02/05/1973 - 00016853_
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'SHE MINUTES OF THE REGULAR COUNCIL MEETTNG OF FEBRUAI2Y 5, 1.973
The regular meeting of the Friclley City Council was called or order at �
7.44 p.m., February 5, 1973, by Mayor Liebl.
PLEDGE OF ALLEGIANCE:
Mayor Liebl led the Council and the audience in saying the Pledge of
Allegiance to the Flag.
INVOCATION:
The invocation was offered by the City Manager, Mr. Gerald Davis.
ROLL CALL:
MEMBERS PRESENT Utter, Nee, Breider, Starwalt, Liebl.
MEMBERS ABSENT: None.
APPROVAL OF MINUTES:
REGULAR WUNCIL NiEETSNG OF DECEMBER 18, 1972:
MOTION by Councilman Nee to adopt the minutes as presented. Seconded
by Councilman Utter. Upon a voice vote, all eoting aye, Mayor Liebl
declared the motion carried unanimously. �
REGULAR COUNCIL MEETING OF JANUARY 8, 1973
Mayor Liebl called the Council's attention to page 7, paragraph 5,
and said the word 'he' should be changed to the word 'him'.
MOTION by Councilman Hreide-r to adopt the minute5 as corrected.
Seconded by Councilman Utter. Upon a voice vote, all voting aye
�ayor LYebl declared the motion carried unanimously.
ADOPTION OF AGENDA:
Mayor Liebl listed the following items as additions to the agenda:
Islands of Peace report by Mr. Ed Wilmes, to be changed from item #34
to ltem #5-B.
Resolution Offering Suggestions for Modifications of the Minnesota
Fair Standards Act (H.F. 9)
LICENSE5: VFW #363 - Sunday Liquor
COMMUNICATIONS:
Receiving communication from Chester J. Moeglein, Office of �
Military Affairs, dated January 29, 1973.
Receiving a communication from William B. Hopkins.
Receiving a communication from Mayor McDonald, Robbinsdale, dated
January 29, 1973.
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REGULAR COUNCIL MEETING� FEBRUAR`� 5, 1973
ADOPTION OF AGENDA CONTINUED:
Commun.ication from Thomas G. Valenty, President of Onan
Page 2
Receiving a communication from Henry Melcher, Mississippi, East of
Highway #65.
MOTION by Councilman Utter to adopt the agenda as amended. Secondecl
by Councilman Breider. Upon a voice vote, al1 voting aye, Mayor
Liebl declared the motion carried unanimously_
VISITORS:
MR. DONALD MZTTELSTADT, 6940 HICKORY DRIVE N. E., FRIDLEY
Mr. Mittelstadt said one of the majoY problems in the City of
Fridley, now and during his term in office, are the traffic,
speed and hazardous conditions on the East Rii-�r Road. He
stated there had been two fatalitias within the past month
on that roadway.
Mr. Mittelstadt said last ApYl� he had worked with the memhers
of the police department and that East River Road was patrolled
heavily at that time and should be patrolled heavily now. During
that time up to 180 traffic violations were record�d.
Mr. Mittelstadt said that since he had not completed his planned
program, he asked the newly elected third 44ard Councilman Nee
to take some action and work for a solution to the prablem.
Mayor Liebl said he was aware of the seriousness of the problem,
and asked the Council and the City staff for their help in reaching
a satisfactory solution. He said the traffic laws should be
strlctly enforced. He added, when this was :",one last yeax he had
many complaints from people that they were losing their licenses.
He said, most of the complaints were f:ccim persons in other
communities. The Mayor suggested the Cizy repeat the action o£
last year and attempt to stop the major va.olators on East River
Road.
Mayor I,iebl said the City should talk to the State, County and the
law enforcement agencies involved in an attempt to construct a
bridge across the River. He said the City does not have any 7uris-
diction on who may travel on East River Road, so this would be the
only solution.
Councilman Breider asked the City Engineer, Nasim Qureshi, i£ a
bridge would reduce the traffic £low by one third? The City
Engineer said rt would reduce the traffic by 40 to 500. The City
� Engineer said the Northtown Corridor Study Committee involving seven
communities, three aounties, the Minnesota Highway Department, Transit
Commission and the Metro Council are studying the problem. He said,
only State Legislation can activate a plan such as this in the
Highway Department System. He said this may take fave to ten years
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REGULAR MEETING FEBRUARY 5� 1973
VISITORS CONTINUED:
to complete the facilities.
Page 3
Mayor Liebl said waiting five to ten years would be ridiculous.
He added, rt must be done now. He said with the construction
of the Northtown Shopping Center, traffic had doubled. He
suggested indicating to the legislative representatives that it
is imperative to build this bridge now.
Mr. Mike Paripovich, 8200 East River Road addressed CouncYlman
Nee and asked him if he thought it would be possible to dig
a trench across the East River Road, terminating the traffic at
Coon Creek� Councilman Nee said he thought they should attempt
to significantly reduce the traffic south of the creek. Mr.
Papipovich repeated his question to Councilman Nee, and Counailman
Nee said he was planning to work on the 8ast River Road problem.
Mr. Paripovich asked if it would be possible to reduce the speed
lzmit to 30 miles per hour as the area is residential. He asked
if someone was presently working on th1s� Councilman Breider
said the speed regulations are detaxmined by the State. He recalled
the City had requested a reduction in speed, and asked if there had
been a reply.
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The City Engineer said the City does not have any �uri5dic�ion �
on the roadway. He said East River Road is a County Road and
all the speed limits are set by the Minnesota Highway Department.
xe said, the City had asked far a program of reduced speed limits
there and the limits were lowered on a small portion. He said all
the parties inuolved are concerned, but he aflded, the City may get
some results if a lrttle pressure is placed on the legislators and
the Highway Department. Mr. Paripovich said, then, nothing has
been done.
Councilman Nee said he had only been on the Council £or three weeks,
and in his opinion, there would be no solutzon to the problem if
a freeway were constructed through the area. He said he did not
believe the solution would be unreasonable, and continued by saying
it is a political problem. He suggested putting some muscle together
to be heard in Minneapolis.
PIIBLIC HEARINGS.
There were noc.e.
DISCUSSION AND REVIEW OF PROPOSED SSGN FOR NEW MUNICIPAL LIQUOR STORE AT
63RD AND T. H. #65:
Mayor Liebl called on the City Manager to present the plans to the Counail. �
The City Manager said he had asked Mr. Milt Anderson, Lawrence Sign, Inc.,
for assistance in providing technical advice in the proposed design. He
added, the City would not be obligated to Mr. Anderson in any way, as tha
plans would have to go out for Uids. He plaaed the drawings ot the
proposed plans on the easel.
REGULAR NIEETING FEBRUARY 5, 1973 Page 4
� The City Man.ager said he wanted to pmvYde a plan for a distinc
sign with some class, and he presented the artist's sketch. He said
he believed the proposed sign woulcl fit in with the build.vng. He
explained that the sign would be six feet six inches Uy £ifteen Eeet,
double faced enabling it to be seen from both directions. He added,
the letters would be raised from one to two inches and he believed
it could be seen easily from the highway. He added, the sign would
be lighted and as a convenience factor, the City could install a
telephone in the �rase of it. He also proposed the installation of
lights in the sign that could be directed to shine on the liquor store
building• He said he had some pictures to enable the Council to see
how the sign Would fit into the area. The City Manager stressed the
importance of reaching a decision on the proposed plans as construction
had progressed to the point where the installation should be done soon.
Councilman Utter asked the posita.on or placement of the sign on
the property. The City Manager said it tsould be free standing sign.
Councilman Utter questioned the installation of the telephone and the
abllity of the publ�c to use it. Councilman Breider said they would
not want to cluttex up the area with other items if they pla�ned to h�ve a
distinctive sign such as this.
Mr. Anderson said there would be three £lood lights installed in the
sign that would light the builcling.
� Mayor Liebl asked if the proposed sign would meet the budget allocation,
and what price range was being planned? The CiL-y Manager said $6,000.00
had been appropriated for a sign i£ it were to be purchased outright.
He said, the City could also consider a lease program in which the
maintenance would be taken care of for the City by the sign company.
Mayor Liebl asked Mr. Anderson for his opinion as a sign specialist,
would $6,000.00 be appropriate for this type of sign? Mr. Anderson
said the sign would not be that high, possibly $5,000.00. xe added, the
price did not lnclude the masonary work, only the sign. He added the
phone is not a necessary feature, it is only a convenience. He said the
total sign including the lights on the building would be in the $6,OO�.DO
price range.
Mayor Liebl asked what the life expectancy of the sign would be
under normal usage? Mr. Ander5on said it would be very durable as it
would be constructed of plexiglas, but they could not guarantee against
Hreakage. The City Manager said the sign would be insured against
breakage.
Councilman Starwalt asked if the brick on the sign base would match
the brick on the building? The City Manager said it would match the
brick on the building, not the stone work.
� Mr. Anderson said they planned to use fluorescent lighting as a
maintenanae conveni�nce, as the bulbs could be replaced at any time by
anyone. He added, if neon lighting would be used, only the sign contractor
could replace the lights.
Councilman Utter asked the size of the center pillar. Mc°. Anderson said,
it would .Ue 18 inches thiak. Councilman Utter asked if there would
be brick under the sign. Mr. Anderson said no.
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REGULAR COUNCIL MEETING FEBRUARY 5, 1973 PAGE 5
Mayor Liebl said it is very important to have an attractive sign as
the liquor business has become very competitive sa.nce the new tax
law. Mr, Anderson said they had decided the words 'BOttle Shop' would
be better surted than 'Liquor Store'. Mayor Lieb1 agreed saying,
there are already too many signs that say 'Liquor Store”. The City
Manager said he had chosen blue for the color of the lettering because
there are so many using red anfl there is a red sign next door.
Councilman Nee asked the City Attorney if the_; Were required to say
'Municipal Liqnor Store' on the sign. The City Attorney said no.
The City Manager said some of the City's present signs are worded
'Liquor Store'.
The City Manager saYd the action that is necessary at the present time
would be to approve the concept oP the sign. After this is done,
the City will have to receive bids on the project. Mr. Anderson o£fered
his assistance in preparing the speaifications for the sign.
MOTION by Councilman Utter to approve the proposed sign concept, authorizing
the specifications to be drawn and bids to be received. Seconded by
Councilman Starwalt. IIpon a voice vote, all voting aye, Mayor Liebl
declared the motion carried unanimously.
ORDINANCE #531 - FOR REZONING REQUEST ZOA #72-12 BY SAMES
INC , TO REZONE FROM C-1S TO R-1:
MOTION by Councilman Utter to waive the reading and adopt Ordinance
#531, and order publication. Seaoncled by Councilman Nee. Upon a
roll call vote, Utter, Nee, Breider, Starwalt and Liebl voting aye,
Mayor Liebl declared the motion carried urianimously.
ORDINANCE #532 - VACATION REQUEST SAV #72-06� SY STATE LAND &
COMPANY� PAUL BURKHOLDER.
