i� only
�Q� f�e� from residential property, this is also contrary tq the ordinanc�s,
M� m�nt�oned the park land abutting the proposed sign, �tating, he did not be,
lieve it would beautify the park area. He �aid the residents in the area would
be fQrc�d tc� pass and look at th� sign every day and xhos� in the Community
wQuld only pa�s the sjgn on e�ceasion. He sa�d there are othersin th� �ity who
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PUBI,IC HEARING M�ETING OF FEBRUARY 12, 1973 PAGE 3
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may wish to Gonstruct signs and commerclal buildings on forty foot lots, and
' if_.this propasa) is approved, it would be difficult to deny others the same
right. H� said he had not been speaking fc�r the rest�of the members qf the
Planning Gommission.
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Mayor l.iebl aSksd the �ity �ng�ne�r if �her� had been some change in the
State Cod�. Th� Cfty �ngineer said yes, the new regulations state that signs
must be constructed on ind4strial or commerc�al praperty. Mr. Schmedeke said
befor� the new regulations w�re passed, the City wauld have been ab)e to con-
struct tha sign without rezoning, The City Engineer agreed, this would have
been possible in the past.
Mr, R. B. Redmond, 62Q8 70 Avenue N. Minneapolis, 5�429, stated he was repre-
senting the developer, Viewcon, and he was aware of the change in the state
regulatian, He Seid they would like to construct this sign, and Viewcon had
�greed with Naegele to use pne side of the sign to advertise, He said the
si,gn would be perpendicular to the freeway and he questi.oned whether it would
throw any additional noise ta�the sauth side of the freeway,
Gouncilman Starwalt asked if the people in the area within 300 feet of the
sign h�d been notified of the Public Hearing. The �ity Engineer said all those
wikhin the 30Q foot of the proposed property had bean notified.
A member of thE audien�e who said sMe was a resident of the area asked how many
people were notified. Mayor Liebl said there was only one owner on one side,
and that is Viewcon. He added or� the other side is the freeway, l 69�, he added
he did nat believe ther�: were any other prople involved. The resident repeated
h�r question and asked i� any one lived within the 30Q foot area? Mayor Lieb)
askesd the City Engineer how many people live within the 300 foot area and how
many people wer� notified? The Gity Engineer �aid there are homes on the south
5ide of the freeway that are within 300 feet of the proposed sign. He said
there w�re a total of flv� p�ople on the south side of the freeway and the
devesloper a�d his bank. TMe City �ngineer read the names of those notified.
Mr. Geor�a Pagnucco, 152� Berne Rd., Fridley, said he believed there were
other c�onsiderations in this matter. He said the area people had purchased
land because Qf the wooded view, the eanstruction of th� sign would detract
from this view and bring down the yalue of their pr-aperty. He stated there
i� a)ready c�ne sign in the ar�a. Mayor L,iebl said the reason for the hearing
was tQ determfne if th�re were any ob�jecti.ons t4 khe construction of a sign
similar to the signs on Univ�rsity and East River Road, Mayor �iebl asked if
ther� w�re any more persons wi�hing to comment, Th�re was no response.
MOTION by Gouncilman Utter to �lose the Pub1iG Hearing, Seconded by Councilman;
N�e. Upan a voice vote, al! voting aye, Mayor, liebl declared the motion
�arried unanimously, and the Public tiearing closed at 7;5�.
FUBLIG M€ARING REQUEST ON A VACATION REQUEST 72-0�� NORTHWESTERN BELL T�LE-
PHONE GOMPANY, TO VACATE NORTH/SOUTH ALLEY IN BLQCK 11 HYDE PARK ADDITION:
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PUBLIC HEARING MEETING, FEBRUARY l�, 1973
RECEIVING �OMMUNICATION FROM_NORTHERN STATES PQWER COMPANY:
PAGE 4
M()TION by Gouncilman Utter �o waiye �he reading of the Public Hearing Notice,
Secondad by Councilman Starwalt, Upon a voice vote, all voting aye, Mayor
Liebl de�lared tM� motion carried unanimously.
The City E�►gine�r �aid th� p►'Aperty is betweE:n 59th and 60th streets and 2',
�nd jrd �treets in Hyde Park, He said the Planning Gommission recommended
�pproval of the vacation if it were to include only the property under the
control of Northwestern Bel1 Telephone Company. He referred to the map in
the agenda indicating the preliminary layout of the p�oposed building by
Norkhwestern 5�11 T�lephone Gompany. The �it.y Engineer said the Engineering
Department had received a letter from Northern States Power Company stating
they had no qbjeetions to the vacation of thf alley as long as a permanent
easem�nt is granted on bo�h the north and south sides of the property enabling
them to serve their existing customers without relocating their present facili-
ties.
MOTION by Councilman Breider to receive the r.ommunieations from Northern
States Power Company and Northwestern Bell Te�lephone CQmpany. Seconded by
Councilman Utter. Upon a voice vote, atl vot:ing aye, Mayor Liebl de+clared the
motion carried unanimously.
Mayor l.iebl asked the City Engineer if accor�ling to the preliminary building
proposal, the vacations would be mandatory to comply with the Ordinanc�. The
City Engine�r sald th�y weneand if they were to build the proposed 20Q,000
squere fooi building, they must vacate the alley to eomply with the s�t baek
regulations.
Councilman Nee asked if the n�rthwPSt corner of the block would be marketable
as commercial pr4perty: He said the resident:s of the area questioned the
direction the building would be facing and tf�e access that wauld be used, he
added there was concern at increased use of t.he streets. F{e asked Pf the
persons in th� area wishing to add to or eonstruc� hvmes in the area in ths
future would be allowed to do so with the prE;sent zoning. Councilman �reider
said they would be allowed to build on th� luts, but they must be notified
that the land is commercial,
Mayor Li�bl asked ifi there would be any variances in tha
block, and would any of the neighbor's view� be blpeked?
said the set bacl�s are uniform.
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frontset back on the �
The City Engineer
CounCilman Nee said the peopl� of the area Sald they wcauld like some expre�siQn,
from the�Council whethcr or npt the remainin� 14ts in th� blo�k shou1d be
zoned R-3, He said they wer� concerned at,wh�ther pr not they would be able
ta finance th� land thrQUgh FHA if it i� zoned �camm�r�ial, Cquncilman Nee
said they beli�;ved the presenX zcaning was �limina�ing the pos�ibility of buying
�nd sellinc� resid�ntial property,
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PUBLIG HEARING MEETING OF FESRUARY 12, 1973
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PAGE 5
' Mayor Lieb1 said 99% of the people in the area had signed a petition request-
inc� the area be zon�d eammercial, He added, there are some empty lots in the
area and same older Mom�s. He said the people are trying to develop the area.
He add�d, th�r� is a 2Q,Q00 square faot requirement fpr cammercial lots. He
, sald this r�quireme�t i� enforced throughou� Frldley.
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Mr. L, A, Muggli� ,��2$ pupAn� AVe, S., Minneapolis, said he was involved in
the matter a� he awned sam� land at tha end of the bioek. Mr. Muggli asked
Councilman UXter if he was aware that one of the homes in the block did not
have a basement. Mr�, ,lensen said Mr. Mugglj was talkin� abaut their
home . M r. Muggll 1lst�d a number of qbjeGts Chat are currently occu-
pying the alley such as garbage cans, trailers, and a disposal bunker. He
said the alley is not Qpen now. Me stated he had friends in the area wha had
na ob�action to the entire a11ey beiny closed� but �hose who are objec�ing to
• tf�e closing of the alley are the ane� who have ft clQSed at the present time,
Mr. Muggli said he had made three trips thrq�gh the area in the past few days,
and assurcd �he Council that there is no op�n alley.
. Mayor �iebl asked Mr. Muggli if he was in favor of the vacation? Mr. Muggli
said he was in favor of vacating the entire altey, not just one portion,
leaving two short seckions of a]ley.
The Gity �ngineer said the Qniy portion of the alley being used is that por-
tion that i� used for the apa�rtment access to the parking lot the rest of the
alley is completely closed, f�n�ed, and impassible, Mr. Muggli asked if it
was Glased le�ally? Mayor Lieb1 said it is platted or City property, and it
Is not clos�cJ. He ask�d Mr. Muc�gli if he was opposed to the vacation of the
all�y owned by the '[elephone �pmpany. Mr. Muggll said he was not opposed.
Mr. Alan Jensen, said he would like to clarify what Mr. Muggli was talking
about. Me said�h� did nat b�;li�ve the Telephane Company should construct
a building in the middl� pf the block. Mc� believed they should start at one
�nd pr another. He said he wauld not be oppased i� they built on the end of
the block. He said the p1ar� would leave them two alternative�, pne; Sel1 �
�heir property as commer�ial; and two, to s�:ll as residential, Ha said they
have no guarantee that they can �e11 fQr r�sidential because �hey do nat know
ifi they can finance through FMA or GI in � eommercial �rea for a residential
property.
Fi� said h�e is faced with a problem, hi� hame may becom� too small for his
family, should he �ell rar expand? Mr. ;lensen said hs could not afford ta sell
the hQme at a 1os; or wlth zero prcafi� only beGause he is boxed in by comm�r-
cial dev�lopm�nt, He add�d, two of the property owners in th� area have been
approach�d by Northwestern 8�#1 and th� T�lephone Company has options to buy
their land. Another home owner has been approached and has been asked to �on-
sider selling to them if they do decide to sell, He said he hoped the Ctty
would not allow anyone ta ge� squeezed in at th� end of the block. He said
it may �nd up ta be two apartments and one hom� at the end of the block.
PUBLIC HEARING MEETING OF FEBRUARY 12, 1�73
PAG£ 6
Mayor �.ei�bl asked when Mr, Jensen had purchased the four plex? Mr. Jensen
said he did not own a faur plex, his home was a single family dweiling. He
added, he had purchased the home from Mr, and Mrs. $trand. Mayor l.iebl asked
if at the time of pur�hase he was told that the property was zoned commercial?
Mr. ,�ensen said they did not know it was commercial. He �aid they had obtained
an FHA loan and there was a title search at that t�me and nothing was ever
mentianed or found out about fihe rezoning, He said this was in April of 197Q.
Mr, Jensen added some months leter someone knocked on the door and told him
he had cammercial pfoperty.
Mayor Liebl asked the Gity �ngineer what date the rezoni,ng had been approved.
The Gity �ngineer said he could not recall an exact date as the matter had
been discussed far �o many years, ;
Mrs. J�nsen stated the date was May �t, 1970. She added, FHA was very explicit
in saying they would not guarantee a loan in commercial property. She said
they nad confronted FHA asking why they had not discovered the zoning before
they apprpved the loan on the property. They said they had looked into it,
but had not discovered the change.
Mr. ,lensen stated he opposed the plans proposed by Northwestern Bell because
of th� site and this was the only reason.
Mayor Liebl said the land ls zon�d and this can not be changed at the present
time. Mayor Liebl said the Jensen's would not object if Northwestern Bell
were to purchase their property. Mr. ,lensen said they should work with the
rest of the property owners to ses that no individual gets squeezed out of
the development of the area,
Mayor Liebl said this is the reason the commercial building must face 3rd
$treet, the City wanted to make certain there would be a buffer zone between
R-3 and the Commereial property. He added it may be that in the future some-
one will construct a high rise in that area, this wouid be beneficial to the
community. H� said, if the building were to face 22 Street, it would destroy
the entlre effect of the ordinance, He said the C�ty can not force the Tele-
phone Company to make some agreement with Che Jensen's. If the Company ex-
pands in that direction, they would negotiate at that time. He said at the
present time, the anly item thet needs approva) is the matter of the vacation.
Mr. JEnsen said the Mayor had mentioned a buffer zone, was this the same as
a�et back, he asked. Mayor Liebl said in a residential area the set back is
35 feet from the curb. Me continued, in commercial property the City requires
the same amount of area and parking facilities, as youhave in a commerciat
area he said to Mr. J�nsen, this app1ies to your area, Mayor Liebl mentioned
there are some elde�ly citizens in that area and they are willing to sell. H�
5aid, he was now talking on a big scale, or about a developer who would be abie
to buy a great deal of Hyde Park, He added, this was the reason for the ori-
ginal rezoning request.
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PUBL,IC HEARING M�ETING OF F�BRUARY 12, 1973
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PAGE 7
Councilman iJtter asked if th�re wore a possibil(ty of the Tel�phane Company
acquiring more land in tho araa? Mr. pokken� of Northwestern B�il Talephone
GompanyR sald thera �is a defin�ta possibiltty that they may want to �cqulre
mores land in the n�xt fifty ta seventy-five y�sar�� but at the� present time,
tha Cpmpany has acquired enough land to adequately proyide for the bullding
and any axpansian, H� said ha was unable ta aay whether or not they would
want mor� prop�;rty in tha futura. He sald they did not have any options on
th� prop�rty in th� area,.he said.they had th� flrst refusal on one home and
th�y h�v� x�lked to twa other parties stating if th8y se11 their land, the
fi�lephones Company would like to bid on ft. H� said if any other home owners
in the ar�a wauld lfke to sel) in th� future, the T�l�phone Company would
look v�ry hard at the proposal.
Mayor Liebl asked if the p�opl� would receive a commer�,la1 price for their
prapsrty. The Telephone Company representattva saPd they would pay more than
ths resid�nttal a�ount. Mayor l,iebl asked tf when th�y purchase lots with
houses on them, would Lh�y Gon�id�r the� fact+tizat the land did have a house
�� it aod pay mare for it. The R�presentative Sald they had paid mor� for
th� homes than they were warth.
t"'i�:.• �►.olckerr �aid the building would be thexe� fax qui�e a iew years, but .
t.hay wau].d nat rapidl� reach their capacit� in spaQe, there would be limitsd
ex,pa��ion. �
�laypr �,iebl said it had ta�isen twa year9 to rexone the area to aaa�aeraial.
He said �he�a ware� ob j eationa ta ��pgra►di.ag the are�a► by the pxopexty owr�ers ,
He �aid, the plana would not bs e#f'aa�ive ia�edia�e].y, �.t would tak� �oa�s y�sara
'kc< d��slop �he axea. Hs said, �hey weze in �a po�i�ior� whexs th�x muet
ea�aras the� �4ning resitriatio�,s s�t bX previaus Council member�s. He
aidded, he did not see much chance for �uturs COUriG�,1S changing the zonir�q
of the a��a.
' M�i�ox I�ieb�, a�k�d Mr. Do�cicen i� the '��].e�hone C�a�any cauld giv� the
proper�y ow�er� �some ds�urance �tha�� they wau1�1 �zan�idsr purahasing their
land in th� future, Mr. Dolsket� �t�,id there �nay be a�o�sib�.lity, but h�
wa�a a�n emploxee . ancl aould not �ay �cax aure � Mr . Dokken said the Company
' i wa� in�.eze��sQ, in having enou�h propezty ian the axe�, to take care of ti�e
�xpau��ian. He amid �khia would b� a large iavestmen� in buildinqs and
�taiteriala. .
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Mayor L.iebl asksd �f �i� waa the �xesaz�t �la�R l�r. Aokken said �t wats.
He mon'�ioned thsre was just A hand fu11 cf empi�a�►es� to be employsd At
ti'►s� sw�tahin� atation, and thexe was no need �o� a large parking lot.
Mayor L�,�� asked i! Mr. Peka wna gzesent at the me�etinq. There was
x�o•rea�ons�, Mx, Dokken of the Telepho�e Cc�npanX said Mr. Peka would
r►o ],on��x be vancerned about the i�eus ae the,Talephone Companx had purcha�ed
his �roperty,
Couna�lman Starwal� �aid h� wauld like to alert tb� �asaple at the area
not �4 locak foar �am� kind aP la�'qe propert�+ +aettlement.
� Mayar T.i�1a� aaid it wouid ba po�afble ioz t.i�� zema��.ning propexty owner�
��� fihe A►�e� to co�b�.ne their lots a�nd reGeiv� Vdx'i+�aCQB on the property saae
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PUBLIC HEARING MEETZNG OF FEBRUARX 12, 1973
Page 8
`� MOTION by Ccuncilman Starwalt tv close the Public Hgarinq, g@QQnded
by Cauncilman Utter. Upon a voice vots, a11 voting aye, Mayor Liebl
declared the motion carried unanimously and the Public Hearing closed
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at 9:08 p.m.
PUBLTC HEARING QN SANITARY SEWER WiATER AND STpgM $EWER ZMpgpVEMENT
F'RAJECT #112s
MOTION by Councilm�an Hreider to waive the reading of th� 8ublic I3earing
Notice. Seconded by Councilman Utter. Upon a voice vote, all voting
aye, Mayor Liebl declared the motion carr�.ed unanimously.
Mayor I,iebl queationed if the proposed sto�m sewer would be adequate
for the ultiatate needa of the area in thQ £utuxe? The Gity Enqineer said
the plan met the �tandards of the past Counail's, and he felt it was more
than adequate to take care of the run aff of the area.
Mayor Liabl queati.oned the variations in the aize pipe being used saying,
he did not underst�nd why it started ax �1 inches �nd continued down to
1B, 15, and 12 inches. The City Er�gin�er said the $iza had been incxeased
to handle the addi:Eional back up ponding water. Mayor Li�bl aqain questioned
t,lhhether �his would be a permanent system, He asked, what would happen to th�,
water that has besn directed inta the pond, would it evaporate7 The City
Engineez explained the reason �or the panding as an attempt to create ponding
and maintain the a7.1 around beauty of the a�rea. He added, a certain amount
o� precipitation would be directed into New Brighton. Mayor �,iebl said
he was aoncexned because of the geological ra�ge af th� area, would the
people be assesaed again aome time ia the future? He asked, would the
projeat take care of the area for the r�ext fifty ysars?
The City Engineer said there woubd be a possible double a�aessment if the
presently planned pcnding system wa� ane that was not wanted by the people
in the azea in �he future. He ass�ur�� th� Counail that all tho�e purahasing
property had ��en the maps of the area witka th� ponding and natural wooded
terrain, he did not believe there wc,uld be a cha�nge in th� kind of area
that was desired.
MaXor L,��l asked if there would be m laqal groblem �f thexe were dauble
asssssm�nts? The �ity Attorney said there wQU1d be no legal problem,
but t,here max be a political problem.
�'he City Attaxney ask�d if the Deve,lopax wouid be p�yinq all the cost
of tho �seesament�a? The CitX Engiaeer said a� ths gresent time he own�
all of t�e pxop�xty. �he City Attarney aaid thare ie no quarantee t11at he
will pay all of the asses�mente. Th� Gity Engiz�eez said the developer
m�y Pay a�. �he pres�nt time, but the cost waulcl be c�ivided between the
individual pzc�perty owners. �'he �ity Financs DirectQr said �khis was true.
The Mayor aaked if �.t would be paasibls ta a�sssss t.he �.ndividuals again?
Tha C�,ty A�tornex said iP a de£inite neod �or th� pra�act would be
ahowr� and the people would benefit, i� could bs dcr�es. Mayor i,iek�1 suggest�d
thers may be a s�orcny �ity Hall if the peopie ar� a�+�eo�ed twice'for the
same project, '�h� M�yer s�res�ed, tixe Gity should no� �aseas the people
anc#t�}er �apQ.P� �.x� twq yeara,
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PUBLIC HEARING MEETING OF FEBRUARY 12, 1973
Page 9
The City Attorney said it would be �assible to put some type of label
cn tlne assessment such as an interim assessment. The MaXor said the
Engineering department and staff should znake this a�aatter of record.
Councilman Utter stressed tha� some peop],e may not like the gondinq areas.
He mentioned a man he knew that put in his own sewer and the City assessed
him �'or it. He asked if this would be done in this area eventually.
The City Engineer said it would be diffiault for one Council to foresee
what another Council is going to do.
Mayor Liebl asked if the pondinq portion of the area was zonec3 R-3 or
R-1? The City Engineer pointed the areas out on a maF showing the pondinq
areas� as beinq in both types of zoning.
C�ouncilman Starwalt stressed the need to inform the people of the concept
being used and if they want a change ten years from now, what it wquld
involve. Councilman Brei�er said the lake is in existance at the present
time. He �sked the City Engineer if there are any lots abutting the lake
at the present time, The City Engineer said there were,
I Mayor Liebl listed the various assessment charges for each individual in
the area, stating they may pay as much as $2,600.00. He said if the
City would assess them again in Eive years, there would be trou}ale..
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Councilman Breider said the peo�le in the area would be aware o£ the
ponding and would want to purchase land in such an area. He said if they
do enjoX this type of area they Would have to keep �he aewex' system as it is
now being planned. He added, this is what the people of the area want.
Counc3l.man Starwalt said some people have very short memories and they may
forqet sometime in the future that this was ncat a full system. Councilman
Breider asked Councilman starwalt if he wa5 in favor of a closed storm
sewer system. Councilman Sta�walt said no.
The City Enqineer said al1 the sales offices show the.ponding areas. An
individual could not come bacic and say he did not like the area, as it
is showr� this way on all the ma�s.
,A representative from Viewcon said there is a$1,2p0.Op to $1,500.00
;p�remium on the lots which abut the pondinc� 2�reas. MayQr Liebl said
:the City had issued a bui.ldinc� permit to t,he developer and the area
�should be developed and th�re should be an adequate amount of money set
#a$ide for the project. After the dev�loper has completed his work
`in the area, said Mayor Liebl, he will move on and the City will bear�
the brunt Qf the problem. The Viewcon Rep�esentative said the single
�'�amily lots are without assessments becausQ th�y da not know the amount
of t,he assessment and the mor�ey wa� put inta escrow.
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Councilrnan Nee asked the posaibi°�ity of New �rigk�ton same day beinq
z�spon�ible ta the City of �'ridl�ey. He said, co�ld it be determined that
one area would be in one part o£ the system and sinoth,er in a�nother area.
The City Enc�ineer said the City did have aome responsibility to New
Bzxghton. F�e added, it would be possibie to cal� part of the system lateral
and some Qf it as main in�.erception.
, I�ouricil.man Utter �sked if i�, would b� pASaible to check into the minutes
o� � previa�ts meeting. He said, he rec�lled there had been a per lot
asr�as�ent eat��.ish�d �or t�he ar�a, xhe city �ngineer raid �h�,q wr�s
��p,�, , �, ���.•� ,� � .. , ,a;��;. , , �, ��- .�a�a , �.
PUBLIC HEARING ME�TING OF F�BRUARY 12, 1973
£or the Rice Creek Roaci a�ea and another project.
Page 10
MOTION by Councilman Breider ta close the Public Hearing. Seconded by
Councilman Utter. upon a voice vote, a11 voting aye, Mayor Liebl declared
the motion carried unanimously and the Public HeaXing closed at 9:32 p.m.
�ONSIAERATION OF AWARDING CONTRACT FOR W#F109 (TABLED FEBRUARY 5, 1973):
Mayor I�iebl called on the City Engineer to determine the results of his
investiqation on awarding the bid. The City Eng�neer said there had
been a great deal ot differenae in the amounts of the bids, he added,
they ranged from $6,000 to $18,000 for the project. He said he felt the
bid submitted by the 3esse Jatnes Deaorating Company had been low at
$6;400, and he wanted to be certain the bidder was competent and vould do
tiae work. The City Engineer said he hac� been in contact with the bi8der
and, although, he had not done this type of work in the past, the work
he had done was reported as competent by thoae who had obtained his
services. The City Engineer said he recommended the awarding of the
contract to the Jesse 3ames Decorating Company.
MOTION by Councilman Breider. to aWard the contract for water iatprovement
project #109-A, painting of filtration plant No. 2 to the �'esse F. James
pecorating Com�any in the amount of $6,400.00 to be completed within
43 days. Seconded by Councilman Utter. Upon a voice vote, all voting
aye, Mayor Liebl declared the motion carried unani.mously.
RESOLUTION #26-1973 - AUTHORIZING ADVERTISEMENT �OR BIDS: SIDEWALK
SNOWPLOW (T.ABLED FEBRUARY 5, 1973):
Mayor Liebl called.on Councilman Utter to present the results of his
investigation on the proposed plow. Councilman Utter said he had chacked
with; a few people, some of them employees of the City. He said, if the
Council wanted the names o� those peopla he would furnish them. He said
one employee in the department where the plow would be used, believed
$9,OOQ.00 was out of line for a piece of equipment that would only be
used three months of the year. He added, machinery of this tyge would
require additional maintenance if it would just sit most of the year.
The City Engineer referred to the report in the agenda saying they had
also consulted the people involved to ge� relative inputs. He said,
the City o� Fridley must first make a decision on whether or nat to
continue plowing snow. Secandly, he said, the City o� �'ridley must decide
if it wants an efficient snow removal program. He men�ioned several pieces
o� equipment have been purchased in the past that are �o0 1ighC to take
care of the packec� snow and it bas involved tao many manhours �or the snaw
�cemova�l. He said, i.f we are going to plow the sidew�►�lts, it will be
necessary to purchase equipment that wi11 da the job. With the present�
ec�uipment i� may take as many as two to tY�ree daya tp ciear the City's
sevez� miles of sidewalks. The City Engineer said he h�_3 checked with a
number oi� Ci�ies and in B�oomington there are 100 milea of sidewalks that
are �lowed �n eight hours with the prapo�ed plow, in Burn�vill� the �lawing
is done in three hours, and �.r� W2°�ite �ea� Lake, there are 2Q miles a�
sidg;walk and it i� done in nine hours.
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PUBLIC HEARING MEETING OF FEBRUARY 12, 1973
Page 11
The City Engineer said the plow may be used for digqing, minor excav�tion,
alley snow plowing, the clearing of drainaga ditches, and the plowing
of parking areas. The City Engineer said Rusty Silseth and Les Chesney
had signed a communiaation statinq their views 4n the proposed plow.
The City Enqineer said Mr. Silseth as we11 as the street foreman were
preaent.
Mayor Liebl said, the City must plow the sidewalks as they have agreed to do
so. He asked Mr. Silseth if the proposed plow was track driven? Mr.
Silseth said it was on a rubber track. Mr. Silssth said with light
equipment, they can plow thraugh the month of December without much
difficulty. He added, January through the end of the winter month is
the problem'time. Mr. Silseth said there is no place to put the accumulated
snow. He added, the proposed plow is no miracle machine, if the snow were
four feet high, it would not do the job either. He added, he believed with
a normal snow fall, this would be a good machine.
Councilman Utter said he would likc3 to add a few more words. He said he
had talked with Mr. Chesney, and Mr. Chesney had indicated the plow to
be too expensive. Councilman Utter said that for the past two years
the City had contracted the �now removal from the sidewalks for $400.00 per
year. He said for twa years, the project had cost only $800.00, and he
could not see putting $9,000,00 into this machine. He said the life
expectancy,of the plow was expected to be ten to fifteen years.
Cpuncilman Utter asked which of the statements in the communication
were made by Mr. Chesney? He said it was impossible to determine which
, of the men were for the proposal and which was opposed. He said their
are twa signatures and many statements.
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The City Manager said a set amount had been budgeted for a snow plow
for the purpose of clearinc� the sidewalks. At this time, he added, the
estimates were inaccurate and there has,been a cost escalation. The
City Manager said the $6,000.00 in the budget was not what the public
warks director had in mind to purchase a plow. He added, the job could not
be done as it is presently being done. He said, the public works department
would like to complete the job adequately in the least possible time. He
added, the present job is not what they would like to see continue, if
the Council believes it is adequate, there would be no need to purchase
ariy equipment .
Councilman Breider asked what was to be done with the high banks of
snow? Mr. Olson said they did have a Cub that operates at the top
speed pf five miles per hour and it is not able �o plow the snow at this
rate of speed. He added, this speed can be obtained on dry pavement,
not while plowing. He said, the proposed Bombardier will operate up
tp 25 miles per hour enabling it tp move the snow farther from the
aidewalks �nd the banks will not build up so high. With a faster m3chine,
he said, the snow can be thrown off the plow. '
� Councilman Starwalt asked where the seven miles of sidewalk were.located
and que�tioned how it cane about that the City is responsible for the
plawing of the si�lewalk�? '�he City Engineer said the City had worked
��.t,,�h, �kh� Sc�oo� Bpard in the areas were th�re �s heavy traffic and the
� ehildren must walk to SCh00�. He said at this time tY�q le�gth of sidewalks
PUBLIC HEARING MEETING OF FEBRUARY 12, 1973 Page 12
installed is seven miles. He listed some oi the area� as along Osborne
Rc�ad and Mississippi Street. He said, at the time this was proposed, there
was some opposition from the citi�ens as they would have to plow the side-
walks sq the City agreed to take care of the plowing.
CAUnca.lman Nee asked if there were a hazard to the children with the
increased speed af the proposed plow? Mr. Silseth said they have been
doing the plowing around the schools before the children go to school
and working on the areas where there are no children the remainder oi
the day.
Councilman Utter asked if the �low were fast enouqh to throw the snow,
what would the City do when the number of people complaining of the
snow being thrown up onto their property increased? Will the City be
forced to buy shrubery for the people too7
Mr. Olsan said at the present time, the plow movea so slow that the
snaw is not removed from the sidewalk, it just follows the plow. Council-
man Starwalt asked if the plow could be leased far one year? The City
Manaqer said he and the City Engineez had me� with a representative frou�
the Company that morning. He said, this is a s�ecialized type pf equipment
and it is not the type of equipment that can be leased. He said the
manufacturer provides the equipment if ordered.
Mayor Liebl said the plow could be uaed on the City ice rinks, and to
move dirt, and if it has enough force, it ean be used in two to three
other ways.
MOTION by Councilman Breider to adopt Resolution #26-�.973 and advertise
for bids fo� a sidewalk snow plow. Seconded by Counci�man Nee. Upon
a voice vote, Starwalt, Liebl, Nes and Breider voting aye, Utter voting
nay, Maxor Liebl declared the motion carried four to one.
Councilman Utter said he believed the Council was defeating its own
purpose. He said they had spent a great deal of time working on cutting
thE: budget and only allowing the sum of $6,000.00 for the plow. He said
he believeci it to be ridiculous to deliberately cut the budget down
bx $4,000.00 and turn around and spend the total amount anyway.
COMMUNTCATIONS REGARDING COMMUNICATTONS FROM MINNESOTA DEPARTMEI�TT OF
MILITARY AFFAIRS CONCERNING NATIONAL GUARD UNITS (TABLED FEBRUARY 5, 1973):
Mayoz' Liebl said the letter asked Fridley to evaluate the possibility
of establishing a Fridley National Guard Unit. Mayor Liebl suqgested the
Council refer the item to the Planning Commission for theiz study
and recommendations.
MOTION by Councilman Starwalt to refer Major Ger�eral Moeglein's lettex
and request to the Planninq Commission. Seconded by Coundilman $reider.
AMENDMENT TO THE MOTZON mad2 by Councilman Nee that the City Manager
c4ntact Major General Moeglein requesting additional information on the
s�ze, �ype and location of suitable property for this proposed unit.
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PUBLIG HEARTNG MEETING OF FEBRUARY 12, 1973
Seaonded by Conncilman Utter. Upon a vaice vote, all voting aye,
Mayor Lieb1 declared the motion carried unanimously,
UPON A VOICE VOTE, all voting aye, Mayor Li�bl declared the original
tt►r�tian carried unanimously. ,
' DISCUSSION REGARDING PROPOSAL FOR FRIDLEY VOLUNTEER FIREMEN�S RELIEF
ASSOCIP��I ON :
Page 13
�he City Manager said a proposal had been submitted to himself and the
� Council by the Fridley �iremen's Retirement Plan Association. He said
he had met w�th Mr. Rober� Aldrich and member$ of the Association and he
was not prepared to reach any conclusions at the present time. The City
' Manager said Mr, Aldrich requested the Council receive the communications
«�t the present time.
, Mayoac Liebl said tY�ere was a letter stating �he certain changes and
listing the costs, also a letter from Stennes and Associates, dated
pecember 21, 1973. Mayor Liebl suggested the Council meet with Mr.
Aldri.ch and a delegation from the Fire Department and discuss tha ways
' and means of a possible solution. Mayor Lieb1 commendsd the Fire
Aepartment as being the most efficient Department financially, adding
they provide many services.
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The City Manaqer said he wauld like to pursue his negotiations with the
Penaion Assoiation and if no decision is reached, the Council couTd meet
with the members and he wQUld make recommandations to the Council at that
time. He suggested negotiations such as set up with �he Police Penai.on
Association.
MOTION by Councilman Utter to receive the communa.ca�ions. Seconded
by Councilman Breider. Upon a vpice vote, all vc�ting aye, MaXar Liebl
dealaXed the motion carried unanimously.
Mr. Robert Aldrich, Pension Association, addressed the Council. He said
the Association was not about to resolve tY�e p�an that niqht, but he
asked i� he might present the Council w�.th some additional information.
He stated r the plan had been �ompletely fundeci accordinc� to the Guidlines
Act of 1969. He said it would be nice to spend six months on the plan,
but�ti,me did not allow this as it must be submitted to the legislature as
a bill within the present seseion. He said he agreed with Mr. Aavis
in that they should have additional meetinge with Mr. Aavis and his staff.
� MOfiION by Councilman Breider to authorize the aclministration to meet
' with the Pension Association to•determine a possible plan and return to
the Counail with a plan if it is obtained by the first meeting in Marah.
Secon$ed by Councilman Nee.
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Mayor Liebl asked the City Manager if it would be possible to pxesent
the Counail with a plan by the first meeting in March? The City Manager
said it wauld be possible. '
MaXQr Lieb� aaked the Cit� �ttorney if he could prepare the bill to be
�uiamitted �.o the legislatur� within a few day� after the Council approval
PUBLIC HF'�RING MEETING ��F FEBRUARY 12, 1973 Pa e 14 ,
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oi the plan. The City Attorney said this wo�ld be possible.
UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion
carried unanimously.
REC�IVING ANNUAT� FINANGIAL REPORT OF THE FRIDLEY POLICE PE�TSION ASSOCIATION
FOR_TFIE YEAR ENAED DECEMBER 31, 1972: '
MOTION by Councilman Utter to receive the financial report. Seconded by
Councilmar� Nee. Upon a voice vote, all voting aye, Mayor Liebl declared
the motion carried unanimously.
ATSCUSSION ON HOUSE FILE 295 (S.F. 365) AMENDIIVG THE PUBLIC EMPLOYMENT
LABOR RELA,TIONS ACT OF 1971:
�'aae City Manager said he had met with Burke Raymond on the first heaxing
c�f the bi11. He said the past Saturday some of the Councilmen and himself
had met with the Legislators of the area and David Kennedy had prepared
an alternate bill that was discussed at this time. He said he was not
sure all the members of the Council had a chance to review the bill,
but there was not much time for delay as the next hearing would be held
the next morning. The City Manager said the Act attempted to give public
employees the rights given to private employees in the labor relations field.
He said the House File 295 tended to give too much ta the puhlic emplayees
and their powers of reasoning. He said, 295 does make some changes by
strenqthing some points and leaving deficiencies in other areas.
Mayor Liebl suggested submitting the alternative bill to the two legislators
from the district and asking them ta look at it.
The City Manager stated some of the reason� why he bel3eved the House File
295 shouid be subst�tuted by the alternative bill. Mayor Liebl asked the
City Manager if he beiieved there would be pitfalls in the House File 295's
accaptance? The City Manager said yes, if �he bi11 were adopted and not amended.
MOTION by t,'�ouncilman Breider to adopt Resolution #25-1973. Seconded by
Gouncilman Utter. Upon a vo��e vote, all voting aye, Mayor Liebl declared
the motion carried unanimously.
COMMUNI�ATIONS:
VILI.AGE OF MOUNDS VIEW: VILI.AGE OF NEW BRIGHTON VS. METROPOLITAN COUNCIL ET AL:
The City Attorney said in general he did not believe the Council of Fridley
shared the concern with the �ouncil i`rom Mounds Vi.ew. He added, he believed,
the City should indicate they are willing to sup,port the position of the
Metro Council and provide witnesses, but he did not believe it was necessary
to sgend the a.mount o� money that k�ad been stated. .
Councilman Breider said he believ�d there is already a great deal of involvement
with 1aw suits over the sewer. Ha d�d believe the City should give some
support to the Metrp Council in o,�position to �Tew Brighton in the sui:�.
Mayar Liebl said he tk�ougi�t this would be in the ]aest interest of the City,
bu� k�e di,d �o� want to s,pend �noney on thq pro ject,
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PUBLIC HEARING MEETING OF FEBRUARY 12, 1973
PaGE )S
MOTION by Councilman Breider to a�thorize the City Manager or the Gity Engin�er
to serve as witnesses for the Mexro Gauncil in support of their position.
Seconded by Councilman Nee, Upon a voice vote, a)1 voting aye, Mayor �iebl
declared the motion carried unanimously.
H�NNEPIN GOUNTY LEAGUE OF MUNICIPALITIES: THEIR POSITION IN REGARD TO THE
M�TROPOLITAN COUNCIL:
MOTION by Councilman Nee to receive the communication. Seconded by Councilman
Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion
carried unanimously.
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MIK� 0'BANNON - PROPOSAL FOR CITY TQ REC�IV� PARK LAND IN LIEU OF SEWEI%
ASSESSMENT:
Mayor Liebl called on Mr, Mfke 0'Bannon to present his proposal to the Council.
Mr. 0'Bannon addres.sed the �ouncil saying he had met with the City Manager and
the G�ty Engineer the previous week and had presented his proposal to them at
that tir�ie, He said, his proposal was to dedi�ate property to the City, as
park land in lieu of storm sewer assessments.
Mr, p'Bannon said he had been toid that the assessments in his second addition
would be approximately $800.00 per lot and they had previously �liscussed assess-
ments of $300.00 for the lots in Innsbruck. He said, he did not think he was
being treated equally.
I Mr, 0'Bannon explained the area to be about two and a half acres with a big
catch hole basin. He said, there were about seven lots included in the area
and most of those lots are worth approximately $3,000.00 before the utilities
, installation. He said the total amount of the area would be about $21,000.00
and he was willing to deed the land to the �ity in lieu of future storm sewer
assessments in the area, plus the City paying him $5,000.00 for the property.
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Mayor Liebl said he believed the $�cond Ward Councilman should take a look
at the area. He asked, as this procedure has not been fallowed in the past,
how could the C�ty not assess for a storm sewer? Mr, p'Bannon suggested
allowing him an $800.00 credit per lot, Mayor Liebl said he did not know if
the City could do this. Mayor Liebl asked if it would be possible for Mr.
0'Bannon to give the City land for money?
The City Engineer said the storm sewer in the Innsbruck North development was
partiaily constructed by Viewcon, this is the reason for the assessments being
lower. Mr. 0'Bannon said he lives in Marion Hi115, and he was assessed $100.00
for a storm sewer, and along came Columbia Heights and put in a dam, and he
was assessed twice. Mr, 0'Bannon added, there is no project designation in
this area, he said, he was only asking for some consideration.
Mayor Liebl said he would like the Ward Councilman to look at the land, He
s�aid, he did not believe they could settle th� ttem that evening.
PUBLIC NEARING MEE�"1NG ?:r FEBRUARY 12, 1973
PAGE 16
Mayor Liebl asked if Mr. 0'Bannon had registered the land? Mr. 0'Bannon said
he eould not register it as the City Manager had not signed ths plat. The
City Managersaid he believed this matter should be worked out before it is
signed.
The Mayor added, Mr, 0'Bannon must have land to drain the run off water and he�
is proposiny providing that land. Mr. 0'Bannon asked if $$00.00 on his property
and $300.00 on the ViewGOn property per lot is a reasonable assessment. He
added, he was willing to give the City all of the land for $5,000.00.
The City Engineer said this could be a permanent solution for the drainage of
the surrounding area if the Councii wanted to adopt tMis system. He said it
is a large area with a low area with the drop of about 60 feet. He added, there
would never be enough water to overflow the area.
Mayor Liebl asked if the Metro �ouncil would penalize the �ity for such an ac-
tion? The City Engineer said he did not believe so. He said the Metro Council
does approve of this concept of providing the ponding areas rather than drain-
ing all the land into the creeks.
The City Engineer said Mr, 0'Bannon's proposals are; one, the City pays him
$5,000.00 for the land; two, allow him to drain the area in the pond; three,
give him $800.00 credit per lot that is draining into the pond. Mr. Q'Bannon
sald the $5,000.00 could be paid to�him the next year.
The City Attorney said there would be no problems in buying the land for Park
1and, but he believed the Park Commissiqn should be made aware of the proposal.
Councilman Breider asked where the water would be going? Mr. 0'Bannon said
it would be drained into a gravel pit. The City Engineer said at the present
time the area is all sand.
The City Attorney suggested the Councilmen of the Ward and the Councilman at
Large look at the land and approve the plans.
Mr. 0'6annon asked if any municipality can levy an assessment before the land
is developed. The City Attorney said the municipality can require a developer
to put money in escrow to cover the assessments before the land is platted.
He said, money to cover the streets, water and sewer could be included in this,
and also the probable cost of the storm sewer. The City Attorney said in his
opinion, there would be nothing wrang in this procedure.
The City Finance Director said he did not think he was understanding the entire
p�pposal, He mentioned he did understand the City was to give Mr. 0'Bannon
��,000.00 for the land, but he asked where the $8Q0.00 credit would be coming
from? F�e asked how can the City give Mr. 0'Bannon credit for the assessments
on the land if the City was �o buy the property. Mr, Q'Bannon said the prop-
erty is worth $21,000.00, and he said he had been selling the lots for $10,000.p0
per lot, and $5,000.00 beforE improvements.
Councilman Breider asked
0'Bannon said there are
is a gravel pit that is
how many o�
o lots beiow
6 feet deep.
the lots are below the water level? Mr,
the water {evel, He said, the low area
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PUBLIC HEARING MEETING OF FEBRUARY 12, 1973
PAGE 17
Councilman Starwalt asked where the seven lots were. Mr. 0'Bannon and the
members of the Council discussed the location caf the lots at the map. Mr. 0'Bannon
said he would give the City two and a half acres and a 25 foot easement for a
road. He added, this area would make a very nice neighborhood park.
Councilman Starwalt asked Mr. 0'Bannon what work was to be started the follow-
ing Monday that would force the Council to approve or deny the proposal before
that time. Mr. 0'Bannon said there was no work to be done on the proposed area,
h� added, he wanted to do some work on the other areas before the road restric-
tions were in force.
Mayor Liebl said he had no objections to the plan, but feared setting a preci-
dent. He asked if the City would be required to maintain the area, and Mr.
0'Bannon said yes, this is why he had proposed giving the City an access. Mayor
Liebl asked what other elements would have to be considered in the draining.
Mr. 0'Bannon said there is a possibility the drainage area cautd be filled by
silting.
The City Engineer said if the City was thinking of having a ponding system to
take care of the drainage, this plan would take care of the surrounding area•.
He said, any property that would be drained into the pond would not be part
of the overall assessed project. The pond will take care of the drainage
and there would be no future project in that area, he added. He said, then the
individuals in the area would only be assessed the difference.
Mayar Liebl suggested a letter be drawn up protecXing the City so the developer
or property owners will not make demands in the future. The City Attorney
agreed, there should be a detailed list of obligations between the City and the
property owners. Mr. 0'Bannon suggested the easements be ptaced in the agree-
ment. The City Attorney asked Mr. 0'Bannon if on closing he would deliver
warrantee of deeds? Mr. 0'Rannon said �es.
Councilman Utter said there is no road into the area at the present time, Mr,
' 0'Bannon said he would put a road �nto the area and bulldoze that po rtion of
the iand at the same time allowing the City access, He added, he could not
develop the road until the Chies property is developed.
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Mayor Lieb) asked if the City would be left holding the ba9 after the land is �
develaped. He added, what guarantee would the Gity have that the people would
not demand a storm sewer project? He asked, if it were possible to incorporate �
this into the agreement?
Councilman Utter asked if the drainage area is visible to tF�e entire area?
Mr, 0'Bannon said it can only be seen from one lot, Councilman Utter asked
how the children wouid get rnto the park area? Would they have to go through
someone else's property, he questioned.
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Councilman Starwalt suggested Mr. 0'Bannon outline in detail what the proposals
on the plan would be in writing and as soon as possible. He said he did not
believe he was prepared to act,on the proposal at the present time.
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PUBLIC HEARING MEETING OF FEBRUARY 12, 1973
PAGE 18
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Councilman Breider aske� Mr. 0'Bannpn why he did i�ot develop the entire area ,
and use the area to drain the land without giving the land to the City? Mr.
p'Bannon said this was a possibility. Councilman Utter said Mr. 0'Bannon could
construct his own sewer project and the City Would give him credit for the
projeGt. �
The City EngineE:r said the $$00.00 would be assessed when the building starts,
he asked Mr. 0'Bannon if he was about to start building in the area? Mr. 0'Bannon '
said he had sold two of the lots, but he did not know when the building would
start.
Mr. 0'Bannon asked why he had not been charged the same amount as all the others
in Fridley, he added, he is no different than anybody else. Mr. 0'Bannon said
the City had come around and said the amount would be "X" number of dollars,
he questioned the reason for this.
The City Engineer suggested Mr, 0'Bannon go ahead with the construction of the
utilities that he is planning now and the Councilmen of the Ward, the Councilman
at Large, and the Park Board woiild review the land and the plans.
Mr. 0'Bannon questioned the purpose of preparing a proposal after the land is
reviewed, Councilman Starwalt said he thought the Council should reconsider
the proposal in two to three weeks time.
Councilman Breider asked if Mr. 0'Bannan was concerned with action because of
his planned work? Councilman Starwalt said Mr. 0'Bannon said, whether the
Council would approve his proposal or not had no bearing on the work t�> be started
the following Monday. '
Mayor Liebl suggested Mr. 0'Bannon go ahead and start the work and submit a
written proposal to the City.
MOTION by Councilman Utter to receive the communication from Mr. 0'Bannon.
S�conded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl
declared the motion carried unanimously.
�RNARD ROTTER, PRESIDENT, CASTLE MOBILE HOME, INC, REQUEST FOR REZONING FROM
P-D TQ R-1 BOURDEAUX'S SPRING BROOK ADDITION;
Mr. Bernard Rotter addressed the Council requesting a zoniny change from P-D
to R-1 in the Bourdeaux's Spring Brook Addition. He said there are presently
two homes in the development and there have been some lots sold, and in order
to continue the residential development, he was requesting a zoning change. He
said the land had been zoned P-p, Planned Development, by the previous owner,
Mr, Dumphy.
The City Engineer said Mr. Dumphy is no longer the owner of the property, The
City Engineer said some of the land Mad been approved for multiple and some
commercial. He added, in order to change the zoning, the developer would have
to go through the same process again.
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PUBLIC HEARING MEETING OF FEBRUARY 12, 1973
PAGE 19
Mayor Liebl asked the C�ty Attorney if it �s�possible to construct home in an
area zoned P-D. The Gity Attorney said it was possible.
Mayor Liebl asked the Ward Councilman Breider if he had any objections to
th� proposed zoning change and residential area? Councilman Breider said he
was all for property in that area, Mayor Liebl suggested Mr. Rotter work with
the administration and come back to the Council for approval of the plan at
the next meeting.
Gouncilman Nee said he be)ieved the plan a good one.
The City Attorney said there �hould be some sort of formal communication
pursuant to the Ordinance, if single family dwellings are to be placed on the
plats of land,
MOTION by Councilman Nee to permit construction of single family dwellings on
lot 4, B)ock 2, Bourdeaux's Spring Brook Addition, and lot 9, Block 2, Bourdeaux's
Spring Brook Addition, subject to approval by the Inspection Department; stipu-
lating further construction subject to a complete plan being submitted o� the
development plan and approved prior to any further construction. SeGOnded by
Councilman Breider, Upon a voice vote, Liebl, Nee, Breider, Startwalt voting
aye, Utte� abstaining, Mayor L�ebl declared the motion carried.
MOTION by Councilman Nee to adjourn the meeting. Seconded by Councilman Star-
walt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried
unanimously and the Public Nearing Meeting of February i2, 1973 adjourned at
11;30 p.m.
Respe�tfully submitted, ,
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�u.��-c.� � 1 �:s.�-..1:�,�
� patricia E�lis
Seeretary to the �ity Council
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Frank G. Liebl, Mayor
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OFFICIAL NOTICE
CITY OF FRIDLEY
PVBLIC �IEARING
BEFORE T8E
Clii C�V+R/�
.__., �
TO WB�OM IT MAY CONCERN:
NOTICE IS iLER�BX GIVEN that the Cit�► Council of the City ag Fridley
will meet ia the Couacil Chambers af the City Iiall at 7:30 P.M. on Moaday,
March 19, 1973 ta coneider the iollawing matter:
A requwst to reverae the house pian that was
__ ____ _ __
appraved with a 60 faot ixant yasd setback
by tiie Citq Gounci,l on Februaxy 26, 1973, ta
ailaw the conatructioa af a dwelling cn Lot 3,
Block 3, A1 Rose ,A,dditlon, the aame being
6230 Aiverview Terrace N.E., Fridley, Mianeaota.
(Aequest by DeGardner Construction, 7950
East River Road 21,E., Fridley, Minnesata.) �
Anyone who desires to be heard with refarence to the abave matter taay
be heard at this meeting.
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FitAt�R G. LIEBL
MAYOR
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Civil Enyi���•in* � T�I�pho�• 1Yt-6066
Mu�icipol l�in��.i�9 p'„�n�ineerr dc Surveyor� Ar�q Cod� 61]
Cartificate oi Survey !or_ A� IY1p1���N ,
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ORIGINAZ PLAN - THE REQUEST Z$ TO
REVERSE THE PLAN
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1 I��r�br ��rtilr 11�at thi� i• a tru• ond corr�cl r�p���ento O� of o ���v�y e/ Ih� b�vnd��i�s o/ 1A• erev�
d��t►Fr�r lowd, awd.of 1M� l0�ol�on ol a�! bvildi.nji �� ther�on� ond ol! vl�ibl• •ntr�oshnr�nls, il ony, fr��n M On
•�Id len�. As •�rv�y�d by n►• �hi• day of Fsb�vsvr A.D. 1V71 .
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SU�UR�AN iNGINEttING, INC.
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fhe Minutes o.� th� Board Ui App�al¢ Subcommittee M�eting of February 13, ly- :<.
MQTIQN by Harju t�, r�acacnmend to tha CiCy Council approval of th� variances ���:. _:
the vnriance from 20 fect ta $ feet on �eech Street as requ�et�d by� Mr. Johnsan.
Secanded by Wahlberg. Upon a voic� vote, tk�ex� being n� naye, th.: motion carr;.0
unan it��ous ].y .
MOTIUN by Harju CA approv� the Minut�s of the January �0, 1973 meeting as writteti�.
Secondsd by�Wahlbexg. Upan a voice vots, there being no nays, the motian carried,
Mr. Bob DeGardner was present to uiake �ppeal £or thi.s variance.
Mr. DeGardner eaid that the reaeon for the variance waa that thQ house couldn't be
moved back any further becauee oi eteep river bank slope conditions and therefoxe
hs had to ask for this variance to 6q feet. To go back any £arther would create a
de�inite hardship. Mr. DeGardner sai.d that the hUUSe wauld bQ completely flnished.
The entire back including the walkout would have cedar aiding.
Mr. Minish asked if there w�e anyone that wiahed to be heaxd on thi,a hearing.
Mr. Richard Harri.a and Mr. H,arald Harrie of 620Q Ri.verv�ew Terrace and 62L0 Riverview
Te�xrace came forward.
Ms. Aichaxd Harrie said that he hsd no objection•to th�,front setback variance.
' What h� objected to wae the clear vialation cf the Codea by City Adminiatration.
He �aid tha�t DaG$rdner wae led dawn the wrong path by the� adminietration. The
adntiniatra�ion had told DeGaxdner that if he got the neighbars to okay the variance
Chat they wouldn't hav� to go ta th� Boaxd of Appaal,s and could get their pex�mit.
' The permit waa lseusd without ap�xoval by the Boa�rd af Appeala and Council and rh�y
ezartsd warking. Mx�. Harrie said that'he doesn't want thi,a to become a habi.t. Al1
variancea must be taken care of before the permit is iseued.
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Mx. Haxxis ask�d Mx. .DeGardner if 8omethin$ would bs done abaut the expoaed concrete
baeament bloak on ths south eide of the houae. Ha aaked if aiding couTd bc Nactended
or th� b�,ock painted to give aome�hing more pleasing to look at.
��ir, DeGardnex aai.d that he would da what�sver wae neceeear�► tp pxotect the neighb,�rs.
PlOTION by Wahlberg to cloee the pub11G hearing.
Secot�ded by Harju. Upon a voice vota, th�re being no naye, the motinn carried.
I�OTIQN by Wahlberg �o recomane�d ta the City Couacil approval of the variaace with
the etipulatian that tha expo�ed block on the •outh �id� ba finiahed either by
eacteading the�eiding down or by p�inti.ng.
Secondsd by liarju. Up4n, a vo�,ce vote, �her� being ria naye, the motion carried.
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� 7ha a�6e�i.ng was �djoux�ned aC B05Q P.M� by'Chairman Minieh.
, Ite ectfull ,ubmi.tted, � '
��.�.. .t ' �i'�� a - �' • .,.s-....,, �m-�-
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REGULAR COUNCIL MEETING OF FEBRUARY �6, 1973
MOTION by Councilman Nee to concur with the Baerd of Appeals. Seconded by
Councilman Uttsr. Upon a voice vote, all voting aye, Mayor Liebl declared
the motPon carried unanimously.
MOTiON by �ounciiman Utter to recetve the minutes of the Board of Appeals
SubGOmmittee Meeting of Februa�y 13� �973• Seconded by Councilman Breider.
Upon a voice vote, all voting aye, Mayor lieb) declared the motion carried
unanimously.
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ITEM #2
AISCUSSION ON ACQUISITIQN QF
PRQPERTX iN CQNNCECTTON WTTH
ISLANDS QF FEACE PRO�CT
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MEMORANDUM
To: City Council, City of Fridley
From: Virgil C. Herrick, Ci ty Attorney
Re: Acquisition of Rea.Z Estate Adjacent to Chase Island
Date: March 19, 1973
I have been cbntacted bz� Ed wilmes and Bob Minder regarding
the possibility of Mr. Minder an d,an associate selling two adjacent Iots
to the City of Fridley for use in the Island of Peace project. These
Io�ts are presently zoned R-3 and a permit has previously been issued
for the construction of a 72 unit apartm�ent site.
It is rny understanding that l�lr. Minder has indicated a willing-
ness to enter into an option to sell this property to the Citz� of Fridley,
the option to run to Ma� 15, 1973. The option price is $2,000.00, which
wouZd be applied on the purchase price if the option is exercised, If
the option is not exercised, the option money would forfeit to the sellers.
The askinq price is $71,0OO.OD, paz�able $I5,000.00 cash at closing,
and the balance of $56,000.00 on a contract for deed par�able $8,000.00
per �ear plus interest at the rate of 7i. The selZers have agreed to pay
up ai1 existinq assessments and pay the real estate taxes through the
payment due in 1972. The purehaser would assume the real estate taxes
pa�able in 1973.
I have been advised that the Island of Peace fund has a donation
of $2,000.00 to be used i'or the option money, Mr. Wilmes indicated a
belief that the additional $I3,000.00 needed for the payment'at closing
would be availabZe by May 15, 1973.
I am bringing this rriatter to the council for its attention.
If the council wishes tc enter into the pu�e�zase -;a�`�eer�ent, the proper
procedure would be to authorize the administration to prepare the real
estate option and to authorize the rriaz�or and city manager to sign on
behalf of the city.
VCH/j1h
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ORDIpANCE 1�0.
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AR ORDINANC� TO AMEND THE CITY CODE OF THE CITY OF
FAIALEY, MINNESOTA BY MAKING A CHANGE IN ZOPiiING DISTRICTS
The Couacil of the City Qf Fridley da ordain as follows:
SBCTIpI� 1. Appendix A caE Ghs City Code of Fridley is aanended as
herinafter 1ad�tcated.
88CTION 2. The tract or axea within the County of Anoka aad the
City af Fridley and deacribed as:
The North 1b0.0 feet af that part of Lot One (1)
Auditoz's Subdivision No. 25, Anaka County, Minneaota,
described as iollowe: Begianiag at a point which is
the intersectian of the South line of Hacl�ann Avenue
as platzed and the �aeterly line of Central Avenue N.E.;
theace �asterly along eaid South line of Hackanann Avenue�
Oae Hundred Eleven and Thixty-niae Hundredths (111.39)
feet to a point oF intersection with a line parallel with
and dietant Qne Hundred Twenty (120) feet Weat as meaeured
along the North line of eaid Lot pne (1) of a line
described as followa: 8eginning at a point on the North
line of said Auditor's Subdivi�ion No. �5 distant 492.5
feet Eas� of the Northwest cornex thereof; thence South,
a distance of 308.2 feet to a point on a line parallel
with and 160 feet North of the wost Southerly line o£
said Lot 1, which paint is 437.44 feet distant East
frem the aenterline of Central Avenue N.E. and there
termina�ing; thence South, along said parallel line
285.09 feet to a point on a line parallel with and
16Q feeC North af the mosC Southerly line of said
Lot 1, which point is 259,62 feet East fram the E��stezly
right af way lin� o� U.S, Truak Highway No. 65; thence
West paral,lel with the mast Sautherly line of said
Lot 1 a diatance of 259.62 feeC to the Easterly right
of way line af U,S. Trunk Highway 65; thence Northerly
along said Easterly a�igh� of way line ta its intersection
with ths Easterly line of Central Avenue N.E.; thence
continua in a Northerly dire�ction along said Easterly
line to tt�s point of beginning, a11 aubject ta the
easemeata of r�cord.
Is hereby desi$nated to be in the Zoned District
la�own as G-2 (general busi�ness areas).
SECTIQP 3. That th� �oning Adminiatrator is directed to change
the offic�al zoning map to ahow said tract or area
to be rezqned fran Zoned Diatrict C-1S (local ahopping
areas) to C-2 (general businesa areas).
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QBDIPANCE N0. ,�,l,
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PA888D SY TEE CITY CO�iCIL OF THE CITY QF FRIDLEY THI3 �,,._
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l�lI1Y0� - �'RAP1C G. LIPBL
�TiST t .
CI'!'i Ci,E� - Marvin C. Bsuaaell
public Eearing: � �2 � � y 7;
Zirst Reading:, /YLo��S� / �j'i 3
Saaoad Readiagi _
Publish....... s_,_.. �.,...
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MEMO "I'U :
MEI� FROM:
MFMO DATE:
SUBJECT:
Gerald R. Aavis, City Managex and the City Council
Nasim M, Quxeshi, City Engineex
March iS, 1973
Repart Ragarding the zntors�ction Improvemant of Central
Avenue and T.H. 1�65
In the last few years we have been cancerr�ed with the potentially
sarious traffic problem at the intersection of Central Avenue and T.H. #65,
espocially on tha east sida. About three years ago Union Oil came before
the City with a xequest fox making an addition onto their existing
gas station. At that time.th�ir request was held up becauso the City of
Fridley felt that until an overall plan fox providing traffic safety improve-
ments at this intexseation is developed, and new construction should conform
w�.th the ovsxall p1an.
In 1970, whan the davelopmant of Innsbruck Narth plat by Viewcan was
approved, thera'was also concexn shown about tha increased problems tvith
this intersection. The City Staf£ has been working with the Union Oil
peaple for two years to come up with a proposal. ,
In 1972 the City Council did appxove th� plan for this intersection by
� ' Resolution �20-1972 which provided datachment of the service road behind the
gss station, and xequested the Minnesota Highway Dmpartment to finalize the
deta3.ls. Siace �hat time we hava been working with the Minnesota Highway
Department, Anoka County and the Union Oi1 Station to finalize tha geometrics
� for �Che safety imporvement at this intersection, This was the plan presenta�d
to the Council at the meating of March 12, a973, Thare were s�lso old
alternato proposais pxasented which had been cot�sidexed, then discarded,
� becsuso'of theix advarso �ffect of putting additional traffic through the
large stratch of xesidantiai areas.
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�� I fael that the datachm�nt o£ Hillwind Road behind the gas station,
along with in the future makin� a pox�ion of Hathaway Lane from the detached
service xoad to Pa1k Stxe�t one way going west, would be xha appropriata
solution to the future traffic volume needs,of thi.s intersection, taking inta
consideration tha afollowing #'�ctors: � -
l. This proposal would:.put the least aawunt of traffic into tha
resid�nt#al areas from Innsbxucic North Development and the�potential
future commarcial davelopments.
2. Tha cost of this proposal wouid not be as hi� as some of the other
proposals.
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Certainly, if the traffic aonsidaration wer� the oniy datermining factar,
� this is not the bost plan; but if tra£fic, aiong with keeping the traffic
thxou�h the xesidantial az�eas to a minimum and tha cost factors are con-
sidered of primo importance, then this would be the oniy solution.
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Memo ta Mr. Davis, Mayox and City Council
Reference: Intersectian o�' Csntral/TH #�65
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March 15, 1973
Page 2
� I£�e7� th� City should l�av� an overall plan to take care of future
potantial traffic problem areas adopted so that wo can wark towards that
plan step by step as dovelopment progresses and funds become available to the
� City of Fridley and c}ther governmental bodies.• I felt this is what the Council
had done by thoix Resolution #20-1972 appxoviRg the plan on which basically we
have been waxking ior 3ts implementation,
� I would hav� to say that whether this plan, or a rev3sed plan, is
adopted by the City of Pxidley, it would bo some time away from bacomming
a reality becausa of the camplexity of woxking agxeements with the Minnesota
� Highway Dapartment and Anoka County, alang with availability of funds from
oChex governmental bodies.
NMQ/jm
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Nasi.m M. Qureshi, P.E.
City Bngineex - Director of Planning
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QRA'INANCE NO.�
AN QRDTNANCE AMENDING SECTION 3,05 RELATING
TO THE USE Ok' SICK LEAVE FOR CITY EMPLOXEES
The Council af the Ci�y of Frid�.ey do ordaia as followa;
� SECTIQN' 1. 3ect�ion 3.0� o� Che Bridley City Cade is hereby amended to read as
fallows;
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3.05 Each emp�.oye� of the Ci�y who haa worked regularly
f or th� C�,�y far a period of no� lesa than si� 6
succe�ai.ve months is entitled to sick leav� away from employ-
ment with pay. 31ck leave pay shall b� computed at �he
xegular rate of pay to whiah such employee ia entitled. An
employee wha hae worked a minimum ot aix 6 moatha is
enCitled to ane (1) day of aick leave fpr �ach month worked,
cumulaCive to one hundred twenty (120) day� of aick leave.
AEter one hundred twenty (12Q) e$rned and unused days of sick
Leav� have acaumulated, one (1) day add�,tional vacation shall
be granted ta an �mployee for every thr�e (3) sick leave days
earned and unus�d. The employee may elect, after ninety (90)
earned and unuaed days af sick leave have accumulated, to
reoeive one (1) day additianal vacation for every three (3)
aick 1eav� daya sarn�d and unua�ed. Sick leave days ahall not
accumulat� beyond one hundred twenty (120), $efore any aick
].eave caapensaCion is paid, the City may xeqtieat and is en-
titled to rea��.ve ir an any �mploye� who has b�een abeent more
th$n thre� (3� dsye in au�cesaion, a certificat� aigned by
a comp�tent phyaician ox o�her medieal att�ndant certifying
to the fact !that Che abaence was ia fact due to'eickness and
not otherwise. The� Ci�y Alsa xeserve� the right to have an
examination made at any �ime o£ any person alaiming absence
by r�ason af eicknees; euch examinat:Lan may be mad� when tho
City deems tha sam� reaaoaably neceeaary to v�ri,fy the sick-
nesa claimed and may be made in b�ha�f of the City by any
campet�nt pereon deaignated by the City. Sick leave is to be
used normally for the sicknesa of �he e,mployee only, however,
two aick da s�r ear ma be used for Che iallowin a eci-
ie uses; Serioue illnose of the e ouae. 2 Serious
i ln�se o child. T e a ecial use da • cannot be accumulated
from one ear to t e next and if the are nat u�ed t e are
inc u e n t e norma aia leave accumulation. Time off
w t p$v can e c arae t,�, t e apg pecia�, usea
e
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QRD II�TANCE N 0 . � �
PAGE 2
ADOPTED BX Tkl� CITY COUNCIL 0� TI� CZTY OF FRIDLEY THIS��� DAY OF
� , 1973
ATTEST:
CITY CLERK - �lARVIN C. BRUN3EI�L
First Readin$; March S, 1973
3eaond Reading: IRA�t.elt,/N. / 7'i3
Publish:
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MAXOR - FRANK G. LIEBL
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AN ORATNAIVCE AMENDTNG SECTION 3.08 R�LATING
TO TH� USE QF FUNERAI. I.EAVE k'OR CITY �MPLOY��S
The Counci.l o� the City of Fridley da ardain as followa:
SECTION 1. Section 3.p8 0� �he Fri,dley City Code ia hereby amended to read as
followa:
3.08 An employee wha has been duly aummoned for jury duty
, in any court or who has been duly summoned as a witness in any
proceeding, ahall be excuaed from woxk for the purpoae of com-
plying with �such aummons, and while absent from work in accord-
1 ance therewitb, such emplayee shall be entitled to recefve as
pay a sum of money equal to the difference between what he
receives as compensation for such jury duty or witness fees and
his regular pay, Any employee absent from work in accordance
, with the order of a duly establish�d military authority shall
receive pay and compensatian during such absence as is provided
by State Law,
In case of death occta'ring in the i�amediate family of an employee,
such an employee may be excused from work for up to three days
with additional time off t�ranted by the City Manager if additional
time is needed. Thia time off sha11. not sub,ject the employee
to losa of pay. For thia purpase, membera of the immediate
family of Che employee ar� cansi,det�d to be the following;
spouse, child (natural or adopted), parent, grandparent, brother,
sister, mother-in-law or father-in-law,
ADOYTED Y TI� CITX COUNCIL OF THE CITX OF FRIDLEY THI3 �" DAY
OF , 1.973
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ATTEST :
CITY CI.ERR - MARVIN C. BRUNSELL
��xsx RQ±���a � � i �l �3
$ . %� �Q%L40.' �, ,, .
Second Readirtg; ��'I�it l ��13
Publ.iah:
MAYOR - FRANK G. LIEBL
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6701 Qvorton Drive N.E.
Fridlsy, Min�esota 55432
March 12, 1973
Fridley City Cou�cil •
City oP Fridiey
6431 Univereity Ave. N.E.
Fridlsy, Minnesote 55422
Rs: l.ot �, Reglstered �and Survey # 3
Gentlomen:
Tn raference to your letter of Nove�►b�r 10,1972 in Which
you declined to act on �y r�queet to b� exe+�pt fro� hook—
ing up to swr�r and weter facilities, I contacted th•
other oan�rs adjoinin� Siverts Lane.
It apparently was the faQling of the Council at that ti�o
Lhet ths other owners would like sewer and w�ter brought in
to Siverte Lane. Theretore, I presented two p�titions,
(tor o� egainat mawsr and water) which are enclo�ed� to the
aajoining owe�ers tor theai to siqn. Th�y W�rs tme�inously
againet sewer and water. The two owners facing County Road H�
Mr. Bacon and Mr. Jen�on, do not went to sell aff the sauth
aid� of their proparty ae they enjoy tt�e larga �ote Lhey
noru have.
I now have a buyer for the praperty who 1s Wi.11ing to build
a home Withaut se�er and Water and I requsat permission� for
. the above reaaona� thet above descrihed l.o� 3 be exewpt fro�
sewer and water hoakup ao ae not be danied the use of �y
property. •
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Youra vsry truly�
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TO 41HOi�, IT ;:AY CONCE'r�,'U:
Ma.z'Ct, li � �.9%3
. Wc «.re xot ir�terested ix� developi�:^ t�� sout}i exd of our
propertJ �:�d t:��rcfor-e do ��ot t��:uti sewer ��c. �.:.. .,r t:rou:;ht i�
to servc Siverts Lsuac.
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xZ TrJ iAHO�d IT Y,�IIY Cc?I��RN s
I am nvt intere�ted �in.bringing sawpr and a�ter (aity) iato
my lot C st thi• ti�. � i
� �G'fsit�'�� ~ ,� %D 73
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�tEGULAIt COUNGII. ME�TX'r`Q AF �C1S��MBER 6, 1972
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s�T �ES (cofvTUVtT�D)
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Htawsrd, I,eFevere, I,e:lkr, Hamilton and Pearsan
220Q F�.r�t I�atianal l�ank �u��c:ing
�Miaae�poli,s, Mi�,ne�4ta 5�402
' $s��maCe daeed �ctob�r 2Q, 1972
T,egal services incJ.tld��iy preparat�,on of
Q�coee�dinge and approvi.ng vpinion of
$2,1�5,000 Speci$1 Assessment Fund �ond c�f 1972
Lay� Miaaesota Company
3147 California Street N. E.
Mianeapoiia, Minnesota 5541$ ,
FINAI. ESTIMAIE No. 3 for construc�Cion
of WAtcr �mprovement proje�t No. 10$
Nadland A$sociates} Inc,
Alaxaadria� Minnesc�ta 56308
PARTIAL Eatimate No. S£ar construcCion of
Saaitary Sewer, Storm Sew�r and Wat�er�nai�
Improvement Pxaject Na. 1Q2
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PAG� 21
$ 1,350.OQ
$ 2,858.51
$26,014.$6
MOTION by Couacilman Brsider to a�prov� p+�ymeat of theestimates as aubmitted.
�QCOnded by Gouncilman Mittei.stadt. Upor� a vaice vote, a11 ayes, Metyar Liebl
d�cl�red the motion carri.ed,
�,ON�ifi IGATI CX�18 :
,• A HRA'�T* REQUEST FOR PERMTSSTON NQT TO HQOK UP T SE ��
• WER AN1 WATE�. �
IriOTIQN hy Counci�.m�c� �r�:.der to receive the cammunicatio�n fram Donaid H, Bratt,
67A1 Over�Kon Dr,ive �v. �. , c�«��,� ��r���r �6, 1972, cancazning I,ot 3, R�gistered �
I,ac�d Survey ��3, 9econded by GUUn�llman qtter. iJpon a voice vote, all ayes, A�Iayor ,
I,ieb1 dealar�d ti�a mation cacried.
Councilman Uttex said that the xeasan for Ghe requeat waa that they Eelt that
the �osC .,:.s grohib�ti.ve, but Rccording to ths pro,j�etion, it did no[ seem Coa aut �
o£ lint-, The Cit� Ea�ln�er �$id that actually the w�iole question bec�mes moot .
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a�1 t,he �etropo].itan Sewez Bonrd has adopted the requirement that there.uill be
ao cnar!^ Ha1Zar aad ces��ools ��y�the"en�,q��.1�$1� and thea the municipalitiea wiil
ac►� �i��`�° ttt� -pawer to waive � that requizement. A well ey.stem and cesspool would
p Qbabty cost about th� sam� as the eewer and water �.ine would, the oniy trauble
1 Chst the oth�r �roperry awners would pbjsaC �o �t.: bef,ng run now. This man ;
n�a to deveiop, bu� ti�e ���her property ownera da not. �
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::'r. :.:. �� �:rtC�:I:::� 31?u Ltlidt d� S�.',,'�:1 3$ itic^ ?��C�GPQ13.Cun SE:�a: C�:J;xrG' �d5 }:;-�5•. ,
4:.�i.an th+; watar :.iid sewer iine wauld have Co be zun anyt.vw� ;u it w�uld be � 4
�� n�eTileea sxp�ASa #�r him to go ahead with a well and cesspool aow. Hs may as t
�=� �3Q the ,�ab ri�h[, . :
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CiTY OF FRIDLEY
PLANNING COMMISSION MEETING MARCH 7, 1973
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CALL TO ORDER•
Chairman Ericksan called the meeting to order at 8:00 P.M.
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ROLL CALL:
Members Present: Erickson, Schmedeke, Zeglen, Fitzpatrick, Minisli
Members Absent: None
Others Present: Darrel Clark, Community Development Administrator
APPROVE FLANNING COMMISSiON MiNUTES: FEBRUARY 22, 1973
- MOTION by Schmedeke, seconded by ZegZen, that the Planning Commission
minutes of February 21, 1973 be approved. Upon a voice vote, all v.oting
aye, the motion carried unanimoasly.
RECEIVE BUILDING STANDARDS-DESIGi� CONTRdL SUBCOMMITTEE MINUTLS:
FEBRUARY 22, 1973
MOTION by Zeglen, seconded by Fitzpatrick, that the Planning
Commission receive the minutes of the $uilding Standards-Design Control
Subcommittee of February 22, 1973. Upon a voiee vote, all voting aye,
the motion carried unanimously.
1. PUBLIC HEARING: REZONZNG �QUEST ZOA 9�73-02, BY ROBERT D. DEGARt�NER:
To rezone Lots 22 throu�h 25, except the Westerly 60 feet, Block 7,
Spring Brook Park Addition, from R-I (single family dwelling a;.��� )
= to C-Rl (general office and limited business) for a realty office.
Mr. Robert DeGardnez was present.
MOTION by Fitzpatrick, seconded by Minish, that the Planning CommisWion
waive the reading of the Public Hearing notice for rezoning request,
ZOA #73-02, by Robert D. DeGardner, to rezone Lots 22 �?;rough 25, elcept
the Westerly 60 feet, B2ock 7, Spring Brook Addition, frc� R-1 to C-R1.
Upon a:voice vote, all voting aye, the motion carried unanimously.
Mr. DeGardner said he has been operating a real estate business out
of his hame for 4Z years. He said when he buiZt his home, he planned it
for a hame occupation by having an office in the basement, and now his `
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recreation room and,a noubie �ar=:�e, it wouid u;ahe tlie praperty ::7uc:i L:orc
valuable, with its loca�ion on East River P.oad, but for resale it c,oulc� be
almost nil. He said he could operate as he is now if he added on to his
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�lannin� Commission Meetin� - March 7 1973 ] a e 2
house and used the entire basement for his business. He said the reason
for the request was to expand the parking area and have more space for
his business operation. I don't want this zoned residential, because
if for some reason I would have to sell, this property would have no
resale value as R-1.
Mr. Erickson asked how many people Mr. DeGardner employed. Mr.
DeGardner said he employs six people. He alsa has contractors who
stop in.
Mr. Erickson said you are actually operating illegally now. According
to our ordinance coLering h�e occupatians, if you hire anyone outside
of your immediate family, it is an unlavful home occupation.
Mr. Erickson said.all the property around Mr. DeGardner's property
is zoned R-1. Mr, DeGardner said there is a Iot of tax delinquent
property around him and as far as a residential area, it isn't one o£
the best. If I am operating illegally, I wi.il have to get the property
rezoned or move, and I prefer having my business where it is presently
located. If I sell my property, it would most likely be purchased by
someone who wanted to have a home occupation because that's the way
I built the property,
Mr. Schmedeke asked Mr, DeGardner if he came in on his own for
rezoning. Mr. DeGardaer said he did, just because he wanted to expand.
He didn't realize he was operating illegally.
Mr. Clark said if the City had complaints on this business, we
� would have been aware of the situation and Mr. DeGardner would have
been told his business was a non-confonning use.
Mr. Bruce K�thman, 3$6 Longfellow Street N.E., said he was against
'' , an increase in traffic. He said he didn't think Mr. DeGardner could
provide enough parking on his property to handle an'increase in business,
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Mrs, Lester Frieze, 369 79th Way N.E., said if you rezone this
property, other people are going to come in and request rezoning on the
vacant land in the area. I am against anq rezoning in this area.
Mr. Winfred MorpF�ew, 7948 Eas� River Road, said he was against
the rezoning because he didn't want to s�e Mr, DeGardner's business
get any bigger in a residential area.
Mr. Schmedeke sazd maybe a C-R1 district shouid not have been
created�in our ordinance. Zt seems to create business in a residential
area. I think people should be informed when they make a request that
spot- rezoning isn't allowed. They should develop their business in a
commercial area before they try to rezone an R-1 area.
� �:- c-'::'c �;azd _.� �ic�i't t:;:-:-`, <:; t__, --�•-- �- _ could � i.:�
�n;'�� � cr�zy coulun't :asn for rezoning, �
Mr. Schmedeke said he meant they should be advised of the difficulty
in obtaining spot rezoning.
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Planning Coumnission Meeting - March 7, 1973 •�•
Mr. Minish asked Mr. Clark if the City was aware of the illegal
nature of Mr. DeGardner's operation before this meeting.
7� 3
Mr. Clark said no. He said we knew Mr. DeGardner was in business
but were not aware he was hiring people who were officed in his home.
Mr. Erickson said the City does not go around policing home
businesses unless there is a complaint. There have been no complaints
on Mr. DeGardner's operation until tonight. The neighbors seem satisfied
with Mr. DeGardner. They just don't want him to expand or rezone.
MOTION by Fitzpatrick, seconded by Zeglen, that the Planning Commission
close the Public Hearing on rezoning request ZOA ��73-02, by Robert DeGardner
to rezone Lots 22 through 25, Block 7, Spring Brook Park Addition, to
rezone from R-1 to C-R1. Upon a voice vote, alI voting aye, the motion
carried unanimously.
MOTION by Minish, seconded by Fitzgatrick, that the PZanning Commission
recommend to the City Council denial of the rezoning request ZOA ��73-02,
by Robert D. DeGardne�, to rezone Lots 22 thro�gh 25, ea.e�pt the Glesterly'
60 feet, Block 7, Spring Brook Park Addition, from R-1 (single family
dwelling areas) to C-R1 (general office and limited business), because
this business was developed contrary to the home occupation ordinance
and if we grant this request we would be sanctioning violafion of our Code.
Mr. Erickson said he was asking for rezoning so he could expand
and run his business legally.
� Mr. Minish said he thought this was thP wrong way to go about it.
We would be granting de facto rezoning to something developed illegally.
I think the character of the neighborhood is residzntial.
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Mr. Erickson said he would have to go along with the motion, but he
thought it was unfortunate that Mr. DeGard�zer wasn't aware his business
was in violation of the home occupation ordinaizce. I think it is possible
that,in time, all East River Road will be zoned commercial, but I don't
think it should be started on one piece of property. This may work a
hardship on Mr. DeGardner and i don't feel it's his fault.
UPON A VOICE VOTE, a11 voting aye, the motion carried unanimously,
, 2. PUBLIC HEARING: SPECIAL USE PERMIT, SP �k73-01, BY STANDARD OIL
COMPANY: For installation of a drive-in back-out car wash unit
in the existing stall of a service station. "
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Representing Standard Oil were, Mr. Harland McGregor, Real Estate
Department, Mr. Fred Housenga, Engineer, Mr. Albert La%e, Sales Representative
and Mr. Robert Rabe, operator of the service station at 7609 University
Avenue N,E, •
..:���_; o;• S.,t:..= --_ , s_cc�__�1 �: :`_�___�_., �..�t th� 'i�:.nin� :,'...._._�.._�::
waive the reading of�the Public Hearing notice on the`special use permit
, SP ��73-01, by Stand�:.rd OiI Company, for installa�ion of a car wash u.nit.
Upon a voice vote, all voting aye, the motion carried unanimously.
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Planning Co�ission Meeting - March 7t 19�3 'age 4
Mr. McGregor said rather than make a presentation, he would answer
aap questions the Cammission had.
Mr. Erickson said as he understood the request, you want to install
-�-a car washing machine in an existing stall. Mr. Erickson asked Mr.
Clark if this was one of the requirements of the ordinance. Mr. Clark
said the service station definition doesn�t allow a car wash unit, so
- ---ft has to come under a Special Use Permit,
Mr. McGregor said that because the station used the Spring Lake Park
---�-sewer facilities, they had talked to Spring Lake Park and they had no
objection to the car wash. .
Mr. Minish asked the purpose of installing the car wash.
Mr. McGregor said it was an inducement to create more business. We
have instaZled 96 of these units in the �Ietropolitan area and subtirbs and
have shown a 30% increase in business where we have installed these units.
^ Mr. Schmedeke said we have a car wash business a few blocks away and
I frown upon putting another car wash operation so close.
Mr. McGregor said this was just a quick wash and the cars came out
wet. They are not dried or vacuumed on the inside as at a regular car
-wash .
Mr. Rab� said the businesses. in the shopping center were in favor
_ of the car wash because they thought it would help draw people to the
shogping center.
Mr. Schmedeke waudered if the property owner would be in favor,
because it could lead to icing conditions ore the common driveway, when
. the cars come out wet.
Mr. Zeglen°said as this station is quite new, why wasn't Che car
wash,unit put in when the station was built. Mr. McGregor said it
probably should have b�een put in then, but these units weren't so
popular whan the station was planned.
Mr. Minish asked t�:e economic effect of this car �aash. If you
aren't able to put this in, will the station survive. :ir, McGregor
said he thought it wouid.
Mr. Erickson asked what per cent of the time they were busy in
� both bays of the station. Mr. Rabe said they ha�e only been open since
November 21, 1972. In the winter they use both bays most of the time.
The colder the weather, the more both bays were used. Otherwise, the
bay with the hoist was used the most. He didn't think this would pose
� anr Dinhl fir� l�aC�tice s-i-..�i, �Zr7.-• tt L":*...r�+- - ��' �. `^ -"?^t ,_r G'�,.' ��. -.
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Mr. Fitzpatrick asked how they would charge for this service, Mr.
McGregor said it would be free with a fi2Z of gasoline,
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- , 7D
Planning Commission Meeting - March 7, 1973 Page 5
MOTION by Schmedeke, seconded by Zeglen, that the Planning Commission
� close the PubZic Hearing on Specia1 Use Permit, SP ��73-01, by Standard Oil
Company, for installation of a car wash unit. Upon a voice vote, all voting
aqe, the motion carried unanimously.
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Mr. Schmedeke said he favored denial of the request because he hadn't
been in favor of another service station on University Avenue; of the icing
conditions that might occur; and because there is a car wash operation
not over '� mile from this station.
Mr. McGregor said that because there was a station in Fridley with a
car wash unit, he would request that everyone be treated equally and
allow them �o have a unit a2so.
� _ Mr. Minish said this was the second request for a car wash unit �
we have had recently and the other request was denied. He said he was
sure we would see more of these requests and he quoted an excerpt from
an article from Forbes magazine that stated that 100,000 stations could
� be do�ed over the next decade because of over expansion,
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Mr. Erickson said this Commission voted against allowing a service
etation at this location so it is only consistent with our feelings
that this request be denied.
MOTION by Schmedeke, seconded by Zeglen, that the Planning Commission
recommend to Council denial of the request for a Special Use Permit, SP ��73-01,
bq Standard Oil Company, for installation of a drive in-back out car
wash unit in the existing stall of a service station. Upon a voice vote,
Erickson, Fitzpatrick, Schmedeke, Zeglen, voting aye, riinish voting nay,
ihe motion carried.
MOTION by Minish, seconded by Fitzpatrick, to have the report from
the Forbes magazine inserted in the minutes. rir. Minish felt this report
should be considered before allowing any more service stations in Fridley.
Upon a voice vote, a21 voting aye, the motion carried unanimously.
From Forbes magazine
Is your friendly neighbor-
hood service station going
the way of the corner ci-
gar store and the mom-
and-gop grocer? It Iooks
that way. Mobit and Shell
Oil have about IO,OOD few-
er gasoline stations today
than they did in 1960.
While gasoline consump-
tion has been �oing up
steadiiy. the number of
�n�-•:..n c•,,.t`l, 1�" `t"' t.'.�.
'_ __.. ...
"The gasoline-station pop-
ulation of the country is
probahly overbuilt by 100
percent" says Albert An-
ton. the highly respected
senior oil analyst at �VaII
Street's Carl H. Pforzhei-
mer & Co. Tf these esti-
mates are correct, some-
thing like 100,000 �asotine
stations could be doomed
over the neYt decade or
so, an investment of bil-
lions of dollars.
Why? Fssentially because
most of them are too
,. .�.� . .. ' . . . . ". �. .
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majors get trapYed in a
basically inefficient disiri-
bution network, ��ith as
manv as three or four
smail stations all fightin�
t'or a limited amount �f
business? It was the iemp-
iation of cheap cnide oil.
There was so much money
in the oii itsclf that the
majors didn't much mind
losing some money at the
retai[ en�i so ton� as they
couid move all the oil they
couId produce. But cheap
oil has succumbed to dc�-
mestic scarcity and Arab
nationalism. Volume for
volume's sake is no longcr
profitable.