MOTION by Councilman Nee to waive the reading, and adopt Ordinance #532
and order publication. Seconded by Councilman Breider. Upon a roll
call vote, Liebl, Utter, Nee, Breider and Starwalt voting aye, Mayor
Liebl declared the motion carried unanimously.
CONSIDERATION OF APPROVAL OF REGIST$RE➢ LAND SURVEY P. S. #72-A6 BY
DONOVAN A SCHULTZ, GENERALLY LOCATED AT 15 RICE CREEK WAY (TABLED ].-22-73):
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CONSIDERATION �F PROSLEM OF OWNERSHIP OF LAND UNDER LAKE $Y HOMEOVJNERS
AROUND LAKE:
MOTION by Councilman Nee to receive the letters; from Nasim Qu.reshi,
Crty Engineer, to Locke Lake Home Owners, dated January 26, 1973, irom
Nasim Qureshi, to Anoka County Board of Commissioners, and from Donovan
A Schultz to the City of Fridley Cotancil, dated February 1, 1973.
Seconded by Conncilman Starwalt. Upon a voice vote, all voting aye,
Mayor Liebl declared the motion carried unanimously.
Mayor Liebl called on Mr. Frank Nebel, President of the Locke Lake
�ssociation to present the views of the association.
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REGULAR MEETING OF FEBRUARY 5� 1973 PAGE 6
� Mr. Nelael said the Locke Lake Association had met on February 2, 1973,
at 8.30 p.m., to discuss the propo5als of the City Engineer for
acquiring the land beneath Locke Lake. Mr. Nebel said the m�nbers of the
association present included: Mr. Gene Gruenberg� 6963 Hickary Circle
N. E., Mr. Wayne Peaxson, 6801 Hickory N. E., Mr. Blaiz Berg, 6809
Hickory N. E. He said the As5ociation discu5sed the Council's action
on the registered lancl survey submitted by Mr. Schultz. He said,
they had come to the decision that no partial transfer could be
contested and Mr. Schultz should not be denied his request as submitted.
Referring to the letter sent to the homeowners by the City Engineer,
Mr. Nebe1 said they had c�iscussed point number one and would not like
to participate in such action. Ae added, they have not reached any decision
on points number two and three of that letter.
Mayor Liebl asked if there were any comments. He said it was his opinion
�hat Mr. Schultz should not be denied the registexed land susvey as
requested. He added� the property had been exchanged from one private
party to another. He asked Third Ward Councilman Nee if he had any
questions concerning the Registered Land Survey, stating, he believed
it was in order to approve the survey.
Councilman Nee said from the information he was able to gather,
several of the property owners expressed interest in the City obtaining
the lake bottom. He raised the question of why there are four lots in
� the survey. He said in all other instances it was not done that way.
He continued, what would happen if some time in the future Mr. SChultz
wants to build on the land, can he reduce the level of the lake and use
the property. Mx. Andxew G_ g,ohlan, Attorney, stated the reason
£or the land survey being submitted as it is,is because it was
requested by the Planning Commission that it be done in this n�anner
with the land in two tracts. He explained there would be no problem
in registeYing a title i£ it Were not a torrens certificate. Mr. Kohlan
said Mr_ Sahultz had no thoughts of the lake becoming dry, he in fact
wanted the water there. He added, through no action on the part of
Mr. Schultz, there has been dirt cast on the shore. Through engineering
surveys, it has been determined that there is now land between the lake
and what was originally his land. He said the orginal agreement was,
that these weze lake shore lots and they would mee� the water. Mr.
Kohlan said, in his opinion, there would be no problem of independent
ownership of the lake bottom unless someone tried to obtain the entire
lake bottom. The Crty Engineer agreed, the Planning Commission had
recommended thati Registered Land Survey be done in two tracts.
Councilman Nee said that according to the people he had talked to, the
residents would like the City to accept title £or the lake, he added,
he was not sure how the City felt about accepting title for it.
MOTION by Councilman Nee to tablE any action at the present time or
� until the residents of the area come to a unified decision.
Mr. Kohlan said if the action *aere table3 rt would only create a problem
which would be more emotional than the present problem. He said, as far
as the City acquiring the land, the City u;ould have to obtain titles
from Mr. �'stman and his wife, Mr. and Mrs. Schultz and also some individuals
osi the other side of the lake. He added, he did not know i£ those involved
were willing to deed the land to the City. He added, if they are
not Willing, the City would have to aondemn the land. He said, the water
has been diszppearing, and it has left land between the lake and the
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REGULAR MEETING OF FEBRUARY 5, 1973 pAGE 7
individuals' lots creating a question of who owns land abutting the lake. �
He added, if the Council did not approve the registered land survey at
this time, they would be making this request into an issue that it
is not.
Councilman Utter asked the City Attorney if the Counail could legally
deny the man the registered land survey? The City Attorney said, if the
City were to deny the request, the judge would direct the Council 'to
approve it. Mayor Liebl said the people had spent a great deal of money
to obtain this action, and he did not believe the Council would be
7ustified in denying xt.
The City Attorney said he would question the Locke Lake Association's
desire to have the City acquire the lake bottom property. In his opinion,
it would be a better situation if the indivicluals around the lake own
it, if the land were to Uecome smaller, they would abut the lake, it
would be better if the abutting home owner5 Would take possession of
the 1and.
Councilman Nee asked the Crty Attorney if i�. would be better for
the City to take possession of the lake than have the individuals in �he
area acquzring the property? The City AY.torney said it would be better
for the individuals to have title. Their property should run to the water's
edge, not �ust 'x' number of feet. He said, the present situation where
they do own 'x' number of feet would be fine if the lake increased its �
size, but not if it would become smaller as lots would not meet the
water's edge. He said, he knew of one person who was under the impression
that he had purchased a lake shore lot. He said he ha3 to spend more
money to acquire the land to the water's edge. The City Atto�rney said
the other residents should follow the proaedure that Mr. Schultz has
to obtain property, but through the County if possible to save money.
Mayor Liebl asked the City Attorney i£, in his opinion,they should deny
the registered 1and survey. The City Attorney said if the stipulations
of the Planning Commission had been followed and the land was in two lots
instead of four,he thought it would be in ordex to approve this'item.
Councilman Nee said there were several of the homeowners of the area
present at the meeting, and asked if any of them would like to comment.
There were no comments.
Mayor Liebl called for a second to Councilman Nee's motion to table the
action on the Registered Land Survey. There was no second, and the Mayor
declared the motion DEAD FOR LACK OF A SECOND.
MOTION by Councilman Breider to approve the Registered Land 5urvey,
stipulatinr, two tracts instead o£ four as recommended by the Planning
Cammission. Secanded by Councilman Starwalt.
Councilman Nee said the adoption of this motion would eliminate any idea �
of preempting by municipal ownership. He added, there would be no purpo5e
of obtaining three-fourths of the lake bottom and not all of 1t.
Councilman Breider stated, there are ather individuals who own portions
of the lake bottom and if the City were to $eszre to obtain title to
the land, the City would have to negotiate with several people. He added,
the Council is not giving something to someone that thep do not own
already. If the Crty wished to acquira the land and Mr, Schultz did not
REGIILAR MEETING OF FEBRUARY 5, 1973
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� want to sell the land, could the City condemn it, Councilman Breider
asked the Crty Attorney. The City Attorney said Mr. Schultz already
owns the land. He has a quick claim deed from Mr. Ostman. The
present action only enables him to complete torrens action, and it
does not change the number of owners of the lake bottom. Councilman
Breider asked if the City would have to negotiate with the indivudual
owners to acquire the land. The City Attorney said Mr. 3chultz does
own that portion now. He said the r2gistered land survey would be
�ust a matter of him attempting to register it and have it as torrens
property.
UPON A ROLL CALL VOTE, Utter voting aye, Nee voting nay, Breider voting
aye, Starwalt voting aye, and Liebl voting aye, May,g!q+Liebl declared
the motion carried four to one.
Mayor Liebl said he did believe Councilman Nee had a point as he was
following the wishes of the people of the area. Mayor Liebl said if there
are others who wish �o obtain title to the land, he believed the City
and County should find a way for them to accomplish this for $200 or
thereabouts. He asked the City Attornep if there were any methods to
accomplish this for the people so they would not be xequired to spend
a great deal of money?
The City Attorney said the problem at the present time was due to the
� Registrar of Titles in Anoka County insi5ting on a registered survey.
He stated one alternative would be to obtain the manpower from the
Engineering Department staff at cost. Another alternative, said the
City Attorney, would be to persuade the Anoka CountLLT Surveyor to
prepare the survey without charge or at cost. Perhaps, the County
Commissioners could persuade the Registt�xr of Titles that the Registered
Land Surveys are not necessary. The City Attorney said, the City
has already written letters to the County aska.ng for possible solutions.
Mayor Liebl said when they undertook a pro7ect of fixing up the dam,
they assessed fifty property owners. He said he could not see each of
these property owners spending $1,000.00 per lot. The City should
come up wlth some help for them, he said.
Councilman Breider said some people would have to do some foot work
with their representatives. He added, he would like to table the action
until the people of the area have had their meeting in February. He would
like to know if they favor public or private ownership of the lake
bottom. Councilman Nee said he would like some clarification and
direction on whether the City wished to accept the idea of public
ownership. Mayor Liebl stated he was in no position to decide at this
time, this is a man-made lake that must be maintained at a certain
level, and this is being done with the cooperation of �he City
and the Locke Lake Associaiton. He said, it is a private lake and he
dLd not believe the owners wanted the entire City of Fridley Lnvolved.
' Councilman Breider said he was not familiar with the legal aspects of
maintaining the water level. He asked if it would be possible for the
City Attorney and the City Engineer to attend the meeting with the Locke
Lake Association and in£orm the people o£ the advantages and disadvantages
of public ownership� Councilman Breider asked Mr. Nebel if there had been
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REGULAR MEETING OF F�BRUARY 5, 1973
PAGE 9
a meeting date set. Mr. Nebel said there hacl been no specific clate
set, but he believed rt would be within the next week.
Councilman Nee said he was not aware of the City's responsibility for
maintenance of the lake at the present time, but he did not believe it
included maintaining a certain water level. He said the documents that
he had seen did not give the City the right to flood peoples'
property. xe said he was certain Bob suckley could advise the Council
on the matter.
The City Attorney said on page 4-B of the agenda there was a map and
according to this map there are eight property owners involved in the
ownership of the lake bottom.
The City Manager said it would be imperative that levels of maintenance
be set if the City acquires the land. He said, the Association must
tell the City what they will expect so the City can determine an
estunated maintenance cost. Would this involve extensive dredging, etc.,
he questioned. Mayor Liebl added, if the price of yearly maintenance would
come to $25,000.00, there would be many people xn Fridley that would
object violently.
Councilman Breider asked the City Attorney if it would be possible for
him to meet with the people of the area. The City Attorney said he
would.