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i�'r IO L�.-� i�-.�;.'iC i! ;:t;° �;i
Americana as the friendly
local station �ocs the way
of Life magazine, doctors'
house calls and homemade
ice cream.
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PlanninQ Commission Meeting - March 7, 1973 %'E 6
3. PLBLIC HEARI�TG: REZONING REQUEST, ZOA �'73-03, BY SAMUEL TEMPLIN:
� To rezone Lots 1 and 2, 39 through 42, Block 6, Fridley Park Addition,
from R-1 (single fa�ily dweZling areas) to R-3, (general multiple
family dwellings� for townhouses.
Mr. Sam Templin was present.
MOTION by Fitzpatrick, seconded by Schmedeke, that the Planning
•Car�ission waive the reading of the Public Hearing notice on the rezoning
requesr ZOA ��73-03, iry Samuel Templin, to rezone Lots 1, Z, 39 through 42,
Block 6, Fridley Park Addition, from R-1 to R-3. Upon a voice vote, all
voting aye, the motioaa carried unanimously.
Mr. Clark said these can't be called townhouses because the property
doesn't have the acreage required for townhouses. When you see the plans
you will see they are a townhouse type of construction,
Mr. Erickson said the plan shown has a four unit building facing
Rice Creek Way and a five unit building facing East River Road. Mr.
Erickson asked Mr. Templin where the entrances would be. Mr. Templin
said the entrance would be between the two units coming out on Rice
Creek Way. Iie said he had talked to the County Commissioner and he
said they didn't want any entrances on East River Road.
Mr. Erickson aske..d if these would be rental units. Mr. Templin said
� � ghey would. He said he hadn`t checked with the City or the Assessor to
see if they could be s�old individually. '
Mr. Erickson askeci how many square feet are invalved in this property.
Mr. Templin said it was about 33,000 square feet.
Mr. Templin said he felt that the rezoning request for East River Road
was the best use for the property.
Mr. Don Smith, 82 Rice Creek Way, wondered if everyone understood the
project Mr. Templin is proposing.
Mr. Erickson ans�ered that he understands that Mr. Templin wants to
build two buildings; one with four units and one with five units. The
four unit building wiil face Rice Creek Way and the five unit building will
face East River Road Gtith a co�non driveway on Rice Creek Way. The buildin�s
wi11 be rental. He said he was sure that all the people present were familiar
with the Iand and it c�rould appear it would have to be filled rather ex-
tensively.
Richard Larson, 65 80 iiickory Street N.E,, said to him R-3 was a nasty
word. It's like a disease. We have apartments behind us now and we have
nothing but migrant type individuals living in them, They seem to have
more do�s than oeoPle. Zf voti �aar* R-2 0^ ='^�* ^;•,�.r r-,-t � �� •
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Pianning Commission Meeting - March 7, 1973 Page 7
Fred Halverson, 85 Rice Creek Way N.E „ said one of the things we did
check when we bought our home was that there was R-1 zoning around us. To
the best of my knowledge•, this is the fourth time this property has come
up for question or rezoning, if the Commission starts allowing rezoning,
it will keep encroaching on residential areas. I'm not concerned about
rezoning on East River Road, because of all the traffic. He asked if
these units had to €ace Rice Creek Way ar couid they face Hickory. Mr.
Erickson said it was possible the units could face Hickory. Mr, Halverson
said he wouldn't want any units facing his property. He was also concerned
about the maintenance of rental property.
Mr. Erickson asked Mr. Templin why he doesn't feel he can build on
this property as it is presently zoned. Mr. Templin said this property
has been sitting idle for years, and if any developer felt this was a
good site for homes, it would have been built on long ago. I personally
feel it would be a mistake to keep this area zoned R-1.
Mr. Erickson asked if Mr. TempZin didn't think Lots l and 2 couZdn't
be built single family. Mr. Templin said if he builds houses on these
lots, the back of the five unit building would be behind them. I thought
a long time of the best way to use the praperty and this is the plan T
decided on.
Mr. Erickson asked if the peop2e had any suggestions on how this
property should be used, Mrs. I.arson aud Don ,Tohnson, b600 Hickory Street
N.E., said there wasn`t any park in the area and this is what they would
like it used for. .
Mr, Erickson said he had heard before about a need for a park in this
area, but the property is in the hands of a private developer now.
� Mr. Larson said he questioned why �re have to have every piece of
land filled up right now. He said as time goes by, something would fit
on this property that would satisfy both the neighborhood and the developer.
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� Mr. Erickson said this is one of the problems of both the Planning
Commission and the Council. There is vacant land in an area, and people
want it left thaC way. But someone is paying taxes on the land and they
do have a right to use it.
John Swingdorf, 90 Rice Creek Way N.E., said he thought we should
go along �vith the rezoning on East River Road, but not on Hickory Streer.
I think we should be able to make some sort of compromise.
Mr. Erickson said the Coumiission does have the authority to rezone
a portion of the property and leave the rest as zoned.
Mr, Richard French, 1469 Gardena Avenue N,E,, said he doesn't live
in the area, but is member of a Subcommittee, and has h�en listPr�r.� ro �
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lots on Hickory zoned R-2. �
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Planning Coumiission Meeting - March 7, 1973 Page 8
Allen Bergquist said he is building a home at 77 Rice Creek 4day, so
he is new to Fridley, but he would agree to Mr. French�s proposal.
Chairman Erickson said he would suggest that the Public Hearing
_ be continued until the next meeting to give the petitioner and the
people in the area:.time to think it over.
_ ,____ __ MOTION by Fitzpatrick, seconded by Minish, that the Planning Commission
continue the Public Hearing on rezonino request ��'73-03, by Samuel Templin,
to rezone from R-Z(single family dwel2ing ar�as)to R-3 (general multiple
_.__ - family dwellings) Lots 1 and 2, and Lots 39 through 42, Block 6, Fridley
Park Addition, until March 21, 1973. Upon a voice vote, all voting aye,
the motibn carried unanimously. �-
4. VACATI�N REQUEST: SAV �k73-02, BY SAMUEL TEMPLZN: Vacate the North/
South alley in Block 6, Fridley Park Addition.
Mr. Schmedeke said the Plats & Subdivisions-Streets & Utilities
Subcommittee recommended approval of vacation request SAV ��'73-02, by
�--- ------Samuel Templin, to vacate the North/South alley in Block 6, Fridley
Park Addi�ion, subject to a 12 foot utility easement being retained.
-Mx:-Clark said there was encroachment on this alley by a cemetery.
Mr. Minnish said that because Mr. Templin's plans could be subject
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to change, he would like to see the vacation request continued with the
rezoning request. .
� MOTION by Fitzpatrick, seconded by Schmedeke, that the Planning
Commission continue vacation request, SAV ��73-02, by Samuel Templin,
to vacate the North/South aZley in B1ock 6, Fridley Park Addition,
until March 21, 1973. Upon a voice vote, all voting aye, the motion
carried unanimously.
5. PUBLIC fiEARING: REZODTING REOUEST, ZO? ��73-04, BY NORTH AIR HO?-�
ASSOCIATION: To rezone from R-3 (general multiple family dweilings)
'to C-2 (general business areas) Lot 1, Block 1, Harstad Addition;
and the Sout�herly 150 feet of Lot Z8, Brookv3ew Addition, subject
to road easement over South SO feet, �a bring it up to right code
classification. (Knights of Columbus)
Mr. Richard Schintgen and Mr. Richard French representing North
Air Home Association and the Knights of Columbus were present.
MOTION by Fitzpatrick, seconded by Minish, that the Planning Com�;ission
� waive the reading of the Public Hearing notice of the rezoning request,
ZOA �73-04, by North Air Home Association, to rezone from R-3 to C-2
Lot 1, Block 1, Harstad Addition, and the Southerly 150 feet of Lot 1$,
� Brookview Addition, subject to road easement over South SO feet. Upon -
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Chairman Erickson asked how this property was built in this zor.ing
classification,
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Plaunin� Commission Meeting - March 7 1973 PaQe 9
Mr. Clark said it was built under a Special Use Permit. Now, under
the ordinance, it cannot expand because it is a non-conforming use.
Mr. Schintgen said they wanted to add a �0'x.24' addition to the
building to be used for storage,
Mr. French said this addition wouZd not increase the business portion
of the Knights of Columbus. He said we are sadly in need of storage space
and office space.
Mr. Erickson asked if the plan presented was on an old print or if
this was a new proposal. Mr. Clark said it was an old print, but Administrati�
had realigned the parking spaces, and:marked off 20 foot setbacks, which
are required by �he ordinance. This would mean the utilization of a parking
area they have recently purchased, and the tak'_ng up of some surfacing,
to maintain the proper setbacks, �
Mr. French said they have delayed in surfacing the new parking lot
because it required a lot of fill and they want this to settle before it
is surfaced.
Mr. Minish asked what they would be storing in the addition. Mr.
� Freach said they would be storing items used in connection with a hall
they rent out for wedding receptions, etc, These items are such things
as chairs, tables and utensils. As the number of people attending these
I functionsshow great variation, we do have a storage problem, These items
can't be kept in any kind of order and are not taken care..of properiy.
Mr. Minish asked where this equipment is stored now. Mr. French
said it was piled anywhere we can push it i:�. We Iost some storage
areas when rest roorns caere installed in the basement.
Mrs. Adele Swanson, 6663 Lucia Lane N.E., said she was against the
C-2 rezoning. She said she did not object to the Knights of Columbus being
in this area.
'Mr. Robert Minder, Suburban Engineering, said he was against the
rezoning. He thought there should be some other way of handling this
besides rezoning the property to C-2. This gets back to spot rezoning.
There is a lot between this property and mine, and I wouldn't want sameone
to be able to come in and rezone this lot because the Knights of Col.umbus
property had been rezoned. There should be some other way this property
could build its addition without rezoning.
Mrs. Swanson said if, for some reason, thi.s property was sold and
it was zoned C-2, then something quite c�ifferent could use this property.
Chairman Erickson said that was correct.
Mr. Zeglen asked Mr. Minder what he went through to get his addition. �
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Plannin Commission Meetin - March 7 1973 Page 10
Chairman Erickson said that both these buildings are the same. They
were both built under a Special Use Permit and they both have requested
an addition. Both should be handled the same.
Mr. Clark said he feels they should be handled the same, also. At
the time Mr. Minder got his permit, I wasn't involved in it, so I don't
know why it could be handled this way, As far as the ordinance, they
both should have asked for rezoning. I feel the way Mr. Minder went is the
easiest to handle, and the most proper way, but the ordinance doesn't
allow this, as I interpret it.
Mr. Erickson asked if there was any way this could be handled by the
Board of Appeals. Mr. Clark said they could ask for a code interpretation.
Mr. Erickson said there are three choices involved here. One is to
� rezone. The second choice is go to the Board of Appeals and see if the
addition could be built under an appeal, or third, get into our ordinance
something that would permit alterations or improvements on a building
that is under a legal non-conforming use. Nobody seems to want the rezoning,
� including the petitioner. All he uants is permission to build an addition.
Chairman Erickson said if it is
� petitioner, I would like to see this
from the City Attorney as to whether
the $oard of Appeals, and if he says
� amendment to our ordinance to permit
Use Permit.
agreeable with the Commission and the
tabled until we can get an opinion
or not this can be handled through
no, if he can't then write an
5omething like this under a Special
1 MOTION by Schmedeke, seconded by Ze�len, that the Planning Commission
continue the rezoning request, Z0A �r73-C4, by North Air Home Assoc�ation,
'�o rezone from R-3 (general multiple family dwellings) to C-2 (general
business areas) Lot l, Block 1, Harstad Addition, and the Southerly 150
1 feet of Lot 18, Brookview Addition, subject to road easement over South
50 feet, until March 21, 1973. Upon a voice vote, all voting aye, the
motion carried ur.animously.
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6. RETURNED BY COUNCIL: SPECIAL USE PER�IIT SP ��72-19, BY FRANK GAE?tELCIK:
To continue the existing �se as a Used Car Lot and conduct an Ir�side
Repair Garage Shop, to be located on Lots 6 through 10, Block 28, Hyde
Park Addition, and expand the Use to Lots 12 and 13, Block 2, City
View Addition, per City Code 45.101, 3B, D an �.
Mr. Frank Gabrelcik was present.
Mr::Clark said Mr. Gabrelcik �aas asked by the Council to come back
, to the Planning Com:nission and supply the information the Commission had
requested, Mr. Gabrelcik did bring in copies of deeds to the property.
The deeds or contract for deeds are for Lots 6 through 10, Block 28, Hyde
1 Pa:k Addition,'and Lots 12 and✓13, B2ock 2, Cit� V�e�� qd� t-;�n, '�••-.
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i g Cammission Meeting March 7, 1973 Page 11
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MOTION by Fitzpatrick, seconded by Zeglen, that the Planning Commission
r•eopen the Public Hearing on the Special Use Permit, SP ��72-19, by Frank
Gabrelcik, to continue the existing Use as a Used Car Lot and conduct an
Inside Repair Garage Shop, to be located on Lots 6 through 10, Block 28,
Hyde Park Addition, and expand the Use to Lots 12 and 13, Block 2, City
View Addition, per City �Code 45.101, 3 B, D and G. Upon a voice vote,
all voting aye, the motion carried unanimously.
Mr. Gabrelcik explained his plot plan to the Commission.
Mr. Erickson asked Mr. Gabrelcik if he was proposing to rearrange his
parking according to the plan presented. Mr. Gabrelcik said this is about
the way the cars are garked now. Mr. Erickson told Mr. Gabrelcik he
has cars parked in the aisles at present. He asked how long the cars
would remain in the aisles. Mr. Gabrelcik said they would be there until
he got the cars repaired or sold. �
Mr. Minish said s ame of the contractsfor deeds were dated 1970. Mr.
Gabrelcik said he has been using the property for 15 years, but just
purchased the land in 1970 from Carl Sorenson.
Mr. Erickson asked when the building was constructed on his property.
Mr. Gabrelcik said the building was about 15 years old.
Mr. Erickson asked how many parking spaces are provided on the plan.
Mr. Clark said there were 54. Mr. Erickson asked Mr. Gabrelcik how many
cars he has on the lot_ Mr. Gabrelcik sa;.d about 70.
Mr. Clark said there was an error on the presented p�an in that the
South driveway couldn`t be located as show'n.
Mr. Schmedeke said we are only considering the property South of
58th Avenue now. He said he wasn't opposed to this request, but there
has to be clean-up of the property. Mr. Schmedeke said there is a road
going by the property now, so it is visible from the street. He said
he would like to see a survey made of. this parcel, and I would like to
stipulate that 58th Avenue be continued as a street until the street
plan for the area�is determined. If a street doesn't go in, Mr. Gabrelcik
should have first chance to obtain the property. Mr. Schmedeke said that
in regard to Mr. Gabrelcik's glan, he would like to see some plantings
and shrubs in the front of the building. I think we are trying to be
as minimal as possible.
Mr. Minish asked w�at would happen to `1r. Gabrelci'r:'s operation if
the Special Use wasn't granted. Mr. Clark said this Special Use Pera�it
was asked for by the Council the last time Mr. Gabrelcir:'s license came
up for renewal. I thiuk it was the hope of the Council that in obtainir.g
the Special Use Permit, the business area could be better arranged and
cleaned up.
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ho�•� loii� does a �peciai lise Permit iast. :•ir. Ciark said you can,s�4ciiy
' how l�c�g a period it c overs. Mr. Gabrelcik needs a Special Use Perr:iit
to enlarge his use of the property as a stipulation of nis license renewal
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Planning Commission Meeting - March 7, 1973 Pa�e 12
Mr. Gabrelcik said he was given permission to use 200 feet of his
property for a used car lot in 1971. Mr. Erickson said that according
to the legal descriptions of Mr. Gabrelcik's property, this letter
covers the five lots in Hyde Park.
MOTION by Fitzpatrick, seconded by Zeglen, that the Planning Cou�ission
close the Public Hearing on special use permit, SP �A72-19, by Frank
Gabrelcik, to continue the existing Use as a Used Car Lot and conduct an
Inside Repair Garage Shop, to be located on Lots 6 through 10, Block 28,
Hyde Park Addition, and to expand the Use to Lots 12 and 13, Block 2, City
View Addition. Upon a voice vote, a11 voting aye, the motion carried
unanimously. ,
Mr. Erickson said if the Commission did recommend approval of this
Special Use Permit, we can put enough stipulations into it so that in ��
say, three months time, if it isn't cleaned up or whatever we want done,
the Special Use can be withdrawn.
� Mr. Clark said that before any stipulations were made he would like
to make some comments because they do pertain co the Code. According to
the Code you cannot park less than 20 feet from any right of way. On
� Mr. Gabrelcik's plan, he is parking right up to ihe property line on
3rd Street an�i 58th Avenue. Mr, Erickson said one stall could be taken
out on 3rd Street and this would get the cars at least 10 feet away from
the street there. He didn't think it was so important on 58th Avenue,
Ibecause there wasn't any traffic there. Mr, Clark said he agreed with
Mr. Erickson because it wasn't too practical to try and ge't this business
to me�t all the Code requirements.
Mr. Minish asked if the boulevard would be sodded. Mr. Clark said
that could be a stipulation, and also if this is going to continue to be
a car lot, you could stipulate, that over a period of time there be hard
surfacing of the lot and some plantings.
Mr. Erickson said the license is renew�d annually so the stipulations
of the Special Use Permit can be reviewed annually.
MOTION by Minish, seconded by Zeglen, that the Planning Commission
recommend to Council approval of the Special Use Permit, SP ��72-19, by
Frank Gabrelcik, to continue the existing Use as a Used Car Lot and
conduct an Inside Repair Garage Shop, to be located on Lots 6 through
10, Block 28, Hyde Park Addition, and expand the Use to Lots 12 and 13,
Block 2, City View Addition, per City Code 45.101, 3 B, D and G, with
the foxlowing stipulations:
1. The area cleaned up-and cars parked as shown on the plan. A
6 foot redwood fence used around the storage area on the plan.
No parking on 58th Avenue. This is to be accomplished in 90 days.
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H11C�i dT'S1I'i21� U::d �C�::�c i:�'�C OZ Si1TIuiE; tit;�:Li�it.Iii, J:1 CC1G �3IK1.^.b iUt.
Provide landscaping.
3. At the end of two years (1975=1976), the parking lot should be
blacktopped an3 curbing be put in.
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Planning Commission Meetin� - March 7, 1973 Page 13
4. Lots 12 and 13, Block 2, City View Addition, not be included
in the request:
5. No cars will be visible on the Iot that are not for sale or
operable.
UPON A VOICE VOTE, all voting aye, the motion carried unanimously.
, 7. VACATION REQUEST: SAV �k73-03, BY LAWRENCE MUGGLI: Vacate unused
portion of Lots 29 and 30, Hyde Park Addition, the unused portion
all being South of 60th Avenue Slip-off.
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Mr. Lawrence Muggli was present.
� Mr. Schmedeke said this vacation request was before the Plats &
Subdivisions-Streets & Utilities Subcommittee a week ago. The Subcou�ittee
recommended to the Planning Commission denial of this request at this time
, with the following stipulations:
1. That Lot 30 never be sold.
2. That Lot 29 not be sold until traffic pattern is solved.
3. The buyer be charged at least as much per square foot as the
� people in the area paid. for this parcel.
4. That this parcel be sodded and planted into evergreens, including
. the 12 foot alley attached to the East end of these two lots.
1 5. That the opposite triangular parcel created by this street, be
treated in a similar fashion of sodding and evergreens.
6. That the present alley should be plowed and reasonablL
, maintained up and includr.ng Lot 28, because of its location
along Fridley's main expressway, Highway ��47.
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Mr. Schmedeke said he wanted to make some comments on the January 22,
1973 Council minutes on the discussion with Mr. Muggli.. Councilman Nee
asked Mr. Muggli how he was going to use the property. Mr. Muggli stated
he had no special use for the property at the present time, rSr. Nee
suggested that evergreens be planted for a softening affect in this area.
Mr. Muggli also stated that people are using this alley and drive through
his property. The City has put up a dead end sign and this has eliminated
that problem. Councilman Utter said he wanted tne loopback and obj�cted
to the City selling the property. Mr. Schmedeke said he agreed with both
Councilmen.
Mr. Mugglie said he started this request to find out the standing of
the plan for this street. He said that if this parcel was ever available
he would like first chance to obtain it. Mr. Muggli said he was the only
property owner that could use this parcel. He said that if he ever sold
his property, for some reason, he would want who ever owned his property,
to have first chance on this parcel. Mr. Clark said it could be put in
the City record to notif_y the owner adjoining this parcel if at an�; *ime
l�r. Erickson said it would be possible this parcel could be so�3 by
resolution.
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Planning Commission Meetin� - March 7, i973 Page 14
MOTION by Schmedeke, seconded by Zeglen, that the Planning Commission
recommend to the Council�denial of the vacation request, SAV �k73-03, by
Lawrence Muggli, at this time, to vacate the unused portion of Lots 29 and
30, Hyde Park Addition, the unused portion all being South of 60th Street
Slip-off, with the following stipulations:
1. That Lot 30 never be so1d.
2. That Lot 29 not be sold until traffic pattern is solved.
3. The buyer be charged at least as much per square foot as the
people in the area paid for this parcel.
4. That this parcel be sodded and planted into evergreens, including
the 12 foot alley attached to the East end of these two lots.
5. That the opposite triangular parcel created by this street, be
treated in a similar fashion of sodding and evergreens.
6. That the present alley should be plowed and reasonably maintained
up and including Lot 28, because of i�s location al�ng Fridley's
main expressway, Highway �� 47.
7. Owners of Lots 27 and 28, Block 12, Hyde Park Ad3ition, be
1 notified if this property is ever available and this be noted
on the City records.
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UPON A VOICE VOTE, all voting aye, the motion carried unanimously.
8. LOT SFLIT REQUEST: LaS. ��7:;-03, A�*iBEP. CONS?'RUCTIO'd CO�IPAh'Y: Sp? it
off the North 20 feet of Lot 1, Block 1, [dorrei's addition, an3 add
it to Lot 18, Block 1, Amber Oaks Addition, to make a�� foot lot
' a buildable site.
Mr. Roger Sevre and Norman Dahlberg were present.
Mr. Schmedeke said that the Plats & Subdivisions-Streets & Utilities
Subcommittee recommended to the Planning Co�nmission approval af lot split
request, LoS, ��73-03, Amber Construction Company, to spi.it off the PJorth
20 feet of Lot 1, Block i, Worrel's Addition, and add it t� Lot 18, Block 1,
Amber Oaks Addition.
Mr. Erickson asked how far the existing garage on Lot 1, Block 1,
Worrel�s Addition, was from the lot line. Nir. Clark said it was about
10 feet. Mr. Erickson said this was a single garage and what would
happen if someone would want to expand this to a double �arage, rlr.
Clark said, as far as the City is concerned, they would rather have that
problem than have someone build on a 50 foot lot, rir. Clzrk said the
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Planning Commission Meeting -�March 7, 1973 page 15
� MOTION by Schmedeke, seconded by Fitzpatrick, that the Planning
Com�ission recoummend to Council approval of Iot split request, L,S; ��73-02,
by Amber Construction Company, to split off the North 20 feet of Lot 1,
, Block 1, Worrel's Addition, and add it to Lot 18, Block 1, Amber Oaks
Addition, to make a SO foot lot a buiidable site. Upon a voice vote,
a1l.voting aye, the motion carried unanimously.
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9. LOT SPLIT REQUEST: L,S, ��73-04, BY DENNIS C,CZECH: Divide Lot 15,
Parcel 1080, Auditor's Subdivision No. 129, into two building sites.
Mr. Dennis Czech was present.
Mr. Clark said this is part of an old plat that was left out of
� Gunderson Terrace, between Onondaga and Fireside. He said Mr. Czech's
lot is Z20' x 25 0' and he would like to keep 130 feet on the lot where
there is an existing house, to provide a larger back yard, The house .
, on Onondaga is 52 �eet back from the property line. The remaining parcel
wi21 be 75� x 120', which wiZl be the new building site.
Mr. Erickson said this would meet the minimum requirements.
Mr. Fitzpatrick said this split isn't in line with the other lots
in this block. Mr. Clark said it was off l0 feet so the 10 foot utility
easement would all have to be taken off the one lot. Mr. Clark said
he would have to check the easements on the other properties, and line
the easement up with �he other Zots.
MOTION by Minish, seconded by Fitzpatrick, that the P.lanning Commission
recommend approval to Council of Iot split request, L.S. �k73-04, by Dennis
C. Czech, to divide Lot 15, Parcel ZO$0, Auditor's Subdivision No. 129,
into two building sites, subject to the alignment of a 10 foot utility
easement on the 130 foot lot. Upon a voice vote, all voting aye, the
motion carried unanimously.
10. ARMORY �FERRAL
Wi2liam Cheeseman, Adjutant General of the State of Minnesota was
present.
General Cheeseman said he was here at the request of Mr. Clark to
expand or answer any questions the Commission might ha�;e in regard i:o
location or site, if a Nati.onal Guard Unzt is established in the City of
Fridley, and for your recemmendation to the City Council.
Mr. Erickson asked General Cheeseman ho;a �uch land they would need.
Generai Cheeseman said they would need a,:,inimum of 5 areas, which is
required by Federal directive, and we have to have tee simple title to
the property. By we, Z mean the State Armory Building Cou�ission.
Mr. Erickson asked who would purchase the nroperty.
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the State Armorp Commission, who in turn, turn it over to the State of
Minnesota.
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Plannin� Commission MeetinQ - March 7 1973 Page 16
Chairman Erickson asked how large the armory would be. General
Cheeseman said it would be approximately 18,000 square feet, with an
additional 28,000 square feet used for an asphalt road, sidewalk, parking
area, etc..
Mr. Minish asked if the armory would be available for community use.
General Cheeseman said civic functions where no profit is made, and it
doesn't cost the armory money, there would be no charge for the use. Once
the building is up, it doesn't cost the City anything for maintenance or
upkeep on the building. If the use does cost the armory money, there would
be a rentaZ charge. If the Firemen or Chamber of Commerce were to use it
for a dance, for instance, there would be a charge.
Mr. Fitzpatrick asked if there �aere gymnasium facilities of any kind.
Genera2 Cheeseman said the floor was concrete and the assembly hall was
7,000 square feet. This is large enough for a full basketball court and
they do install the baskets. As far as sports are concerned, it would
have to be used for intermural sports because there are no facilities for
an audience.
He said the National Guard would only be using the armory during the
, week end, Mr. Fitzpatrick said ther� is a need for recreational areas for
the Park Board. General Cheeseman said the armories have been used for this
purpose and there are locker room and shower faciliti�s.
General Cheeseman said the Federal Government pays 75% of the cost of
the construction of an armory, withi� the specifications they set up by
military ordinance. That leaves 25/o which actually gets to be abaut 30Pto,
that they won't pr�vide, that must be paid by the community and the State.
The State puts money in its appropriations and this money is for a new
armory to lease the facilities from the State Armory Building Commission,
The armory does not belong to our department. That money goes into paying
off the bonds. Also there is a payment by the community, as proviaed for
by law, in regard to tax levy on taxable property. This is payment by the
City, to retire the armory bond,
General Cheeseman said, in Fair�ont, Minnesota, where they just built
a new armory, it�will cost that City $6,000 a year for about 23 years. There
is a basic plan for an armory, and this particular armory, was �r�ore expensive
than most. They asked for additions, and �very City has different requiremet.t:
We can add anything that the army can share the use. �de had to turn down one
request for an armory because they wanted an ice arena in connection with
the armory and this cannot be considered a shared use.
Mr. Erickson said, in essence, the City is buying a piece of a building
and if they want to use it, there would be some fee for using it. General
Cheeseman said he thought it should be brought out that this will be Fridley's
Guard Unit, and so was a part of the ceaununity. The charge for civi.c use _
would be very minimal , iust the cos*_ �f c?��n->>�, 1� ^'�+-� ,�nd ?���* � r '
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Planning Commission Meeting - March 7 1973 Page 17
Mr. Erickson asked how much equipment would be stored on the property.
General Cheeseman said that would depend upon the type of unit, but it
would be vehicular equip�ent. Mr. Minish asked if our code calls for
storage of all equipmeut, how this wouid be handled. General Cheeseman
said this is what he meant that by meeting the requirements of different
cities, the cost of the building could vary.
General Cheeseman said that out of twenty communities, we only want
an armory in five of them.
Mr. Erickson asked how many men would use the armory. General Cheeseman
said a single unit armory has 120 men.
General Cheeseman said we do need highway access and should be able
to move our equipment without driving on residentzal streets. We also
need all the utilities. There must be sewer and water available.
Chairman Erickson asked if General Cheeseman had looked at any
sites in Fridley. General Cheeseman said he hasn�t looked at any sites.
He said we are making it known we want to locate five armories in the
Minneapolis azea,. If a community shows an interest in havzng an armory
and there is some sort of a commitment from the Council to support an
armory, which he said is quite intangible. He said he didn't want to
wave the flag, but it needs the patriotic an d univeral support of the
community. He ssid the Council has shown an interest by referring this
to the Planning Commission.
He said a site should be selected and ear marked�f-or an armQr�. Th�e
should be no transfer of property until a request goes into the Federal
Government for an armory to be located here.
Mr. Erickson said if the City Cour�cil said; we want an armory at some
designated location, then how long would it take.
General Cheeseman said it takes some time. They are working on a ten
year plan. He said the City would get a letter saying it is our plan and
program to build an armory in Fridley, ard give them a firm year. He
said the Council would then be asked to appoint a citizen's committee that
would work with someone from the military, appointed by the Governor.
Mr. Schmedeke asked if they are meeting with other suburbs also,
General Cheeseman said they felt that Fridley would be a good location
for an armory. �
Chairman Erickson thanked General Cheeseman for co:�ing.
11. REVIEW OF MINUTES ON ZOA 4�72-1I and SP ��72-18, UNION OIL COMPADTI'
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ttit3 �iI O�OS:�i . _ _ . _ _ .
Mr. Erickson said they did understand the proposal., but the traffic
solution presented with the proposal caused a lot of controversy at the
Public Hearing. The Planning Commission also felt there could be a better
solution.
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Planning Commission MeetinQ - March 7, 1973 Page 18
Mr. Minish felt a better plan could be made if the City were willing
to spend some money at the intersection. He felt this was a bargain-
basement solution, •
Mr. Fitzpatrick said he wasn't convinced this was a problem intersection,
� and thought the problem was mostly one of convenience. He said if we have
a problem intersecion here, it should be solved without typing it in with
what Union Oil would agree to.
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Mr. Schmedeke said it would have helped their recommendation if they
had been told that this was the plan Council, Administration and the
petitioner had agreed upon.
Mr. Clark presented a plan that had some changes in it from the
original proposal. Mr. Erickson said he could live with the amended pl.an
if there was signal and synchronizatian with the existing signals.
Mr. Minish said he thought this was a better plan, but not the
optimum plan,
The Planning Commission made no recommendation.
12. LETTERS FROM THE METROPOLITAN COUNCIL
Chairman Erickson said he had recei:ved two letters from the Metropolitan
' Council. One stated they had received their copies of our proposed
comgzehensive plan. There was also a notice of review, that the Metropolitan
Council is by law, required to send to the contiquous units of goverment
, and alI units of government and special districts that may be affected
by the proposal. 14 communities were informed they had the right to
review our plan.
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Chairman Erickson adjourned the meeting at 12:35 A.M.
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Respectfully submitted,
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orothy Eve sn, Secretary
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BUILDING STANDARDS-DESIGN CQNTROL SUBCONA�IITTEE MEBTING OF MARCH $. 1973
The m�eting was �alled to order by Chairman Zeglen at 8:15 P.M.
M�MB�RS PRESENT: Z��len, Lindblad, �onco, Simoneau
' MBMBERS ABSEN�; Whi�e
OTHERS PR�SENT: Jerxo�d Boardman, Planni�g Assistan�
MOT�QN by Tanca, Seconded by Lindblad� to ap�rave the minutes of the
' Febxuary 22, 1973 meeting as wxitten. Upon a voice vote all voting
ays, the motian passed unanimously.
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Consideration of a re uest to a rove an addition to the resent
structure o ort A r Home, ocate on ot loc �arsta
ition aut er 15 eet o ot roo view A it�on su -
ec_t to roa easement over out e�t; t e same ein�
ose o
Mx. Richard•Shintgen and Mr. Mark Brenny were �resent to'present
the request.
Mr, Shintgen said the �resent parking area won't be changed, and
� they would be adding a 70" x 24' addition on the East side af the
,buildinQ for storage.
Mr. Boardman was concerned about the parking problem. He said
' based 4n the size af the building and havin¢ a 70$ usaQe, there wauld
have to be 22S paxking stalls.
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Mr. Shin�g�n said the buildin� capacity a� the upper and lower
floors is• SQO, .
Mr. Zeglan said based on a 500 capacity, the present 125 parking
stalls would be suff�ca.ent.
Mr. Shint�en said any additional parking w4uld also be blacktopped.
Mr. Zeglen also noxed t�hat the paxking stalls are only 9' x 18',
and wi11 have to be brought up to code standards of 10' x 20'. Thexe
will also have to be 25' back-up aisles. Bath Mx. Brenny and
Mr. Shin�xen agreed.
Mr. Zeglen s�id there has been a dxainaae problem,along the South
boundary, also known as 68th Place.
Mr. Shin�gen said this draina¢e prob�eru was not on their property.
:�Ir. Bvaad:nan said rie V.oi.l:.� t.alk to :�1r. Qareshi, City Engineer, on
this prUblert.
Tt was noted that there is not a 20� setb�ick which should be a
pl�ntin� �trip, that poSgibl.� the present blacktanpine covers this
area, which is along� the �outh bau�d�xy p,� x�i��,r lot.
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-DBSIGN CONTROL
)MMITTB MEBTING OF MARCH $
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Mr, Shintgcn sa3.d whQn theX constructed the build%ng in 19b5, they
we�rs in acc4xdance with the present cade for 1965. Mr. Boardman noted
that the ordinance was chanaed in 1969, and they could be asked to
bring this up to present standards, even though �t was constructed pxo-
perly in 1965.
Mr. Tonco da,d not fee7. it was right ta ask ihem to tear out this
blacktop. Mr. Simoneau asked what the pxacticality of tearing it out
would be.
� Mr. Tonco asked fox a land survey to see wher� their lot lins began
in re,gards to detexminine whexe the 20' planting axea should end and ths
parking lot begin, A suxvey was not available at the meetin¢.
' Mr. Bvardman said to hold an a decision until they work out the �
parki.ng lot layaut and pxoperty dispute on the South boundary, and bxing
this information into City Ha11.
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Mx. Brenny a�d Mr, Shintgen said the addition would match the
painted blacks af the �resent building. �'
It was also nated that the dQors in the front will be enclosed,
with the door to the side.' Mr. Zeglen said safetv £eatures such as
safety glass, etc., wc�uld have to be braught up with the Inspection
Department.
Mr. �renny said a xamp for the handicapped would be provided.
Mr. Tanco asked if the landscaping p].an drawn in was the one they
would be using.
Mr. 8oaxdman said that ha had drawn the �andscaping in, as none was
provid�d on the plans, and he wanted to giv� them an idea of what th�
Ci.ty wauld like to see,
Mr. Bxenn� and Mr. Shint�en aaxeed to bring in a landscaping plan.
There is no r�rablem with the dumpsters or lightinA.
The cvmm�ttee asked if North Air Homes will be buying any land ta
the back of their present structur� and parking area in the future,
Mr. Bxenny and Mr. Sh3ntgen said they had contacted the owners, butf
they did not want ta sell at �,resent. Therefore they wanted to use
precast cuxbin� on the parkin� area along the East boundary.
'1Kr. Zeglen said this wduld be fine, as this could be an expansion
area in the near futuxe. �
MOTZON by Tonco, Seconded by Lindblad, that the Subcommittee �
• xecommend ta the Council approval pf ths request to construct an addi-
tion on �he present Nvrth Aix Home buildin� and parking lot axaund the
building w�.th the follawirig stipulations; ,
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B�UILDTNG STANDARDS-DSSIGN CONTROL SUBCOMMITTEB MBBTING 0� MARCH 8 197�
age t rce
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2.
�hat parking s�al.��.be bxou$h� up ta currant standaxd size of
10' x 20'.
Submi� landscap� plan to the City for approval.
3, Submit suxvey of parking axea along 68th Placs (South
baundary) to the �ngineerin� Aepartmsnt far approval.;
subject ta di.sputa �af property line, and aisa check an
the draa.na�e problem in th� area with Engineexing
Department.
4. Addition wi11 be made of the same material and painted
� ths same as the present structure.
' UPON A VO�CB VOTF, al�. votins� aye. the motion carried unanimously.
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2. Consideration of a r
mac in� �s o � locate
. - o�a line drawn Nort
�—ot�- �r.om .a oint on
05 utheast corner a
T e �.nnesota
" 6 �Knvx Avenue Sou
uest
on
at a
sa
to construct a buildin
ot 2 loc ommerce
ri¢ t an le to t e Sou
Sout line stant o 4
t� same e n 0 Com
Re uest Toal ra t
nneavalis. Minnesota 5
to be used as a
ar 1 �.n ast
line o sa
S eet West o
erce Lane .E.
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30 .
' Mx. William Zbikowski and Mr. Wayne Wormsbecker were present to
present theix request.
Mr. Zbikowski said the back (West s3d�) and left (South side� oi th�
building would be plain, fpr purpose of future expansion. There wi11 b�
break-a£i brick around the top of th�e b�lding,
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Mr. Tonco felt brsak-off c would nat b� necessary on the reax
aad left sides since future expansion will be on these two sides of ths
building.
Mr. Zeglen wanted to knoM i£ this parcel was bi¢ enough for this
expansion. Mr. Zbikowski. said yes, he has 3.8 acres.
Mr. Ze�len asked what they would be•manufacturing.
� Mr. �bikowski said they Mou�.d be maki.ng tools, dies, jigs and valves.
The operation is clean and there would be na pollutian and all dumpsters
would b� inside of the building.
' Mr. Zbikowski said they had checked the regulations for M-1 zoning,
and had txied to comply with the requirements, He also said the
parkin� area behind the building £or the manu£acture workers and the ,
' side paxking tor.patron� will be blacktopped.
. Mr, 8oaxdman poi.nted out that they only had 20 parking stalls an t�h�
' plan and would need 9 moxe to meat code rec�uixements. Also if the
future expansion went through as planned, they would have to have an
�dd�t�.on�� �� par�Cing st��,1s fox a total of 104.
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BUTLDTNG ST.ANDARDS-DESIGIti CONTROL SUBCOMMTTTfiB MBETING OF MARCH 8. 1973
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Mx. Tonco Said this could be done by pushinQ the narking area'
straiAht bacic to the West of the buildzna anather 60 feet.
Mr. Board�a�an saa�d h� would also have ta replace the curb at the
driveway entrance w�th an apran. Th$y wauld also be asked to put
ppuT�d concrete curb�inA �b" x 18") around the edges of the parking lot
and along �he driveway.
Mx. Zeglen said that the w3dth af the driWeway was only 24 feet and
they wou�.d like to see it 25 feet wide. Therefore, an additional 6 inches
an bvth sides of the dra.vewav would be xecommended to correct �ha.s
problem. Mr. Zes�len also pointed out that there will have to be a 10 foot
radius at the entrance of the drivewav.
Mr. Boardaan asked whax tvpe of truck wauld be using the loading
dock. Mx. Zbikowski said there is mainlp sma11 truck delivery with an
o��asiona� s�mi-truck delivery,
Mr, Tonco �a�d with the narking 1ot moved back r.he 60 feet, this
Nou1d ga.ve �he semi-trucks and smaller trucks plenty of room fox loading
and turnin� around without breakina down the edge of the blacktop.
Mx. Baardaan said that thexe would have to be a 6 foot screen
, for the loadinu dock because th� loadin$ area is on the side of the
building. Mr, Zbikowski aRreed on a 6 foot redwood screen fence.
� Mr. Tonco asked Mr. Zbikowski if he agreed with a11 of what had been
said as far as the parking 1ot, curlain� changes, loading area and the
scxeen fence. Mr. Zbikowski said yes, since it was his anly choice on
these mattexs.
' Mr. Lindblad asksd what kind of security liahts would be provided.
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Mx. zbiko�rski said th�xe axe l�axge sensaxy lights on the back of
the building aver t�he doors, and six lights on the front of the build-
i.ng. This wQU1d g�ve plenty of light far police surveillance.
Mx. Ton�o suggested that t�he Sa�th�xly wa11 an the lunch room be
st�rai.�ht (wall between lunch room and factory area)-and eliminate the
jog in t�he wall. The outsids windows would still be uniiormly spaced.
Mr-. ' Zbikowski ar�reed.
It was asked if the landscape plan bxought in wauld be the one used.
� Mr. Zbikowski thought� it would be. Mx. Zealen said not to put t�he trees
an the Sout�h side of the buildin$ as drawn in the plan, s�nce this side
�tould be the side for the expansion and �.t wau1�1 be a waste o� trees.
' �Ir. Zbikowski aQreed. The front and North side o� the buildin� will be
sodded. The rest of the area now covered by natuxal growth wi11 be
maintained y�ar around, ,
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Mr� Tonco asked if thex� was a dra�.nage pxoblem. Mr. Boardman said
there was not.
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BUTLUING BTANDARAS-DESIGN CONTROL SUBCOMMITTEE MP.ETING OF MARCH $ 1973
age ve
� Mr, Zbikawski said th� outside of xhe building is
break-oif bx�ck. � _ _ L .
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� Mr. Tonca said the l�xeak-�ff �rf�c must t�e painted,
break-afi brick would be need�d ovex th� pilasters.
stucco with
but that no
Mx. Zbikawski also said the front entrance ta the building would
� not be flush with the front autside wall, but wauld protrude.
MOTION by Tonco, Seconded by Simonesu, that the Subcommittee
� recommend to Council approval oi request ta construct a new building
for factory purposes wi�h the fo2lowing stipulatians:
I. Parking area be extended 60 feet �o the West for additivnal
nine parking stalls needed and create xoom for truck loading
and turning around.
�� 2. A 6 foot screening wall will bs pxovided between the loadin�
area on the side of the building and the street.
� 3. The curb will bs replaced with an apron and have a 10 fooL
radius at the entrance.
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4. The width of the driveway extended from 24 feet to 25 feet.