Mr. Carl Paulson, 430 57th Place N. E., asked if there is public
access to the lake� Mayor Liebl answered, yes, in one place. Mr.
Paulson asked what the City is planning to do with the silt from the
east going into the lake. Mayor Liebl said he was not prepared to
answer.
Mr. Kohlan addressed the Council. Mayor Liebl asked him if he were
speaking for himself or Mr. 5chultz? He said he was speaking for Mr.
Schultz. He talked of making a plan of the lake, saying it would not
be an easy task as the lake is very irregula� and the level will� and
has, changed. He added, it would be ciifficult to make one plat. Mr.
Kohlan said there would be difficulties in public ownership. He said
the City must think of the creek east o£ the lake. He added, what affects
the lake, affects the creek and what af£ects the areek, affects the lake.
He said this a.s not a simple matter, no one knows which end the tail
is on.
Mayor Liebl suggested Councilman Nee meet with the people in the
area and return to the Council with some indication of what the people
want. He said, if the people want to aaquire the land thr�ugh a combined
action, the City will attempt to find a feasible method o£ doing so.
If they desire public ownership, the City would acquire the land, but
this would have to be discussed again by the Council.
MOTION by Councilman Nee to authorize the City Attorney to researCh
and investigate possible methods of obtaining title for the people on
Locke Lake. Seconded by Councilman Utter.
Councilman Staxwalt asked i£ a method of obtaining title for the property
owners at Locke Lake is determined, shouldn't this have beeri done for
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REGULAR MEETING OF FEBRUARY 5, 1973 PAGE 10
� Mr. Schultz? He added, Mr. Schultz was w.tlling to go the required
route and pay for it. Mayor Lieb1 commended Councilman Starwa,lt for his
aoncern for the taxpayers of Fridley and also for his r_oncern Por Mr.
Schultz. He added, he �;ould like to see the people of the area
obtain any help the City oould give them to cut the cost of the survey.
Councilman Nee asked if tther= could be some clarification on the City's
responsibility for maintaining the lake. Mayor Liebl said he had
studied the matter and as far as he knew, the only responsibility
of the City was to maintain the dam.
UPON A VOICE VOTE, all wting aye Mayor Liebl declaxed the motion
carried unanimously.
Mayor Yiebl called upon Mr. Donovan Schu_`.tz to address the Council. Nir.
Schultz said there were many facets to the current problem and what
had happened to him could happen to anyone. xe said, after the last
meeting of the Council, he used his intuition and li5tened to and recorded
that portion of the meeting dealing with the registered land survey.
Mr. 5chultz aontinued, saying, a.iter the Council tossed arguments
back and forth for about thirty minutes� Councilman Nee said he had been
in touch with about six people, Sob Buckley and Gordon Nelson, anci he
hated to admit it, but Mr. Schultz was supposed to be a pretty hard nut
� to deal with. Ae added, Mr_ Nee had said if there is a desire to dredge
the lake, Mr. Schultz would not allow this. Mr. Schultz addre5sed the
members of the Council and the City Manager individually stating he
did not think they would concur with this as they were aware o£ the
amount of time he nad speni since 1970, how much money and how much
ef£ort, also. He said Councilman Nee had better do his homework. Mx.
Schultz said he would like to step a little out o£ line and stated he
did not like what had been doue. He said, he had called the two
people that Councilman Nee had mentioned and he would like to know the
names of the four other people that Councilman Nee had referred to on
the tape. Ae said he was not able to aY.tend the meeting o£ the Locke
Lake Association. He said it was indicated on the tape that he would be
the one to stpp any dredging of the lake. Tt seemed the reason for this
was that he would be in control of the lake because he owns most of the
inlet. He said the City also had a b�g part of the inlet, which was to
be a City Park, and has not been develope8_ He mentioned the existance
of a few homes in that area at the present time.
Mr. Schultz asked Councilman Nee tahy he did not �ust ask him what
his intentions were for the land? He said if he had confronted him,
he would have been happy to tell Councilman Nee. Mr. Schultz said he
had never seen Councilman Nee before, he had voted for him, as he
thought there should be some varity of inputs on the Council, and yet
he was his Ward Councilman. He said again, he would like to know who
� the others were that Councilman Nee had talked to. He said he may be wrong
and be forced to appologize, but he wanted to know.
Mayor Liebl asked Mr. Schultz if he was addressing the Chairman or
Mx. Nee. He said he was addressing Councilman Nee. Mayor Liebl said
he would ask Mr. Schultz not to harass any of the members of the Council.
He added, perhaps, Councilman Nee was not $amiliar wa.th the actions of
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REGULAR COUNCIL MEETING OF FEBRUARY 5, 1973 PAGE 11
Mr. Schultz in the past and his good intentions. He said he knew that Mr.
Schultz was very concerned about the water level and amount of silt
being deposited in the lake. He said, it had been a matter of the
City not being able to raise the $100,000.00 to prevent this. Mr. Sahultz
said this is why he had done what wa5 done up until the present time.
Mayor Liebl asked Councilman Nee the names of the six people he had
talked to and stated to the Council that he had talked to. Councilman
Nee said he did not believe he had said he had talked to six people.
Mr. Schultz assured him that he had said six. Cauncilman Nee said he would
not name the people as he did not wish to expose them to what he had
7ust experienced. Mr. Schultz again insisted he name the si.x people.
Mayor Liebl asked Mr• Schultz not to take the previous action by
Councilman Nee and the vote against his proposal as a personal Vendeta.
xe said if this is what was thought, he would publicly appologize £or
Councilman Nee, Mr. Schultz said he would have rather heard it from
Councalman �Iee, but he did respect the Mayor.
NEW BUSINESS:
RECEIVING AN ORDER APPOINTING CHARTER COMMISSION MEMSERS FROM CHIEF JUDGE
ROBERT B. GILLESPIE, TENTH JUDTCIAL DISTRSCT•
Maycsr Liebl stated a list of fifteen suggested appointments to the
Charter Commission had heen submitted by the Court and Chief Judge,
Robert G. G�llespie, Tenth Judicial District. The Mayor believed it would
be in order to appoint those listed anc� asked the City Manager to
notify them of their appointments, set up a meeting before the 2Dth o.f
February and get the Charter Commission into action. The Mayor called
upon the City Manager to read the list of appoin�.ees and their term length.
He also asked the City Manager to provide a list of the proposed members
to the press.
The City Manager read the list and the length of terms to the Council
and audience as follows;
For a two (2) year term:
(1)
(2)
(3)
(4]
(5)
(6)
(7)
(8)
Elaine Knof£, 6766 - 7th Street N. E.
Jerry Radcliffe, 7350 Memory Lane
Peg Mc Chesney, 541 - 67th Avenue N. E.
Robert O'Neill, 861 Rzce Creek Terrace
Roy I. Mc Pherson, 5808 Tennison Drive
Paul M. Shaw, 638D Mac3ison Street
Donald Wegler, 6815 East RiVer Road
.Tackie Johnson, 1415 Trollhaugen Drive
For a four (4) year term:
(9) Francis Casey, 740 - 67th Avenue N. E.
(10) Herbert Bacon, 159 Logan Parkway
(11) Edith Collans, 6854 Channel Road
(12) Ole B�erkese�t, 100 N. E. 63�, Way
(13) Harry Crowder, 146 N. E. 63 Way
{14) Raymond Sheridan, 1301 Hillwind Road
(15) 7ack Kirkham, 430 - 67th Avenue
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REGULAR COUNCIL MEETING OF FEBRUARY 5, 1973
k�i ,
PAGE 12
� MOTION by CouncLlman Starwali to receive the order appoinling Charter Commis-
sion Members. Seconded by Councilman Brexder Upon a voice vote, a11 voting
aye, Mayor Lieb1 declared the motLOn carried unanimously
ISLANDS OF PEACE
Mayor Liebl called on Ed Wilmes to present his plans to the Council and audience
Mr. Wilmes placed several drawings of Chase and Durnam Island and the access to
those islands from Charles StreeC and East River Road P1r Wilmes introduced
Mr Dunwiddie, designer of facilLties for the handicapped.
Mr, Wilmes expla�ned some of the background of the Islands of Peace pro�ect tc
date, He said there had been a�hange of plans due to the location of Chase
Island being in a proposed flood plain area. He also mentioned that, in his
opinion, this was the reason for LAWCON funds being denied He said there axe
two lots avaiLable oa the Charles Street access that could Ue ❑tLlized for the
construction of Che shelter buildings instead oI using the island within the
flood plain area. I-Te da�scussed the proposed methods of construction of the
buildings, walkways and blacktopped areas. He said that if access to the
islands were to be a footbxidge rathex Yhan a large bridge built for vehicles,
this would greatly reduce the cost.
Mayor Lieb1 asked if the entire Islands of Peace Committee had concurred tn
the proposed plan He told Nir. Wilmes that he must caork through the Park and
Recreation Department when making requests and changing plans. He also
� suggested Mr Wilmes talk to the Councilman ol the Ward, Councilman Nee. The
Mayor said Councilman Nee had requested Mr. Wilmes to work through ttie Parks
and RecreatLOn Department. He asked Councilman Nee if thLS was correct
CounciLman Nee stated it was correct.
Mr Wilmes stated he did not believe the Park Board had ever had any experience
Zn this type of pro�ect,
Mayor Liebl asked if this pro�ect could be compleled without disturbing the area�
Mr Dunwiddie explained, the lsland is in the flood plain and is sub�ect to
about six feet of water at times He said this leaves two alternatives Con-
structing the building above thLS level or fillLng in the area. Mr. Dunwiddie
said if the buLldings were to be constructed on the two Lots planned, Ylzere is
limited danger of flooding He added, this would preserve the isiands and their
ecology.
Mayor La.eb1 asked if the plan could be carried out from a practical standpoint.
He asked Mr. Dunwiddie if the Committee, the Parks and Recreation Deparhment
and the Parks and Recreation Commission concurred and if he could recommend this
proposal wrthout reservation� Mr. Dunwiddie said yes. Mayor Liebl asked in
what manner did the Committee intend to fund the pro�ect. Mr Wilmes stated
it would be possible to obtain funds from a number oL foundations He asked
the Council if it would be possible to set up a fouadation Eor the pro�ect at
the Frid�ey Srate Bank�
� Mayor Liehl said the pro�ect is planned for CiLy property and had been purchased
for the City by Northera States Power Company, and had Lo be handled by the Crty
The Gity Manager stated that a11 money from official City committees should Ue
handled by the City Treasurer. Mayor Lieb1 asked if it would be possible to
set up such a foundation, The City Attorney raised [he question if the Pord
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REGULAR COUNCIL MEETTNG OI' FEBRUARY 5, 1973
PAGE 13
Foundation or some other foundation wLShed to contribute to the pro�ect,
would they be willing to donate to the City� If they would agree, he said the
money should be handled by the City Finance Director. He said it would be
possible to establ�sh a non-profit foundation independent of the City of Fridley
Councilman greider said a few weeks ago, the Committee asked the Councit to
indicate that tFie City was behiad the pro�ec[. He said at that time [he Council
indicated they were Uehind the pro�ect and would maintain the area. What would
the Ford Foundation say today if th�s were to be changed�
Mr. Wilmes said if the additional two lots were received, they could be independent
of the pro�ect. Councilman Breider asked Lf part of Chase Island was in the pro�ect7
Mr. Wilmes said there is an agreemenl with the foundation concerning the expendi-
tures, Councilman Breider said he had no ob�ection if some foundation or individual
wanted to buy two lots for part property Mayor Lieb1 said the Council had given
their support to the pro�ect.