5. Poured cnncrete curbing (6" x 18") along the driveway and the
edges of the b�ack�on area.
6. The area left and ri�ht of the dxiveway, frant (East) of the
buildinQ and the side (North) of zhe building will be sodded.
7.� The a�creage no� bei.ng us�d fax �aarking or building will have
natural coverage and wi11 be maintained.
UPON A VOICE VOT�, all voting ave, the motioned carried unanimo�sly.
Mr. Edwaxd Gogswell of General Television was also present. �
His company has put money down in earnest on the lot at 350 63-1/2
Avenue N.�.. Fridley. Mi�,nesota 55432 (back of the Professional 8uildin�
and across £rom the drive-thru bank) in speculation o£ being able
�o have their business needs az�d the City requixements�answered for an
office and studia built there. Mr. Co¢swvell went on to sav thev would
employe 1.6 neaple, have 4Q'parking staZ,is, and all af their tower
-equipment will be i.nside of the building.
Mr. Cogsr�ell's main in�erest was the procedur� hs would have to taks
for the builc�ing plans. Mr. Baardman sa�d the first step would be to �
bxing his bas,ic preliminaxy plans for the building, exteriox finish,
�ar�Cin� area, landscapi.n�, li.ghtin�g and disposal service into his offa.ce
any time duxing officQ hourS. Mr. 8oardman wo�uld ,go over then with him
and t�hen dix�ct him ta thQ proper Commiss�ons ana meet�.ngs zor appxova�.
�t w�� a�.so pointed out �hat General T�l,evisian would have to build at
�east SO��e�t to the West oi th� Ea�sterl�► lpt 1ine, due to the iact that
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BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTE$ MEBTING OF MA.RCH $ 1973
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General Tel�vi.siQn's Io� abut� a R-Z Zone. Mr. Bo�xdman said this
would prabab].y hav� ta gp ta the Boaxd of Appeals.
Mr. Ca�sweli was sa�isfied and left,
Mr. Simoneau asked i� the dumvster pxoblem, at Sharewood Lounge
had been checked into and �ar�ectsd (braught up at the February 22, 1973
meeting). Mr. Baaxdman �aid he believed Inspecta.on loaked into the
problem, bu� he wo+�ld r�mind �hem again of the prabiem.
Chairman Zegl.en adjourned the meeting .at �Q;10 �'.M.
Respect£ully submitted,
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THE MINLIT�S aF THE BOARA OF APPFALS SUBCfkQ1ITTEE ETING OF MARCH 13 1973
�ita meeting was call.ed Co order by Chairman Minieh at 7;4Q P.M.
I�ERS PRESENT; Mi.ni�h, Crowd�r, Harju
, MEMBERS A�S�NTs Wah�bsrg
QTHER� PAESEr1Tt Darxel �larl� - Gcamaunity Aevelopmant Adm.
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MATION by Haxju ta app�c►ve �.h� Fabtvary 13, 1973 minutea a� written.
�econded by Cr�wder. Upon a voice vote, there being no nays, tha motion
aarri�d.
Mr. & Mre. Kieelin�er were pre�ent ta pre���nt the requeet. They stated thaG
Chey would like to conetxuct 1l �F fOOt addltion onta xhe frant o� thsis houaa.
7�'he dwelling ie a aplit entry and they wauld �nly be extending th� uppex isvsl�
Mr. Crowdex aeked why they didn'� add on either to the aouth or �hs easC?
Mr, Ki�elinger atated they wanted to add anto thB living room and the firepiacs
io on the south snd and a kitchen ia located to the ea'ot.
Mr. I�iarju pointed aut that accoxding to the •u�rvay they oA1y need a 2.5 foat
varianas.
Mr. Ki�slinger ptesented Co the �aard a 1���ex of "no objection" Fxom the
neighboza a� 5249 Lincolr� Stxeet�, Mx. & Mra. Jaa�a+� Pearaon, and also fram
Mr. & Mx�p . Orris Bal�. at 522� Linca]:n Streat N.F..
I�TION by Crowder, teconded by Har ju, ta ze�steive khe lettex� af app�roval
�ram tha neighboxe on either side. Upon a vaice vote, thexe being no naye,
ths moti.on car�ci�d.
Mr. Crawdax� inquired abc►ut tt�� plan deai.gn and Mr. Ki��lin�er explained
their id�a. Tt wa� pointed aut that thi� �ot 1s muah larger than normal
and th� houee cextainly would not look to larg� for thn �ite.
MOTTO�V by Harju, seeonded by Crawder, td alde� th1► pu�lic hl�gring. Upun a
voics vots� there being �no naye, the mot�.att catrried.
Mr, Haxju had pointad out thaG there ie a11 Ct��d�r af room t0 the •outh und
hs voiaed aame concern abaut thia requeat •ettin� �s precedent.
Mr, Crawdex atated he waa al�a aonc�rned �bout thi�, ho�tav�r, wlth tha
60 fooe �i�ht of way and a 3Q �oat str�aa� thera ia a 15 fooc boulevard Wha��
matt xeeidential sight of aays ar� 50 �e�t which ss��ult• in a 10 foot baulrtvard.
Mx, Mini.eh alao noted tha��Che o�re�t i� nat atsaight �a the howa• are not
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, The Minutea oi tha Baard of A,,,�p�ala Subcomm�ttee �iaating of March 13, �973 PaAS 2
M�TI4N by Q�owder to reaoamend to Council approva2 of the varisnce fram 35 f�et
, ta 3�.5 fset ta psra�it tha canotrua�lon �f a 4 fooC addition.
Socond�d by Harju, Upo� a vaica vate, Harju voting nay, th• motion carzied.
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I ' ADJOURI�NT ; , .
The meeting was adjouzned by Chairman Miniah at 8;10 P,M.
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MINUTES QF THE REGULAR PARKS AND RECREATION CONMISSION MEETING, FEBRUARY 26, 19T3,
MeeCing was called �0 4rder at 7:45 p,m., by Chairman Pitzpatrick,
MF.MB�RS PRES�NT: Fit�zpatrick, Kirkham, Wagar,
MEMB�RS EXCUSED: Blair, Stimntler,
QTHERS PRES�NT: Paul Brawn, Directo�r af Paacks &71Ci R8GT68t10A.
CathiQ Stordahl, Secr��ary to th� Commissivn,
�MINtlT�S FROM THE �JANUARY Z2, 1�%� MEETI(��
MO710N by KNc,k.ham, Seeanded 6y Glagan., �to appnove� -the M<.►�r�.tee o� $he Regu�ar. Pcvch.�s
' and Ree�.ea�fi,i.an Comm.i,���.an Mee.x.<",ng, da.ied Jan.ua�cy 26, 1993. The Ma�'.i.on ca�.Le.d.
PROPERTY AI�.lOI N I NG CRA I G PARK
rMr. Pitzpatrick called the Connmissionex�s attentian to the lettex from Muske -
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Tansey Company, regarding somQ property which is presently vacant, and adjoins
Craig Park an the West boundary. Th� ownex wou2d like to sell this property to
the City at a cost o£ $7,50Q.Q0. Mr� Fitzpatr�ck asked for cpmments on the property.
Mr. Brown stated that he had da.scussed the propexty with Darrel Clark, who is in
charge of the Building Inspection Department, and they had decided that the asking
px�ice was too high and development or undevelo�iment of the lot would nat have any
major effect an the Park. We presently us� the praperty for access to the Park
for maintenance purposes, but the lpss o£ this access would not create any problems.
Mr. Kirkham said that we don'x have any money fox puxchase in 1973. Mr. Brown
said that this wouldn't be a prablem because the gurchase of land in the 1973
Budget is not itemizcd,
Mr. Fitzpatrick said
1 scller that we�re not
that he doesn't feel
and Mr, Brown agreed.
that we should answer the letter, informing the raaltor and
inter�s�ed in purchasing the pxoperty. Mr. Kirkham said
there is a need to puxchase this pxapexty. The Commissioners
� MOTION by Waga�c, Seeonded by K,.i.nh.kam, .tv ccu.tha�u.ze M�c: Bnown �o wni.te a�.e,tten �o �he
Mccehe - 7an�ey Campavcy, �.n�an►rr�.ng .them .iha.t �the G.�.ty .�.s no.t �.rr,tene,b.ted �.n pwr.ch.a��.ng
Zh.e p�co p a�c-i y�Zo ca.�ed cc�t 19xh. and �.i�cwo o d Gla y N.�., a.�t �he $1, 5 0 0. 0 0 a.a Fr,i.ng pn,�.c e.
� Tke Mo.t,i,on ccvut.i.ed.
PLAYGROUND ACCIDENT ARTICLE ,> �
Mx, Fitzpatrick tuxned�the•Commissioner's attention to the article which had been
mailed out, Tegarding a playground accident in Caliiornia, in which a City had to
I pay �25,000.00 in damages and a hospital and doctar were required to pay $4,000,000.00
in damages. Mr. Fitapatrick asked just what the City of Fridley's liability ��ould
be in a similiar incider�t, and Mr. Brown explained that the City would be liable,
, anly.is negligence on the parx of che City, could be proven.
CLOSING OF ICE SKATING RINKS FOR SEASOqI
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The Cammission asked for reasaning on the closing date £or the ice skatina rinks,
btx. Bro��n c:<plained tnat there t��as onJ.y a certait: a:aount or �.�io,iey �:vailabie anci ti;:'
the rinks were cio�ed around the mi.ddle of February every year. '•1r. �rown w�nt QTl
to explain that since two teams in the Hockey Associa�ion were involved in Distr�et
play, that the Commons Hockey rinkS had remained open on two days�, in order that �ho
team� mi$hx p�ractj�ce, He �aid that Minneapolis closed most of their rinks about
this"same tim�, but that they ;amained ope� at sot�e of the major locations, in ardar
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, Minut6s af the Parks � Recreation Commission Meet�n�� Februa� 26, 1973. Page 2
f ICE RINKS �CQN�T);
� that they might ba�ter serve th� community, Mr. Barown said that� this would ba a
goad �dea ta implement for n�xt season. The Corrunissioners a$reed,
A1k1QURNNENT �
� MOTT ON b y Waga�c, �a ad,� o uatrc .i:he, m ee�ing at 8: 0 0 p, m,
Tho nexx r�gular meetin$ will b� held on Monday, March 26, 1973, at 7;30 p.m., in
� the Communi.ty Room of Fridley C:�vic Center,
, Res ectfull submitted
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CATHIE SOTRDAHL, Secretary to the Cammission
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E A� TE E I I MMIS MEE p EBRUARY 1
The maeting wss c�11e�d to ord�er lay Ghatrman� F�ther �d Chmfslewski at $;26 p.m.
hI�MBERS PRES�NTf F�th�r Ed, Mr, H�fin�s, artd Mrs. Hughes
hI�MBERS ABS�NT; Mr, C�ldwell, �nd Mr, MY��"�
Father Ed sugga�t�d � discus�sion of the By�-L�w�, a�d far the purpose of tfie
ord(nance Qf th� Articla�,
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F�th�r �d saf� that if any n�mb�r of th� commi�ston ls gQing to,be abs�nt for
th� m��t[ng, that th� �hairman a� th� commission be n�ttfled, Mr. Hafne� suggestad
a fiy� day npX1e� �iven to the� memb�r�,
F�thar �d �aid Ch�t th� By-Law� shauld includ� as a part, of the duty oF th�
� Cqmmiss�ion xA sse�k cr�at from the �ompany, 1ts prcagr�ss, its future plans, and
it� tirrn��tables of opera�ic�nR the mafn purpose af th� cAmmission is to be in
dialogue with the cQmpany.
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Mr, Hain�� �uggested discus�inc� Ar�icle II Subdlvisian 3, cancerning �►Memor�
andum of Und�rstanding'�, Th� element� contained in th� earlter report of the
Gpmmi��ican to the Glty �ouMCtl sho�ld farm th� content of this sectian of �h�
�y�Laws,
F�thar Ed suggest�d that �he CATV Gommission should elect a Chariman and a
Secr�tary�
Mr. H�ine� P�f�Cr�d ta Artfcle X stating that th�ere �houl�•be an attandance of
e�t l�ast 7Q p�rcent. H� a1sQ said that the ltmitations of tenure are not ta
�xc�:�d two te rm� . •
There was some� discussicar� of Ar�l�le VII sayin� that special meetings may b�
called and h�ld at any tim� in a public p1�Ge wh�r� conv�ni�nt to ths Commis�ioners.
Th�y could me�a� �ise-wh�arv if �h� Commisslon�r� �ranted,
AMENDM�NTS :
The Cc�mmissfcrn shauld vote and apprs�v� th� amendm�nts, before they go ta the City
Council, �ven in th� form c�� minute�. ',
MQTIQN �Y Mrs, Huc�hes to rec�eive approved By�L+�w$ and prelfmtnary approval tca ths
dra$t, wlth �dditi�ans and �ubstitutir�ns. Seconded by Mr, Ha(nes. Upon a voice
vox�, th�r� being no nay�, th� motion carriad,
EX E�T N ;
Tha nc�xt me��ting caf ths GATV Commfssion wfli be held an th� firsx Monday of
March at $t�0 p,m, Manday, March 5, 1973,
Ix wtll �l�a b� on the n�xt a9enda to glva the fina�l approvai of the Am�ndm+Qnts
mnd �ho By�laws of the CATV Commis�ion,
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CATV CQMMISSIAN hI�ETING OF FEBRUARY 5, 1�73
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Th� Cpmmissio� wlll a�k th� Glty Manager to alart fts legislative representative
to watch the progress of Cabj� TV proposals be�fare the State �,egislature, so
that our intere�ts are protected.
Mrg, Hughes suggeSted that th� Commiasian members should re�eive the minutes
and have them approv�d by e�a�h member befara they go to the City Council.
�4D�,OURNMEN�':
The meetl�g af the CATV Commisslon adjourned at 9:48 p.m,
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R�spectfully submitted,
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CAROL MADY
Ac�(n� Secretary
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LME MINUTES_ QF THE CABLE TEI.EVjSIQN COMMISSIQN MEETIbG QF MARCH 5, 1973
The meeting was called tp order by Chairman Fa�ther Ed Chmielewski at $:Q7 p.m.
MEMB�RS RRESE�T:
M�MB�RS ABS�NT:
QTHf RS PRESENT :
Father �d,
Mrs. Mugh�s
Sob Hinkley
Mr, Haines, Mr. Caldwell, and Mr. Myhra
and Ned Cog�well of General Television
The meeting was turned over to Mr, Bob Hinkley af G�'neral ;elevision.
Mr, Minkley said that tt�ey would try ta bring out scame of the things being
done and to try ta answer any questions thers might be, Th�y have selected the
site for the building, I� fs lacated vne•block South of City Hall facing 63rd.
There were a number of �ites to chaose from, but thi� one had been priced reason-
abiy well. He said that the lpcation was also v�ry ideal, as it was about half-
way tnbetween the high school and City Ha11, They wanted ta construct a two-
story or split level building fa�ing north, Th� facility is gaing to be 10,000
square feet which would include all offices and administrative space, and also
two studios, one for local stations and the other for public acc�ss or utilization.
They'ar� now working with preliminary drawings for the building, and they have not
y�t sslected a contractor, but they would within the next 30 to 45 days. They
have twA maJor cable contraGtors biddin� at th�: moment# for that project. He
said that he would like to acknowledge the faGt Xha� the Industrial Commission and
the City Manager assisted them �reatly in checking Qut the property available in
the City, and that he would like ta thank tMem, ,
Father Ed asked Mr. Hinkley wha the pr�s�nt owner of the property is. Mr.
Hinkley stated thaG it is owned by three indivlduals, but he could not recall the
names of a 1 1 af them, �
Mr. Hlnkley stated that he would like to tou�h on th� epplicetion that they
had made pursuant to the Ordinance. Their eppliGation has gone Ko the Federal
Communicati�ns Commission for compliance. There is a 3Q day time period after
submitting ths application during which time any intsr�sted parties can comment on
the application or protest to it, but no eane has, He said that their attorney
i�n Washjngton is working with the Commission staff r�ow and hopes that if there ar�
any sectipns of the ordinance which are not acceptable to the Gommission, that
they would have an opportunity to establish communic,ation between the Commission
and the City to discuss what problem might be, and perhaps give it approval con-
tingent upon some section. In the past, if 99°/4 af it was fine, just one sectlon
did not n�ed their approval and they would send it back, with the intent to save
time, He said that they haye also filed with their application to the Gommission, a
�n application for a micro-wave route between Chicago, Milwaukee, and the Twin
Cities, It is na necessarily a certainty that they will keep that route. They
are trying to do.� survey to ftnd;out what additional entertainmen� the community
might be interestded i�, ar to what` extent the community is tnteres�ed in news,
Mr. Hinkley then �tated that when'they discuss sales, they are tal ing about plan- �
ning �nd conceiving the program. 'He then asked iffthere were any �ings he had
not cove red . � �` ��
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, Mr. Myhra stated that at a conf�rence, a statement was made that cable TV
would not go over in Fridley or Bloomington. Mr. Hinkley $aid that he obviously
did not agree that lt would not go over. He said that the community is large
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enaugh and if they me�t their expectations for subscriptions, then it will go over.
' Mr. Mtnk)�y said that it depended upon what tha� approach would ba, and the atti-
tude of ths company. HE sald that you havs t4 have s4me� faith in your �community
and plans, after such a big inv�stment tca do a c�ood �job. .
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Mr. Malnes asked Pf Mr. Hinkley knew how long it would be before the FCC
acts on the proposal. Mr. Hinkley said that it would probably take about six
manths. Mr. Haines asksd if he could begin a�y�htng without the approval, Mr.
Minklsy said xhax they can da everything except put xhe switch in to broadcast
the signals. He safd tha� the cable installa�ian wil) start as soon as weather
permits, this spring. Mr. Main�s ask�d how quickly it cauld be wired up, Mr,
Cogswell said that it would take appro�imateiy four months. H� said that they
would like it ready to go by S.eptember I.
Mr. Hinkley said that thsy wauld like to start some kind of a dialogue through
the a uspices of the Commisslon or directly through the Gouncil. He said that they
would welcame some direction from the Commission, He said that eventually they
will be hiring peopl� in the program who would like ta work under it.
Father Ed said Chat around Sepfiember Bcaard members start thinking of what
programs they would like to do and what kind of possibility they would be for use.
Mr. Hinkley said that they would certalnly wel�com� the Commission's oversight if
perhaps it would be a functton that the Commisslon pe�formed, He said if the By-
Laws are adopted, that the recomm�ndation in Ar�lcle II Subsection 5 stating
"The Commis5ion shall be responsible for promoting, coardinating, and supporting
tha effarts af local per�ons and instltutfons in using the public access channels
for community we11-being;" that it would be one,
� Mr, Halnss said that the economics af it a11 will be a)ittla frustra�ing
for bath the Genaral Television and the CATV Commission for a while but he said
that he didn't know, for example,some of th� things that the schaol puts on, 1(ke
� the video tape r�play. He said he dldn"t have the� least idea af whet it would e�ven
cost. Mr, Hinkley said that something they wer�e planntng would be a full calor
;Mobile Unit, that they could se�d out. Mr, Haines said that it would probably be
a big thing in sales, the little kids like to se� their schools on TV. Mr. Haines.
' felt that it was extremely encou�aging, H� asked if any af the neighboring muni-
cipalities were getting interested in joining in. Mr. Hinkley stated that thcy
were vary interested but they could nofi go anywhere right now unti�l their appl(-
' cation is acGepted. He said that they are definifiely interested in the r�st of
Anoka CounGy.
Mr. Myhra said that Genera) Televsion sounded as though they didn't antici-
� pate any problems, as Bloomingto� had so many problems. Mr. Hink�ley said that
do not want ta be Judged by the TCI's performance in Bloominton. He said that
8loomington had not started planning soon enough for con�tructian to be done.
' Father Ed asked how Frid�ey's specifications were, and if they couTd meet them,
Ca��we11 said the speGificatlonS were all right with th� size of the system.
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GATV CQMMISSIAN MEETING� MARCH "�, 1973
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Mr. Hinkl�y said that he dtdn't know if he specified on the praperty. The legal
' status of that Is that both parxiea h�vs s�gned th� purchase agreement, but i�
hasn't been closed yet.
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F�th�r Ed thanked Mr. Hinkley and Mr. Cogswetl for coming to the meeting. Mr.
Minkley a$kad if they eould aSSUme that if the Commissfan appraves the By-Laws, they
eauld w4rk wlth the Gommissian f� the futur�, Everya�e agreed,
F�ther �d then asked (f everyone nad read the By-Laws, and if there was any-
thing to comment on. Mr. Caldwell asked about Articl� III, which states "The
busi�ess of this CAmmi�sla� sh�ll b�: conducted for the purpos�s here;n stated and
nat for any persanal financ(al or oCher gain of any GommissiQn member. H� asked
If that was � part o�' the Comm�ssfon's By-Laws, or something that was just a nor-
mal course pf �vents. Mr, Haines repli�d that he had taken it from another source,
M�, Caldwell said h� wouid like to know the purpose of +t. Mr. Haines thought tt
w�s gaod nak only for the Cammissioner'�, but for the people who get the By-Lews
who think af trying to get appointed to th� Commission, Mr. Haines suggested
chan9ing �ome caf the wording, Father Ed sugg�sted using the word "material"
somewh�r� in tha �antsx� Qf khe sent�nc�. �t was agreed that th� Article would
read '"The business 4� thls Commfssion shall be Gonducted for the purposes herein
stated and not for a�y personal�Financiai or other m�terial gafn of any Commission
mambe r.
Mr. Myhra quesk�oned Art(ci� IV which said 'Th�re shall be five members
appointed to this Commissio� by the Frtdley Cfty Councll. Apppintments shall be
made (n acGOrdance with provis(ons of Sec, 2$ of the+ C�ble Television Frenchise
Ordina��e. HQwev�r, no Commissiansr shall be sppointed ta more than twa succeedinc�
tvrms." H� then poinxed out Artic�}e� VI that s��id (in part) "'There sha11 be a
Chairma� caf the Cammissiqn, whoss appaintment shall b� made annually by ths City
Counetl.'� Mr. Myhra said it souqded as if there wculd then ba 5ix memb�rs on the
Commisslon. It was agreed that that part in the Article shauld be rewcarded, be-
�cause that was not �kh� idea, The Cpmmisslon msmber� agreed to reword it saying,
"Th�ra sha11 ba a Gha(rman of th� Cammission, appainted annually by the City Cou�,-
cil, from the membersh(p of th� Commission.
Mr. Caidw�ll brvu�ht up �he idea that wh�en th� Chairman is absent, the secre-
tary is supposed to be acting chairm�n, However, in this cas� that would be im-
possfbl�. Mr, H�in�s said that �vith so few members the Ccammtssion would sttll bs
able to funcxion, whereas a large group woutd be different. Everyone agreed.
Mr..Myhra su�gested th�t sameone could b� selected ennually. Mr. Haines s�id he
lfked it th� way it was now, and that he can see some advantage with it� Mr. Myhra
�c�rs�d,
MQTION by Mr. Myhra to change the w�rding of the two Artleles, and accept them.
Second�ed by Mr, H�Ines. Upon a yalce vote� all voting �ye, Fathe� �d declared the
mofiPor� �a�ried.
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CATV COMMISSION ME�TlNG, MARCM 5, 1�73 PAGE 4
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Mr. Myhr� questioned Articl��X as to how Mr, H�1nes eams up with the figure
Qf 7�°/q attendance�. Mr. N� f n�s asked 1 f 1 t Mas t�oc� high, H� sa I d i t was ,j ust a f i gure.
. MI', Caldwell said that the Arti�le sounded a� though they are recammended members
fpr r+�-appaPntment. Mr. Halnes sald re-appointments must be approved by the Coun-
ci1 and this would not bring aut any �mbarrassment tp a member,
MOTION by Mr. Galdwell for the Gommission to adapt the By-Laws as amended for
pr�sentation to �khe Councit� Secanded by Mr. Myhra, Upon a vofc� vote, all voting
ay�, �'ather Ed d�clared the mation c�rried.
Father Ed brau�ht up the other business. Disapproval of the Minutes caf the
h�e�timg, F�bruary S, 1973. P�ragraph two stating that members notffy others if
thera is to be an absenteeism among members, Shauld read. ��if Chairman or Secretary
is ta be absent, others should be notif�ed," Also Memo,randum of Understandinq, this
i5 not a main topic. It was a smatl item discussed my Cartmission membe�s.
Paragraph two under Memor�andum of Understanding had n4 content--delete. Mr. Myhra
�uqgested that the members of the Commfssion gst copies of the minutes besfore it
�o� to the City Council fo� approval,
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Father Ed adJourned the meeting of the CATV Gommission at �:36 p.m.
�t�spectfully Subroitted�
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�ARQL. MADY
' A�t i n9 Sec r�ata ry
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City Qf Fridlsy, Mln�escat�
BY-LAWS AF TH� CABIE T�LEVISlQN CQMMISSION
ARTICLE I
The name of thls GammPssion shall be th� Cabl� Television Commission.
ARTICI�E II
The purpose of the Cable T�levisfon Commisslon shall be to advise and assist
th� C1ty Council upon all mattsrs affecting th� CATV system within the City. The
Commission sha11 r�ceive reports frcam the cabl� campany as required by the ordi-
nance and act upon them as may b� deemed advtsabla. The Commiss(on sh�all issue
reparts, at least semi-annuaily, ta the re�idents of the City, The Commission
shall perform such specific func�ians and make speGific recammendatiqn5 as may,
from time to �ime, bs requested by the City Council or the City Manager. Some
SPBGlfiG functions and concerns of the Cammission ara enumerated belqw, however,
the Commtss(on shall not be limlted ta thes� expressed functlons and cancerns:
(1) The Commfssion shail dtscuss with the Glty Manager th� manner in
' which dependent responstbillties can b� coc�rdinated and carried
Qut rt105� Ci�f�GtIYB)y�
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(2) The Commisslan shall accept the responsibility Qf providing to
the community a public forum withfn which tha c�tiaens of Fridley
may fraquently express their views and participate in the devel-
apment of cabi� television tr� the Gommunl�y,
(�) Thes Gommission shall enter inta a�'memorandum of understanding��
w(th Franchisee and matntaln a�ontinuing dialcague with the
Franchl�ee on al1 phas�s of develQpm�nt qf cable television.
(k) The Cpmmi�5lon shall malnt�in survelllanc�, with the assistance
of the City Manager, ov�r ths day-tca-day opera�ion of the
company to determine the qualPty of ZL� service to subscribars,
ta observe its compliance with the Qrdinance as well as FCC
rsgulatlans, and to mak� regylarly schsduled reports on these
matters ta the Gity Co�uncil and to the citizens of Fridley.
�5) �'he Commis�ion sha11 be respo�sibl� for promating, coordina-
tin�, and Supporting the afforts of local pe�rsons and insti-
' tutic,�s (n using th� public aGCesg channels for community
well�be(ng,
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(f) TM+� �ommissian sha11 �Gtempt to �eak out grants and private
danatlons to promote loGa] pragramming and the pub]ic se r
vice use ofi cable talevistan.
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(7) The Commis'sian shall manitor �11 expe�rlm�ntatfon with n�w
�nd sp�cializ�d service� in the Fridley cable televlsion
�ysfiem and sh�aii mai�e recommendations ta th� Cauncil, and
ta th� Franchl�ae, whi�h wili att�mpt to prot�ct the inter-
ests of all th� consum�rs a� w�ll as �Co �ncaurage the deve)-
opm�nt of thcas� servlces that best s�rv� th+� public inter-
e�t and utilfze th� t��ted, new t�chnot�gy Af the art,
(8) The Commission shati have sufficient ta�itud� and freedom '
of opsration and sufficienk resources to enable ;t to
earry out its responsibilities objectively �nd fairly.
` ARTICLE III
The business of �hfs Commission sha11 be conducted for the purNoses herein
stated and not far a�y persanal financiai or other m�a�erial gain af any Commis-
s 1 on membe r.
ARTICLE IV
Th�ro shall be five members appointed to this Commission by the Fridley
,. C(ty Council. Appointment5 sha11 be made in accorda,nc� wtth provisions af
S�c. 28 of tha Cabls T�levi�ion Franchise Ordinance. However, no Commissioner
shall b� appointed ko more than two succ�eding terms.
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ART ICI�E V
Th� Cammis�ian sha11 submit it's budge� request to the City Manager prior
to �uly l��h af each year. 'The proposed bud�et sha11 b� submitted in a format
p�roposed by the City Manag��, The bud�et must be adopxed by the City Cauncil
priQr to its implementation,
ARTICLE VI
Th�r� shall b� a Chalrman of the Commisslon, appointed annually by the �ity
Coun�il, from thes membership of the� Commission. The duties of the Chairman shall
ba xhosa generally designat�ad to such office. In the absenc� of the Chairman,
a quorum of the Commiss�oners pr�sent may deslgna�te a Chairman pro-tem. The
mambe�rs of the Commission sha11 �1ect a secr�tary, who shall notify members of
meeting times and places, and who shalt seo ta the racording of minutes, and
furthar �hall catry out other duties usually associated wlth the functio� of
the secr�tary,
ARTIGLE VII
The Commission shail mest at lsas� four �ime� annually, Said meetings shall
b� he�ld an �he first Monday of F�bruary, May� September, and December of each y�ar.
TMesa me��fngs �hall be held Pn City Mall and sha11 begin at 8 p.m. Sp�cial
me�tin�s may be cal)ed by the+ Chairman or any three members of the Commission at
any tlme and be held In a publie �lace where c�►nve�fent to thQ CommiS�ioners, Alsca,
spa�i�l me�tings shal1 be held when requested by the Clty C�uncil.
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ARTIGLE VIII
Tha �ommis�lon sha11 submit su�h rules and recomme�dations to the CaunGil
as msy be de+termined apprQprlat�� Wh�n�ver r�commendations are mad�, thsy �hal)
ba mada in wrlting snd at i�a�t on� membor of th� C011'N11I851011 shall be pr�sent at
th+a Councll mssting at which recommendat(ona are cons(dered,
ARTICLE IX
Any thra� m�mbers of tMe Commis�ion� pressnt at any quarterly or spectal
me�tfng� sha1� con�t�tute a quorum,
ARTICLE X
Members of the Commission are expected to atCend meetings regularly. Atten-
dan�a at a m1�Imum of 7Q psrc�nt of all reg�,lar and specia) meetfngs held during
a Commisaionars appointment sh�11 ba essenxfal for �onside�ation by the Council
for re�appojntment,
ARTICL.E XI
fih� Cc�mmission may Gonslder amendments to thsse gy=�aws at any of �ts regular
or special meetfngs. Amendments shali be submitted ta the Ctty Council and shall
, baccarrie sffe�tive upon adoption by the �ouncil.
The �bave By-Laws are submitted ta the� City Council for a�pprovai by the Cable
T�laviston Cammiss(on this l�th day of March, 197��
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NQRTH PARK CQMMITTE� MEETING
MARCH $, 1973
Tha meeting openesd at 7:42 p,m.
ROI.L CALL:
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M�MBERS PRfSENT: Breider' Sporre� Seegar, H�rrls, Prairie, Stanton, Young,
Fftzpatrlck� We�ne�, and Barnett�
MEMBERS ABSENT: Peterson
QTHERS PRESENTt Mr. FJare and Miss Phyl 1 is Gotksche both of Brauer &
Associates, Rog�r Kaye, Barbara Hughes, Helen Johnson,
Chuck Sheridan.
Mr, Fjare introduced Miss Gottsche wha wil) be working on the feasibility study
on North Park. Mr. Fjare said that on February 26� the Council acted on th�ir
contract and since then they have become involved more. H� explained that the
reason th�y were there was to tell the committee where they were, hopefully
make the committee do some work,and talk tagether so that they can gefi some af
th� committee's attitudes and ideas, and eventually see where they are�headed.
Qne of the first items of business that they wanted to cover was to look over
a flow chart they have pr�pared, The flow chart was based an the assumption of
a 90-day duration of their work involvement on the project. Mr. Fjare then
explai�ed the flow chart. One lir�e represented potential for direct Council
co�tacts, verticle lines meant possible m�eting dates.' An arange line rep�s�
sented staff: Mr, pavis, the Parks and Re�erea�ion plrector, the Assistant
planner, and other interested staff. TheY had a meetfng last Friday, March 2,
at�whlch they showed them the same flow chart minus a few lines. A brown lino
meant potential as to committee'meetin� dates. Mr. Fjare said that what they
were doir►g right now was a great deal of brain-p(�king. He explained that ths
Staff Planner for the City has an extensivs list that he is pursuing. He said
that his firm has a large pile of files, notattons, and paper�clippings that
thsy have been pouring through� He sald that thgy havs made contact with Ram-
s�ey County and Hennepin County, and Mr', Fondrick of the Woodlake Nature Center
to go through the people that are working on it ln addition to them. Mr. Norm
Stone from the Croak's Meadows in Wisconsin w(11 bs used as the primary la�d
management man. Mr. Fjare seid that they have used him on both golf cours�s :
and nature centers before. Ther� will also be an engfneer from Brauer � Asso- �,.
cfates who has extensivs experlence with tha ecalogical assessment of man's
impact on soil� He said staff ineetings were set up for Friday mornings, Thes�
rrr�etings are primarlly a progress meeting wh�re they can hopefully apply any
additlonal dat� zhat they might need. They hope to have the regional base map
as well as the subregfonal base maps, and all of the ffrst ring suburb maps
around Fridley, collected by the 16th; and hava characterlstics identiffed on
on these� additlonal dat,aum that they fael they are lacking in. Starting around
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� NORTH PARK CQMM ITTEE M��T ING � MARCH 8, 1 j7� PAGE 2
� the 12th or the 19th they will also be pollshing the work dacument (which was
p�$sed around later) fn terms of �stabl(shing what they think,in thelr opin(on,
plus the cammitte+�'s ha)p,are the �olf caurs� and nature center criteria, sp
� that they can begin to make a numerlcal evaluatian on land resources maJored
�ag�inst program pot�ntials. OnGe Xhey begln ta final(ze �hat document, then
th�y can apprais� themselves, and with the help of the base maps, get into the
� fl�ld and begin to assess the physical data sa �hat they can brace themselves
and hQpefully gear for a m�eting on March Z9 where there will be a prese�ta-
tic►n of pr�liminary graph(cs that wlll be a work dacUment that doesn'fi involve
"ths can't be changed and altered:� They hope to assess themselves of North
� Park if th�rs is some possibili�y of identifying some alternate sites. Alter-
nate sites conc�rn th� study the same as what the conditions a�e that exist
presently around Frldley. Ha said that they are+ branching out fnto many of
� th�s areas that they think should be af evaluatian concern wlthin the scope af
th� project. They felt that Saturday, AprPl 7 would be a goad day to meet at
Clty M�1) and go thraugh the base map for further documentation and tha logfc;
and then if av�ryone can be weariny boots, or whatever is appropriate, take
� ths �ommltte� out into th� fi�ld and let them see first hand. He sald that
the document will be up-dated each tima they meet with the committee, He thsn
asl�ed if ther� we�� any questfons,
� I.ee Ann Sporre, committee member, asked if the committee couid attend the
staff msetings. Mr. Fjare sa�id that he r`eaily didn't know but that hs didn't
think Mr. Davis would mind. Mr. Brelder sald that the staff only collects tha
� data for th� committees, so that the staff ineeting would anly be a duplication
of what the committee meeting would be.
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j Mr. FJare then passcd around a small pamphlet af paper from which the com-
mittee wilt individually,ar �s.a group, weigh different aspects of a golf course
or a nature center study. Also included was land mana�ement, He said that the
� purpos� of this was to gat som�e interchange gofng an� Each page had Griteria
that would be important in either case, The weight of each ranged from 1-10,
IQ being the most Important.
� Mrs. Sporre askcd if they could add anythtng to a csrtain page, Mr. Fjare
said that they d�finitly could.
� The committee then dtvided up inta twa groups and were instructed that they
cquld leave when ftnfshed as nothing else cauld be done until these were studiad,
Respectfully submitted,
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CAROL MADY �
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� Acting Secretary
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� Frank Liebl
Mayor of Fridley
C/0 Fridley :ity Hall
� 6431 University Avenue
Fri dl ey� Minnesota 55<'.21
Dear Frank�
6500 Piecce Street, N.E.
Fridley, Minnesota 55432
29 January 1973
Attached are ]etters defining, as realistically as possible, the damage to
our Chinese Elm fence that borders on Mississippi Street. For several past
winters the City sidewalk snowclearing equipment snowblows the snow deposited
onto the sidewalk, from plows clearing Mississippi, onto our lot and for those
same several springs we have seen a progressive kill of this 1"15-foot natural
fence. Samples of the plants have been sent [o [he l�i;iversity of Minnesota for
analysis and the resultant prognosis is attached. I m�gi�t add that the natural
fenee (established for now 8 years) experienced no type of progressive demise until
the city started blowing the excess plowed snow From Mississippi Street� and then
the sidewalk, ont.o our property. The majorit}° uf the fen�:e (about 70% of [he
b�shes) are now dead and will have to be replaced.
AttacheJ is an f��timate uf zhe replacement costs of which I would request the
City to consider a3U7.5ti as reasonable reimbursement costs for compleke replacement
wi[h bushes t}iat have an extiibited higher tolerance ta salt kiil.
I would appreciate yr�ur response toward any furthec questions or the city�s
position regarding compensation for the aforementioned darnage.
t�TM; va p
Enclosures
Vecy truly yours,
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Henry T. 14elcher
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AGRICULTURAL EX'�'ENSIOIV S��iVICE
UN�VERS�TX iQ►F MINNESUTA
Ixsmnrre o� A�ac�.�
S�r. P�vy MnrKUar� lfS101
Aate+ Julv 9. 1�,`7,.�„ Addreas correspondence to:
P].ant Aiaea�e Clinic
Ur�iveraity of Minneaota
St, Pau1t Minnesota 55101
Dear �Irs . Melcher :
The specimen of Chinese elm
which you sent to this o�fice was found to be damaged by, an unknown agent.
Recommendati,ons;
�ram the symptom�, salt injur�► is suapected. ,Are these ahrubs neax a
�oad o�' driveway, say wi.thin 24 feet? If �o, this is a po�sibility.
There does not seeu� to be � patho�en invca�ved, Se� �nclosure under
salt taxicity. �
Epclosures:
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Very truly yaura,
C/ ' l� � , -a��►'�''��"a
W, C, 3tieneCra
Extension �'lan�. �atholo�ist
WCS : j �
��ivivClll/Tr oR MtNN►.IOTA, V. 8. A�PAwTM)sN7 p� AG�1cYL'rVR� AMp COVMTT R;T�1�1/�Ol1 tiRYICR/ f.Of�lk11ATIWt:
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� ths dormant seasaM can cause difterential �on-
tractio�, of wood within tr�e trunks, '�'he result
is the opening a£ lcang vertical fiaaures in waod and
bark. Froat cracka xnay accux in succe�ding years
' in ths �ame piace, causing exeessive form�ttion af
Callus tissue or swslliz�g on one side of the tr+ee,
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WATER DEFICI'I' INJURIES
D rought
In yeaz�a when rainfall la law, many tree
species can be subatanLially weakened or killed
by drought, Introduced species, iike Colorado
blue apruc�, and recentZy planted trees are very
susceptible to drought injury. Branch dieback
may be tha direct result of drought but waakened
treee also are suaceptible to attack by insects an�
diaeas�-causing parasx�e�, , ,
Species such as box eld��r, green ash, hack,
berry, lo�ust, paaderosa pine, red cedar, and `
siberian elm are fairly drought resistant. However,
obtain eaed of theae trees from relatively dry areae
because strain differencea occur within species,
Leaf S�orch
A sudden aad rapid loas of watex from mapie
lsaves du�ing hot dry weath�r may cause leaf
scorch, AfEected Ieavea have yellow ar brown
rriar�ins and remain on the tree. Qr, the a£fected
tree �nay just lose its leavss prema�urely, Wat�r-
iag durin� hot dxy weathex x�nay prevent or alle-
viate the problem on small trees.
ROQT DAMAGE
Transplant Injuries
�'�ansp�ant in,�ury is a xnajor cause of tar�e
loss; many roota are lost during diggiag. So, to
compsnaate, in the ease of broad-leaved trees,
a propoxtional amount o£ the top must be re�nnoved,
By raot �runing, nurserymea train tar+�s roats to
farzn rriore coxnpact masses so that a greater
percentage of roots car� be taken up when tx�es,
'especiall.y evergxeens, are transplanked. Early
sprin� generally is the preferred tirne £or ti'ans-
planting treas.
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Oxy�er7, Deficit
A def�cit of Qxygen in the roat zone intar�
f6re� �yxth norx�zial life grocesses; dieback of
branches often occura. Extensive £looding or
soil fxll on top of exiating soil rsduces ths oxygen
supply to roots. After this accurs, trees may npt
show symptoms of oxygen deficiency for � or 3
ysar�. F'requent use of paths compacts soi� and
reduce� oxygen and water movement thraugh it,
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Sidswalke, driveways, and streeta also �imit oxy-
g�n and water uptake by roots.
CHEMICAL DAMAGE
Herbicide pamage �
Treo damage from hormone herbicide sprays
often re�ults, even if they are used several hundred
fset away, Affected leaves become distorted,
twistsd, curl�d, or cupped; mar�ins turn `�rown.
Or, a£fecte�d ieaves may be dwarf�d,
�uitl.t TOxiciky
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�Sa�t applied to streets in winter is absoibed
later by roots of bou�evard trees during the grow-
ing sea.son. This results in varying degrees of
margir�at browning af leaves. Dxeback may occur
in trees damaged in successive years; some trees
have died.
Other Chemical I�juries
Fuixze• trorw some industrial processes can
caus� eh�oroeis, spotting of foliage, and, in
severe cases, defoliation of trees.
Daxnage frozn. dog urine on conifers, especiaily
arborvitae, 1s evidenced by black needles.
Foliar spraya, normally conaidered nantaxic
to tree�, znay cause �eaf i.njury if applied during
hot weather. A1so, a spray concentration recom-
mended for one species rnay be taxic to another.
M�GHANIGAL INJURIES
Mechanical injuries to trees can be ca:used by
ice, hail, lightning, znachinery, wind, and other
agents. 'These injuxi.es may or may not kill
a tree, dependi�g or� the severity, BuL wounds
can be entrance points for disease-causing para-
sites,
LAGK OF NUTRIENTS
Soils deficient in nutxisnts da not eupport
norrraal txee growth. Know the fertility of your
soil by havin� it tested; then adjust nutrient l��vels
accordingly. Trees �rowing on nutrient-deficient
soils znay be anare subject to attack by parasiees.
Istued in furtherqnCe of �perative extension work in agriculture and home
econvmiet, act� of Mey 6 end June 30, 1914, in cooperadon wieh the U. S.
Aepartment of ARriculture. Roland H. Abrahun, Dlroctor of Agricultural �xten•
�lon Servia, Unfvenity of Minnaota, St. Paul, Minnesota SS l01 SM••2-69
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FlORISTS, KURSLRYMEN ::NGE 1885 � 60i0 LYNDAtE AVf. SUU IH, MINNEAPOUS, M{NN. 55419 � TEIEPHONE bt1,'ti6Sf 146i
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Mr. Henry Melcher
6504 Pierce Northeast
Fridley, Minnesota
Dear Mr. M�lcher;
As requested by you, wa have examined the plant waterial
on your propexty which was recently damaged.
We submit the following list of replacement casts: ,
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75 Zabel's Honeysuckle 3-4' Plan,ted $307,50
Labor to remove and haul away Chinese Elm Hedge 300.00
' Tax 5,10
$612.60
The above plant material is covered by our liberal guarantee.
We apprec�.ate this opportun�.ty to offer our quoCation and sincerely
� hope to be of further service to you.
$1S.OQ charge �or ;inapection and lettexs.
Tnvoice wi11 foilow.
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Very truly yours,
� %'*-T /1- ,%y'.dr�z-�'1
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3ack R. Maore
Landscaping Department
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E4RANCM SHOPS: BftOOKDALE, DAYTON'S-DOWNTOWN �`'°' � EDINA, RADISSON HOTEL, ROSEDALE. SUUfNDALE
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CITY OF FRIQI,EY
MEMORANDUM
T0: GERALD R. DAVIS, CITY MANAGER, AND CITY COUNCIL
FROM: GORDON MIDDAG, PURCHASING AGENT
.SUBJECT: BID OPENING FOR LIQUOR STOR� CASH R�GISTERS
DATE: MARCH 16, 1973
The bids for cash registers were opened at 11;00 a.m. on
• March 16, 1973. One bid was received, opened and recorded.
Attached is a final copy of the bid opening report.
Company Bid Security Gross Price Discount Net
Nationa1 Federal Insurance
Cash Company -
Register Bid Bond of 5% $21,675.00 $2,300.68 $19,374.32
The National Cash Register Company meets a11 specifications
and is recomnended the contract be awarded to them.
I T E M# 16
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RECEIVING BIDS -
.6i621+FOR LIQUOR STORE (BIDS OPENED
11:30 A.M., MARCH 15, 1973)
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Memo To: Gerald R. Davis, City Manager �
City Council
From . Gordon J. Middag, Purchasing Department.
Date . Ma.rch 19, 1973
Subject: Bid Opening for Liquor Store Fixture. Equipment
The bids for the fixtures and equipment were opened at 9:30 a.m. l�,arch 19, 1973.
Attached is a final copy of the bid opening report..
Company Bid Security Total Bid Less Total Less Total Net Price determined
Price deduct alternate on trade in & deduct.
items
Display Bid Bond 5% $19,950.00 $900.00 $2,225.00
Fixtures Inc. American
1966 Benson Ave. Empire Ins.
St. Paul l�inn. Company
Harrison House Cert. check $43,083.00 none $6,315.00
5901 Wayzata Blvd.$2,154.15
Mpls. Minn.
It is recommanded that the contract be awarded to Disglav Fixture Tnc., the
low bidder in the amount of $19,950.00 gross bid, less trade-ins and deductible
items yet to be determined
GJM:et
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MEMORANDUM
The Frid3ey City Council and Fridley City �lanager
From: Virgil C. Herrick, Fridley City Attorney
Re: Locke Lake
Date: February 23, 1973
I am submitting this memorandum regarding certain Iega1
questions concerning: (1) the ownership of the bed of Locke Lake;
(2) the right of the pubZic to use the waters of Locke Lake; and
(3) 1egaZ responsibilities of the City of Fridley pertaining to the
lake and the. dam.
As �ou are a11 aware, Locke Lake is a man-made Zake. Prior
' to the construction of the dam at the Westerly edge of said lake, the
property now inundated by the lake appears to have been part of Revised
Auditor's Subdivision No. 23. This property was bisected br� Rice Creek
, and was privately owned in the same manner as any other property in the
Cit� of Fridley.
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On January 13th of Z955, the Village Council of Fridley passed
a resolution stating in part:
"Whereas, Otto Ostman, at his own ex,pense, �roposes to build
a dam in Rice Creek at the Zocation of the o1d street car
right of way at East River Rd. and has applied for permis-
sion from the Minnesota Department of Conservation .. .
BE IT FURTHER RESOLVED, That after the dam has been con-
structed, the Village of Fridley accept it far permanent
maintenance and assume the fuZ1 responsibility for main-
taining the proper water Zevel as established by the
Department of Conservation.°
Following the passage of this xesolution, the Conservation
Department issued a permit to the Village of Fridley authorizing the
construction of the Locke Lake Dam. This permit was dated February 21,
1955. The permit provides in part that the vil.Zage sha11 assurne a11
responsibility for operation and maintenance of the darr. and that they
sha11 provide a perpetuaZ easement for ingress and egress to the dam.
It goes on to state that the permit is permissive only and t1�at the
pezmit sha11 not reZieve the village of any Iega1 responsibility, and
in addition it holds the state harrr�ess from anu cZa? m.s.
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It is my opinion that the ownership of the lake bed is
private. This Zand is owned by the people who owned the property
prior to establishing the lake r�r their heirs or successors. In
examining t.he half-section sheet, it appears that there are approx-
imately 12 to 15 persons who owrr a port.zon of the lake bed. I am
also of the opinion that the ri�ht to maintain the dam and the water
1eve1 established by the dam has been established by prescription,
inasmuch as it has been in existence more thari 15 years.
It is also m� opinion that the waters of Locke Lake are
ptablic waters. Minnesota Statutes, Section 105.38 states that:
"Subject to existing rights, a11 waters and streams and
lakes within the state which are capable of substantial
beneficial public use are pubZic waters subject to
controZ of the state. The pabZic character of the
water sha.Zl not be determined exclusively b� the pro-
prietorship of the un�rlying, overlr�ing, or surrounding
1and, or on whether it was a bodr� or stream of water
which was navigabZe in fact, or susceptible of being
used as a highway for eommerce at the time this state
was admitted to the tmion. This section is not intended
to affect determination of the ownership of the beds of
lakes or streams."
It seems apparent that the waters of Locke Lake are susceptible
to public use and, therefore, it would be c�nnsidered a public 1ake.
There is pub,Zic access to the water, therefore removing an� problem
of the public gettzng to the water without trespass. It shouZd be
emphasized that it is possible for the bed of the Iake to be private
and the character of the water to be public.
It appears that the City of Fridley has the responsibilit�
to maintain the dam and to irraintain the �rater elevation at the Zeve1
established bz� the Minnesota Conserrration Departrnent. The Zeve1, of
ctiurse, wi11 fluctuate, depending on natural conditions; however, I
understand that the outflow elevation of the dam was established by
the Conservation Department. Ii would be m� opinion that the city
would be liable for damages if they were negliqent in the operation
and maintenance of the dam. Da�ge caused by unusual weather condi-
tions would probably be determined an act of God and beyond the
liability of the cit�.
� At the present time, I do not feel that the City of Fridley
has any Ie�a1 res�.c�nsibility for th� rnaintenance of the Iake _nr its
bed. In making th.zs statement, I wish to 3ifferentiate betwe�n 1ega1
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liability and econornic and poZicy considerations whic-.h the council may
wish to consider. If the city were to acquire ownership of the bed
of the 1ake, their 1ega1 responsibility would very 1ikeZy increase.
If the lake conditions do siZt up and the city owns the bed, the
city would probably be required to maintain this propert� so as not
to create a nuisance. Likewise, if the darr� were to be removed or
malfunction, then the city would have a svbstantial area of property
that would require maintenance.
If the waters of Locke Lake recede, a substantiaZ number of
p�ople presentl� having lakeshore lots would Zose their 1ega1 access
to the waters edge. I believe that it would be to the advantage of
those people to have the Iake bed divided so each of them would have
ownership of that part of the bed that Zies adjacent to their 1ot.
This procedure would require extensive survey work. However, consider-
ing the nurr�ber of peop.Ze Ziving around the 1ake, the cost per individuaZ
should not be excessive.
VCH/j1h
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STATUS REPORT FOR PROJECT #102-2 (STONYBROOK CREEK)
NMQ/ J m
Work Completed as of December 31, 1972
137 Sections of Retaining Wall
286 Tons of Rip Rap
Pro'ect Costs as of December 31, 1972
Wages � 7,232.25
Materials 7,269.05
Equipment 4,09Q.35
Advertisement 53.61
Miscellaneous 22.10
TOTAL $18,667.3�i
Requests for Additional Work
Requests have been made to install
22 sections of retaining wall in
addition to the work completed to
date.
Estimated Cost for Additional Work Rec{uested
Assuming ru.ilroad ties for the
retaining walls can again be
acquired free of charge -
$4,103.55
� If railroad ties for the retaining
walls must be purchased -
$4, 722. 30
Comments
The original authorized cost for the project
is $22,000. As of December 31, 1972 $I8,667.36
has been expended,leaving $3,332.64 as authorized
monies. In order to perform the additional
work requested, additional funds will need to
be authorized. Please note that if the original
requests are acknowledged and the additional work
.completed, more requests may follow. Direction
by the City Council is requested regarding the
additional cvork and continuati�n of the project,
Respectfully submitted,
N�a�.� ,' _ �_ .
�„E,�.�.�.c
Nasim M. Qureshi, P.E.
City Engineer - Director
of Planning
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MEMQ 'I'0:
� MEMO FRQM;
� MEMO DATE:
REFERENCE:
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Gerald R. Aavis, C#.ty �Ianager and the City Council,
'; Nasim M. Quxes'h�, CitY Engineex ��;
March 15, 1973
Report and Recommendation Regaxding Sanitary Sswer Pxoblem
in Capitol Street
Councilmen Nee and Utter and I met with the pQOple living on Capitol
Street on Tuesday, March 13, 1973 xegarding the sanitary s@wer problem.
CQnsidering all the factors and the costs, I made the following recom-
m�ndations to the people:
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1. Repair all the breaks and deficiencies in the Capitol Street Sanitary
Sewer line as indicated by the television report.
2, Do a periodic xeview of the line and provide flushing every three ,
months.
3. Waxk with this set-up for a yeax and if the people are still having
txouble, provide ejector pumps on all the propexties still con-
tinuing to have problems.
pt pxesent, it seems there are only tl�rae property owners around the bend
in the street that have a considerable amount of trouble. The cost of the
woxk would be shared equally betwaen the City of Fridley and the home e►�mer.
After tha� work is done, the City would x�vxew the situation for another
year, then xhe City Council would hold anath�r public hearing regarding the
paving of Capitol Str,est.
��e�� thp c�i�ex ��c����,1 �� x���yi�� x�� w'�q�� i�.t►� �� P�avi+�in� �
�ift �x�ti.on �,� au�to expmr���,vo �nd a��o� �x mi�ht c�u�o groblams with �ha
gxopaxtl�� dawn�tream o� the 1ir�e. The xauto boi��� augg�e�t�d in th� pxagos�l
�,� the least e�an�ive with the po��ib�.��lty Q� p�ov�.di�ng additi.onal ��oetox
pump� �� �has� axe waxxanted, I� t��.s w�Y, w� wau�.d be t�r�r�g to mi.nimi.za
the prAblem hy a ste�a p�,a,n a�d xeaGt�.�g tca th� r�eods a� ��e situatalon
r�qui.x�s. •
'�'��xe wa� a genoraJ. agxeemor�t t�a thi.� pxopa�a� a,nd i£ this ple►n i�
� acaept�ad by the City Couna�,�., t'��a� w�+ w�u�d prQC�ed �n th�s basi� ar�d would
�tart t.�a x�p�ix work on th� �an�taary s�wer line within t�e nex� two month�
� tha w�ather pex�mit�.
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'Thank you. �%� � * .
�Ir►
N�sim M� Quxesh , �.E,
City �ng�.n��r � Dixector oP Plannin�
NMQ/ j m .
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USE ATTACXEA MAP, IF NECESSARY
2'O EICPLAIN PROBLEM
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' RE�UI�AR CAUNCIL Mk:�TING OF MAX 1$, 1974
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ONSIDERA'J�'ION O�' RE:QIJES7.' TO ALTEI� LANDSCAF'ING AND PI.ANTING PLAN FOR HOLIDAX
S�OREs �
I;�r, Keith HQivens�.at, Haliday, said that he has submitted plans for the
pxo�osed change. He sai.d tha�. theX wish to im�zove the entire border area
along 57th Avenue, by rema�ri,ng a11 of �h� whi.te stane, which is very
dif�icu�,t, t�° keeP in Place� seed or re-sod the entire area, and repiant in
its preaent confiqurat�.on approximateiy 100 ev�xgreen trees. He said that
they wish ta remove the green plantinq area within the parking lot and
replace with concrete. The purpose is to make it more sightly and easiez
to maintain. He said that they have found that due to inadequate water,
salt, qrime, and oil from the automobiles, it is virtually impossible ta
keap these are$s ia proper condition. The plantinqa Which do exist serve
as a barrisr which collects paper, cans, bottles, and other debris. In
renwving these, they feel tha� it will make the lot easier to clean and
maintain. Ha said that they plan on contracting out the sweeping, and then
the conarate insets'could be swep� also. He �aid that they plan on sweepinq
twic� a week, onae just before the weekend and once just after, if that
will be sufficient. He aaid that they plan to include waterinq of the sod
arid the �verqreens along 57th Avenue.
Counailman Harris asked if sweeping twice a week is not enouqh, will it be
done oftener. Mr. Holvenstot said that they would. He admitted that the
m�intenance of the lot ha9 been substandard., He said that they wanted to
maintain a clean, neat appearance. ' � ,�
MOTION by Cpuncilman Harris to appzove the landscaping and planting plan
' as submitted by Ericksan Petroleum Corp. Secanded by Councilman Liebl.
Upon a voice vote, a11 votinq aye, Mayor Kirkham declared the motion aarried
unanimously.
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�ouncilman Liebl said thank you to i�tr, Holvenstot for his cooperation.
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ATSCUSSION REGARTITNG STDEWALKS ON WEST MQORE I,AI(E DRIVE:
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The Ci�y Engineer repor�.ed tha� there have been three rows of stakes ,put in.
�ne zow repxesents the placing o� the sidewalk in the Gity right of way, one
xoF► i� the propezty line and the other row is wi�ere the sidewalks would be
on the property owners' 1and. He said that he talked to 6 property owriers,
which was all he was able to Gpntact, and they s�ill fesl that they do not
waat the sidewalks. Mr. Nawrocki has the problem that the street is Off-
centered in front of this lo�, so k�e suqqested that the sidewalks could be
on hia property by 2 feet rather than the 5 feet. `� �
Councilma�n L�,ebl �aid that from what he has �een, the children mostly use
cazs and l?ikes to qet to schoo].,and th� beach. He said that he would hate
�o �ee the besutiEul trees lo�st, e�pecially in light Qf the tree beauti-
�iaa�ion program Fridley has. He felt that thia is strict,ly a residential
n�ighborhood and that the sidswaiks were not needed nearl� as much a9 they
are on EasG Fti.ver Road,
MaXor Kixkham said that the oriqinal intention was �o prav�de oPf stree�
s+�P�ty �p� at�der�Ce or� the way to achool. COWiCi13qa3� Si�eridan agreed dnd
poinked out that there are qlready si�iewalke arqund the schoals.
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• lAW OP'PICES
SCHIEFFER� HADLEY� $AKHE 8e �TFN6EN
R14MARp.1.iCNIRPPCA • ��O IIIROOKPALE TQWER$
P,MAl14�71 i_MAC�RY !67*� AVRI^IUC NORTH AT DRQQKDA�C CCNTEW
AA41,J,AAKK[
R�v�p I.,,I[NS[N MINN�APQ41S, MINNE$QTq l�84�Q
.1LR/lIC�A.CAAiON TCL�AHQNR �18��61-33Q0
OF CQVN�L4
WI�,�,IAM J, �►�cM�NO M�x�h 9, 1973
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Re: SAC Lawsuit
�NOK� O►v�C[
7tI�lS TNIRp AV[NUC N.
ANOKA,MINNESOTA 55�0!
TE4EPMONR 61�/«I-17�7
Gentlemen: �
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We have enaloaed the final phase of th� Answera to Interragator�es which
were required by the 1Vletro�ol�tan Council and the Sswer Board. Alsa
�n�losed is a Merrio on the pragres� oP the lawauit. �
We wi11 keep yau infarmed of Purther developments.
Sincerely, �
.�
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S FFE , A LEY BAKKE & JENSEI�T
R�.�haxd J. Schie r
RJ9:rmg
Encls.
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y� TO THE GOVERNING BODY OF: The City of Brooklyn Center, The City •
' of Columbia Heights, The Village of Edina, The Village of. Golden
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" Valley, The Village of Plymouth, The City of Robbinsdale, The
�' Village of Roseville, and the City of V�jhite B�ar Lake, The Village
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of Burnsville, The V.illage of Forest Lake, The City of �Iopkins, '
1� The Village of I��laplelvood, The City of Fridley, The Villaae of
;� North Saint Paul, The Village of. Saint Anthony and the City of
li South St . Paul .
FR��: �ICHARD �. SCHIEFFER, Attorney for Plaintiffs and Intervenor �
Faai�tiPfs in City of Brooklyn Center, et al vs. The Metro�olitan
�.rf)12II�11
REo '��e �a�-ess af the Lawsuit Challenging the Validity of the
�El� ���r�e. ,
.�i� �r€�� are aware, in November of 1972 eight municipalities
}arc�a��;�� �xa �cia��a ag��nst the Metropolitan Council and the Metropolitan
S�r�e� B��r�c� ��al�en�ir�g the authority exercised by the Council and the
Sewer Bo.��°� tn: aa�s��tuiirag the SAC charge, which basically is a permit.
�ee �prese���.�y �2?�.. } chargec� for each family dwelling unit (or equivalent
unit i� tl�e� c4s� of irtdustri�l or comrnercial) which is hooked up to the '
sanitary �ewer. 'I'he municipalities involveci in this lawsuit contend that
�` the Legislature intended that the sewer charges be based upon the amount '
I,
;� of sewer capa� '� -----�a �^ °��h �f them rather than upon the number
of hookup�
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� the municipality. A second issue is, of course, whether or not the SAC
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� charge, if authorized by the statute, is equitable as it is presently set
up.
' �. That both sides would allow, by stipulation and agreement,
the in�erventian of any xnunicipality which wished to intervene on the side
of t�xe P�ainti�'f� c�r o� tt�ee side of the Defendants.
�. `�ha� the �t�nicipalities would not alter the language of their
Ca�a�fl�t� r�ri��e�a, �y its 2a�guage, inight place a cloud on the power of
��i� ?�/Ie:�.�°m ��unc�� to barro� �noney in the case of a shortage of current
�l���g�,� ��r�c��. That the �Ior�h Stxburban Sanztary Sewer Board, a group
°'� r�tr���=���i�..��� ���er�ly createc� unde .r a Joint Powers Agreement, was
not a�rrap�r p�a-t;�, �� pa�esently canstituted, to intervene on behalf oP
t�� �our�ci� ��xc� t�e SP�e� �oard.
4• '�`��.t the Plaintiff municipalities would not join with the
Counci� in asking the Court to send oui a letter requiring that alI
municipalities in the seven-county area be made a party to the lawsuit.
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and we are sincerely gratel'ul for their help in providing ti�ese answers.
We are also grateful for the many comrnents and suggestions which we
received from your staff people with respect to the answers. Answers
to Interrogatories lay the groundwork for the final determination of the
lawsuit and you may be as�ured that each answer was given a studied
consic�eration before adopted in its final form. Copies of these Inter-
ragat�ries and the ansvvers ihereto have been provided to your munici-
�alit� pf you wish to exami�ie the document.
A further agreemetrt v�rhich was reached in the conferences among
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� t�e �.�.�orneys was that both sides wished to have the matter litigated as
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:i �o� �s possible. However, under the Rules, a controversy cannot go '
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� to tr:a�]. until both sides have h�.d a reas�nable period of time in wiz.ich to
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�` cc��e��a�t discovery. V6�� r�o nat know whether further Interrogatories will
;� b� sc���ed by the Defendants, nor has a final decision been made as to
�r
�• whether we will be taking c�ep�ositions, serving Interrogatories or requests
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As we have stated earlier, one of the agreements reached u��.s I
! that any m�
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�� Sewer Board. To that end, on March 2, 1973, Attorneys Por the Sewer
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�! Board brought a motion before the District Court of T,-Iennepin Caunty in
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�; which they asked the Court to order that a letter be sent out to every
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' municipality within the Metropoiitan Area requiring that each municipality
:' offer to jain in the �awsuit either as a Plaintiff or as a Defendant or, in
iE tt�� as�tera�a�iwe� t� agree �o be bound by the result reached in the litigatio
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`' (t��t is.; t:� �Z� r��rned as an involuntary Defendant). Those who do not
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;� ��� �m jEpr.ri .�.n �l�e lawsuit (the involuntary Defendants) would not participa
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;� gr� a:m� �r�y Ta�� would merely agree that they would not try to re-litigate
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;j tl�� i�su�� if ��hould occur that the Council and the Sewer Board prevail
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`' ��� I�w�u:s� We fel�,. of course, that such action was completely un-
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nece:���.r� �xn� �xtreme�� unwise and therefore chose to vigorously oppose I
su�h. a��a�ic��. �o�e���,. Judge Parker felt that the Motion was entirely I
pxs��e� �r°��aar.�t �c� 1'��tie �.� o� the I-�ules of Civil Procedure and felt furttie �
that !�e �acT r�a cl�oic� btzt ta grant the request of attorneys for the Sewer
Boa�d and �auncil, and he therefore has ordered that a letter go out to
�� every municipality in the seven-countv area. rPrn�ir;n� th�t thpV �f�r
;i join as a "
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Roth co-counsel Joseph Summ.ers and myself believe, as we did
at the outset, that the issue is really one of the proper use of authority
under the governing statute. We do not believe that the intervention of
large numbers of municipalities is either required �r helpful in resolving
this issue. We are genuineZy disappointed that the Council's Motion to
attempt tc� join otEier mt�nicipalities was granted but will do everything
possib�� fo see t}��� t�e Qrder is carried out quickly and expeditiously
and tf�at �f�:� ���s�i� c���s not degenerate into a procedural tangle. We
hope �� ���r� i�e c�aperation of all local government officials, whether
oppo�ec� �� i� �'�vor af the SAC charge, and hope to resolve the inter-
ventiax� is�:uc�� a� c��atickly as possible and get down to the business of
finall� ��e�e�.�ug �t�e z��ez�. We will, Ai caurse, keep you informed of
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further d��-���pm�r���_
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]RUSEN & SUMMERS'
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By. .✓,_„ � � ,� l �:'� cz� ?
Jq`seph P. Summers
Osborn Building
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OFFIC� OF THE CI'TX MANAGER
FRIALEX, MINNESOTA
March 14, 1973
1`�MQ TQ: THE MAXOR ,AND CITY COUNCIL
SUBJECT: WE�A PROGRAM FOR 1973
The success of our 1972 weed program can bs noted by the absence of
com�laints concerning the service throughtout the summer of 1972. The
major reasons for this rather uneventful summer were primarily due ta the
canpet�nce of our weed contractor and the fact that coat estimates were
givea to people rior to the contractor doing the.wo�k. This year we
have h�en able to retain the contraetor throughout the 1973 season with
all conditions npt8d on the� attached agreement. The rates for 1973 do
aot refleet any increase and-are as follows:
TraGtar and Operator $10.5Q per hour
Mower and qperator 8.00 per hour
Truck and Driver 10.50 per hour
Cleanup Man k.50 per hour
Hand Mowing and Cutting (per man) 4.5Q per hour
�he only change in policy the City wi11 b� making this year is that
we will be basically charging $10 per lot, $8 to contractor and 25% admini.-
atrati.ve charge, for the contracCor to keep his rates at the same level and
set a reasanahle minimum charge. Th2 weed program is primarily run on a
cost basis t4 the users and no tax money ia utilized to conduct the program.
Mr. Barnette, our Weed �aspectox; has been working for $4.50 per hour
for the last faur yeara and ie recoanmended £ca� an increase to $4.75 per hour.
, RECOIrIlKENAATIONS :
i. The agreemen� aCtack��d be �igned and Mr, Gexmundsen be r�tained
far 1973 as Weed Contract�r for th� City of Fridley,
2, Mr. Barnette's salary b� raised fxam $4,50 per hour to $4.75
p�r hour.
G�/P�/ms
A�tachm�n�
Very respectfully,
�C.��� A.+���
Gerald R. Aavis
��ty Manager .
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MtJTUAL AGREEMENT
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, TAIS AGREEMENT, made and entered into thie day of ,
�.973, by and between Briaa Germundsen, Germundaen Con�racting, Rogers, Minnesota,
aad hereiaafter referred to as the Cantractor, and the City of Fridley, a Municipal
, Corporatioa, with officea at 6431 University Avenue N. E., Fridley, Minnesota 55432,
hereinaft�r referred to as the City.
�REAS, the Ca�tractor has verbally stated his intentioa of continuing to
provid� service to the City thraugh this year uader Che existing contract; and
W1�REA8, the City has been satiafied with the service provided by the contractox;
aad
y�REAS, the Coatractor agrees to continue providing service through 1973
uader the following conditions:
1. The Contractor agrees to conduct the 1973 weed progra�n at the ratea agreed
to in the 1972 contract.
2. The City has agreed to �et a$8 miaimuca per lot charge to cov�r the Con-
Cx'aC�OT � S COS�B . • �
3. The City wi11 provide room on the City garage grounds for storage of
vehicles and fuels for the Contractor,
NOW THEREFORE, it is mutually agreed between both parties to continue thia
co�ntract agreement through 1973 season, or appxaxiaaately Qctober 1S, 1973.
AGRRED TO .TiiI3 DAY AF __ ___ __ `'_� _ �973.
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CC1N CTO : �
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�'rank G. Liebl, �layoz
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G�;aj.d lt. Aavi�, CiCy Mana�cr
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- - —� �1NOKA COUNTY
6431 UNIYRRSITX AYENUR NE
FRIGLEY, MINN�SOTA ���
Irtarch 12� 1973 55432
Mr. Jake Lundheim, County Eagineer
Ar�alca Caun�y CourC Hause .
'.11,�uoica� � Minnesota 55303 �
� Ret �aet Rtver Road Safety Improvement Plans and Needs Reports
Dear JakeR
Encloaed herewith yau will find two xeporta regarding Eas� River
�Gaad which were received by the City Council, of the City of Fridley at their
regular Me�ting of Maxch 5, 1973. The first report is from James P. Hill,
--�lasistant Cixy Manager/Public Safety Director entitled; "East River Road
Eaforcement Program", and the second is fram me to the City Manager and
�I�ty Council entitled: "East River Road Safety Impravementa, Accomplishments
d Futuze Plar►s and Needa".
I t�taat to especial.ly point out to you Page� /i3 of Mr, Hill's memo, whieh
ou�linea hi� recammendations in regard to eniaraement and education. On
�'age �f16 of ury r�port, T havs outlined th� needed impxovements and/or actions
far traf£ic saf�aty on �ast ltivex Road.
We have discussed �h,e need fo� instal].ation cf delineators, guard rails,
xef•lecto;s, raad mazkings which are more clear ta �he drlving public, etc,
W�tb�yaur Staff arad you have i�dicated a williagness to $et the work done as
eoon aa the wea�her p�rmit�,
I had � diacusaian witk� Bud Redepenning, of your Staff, concernin� the
t�i��d for more fr�c�u�n� center line st�iping, and he assured me that you
are doing this striping �n the apring and fall and that yau would look into
th� poaeibility a� providing striping more fxequently than this if it appears
to be needed.
T am suxe pou are fully aware of the serious traffic problems on East
Riv�r Aoad and this material is.being provided to you merely in the spirit
oP coopexatian, and in the hope that with the concerted effoxt of the County,
the City of Fridl�y and othe� $overnmental units, that we can made East River
Road a aa�er a�nd mare pleasant road to travel.
' CC:
Thank you.
Couaci].man W�lliam Nee
City Manage�r, Gerald R. Aavis
Aeat. City Managez/Pub11c Safety
��}���y Ca�m�ar�.��e�'� �!� �9����k
Ycu�s v�rv trua}•,
�'� �-�c. /�-� • �c �c.+.�L.'vf-� -
Nasim �I, Qureshi, P.E.
City Engineer - Director of Planning
Airectoar� J�mes H���
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R'taGUT,AR CQIJNCZT. MEETZNG OF NOVl�18ER 1, 1971 814GE 17
'�+� Ci.�y Attorney aaid ha wanted ��o poin� Aut t,ha�� it thi�s xec�uest is turned
doavr�, anather cannot be n�ade Por aix �tont�ha. Mra, Baker said the Prontaqe af
Lo� � is 66 �e�t and the lat is approximat�ly l� acres, The majority aE the
praperty is no� on Central, but is back and is quiet, and sealuded. She did not
fea]. a doub�.e bunc�alow on T.at 16 would a�f�ct Lot E beCauss qf ths way the lot
�.s laid out, any stzuc�ure would have to be set qui�k� far back and this would
�u�tiier remove it from Lot 16. She added that the double bungalow could nat be
sean t�hrougb the tree� anyhow. Councilman Harrl.s said tha question here 3a
� Whara to draw the line. By settiaq a pxecident, the City aould not then deny
a resoning on Lat 17 atc. '
� Gouncilnnan Kelshaw sa�id the majority of the ,�Sa�1e h�ve not been in opposition
t+a the rezaning. If there was a sinqle �amily dwellinq on Lat E, thexe still
Would aot be any need for a ne�r raad. The d4ubis bungalow would have ta face
Ceatral Av�nue. Mr. Reese said yes, they would plan to �'ace the building toward
Cesntrai Avenus.
T� VOTE upan the mation, beinq a voice vote, Hazria, Breider ar�d Kirkham votinq
a�y�a, K�elshaw au�d �.iebi vcatiag nay, M�yor Kirkham doalared the motion carzied.
Couacilma� Li�bl commented that he could nat se� Nh�r anyone would build a
x�sidential. home on thie lot, and in hia opinion, this roquest was a leqitimate
one. Mrs, Baker added �heze �i.11 probabl� be future zec�uest�t fox rezoning on
thia lot, there k�av� been sc�aie inquiries into this 1ot for commercial use, and
�he khouqh� that a double bungalaw would ba prefexable to aoQanercia� as fax
�R the residsnta were conaerned. Maycr iCi.rkhaua said he aqreed with Counciiman
ilarris, h� wauld have voted in ravor of rezor�ing th� x�orth half oE the la�,
k�t 1�� cauld no� go along with rezaninq the whole iot.
' ` � J1F8RQYAL OF AGFt�EMENT k'OR PERFQRMAATCE OF A TRANSPOAZ'.ATTAN STLTDY FOR IJORTHT04IN
x �o�mR:
MOTTON by Counai Lnan Harria to appxova the agx�emsant for the performmnae of a
� tra�ns�cartatian studx �or the� Narthtc�wn Caxzidor, Seconded bX Councilman
8reider. Upan a voice v�te,a.].1 aye�, Mayax Kirkham d�clared the moti.on carried
uraanimously ;
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AND QRD�RING ADVERTISEMENT FOR BIAS:
�ION b� Counc�,ltna.r� Liek�l to adopt Re�s�olut�ipn A139-�.'�7�., 5econded by Council-
man 8reider, Upon a vaice vc�e, a17.�sys�, Mayo� icirkham deolared the motion
cars'isd tu�aanimously.
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Mayor Kirlcham said the propa�srs]. i�s to s�� ��' Cclamb�a Heights and Fridley ca�id
ac�ree �o enter into a s�.ud}� to aee if thexQ ax'e any ar�as wheze t!�e two cities
could w�Dzk ;�ointly �o savs either time, mpn�y ox� eneryy, or to bq more erfecient.
�i� �a� dor�e �ive xei+za aqca Kith S�sing �.�1ce Park, Hil�ltop, Fxidl��, and
�olumbi.a Heiqht�, Sinc� �hat ti�,mp F�id�,s�+ has developed conaiderably. H� said
his ,primaxy canaerr� was to be in a pc�sitio�a �.o �►�ove to the M�tropolitan Cauncil,
i# and when there was t� tima Lo become ane ci.t�+, tl�a� the ci�ies can function
.]�et#�e�c individuall�+ to �solva their owr� grobiema. �f "�� atudy were to show
�,74��,'� W���!� :•c.me ��.x��►� �'��.c��p�y ayand Co���aia ii�i�h�a ccau�:l wp�k j�int��.�!r �'��e.
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RESOLUTIAN NQ. 22-1971
A.RESOLUTION REQUESTING THE ANQKA C�UNTX CQI�L*�RSSIONERS
TA REI?UCE THE IMPAGT OF THROUGH TRAF�IC ON EAST RIVER
RiOAD IN FR� DL�Y
�r
WEtER�AS, the Gity of Fridley has been concerned about the
uasaie dxiving conditions and high accidenC record on East River
Road t'hrou$h Che City of Fridley; .
, WHEREA�, a considerable portion of East River Road in
Pri.dley has residential developm�nt along it;
WHEREAS, the cantinu�d develapment of residential, coen-
mercial and industrial areas in the communities North of Fridley
ia putting an added traffic burden on East River Road;
WHEREAS, �hexe are two North/South State Highways,fully
impxoved,through the City of Fridley;
WHEREAS, it i� the goal of the City Council of the City
of Fridley to keep as much through traffic as possible off East
Rtver Road;
�1QW, THER�FQRE, BT TT RESOI.VEA by �he City Council, of the
City of Fridley that Anoka Caunty i� hereby requested to:
1. Make a complets study o£ �ast River Road North of �
Rice Creek to provide a saf� roadway for the use of
the cit3zens of Fridle�. �
2. Uadertake a study to se� how some of the through
, traffic can lae diverted ta the S[ate Highways.
ADQPTEA 8Y TA� CITY CQLiNCIL OF TH� GITY OF FRIDLEY THIS
1ST DAY OF' �� , 1971.
ATT�ST; �
I�AYOR - Jack Q. Kirkham
G"�TX CI,�RK � Marvit� C. Bxunsell
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RESOI.U'TIOI3 N0, 55�-�.971
A RESQT,UTION �tEQtT�S'�TNG A�+TOKA. CAUN7.'Y �OMMISSIO1�jERS
TQ A�'PROV� T. Q. �', I, C, S. P�,A�V FOR �ME�RQVING TRAFFIC
3AF�T'Y QN RQAAWqXB IN THE CITX AF FR�DLEY
.,.�-�--�-,_ � , _
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4� �i!, �"C !fE 1'-
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� WHER�AS, there are certain tra£fic hazards that exist on City, CounEy and
S.tate raadwapa i.n the City of Fridley,
WHEREAS, the City has been concerned about theae traffic hazards and
is interested in sliminating thesa problems as saon as passible,
WH�REAS, there is a Fedsxal program, namely T,O.F.I,C.S., under which
some Fund�ng ia available, ep�ciflcally to remove �uch traffic hazards,
WH�REAS, on� af ths requirements of this pro$xam is that th� program
has ta be administered by ths County and all o� the funds are appropriated
thrau$h County afficea,
W�i�REAS, the Ci�y would like to a�e that we avail t�ese Federal Funds
to help eolye these problems on City and State Highways along with Caunty
Roads as eaan as poas:[b1e. .
Wk1�REA8, basically the firs� s�age for safety improveme�tt n�eded to be
�ati�fied ia mainly improv�ment of Eaat R�.v�r Raad, Mississippi Stre�t,
espea�allp the underpasa, i.mtersectio� oP Central Avenue and Highway Nc. 65
and Pedestrian SS��.t}� Pi0$X81[!a
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WH�R.EA9, the �'�dezal Fundin� undex �,O,P.�.C.S. i� availahle now cn
��.rat cam� #irat aervs baaie,
NQWt THEREFOR�� A� IT �SOLVED by th� C�.ty Counci.l of the Gity o�'
Fridl�y, �hat the Anoka �aunty Commi.a�ionera are hereby requested to approves
the T,Q�P,I.C.S. p�.�n aa scion as pos�ible for th� C�.ty of Fxidley, namely
in�ludin� the �.mpxavemenC� q�' Eaat Rive� Road, Misaissippi Street, eapeeial�y
ths under paas, In�eraeati.on of C�ntral �v�nu� and 'Highway No. 65 and Fedestrian
$af��y Frogram withia th�: City so that tl�� City, in conjunction with the County
and thx'ough Ghe Caunty can make appl.icatlon for Federal. Funding under
T.O,F,I.C.S, and ge� he�.p in sa�.ving aome Qf these traffic safety pxoblems.
,p�AOFT�A BX TH� CQUNCIL QF '�'H� CITX QF FRIDLEli TFI,IS 3RA AAY OF MAX ,1971. ,
ATTEST;
MAYQR - Jack A. Kixkham
' CTT�..: CL,�RK �- Marvi.n C. Brunaell �
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RE�OI�UTIO:�` F�QU1:S'T'Ii�'G ANUf:A COUiV'T'X TO PIZOC��:ll j1'I1'ft
T�lE Ib�t�'ROti'k:Atl:l�T OF �:AST RIV}:Et ftOr11) �I;'I'l�'�:l:N I�Tk:h51'A`fk:
� �694 ANl? RICk� CR�:I.;�e IN Tft� �I1'Y OF F1ZIpI,i:Y
' � Wt[E�t�AS, the Ci ty of Fridley lias bec�n concerncd about the
� unsafQ driving coridi�ioii and the high acci.dent re��rd on E�st
Rivor Koac�; , •
. WfIER�AS, the Ci.ty ha's bcen tirarkin� with Anoka County to
comt� up tvitt� p�.ans to imprave the traffic sa£ety ar� Fast River Road;
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�.WN�RI:f1S' th� CQIlSIl�.�1fl,P�, en�in�er £or °�he Coui�ty, E.G. Bathex
and Assaciate�, has submitted � plan £or t}ae smfety improvement of
' Ea�t River Road from Interstate �694 to Ric� Creek;
WEIER�AS, this plan was'presented to the pu6lic at three
Public Fiearings by �he City Couiicil to get the point of view of the
citizens livin� along East River Road and come up ��ith approgriate
recommendmtions far the improvem�nt on ��st River Road;
�' WH£REAS, the�general feel.ing o� the publi� was not to
acc�p t the impravement plan as presented, but s�e some modifications
ta the plan;
� �WH�R�AS, the Couz��y is working to get th� approval of the
. impxav�men� glan under T.O.P,I.C.S, pro�ram and get some funds from
the Bureau af P�blic Roads and the State fiighway Aepartment £or the
project; �
� NO�Y THERE�OR�, be it xesolved, by the �ity Council of the
City of Fridl�y that tha Anok� Caunty CQ�nmi�s�toners are her�by
. t'�qu�sted to mvdify the Cc�unty plan for EasC River Road improvements
. to only includ� tlze followir�g it�ms and c�ndit�ons;
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� 1. Provide th'x�e £u11y actuated si�,nals at the Geargetown
. Apartm�nt�s, blst Av�nue �Schcol Nax°th �ntrancej and
Mi.ssi�sigpi Stxe�� alon� with th� �ull development o£
these �.ntexsections. '
�2. �Provide the comp'lete ��arm SE'iJ@T s}°s��m to tat;e care of �
. draina�ge and i�y roa�3 condition� on the road��ay.
' 3. The divider betti�e�n b�.s� and Diississippi Stree� be el�.min-
ated except for the propex ctianalization of the tra�fic
at �ntersections.
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4. The hvuse at 100 Rivors �d�e 1�'a�r not be taken to pravidc
th� cannectia�� bet���een �ig,nal and Rivers Edge �t'aY,
, 5, Frcavicle xoad�,�ay connect3.on and ti�alk ways on thc ��'�st sicle of
, East Ri��er Ro�d to pxo���de sa£e pcdes�:ri�n access tQ
• sc�loo7� �a�•opert}',
�. �1�qu�.xe t}ie whola property of the &as station on the titiest
s�de of �ast �iver Ro�d £or tlte proper im��rovcr;crlt of
Mi�sissip��i S;rcc� intcrscctior�, •
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' Rcsot,u�rz.ort rto. 23-i97� ' 23 E
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' �.'Provide thc roRd«ay impravements as proposed in thc plAn
�' , between Intersta�e �694 and 61st Avenue. ,
�8. Da not provide A�hton Avenue Fxtension connection to the
� rroposed 6l.st Avent�Q signal,
AND, BE iT FURTEIER REaOI.V��, tliat Anaka County is hexeUy ,
requestcd to vigaxous�.Y pursue the funding o£ the abovE improvements
, frora the Federal gavernment under T.O.P.I.C.S. program.
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' •. , ADOPTiiU UNANIb(OUS1.Y HY TH� CITY _COUNCI� OF THF. CITY OF FRIDL�Y
'` 1'tilS � lst DAY��OF • Diarch , 1971, .
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, ATTEST: � �
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� - bIARYIN C, BRUNSELL
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' RESOLUTION � � 1973
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' A RESQLUTIQN �0 ADVERTISE FOR BIDS
' BB TT RESOLVEA by Che Couacil of the City of Fridley, as follove:
' 1.� That it ia in the interest of the City of Fridley to
award coatracts far the foilowing work:
' 1, .Construction aad Remadeling o£ an Emergeacy Operations
Center
' 2. Remodeling of the Police Department
' NOW THEREFORE� B� IT RES4LVED that the City Manag�er advartism for
asaled bids to be received on Aaril 12, 197�, for the above
described�work. �
' • FASSED AND AAOPTED BY THE CITY COUNCIL OF THE CITY OF
FRIDLE7C THIS � ✓ DAY QF � 1973.