Mr Wilmes stated this
working to raise funds
individually pay their
He said he had set up
what they are doing
is a$250,000 pro�ect. He said, the Committee had been
for the pro�ect without reimbursement when they had to
expenses. He added, the Committee assumes a11 the expenses
an advisory board. He stressed the need for people who know
Mayor Liebl said he did not believe Mr. Wilmes had the authority to �et up such a
board, the Council has the authorLty, The Mayor said Mr. Wilmes and the Committee
could not �ust do what they pleased with the money, they mast have experts te11
them what to do. He said he questioned whether or not the Council could come to a
decision on this matter at the present meeting. Ae asked the City Attorney for
his ideas He added that he could not see spending the City's tax dollars for
this pro�ect. Mr Wilmes said the pro�ect would be funded by private funds.
Mayor Lieb1 suggested Mr Wilmes work through the Committee and present a plan of
funding Lmplementation enabling the pro�ect to get rolling Mr. Wilmes agreed
this would be a good method. I3e added he could get people to wlunteer their
seraxces He stressed the point that it will be the crtizens of Fridley who use
the parkland, Mayor Lieb1 said there had been a committee set up for the purpose
of implementing plans and obtaining funds He said the land in question is parkland,
it must be used properly and usage must be approved by the parks Department and the
Commission.
Mr. S7ilmes said he had approacl�ed the parks Department and he had been discouraged
He recommended the Council give consideration to the Advisory Board, because the
land is to be used by the handicapped and they must have advice from people who
are familiar wLth the needs of the handicapped.
Councilman Breider said the CouncLl had been told in the past that the money would
soon be rolling in. The Council had agreed to maintain the islands, and there is
stiil no money for the pro�ect He asked what could be done without money^
Mr. Wilmes stated he believed the reason there had ❑ot been any contributions is
that a11 the money was to be sent to the City of Fridley. Councilman Breider said
the books are audited and Mx. Wilmes may come into the office and look at the
books at any time Councilman Breider said, the problem is, the City does not
have any money to spend He added, it was not possible to hire a planner for the
pro�ect. Mr. Wilmes stressed, if the address for the foundation were the FrLdley
State Bank, more funds would be allocated.
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REGULAR COiTNCIL MEETING OF PEBRUARY 5, 1973
PAC� 14
� The Crty Manager said there had been a letter sent requesting contributions
be sent to the Fridley State Bank. The bank, he said, would be acting as a
depository for the City. Mr, Wilmes said a brochure had been sent out by some
members of the committee stating this fact, but he had never seen it- He
mentioned this is the reaso❑ for setting up a new brochure He asked if the
money was going to be sent to the City or the Bank7
Mayor Lieb1 saLd he could see ❑o prbblems in the method being used He added
that a11 the money being sent in would be used exclusively for the Islands of
Peace Pro�ect and nothing e1se. He suggested pIr Wilmes go out and obL-ain
contributions If Mr. Wilmes would raise the money for the pro�ect, the Czty
would cooperate. Mr Wilmes 1lsted several foundations, sCating they would
donate to the pro�ect if a foundation was set up. Gouncilman Utter asked Lf
Mr. Wilmes wanted a name attached to the foundation? The City Attorney said there
was no need to get involved in a discuss'ton of technical matters aL the preseat
time. He suggested Mr. Wilmes refer any persons with a question to the City
Manager er himself
fi�ARING ON POSSTBLE SUSPENSTON AND/OR REVOCATION OF LICENSES FOR CANTERSIIRY
PUB , DEANE GRUYE , OidNEP.
Mayor Lieb1 said in his opinion the Canterbury Pub was a clean and attractive
establishment. He called on Mr. Gruye and his wife to make a statement to the
Council.
� Mr. Gruye said he knew that there had been a problem in the past, but assured
the Council that thLS type of activity would not occur again,
Mayor Lieb1 asked NSr, Gruye how many years he L�ad owned the Pub and if it was
his only source of making a living. Mr. Gruye said he was employed by his
faYher in addition to operating the establishment and he had been in business
there fox one yeax last August Mayor Liebl asked Mr. Gxuye if he had invested
a substantial amount of money in the business. He added, the reason he was
questioning Mr Gruye is that the CouncLl had been informed oF ttie case Prom
an official standpoint and now they would Like ➢1r. Gruye's personaL feelings
Mr Gruye said he had invested a considerabLe amount of money in the establish-
ment and he felt he had been very fussy about many factors in his business
there. He added that he was not aware of the severity or extent that the
activities were being carried on He said he thought he tiad taken the necessary
steps to stop the activity and this included many changes in personnel
Mayor Lieb1 reminded pqr. Gruye that it was a great pr2vLledge and a great
xesponsibxlity to have the licenses He said Mr. Gruye must compLy w�th the
State Statutes and hire people that he can trust to also comply with the 1aw
Mayor Liebl warned Mr. Gruye that he would be very carefulLy scrutinized when
his 1LCenses were up for renewal. He said he hoped Mr Gruye will continue
to carefully operate his establishment in accordance with the 1aw
Councilman Starwalt asked Mr Gruye what was the strongest correction made in
� his operaCion, Mr. Gruye said he believed the removal of the items and Lhe
replacement of personnel were the most effecCive measures taken. Councilman
Starwalt asked how long the new people had been there� Mr Gruye said he had
set very strict rules for his personnel and did not believe there would be a
problem i❑ the future.
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REGULAR COUNCIL MEETING OF PEBAUARY 5, I973
PAGE 15
Councilman Starwalt asked if Mr. Gruye was present when he was not able to be �
there Mr. Gruye said this was true. Mr Gruye added, either he or his wife
are there 80% oL the time.
CounciLman Nee stated he had read that Nir Gruye had been advised by someone
in City Ha11 that his activities were alright. Mr. Gruye said this was true, he
had Ueen told iL it were kept at a sma11 scale there would be no problem Council-
man Nee asked him if it had been hLS understanding that the law would not be
enforced, Mr, Gruye repeated, he thought it was alright if �t were kept on a
sma11 scale CouncLlman Nee asked htm if he had ever operated in another City
Mr Gruye said he had operated in Minneapolis. Councilman Nee asked him if
this type of activity is considered alright there. Mr Gruye said he had not
operated uader this type of 1LCense before
Mayor Liebl said Mr Gruye had complied with the 1aw when he was asked to do so
Councilman Utter asked if he had been advised by a City Official� Mr. Gruye said
he would rather not say. Counc�.lman Breider said this was in his Ward and he was
mystified by this violation. He said he thought everyone had been operating
according to the lasa. IIe suggested delaying any action at this time allowing
Mr. Gruye to operate for a set period of time and revxewing hzs method of
operation at the end of the period.
MOTION by Councilman Breider that the suspension and/or revocation of the license
be tabled for 60 days and at the end of the 60 days the admi,r.istration review his
operation and present a report Co the Council, and if any further violations
occur during this time, license wi11 be denied, Seconded by Councilman Starwalt �
Councilman Breider clarified his meaning of a violation stating if he were to
remain open past 1:00 A.M , or if there were any gambLing violations, this would
constitute a violation, He added, if for some reason there were a disturbance
at his establishment, Mr Gruye would not be criticized if he needed protection
or aid from the Po1ice Department In these cases, Councilman Breider added, we
would expect him to ca11 the Police to stop trouble. Mayor Liebl agreed, stating
this protection is due him under the 1aw.
The City Manager satd that no City employee had said a little gambling was okay
UPON A VOICT' VOTE, a11 voting aye, Mayor Liebl declared the motion carried unanimously.
RECP�IVING THE �IINUTES OF THE PLANNING COMMISSTON MEETING OF SANUARY 17, 1973:
NIOTION by Councilman Nee to receive the minutes of the planning Commission Meeting
of January 17, 1973. Secoaded by Councilman Utter, Upon a voice vote, a11 voting
aye, Mayor Lieb1 declared the motion carried unanimously.
RECEIVING TiIC MINUTES OF THE PLANNING CONIMISSION MEETING OF JANUARY 24, 1973�
Mayor Liebl called on the City Engineer to explain the action of the planning
Commission The City Engineer said that item number one of the meetiag has been
discussed at the end of the Planning Commission Meeting and he would discuss the t
special use permit request by Mr. Gabrelcik in that order.
REGULAR COUNCIL MGETING OP FEBRUARY 5, 1973
� REQUEST FOR A LOT SPLIT L S�k73-01, ROB�RT SCHRO�R
The City Engineer said this item had been taken care of at the meeting
of January 22, 1973.
VACATION REQUEST� SAV��73-01, BRYANT FRANKLIN CORPORATIDN
The City Engineer said this item was sti11 pending before the Planning
Commission.
The City Engineer said this 1ot split had been approved Uy the members
of the cemetary board and the apartment complex.
PAGE 16
MOTION by Councilman Nee to concur with the PLanning Commission and
approve the 1ot spLit. Seconded by Councilmaa Breider Upoa a voice
vote, a11 voting aye, Mayor Lieb1 declared the motion carried unanimously
REPUBLISHED, REQUEST FOR A SPECIAL USE PERMIT, SP ��72-19, BY FRANI�
GABRELCIK
Mayor Lieb1 said about two to three months ago, Mr Gabrelcik was
asked to comply with several items by the City. He added that the Council
� had authorized the Mayor to talk with Mr Gabrelcik Mayor Lieb1 requested
Mr Gabrelcik have someone come before the Council and present his case
The Mayor said he was sure Mr Kohlan, Mr Gabrelcik's attorney would do
this The Mayor explained the item being the used car dealership and
added Mr Gabrelcik had been in business for over twenty years in that
Location. He said Mr. Gabrelcik always had obtained a 1LCense and felt
he had complied with al1 the necessary regulations oF the City Mayor
Liebl said at this tLme he tried to communicate the City's wishes to
Mr. Gabrelcik, stating there must be some cleaning up of the parking
facilities on lus property He added, on some oL the points mentioned,
Mr GabrelcLk felt he could cooperate, and on others he felt he could
not afford to comply. Che Mayor said in order to clarify the position
of the Chairman, this is why he had contacted Mr Gabrelcik IIe added
he had been authorized to do so or he would not have done so.