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' . MAYOR - FRANK G. LIEBL
' ATTESTt '
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CITY CLERK - MARVIN C. BRUNSELL
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Publ�ah: Marck� 2a 1973
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' April 4, 1�73
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RES�LUTION N0,
3g''
A 12ESOLUTION ORDERING PRELIMINARY PLANS, SPECIFICATIONS, AND
£STIMAT�S OF THE COSTS•THEREOF: SANTTARY SEWER AND STORM SEWER
PROJECT #113
BE IT RESOLVED, by the Council of the City o£ Fridley as follows:
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' 1. That it appears in the interest of the City and of the property ownexs
affected that there be constructed certain impxovements, to-wit:
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Sanitary Sewer Mains Outlet, Storm Sewer Outfall
To serve the axea bounded by Matterhorn Dri�re on the West;
, Interstate 694 on the South; Gardena Avenue on the North,
and the City of Fridley Municipal boundaries on the East.
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2. That the City Engineer, Nasim M. Qureshi, and the City's Consulting
8ngineers are•hereby authorized and directed to draw the preliminary
plans and specifications and to tabulate the results of his estim.ates
o£ the costs of said improvements, including every item of cost from
inception to completion and a11 fees and expenses incurred (or to be
incurred) in connectian therewith, or the £inancing thereof, and
to make a pxeliminary report of his firidings, staxing therein
whether said improvements axe feasible and whether they can best be
made as pxoposed, or in connection wYth some other impro�ements
(and the estimated cost� as recommended), including also a descr�p-
tion of the lands or area as may receive b�nefits therefrom and as
may be praposed to be assessed.
3.
That said preliminary repoxt of the Engineers shall be furnished to
�he Cauncil.
ADOPTED BY THE CITX COUNCIL OF THE CITY OP FRIDLEY THIS �� �
D�AY 0� , 1973, �
ATTEST:
- arv n . runsell
QR - Fxan G. Liebl
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I T E M# 26
RECEIVING A REPORT ON A PROPOSAL FOR
THE METRO RATE AUTHORITY (TiiE REPORT
IS IN YOUR AGEIJDA ENVELOPE)
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SUGGESTIQN9 FROM CITX GQUNCILMEN - ENV�RONMENTAL QUALI7.`X CO1rIl�1TSSI0N
suca�ss�n �x
Evere�tt Utter
Wa�t Starwalt
Walt Starwalt
Walt Starwalt
William Nee
SUGG88TED APPQINTEE
Ranald F. Burton
741 Pandara Drive N, E,
(Sb0,1626 - Home)
Thomas J, Sullivan
1350 Gardena Avenue N.E.
(788-3557 - Home)
Glea a. Lillmars
1561 Gardena Av�. N.E.
(788-3869 - Home)
Gerald W. Tjader
6563 Fxidley Street N. E.
(784-0102 - Home)
Mrs. Charles Martin
133 Ston�ybrook Way
(784-s770 - xomej
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1 Year Term
1 Xear Term
� Year Term
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' except for the first Coanmission appointed and except for hi
atudeats who ahall be appointed for Cerms o� Qne year each)
rie.vers - � isar
school or college
I� AequiremeaCa; ,(1) Appoi.nted by Mayor upon the approval of majority o£ Council.
(2) Residenta of [he City and sha11 have an interest in the
envirocuaeat of the City, and shall be appoi.nted with due
regard to their fitneas for the efficient diapatch af the
' functions, duties and reeponsibilities vested in and icaposed
u�on the Commissian.
(3) Chairman shall be appointed at Laxge, Reaiaining six members
' shall, coasist of 2 members from cach Ward.
(4) First Commission appoin[ed shall be for terms as outlined in
Ordinaace)
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, ointee
_�� I E '
�' � i '� � < < ',�, ; ^ t �
CHAIRMAN , ," : .- r��� ,_ . (3 Xear Term)
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'`�t ' �f� ��
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ARD ONE _ _
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"U�:i�- � � � ,,,,� � � ., '
W�
WM� .4nAEri'
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(2 Xeax Term)
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7 � `? �(-,� �. .lt'. L./��Cr �(,�'��l.��i.fK`�..�,�
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E.�.-ik-'�.?IN .h-=..i.
(Any high echool, or college studec�ts ahall be
appointed for terms of one y�ar each)
Ter� Will Expire
12/31/75
12/31/73
12/31/74
12/31/73
12/31/75
12/31/74
12/31/75
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APPOI�TTMENT FOR CITY COUNCIL C0�{SENT AND APPROVAL - MARCH l9, 1973
NAME
POSITION SALARY EFFECTIVE DATE REPLACES
Frederiak Prom Junior $764
758 Hillcrest Manor Accountant per
Bemidji, Minnesota month
56601
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March 21, 1973
New
:
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T TEM#29
C L A I M S
GENERAL 31294 - 31441
LIQUOR 7588 - 7637
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CONTRACTOR'S LICENSES TO B$ APPROVED BY COUNCIL AT THEIR REGUI.AR MEETING
0� MARCH 19. 1973
GENERAL CONTRACTOR APPRUVED BY
Desigaers & Remodelers i'nc.
1501 Weet 80th Street
8loomington, Minnesota By: Bobby Wyatt C. Belisle
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ESTIMATES FOR CITY COUNCIL APPROVAL � MA,RCH 18, 1973
Comatock & pavfs, Tnc
Consulring Eagineezs
1446 County Road ��,]'�
Minneapolis, Mianesota 55432
For �urniahing of resident inapectioa and resident
. auperviaioa for the ataking out of the construction
wark for: �
Water Improvement Projece �i�lll, Modification of
Wells 3, 9& 11 from February 23, 1973
ESTIMATE �i�l - PARTIAL
Sanitary Sewer, 3torm Sewer & Water Improvement ,
Project No. 102 from January 29 trhough February 23, 1973
ESTIMATE ��14 - PARTIAL
31
$ 248.56
$ 623.37
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� Weaver, Ta11e & Herrick
' 316 East Mai,n Street
Anoka, Minneaota 55303
� For servicea readered - dated March 15, 1973 $ 1,749.00
!'ebruary Retainer ' 51,450.00
1 (City Attorney $750.00r Prosecutor $700.00)
, Fridley Charter Cor�ttission 4 hours
� SS & W Imp. Proj. I1112 1 hour
' Expensea Advanaed:
Temporary Secretarial Services
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S hours
165.00
Z34.00
�'�'� • , , . . . . . . . S1, 749 . 00
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c��sTOr�c � D�vis, zvc.
Coasulting E�gineers
1446 Couatq I�oad "J"
Hinueapo].i�, I3in�esot8 SSy32
Piarch �, 1973
City I�isnager — Citq CotanciY
cio Mr. Pi�six� Qu�c�s�i., City Ea�Z�er
City of i�ridley
643I IInivessi�y Avenu�, td.E.
I�inneagolis, P�iaa���ta j��i32
Gantl�m�n:
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��R�'ZFI�.AiE Oi�' ��iE Ei�i�I2��A
ide t�ereby submit ��i�m�e ido. 1�a �o� C�s���F� � B?�, I�c. f�� �he fu�ish:.ng
of sesid-�nt insp���i�� ��d r�si��as� �u�e�.��s�*a �o� �:€xc �tr?c�n� ouC of �he
constrcact�oa ���k go� 5��,��� S���r, 5��� 5��� & G��.ger I..�r�°3enr�ut P�r�ject
No. 1f32 ���a J��xyy 29 ���s�� i�ebrc�s�y 23, 19�3.
5 hours bq I3. A�gx�n @$4.68 $ 23.40
9 ttours bq D. Pa�ea��� C� $3.$5 3�5.65
5 h�urE bq D. Bisn�a C���24 22.20
4 ho�ars bq C. Karls @$3 e�.� � 15.40
1-1/2 hours by S. �r�ga� ��3.�5 5.78
3� hc�a�gs bp E. 6D�ste��e� ��§.�$ 182.92
�3ir��� I���r C��t $2233.35
Pfa�Zt�plie: 2.2
�4PiUL1NT N(�%I DU� . . . . . . . . . . . . . . . . . . . . . . . . . . . . �623.37
• R�spe�tfully s�.���t�d,
CC�ST�C & I���:iS, ir;�.
��i��
���j�p�''�- �'��....
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EVC%��
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COMSTO.�. C br AA�IS , INC .
Consulting E�girt�ars
1y46 County R4aa� ��J"
Minne�polis, I�i�.nt�esote 55432
a
Citg Hsa�.ag�s — City Cr3uatc��
c/o 1�. Na�i� Qu��shi, City En�n�er
City of Fxic�leq
6�b3�. iTnive�ei�y A.��n��, N.E.
�eapoiis, Mia��sc�ta 55�i3�
C�nt���n:
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CER3`I�ZC�i�'E (P� '�'d� E�I����R
.. .:
We hereop si�b�.i.g �sfc1T.�°IIiE'. P�o. 1�r�� ���wock & D��r�.�, %s:. �o� �he £�ux�aisiaing
of res#.ci�n� �nsg����.�� �ud ��s�r�ea� s���e�i��.� �s��. �I�� g��ka�g oa� r�� tlie
constre��tien c�c��k fo� id��e� ir�oda�e�e�z� ��coj�ct 1�0. ? 11, t�lcrli�3��io3 of
Weil� 3, 9& 13 ��c.� ��ar�a-ry 23, 1973.
21 houx� by �. *�7e�t����er @ $5.?� $112.9�
Dig��� I���r Cc�s� $112.98
F�u�.t�i�li�r 2 .2
!lS1L�1 iSV� i7ii3:• e • • s • • �• • e • a �• e • • • r • • s • s • s • �G�i�siV
R��pecCf�lly �ss��.��¢ed,
C�,'✓tSSTa,s�,I't & c�A��IS, �P�C.
$y ���r 9 f/, %',., .. ;,�, -
%'�-.%°^/ 6.✓Q.� �
�.� s i
� � � - Ci • Y• C�i:.� LQ�.iv y C• L: •
$�C�L"lg
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THE CITY OF C001V RAPIDB
1313 COON RAPIDS B4U�EVARD
COON RAPIOS, MINNE80TA 65433
Q12 756-2880
March 18, 1973
TQs • Sam Geska, Malcolm Watson and Jerry Oavis
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' FROM: J . K . Cattingham
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SUB.IECT: l.egislative Liatson
I am t�^ansmitting, herewith the previously executed c�pies oP the
.�oi�t au�d Coopera�tive Agr�+ement for a L.egislattve repres�nta�tive
to Sam O�ako br �xeaution by Anoka arf"iciala.
You witl nok� tha►t th� A�r�em�r�t haa not b��n ex�cut�d by
Coon Rapids and we ar� e�ctremety sorry for that deciaion .
Aa I bsti�ve I may have indicated to some of you previova�y
th� Council vots to partictpate in thia Agreement paased by a
three to two vate, but our Charter requires e tour/1'iftha vote
to appropriate a�ny montes aRer the initial adoption of the budyet.
Therefor•o, Por atl inter� and purpose9 fihe three member majority
te powerless to comply with the Pinancial requirements of the
Agreement .
In spite oP this I feel some kind oP a moral tf not tegat corr�mitment
to participate with the other municipalities in our share of the
e�ensea incurred by Davtd Kennedy during the month oP February .
whtch according to his btlting oP March 6th (copy ettachec� was
$790.00.
I believe that it woutd be approp�tate for you to make s�+e cF�ange
in Arttcte II� regarding Cooh Rapids servir�g as the administrator .
When you h�fve agi^eed upon' that char�ge please tet me know to whom
we should �erxi our share oP the February bitling.
, jmm
Atte�chment
cc: D . Kennedy
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J. 1�. C in arn, City Mana�ger
TWIN CITIES FASTEBT ROWINO 8U 8
COUNCII.-MANA�3ER GOVERNMENT '
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CITY OF FRIDLEY
PETITIUN COVER SHEET
3/ � -
Petition No. 2-1973
Date Received March 19, 1973
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object Petition for the repaving and installation of curbs for
' Starlite Boulevard from 51st Avenue to Sylvan Lane Northeast
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Petition Checked By Date
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Percent Signing
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Referred to City Council
' Dis osition
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L''1'���`L'��,�5•(..�'`tiiL f��•�i' i�...'���_ ......... .. i�.l: �1i�..,.. ._i'rti.�- .
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�FtlUi,T��Y, �:li,i;��:>; T'r. �
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To the Ciiy Co�sncil of Fridley, i�1AI1°SOt,3:
We, the undersigneci, cor_s�a.tutin� more than fifty-one per cent (51�) of the property
o�msrs in numb�r ana in ir_�er�st, in the follo:�rin� streets:
.- -�- r� to � ; � .����,,_ � .� •.;�'1E-
' �ir,(�c� �?.� 1 Stre�t, fro:� �� �,, , �,�;=� �
' v--�
� Street, froM �,,.���� �" ^ to����`1,' ,i�� ' r�'
' ' � . / � Street, from ` J to `
'a�'•1 �r the proposed inprov��r,�nt hereb P�i+,ion that tha falloi•ring im-
who Nrill ben..� i 4 b � y��
provzments be maae.
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2. / ' �;-�, �- - ---
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We ur.derstar_3 �;��f. �he cost of said im� rove:� °nt �.ill �e assessed ?.oainst the proper1y
' in tne aboU� descz•i'oed arza in equa? ir_s �all�an�ts i or• a pe� ic;l r:o� tu eYC�ed �
$ per �+�r��z� on ti!e ur.paid balar.ce.
years �riih in�er�st pay�bZe 2� �'1?° 2'�'�C' Oi ,
' 1r7e unders#.anci ihaf�, un �il prelin.•�.n3.r�r sn�� neer� r_g can be co�ple �ed, i� is i:ngossib � e
�-
to give accurate es�imates of Trrhat tnes° ir:pro�e:�ei�ts T•r-? �1 cos�; but., t,h?� based on cos+.
t + t?�ese i���; reve:r.entJ T+�l F,
fig�res for sir»Iar vrork done in the Cit;�, i� is es�ima��ed t��a, _ .
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LcFEVERE, LEFLER� H/�MILTON /1ND PEARSON
1100 �IIIfT NATIONAL •ANK wV11.O1N0
MINN�Ar011s, MINN�:OTA 884bt
March 6, 1973 '
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Mr. John Cottingham '�C
City Manaqer
1313 Coon Rapids 81vd.
Coon Rapida, Minnasota 55433
- Re: Leqislative Liaison
32 A
T[L�rMON[
�s��1 sss-os+a
Dsar John:
Malcolm Watson mentioned that the enclosed might be
useful to the managers. Also enolosed is a statement for services
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for the month of February.
Yours,very truly,
. LeFEVERE, LEFLER, HAMILTON
DJK:dr
Enclosures
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L.EFEVER�� LBFLER. HAMILTON AND P6AR80N
1� /N�! NATMIIAL �ANK �Y140RN • MMNtAlO{.1�� MWNiiOTA NMi
�+�a -
�.� March 6, 1973
� Anoka County Cities Joint
� Leqislative Aqreeiaent -
c/o John Cottingham
Cf ty Manaqer �
C3ty of Coon Rapids, Minnesota
�: For leqal services in connection with leqislative
repreeent�tive, includinq the followinq:
2/OS/73 Conference at Leaque of Minnesota �
l�u�iaipalitiea about H.F.295, Callective
Barqdininq eil]�.
Z/Ob/73 Legisiative hearing re A.F.29S.
Z/07/73 Confeereaa• at League ot Minnssota
Municlpalitiea ra H.F.295.
' 2/08/73 Telephone vonferenoe with League Stai!
r• H.F.295.
2/09/73 Meatinq with manaqors re legislation.
2/10/73 Meeting with Anoka County legislative
delegation in Anoka.
2/1Z/73 Con�erence with authar of H.F.295.
2/13/73 Contsrencea with oti�er leqislators re
H.F.295.
2/15/73 Conference� with legislators re H.F.295.
2/22/73 Legisla�ive meetinq re police and fire
funda.
Z/24/73 Meetinq with deleqation, Anoka County
Courthouse.
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$790.00
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CITY OF COLUMBIA HEIGHTS
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ADMINISTRATIVE OFFICES
COLUMBIA HEIGHTS, MINNESOTA 55421
M�rch 16, 1973
N�. DavEd J. Ktnnedy
Howard� LeFevere, tefler, Hamitton
and Pea�son
2200 F1rst Nationa� Bank B�sl�dtng
Minneapotts, Minnesota Sy4ti2
Dear Dav�:
MY a�alo9ies for t�e lon� delay 1� g�tting this response
back ta you in regard Lo our a��ee:ne�►t to nave you act
as our le�islative raare�entative at this sessian of
tha tsgislaturz.
1 was surpriscd to learn that the Ctty of Cdon Ranids
doe5 noL Xiih to participat� i�� tl�is progta�n and wa
�ust therefare �e-wrtte aur agreement antfctnat�ng
o�ly Anflka, �fridlay andCaiu�sbia Heigiits as being
involved as Lr+ese are the three com�unities that have
ot`ftctaliy authortzed your s�rvices,
i entlose herewtth a copy of the revised agreemeat form.
As you wiil note, Hr. ueraic! Davis of �'rid�ey has agread
to sarve as Admi.nistrats�r for th� handling oF funds
thro�g� his Finance �irectar. Tha only chang� in our
a9ree�aenC is sirnpiy ssctln� forth the three �arti�s
to ti�e agreement, but allor�ing any addliional camTUnitles
to Join ti they may wish to.
� The next meating wiTl bs hela at 6:00 �.rn., Thursday
;`� event�g. Ma�ch 22nd, at the 6reenhaven Country Club in
Anoka. Invitati�ns wlll b� sent to all the Council
members tn our three commur�ities and we assurne that at
'' ieast one or two mambers of each Council wiil be present
tn a�idt tion to tt�e C i ty Manag�rs.
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Ctr. to Ht. Kenne�y ��ong'd.)
�I�rch l�b. t�73
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At Lhat mseting ore wrs�ld ti�e to have a ravi�w of what
has betn donc on our 6chalf and what present �ilis wttl
besf w$tc:�l�g �s ��r�it as s�rgg�sti�n� !`or locai act�or� in
support or op�osiiio�a ta propasais af�ecti�g our cammunittes.
Yould y4v alsc prepar�s a w►� Leen su�nmary af wh�t has been
done tb �!a t� su t+ia t these ca n b� � i s t r i but�� to the
Cactneti +a��►hers tn au�r three cor�munttIes prtor to Lh�t
s�etting.
Yc�uts truly,
�+ALCOL�i 0. �dATS�'i
C ! ty Nana;�er
MOW:�cw
��cl.
CC: ia�Q�t� CS�lY�3
$a'� �9S�C4
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JOINT AND COOPERATIVE AGREEMENT
ANOKA COUNTY MUNICIPALITIES
lEGISLATIVE REPRESENTATIYE
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Tha parties ta this agreement are governmental untts of tl�e
Staie o# Minnesota. This agreement is made pursuant to
Minnesota Statutes, Section 471.59.
!. PURPOSE
The purpose of this agreement ts to enable the parties to
more effectively rep�esent their joint interests before the
State Legisiature by the retentJon of the professional services
of a le�gislatTve representative.
il. MEMBERSHIP
The initial parties to this agreement are any of the
foilowing municipalities which have executed thts agreement on
or hefore february 15, i973:
City of Anoka
City of Columbia Heights
Ci.ty of Fridiey
Any other city or village in Anoka County may become a party to
this agreement upon the approval of the intttal members and the
execution of a copy af this agreement.
II1. FINANCIAL ANQ ADMINISTRATIVE
1. The City Manager of the City of FrTdiey ehatl serve as
the administrator of thls agreement. Ne is authorized to contrst
for the services of a legislative �eprese�tative on behalf of the
parties and ta receive and disburse funds ta carry out the purposes
of this agreement. The making of contracts ar�d disbursements of
funds shall be in accordance with the procedures and laws governtng
the City af Fridiey.
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2. Each party agrees to make an initial payment of $4,000
to be placed fn a special fund maintained by the adminlstrator. �'
The initiai payment shail be made on or before February 15, 1973.
When the balance of the special fund 9s less than $2,000, the
administrator shali natlfy each party who shail promptly submit
an addttional paymsnt of $1,400 to the administrator. No party
is obltgated for total payment to #he special fund tn etcess of
�8.000.
3. Upon termination of.this agreement, any balance of
the special fund shall be retuned to the parttes in proportTon
to the amounts cont�ibuted.
4. The administrator !s responsible for the accounting of
the spetial fund and shall perlodically report its status to
tho parties.
IY. LEGISLATIVE REPRESENTATIV�
The adminlstrator is authorized to retaln the services of
a pet'son, qualified by exQertence-and training, to perform the
,' followtng servic�s for the parties:
1. To tnform himself and keep abreast of all pending
I, tegislation and be knor,rledgeable of the effect it
w111 have on the �arLictpating municipallt+es.
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2. 7o meet regularly, if not daity, during legislative
sesstons, with represe�tatives of the Anoka County
le�islative del�gation a�d the� chatrman of tmportant
committees hearing proposed legislation which would
affect our municiaaiities.
3. To meet and confer regularly wtth the City Manage�s
and City Councils as required to determine the effect
of pending legislatton on each munictpality and to
solicit the position of City Councils on various
leglslation.
4. 7o t�stify to iegislativ� committees regarding the
position and effect of various legislation an the
participating municlpalities.
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Vhere the o inlons of s�'
p particlpating munictpaltties � �+ �
dlffer, to attempt to reach a consensus pos(tion which --
can 6e agreed to in the best interests of all concerned:
To estabiish a ciose working relationship with
�epresentattves of Anoka County, the league of Minnesota
Mu�icipaiities, and other comman interest groups
regarding pending leytsiation.
7. Tr� perform suc� other dut Tes relat ing to pendi ng or
poposed tegislation as requested by Che Anoka County
Assoc�atTon ar individual participating municipalities.
8. To perform s�ch reasonabl� servtces as may be requested
by legislatot-s from Anoka County from ttme to time.
9. To perform such other servites as are necessary to
insure effective �epresentation of the joint interests
of the parties lefore the legtslature.
The parttes agree to establish such formal and informal
arrangements as are nece5sary to insure an adequate exchange
of coms�untcation betwaen themselves and the legtslative
representative.
V. EFFECTIVE DATE
This agreement is effective when executed by the three cities
as 115ted in Article lE, provided, however, that the 1e�islative
representative shall not be retained until the initial payment
is received from each o€ the initial parties.
V 1. Ot1RAT I ON : iERM 1�{AT 13N
7his ag�eement is tn affect untii June 1, 1973, and may be
renewed after that date for such pe�iod as the parties may
agree. This agreement shall terminate whenevar the number of
Qa�ties 1s less than Any party nay withdraw by
filing notice with the administrator advising of its intent to
withdraw within 30 days of such natice. Any member sowithdrawing
shall be returned its proportional contribution out of any
unencumbered balance in tY�� special fund.
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iti �t{TNESS WHEREOF, the unde�'signed governmental unit has .
tsused ihis a9reement to be signed and deiivered to the admintstrator
on its behalf.
CtTY OF ANOKA
gy Oate
Its Mayor
ATTEST:
C ty C erk -
And Date
I ts C� ty Manager
CITY OF COLUMBiA HEIGHTS
gy Date
1 ts Ma �ror
ATTEST: � :
C ty C erk
And Oate
Its Ctty Maaager
CiTY OF FRIDLfY
gy � Date
1ts Mayor
ATTEST:
City Clerk
And Date
ts Ctty Manager
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POPHAM, HAIK, SCHN09RICH, KAUFMAN 6 DOTY. LTD.
WAVNE G. POPNAM 4344 Ip5 CENTER
RAYMOND .4. HAIK
ROGER W. SCHNOBRICH M I NNEAPOLIS 58402
DENVER KAUFMAN
DAVID 5. DOTY �
ROBERT A. MINISH
ROLFE A. WORDEN
G. MARC WHITEHEA�
BRUCE D. WILLIS
FREDERICK 5. RICHARDS
RONALU C.ElMOU15T
GARY R,MACOMBER
FREDERICK C. Bi70WN
ROBERT W,JUNGHANS
March 13, 1973 ,
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Virgil C. Herrick, Esq.
Weaver, Talle & Herrick
6279 University Avenue, N.E.
Fridley, Minnesota 55421
Re: Chies Brothers - City of Fridley
Our File Number 3206-13�
Dear Virgil:
We have obtained authorization from the company to
purchase back the bond in this matter for the sum
of $2,500. This would be subject to all the reim-
bursement provisions as outlined in my letter of
January 11, 1973. Following confirming correspondence
from your office, I can forward you the draft in that
amount.
Should you have any further questions, please contact
me.
Very truly yours,
� y� ����,`�:��--��.�
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�GMW:mjf
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643t UNIVERSITY AVENUE N.E.
City of Fridley
Fridley City Cauncil
Dear sir,
FRIDLEY, MINNESOTA 55432
March 19, 19? 3
The ger�eral membershig of the Fridleq Police Pension Aasoci-
ation at the meeting held on March 18, 1973 voted fiPteen YE3s ar�d
two N0, to rescind our Ietter oP intent that was previously a�nt
to you on Marah 9, 19?3•
The members further stated that ws will take no aotion
regarding any possible pension by-lew changes until af'ter the
State Lagislature has adjourned in Mey ot' 1973•
We heve reliable in£ormation that the 8tate Legislature ia
, in the proceas of amending the 1969 guidelines act at this time.
We feel that our association should take�no action pendiag the
outcome of the current State Legislature, and w� are opposed to
' any legislative changes in our Pension Assoaiation until after
the legislature adjourris.
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re�surer
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Mr. Gerald Davis, City Manager
Mr. David Schaaf, State Senatar
Mr. Joseph Connors, State Representative
�. Paul McCarron, State Representative
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WYMAN SMITH
' � LEONARO LJUSTER
HENRY H. FEIKEMA
RONALO l. HASKVIT2
� JAMES R. CASSERLY
CARL J. NEWqU15T
' � PATRICIA l. BE�OIS
DOUGlAS HALL
OFCOUNSEL
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SMITH. JUSTER, FEIKEMA. HASKVITZ Bc C�SSERLY
CHARTERED
March 16, ]973
Mr. Gerald Qavis, City Manager
City of �ridley
6431 University Avenue N. E.
Fridley, Minnesota 55432
SUITE 1050
BU�LDERS EXCHANGE BUILOING
MINNEAPOLIS, MINNESOTA 55402
TELEPHONE 339-1481
� FRIDLEY OFFICE
6 i41 UNIVERSITY AVENUE N. E.
fRIDLEY, MINNESOTA 55432
TEIEPHONE 560-6870
Re: District Court Lawsuit - John H. Glover, inv. vs. City of
' Columbia Heights and Fridley. District Court File 28615 - 4561
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Dear Mr. Davis:
I aitended a meeting on last Wednesday at the office of Plaintiff's attorney
in St. Paul. A representative of the insurance firm representing the City of
Fridley, the attorneys for the City of Columbia Heights, their City Manager,and
Engineer were a7so present. The Plaintiff made a presentation through William
Dolan, a Civil Engineer and by Doug7as Barr, a Hydraulic Engineer about the
nature of the proof they are going to present. They interpreted the meeting
as a Plaintiff's proposal for settlement. I haven't looked at this file for
some time and thought it might be we17 at this point to bring you and the
Council up to daie.
The Plaintiff ts now on his third set of attorneys. Mr. Miley who is representing
him is a very competent attorney. He is with the Firestone law firm in St. Paul.
I was impressed by the quality and character of the two engineer witnesses. Ne
claims additionally that he has a soils engineer and a professional appraiser who
will also testify. Plaintiff's theory of his case has changed from time to time
and with each set of attorneys. The present basis appears to me to be two. The
first theary is that he is entit7ed to damages on the theory of inverse condemnation.
Briefly this means that the Cities, in actuality, have taken land without compen-
satian. The second theory is that the Plaintiff has been damaged because of a
nuisance the two communities have created in using Sullivan Lake on an ecpanded basis.
That is to act as a watershed for more than its natural and former use.
' It is interesting
wier to take the
the highway storm
that when Columbia Heights installed the storm sewer and the
runoff from Sullivan Lake over toward Jniversity and through
sewer system, that they did have a condemnation action to cover
the storm sewer easemert. Either by an award or by a proposed stipulation at
, time of appea7 it is my understanding that Columbia Heights sent Mr. Glover
$1,500.00 by check. It also appears that the check was never endorsed and used.
I believe the final attorneys certificate on that condemnation has never been
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March 16, 1973
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executed and filed. I suggeste� to Peterson & Kalina who are attorneys for
' the City of Coiumbia Heights that possibly they should consider making that
instrument and with Court approval it has all the attributes of a conveyance
and a settlement of the taking. One of the District Court Judges at the last.
meeting of attorneys with him in February of this year indicated that in his
' view that at least took care of the claim in the present lawsuit of inverse
condemnation.
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Douglas Barr generally indicated at the meeting on Wednesday that Sullivan Lake
had a certain level in ]954 to 1958. That it served a limited watershed area of
220 acres. That Glover's land surrounding the then existing Lake could have been
filled with 33,000 yards of dirt which would put all of the footings above flood
plain levels, etc. He now clai:srs that with the storm sewer system that has been
constructed that the watershed area has been increased from 400 to 525 acres, that
it would now take 130,000 yards of fill to bring Glover's land lying north of the�
lake up to grade so it ►��ou7d be usable, that the wier which is the outlet from
the lake needs to be reduced 9 feet from its present 7eve1 and that the lake needs
to be dredged a depth of 4 to 6 feet in order to accomodate..the total present
watershed area waters. In general the damage they claim then is the difference
of the yardage for fi71 which in round figures is 100,000 yards and if one figures
that fill as having a cost of 75 cents or say $1.00 a yard you are talking about
$100,000,00 in round figures. Tfien an additional item �NOUId be the cost of dredg-
ing the ]ake to get the additional 4 foot to 6 foot depth. Mr. Barr concedes that
perhaps the fill that is needed could be ohtained from the bottom of the lake that
is being dredged so maybe that cost could be ]essened. They have a proposed design
that would change the zoning of �he remaining Glover parcels, dividing it into
five areas: residential on the south next to 57th; limited commercial,retail
sales, office and professional or medical center on the east and north side of the
lake and the pond. They seem ia admii that the change in zoning would have some
monetary value that would offset at 7east in part the damages they be]ieve they
are going to be able to prove.
We are having another meeting at 11:00 a.m. on ldednesday, March 21 at the council
chambers at City of Columbia Heig�ts. I have asked Nasim Qureshi to come to that
meeting.
The case is set for trial now before Judge Gillespie commencing April 16, 1973 and
to be tr7ed before the Court and without a jury.
The onus is primarily on Columbia Heights. The land in Fridley was a part of,
at least Barr's theory, of the original watershed and of the present watershed.
The City certainly does have some exposure. Mr. Robert Austin will be trying
the case primarily for the City. The insurance company as you recall has denied
liability to us indicating that this kind of a claim damage is not one covered by
any insurance agreement. That may or may not be true. The present action asked
for $2,000,000.00 worth of damage from the two cities.
WS : Ar�6
CC: Nasim Qureshi
Virgil Herrick, Esquire
Yours truly,
Wyman Smith
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��r���•�s��,rnan �ssoc�ai�s, 8r,c. 1821 l���versityAvenue, St. Paui, Minnesota �5104, Telephone 612-645-3911
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,,.._ . (SAlIPLE LET�"�'X).._-_... .:
����""� February 2, i973
_ i�3r. Ray Lappegaard
Commissioner of Hi,gh,,�ays
Minnesota Highway Department
John Ireland Bou7evard
S�. Pau7 , f•linnesota 55155
�ear eommissioner Lappegaard:
�e Ci ty of �r� d1 ey has beera an acti ve parti ci pant ��i th the County
� i n working tc�r�ard overa7T i�rovements to � ts ci rcul ati on system.
One of the key aspects of ti�at circulation system is the dev2iopment
of east-west ci rcu7 ati on cc��ati bl e wi th exi sti ng and future devel op-
ment pl ans of the cornmuni ty. __
T�e 1�lississippi Street railroad grade separation is an important elerent
of our east-��rrest ci rcul ati an system. G!i thout ar upgraded servi ce 1 ev�l
as would be arovided by a separated crossing, local trafric ;vould be
forced to utziize Intersta�e 694 and local streets. This, in effect,
is not consistent with your and our circuiaiion planning efforts.
In terms of existing and 1Qr�g range land-use planning, the land uses
along ;NissTSS�ppi Stre�t co�5ist of commercial, indu�:rial, residential,
and vacant iar�d. Our long r�ange plans for tne area indicate that our
zoni ng efforts ari 11 be aimL� at conti nui ng thi s type of pattern. Hoti��-
ever, it is anticipated th� � some iransition from residential to em�loy-
ment areas ti�r�i 7 be accurri r�� and th�se wi 71 be revi e�:��d on an i ndi vi dual
basi s to ass ure compati bi 7 i-iy tivi th adj acent uses. i he conti nui ty of
Mississippi Street created �y the railroad grade separation ard improved
contro� of access <<�i 17 enhar�ce the opportuni ti es to acco:�p7 i sh ou•r 1 ong
rang� planning obj�ctives for the area. In addi�ion, such a faci7iL�
wi l l assi st tiae comm�sni ty su�stanti al ly i n tne provi si on of e^;ergency
servi ces.
l�le have parti c� pated i n the eval uati on of tn� envi ronnenta7 i moact of
th�s proposal and ; eel ihat the envi ronm�ntal benefi t;�ti 11 ou �;�tei gh any
negati ve imoacts Care i n th� desi an of th2 rro iPrt +�ri 11 h� e:��rc? s�d
�U .� �.� ;i:a __ _.._,�=� _.-_i,�. .._.i��: ,..i� `'. 'y_ . __. � '�. � .. (' 1_.,
dl�iCi �v!i ����i c:�! �`� � i� t,lj:. ��;'� I:� ..�i;�._il ��. i � I;;�i..i. �.. ���.,�..,_�? l.,
Sincerely youps,
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City of Fridley
• �T TII[ �01 Of TM[ TmNi
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1. Reeidential
2. Townhousea
3. Multiple Dwellinga
4. Re�idential Garages
- 5. anaidential Alt./Add
6. Commercial
7. Induatrial
8. Carm. Ind. Alt. /Addn
9. Signs
10. Wxackin$, Moving
11. Othera
TOT1�I.
0
itAJEGT
PROTECTIVE INSPECTION SECTION
MONTHIY REPORT
A. Nwnber of Permits Tsaued
8. Eatia►ated Valuation of Pens►ita
MNM�lA Rfv DAT[ . /�OE OF • R�. C
..210- �1_-___- � �$-,�2 . 1 2 800
• 1973 1972 THIS YEAR LAST YEAR
FEBRUARY FEBRllARY TO DiATE TO DATE
8 2 11 2
0 0 0 0
5 4 11 6
0 0 � 0 0
0, 3
1 3 ' 1 4
3 3 10 8
0 Q 1 � 0
17 40 34
iisating � 57 39
Plumbing 34 7 45 22
Blsctrical 1S 121 49
�pT,, 94 39 223 110
ESTIMATED VALUATIONS OF PERMITS ISSUED
1. Reaidential , 3 S,k86 $ 335,�86 $ k5,486
2. Townhaasee 0 2 589 494 0 2 683 202
3. Multiple Dwellinge p 0 0 0
• 4.,ResidentiaZ Garages 0 0 0 2 193
5. Re�idential Alt./Addn 11,750 13,02b 24,030 16,526
• TOTAL RESIAENTIAL
l
( 6..Con�nercial V
7. Induatrial i
8. Coam. ;nd. Alt./Addn.
TOTAL COI�IlK., IND.
9. &igna
10: Wrecking, Moviag
11. Othare
816 2 747 407
TQTA�. M[Sa. 7 55 59,88 I
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GaAND TOTAL VALUATIONS �281 309 75 801 73 971 3, 65,7 r
I
caium� ��. coi�� �2 calum�" #� , C,o�µmR ���
.�.�,. .... •— . —'�^'*--�Rn� :'�R""--+w:�.*w+.i►�+ •r. �„
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City of Fridley
�t T� Tp� p� rw[ rwu�s
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�•ul_••--� coww��rv o�[vt�orwsNr av.
' � � �ccnrc wt�cno►+ oi.r.
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...Jt-• !.� s�t-�sa-a�eo
iU��ECT �ROTECT I VE I iVSPECT I O�V SECT I ON
MONTHLY REPORT
C. License Fees Collected
D: Permit Fees CoJ.lected
MtJ10lA REv DATE 1�oE Os TA►o
LICENSE FEES
TYPE NLTMBER
FEES
COLLECTED
Blacktopping G
Excavating
Ga• 3ervices
Geaeral Contractor 117
$eating 48 72 . 0
House Moving & Wrecking 4
M�as onry
Oil Heating
Plastering 4 60 00
Roofing 2 30.00
Sign Erectors 9 22•5.00
Misc . � 0
TYPE
$�tilding
Electrical
Heating
Plumbing
8 i�ne
TOTAL 2Z$ SS_43 cl 1
Column �1 Column �62
£6
1973 1972 THIS YEAR LAST YEA]
PERMIT N0.'S FE R AR
12034-12047 $;821.00 7 659.00 1 058.00 9 471 2
9350-9382 1 137.50 41.
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5519-5545 4 2.00 873. 0
5851-5884 1 Oi6.00 2 SO 1
134-136 30.00 6 .00
.
TQTAL 3 466.50
Coluan #1 olumn �2 l;olumn
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. .� N r. - .�:.; li: ! a .)..r . :. . , . , . . .
Column �4
IT„�+w'n"�'R�
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Co lumn ��5
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City of Fridtey
f *T TIK TO► Gf TN[ TIMIM�
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}��--���-� GOwMUNITr pRVtIC�MENT pv.
� � � MOT[C�WR MM'tCT1pN 0�►T.
�l i �-.-� i CITr MAII. ��IDI�r ���ii
L..--J��.•' � �.J �li-6�0'�NQ
INSPECTIONS
BUILDING
ROugh-ins;
Footinga:
Framings and Reinspectiona
Work Not Ready or Rsjected
Stop Work Posted
Violationa Checked
CQSnplaints Checked
Dangerous Buildinga
S igns
Miscellaneous
Finalst Reaidential
Finals; Com. & Industrial
Total Inspectiona
Permita Isaued
PLtJMBING & HEA'TING
Rough-ins :
Reinapections
Work Not Ready or Rejected
Dangerous Buildinga
Miscellaaeous
Finals; Resi.dential
Fina�s; Com. & Induatrial
Total Inspec�iqna
Pexmita Isaued
EI.ECTRICAL .
Rough-ina;
Reinapectiana:
Work No� Ready or Re�ected
S igns
pan&exous Buildings
Sexvice Inapectione
Finalst Res�dential
Finalst Cam. & Induetrial
_. � _. __ __ _ . -.� ._ . . - • - - ------. � _.. _ .. _ i
PRQT�CTIV� INSPECTIOPJ SECTION �
MQNTHLY R�PORT j
�. MON'�HLY INSPECTIONS �
i973 1972 THIS YEAR
�
Rov e+ �—'
8��
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I.AST YEAR �
FEBRUARY FEBRU '
24 18 45 ' 25
20 52 50 84
'61 8 75 20
4 2 4 4
2 2 4 7 �
2 0 .5 0 !
7 10 19 19 i
1 6 17 10 i
3 6 3 13 �
17 �+0 34 56�
49 21 73 42
2 19 12
6 10 10 14
0 0 0
3 0 6 2
� 93 5 11+2 : 113
S 1, 17 ; 0
i
9 5 34 15
10 3 � 12 3
2
0 0 1 0
19 10 39 . 21
3
I
� Tota�l T�,�pe�tiana 64 46 147 g0 f
� PsYtnita �ssued 33 � 1�5 121 49
. Cplum� 1 Column �i2 Column �k3 Column �1�4
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PlJBLIC WORICS DEPARTMENT
� CITY OF FRIDLEY
MONTHI.Y REPORT - FEBRUARY 1973
0
$TREET DEPARTMENT
' 1. Crackfilling . . . . . . . . . . . . . . . . . . .
, 2. Gravel Hauling . . . . . . . . . . . . . . . . .
.
, 3. Misaellaneoua•Street Work• : : : : : : : : : : : :
4. Patching ,
5. Shop Time . . . . . . . . . . . . . . . . . . . .
6. Signa, Barricadas attid Croeoinge . . . . . . . . .
� 7. Equipment Repairs - Street . . . . . . . . . . . ,
, WATBR DEPARI�NT
1. Filtration plant . . . . . . . . . . . . . . . .
2. Final Readings at�d Collaction� . . . . . . . . . .
' 3. Hydrant Rapair• and Fluehiago . . . . . . . . . .
4. Mi�cellaaeous Waeer Work . . . . . . . . . . . . .
S. Pumphouae Work . . . . � . . . . . . . . . . . . . .
' 6. Standpipe Repair� . . . . . : : . . . . . . . . .
7. Water and Sewer In�pactiona .�� . . . . , . .
� 8. Water Meter Inapectiona and Rapair� . . . . . . .
' 9. Water Turn•one : . : : . : . . . . : . . : . : .
10. �termain Breaks . . . . . . , . � �
11. Equipment Repair� - Water . . . . . . . , . . . .
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$BF�Et� DEPARTMENT
� 1. Lift Station In�peatione and Repaira . . . . . . .
2. Miecellaneous Sawer Work . . . . . . . . . . . . .
3. Sanitary Sewer Cleaning . , . . . . . . . . .
k. Sanitary Sewer Inapections . . . , . . . . � ; .�,
; 5. Equipment Repair• - 3ewer . . . , , . , . . . . ,
' STORM SEWER DEPARTMENT
1. Catch Baein and 3torm Sewer Cleaning .......
� 2. Miacellaneous 3torm Sawer Work . . . . . . . . . .
t
�SNOW AND ICE CONTROL
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1. Misceilaneoua Snow and Ice Work . . . . , . .,. ,
2. Sanding - Ice Control . . . . . . . . . . . . . .
! ' 3. Snow Plowing . . .'. . . . . . . : . � . . . . . .
k. Equipment Repairs Saow and Ice . . . . . . . ,
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HOURS
169
9
266}
37
98
84
303 3/4
i�s�
48
21�
30�
416�
1�
70
16
141�
28�
181�
132
266�
34 .