Mayor Lieb1 addressed Mr. Gabrelcik, asking if tiie City has not tried to
cooperate with him in the past He added that the City had issued him a
License and then withdrew it. He questioned Mr_ GabreLcik, if this was
correct Mayor Lieb1 suggested Mr. Gabrelcilc have his attorney speak for
him. He added, he thought the probLem at present is that the Planning
Commission was not aware of what Mr. Gabrelcik was plannLng to do with
the land. He said Mr. Gabrelcik must also prove how many of tf�e lots he
owned Mayor Lieb1 said the Planning Commission has no ob�ection to the
use of the presently owned Lots for a used car dealership, but when he
� requested using additional 1ots, they want a�urvey, He expressed the
hope that the Council was well aware of the details in the matter, and said
he caas sure they had read the minutes of Lhe Planning Commission meeting
When Mr. GabreLcik had appeared before the Planning Commission it was very
unfortunate that his attorney was not present. Mayor Liebl called on the
City Attorney to explain the 1ega1 aspects of the matter and also the
obLigations of the Council
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THE REGULAR MEETIIVG OF FEBRUARY 5, 1973
PAGE 17
The City Attorney said Mr. Gabrelcik needs a special use permit on that
property that was not included in the grandfather clause on the property
that is now non conforming use. He added, according to the minutes of
the plannrng Commission, they had requested certain information and they
did not receive this info,mation He continued, the Planning Commission �
asked if he was going to submit this information or should they act on
the information they had Mr. Gabrelcik said he was not going to fur-
nish this information and they should act on what they had. Acting on
the available information, the Plann�ny Commission denied the special use
permit. He added, it seemed the Council had two alternatives, one to
advise Mr. Gabrelu k to aga m appear before the Planning Commission,
providing the information they requested ena6iing the Planning Commission
to determine whether a special use permit should be issued. He said the
other alternative would be to advise the attorney to take action on the
violateon of carry rng on a used car operation without a special use permit
Mayor Liebl addressed Mr. Gabrelcik stating the Planning Commi,sion re-
quests. He said they had asked for evidence of purchase of the property,
title to the property, evidence of when he had acquired the property and
a plan on how he would like to use the property. The Mayor continued,
Mr. Gabrelcik had indicated he wanted to use lots 12 and 13 in add�tion
to the lots he had been using, and for the same purpose as he had been
using the others Mayor Liebl called on Mr Gabrelcik's attorney, Mr
Kohlan.
Mr Kohlan said it had been unfortunate that he had gotten a last minute
commitment and was una6le to represent Mr. Ga6relcik at the planning
Commission mee±ing. He said according to the minutes the Commission wanted
some absolute deeds. Mr. Kohlan said as he saw it there were two problems,
one, the special use permit which w�uld enable Mr. Gabrelcik use lots 12 �
and 13 W�thout relying on the grandfather clause, and that portion of
land that was being used for a used car lot when the ordinance went
into effect. The other question is that of getting the area in order or
cleaning rt up. He said, the Planning Commission wanted to know how
much land in square feet would be in use and how many cars would normally
be placed on that land. He added, there had not been much of a turn over
in used cars recently, but Mr. Gabrelu k was attempting to dispose of
them Mr Kohlan said whatever the current action, the used car lot is
still going to be there, and the current action could 6e settled He
recommended, Mr. Gabrelcik return to the planning Commission presenting
the necessary information.
Mayor Liebl asked Mr. Kohlan who had informed Mr. Gabrelcik he needed a
special use permit, was it the City Administration7 Mr. Kohlan said this
was his understE7ndinq. The Mayor said it had also 6een his understanding
Mr. Kohlan said according to the ordinances, if Mr. Gabrelcik wanted to
use any other part of the land not covered by the grandfather clause, he
would have to obtain a special use permit. Mayor Liebl said this had
been his understanding, as this is what the City Engineer had advised the
Council at the time
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THE REGULAR COUNCIL MEETING OF FEBRUARY 5, 1973
PAGE 18
� Mayor Lie61 called on the Ward Councilman Nee to express h�s views Coun-
cilman Nee said he was astonished by the minutes of the Planning Commission
He sa�� he could not help compare this matter to the matter dis wssed with
the management of Viking Cheverlet. He added, the Coonu 1 had quite prop-
erly enforced the Ordinance. Councilman Nee said he was sure the Planning
Commission wanted the same procedure followed here He added, he is not
opposed to a used car lot in that location, and is in favor of sending it
6ack to the Planning Commission and reopening it, 6ut he thoughtthey
should come up with a site plan that they can live with. Councilman Nee
mentioned the existance of �unk cars on the land, stating these are the
type of things the neiyhbors ob�ect to. He repeated the high standards
�laced on the Viking Chevrolet operation and said he thought the City
should at least try to enforce some regulations on Mr, Gabrelcik's properLy
He said the Planning Commission had left the question open and he was able
to return. Councilman Nee said he did not believe there was a need for
prosecution.
Mayor Liebl said Mr. Gabrelcik was in somewhat of a bind He said Lhe
land had been zoned commercial and Mr. Gabrelcik was trying to sell Lhe
land, �ust as many of the other property owners in the area. When Mr<
Gabrelu k had been confronted with the long list of requirements, the
Mayor cont�nued, he said it would cost $10,000 to conform. The Mayor said
the City had given five variances to the Viking Chevrolet operation,
and he said they also planned to be reasonable with Mr. Gabrelcik. the
Mayor said he believed Mr. Gabrelcik was entitled to a license, the City
� only asked he comply with the requirements and provide proof of ownership
and present the Planning Commission with a plan He added, all the Plan-
ning Commission was asking was for Mr. G�brelcil<'s cooperation
The Crty Attorney said he did agree in principle with m�hat the Council and
Planning Commission was doing. He added, he thoughtMr. Gabrelcik should
go back to the Planning Commission He suggested Mr. Ga6relcik present
the Planning Commission with a diagram of the boundries, driveway, and
parking spaces, enabling the planning Commission to determine a maximum
number of cars to be placed in the area. He said, if there had been a
map prepared, it should be submitted to the Planning Commission at their
next meeting.
Mayor Liebl addressed Mr. Gabrelcik saying, the City was �ust trying to
yet him to comply with the law. He added, right now, Mr. Gabrelcik did
not have a license to operate, and the C rty wanted him to have a license.
He stressed the location is on University Avenue where everyone can v ew
it, and they wanted hiin to comply
Councilman Nee asked Mr. Gabrelcik if the statement was true that he did
not want to make an investment in the area? Mr Gzbrelcik said this was
true, as he was planning on selling the land
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THE REGULAR MEETING OF FEBRUARY 5> 1973
PAGE lg
Councilman Nee said the City did not want to support more of the same �
type of use in the area, Counu lman Breider said the City was concerned
with getting some oF the �unk cleaned up. He suggested sending Mr Gabrel-
cik back to the Planning Commission Councilman Nee stated that most of
the cars in the area are not for sale Councilman Utter said the property
on Unniersity Avenue was not too bad, but behind the bu�lding there is a
lot of �unk, includ mg a large stack of tires. Mayor Liebl asked Mr.
Gabrelcik if he had hauled away a few loads of material and Mr. Gabrelcik
said he had.
Mayor Liebl asked Mr. Ga6relcik if he thought investing $10,000 in an area
he was trying to sell was foolish. Mr. Gabrelcik said this was his feel-
ing. Councilman Nee expressed the hope that the area could be cleaned up
to the satisfaction of the neighbors.
MOTION by Councilman Nee to direct Mr. Ga6relcik to resubmit his request
to the Planning Commission, furnishing them with the requested information
and materials and pla u ng the item on the Council agenda again next month.
Seconded by Councilman Breider, Upon a voice vote, all voting aye, Mayor
Liebl declared the motion carn ed unanimously.
DISCUSSION ON MUGGLI REQUEST REFERRED TO PLANNING COMMISSION BY COUNCIL:
The Mayor called on the Cs*v Enqirieer to present the action taken. The
C�ty Engineer said the item had been referred to the Plats and Subdivisions- �
Streets and Utilities Subcommittee by the Planning Commission.
�'ONSIDERATIDN OF FLOOD PLAIN ZONING:
Mayor Lie61 said he recommended adoption of the suggested resolution in
the agenda. Councilman Nee said there had been some problenis raised by
the Pla��ning Commission Cha�rman, Mr, Erickson. He added, the adoption
of the resolution may cause some damage in the �rea and he suggested these
questions be worked out before the adoption of the resolution.
The City Engineer said what the Planning Commission had recommended is
the adopticn of the resolution as suggested. The Legislatures 1969
Statutes require all communit;es who have floods must adopt the plan when
the information is made available to them. He said, it will only be a
matter of time until the City will be forced to adopt the resolution.
The City Engineer said thaY according to Mr. James Wright, Department of
Natural Resources, the City could adopt a resolution enabling those in the
flood plain to obta rn flood insurance in about three weeks without actually
designating areas in the flood plain. He added, this method may not have
full impact of the proposed plan The C rty Eng rn eer suggested making up
such a plan and establish the necessary areas.
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REGULAR COUNCIL MEETING, FEBRUARY 5, 1973 PAGE 20
� Mayor Liebl questioned the meaning of the "motherhood" clause as listed
on page 8-I of the agenda. He asked if the statement was co�rect that this
type of plan would not hurt the remainder of the Community7 He asl<ed if
the Engineer could check into this possibility and report back to the
Council. He also questioned the fact that the StaLe could force the plan
on the City. The Cit+i Engineer said the SEate cou�d force the City to
adopt the resolution, but he did not know when it wouid 6e.
Councilman Nee suggested trying to get the boundries of ihe plan limited
rather than wa rting ior the State to force the entire plan on the City.
The City Attorney defined the motherhood clause as hav mg the intention
of approving the plan He said, if there were an ammendment to the zoning
code, it would not a�fect the Rice Creek area, as the 6uildings in that
area are already above the level required. He said, they would only re-
zone that land which �s sub�ect to flooding.
Mayor Liebl said he did agree with Chairman Erickson in that if the
City cooperates, they will have a better chance of reachiny an agreement.
Councilman Nee said the lower part of the lots along Rice Creek may be
involved in the flooding, but the houses will not be flooded. Council-
man Breider said there are eight lots along Locke Lake under water
Councilma� greider said the houses alony k�ce Creek are not m the flood
plain. Mr. Kohlan stated there are no provisions to separate that parL
� of the lot in the flood plain from the remainder of the lot. He said if
any part of the lot is included in the flood plain, the lot is not entitled
to the zoning protection. Councilman Nee said not too many of the Rice
Creek home owners would be financing through FHA or VA, most of ihe mort-
gayes are conventional. Mayor Liebl quoted a statement from page 8-H of
the agenda saying it would be possible to call the Rice Creek area R-1,
flood fringe over-lay or some other name.
The City Manager said, as long as the questions could not be answered at
the present time, he suggested checking into all possibilities and re-
turning to the Council with the answers
The City Engineer said there had been a meeting scheduled for the coming
Friday, in which some cf the questions could be answered. He said they had
asked if F. H. A. would finance the homes in the Flood Plain area, and Lhey
would not answer in writing. He added they would not make a determination,
they said part of the lots may be financed
Mayor Liebl expressed concern, saying those who will need F. H A. financing
may not be able to obtain it. He said at the Public Nearing Meet rng where
the flood Plain Zoning hed been discussed, the Council and Planning Commis-
sion asked for the answers to several quesL-ions and they had not been
answered, Councilman Breider asked how the Council should act on the zoning
if they were not told what F, H. A's policies were7 The City Engineer
said he did not 6elieve they would finance any property in the area Coun-
� cilman Breider asked how they were to make a determ rnation when F H. A
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REGULAR COUNCIL MEETIN�, FEERUARY 5, 1973
PRGE 21
would not commit themselves. The City Attorney suggested preparing a '
detailed letter including elevations and pictures and sending it to
F. H. A. as this may bring about more results. The City Engineer said
it had taken two weeks to schedule the upcoming meeting. He said they
would try to satisfy some of the Council's concerns in the area and
suggest the Rice Creek area be called the Creek protection area He
added, we will try again to get the arswers to the questions the Council
is ask m g. Gouncilman Bre�der asked what the attitude of F. H. A. would
be if a house was associated with flood insurance. Mayor Liebl said this
is the type of question that should be incorporated in the letter pre-
pared by the City Attorney, He asked the City Attorney if he would assist
in this plan The City Attorney answered yes.
MOTION by Councilman Breider to table any action until the next meeting
Seconded by Councilman Utter. Upt�n a voice vote, all voting aye, Mayor
Liebl declared the motion carried unanimously
RECEIVING THE MINUTES GF THE BOARD OF APPEALS MEETING OF JANUARY 30 1973:
A REQUES7 FOR A VARIANCE OF SECTION
REDl10E THE MINIMIJM REOUIRED IOT AREA
IrIL�1��i]n.i YL��1 �I
The City Engineer said the request for a variance by Mr. DeGardner had
been recommended for approval by the Board of Appeals„ He said the lot
is within the proposed flood plain area and the prospective property owner
should be notified as to the level of the flood waters in 1965. He said
he believed the new 6uilding standards to be required by flood plain zoning
should be met m this area to prevent further damage. He said, in this
area it would not be too difFicult to build a 6uilding at a higher level.
Mayor Liebl asked if Mr. DeGardcer was present and if he had any comments.
Mr. DeGardner addressed the Council saying the water level of the 1g65
flood �ust came up to this lot. He added, in the event there should be
a more severe flood, it may fill d7e basement with wat�r, but the living
area is five feet above the grade and should not be affected at any time.
He said the road in this area had been raised three feet since the 1965
flooc;.
1
Mr. DeGardner said he had constructed ten to twelve homesin this area and
had never sought F. H. A financing as F. H. A, had turned the entire
area down He said they had been applying for MGIC financing He added,
it was his opinion the MGIC financing would take over all F. H. A. financing
within the next five years as they were not so restri�:tive. He said, they
only require 5% down. He questioned whether this financing would be affected
if the flood plain zon�nng were to be adopted. �
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REGULAR COUNCIL MEETING, FEBRUARY 5, 19!'3
PAGE 22
Mayor Liebl asked what price range this home would be. Mr. DeGardner said
it would be approximately $28,000.
Mayor Liebl asked Councilman Nee if he had any comments as this was within
his Ward. Councilman Nee said in the future he would like this type of
proposal to be accompanied by a site plan and waiver He said he believed
it very unfortunate that the house on the south side oi this has an im-
proper profile
MOTION by Councilman Nee to approve the variance with all future proposals
submitted to the Council for approval accomoanied 6y a site plan of the
structure,
The City Engineer said this information is always present if the Council-
men wish to see it. Councilman Nee said the building mentioned takes up
80% of the lot The City Engineer said as ihese are all small lots rn
this area, they will all look a little crowded
SECON�ED by Councilman Utter. Upon a voice vote, all voting aye, Mayor
Liebl declared the motion carried unanimously
Mayor Liebl asked the City Attorney if it had been the practice of the City
to obtain a letter waiving the City's responsibility as it pertains to
flooding� The City Attorney said he did not recall such a practice The
City Attorney said a better protection would be Lo not allow an individual
to build at too low an elevation. The City Attorney asked the City Engineer
if there were any stipulations to this effect in the zoning Ordinance. He
said they did at one time request such a letter when a permit to build a
garage was issued, but he added, all buildings in the area should be built
in accordance tivith the flood plain zoniiig regulations.
MOTION by Councilman Nee to restrict building in proposed flood plain
areas to those conditions set by the new standards. Seconded by Councilman
Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the
motion carried unanimously.
A REQUEST FOR A VARIANCE OF SECTION 45 d53. IB, TO REDUCE THE MINIMUM
REQUIRED LOT AREA FOR A LOT IN A PLAT RECORDED BEFDRE DECEMBER 29, 1955
MOTION by Councilman Nee to approve the variance, Seconded 6y Councilman
Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion
carried unanimously
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REGULAR COUNCIL MEETING, FEBRUARY 5, 1973
PAGE 23
MOTION by Councilman Nee to approve the variance. Seconded by Councilman
Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the mo- �
tion carried unanimously.
A REQUEST FOR A VARIANCE OF SECTION �+5 053. IB. TO REpUt;E THE MINIMUM RE-
MOTION by Councilman Nee to approve the variance. Seconded by Councilman
Utter. Upon a vcice vote, all voting aye, Mayor Liebl declared the mo-
tion carried.
MOTION by Councilman Nee to approve the va n ance. Seconded 6y Councilman
Utter. Upon a voice vote, all voting aye, Mayor U ebl declared the motion
carried unanimously.
MOTION by Councilman Breider to receive the minutes of the Board of �
Appeals Meeting of �anuary 30, 1973, Seconded by Councilman Starwalt. Upon
a voice vote, all voting aye, Mayor Liebl declared the motion carried
unaniinously.
RECEIVING THE MINUTES OF THE NORTH PARK CDMMITTEE MEETING DF JRNUARY 31. 1973:
Mayor Liebl said as they had not received the minutes unLil rust 6eiore the
present meeting, they did not have a chance to study them.
Councilman Breider, Moderator of the Meeting, stated the meeting had gone well,
and the Committee had discussed a wide range of topics.
MOTION by Councilman Utter to receive the mrnutes of the North Park Comm rttee
Meetrng of January 31, 1973- Seconded by Councilman Breider Upon a voice
vote, all voting aye, Mayur Lie61 declared the moC�on carried unanimously.
RECESS,
Mayor Liebl called a ten minutes recess at 11 00 p m.
RECONVENE�,
Mayor Liebl declared the meeting reconvenoed at 11:20 p.m
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REGULAR COUNCIL MEETING, FEBRUARY 5, 1973
Jesse F. James Decorating Company
Ken Christiansen Painting, Inc.
Schumann Bros , Inc
PAGE 24
$ 6,400 00
9,787 00
11,213 00
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The City Engineer said that Jesse F James Decorating Compa;�y, 4821 Fourth
Avenue, Minneapolis, had submitted the low bid in the amount of $6,400.00, but
since the Engineering Department had not been able to reach firm, he recommended
receiving the bids only and not awarding the contract
MOTION by Councilman Breider to receive the bids Seconded by Councilman Utter
Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unani-
mously.
RECEIUING BIDS AND AWARDING CONTRACT FOR WATER IMPROVEMENT PROJECT #109 B(BIDS
OPENED 11:30 A,M., FEBRUARY 5, 1973):
Schumann 8ros., Inc.
Abhe & Svo6a6a
Anderson Sandb}ast & Painting
$18,000 00
1�3,230 00
18 900 00
The City Engineer said the low 6id-had been submitted by Schumann Brothers, Inc
Box 8599, St Paul, Minnesota 55110, for the painting of the Elevated Water
Tank, in the amount of $18,000 00
MOTION by Councilman Starwalt to receive the bids and award the contract to
Schumann Brothers, Inc., for $18,D00.00 Seconded by Councilman Utter. Upon a
voice vote, all voting aye, Mayor Liebl declared the motion carried Unanimously
IVING BIDS AND AWARDING CON
:D 11:30 A,M. FEBRUARY 5. 1
Hydro Engineering, Inc,
Keys Well Drilling Company
Layne-Minnesota Company
R IMPROVEMENT PROJECT �111 (BIDS
$22,687 00
26,880 00
27,937 00
The City Engineer said the low bid for modification of Wells No 3, 9, and 11,
was subm�tted by Hydro Engineer,ing, Inc., Box 98, Young America, Minnesota
55377, in the amount of $22,687.OD.
MOTION by Councilman Breider to receive the bids and award the contract for
modification of Wells �3, 9, and 11 to Hydro Enginecring, Inc „ in the amount
of $22,687.00. Upon a voice vote, all voting aye, Mayor Liebl declared the
motion carried unanimously.
SCHEDULING A STU�Y SESSION ON LIQUDR STORE OPERATIONS
The Mayor called on the City Manager to present the proposed date, The City
� Manager suggested the meeting be on February 12, ig73, at 6 30 p.m in the
Community Room of the Fridley City Hall
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REGULAR COUNCIL MEETING, FEBRUARY 5, 1973 PAGE 25
MOTION by Councilman Nee to concurr with the City Manager and set the meeting
for February 12, 1973. Seconded by Councilman Breider. Upon a voice vote, all
voting aye, Mayor Liebl declared the motion carried unanimously.
RECEIVING REPORT ON AUTOMATIC DOORS FOR THE NEW LI UOR STORE:
Mayor Liebl called on the City Manager to explain the proposal, The C rty Mana-
ger said the automatic door had not been included in the budget and the archi-
tect had not mentioned it. He said this proposal must be either approved or
denied at the present time as the construction was advancing to a point where
they would have to be incorporated if they were approved.
Mayor Liebl said they would be consiructing a high quality service if they
approved the automatic doors. The City Manager said the doors were a��onveni-
ence item that would help the overall image of the store. Councilman Utter
asked if the doors would swing or slide. The City Manager said he believed
they would be limited to the swing type. Mayor Liebl said he believed the
sliding door would be a good idea. Councilman Utter said he thought rt may
be more convenient for the customers returning and carrying cases to get through
the slid mg rather than the swinging door. The City Manayer said he would con-
sult the architect to determine whether it would be possi6le to install the
sliding doors. He said, there would be no problem w rth one door, butthere is
another turn upon exit from the building, and the customer would have to walk
around arother door.
Councilman Stara�alt questioned whether the money mentioned would be a part of
the total money set aside for this pro�ect. The City Manager said it would be
in addition to the amount budgeted for manual doors. Councilman Starwalt asked
if the installation of these doors would increase the liquor business� The
City Manager stated he had toured several munic�pal liquor stores and Byerly's
had installed the automatic doors in their modern store, but Edina does not
have electric doors. Councilman Starwalt asked if the customer w�uld be more
pleased to have a 6ottle for a nickel less than have the automatic doors. The
City Manager said he viewed the installation of automatic doors as a convenience
item He added, it would surely make it easier for a lady to handle a case of
bottles
Councilman Starwalt said this liquor store belondged to the people of Fridley,
and he 6el�eved the Council and administration could 6e criticized for spendi�g
such a large amount on automatic doors. He said he did believe the expenditure
for the sign was necessary, but not for the doors.