22
22
10
20�
92
266�
49
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PUBI.IC WORKS Di:PARTMENT
MONTHLY R�PORT - FEBRUARY L973
MISCELIANEWS
1. Adminietratioa . . . . . . . . . . . . . . . . . .
2. Chain Saw School . . . . . . . . . . . . . . . . �
3. Coffee Br�ak� . . . . . . . . . . . : : . . . . . .
4. Eagina�riag DeparCmsat (Dika) . . . . . . . . . .
5. Fiaanc• Departm�at . . . . . , . . . . � . . . , �
6. Fire Departmant . . . . . . . . � � . . , , . . .
7 . Ho 11day� . . . . . . � . . . . . . � . . � . . . . .
8. IndirscC Ti� . . . . . . . . . . . . . . . . . .
9. Injury of Job - Mari� Loa�arbons . . . . . . � . .
10. Logi� . . . . . . . . . . . . . . . . . � . . . .
11. Park Dapartmsat . . . . . . � . . . . . . . � . .
12. Part• Imrentory . . . . . � , . . . . . � . � . .
13. 3artar Department Msstin�• b Confersncas .....
14 . S ick Leava . . . . . . . . . . . . . . . . . . . .
1S. Vacat ioas . . . . . . . . . . . . . . . . . . . .
16. Water Meter School . . . . . . . . . . . . . . . .
17. Weekend Duty . . . . . . . . . . . . . . . . . . .
18. Equipment Repairs - Enginsaring . . . . . . ... .
19. Equipment Repair� - Fire Department � . . . . . .
20. Equipment Repair• - Liquor 3tores , . �. . . . . .
21. Equipment Rep�irs - Park Department . . . . . . .
22. Equipment Repaire - Police Department . . . . . .
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2�
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71
47�
2
31�
168
18
34
28
3•3/4
9
27�
156
76
16
36
12�
7� .
3�
ili-3/4
56�
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THE MINUTES OF THE REGULAR COUNCIL MEETING OF MARCH 19, 1973
��%'."_' i�' � / y �i�
The regular meeting of the Fridley City Council was called to order at 7;30
p.m., Merch 1g, 1973, by Mayor �iebl.
PLEDGE OF ALL�GIANCE;
Mayor Liebl led the Cou�cil and the audience in saying the Pledge of Allegiance
to the Flag,
I NVOCAT, ION: � .
Mayor Lieblsaid there would be two minutes of silence for individual prayer
for the purpose of thanking God for the return af the Prisoners of War.
ROLL CALL:
MEMBERS PRESENT: Utter, Nee, Breider, Starwalt, Liebl
ME MBE RS ABSENT: None
PRESENTATION OF AWARD: �
PRESENTATION QF TROPHY TO FRIDLEY HIGH SCHOOL WRESTLING TEAM AND COACHES FOR
WINNING THE STATE WRESTLIN6 CHAMPIONSHIP:
Mayor Liebl presented the trophy and expressed pride in the wrestl.ing team on
behalf of the citizens and the Council. The representatives o�f the team thanked
the Mayor and other members of the Council.
APPROVAL OF MINUTES:
PUBLIC HEARING MEETING OF FEBRUARY 12, 1973:
MOTION by Councilman Skarwalt to adopt the minutes of the public H�ring
Meeting of February 12, 1973. Seconded by Councilman Breider. Upon a voice
voke, all voting aye, playor Liebl declared the motion carried unanimously.
ADOPTION OF AGENDA:
Mayor Lieb) said the following items would be added to the agenda;
Changing "receiving bids for iiquor sto re sign" to "receivin� bids for
1 iquor store ftxtures':�, item number 16 on the agenda.
Receiying Petitlon for repaving and installation of curbing for Starlita
Boule�ard from 61st to Sylvan Lane N.E,
Receiving a communfcaXion from Malcom Watson, City Menager, �olumbla
Heigh�s.
Receiving a communication from Fridley Police Pensian Association.
Receiving a communication from Wymen Smith, District Cau�t File 28615-k561
.
REGULAR COUNCI�. MEET9f�G �F P9R�CFi i9, i�,�3
page 2 , I
Councilman Nee said he would like to add the reconsideration of Mr. Bob Ba�nett
to the ad hoc North Park Committee to the agehda..
MOTION by Councilman Nee to adopt
men Breider. Upon a voice vote,
carried unanimously.
VISITORS!
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the agenda as amended. Seconded by Council- �
all voting aye, Mayor Liebl de�lared the rnotion
I�ITRODUCTION OF NEW POLICE OFFICERS BY THE ASSISTANT CITY MANAGER/PUBLIC SAFETY
DIRECTOR:
Mr. James Hill, Public Safety Director introduced Mr, Charles Hanson, and said
Mr. Hanson had two years.experience as deputy sheriff with Anoka County and is
26 years of age, married and iives in Anoka•. Mr. Hill introduced Mr. �ary
W. Lanzmeier, age 27, and Mr. phillip J. 5elewski, age 26. Mr. Hill said one
af the other new men would be starting on the 26th of March.
�4ayor Liebl welcomed the new men to Fridley.
MRS. SHARON BAKKE, 652 MONROE ST.. SECRETARY FOR NATURE CENTER BOOSTER COMMITTEE:
Mrs. Bakke introduced herself and announced an upcoming meeting of the Nature
Center Booster Committee on March 22, 1973,.8:00 p.m., at St. Williams Church,
and asked the members of the Cauncil and Staff to attend the meeting. She
said there would be a film produced by the Audubon Society, shown at the meeting.
PUBLIC HEARINGS:
A FRONT YARD VA
MOTION by Counciiman Breider to waive the reading of the Public Hearing Notice.
Seconded by.Councilman Sterwlat. Upvn a voice vote, all voting aye, Mayor
Liebl declared the motion ca�ried unanimously, and the Public Hearing opened.
The City Engineer called the Councll's attention to page 1-A of the agenda and
seid the request is to reverse the plan. The City Engineer e�aid Mr. DeGardner
w�s present to discuss the matter. The City Engineer said there was a problem
with the requested plan as the building does not fit the lot and either the
house or the garga�e would have to be cut by one fmot for the required amount
of side yard set back.
Cowncilman Breider asked if the pian submitted to the Council in the agenda was
the new plan? The �ity Engine8r said, r��, this was the old plan. The City
Engineer said there is a minimum set back of five feet for the south side or
ga�age side. Me edded, on th+s side the plans will heve to allow for a six
foot set back, because of.the exlsting sJx.�oot easement, or an additdonal set
back of one foot. The Gity Engineer asked who is the property owner on th�
north side? Mr. peGardner said, Mr. Al Johnson. r�he City �ngineer said there
were two alternativE�; one, app rove the ptans stipulating the house be cut down
by one_foat, or two, oBtain aRp roval frar� the property owner on the north side
and proceed with the reversing plan. Mr. DeGardner said the property on the
north side is vacant. Mayor Liebl asked if Mr. Johnson would object to the
varia�ce? Mr, peGerdner said no, he was sure Mr. Johnson would not objact.
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! • REGULAR COUNCIL MEETING OF MARCH 19, ��?� PAGE 3
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Mr, Richard Harris, 6200 Riverview Terrace, said he would like to see the south
alevation of the house. Mr. DeGardner said the elevation was a little higher
than on the previous plan. He said the people he was building the home for,
had visualized the horr� angled�back. He added, with the change in plans, it
will enable the home owner to have a better view of the river.
Councilman Nee said he would recommend the second alternative of approving the
variance, contingent on receiving a letter of agreement from the adjacent
property owner.
The City Engineer'said the �equest was a simple request to flop the house plans
over, and he recommended the Council approve the request.
MOTION by Councilman Nee to close the Public Hearing. Seconded by Council:,,an
Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion
carried unanimously and the Public Hearing closed at 7;52 p,m,
�i0TI0N by Councilman Nee to grant the variance for a side yard set back on the
north side from �en to nine feet, contingent upon receipt of a letter of approval
from the adjacent property owner on the north side, Mr. Al Johnson; and to
approve the request to reverse the house plan. Seconded by Councilman Starwalt.
Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried
unanimously,
OLD BUSINESS;
DISCUSSION ON ACQUISITIQN OF PROPERTY IN CONNECTION WITH ISLANDS OF PEACE PROJECT:
Mayor Liebl said the Council had received a copy of a memorandum prepared by
the City Attorney on the matter and called on the City Attorney to express his
views.
The City Attorney said he would like to make a correction on the last para-
graph of the memorandum changing "purchase agreement" to ��option".
� The City Attqrney said he had been contacted by Mr. Ed Wilm�:s who stated he
and Mr. Minder, the property owner, had had some discussion on acquiring the
property which is adjacent ta Chase Island for the �s)ands of Peace Project.
�e said they had discussed price and terms of a possible agreement. The City
� Attorney said the Fridley Lions Club had contributed $2,000.00 to the project
as qption money fof the two sites. The City Atto rney expla�ned that the Isla�ds
of Peace f�und is under the jurisdiction of the Council and the Commtttee is
� an ad ho� cammittee with appointments by the Council. He said in order to
approv� entering into this option agreement, it would have ko be done through
th� City to obtain proper title, ,
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Th� City Attorney said the Committ�e had indicated they w�nted to enter into
th� op�ion agreement with Mr. Minder, He added, the $2,p00,00 would be used as
caption money, He said if the option is exercised the option money would be
applied to the pric� of the land. H� said if the option is not exercised, the
money would be forf�ited. The City Attorney sa�d an additional $13,000.00
would Mave to be paid to Mr. Minder at the time the option is exercised or
at the time of closing.
REGULAR COUNCIL MEETiIv� �� M+��iC�i i�, a`'"7:
The Gity Attorney said Mrr Minder was present at the meetin9.
PAGE 4 �
Mr, Wilmes said he believed the approval of the request was important to the
Committee and also th.e entire area. He called on Mr. Foster Dunwiddie, Miller-
Ounwiddie, Archi_tects, Inc., to present the matter for the Islands of Peace
Committee, He said, Mr. Richard 0. Jaepbson, Islands of Peace Advisory Board
member from th� Fridley State Bank,was also pres�nt.
Mr. Dunwiddie addressed the Council and Audience and placed a map of the area
on the ea5e1. Mr. Du�widdie said what they were ciiscussing that evening was
the acquisition of two lots or a four acre tract. He said the land acquisi-
t�on had been discussed at the February S, 1973, meeting of the Council. He
said the land would be us,ed for the construction of shelters and be used for
a recept�on area for the project. He added, the problem of the island being
within the flood plain zoning area subje��ts it to some inundation. He added,
���iere would be some saving in cost to the project by the acquisition of the
�3ts and aTso, the sewer and watar are within close p roximity.
�;r. Dunwiddie said he would like the Council to app rove the Committee's request
to enter into an option agreement at this time. Mr. Dunwiddie stressed the
impQrt��ce of approving the request at the present meeting saying the Committee
would only have 60 days to assemble the balance of the down payment, Mr.
Dunwiddie listed many foundations and corporations that may be willing to
contribute to the balance.
Mayor Liebl asked Mr. Dunwiddie if the two lots were essential to the project
in his opinion, and Mr. Dunwiddie said they were vital because they would save
on the cost of.the project and add to the entire plan.
Councilman Breider questioned if 60 days would be an adequate amount of time
to raise the remainder of the money? Mayor Liebl said he thought there should
be more time allowed. Mr. Dunwiddie said the Committee would also like more
time, but Mr, Minder has a purchaser for the lots. The City Attorney agreed,
this was what Mr. Minder had said, to the best of his knowledge. Mayor Liebl
asked Mr. Minder if this was.the case, and he said it was.
The City Manager said he was concerned if whether the Lions Club was fully
aware that the money would be forfeited if the balance is not raised. Mr.
Dunwiddie said the Lions Club was award of this. The City Attorney said the
City can not enter in�� a contract for'deed. He said, in case of default,
the seller would have to take the property back, Mr. Minder did not agree
and stated, he had the same privil�ge of foreclosure, The City Attorney
said, Mr. M�nder could not sue for the balance.
Mr. Minder said he did not want to get in¢o trouble at any time, He said he
did not wi�h to be put into the position wh�!r� someone would ask "why didn't
you give the money back to the Lions Club?". F�e said he had a purchaser for
tha prop�rty and he had given him an option. Ne said if he wa�ted one more
y��r there would be $2,000.00 in taxes and special assessments on the property.
Me �aid he did not want to think he had taken mone�� from the Lions Club, He
said.if the option was not exercised he did not want anyone present or anyone
from the Lions Club to have hard feelings.
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` , REGULAR COUNCIL MEE7ING OF MARCH 19, 1973 ' PAGE 5
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Mr. Dunwiddie asked if Mr. Minder would consider'extending the time period
for the payment of the ba)ance of the down payment? Mr. Minder said there is
a penalty period for paying taxes on the property. He added, if it is not sold
soon, he would be unable to sell it at all this year. He said he had already
delayed the sale to enable the City to enter into an option agreement, and he
felt 60 days was an ample amount of time.
Councilman Nee said he thought this was a good proposal and he asked the City
Attorney if the City could buy the property without an appraisal? The C+ty
Attorney said Mr. Minder had set the amount, and if the Council would proceed,
they would be buying the property without an appraisal. He added, it is normal
to have an appraisal. The City Attorney said the City Manager had also ques-
tioned him on this point. He said the property is zoned for 72 apartment units
and it is on the river. He mentioned the adjacent property saying it had been
purchased by Hirsch Brothers four to five years ago and they had paid that
,�uch for the property. He said the pieces of property are similar with the ex-
:-eption that the developed property has open exposure and the proposed property
:� close to Chase Island. The City Attorney said this would be a fair price
if the land was to be sold to a contractor who would intend to build apartments
on it. He added, it has to be looked at for its highest and best use, and that
is apartments he said. 7he C+ty Attorney continued saying the City enter into
an option and have the p roperty appraised before this option is entered into.
He added, if the appraisal was done after the option is entered into, it would
not let the City out of the option. He suggested an appraisal before entering
into the agreement to provide more materia) for consideration.
MOTION by Councilman Nee to authorize the City Atto�ney to prepare an option
agreement and authorize the Mayor and City Manager to sign the agreement. Upon
a roll ca11 vote, Nee, 8reider, Starwalt, Liebl, and Utter voting aye, Mayor
Liebl declared the motion carried unanimously.
Mr. Wilmes said he would personally like to thank Mr. Minder for his time as
he had received other offers.
Mayor Liebl said the Council is whole heartedly behind the project, but it
would be up to the Committee to obtain the necessary funds for the option.
AND
CONSIDERATION OF APPROVAL OF A
COMPANY, 5695 HACKMANN AVENUE
CONTINUE SERVICE STATION:
LVnIryV RG�U=JI LVM �/L�I1,
0 REZONE FROM C-1S TO C-2:
AL USE PERMIT SP #72-18, B
TO CONSTRUCT A CONVENIENCE
The City Engineer said the matter before the Council was the rezoning of the
prqperty presently being used by Union Oil from C-1S to C-2. He said if the
flrst reading is adopted at the present meeting, he would suggest a traffic
p)an of the entire area be completed before the adoption of the second reading.
He said the purpose of this action wo��ld be to inform Uniqn Oil of the plan and
their obligations. He said this should be a long range plan taking the
City, the Oil Company and the adjoining property owners into consiideration
and working for one goal, '
REGULAR COUNCIL MEETlN:� <�F MA�CH i9, ;�=;r3 PAGE 6 ' '
Mayor Liebl asked if the rezoning were approved, would the City have problerns
in the future solving the p•rvblem of the intersection traffic? The �ity
Engineer said he favored working with the Oil Company to complete the plans
before the rezoning was approved because this would give the City a negotia-
ting position. He sai�' once t�e rezoning is passed and there are building
permits issued, the City's position would no.t be as good as it is at the
present time. He added, adopting the first reading would not create too much
of a problem. I{e explained, it would have to go to a second reading and be
published.
Mayor Liebl asked the City Engineer if he felt a plan of the area should be
worked out before the second reading of the ordinance. The City Engineer
said yes. �
Mr. Edward Fitzpatrick, Planning Commission, said he would like to clarify
�� point. He said in the Minutes of the planning Commission Meeting it was
.,tated that he said, "I am not sure there is a traffic problem". He added,
�ie had said "he was not sure there was a solution to the traffic problem,"
Councilman Starwalt asked Mr. �len Hubbard, representative of Union Oil, if
he would object to a stipulation that thP building permit would nat be issued
for a period of six months? Mr. Hubbard said they had requested a building
permit two years ago. He said if the City needed six more months he thought
the Company would be agreeable.
The City Engineer said the Council's problem was how much time would be needed
to come up Nith a solution.� He said there had already been a plan approved,
he added, if the Council feels that there should be modificatidn of the plan,
the Council should decide what they want and how much time is needed. He
said the problem would be to bring the traffic away from the area. He said
if the Council feels there is merit in another plan and it is for the good of
the Community they will have to make this determihation. He added, the �*3*e
has released the right of way along the T. H. #6; and the County has.released
the City to institute the approved ptans, previously adopted by the City Coun-
cil. He added, there has been no signatures on the deeds as of yet. He said
it is possible to go back to the Gounty.
Councilman Starwalt asked if the rezoning would be approved at this time,
would it hurt the negotiations? The City Engineer sa�d it could adopt the
Ordinance for �ezoning aRd require the Oil Company to meet the City's stipu-
lations,;but a better way would be to require the stipulations to be met and
then rezone the property.
Mayor Liebl read the follcwing from the letter to the Council from the City
Engineer; �
I feel.that the detachment of Hillwind Road behind the gas station,
ala�g with in the futur� making a portion of Hathaway lana� from the
detached service road to Polk Street one way going west, would be the
appropriate solution to the future traffic volume needs of this inter-
section, taking fnto consideration the following factors:
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I• REGULAR COUNCdL MEF°:';�'�; �'�' MARCH 19, '�; � PAGE 7
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1. This proposal would put the least arr�urrt of traffic into the
residential areas from Innsbruck North Development and the
potential future commercial developments.
2. The cost of this Proposai wouid nat be as high as some of
the other proposals.
Certainly, if the traffic consideration were the only determining
� factor, this is not the best plan; but if traffic, aiong with keeping the
traffic through the residential areas to a minimum and the cost factors
are consider�d of prirne importance, then this would be the only solution.
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Mayor Liebl said the Polk Street plan must be considered before this proposal
is implemented. The City Engineer said if the first reading of the ordinance
is adopted, he can try to work on the other plan on Polk Street, but this
��ould be more expensive, he added. _
3layor Liebl asked if the City would want to encroach on the area residents,
he added, the Councils concern would be to alleviate the problem and divert
the traffic. He said if the Council adopts the second reading, the members
must know in their minds which way the City is going, Hillwind or Polk. He
said the City must not encroach on the properiy owners, if the Council rezones,
i.t will be doing just that.
Councilman Starwalt said there were some property owners in attendance at the
� Public Hearing on the matter that did not enter into the discussion. He asked
if any of the people were present. There was no response. He said he had
talked with the home owners of the area and from this and the results of the
last hearing, he felt the people were not in favor of Lhe loop back idea. He
� added, the people felt the best route would be to use Polk Street, he said,
much of the traffic is already on Polk Street. He said the development of the
Innsbruck North area would continue to increase the polk Street traffic. Some
� of the traffic can be routed to Matterhorn and Gardena when this route is
completed. The people were not completely in favor of using Polk Street, he
said, but they did believe this would be the best of the suggested routes,
Councilman Starwalt said he was hesitant to recommend this route until he is
� able to speak with more of the residents on Polk Street. He said he also felt
the patience of those at Union Oil may be wearing thin.
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MOTION by Counciiman Sxarwalt to adopt the first reading of the ordinance, with
the stipulation that Uni�n Oil does not apply for a building permit for the
period of six months or until � time when the plan of the area is completed.
SECONDED by Councilman Utter.
Mr, Hubbard said he did not believe the statior� would encroach on the resi-
dents of the area as it had been there for 20 years.
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REGULAR COUNC I L ME�T ��G �iF� MFtRCH 19, i����
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Mayor Liebl asked if there was a portion of the land that is not commerciai at
the present time. Mr. Hubbard said the request was for the property that the
gas station is located on at the present t+me, and all of this is commerc+al.
Mayor Liebl said he would like the record to state that there would be no
residential property zoned commercial, what is to be rezoned would be from
one type of commercial to another type of commercial.
The �ity Engineer said the present zoning of the property, C-IS, does not
allow for the construction of a gas station, this is the land the station is
now occupying.
UPON A ROLL CALL VOTE, Liebl, Nee, Utter, Breider, Starwalt voting aye,
Mayor Liebl declared the motion carried unanimously.
The City Engineer said he had been trying to get some direction from the Council.
tie said Councilman Starwalt had been talking with the residents and working
for a satisfactory solution. Councilman Breider asked Councilman Starwalt if
he planned ta continue working with the people? Councilman Starwalt said he
did not believe the matter would have to come to another publ�c hearing for the
peopte to reaffirm the belief that the Polk Street route is the best over ali
solution to the traffic problem. He added, with the anticipation of the
future traffic, some restr ctions have to be made. He said he woutd tike to
again speak to the people of the area before anything else is done. He said
he would like the City Engineer to prepare a plan for the Polk Street route.
Councilman Starwalt asked if the Engineering Department could come up with
some kind of cost figures? He said he did not believe the adjacent property
owners should be assessed because this would not be thei�r property. He said
the people were interested in the cosfi to them directly. Councilman Starwalt
asked how soon a cost would be assessed to the people.
The City Engineer said he could obtain the cost figures from oth�er projects.
He added, if the people have roadways, they have already paid foF the street
assessments, H� said there would only be an assessment if the street curbing
were changed from asphalt to concrete.
Councilman Starwalt asked if the street would have to be widened to adequately
take care of the increase in traffic? He said he had tried to cover all the
aspects of the plan with the people. The �ity Engineer said it would be very
difficult to widen Fo lk S�reet as the houses are already quite close.
MOTION by Councilman Utter to receive the report from the City Engineer, dated
March 15, 1973, regarding the intersectian improvement of Central Avenue and
T. H. #65. Upan a voice vote, all votinr� aye, Mayor Liebl declared the motion
carried unanimously.
ORDINANCE #5� AMENDING SECTION 3•05 RELATING �0 THE USE OF SICK LEAVE FOR CITY
EMPLOYEES:
MOTION by Councilman Breider to waive the second reading of the ordinance, adopt
the ordinan�e and order publicat:on. Seconded by Councilman Utter. Upon a
voice vote, all voting aye, Mayor Liebl declared the motion carried una,�imously,
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REGULAR COUNCIL MEETING Jf MARCH 19, 29�3
PAGE 9
ORDINANCE #535 AMENDING SECTION 3•08 RELATING TO THE USE OF FUNERAL LEAVE
FOR CITY EMPLOYEES: '
MOTION by Councilman Breider to waive the second reading, adopt the Ordinance
#535, and order publication. Seconded by Councilman Utter. Upon a roll call
vote, ali voting aye, Mayor Liebl declared the motion carried unanimously.
RECONSIDERATION OF MR. BOB BARNETT TO AD HOC NORTH PARK COMMITTEE REQUESTED
�BY COUNC I LMAfV PIFE ;
Councilman Nee said he had brought the matter to the Council's attention
I because he believed there was double representation from District #14. He
suggested reducing the amount of committee members or adding representatives
from the other school districts in Fridley. He said he would favor adding
more members to the committee. He said he did not like to see this type of
1 information being presented after an issue is voted on, he added, he thought
it should be in the agenda. He said he would like to see three more appoint-
ments to the committee or Mr. Barnett taken from the�committee:
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Mayor Liebl said he did not recommend Mr. Barnett's appointm�nt because he
was a staff inember at District #14, he said he had recorqmended him because he
is the City's Week Inspector and could add a considerable amount of knowledge
to the committee.
Councilman Breider said there was other people on the committee that
constitute double representation. He said he had heard Councilman Nee's
arguments and he did not feel it is a matter of whether the committee member
from the school district favored a nature center or a golf course, he thought
the reason for the members on the committea would be to have some input from
those who run the school programs.
MOTION by Councilman Nee to remove Mr, Barnett from the ad hoc North Park
Committee.
Mayor Liebl declared the motion DEAD FOR LACK OF A SECOND,
MOTION by Councilman Nee to invite School Districts #11, #13, and #16 to
offer a nomination for representation on the ad hoc North Perk Committee.
Councilman Utter said he would second the motion for discussion purposes.
Councilman Utter said he questioned the Barnett situation. He added, he
admitted he was a member of the staff at District #14. He said the Council
had asked him to contact the School Administration. He 5aid he had talked
to many people and they said they did play golf but would be just as interested
in a nature center on the North Park site. Councilman Utter said he had not
talked to Mr. Barnett.
Councilman 8reider said every week the situation goes along and there are new
members on the committee. He added, there is not time for a meeting when
each t i me he comes to mode ra te h e ha s t o e d u ca t e new membe rs . He sa i d
this situation is tedious to the other members that have been on the committee
from the beginning. He added, with each new member, the committee has to
cover the information that has been presented from the start. He said if
the Council wants the committee to perform a function, they will have to lim:t
the membership additions, He said he was not in favor of expanding the commi-
ttee.
REGULAR COUN� IL MEETI�JG ��� t�Ai2CN lq, i f;" PAGE 10
Councilman Starwalt said he thouyht that District #14 was by far the largesta,
District in the City. He added, he believed if there was to be a difference
in representation, the greater amount should be from District ##14. He said
he did not be)ieve there should be a representative of that District on the
Committee. He said he had no idea that Councilrnan Nee would look a.t the
appointment as a representative of District #14.
Councilman Nee said all of the members of the Committee represent a group.
Councilman Breider said this was not true, Mr. Werne� did not represent any
group. Councilman Nee said he was not prepared to say how, but he believed,
that there could be some advantages to adding the representation from the
other School Districts to the Committee.
UPON A ROLL CALL UOTE, Breider, Starwalt, Liebl, Utter, voting nay, Nee voting
aye, Mayor Liebl declared.the motion failed.
RECEIVING PETITION FROM DON BRATT FOR LOT D REGISTERED LAND SURVEY `13
(SIVERTS LANE) FOR MUNICIPAL WATER AND SEWER:
MOTION by Councilman Utter to receive the Petition. Seconded by Councilman
Breider. Upon a voice vote, all voting aye•, Mayor Liebl declared the motion
carried unanimously.
Mayor Liebl asked the lot owned by Don Bratt, 6101 Ovrton Drive be pointed
out on the map. The City Engineer pointed out the area and said the request
at the present time is to put in a weli and cesspool.
The City Engineer said the City would not be allowed to regulate the construc-
tion of cesspools and wells until after December of this year. The �ity
Engineer said the only problem would be if other people were to build in the
area and want to put in wells and cesspools after this date.
Mayor Liebi asked Mr. Bratt if, when the City puts in sewer and water, will
the property owner pay special assessments and connect to the municipal system?
Mr. Bratt said this stipulation would be alright.
MOTI�I by Councilman Utter to grant the request for the installation of a
cesspool and well with the stipulation that at the time of the installation
of the sewer and water, the property owner be required to connect to the sys-
tem within a certain amount of time.
Mr. Bratx asked if this requirement would be placed on the property owner at
the time. The City Engineer said yes.
SECONDED by Councilman Starwalt.
Cauncilman Starwalt asked Mr. Bratt if he was planning to sell the property?
Mr. Bratt said yes.
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Councilman Starwalt asked if he was building the home for the new property owner,
Mr. Bratt said yes. He said the new property owner had not been informed of '
this fact as yet, but he would inform him of this ramification.
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UPON A VOICE VOTE, all voting aye, Mayor Liebi declared the motion carried
unanimously.
RECtIVING THE MINUTES OF THE PLANNING COMMISSION h�ETING OF MARCH 7, 1973:
REZONING REQUEST, ZOA #Z3-02, BY ROBERT DEGARDNER:
The City Engineer said the request was for rezoning from R-1 to C-R1 at
7920 East River Road and the Planning Commission had recommended denial
of the request. �
MOTION by Councilman Nee to concurr with the Planning Commission and deny
the rezoning request. Seconded by Councilman Utter. Upon a voice vote,
all voting aye, Mayor Liebl declared the motion carried unanimausly.
SPECIAL USE PERMIT, SP #73-01, STANDARD OIL COMPANY:
The City Engineer said�the request is for the installation of a drive in
type of car wash to be installed in the station at Osborne Road and
University Avenue N.E, The City Engineer said the Planning Commission had
recommended denial of the request.
Mr. Harlan McGregor, a representative from the Oil Company, said the
property is•correctly zoned and there were no objections to the installa-
tion of the equipment voiced at the Public Hearing. He said he had ob-
tained the signatures of the people in the sh o pping center and the owner
of the shopping center. He asked the Council for a favorable vote.
Councilman Breider recalled the denial of the request for the installa-
� tion of a car wash in the Holly Shopping Center. He said the present
request created d�fferent ci rcumsta��ces tha�� those at Hol ly. He mer�tioned
the amount of traffic and the grade. He said he did not see why there
could not be a car wash installed there. He said it would be a convenience
' to the customers of the station. He mentioned the large amourit of space
in front of the station.
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Mr.,McGregor agreed, there was a large area there, he added, the Oil
Company has installed them in much smaller stations.
Councilman Brelder asked the City Engineer if there would be any proolem
with stacking. The City Engineer asked htr. McGregor if a customer could
easily obtain access to the station and a;'so back out? Mr. McGregor said
yes. The City Engineer seid this is not the kind of car wash that you
would drive through, but'it may cause some additional traffic. Mr.
McGregor said the Oil Company has not had any such stacking prablems
in any community. He added, the facility is an impulse item.
Mayor Liebl asked what the major objection by the Planning Commission was
based on. He added, they had voted four to one to deny the request. Mr.
Eldon Schmedeke, Planning Commission, said he had not planned to come
before the Council that evening. He said the reason it was denied is
REGULAR COUNC Il. MEET ING Q� h����4 r 9, 1�; �
PAGE 12
because there are so meny stations in the City and the area that there is
going to be many problems. He added, there are car washes i� the City
and they are trying to operate as car washes if this facility is used a
great deal, it would hurt the cars wash business. Mr. Schmed�ke �aid
there should not be as many stations, and the City should only put them
in where they �ould financially make it. He said this is why he is against
it, there are too many young men investing in stations and turning around
and giving them up because they can not make a go of them. He said he
believed the next t'ime someone comes in with a request to construct a
station, he would like the Council to think about the need for another
station.
Mr. Ed �itzpatrick, planning Commission, said he had'heard there was no
problem of the station making a go of it. Now this request is presented,
he added, for all practical purposes this installation would be for making
a success of the station.
M0710N by Councilman Breider to approve the request and allow the installa-
tion of the car washing facility and issue a specia{ use permit. Seconded
by Councilman Utter. Upon a voice vote, Utter, Nee, Breider, Starwalt
voting aye, Liebi nay, Mayor Liebl declered the motion carried.
Councilman Stafwalt asked the members of the E�lanning Commission not to
take the action as not agreeing with their decision, he added he would
rather call it not concurring with their decision.
REZONING REQUEST. ZOA #73-03, BY SAMUEL TEMPLIN:
The City Engineer said this item was pending before the Planning Commission.
VACATION F�EQUEST SAV �73-�2. BY SAMUEL TEMPL{N:
The City Engineer said the item was pending before the Planning Commission.
PUBLIC HEARING: REZONING REQU�ST�, ZOA #73-04 BY NORTH AIR HOhf ASSQCIATION;
To �ezone from R-3 (general multiple family dwellings) to C-2 (general
business areas) Lot 1, Block 1, Harstad Addltion, and the Sautherly 150
feet of Lot 18, Brookview Additton, subject to road easement over South.
50 feet, to bring it up to right code classification, (Knight5 of Columbus);
The Gity EngFneer said thiS itcm had been continued by the Planning Commi-
ssio� and it was also bein� studi�d by the guildi�g Standards-design Control
Subcommittee. The Cify Engineer said the building was butlt with a special
use permit and now, under the Qrdinance� �t is a non-conforming use, F{e
said he would like to have some discussion �:ith the City Attorney as to
wheth�r or no� they can expand the facility under the pres�nt zoning.
He said the Planning Commission is sti11 considsring the item. The City
Engineer said if the Councll wished to wait fes th� input by the Pla�ntng
Commissian they should take no action on the matter at the present time.
He ment�o�ed if there is.sorr�e type of emergency to solving the matter
presesnted by the Knights of Columbus people, the Council may want to take
action. He sald if the Council �eels rezoning is neces�ary, th�r� will
hav� to b� s� h�a r i ng ,
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REGULAR COUNCIL MEETING 0� MARCH 19, �9?3
PAGE 13
The City Attorney said he had been asked to make a decision on whether
rezoning would be necessary for the expansion of the building. He said
it is a hard decision to make. He added, non-coAforming uses can not be
expanded. he said the members of the community said they would not
want to open the property to alot of other uses by rezoning. The City
Attorney said to allow the expansion under a special use permit on a non
eonforming use would set a precedent and all other non conforming uses
could be expanded without rezoning.
Mayor Liebl said the Planning Commission had not taken any action on the
matter. The City Attorney said he thought the matter should be referred
to the Planning Commission and brought back to the Council with their
recomnendations.
The City Engineer said he could not forsee any problems other than that
of the storm sewer. He said the drainage problem must be taken care of.
He said the people of the neighborbood have not responded favorably to
the construction of a storm sewer. He said some money should be placed
in escrow to solve this problem in the future,
Councilma� Starwalt said the matter should be returned to the Planning
Commission unless setting a date for a Public Hearing would help in the
matter. Councilman Utt'er said there is a water problem i� a low spot
on the site; �
The City �ngineer said the expansion of the facility should be between the
propsrty owner and tFie Clty. He suggested receiving the minutes of the
discussian of the item taking no action at the present time. The members
of the Council were in agreement.
RETURNED BY COUNCIL: SPECIAL USE PERMIT, SP #72-19. BY FRANK GA$RELCIK;
To cqntinue the existing use as a Used Car Lot and conduct an Inside
Repair Garage Shop, to be located on Lots 6 through 10, Block 28, Hyde
__ Park Addition,.and expand-the,kl9e to-�ots l2-and i�,�Qtock�Y;'CTty View
Addition, per City Cpde 45,101, 3B, D and G.
Councllma� Nee said there should be some area of compromise in this matter.
He said the�e had be�n no eff�ct of cleaning up the area and there 1s
no evidence that it is gqing Xo be different. He said the area looks
credible from the highway, but the assault on the neighborhood is incred-
ible, �{e said the entrance t� blocked by litter and weeds and the boule-
�vard i� also a mess. He 5'�id he had no reason to think the condltians
were going to change. He said he would not like to take any action on
issuing a permit, he woutd like to waFt o� tMe matter.
Mayor Li�bl safd the p)anning Commission had stipulated that iots 12,
a�d 13, Bloek 2, not be included'in the request. He sald,the planning
Commissian said th�y would'not 1(ke him to infringe on tha new land.
REGULAR COUNC ! L MEEY f�G �'�` ►�,RCH 19; ;�" 7�
PA6E 14 i
7he City Engineer said the matter had been discussed at the Department
Head meeting that norning and the members of the staff suggested the City
require Mr. Gabrelcik sign an agreement to comply with the stipulations
before the Counci) approves the r�quest for a special use permit.
Councilman Nee said he wou)d agree with' this type of action. The City
Manager suggested the Council table any action until the signed agreement
from Mr. �abrelcik is received.
MOTION by Councilman Nee to table �t�e actior+ on t3�e special use permit
until Mr, G�brelcik signs and submits an agreement to abide by the stipu-
lation set by the Planning Commission. Secanded by Councilman Utter.
Upon a voice vote, all voting aye, Mayor Liebl declared th� motion carried
unanimously.
VACATION REQUEST: SAV #73-03. BY I.AWRENCf. RUGGLI:
ya�ate unused portion of Lots 29 and 30, Hyde Park Addition, the unused
portion all being South af 60th Avenue Slip-off,
Councilman Nee said he appreciated the work done by Mr. Schmedeke and he
supported the decision of the Planr�ing Commission, but he wouid iike to
hear fram Mr. Muggti.
Mr. Muggli said he also con�urred w;th the decision of the Planning Commi-
ssion, but had wanted some stipuiations by the Gouncil to clarify his
posi�ion. He said he was heppy with the decision of the Planning Commi-
ssion. He said ther� is a dead end and the property is useless unless
sam� ather plans come into effect. He said he was concerned with the
land becoming available for sale now or some time 1n the futura, He said
he would like first chance at buying the p roperty tf i� is ever f4r sale,
He Said he would not like the property split up.
Mayor l.iebl �ead the saventh stipulation of the p�anning Commission:
7. Owners of l,ats 27 and 2$, Black 12, Hyde Park Addi�ic�n, be notified
(1� this property Is ey�r avaftable and this be not�d on the City
r�cprds.
Th� City M��!�9�� said he was concerned with�stipulaticm number six,
staxing th� �11ey should be plow�d a�d proparly matnta(n+�d. He added,
it is not �he Cixy's pallcy to maintain unimproved alleys, H� said there
is a dang�.r �h� heayy equipment would encroach on the area. He added,
thi� could b� an add+�sl exp�nse df it is done every win��r. H� stressed,
tha CfCy only plows improv�d alleys.
M�. Mug�li �a1d ha would lik� ta clear up a p�int� �i� said the a11�y in
que�stion repr�sen�� a�pecf�l case, He said this w�� �,n xh� only one way
str+�et In Frfdley, and it f� not �ve� a bl4ck lc�ng, �� said �h(s is the
r�+a�can ho ha� ask�d for the �lley to b� kept ���n, He said when a semi
�ruck �am�� through thar�, it is hard to come 1n �ny other place except
the atle�y, H� �aid he would like �om� consideratlon,
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Councilman N�e said his motion would be to ask for a feasibility study on
the stiputations as some of them may cost the City some money. He said
the expense would not be.extensive� but the plowing and the planting of
trees would cost same money. Councilman Nee suggested the Council not
take any actian at the present time.
Mayor Liebl agreed saying the Council should get some information from the
administration abnut th� expense of tfie sixth stipulation fv� plowing.
The City Englneer said the alley had been plowed during the time this
item had been under consideration.
Mr. Schmedeke said he felt the item deserved special consideration. He
said they were nofi asking fo� grading or the expenditure of a great deal
of money, He� said if the property was not in an area where it could be
seen, he wauld not request approval, but it is right on the express way
and it is unsightly. He added, it is a little tough for a semi to get into
this area so it could be cleaned up end sold as commercial property.
Mr. Muggli salsi the last few times
fihey had driven in aQd ba�ked out.
free to cut across the easy way.
the City trucks came into the area
He said he would like them to feel
MOTION by Counc[lman Nee to deny the vacation request and ask for a
feasibillty repprt on i�ems one through seven as stipulated by the
planning Gommission. Seconded by Councilman Utte�-, U�on a voic� vote,
all voting aye, Mayor l,iebl declared the motton carried u�animously.
LOT S PL IT REQlN:ST : L.S . 3-03 , AMBE R CONSTRUCT I ON COMPANY ;
, The Clty En�ineer said the item was a request to combin� a 5p foo� lot
' with th� lot ta the south of it forming a buildable site, He added, the
Plann�ing �ommisstan reconxnended approval of the lot �p1it.
� MOTlON by Cpuncilmen Utter to concur with the recs�mmendation �f the
Plannin� Cammission and grant the lot split, Seconded by Councilman
Starwalt,: Upon a vaic� vot�, al1 voting aye, Mayor L,(ebl declared the
, motipn carried unanlmously,
LQ„�,SPL IT REQUEST s L S�,�J3-04. BY DENN I S C. CZ�CK;
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The Cfty �n�ineer said th� item was a request to sp11t � 12�A foot by 250
foot lat int� twa tats, He said the Planning CpmmlS�ion had �ecammended
apRrQVaI afi the raquest.
MOTlON by Goun�cllman Sxarwalt ta eoncur with xh� recommenda�ton Qf the
Planning �ommis�sion and grant th� lot split, Secand�d by Councilman
Uxt�r. Upon � voice vote, all votin� aye, Mayor Liebt d�sclared the motion
carrl�d unanimausly.
, ARMO RY RE F� RRAL :
R�celvad wlth na actfon.
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REGULAR COUNC 1 L MEE� ?�G i'� i`iL'�R�:H 19, ;`: ,' �
PAGE � 1'6 � � �
REVIEW OF MINUTES ON ZOA #72-11 AND SP #72°18. UNION OIL COMPANY:
Received with no action.
LETTERS FROM THE METROPOLITAN COUNCIL:
Received with no action.
MOTION by Councilman Utter to receive the minute�� of the Planning Commission
meeting of March 7, t973. Seconded by Councilman Starwalt. Upon a voice vote,
all voting aye, Mayor Liebl delcared the motion carried unanimously.
RECEIVING THE MINUTES OF THE BUILDING STANDARDS DESIGN CONTROL MEETING OF MARCH
8. 1973:
South 50 feet: the same beinq 6831 Hiqhwav �6S N.E., Fridley, Minnesota
55432. For �ur�ose of additional storaqe area. (ReQUest bv North Air
dlev. Minnesota 55432. also known a
f Columbus).
The City Engineer said this was the item discussed within the minutes of
the Planning Commission meeting.
Consideration of a request to construct a buildinq to be,used as a machine
shop, located on Lot 2, Block 4, Commerce Park, Ivinq East of a line
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Th� C i ty ,fng inee,r �sa id he_ y�ou.l c� , recom�nen� , t}�e �Counc i.l :cmncu r v� i th the �
Building Standards Design Control Subcommittee and approve the request with
the seven stipulations by the Committee.
Councilman Breider said he wauld like to see a plan if there was one available.,
The City Engineer showed the members of the Council the plans stating it
would be a stuc�.�a with break off block. He said the building would be next
to the Gazda Movino and �;t�rage Company, on the easterly one half of the
lot and Would front on Osborne Road.
MOTION by Councilman Breider to con�u:- with the Building Standards Design
Control Subcommittee and approve the r�c��ust to const�ruct a building to be
used as a machine shop with the seven stipuiations presented by the Commi-
ttee. Seconded by Councilman Utter. U��n a voice vote� a11 voting aye,
Mayor Liebl declared the motion carried una��m�u�?y,
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' REGULAR COUNCIL MEETING OF MARCH 19, 1973 pAGE 17
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MOTION by Councilman Breider to receive the Minutes of the Building Standards
Design Control Subcommittee meeting of March 8, 1973. Seconded by Councilman
Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion
carried unanimously.