Councilman Nee asked how much money was made on one bottle and how many bottles
would have to be sold to pay for the doors? The City Manager said if this
would be divided up over the life of the s?ore, it would be a very limited
amount. The City Engineer provided the plans for the building and discussed
them with the Councilmen at the Council table.
MOTION by Councilman Breider to authorrz e the automatic doors as stipulated.
Seconded by Councilman Utter. Councilman Starwalt stressed the quality and
elegance of the door, but said he believed they were too much of an expenditure
UPON A VOICE VOTE, Councilman Utter, Councilman Nee, Councilman Breider, and
Mayor Liebl voting aye, Councilman Starwalt voting nay, Mayor Liebl declared
the motion carried four to one
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REGULAR COUNCIL MEETING, FEBRUARY 5, 1973
DISCUSSION OF LEGAL SERVICE& FOR 1973.
PAGE 26
Councilman Breider said he had 6een on the Council for four years and rn his
opinion something differen` should be done about legal services
MOTION by Councilman Breider to appoint the firm of Weaver, Talle and Herrick,
and the firm of Smith, Juster, Feikma, Haskvitz, and Casserly to be employed by
the Clty Councii for legal sarvices to Lhe City, tnat keaver, Tail� and Herrick
a�tend the Council Meetrngs and do law work For the administrative stafr, ihat
Smith, Juster, Feikema, Haskvitz, and Casserly handle prosecutions, that the
City Manager and/or Council shall assign civil litigation at the District Court
level to either of the firms, with the understanding that the assignments will
be relatively equal between the two firms, that both firms will assist the
Council in reforming the Home Rule Charter so that the attorneys for the City
will become appointive by the Manager and hence removed from the present poli-
tical situation wherein the Council appoints� And thai each of the firms will
file written resignations by the last day of December, 1973, in the event that
the Charter change becomes effective January 1, 1974 Seconded by Councilman
Utter.
�ouncilman Breider said he believed the legal services serve an administrative
function and should be directed by the administration. He added, this would
allow a much better evaluation of the performance of the legal service, He
said it would allow one firm to completely handle the prosecutions and will
attempt to arrive at a� rtuation to yet the Charter changed
Mayor Liebl said he agreed with the first stipulation Ne expressed concern
that the Charter Commission would be allowed to take away the authori ty to
appoint and gives it to the appointed officials, He said, the Mayor and
Councilmen are elected by the people to do a �ob. He said, ii would be possible
for the entire Council to disagree with an appointment if it was the choice
of the City Manager. He said this could cause many problems
Councilman �reider said the decision would not be completely left to the City
Manager. He said if the City Manager does not agree with the Gouncil, the
Gouncil may tell him they no longer need him, He sa�d, the Council does ha��e
the right to disagree, Mayor Liebl asked if the appointments would come under
Che scrutiny of the Council annually, and would they be paid on a retainer
basis, Councilman Breider answered yes.
Mayor Liebl stated that any time you take power away from the elected officials
and give it to appointed officials you are taking away the representation of
the people
Councilman Breider suggested accepting the proposal and testing if it would work.
Councilman Starwalt asked the Qossibility of accepting the first part of the
proposal only as he felt this was valid. He asked if they had Lo approve the
entire proposal. Councilman 8reider said they could approve or disapprove the
Charter change. If the Council does not agree, he added, it can be voted do�an.
He said it would be possible to ask'the people by going to a referendum. The
City Manager asked if the Charter Gommission recommends this action would it
take a unanimous vote nf the Council? He said he believed the change would
become etfective in a period of time unless a petition is filed by the people
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REGULAR COUNCIL MEETING, FEBRUARY 5, 1973
PAGE 27
Councilman Breider said he had included this as part of his proposal so the
City would not run into any opposition to legal counsel while they are lobby-
ing. Councilman Nee said typically, attorneys are selected by the Council or
by the electorate He added, it is basically a political �ob.
The City Manager said as he was from California he was accustomed to the Coun-
cil appointiny the legal services, he added, he had seen rt done both ways.
He said it would take some tiine to work out an agreement of terms. He suggested
setting a date when the agreement could be brought back to the Council for rati-
fication.
Councilman Nee asked if it should be handled in two different motions, one, who
you want to appoint and two, how you want to appoirrt in the future� Mayor Liebl
said the only way it could be handled is to withdraw the second ta the motion,
he reminded the Council that there was a motion on the floor at the present time,
Councilman Utter said he agreed with the first part of the motion, but had
some reservations about the second pa�rt. He added, the Council should have
the power to accept or re�ect. He said the Council is not close enouyh to the
workings of the administration ?o approve recommendations of this type.
MO�ION amended 6y Councilman Breider to add the words "if the Council wishes"
to the sentence "both firms will assist the Council 'if the Counu 1 wishes'
in reforming the Home Rule Charter." Seconded by Councilman Starwalt. Upon
a voice vote, all votiny aye, Mayor Liebl declared the motion to amend the motion
carn ed unanimously.
UPON A UDICE VOTE Councilman Breider, Councilman Starwalt, Mayor Liebl and
Councilman Utter voting aye, Councilman Nee voting nay, the motion by Council-
man Breider to appo rnt Iegal services carried four to one.
Councilman Starwalt suggested changing the length of the tarm to extend to
April and not end at the end of the year.
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Mayor Liebl read the Resolution. The City Manager said the proposed Act would
call for time and one half pay for any work over forty hours per week. He said
the Firemen work sixty hours per week wrthout time and a half at the present
time and this wouid involve a great expenditure on the part of the City.
MOTIDN by Councilman Breider to adopt Resolution {�20-1g73. Seconded by Council-
man Utter Upon a voice vote, all votiny aye, Mayor Liebl declared the motion
carried unanimously.
LEGISLATIVE REPRESENTATIVE, AND AUTHORIZAT
TO SIGN SAID AGREEMENT:
AND
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REGULAR COUNCIL MEETING, FEBRUAftY 5, 1973
PAGE 28
� RESOLUTIQN #19-1973 - APPRQPRIATING UP TO 58,OQ0 FOR PAYMENT �F A LEGISLATIUE
REPRESENTATIVE:
Mayor Liebl suggested allowing $4,000 for the 1973 session and $4,000 for the
1974 session, in order to take care of both years
The City Manager said he believed ehe Council and administration should evalu-
ate the services of Mr. Kennedy after the first year. He also suggested working
closely with the other communities involved to designate work ��hich will be rele-
vant. He stressed the importance of all the communities keeping track of the
representative's work.
Mayor Liebl asked who could attend the session. Councilman Nee suygested the
Mayor be the City's representative. Mayor Liebl asked if one of the members of
the Council would be abte to attend the morn�nq meeting The City Manager said
the meeting had not been set, but they had been having break.fast meetings
Councilman Breider asked if it would be possi6le to provide the Councilmen with
a complete list of the meetings and they could divide them up between them
Councilman Nee suggested the City Attorney be author rz ed to represent the City
at the meetings The City Attorney said he believed rt would be better if an
elected official would 6e the City's representative
The City Manager said these meetin� would not replace d�scussion by ihe Council
� on Chose points that affect the City
Councilman Utter said he could not see spending this lu nd of money on t�is type
of operation. Mayor Liebl said they realized the amount of expenditure was
great, this was the reason for the proposed evaluation after one year. He
added, any item that may affect us should be discussed with Mr. Kennedy pro-
viding an input for our ideas. The Mayor added, the Legislators and Representa-
tives would 6e very grateful for an input and some assistance. He said the
City does have some problems that it needs their support on also. He said they
had stipulated $4,000 for one year and an evaluation after this time before
the expenditure of the second $4,000 to determine if the input is a workable
one. The City Manager said there will be an upward figure of $15,000 of all
the cities until June. He said, the City will be able to I<now more after it
has some experience
Mayor Liebl said he would attend the meetings if it was at all possible. Coun-
cilman Nee and Councilman Starwalt said they would also 6e able to attend the
meetings.
MOTION by Councilman Nee to approve Resolution j�19-1973 Seconded by Council-
man Breider. Upon a voice vote, Councilman Breider, Councilman Starwalt,
Councilman Nee and Mayor Liebl voting aye, Councilman Utter voting nay Mayor
Liebl de�lared the motion carried four to one.
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REGULAR COUNCIL MEETING, FEBRUARY 5, 1973 PAGE 29
Councilman Nee said he did not believe there could be an improvement in the
first session as the program was put into effect too late �n the session.
Councilman Starwalt said he had met Mr. Kennedy and he is confident Mr. Kennedy
will do a good �ob and report back to the Ctity. He added, Mr. Kennedy �s �ery
capa6le and he will try to do us �ustice. Mayor Liebl said after meeting the
gentleman he felt he was very capable and his knowledge and skills could only
help the C�ty
RECEIVING INFORMATION FROM MTC ON EXTENDED SERVICE IN ANOKA COl1NTY:
MOTION by Councilman Breider to receive the information from MTC. Seco�ded by
Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared
the motion carried unanimously.
RECEIVGNG MEMORANDUM FROM BARTON-ASCHMAN ASSOCIATES, INC. REGARDING NORTHTOWN
CORRIDOP, STUDY FDRUM #3:
The City Engineer said the information incorporated in the agenda is concerning
study information and materials relating to a meeting to be February Z7, i973,
and anyone interested in working on the Northtown Corridor Study would 6e wel-
come to aftend
Mayor Lrebl stressed the importance of a bridge across the river as related to
this study and also mentioned it would be a help to all of Fridley Mayor
Lie61 asked the C+ty Manager if he would work on a resolution to express the
need for such a pro�ect. The City Engineer said a pro�ect of this type would
run into millions of dollars, that is why the City was part of a group,
M�yor Liebl said there are two foot bridges w rthin one block of one another
in Edrna. He pointed out, it may be, the one who makes the most noise, gets
the most accomplished
Councilman Breider said the C rty of F n dley puts many tax doilars into the State
Government, and what is done with it� He added, it does not cost them the total
amount to plow the roads.
The City Engin�er said they had continually pushed for the approval of pro�ects,
but there are other areas where the need is more critical. The Cdty Ma�ager
said there is something to be said for doing a little squeaking.
MOTION by Councilman Utter to receive the commu�ications on the Northtown Corri-
dor Study. Seconded by Councilman Starwalt Upon a voice vote, all voting aye,
Mayor Liebl declared the motion carried unanimously
ATIVE
MOTION by Councilman Breider to receive the Communication from Representative
Paul rlcCarron, d�ited January 22, 1973 Seconded by Councilman Nee. Upon a voice
vote, al] vot+ng aye, Mayor Lrebl declared the motion carried unanimous�y.