R_ECEIVING THE MINUTES OF THE BOARD OF APPEALS h� ETING OF MARCH 13, 1973:
A REOUEST FOR A VARtANCE OF SECTION 45 OS 4A FRIDLEY CITY CODE TO
DCfl11/`C TuC rnnuT vwnn nr.�..w.... ..�.... ..� _��_ __ _. -_-- -_ _ _
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BLOCK 3, MARIAN HILLS ADDITION THE SAME BEING 5215 LINCOLN STREET N•E ,
FRIDLEY. MINNESOTA. (RE UEST BY MR, DQNALD KISSLINGER_ 5215 LINCOIN
The City Engineer said the variance would only be 2.5 feet for the purpose
of building an addition on the house. He said the Board of Appeals had
recommended approval of the variance.
MOTION by Council.man Starwalt to concur with the recommendation of the
, Board of Appeals and.grant the variance, Seconded by Councilman Nee.
Upon a voice vote� all voting aye, Mdyor Li-ebl declared the rt�otion
carried unanimously.
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MOTION by Councilman Starwalt to receive the minutes of the Board of Appeals
Subcommittee Meeting of March 13, 1973. Seconded by Councilman Breider. Upon
a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously.
RECEIVING THE MlNl1TES_QE THE PA RKS AND RECREATION MEETING OF FEBRUARY 26 1973:
, MOTION by Councilma� Brei�er to receive the minutes of the Parks and Recreation
Meeting of February 26, 1973. Seconded by Councilman Utter. Upon a voice vote,
all voting aye, Mayor liebl declared the motion carried unanimously.
, RECEIVING THE MINUTES OF THE CATV COMMISSION MEETING OF FEBRUARY 5, 1973•
MOTION by Councilman Breider to receive the minutes of the CATV Meeting of
, February 5, 1973. Seconded by Councilman Utter. Upon a voice vote, all voting
aye, Mayor Liebl declared the motion carr(ed unanimously.
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�` MOTION by Councilman Breider to receive the minutes of the CATV Commission Meeting
of Merch 5, 1973, and approve the Bylar�s. Seconded by Councilman Utter. Upon
a voice vote, all voting aye, Mayor Liebl declared•�the motion carried unanimously.
Father Ed Chmie)ewski, Chairman of the CATU Commission, questioned if the Council
had approved the Bylaws of the Commission. Mayor Liebl said it had and there
were no objections to their contents
REGULAR tOUNCIL MEE�fNC C� M,A�CH i9, ���3
PAGE 1$ � '
RECEIVING THE MINUTES OF NORTH PAfjK COMMITTEE MEETING OF MARCH 8, 1973:
MOTION by Councilman Utter to receive the minutes of the North Park Meeting
of March 8, 1973• Seconded by Councilman Breider. Upon a voice vote, all
voting aye, Mayor �.iebl declared the motion carried unanimously.;
CONSIDERATION OF A RE QUEST OF MR. HENRY T. MALCMER FOR REIMBURSEIf NT COSTS
FOR REPLACEMENT OF BUSHES:
Councilman Starwalt said Mr. Melcher had requested this item be put on the
agenda and had been called out of town, he added, he had talked with Mr, hlelcher
and he feels he has a claim against the City. Councilman Starwalt said Mr.
Melcher was under the impression that the City would be plowing the snow into
the center of the street and then pieking it up. He said this had not been done,
The snow blower had thrown the snow into his bushes. He added, the bushes
�aere on the property when he moved into the home. Councilman Starwalt said
='�ne half of the bushes are dead and others are dying. He referred to the
�stimate submitted to Mr. h{elcher by Bachman's saying it �rould cost Mr. Melcher
$612.00 to remove the bushes and have them hauled away and replant with a salt
�esistant planting. Councilman Starwalt said the salt resistant plant material
suggested by Bachma�'s was the Zabel's Honeysuckle. He said Mr. Melcher had
indicated the City should remove and replace the damaged shrubery. Councilman
Starwalt s�id he had not indicated to Mr. Melcher during their discussion,
whether the City would or could do this. He added, he had told Mr. Melcher
he would present this item in his absence, and possibly he could address the
Council at the future meeting during the visitors section.
Mrs. Melcher said th� road is very close and they would Iike the bushes replaced
to cut down on the noise and gasses from the st reet,
The �Ci_t-y M�nager� asked ifi it �rould be possible tp,plant the� bushes farther
back pn the-pr9perty� to el�imin�ate t#�e possibility� of salt damage again? Mrs.
Melcher said.,the s�►gg�sted pjac�t.irtig b� Bachsna�'s�, �ab�e1's Honeysuckle, is
salt ha�dy and 8a�hman's would gu�rantee the plant for;five years+ Councilman
Starwalt said when he had talked to Mr. Melcher, he had asked h�m the same
a�uestlon and was informed that th�re is a chain link f�nce which prohibits the
variation of planting distance From the street.
Tha City Attorn�y suggested the Council not take any action on the matter until
the claim is 5ubmitted ta th� Clty's insurance carrier along with the estimate
from Bachman's and the report from the University ta determine if this item is
insured, H� �aid if the ttem is denied, It should then be brought back to the
CAUncil fA�' a d�terminatipn of the obtigation on the part of the City to
rePmburse Mr, Melcher for all or part of the claim.
Mayo�' Li�b) que�tionee the guarantee from �act���an's that tMe planting would be
guaran�e�d frQm �wo to five years, saying what if they do not last this long?
Th� Clty fnc�ineer said the City wQUld plant the aushe� once, and from that time
pn, th�y would be the re�pQnsibility of the prope�ry cwner. He� sald he would
recommend the Cc�un�il plant the trees stipulatiny th�re would be no reocurring
damaQ� claims.
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MOTION by Councilman Starwatt to submit the claim and additional information
to the insurance carrier and brought back to the Council to proceed if needed.
Seconded by Councilman Nee, Upon a voice vote, all voting aye, Mayor Liebl
declared the motion carried unanimously.
RECEIVING BIDS - GA.SH REGISTERS FQR LIQUOR STORES (BIDS OPENED 11•30 A M
MARCH i6, 1973): •
The City Manager said he had received the bids on March 16, 1973, and the
, National Cash Register Company submitted the only bid. He said the gross
price of $21,675.00 was submitted, with a discount of $2,300.68, leaving
a net price of $19.374.32.
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The City Manager said the five cash registers that the City possesses at
the present time are all from twelve to sixteen years old. Ne said it had
�een the desire to enter into a program to purchase cash registers with a
�ata processing capability with the intention of keeping better selling
5°ecords and better inventory control. The City Manager said he recommended
�pproval of awarding the bid to National Cast Register. �
Mayor Liebl asked the City Purchasing Agent, Gordon Middag, if he agreed with
this recommendation? Mr. Middag said yes, Mayor Liebj asked if the discount
was in the proper amount? Mr. Middag said it was a governmental discount.
The City Manager asked the representatives from National Cash Register that
were present, if there would be any way to speed up the delivery? The Rep-
resentative said it would take from 90 to 120 days. He mentioned there is
another branch of the Company building the equipment in Dayon, Ohio, but
they can not call for the equipment until a firm order is placed,
MOTION by Councilman Breider to receive the bid and award the contract for
the liquor store cash registers to the National Cash Register Company in the
amount of $19,374.32, with delivery in four months or sooner. Seconded by
Councilman Starwalt. Upon a voice vote, all•voting aye, Mayor Liebl declared
the motion carried unanimously.
FIXTURES
RECE IV I IDS - P!d �1„�/�lgN FOR L IQUOR STORE (B I DS OPENED
1 1: 30 A. M. ,_MIARCH 15 , 1973 :
The City Man�ger said this item had been amended in the adoption of the agenda.
It had been worde.d as "bids for outdoor advertising sign" and should be fixtures�'.
, : The City Manager.said there had been two bids submitted, from Harrison House
� and Display Fixtures as listed below;
Company Bid Secur3ty Total Bid Less To�al Less Total
� Price deduct alternaxe
Display Fix- Bid Bond 5% $19,�50.00 $900.00 $2,225,00,
1 ture� Inc, American
1�66 Benson AVe� �mpire Ins.
$t, Paul, MN Company
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Net Price deter-
m i ned on t rad� 6�
deduct items.
REGULAR COUNC I L hqEET I NG OF �4,AR�.�f i 9, 1°'�?:;
Harrison House •
5901 Wayzata Blvd. Gert, check $43,083.00
Mpls. Minn. $2,15�+.15
none $6,315.00
PAGE 20 . '
The City Manager said the low bidder, Display Fixtures, listed the following
deductions and trade ins: $100.00 for Skywood Compressor; $150.00 for Shorewood
Gondo1as; $250.00 for shelf-feeding dispencer'from Skywood; $400.00 for Skywood
Gondolas; $275.00 for bottle return deduction; $850.00 for broken case deduction;
and $1,100.00 for the use of existing gondolas.
The City Mdnager said he was satisfied with the bid submitted by Display Fixtures,
Inc., including their alternates and deductions. He added there had been
quite a variation in the amounts of the two bids. He asked the members of the
Counci) if he could answer any questions.
r*:��,or Liebl asked•the Purchasing Agent if he would recommend awarding the bid
;; Display Fixtures, Inc., and he said he would.
<:�uncilman Breider recalled the awarding of bids to the painting firm recently,
e�skin� if with the great difference tn the amounts of the bids, would the City
face another problem'of withdrawal from the bidding? The City Manage� said he
had no idea why the bid submitted by Harrison House was so fa� out. He suggested
, the reason may be that they are a restauranfi supply house and this type of bid-
ding js new to them. He said the low bidder is experienced and he did not be-
�lieve there would be any problem in awarding the bid to him, �
Councilman Starwalt asked if there would be any used equipmenfi used? The City
Manager said there would be, the bidding had been set up on the basis of the
use of the existing equipment.
Councilman Nee asked if there had been any indication why the others.had not
submitted a bid? The City Manager said this was not a big job, He added, it
is kind of a can of worms. He said the contract was to relocate equipment from
orfe store to another. He said the bid did not inctude the major oufitting
item� such as a eooler. The Ci�ty Manager sa.id the specifications had been
sent o�t ta �11 know fixture; distributors. He said M�. John E. Sergsted was
the c4nsultant on the preparation of the specifications, h� said he was paid
sepa�ately for dr�wing up th� specifications. Councilman Nee asked what Com-
pany Mr. Bergsted was affiliated with. The City Manager said Display Fix-
tures, Inc.
C�un�ilman Nee asked if there was s4me urgency in taking actlon on �he item
that evening? The City Menager said the constructton had not progressed to
the point whe�a it was necessary for the installation of the equipment
immadiately, and the�e would b� no urgency. Cauncilman Nee said he would
lik� to d�lay action and investigate the rea�.r°�^ why the other possible bidders
had Mot submitted a btd.
MOTIQN by Councilman Nee to recePve th� bids and table the awarding of the con-
tr�ct. Second�d by Councilman Breider. Upon a vo�c� vote+ all voting aye,
MayQ� l,iebl declared the motion carried unanimously.
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I� REGULAR COUNCIL MEETING OF MARCH 19, 2973 ° PAGE 21
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DISCUSS ION REGARDING REPORT ON LOCKE LAKE BY C ITY ATTORNEY (REPORT RECE IVED
AT A'EETING OF FEBRUARY 26, 1973): �
Mayor Liebl called on the City Attorney to summarize the memorandum received
by the Council in his absence at the meeting of February 26, 1973. The City
Attorney said he•hoped the memo speaks for itself.
Councilman Nee said he thpught very definitly,
self explanatory. He qusstioned if the report
, Locke �ake Association for their review.
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the report was complete and
could now be submitted to the
Councilman Nee requested notification of the next meeting of the Association
saying he would like to attend, and if ppssible he would like the City Attorney
to also attend.
'fi'he City Attorney said he understood the County Sur�eyor has indicated he could
help to do some of the surveying and reduce the costs. He said the local
engineeris�g office could also help with the surveying. The City Atto rney said
his office and the Gaunty Attorney could handle the legal work. He added, if
this could be worked out without an excessive cost, it would be better for the
p�operty owners. He said he would like to change the ownership so the land
would go to the water's edge and there would be no public land between the
property owners and the lake.
Mr. Frank Nebel, 69b1 Hickory Circle N.E „ Locke Lak� Association, said.there
would be a meeting the comi�g Monday evening, March 26, 1973,
Mr. Mike 0'Bannon,,County Commissioner, said this item had come before the
Board some time ac�o; Me added, it was the recommendation of the Bodrd that
a Gommittee be formed to work with the Locke Lake Association through the City.
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MOTIQN by Councilman Nee to reaff+rm the receipt of the report from, the City
, Attorney r�garding Locke Lake date February 23, 1973. Seconded by �ouncilman
Breider, Upon a voice vote, all voting aye, Mayor Liebl declared the'motion
carried unanimausly.
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, The Gity Engineer said he had_talked with the County Surveyor and it was his
opinion that closing the lake to the center line of old cr�ek bed with a sur-
� vey wou1d be difficult, He Sald a reasonable and practi�al solution had been
� su���:sted and that was Xa extend the Property lines of the property owners
' around the 1al�e� by another fifty to one hun�red feet or an additional dis-
t�nc� if the l,ocke L,�ke dam,i� going to be maintained. He said the remainder
? of the lake bpttom remain private and if the water recedes, the people would
, 5x111 own property to thE waters edge. He added, this p rocess would be easy
to accomplish.
Councilman �reider asked if this procedure is follawed, would the prope�Xy
own+�r have � right tQ d+�v�lop the land under the water? The City Attorney
said it has b�en l� ye�r� sinG� th� construction of tha dam, He said there
j� � restrlction that the water be kept at its present l�vel.
REGULAR COUNC IL MEET tiv�; 4��" ?�ARuH 1�, =9 ��: PAGE 22
Councilman Breider asked what would happen if the dam were to qo out and leave
a creek situation again? The City Attorney said there wo+:ld be a determination
at whether or not to replace the dam. He said there is more of a likelihood
that the water will recede than that of the dam being taken out. He said the
proposed methad by the City Engineer would take care of all the problems except
an unlikely occurance.
The C�ty Attorney said he beiieved the City Engineer and the County Surveyor
should get logetFer and come back to the Council with a�lan. A resident of
the'area said there are now seven lots that do not go to the water's edge. He
added, there are quite a few that go 100 feet into the lake. He mentioned
the problem of the delinquent and currect taxes and questioned the ability
of an individual acquiring the land because of tax forfeit. He stressed the
importance of what is done on the lake and how it wi)1 affeCt the property
owners.
;;ouncilman Nee asked if there was some way to get an expression from the Asso-
�iatJon, hlayor Lfebl said thera woub be after their meeting. Councilman Nee
said he dId not mean at the present meeting, he stressed the
importance of the Association being a part of the total mechanism for a solution.
The Gity Engineer said the least expensive alternative would be to extend the
private property 50 to 100 feet inCo the lake. The second and next expensive
alternative would be to close tfie lake with a survey �o the old creek bed. He
added, the most expensive proposition would be for public ownership.
The City Attorney suggested the members of the Association discuss the alterna-
tives and alsp consider the possibility of the.Associatfarn acquiring the remain-
der of the lake battom. He seid there was also the possibility of some non-
profit organization acquiri,ng the land on behalf of the property owne�s on
the lake. He said this would rule out the possibility of Just anyone who felt
the land had some value picking �t up as a tax delinquent property.
Mayor Liebl said the Locke Lake Association should report back to the Council
when they reach a decision on whethe'r they desire private or public ownership
ofi th� lake bottom. �
RECE IV ING S'�A�US REPQRT ON STONY BROOK CREEK EROS ION CONTRO,� (PROJECT #102-2) :
Th� CPty Englneer said there had been additional requests fQr work which exceed
the amount in the account. He said he woutd like some direction from the Coun-
c(1 as to whether to stop work at the present time pr proceed with the priority
i�ema,
Maypr Liebl said.the aGtion was initiated on an emergency basis, $�2,000.00
waa budgeted to stop the arosion. He asked �.he City Engineer if the work had
stopped th� erosion? The City Engineer said it had. He added, this is not
a permanent solutio�. _
M�yor l.iebl suggested 1e�ving the qu�stion up ta the engineering ingenuity pf
qf th�e Ciky Engineer to do what h� thinks is best. The Ci.ty Engineer said this
money is Coming out of the assessments of the district. He said there was a
n��d fc�r �ome cla�ificatian, M� added, so far there has been a commsndable
job done frar th� am�unt of maney spent.
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IREGULAR COUNCIL MEETING OF MARCH 19, �97�
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Councilman Utter asked if the City
for the project or if he wanted to
Engineer said he would like to know
and cut the project off.
PAGE z3
Engi�neer wanted a greater amount of money
spend the total remaining? The City
if he was to spend the remaining money
MOTION by Co�ncii�en Nee to authorize the expenditure to complete work on
Dunphy's and Skiba's property. and after this, cor�sider a permanent solution to
the Stonybrook Creek erosion problems. Seconded by Councilman Utter. Upon a
voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously.
RECE IV �jdG THE RECOMMENDAT IONS ON CAP IT�JL STREET SEWER PROBLEMS :
The City Engineer said as stated in his report, Councilman Nee, Councilman
Utter, and he had attended the neighborhood meeting with the people living on
Capitol regarding the sanitary sewer problems. He added, from his anal�ysis
�f the problems� three property owners are experiencirg problems with the
��nita ry sewer. He referred to the television report that had been done of
�i�e area saying there had been breaks in the line indicated. The City Engineer
said the plan at the present time would be to repai:r the line and wait one year
to determine if there had been an improvement. Ne said i�f the repair work
in the line does not solve the problems, small ejection pumps will be installed
in those homes experiencing more difficulty. He said after this time, the
prope�ty owners would be notified of a Public Hearing on the matter of street
improvements.
Mayor Liebl asked if the City Engineer was indicdting that the street improve-
ment project be deleted at this time, the necessary repairs made in the line
and the item brought back in a certain amourit of time for reconsideration?
The City Engineer said yes.
Mr. Oliver R. Olson, 5237 Capitol Street N.E. agreed that if the line is
repaired and a sa.tisfactory time period is allowed for the testing of the
repairs with ejectjon pumps installed if there are further problems� this
was fine with the three people who had been experiencing problems.
Mr. Olson questioned whether the installation of the pumps in the three homes
would cause problems for ctthers in the area? The City Engineer said the small
pump is unlike a lift station as it is a small and is not forceful such as a
tift station.
Councilman Nee said he was very pleased with the steff preparations for the
me�ting. H� said he believed the period of one year seems to be a reasonable
amaunt of time totest the repair work.
MOTION by Cauncilman Nee to receive the report and to delete Capitol Street
from the Street Imp�avement Project at the p rosent time. Seconded by Cou�eil-
man Utter, Upon a.votce vot�, all voting aye, Mayor Lieb.l dec�ared the mo-
tion carried unanimously.
CONSIDERATION OF LANDSCAPIN� PLAN FOR HOLIDAY VILLAGE NORTH:
Ths Gity Engi�eer said Molid�y Village had asked that this item be tabled.
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REGULAR COI;NC IL MEETiNV Ow' �WRCH 19, .f yJ ?
PAGE 24 ,
h10TI0N by Councilman Utter to table the landscaping plan. Seconded by Council-
man Breider. Upon a voice vot�e, all voting aye, Mayor Liebl declared the
motion carried unanimously.
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RECE tV ING REPORT ON STATUS OF THE SAC LAWSU IT:
MOTION by Councilman Breider to receive the status report. Seconded by Coun- �
cilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the
motiorn.carrfed un.animously. �
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REC�IVING REPORT ON WEED PROGRAM FOR 1973:
MOTION by Councilman Breider.to receive the report and c4ncur with the recommenda- '
tions of the administration. Seconded by Councilman Starwalt. Upon a voice
vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously.
�,IECE IV IKG REPaRT ON ACT {ONS TAKEN AFTER THE STUDY SESS ION ON EAST RiVER ROAD
�ALONG WITH REPORT OS SOI�f RREVIOUS ACTIONS TAKEN BY THE CITY COUNCIL:
MOTION by Councilman Nee to receive the report on acti.on taken after the study
session on East River Road. Seconded by Councilman Utter. Upon a voice vote,
alt voting aye, Mayor Liebl declared the motion carried unanimously.
RESOLUTION #37-1,�73 - APPROVING ADVEgTISEMENTS FOR BIDS - EOC AND POLICE
DEPARThENT REMODELING:
MOTION by Councilman Breider to adopt Resolution #3t-1973 approving advertise-
ment for bids - EOC and Police Department Remodeling. Seconded by Councilman
Starwait. Upon a voice vote, all voting aye, Mayor Liebl declared the motion
carried unanimousty.
: SANITARY SEW� R IMRRO_V_EMENT PROJECT #113:
MOTION by Councilman Utter to adopt resolution #3$-1973 ordering preliminary
plans, specifications, and estimates of the costs thereof: sanitary sewer
improvement project #113. Ssconded by Councilman Starwalt. Upon a voice vote,
a1) voting ay�, Mayor Liebl declared the motion carried unanimously.
� RECEIVING A REPORT ON A PROPOSAL FOR THE METRO RATE AUTHORITY: �
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� hqTION bX Councilman Breider tea receive the report. Secondsd by Councilman
� Utt�r. Upon a voice vate, ali voting aye, Mayor Liebl declared the motion
� carried unanimauslyk
Mayo� Liebl asked if a week would allow the C�unci) enough tinM to study the
report. Mayor Liebl said the Chairman of the Steering Committee $ruce
Newrocki, Mayor, City of Columbia Heights, suggested the proposal of uniform
electric franchise as .deservtr� of consideration,
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' REGULAR COUNCIL MEETING OF MARCH 19, 1973 PAGE 25
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The City Finance' Dire.ctor said the Committee was working under a tight time
schedule. He added the Committee would need any suggasted changes. submitted
to them before April 15, 1973. or by the latest April 30. 1973. Me added,
there will have to be some hearings held. The Finance Director said this
had been introduced every year and nothing has happened on it. He added, the
time is here wher. they will need some kind of agency. •
The Finance Director said the first step would be to award a franchise and
after the franchise is awarded, a resolution must be passed entering into
the agreement with the other communities. He said the proceedings should
start to award the franchise to Northern States Power Company. He added,
the consultants, Mr. George F. Hess, and the law firm of Howard, LeFevere,
Hamilton, and Pearson of Minneapolis would like the Council to start proceed-
ing before April 15, 1973. '
n+'�e City Attorney said if it were brought back te..the Council on the 2nd or
'��h of APril, this would give the Councilmen enough time to review it. Mayor
:,'sPb) agreed. Mayor Liebl sald there had been both managers a�d also elected
��ficials on the negotiating committee. He said it �hould be reviewed
considering the best interest of the citizens of Fridley.
Mayor Liebl said he would like ta see a,state wide authority. Councilman
Breide� said this. could and may not have a large demand. He added, sometimes
, problems are worked out most effeciently with the local government.
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Mayor Liebl asked the City Atto�ney for his help in studying the report, and
asking hi.m tp bring his vi�ws back to th� Council.
APPOINTMENTS TO THE ENVIRONMENTAL UALITY COMMISSION:
Mayor Liebl said he had asked the members of the Council to submit one name as
a nomin�tion to the Environmental Quality Commission. He added, he had also,
selected some perso�s to serve on the Committae. }{e read the suggested
appointments as follows:
Robert L. Buck):ey, Chai rman, 5�+ �ocke Lake �toad - 3 years.
Ronald F. Burton, 741 Pandora Orlve, - l.year, Utter
Shirley K�nned�r. 6875 7th Street, - 2 years,
Thomas Sullivan, 1350 Gardena, - 1 year, Starwa�t
Roger Kay, �8S Rice Greek Terrace, - 3 years, Breider
Jim �angenfelt, 7g 632 Way N.E., 2 years
Mrs. Charles Martin, 1.33 Stonybrook Way N.E. - 3 years, Nee
The City Menager said the agreement stated that the terms .appoi�tment would
expire the first of the year. He ask�d if this should not be changed to the
first o� April. .Mayor Lieb) agreed, the terms wou)d run to the first of April
of each yea r.
MOTIQN by Councilman Nee to approva the suggested nominations as members of the
, Enviranmental Quality Commission. Se�onded by Councitman Breider. Upon a vo(ce
vote, all voting aye, Mayqr Liebl declared the motion carrled unanimously.
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REGULAR COUNCI� M��TING OF MARC� 19, 197�
PAGE 26 � I
Mayor L(ebl �a(d the members shauld be furnished with a copy of the ordinances.
H� added, the Commission shauld be provided a secretary to recard their meetings
when needed. '
,�P�Q I,�ThI��L: C I TY F MPLQYE� ;
A�, , �'0,��„�t ALARY
Fredrfck PrQm Juniar $764
75� Millcrssx AGCt. per
Mana�, Bemid,j 1, month
Minn. S66Q1
E FFECT I VE DA'TE
March 21, 1973
EP(� LACES
new
MIaTiQN bY Councilman �refder to appraye the new eity employee, Seconded by
Cauncilman Starwalt. Upoh a voice vote, al) voting aye, Mayor Liebl declared
tho moti�zn carried unanimously. �
�, LA I M�.:
. G�NERAL 31��� - �1441
I.IQuOR 7�88 - 7�37
MQTIQN by Cc�u�,cP lman Utter to approv� the claims. S�conded by� Counci Iman
Stat'walx, Upon a vcaPc� vote, al1 voting aye� Mayor Liebl deelared the motion
carried unanimsausiy. ,
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C,�E��RAL ,�,QNTRAC�OR APPROVED BY
De$igners � Remodelers IncR
1501 West 8Qth Str�et •
Blooming�on, Minnesota By: Bobby Wyatt C. Belisle
MOTION �y �QUncllman Utter to apprrave the lic�ns� raquest. Seconded by
Cauncilman SXarw�tt. 0�►on a voice vate, a11 voting ay�� Mayor Liebl declared
th� mc�tlon carrP�d unanimously.
S Ea ;
CQm�tock � Uavis, In�
Con�ul�tng �ngine�r°s
14�+b Counky Rcaad ��,���
Mlnnaapolis, Minnesota T�5432
FoC furni�hin� of resident inspection and resident
supe�°vi�lon fpr the �t�king out of the constructlon
ws►rk Pors
Wa�er Imp�'�Y����t Pr4je�t #ill Modificatipn of
Wa11� �� 9, � 11 fram �ebruary 23, 1�73
ESTIMATE #1 p PARTIAI.
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, ' REGULAR COUNCIL ME�TING OF MARCH 19, 1973 PAGE 27
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Sanitary Sewer� Storm Sewer � Water Improvement
Project No. 1Q2 from �anuary 29 through February 23, 1973
ESTIMAT� #14 - PARTIAL
Weaver, Talle � Herrick
�16 ��st Main Stre�t
Anoka, Minnesota SS303
�or services rendered - dated March 15, 1973
S 623.37
$ 1,749.00
MQTION by Councilman Nee to approve tha estimates. Seconded by Councilman Breider.
Upon a vofce vote, all voting aye, Mayor Liebl declared the motion carried
uqan i►r�us ly. -
`"!��M 61ST T0, SY�VAN ,4iAI�E N.E. :
°��� City Engineer said the action ko be taken on the item wouid be to receive
s::he petitipn and authorize the specifications to be drawn.
MQTIAN by GQUncilman Breider to concur with the recammendation of the City
�ngin��r. Secanded by Councitman Nee. Upon a voice vote, all voting aye,
Mayor Liebl d�clar�d the motian carried unanimously�
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�QQ„�,,,,R,APIDS�„�ITY MAI�AGER: LEGISLATIVE IIAISON:
�oun�ilm�n Starwal� �sk�d why Coon Raplds had decided not to �nt�r into the
a�reement with th� l.egislativ� Liaison. The Gity Manager si�d the Council had
roted threes to �wo tc�,jQin the other area cammunities in executing an agree-
ment, h� adc4�d� it requires a four fifths vate to transfe� fu�ds. He said
nca�v thare ar� three �Pties involved in the agreement with David Kenn�dy,
hc� wanxed the� Council ts� decide whether or no� they wanted to stay in the
agree�m�nt or what. He said h� thoughtthey may want to recons#�der stnce the
turn Qf �Y�l1t8,
Mayc��° l.i�bl asked if th� bill for the services wauld nor� be split three w�ys?
Thca Cfty Manager said y��.
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Ma�yor I�i�bl �aid h� bal(eved that Couneilman Breider and Couacllman Starwalt
had be��n planntng t� att�nd th� next meeting with David Kanne+dy.
CQUnctlman St�rwalt sald he had though� it was Coon R�plds�that had promoted
� th� plane H+� ask�d again wh,y th�y had rscansidered? May4r Li�bl said there
�re� twa new yaur�g men on thelr Council who felt they had �lected two l�gis-
latvrs �and scnators ta reprasent them. The City Mana9er said ha had brought
thla b�#or+� tha C�unGil beGause he felt the Council should re�ansidar th�
�gre�mon�k. Maypr l.lebl sald h� thought the members of the Council should
m+sat wtth Mr. K�nne�dy to determine i� he can be of further help. Mayar
1.1eb1 ��id h+� baliav�d Mr, Kennedy had b�en rcasonable in ths bill that had
b+��n �'��sQn�b1Q In tho blll th�t had b�en drawn up. He addcd, he had also
h+�jpe+d wi�h tha Nous� Fil�e #295 and had the respect af both s(des o� the
hQUS�, Thq Clxy Mat�age� �a�id h� believed the City should stil) retaln the
��rYic�s of Mr, K�nnedY= � .
REGULAR COUNCIL ME�TING �F i�ARCH l�, 1�73 PAGE 28 . ,
MOTIQN by CounGilman Starwalt to recQive the letters from J. K. Cottingham,
Ci�y Menager, Coon Rapids, dated March 15, 1973, regarding Coot� Rapids
de�isfqn to not execute agreement for Legislative �iaison, and communication
fram�Davld K�nnedy� �egislative Liaison, dated March 6, ig73, Seconded by
Gauncilma� Sr�%der. Upon a voice vote, all voting aye, Mayor �iebl d�clared
the motlqn �arried unanimously.
RECEIVING COMMUNIGATION FROM G. MARC WHITEHEAD TQ CITY ATTORNEY• CHIES BROTHERS:
Th� City At�orney �aid h� had requested this item on the agenda because he
was not cer�ain if he was authorized to accept the $2,50p. He said he had been
instructed to go back and try to get the $2,500 that Mr, Chies had originally
off�red rather than take the offer of $1,5p0 which was the last offer. He
said this had been done and all that had to be done now was to go ahead and
get th�; che�k f�r $2,500,
?'IOTIQN by Cpuncflm�n Starwait tq accept the offer from G. Marc Whitehead on
��half of Chie� Broth�rs dated March 13, 1973, in the amour�t of $2,5Q0.
;��cpndad by Councilma� Nee, Upon a voice vote, all voting �ye, Maypr �iebl
deGl�red th� m�ti�n earried unanimously,
E
MOTIQN by Cc�uneilman Starwalt to receive the letter from the Fridley Police
Penslan AssQCiaxion dated March 9, 1973 signed by Fredrick C. gebensee, �ice
PresidanC, Waldemar M, Qlsen, S�cretary, and ,lohn F. Anderson. T�easurer,
re�s�inding the letter of Merch �, 1973, Seco�ded by Councilman Nee.
M�ycar l.i�bl �aid h� did not believe there should be any action taken regardi�g
th� maXter at th� present time, he belisved there should be a meeting of the
mind� b�fore this �ould be done,
Counrllman �t�eider �aid he tl,4u�ht the Counci1 had been sayin9 this f4r a lang
tim�, Councilman 9r�ider said that he would like tc� qu�stion �h� City Attorney,
' H� �ontinu�d� th� Cauncll had been ne�otiating for one and one half years now,
= and have� gotken nawhere, are there any �egal aspects that could be used ta
�attle th� m�tter?
Th� �ity At�orn�y �aid hs would da some investigation and make� � r�part to th�
' Goun�it. H� sai�1 h� would be happy to mak� such a r�pQrt and come up with
�om+� �u�ge�tic�ns, HQ added, he �outd suggest as pe� the flty's legal a�ree-
ment, that h� �nd �1r. Wyman Smith work cooperatively on th� project.
Mc►y�r �.ieb� r��d �loud the letter submitted �y �he Association, Me said th�
A��s��i�tP�n had m�:t with th�ir lec�islative repres�nzativ� ih� RfBV1OU5 day and
�h�y w�r� tpld th�r� may be some �egi�tatiAn that waqld mak� th� funding mor�
G9m�aXibte �c� th� �ity. H� said this may give the Ci�y th� opportunity ta
���cu�e a mc,re finan�ially feas�ibls plan,
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REGULAR COUNCIL hiEETING OF MARCH 19, 1973
�
PAGE 29
Councilman Breider said he had a responsibility to the peop)e he was repre-
sen�ing. He asked if there had been a requirement of the City's funding the
plan set aK 21%? Thc� Finence Director said it had.
Councilman g�eider said the Pension Association has the right to assess the
R�pp��, �� �dded, �his can not help the people. He referred to the portion of
the letter stating the Association would not agree to any plan until after the
current se�sion of the legislature adjourrs. He said he aould not meet his
obligation� to the� p�ople. He said he thought the Council should investigate
other altefnatives and perhaps the legal ones are the only ones left. He
added, he had be�n working to save the people he was representing some taxes,
he believed the Gouncil should take sQme� positive action. He recalled they
had agreed last year to stop the'percentage growth and if this is the way
the Association fe�ls, he thought the Councilshould start looking�out for the
people of Fridley,
'nuncilman Breider suggested that the cooperative efforts of the City's two
e�gal firma be used to investigate legal possibilities in the Fridley
��olice Pension Fund d�ilemma.
Mayor Liebl said he believed Jo� Connors was also representing the tax payers
of Fridley. He said considering the matter overall, he thought Mr. Connors
should also be given the apportunity to solve the problem, He added, some-
thing liks this is not scalved over night. Mayor Liebl said the Guide Lines
Act af 1�69 may be reconsidered. Mayor Liebl said he would like to see a
pay as you go plan for the City. He said if the representative is positive,
h� can �et it, why not let him try and work something out? He stressed the
point that he wouid like to let Mr. Connors try and work something out, He
said it wou1d only involve two months of waiting.
Councilman 9reider said nothing could be hurt by the investigation. He said if
Xhers is rtQ nsed to use the alternatives, good, if there is a need, this infor-
matio� will be� �urnish�d,
The City M�nager said he had attended L�ague Legislative brieft�g meeting whe�e
R�presentativ� Dvn Moe stated his projection to come up with xh� adaption of
somethtng like,the H�witt plan. He� said he did not think this was any kind of
a.solution� it}wQUld canly lower the p�yments, He stressed, it would not solve
�anythiny,
Mayor l,tebl remind�d tha Council that there was-a motion on the floo� to re-
��ive xh� letters.
UPQN A VQIC� VOT�, all vo�ing aye, Mayor �.iebl declared the motion carried
un�nimously and xhe letters we�e received.
' Mf1TI0N by Councilman Br+�id�r to autharize ths coapera�ive efforts of Weaver
Talle� and H�rrick and Smith, Juster, Feikema, HaskvPtz and �assarly to re-
s����� le��l aspect� and formulate scxne recommendations fo� po5sib)e solutto�s
� of th� current Fridl�y PQlic� pension Association dilemma and to report baGk
to the Counc�il �fi su�h time they come up with any alterna}ives which may reach
agreement� Se�onded by Councilman Nee.
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REGULAR COUNCIL hIE�TING 0� hW RCH 19� 1973 PAGE 30
Councilman Ne� said he believ�d there should be some legal right sought that the
City may pursue. He said the City had been locked intp a contract that it
had no participation in formulating. He said he would,like to see some of the
.
legal aspects of such an agreement investigated.
Mayor Liebl said when the pension Plan was adopted he was not on the Council.
He referred to the adoption of the Guidelines Act stating wheq it was passed,
a bomb had been dropped on the City.
Councilman Nee said he thaught it was time the Legistature acted constitutionally.
He s�id he did not feel the Act was constitutional, or the Legislature did
not understand what they were doing to the �ities,
Mayor Liebl said maybe the Legislators can change the Guidelines Act and create
a pay as you go alternative. He said he thought the Council should place some
�:onfidence in the representatives, and if they do not come up with a solution,
t;he� the Council could take some action.
UPON A VOIGE VOTE, Nee, Breider, Starwalt, Utter voting aye, Liebl voting nay,
Mdyor Liebl declared the motion carried, four to one.
Councilman Bre(der said the administration has put a great deal of time and
effort inta the subJect and tried their best and still the Council did not
have the results they were looking for. Councilman Breider recalled in recent
negotiations the Mayor had interceeded and the results were admirable.
Gouncilma� Breider Suggested the Council authorize th� Mayor to enter into the
negotiatio�s with the Fridley Police pension Association if it is determined
by the Gity Attarney investigation into the matter that this is legal under
the City Charter� He also suggested that the City Attorney report back to the
Council and this matter be put on the agenda at the next meeting,
Mayor Liebl said he did not believe this action could be taken under the Gharter.
Councilman Breider said this could be researched by the City Attorney and if
'� it wpuld be possible, th� Mayor should sit down and pa rticipate in ths negotia-
� tions. Mayortl,iebl said this may be a good idea,
, The City Attortney said h� did believe the members of the Caun�il were not allowed
to ne�o�iate�� Mayor Liebl stated that he also questioned this ppssibility as
he was an ex officio member of the organization.
Councilman Utter agreed, this may be worth looking into.
Th� City Ma�ager said Mr. Brunsell had been involved in the negotiations, and
h� is alsa an �M officlo member of the organization. Mayor Liebl �greed stating
Mr. Brunsell is on the administrative staff, h� added, he as Mayor, is not.
He said h� wauld tike to get the matter solved.
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REGULAR COUNG I l. MEET ING OF MARCH 19, i 973
PAGE 31
� RECEIVING THE LETTER FROM WYMAN SMITH, DATED MARCH 16, 1973 REGARDIN6 DISTRICT
COURT. LAWSUIT - JOHN H. GLOVER IN(3 VS CITY OF COLUMBIA HEIGHTS AND CITY'
� FRIDL�Y. D,�STRICT COURT FILE 28615 - 4561:
' MOTION b� Councilma'n Breider to receive the communication. from Wyman Smith.
Seconded by Councilman Utter. Upqn a voice vote, ali voting aye, Mayor Liebl
, declared the motion Garried un�,iimously.
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Mr. £ldon Schmedeke addressed the Council stating he believed the Used Auto
Ordinance Was being abused. He said the CounGil had just passed an ordinance
rhe first of the year and he suggested the Councii send out a letter to those
�n violation stating they are doing something wrong. Councilman Utter said
�e had talked with Mr. Schmedeke, the members of the Council and the City
�ttorney last week concerning the matter. He said he had asked the City
Attorney to prepare a report and submit it to the Council.
Councilman Utter said he had checked into one possible violation on Uni.versity
Avenue, stating the car in question had been in �he name of the owner of the
property. He said the auto was the mans private auto and bei�g sold on his
pla�e o�F b�;slness. He said hE did not believ� there was a violation in this
cas�,
Mr, Schmedske said he had not come to the Council to bring action against any-
on� he added, he thought s4mething should be done �o p rotect those who had
obtained a license and were operating legally,
The City Attorney said he had not finished the repo�t at that time. Council-
man Breider said he had also been faced with the matter last we�k. He added,
he also felt th��e was a dilemma. He suggest�d if there are some people who
are s�lling cars in violation, there should be a letter sent to them informing
them of the violatiqn and the conditians of the ordinance. He said he would
first like to get an opinion from the City Attorney,
Mr. Schmedeke said he thought the City should watch some of this action. He
sald h� would riat like ta point a finger, but he could show the Council twelve
who are tn yjolation.
The C�ty Attorney said he was sure th�re are people in violati4n, but the
� ordinance was not intended to prohibit people from setling their own cars. He
said ifi a man is finished wlth his car, and wanted to sell it there would be
n4 way the City could stop him from doing so.
, Mr: Schmed�k�+ said there are a lot Qf dealers who had abided by the law and
�btain�d tha n�cessary license,
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REGULAR CQUNCIL MEETING QF MARCH 19, 1�73
PAG� 32 � � III
Coun�ilman utt�r �z�id th�re had been another complaint, and when it �.�as checked,
the man was selling hi� qwn car. He added a point of information that it is
�lleg�l to drive a car with a for sale sign displayed in it. He said he was
aw�r� of one jndivldual wh4 was selling cars zhat did have a state license,
but nA �ity li�ense,
Mr. Schmedek� said if an individual lives in another town, he had better be
op�r'ating firom khis 1ot. Fle added, he had been asked to speak to the Council
to try tv get �ome �ctivn.
GQUnc�ilman Utt�r sajd he had been checking on the matter, it just takes a
1 itzlc; tim�,
Mr, $chmedek� thanked the Gouncil for their consideration.
Mayqr Li�b� �aid Me belieyed the ordinance should be tested�
COMMUNICAT�QN - SAMPLE LETTER PREPARED BY JOHN MULLIN. BARTON-ASHMAN ASSOCIATES,
��,�, 1�321 UNIVERSITY AVENUE. ST. PAUL. SUGGESTING TO BE SUBMITTED TO RAY
LAPP�GAARD, Cf,�,MMISS IONER OF H IGHWAYS REGARD ING MISS ISS I PPI UNDERPASS :
MpT'ION by Gouncilman Utter tv receiye the communication, approye the sample
letter, a�d autharize its being sent� Seconded by Councilman Breider, Upon
� voiCE v4te, all voting ay�, Mayor Liebl declared the rrqXion �arried unani-
mously.
AQ�,O U N �„T :
M0�'IQN by Gaunci�man Sreider tc� adjaurn the meeting. Seconded by Councitman
N�e�. Upon a vofce yote, all voting aye, Mayor Liebl deelared the Regular
�caun�i 1 Meetinc� qf March 19, 1�73 adjourned at 12:0�+ a.m, .
Re�p��tfu11Y Submitted�
��u.��� ��,���
P�tricta �ltis
S+�er���ry to th�s Gl�y (;QUneil
�
Frank G, l.iebl, Mayor '
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