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REGULAR COUNCIL MEETING, FEBRUARY 5, 1973
CE
PAGE 30
MOTION by Councilma� Breider to receive the fommunication from the St�te of
Minnesota, N. R. 6sterby, D�strict Engineer, dated Sanuary 24, 1973 Seconded
by Councilman Nee Upon a voice vote, all voting aye, Mayor Liebl declared
the motion carried unanimously
RECEIVING THE MINUTES OF THE QUARTERLY MEETING OF THE SUBURBAN RATE AUTHORITY,
JANUARY 17, 197?:
MOTION by Councilman Utter to receive the minutes of the Quarterly Meeting of
the Suburban Rate Author rty. Seconded by Councilman Breider Upon a voice
vote, all voting aye, Mayor L�ebl declared the mot�cn carr�ed unanimously.
The City Engineer said the proposed reso7ution is a step in the right direction
by the Highway Department, but he was still not happy with the plans. He added,
the area is divided into a very narrow strip and the planned planting is very
skimpy. He suggested approving the present proposal, but when they complete
the development from Rice Creek to 7.H. �10, let them know in writing that the
City wants addition planting.
� Councilman Breider said afYer looking at the map, he could only find a few trees
to be planted in the area. The City Engineer said there is so litile area to
plant. He added, the City is looking for aesthetic improvement and also some-
thing to cut down on the noise. The City Engineer po rnted out ihe proposed
plantings on the map furnished by the ry�ghway Department
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MOTION by Councilman Starwalt to adopt Resolution r21-1973• Seconded by Coun-
cilman Utter. Upon a voice voLe, all voting aye, Mayor Liebl declared the mo-
tion carried unanimously.
CONSIDERATION OF A RESOLUTION TO ADVERTISE FOR BIDS - SIDEWALK SNOWPLOW:
Councilman Utter asked when a plow such as this could be used, and why had
they not considered one with a bucket on ie. The City Engineer said the pri-
mary purpose of this plow was plowing s�dewalks. Councilman Utter said when
they had worked on the 6udget they discussed a plow Lhal- could also take care
of the cul-de-sacs in addition io plowing snow. The City Engineer said iheir
primary concern at the present time was the plowing of the City's seven miles
of sidewalks. Mayor Liebl asked if the machine could be used within the width
of the sidewalks7 He also questioned if ie could also 6e used for some sweep-
ing, or was the machine made strictly for plowing7 The City Engineer said it
was primarily a plow. Councilman UtYer said Che City has already purchased
two pieces of equipinent for plowing Yhe sidewalks, they tried the equipment a
few times and decided it could not take care of Che �ob. He added, now there
is a request for another plow.
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REGULAR COUNCIL MEETING, FEBRUARY 5, �973 PAGE 31
The City Engineer said the present equipment would only take care of two to ,
three inches of snow He said they had been purchasing cheap equipment, which
forced them to increase their man hours on the sidewalk plo�.nng. He said they
are required to keep the sidewalks clean for the schools and along Mississippi
Street, ln order to do this �ob, the City must have the right kind of equip-
ment. He mentioned the fact that White Bear Lake had been using this proposed
plow and it was doing the �ob. Councilman Utter asked if the snow on the side-
walks could be plowed by the schools� The City Engineer said no, the City
has agreed to take care of the plowing.
Councilman SL-arwalt asked the possi6ility of the concerned department foreman
making a presentation to the Council on the need and purpose of the proposed
equ�pment. The City Manager said they had already ta]ked with the people who
are to operate the equipment. The City Engineer agreed that this has been
done, He added, they had also visited two communities to determine the type
of equipment needed, Councilman Utter said there had been a problem m the
type of equipment that was purchased last spn ng. The City Manager agreed
there had been a problem at tfiat time, but they had gone back and corrected
the problem.
The C rty Manager said, if the Council wished, the City could continue con-
tracting the work, but at the time when they had worked on the budget, they
talked ot buying equipment and this is the present proposal, Councilman Utter
said the amount discussed at that time was $6,000 not $9,000. He questioned
ovhat the other equipment was be rn g used Por, rF it was 6eing used at all. The
City Engineer said it was being used for the clearing of the City Hall Grounds �
and sidewalks aiong the street
MOTION by Councilinan Utter to table action on the resolution untilthe next
neeting, Fe6ruary 12, 1g73, obtaining more information and personally con-
ducting an invest�gation on the proposal, Seconded by Councilman Starwalt
Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried
unanimously.
RESO WTION #/22-1973 - CHANGING THE PROJECT NUMBER DF THE 1971-3 STREET IMPROVE-
MENT PROJECT TO THE 1973-3 STREET IMPROVEMENT PROJECT, AND TRANSFERRING COSTS
AND EXPENSES FROM THE 1g71-3 STREET IMPROVEMENT PROJECT TO THE 1973-3 STREET
IMPRDVEMENT PROJECT (EAST RIVER RDAD)
MOTION by Councilman Nee to adopt Resolution '�22-1973. Seconded by Councilman
Breider. Upon a voice vote, al] voting aye, Mayor Liebl de�lared the motion
carried unanimously.
RESOLUTION #/23-1973 - AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL
ASSESSMENTS dN PARCEL 3150:
MOTION 6y Councilman Breider to adopt Resolution #23-1973• Seconded by Council-
man Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion
carried unanimously.
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REGULAR COUNCIL MEETiNG, FEBRUARY 5> 1973 PAGE 3z
R�SOLUTION fr24-1973 - CORRECTING THE CERTIFICATION OF AN ASSESSMENT FOR THE ST
E
CLERICAL ERROR:
MOTION by Councilman Nee to adopt Resolution j'24-1973 Seconded by Councilman
Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the inotion
carried unan�mously
APPOINTMENTS:
NAME
Paula Long
7473 West Circle Drive
Fridley, M mnesota
Rex Sackett
4656 2nd St. N.E,
Fridley, Minnesota
POSITION
Clerk-Typist,
Engmeeri ng
Division
Operations &
Maintenance Spec
Public Works
D�vision
EFFECTIUE
SALARY DATE
$l+68 Feb 12,
per 1973
month
a$35 Feb. 12,
per 1973
monih
KE PLACES
Nikk, Crepeau
Joe Gonsior
MQTION by Councilman Breider to concur with the City Manager and approve the
appointme�ts. Seconded by Councilman Utter. Upon a voice vote, all voting
aye, Mayor Liebl declared the motion carried unanimously.
ACCEPTANCE OF RESIGNATION: MR. H. J. SONDHEIMER, BOARD OF APPEALS:
MOTION by Councilman Breider to accept the resignation oF Mr, H. J. Sondheimer
from the Board of App�als. Seconded by Councilman Utter. Upon a voice vote,
all voting aye, M�yor Liebl declared the motion carried unanimously
CLAIMS.
General ',�,3�962 - �31081
Liquor {{ 745z - # 7495
hDTION by Councilman Breider to approve the claims. Seconded by Councilman
Utter. Upo� a voice vote, all voting aye, Mayor Lie61 declared the motion
carried unanimously.
LICENSES:
GENERAL CONTRACTOR
Don Mathis Contractor
� 7969 Jackson Street
Mrnneapo1is, Minnesota By; Don Mathrs
APPROVED BY
C. Belis]e
M1'� ri
fj (
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REGULAR COUNCIL MEETING, FEBRUARY �, 1973
ON SALE SUNDAY LIQUOR
Fridley VFW Post 363
1040 Osborne Road
Fr�dley, Minnesota
APPROUED BY
Public Safety
Director
PAGE 33
FEE
$$3-30
MOTIDN by Councilman Utter to approve the Licenses. Seconded by Councilman
Starwalt, Upon a voice vote, all vot rng aye, Mayor Liebl declared the motion
carried unanimously.
ESTIMATES,
Comstock & Davis, Ins. (THIS ESTIMATE WAS TABLED JANUARY 22, 1g73)
Consulting Enyineers
1�+46 County Road "J"
Minneaoolis, Minnesota 5543z
Engineering Work Provided on Pro�ect No. 104. $ 2,929.56
Locke Lake Dame Improvements
Patch, Erickson, Madson & Hanson, Inc.
28l)i Wayzata Boulevard
Minneapolis, Minnesota 55�+05
Est+mate �5, PARTIAL, January lnspection
Fridley �iquor Store $ ]00.00
MOTION by Councilman 6reider to approve the Estimates. Seconded by Councilman
Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion
carried unanimously.
DARREL A, FARR DEVELOPMENT CORPORATION. INNSBRUCK NORTH DEVELOPMENT, i.e.
DRAINAGE PLAN, COMMUNITY PARI< AND "A" FRAME BUILDING AND SHARE� RECREATIONAL
FACILfTIES:
MOTION by Councilman Utter to receive the agreem�nt and communication; dated
November 14, 1972. Seconded by Councilman Breider. Upon a voice vote, all
voting aye, Mayor Liebl declared the motion carrie�d unanimously.
FRIDLEY VOLUNTEER FIRFMAN'S RELIEF ASSOCIATION' PROPOSE� PENS��ON CHANGES.
MOTIi"1N oy Councilman Utter to receive the communication. Seconded by Council-
man Breider. Upon a voice vote,all voting aye, Mayor Liebl declared the mation
carried unanimously.
LETTER FROM CHESTER MERDLINE, OFFICE OF MILITARY AFFAIRS:
MOTION by Councilman Breider to rlace this item on the agenda February 12, 197�.
Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Lie61
declared the motion carried unanimously,
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REGULAR COUNCIL MEETING, FEBRUARY 5, 1973
RECEIVING LETTER FROM WILLIAM B, HOPKINS:
PAGE 34
MOTION by Councilman Breider to receive the letter, Seconded by Countilman Utter
Upon a voice vote, all voting aye, Mayor Lie61 declared ihe motion carried unani-
mously.
RECEIUING LETTER FROM HENRY MELCHER - MISSISSIPPI STREET. EAST OF T. H. #65'
MOTION by Councilman Breider to receive the communication from ,Henry Melcher,
Seconded by Councilman Utter. Upon a voice vote, all voting, aye, Mayor Liebl
declared the motion carried unanimously.
RECEIVING LETTER FRDM THOMAS G. VALENTI, PRESIDENT OF ONAN CORPORATION.
MOTION by Councilman Breider to receive the letter Seconded by Councilman
Utter. Upon a voice vote, all votrng aye, Mayor Liebl declared the rnotion
carried unanimously,
RECEIVING THE LETTER FROM MAYDR MC DONALD, RDBBINSDALE:
MOTION by Councilman Breider to
Utter. Upo� a voice vote, all
carried unanimously.
ADJOURN�
receive the letter Seconded by Councilman
voting aye, Mayor Liebl declared the inotion
MDTION by Councilman Bredier to ad�ourn the meeting Seconded by Councilman Utter
Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unani-
mously, and the Regular Meeting of February 5, 1973, ad�ourned at 1.00 a m.
Respectfully Submitted
Q���J ��
Patricia Ellis
Secretary to the C rty Council
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Frank G. Liebl, Mayor
b� 4 1