09/10/1973 - 000162447�
THE MINUTES OF THE REGULAR MEE7ING OF THE FRIbLEY CITY COUNCIL OF SEPTEMBER 10, 1973
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The Regular Meeting of the Fridley City Council was called to order at 7•35
p.m., September 10, 1973 by Mayor Liebl.
EDGE OF ALLEGIANCE:
Mayor Liebl led the Council and the audience in saying the Pledge of Allegiance
to the Flag.
INVOCATION:
Mayor Lie61 asked for one minutes of silent prayer for those missing in action
in Viet Nam.
ROLL CALL:
MEMBERS PRESENT
MEMBERS ABSENT
PRESENTATION OF AWARDS:
Breider, Starwa7t, Liebl, Utter, Nee
None.
CERTIFICATE OF APPRECIATION - MR. RICHARD HARJU, BOARD OF APPEALS
Mayor Lieb7 read aloud a note from the administration stat�ng Mr.
Har�u had called and would not be in attendance at the meeting to accept
the award. He directed the adm�nistration to forward the award to
Mr. Nar�u.
SPECIAL AWARD PLAQ�E - MRS. HELEN JOHN50N, CHAMBER OF COMMERCE:
Mayor Liebl called Mrs. Johnson forward to accept the award
plaque. Mayor Liebl expressed his personal thanks and appreciation
to Mrs. �ohnson for her a�d in hringing industry to the City of
Fridley. He added, on behalf of the Mayor and members of the Fridley
City Counc�l, what she had done for the community has been appreciated.
Mrs. Johnson thanked Mayor Liebl and the members of the Council
and said it had heen an honor working with all of them.
APPROVAL OF MINUTES:
PUBLIC HEARING MEETING OF AUGUST 13, 1973:
MO7ION by Councilman Nee to adopt the minutes of the Public Hearing Meeting
of August 13, 1973 as presented. Seconded by Councilman Utter. Upon a voice
vote, all voting aye, Mayor Liebl declared the motion carried unanimously.
REGULAR COUNCIL MEETING OF AUGUST 20, 1973:
MOTION by Councilman Nee to adopt the minutes of the Regular Council Meeting
of August 20, 1973 as presented. Seconded by Councilman Starwalt. Upon a
voice vote, all voting aye, Mayor Liebl declared the motion carried
unan�mously.
ADOPTION OF AGEN�A:
Mayor Liebl said the follawing items were to be added to the Communications
Section of the agenda
Communication from Mr. Edward H. Knalson, Superintendent of Schools,
Independent School District No. 16,
Communication from Ms. M�riam F. Friend, 1520 Rice Creek Road,
Communication from Mr. Roman S. Gribbs, President, National League
of Cities,
MOTION by Councilman Utter to adopt tne agenda as amended. Seconded by
Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared
the motion carried unanimously.
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REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973
VISITORS:
MR. CHARLES LARSON, REPRESENTATIVE OF FRIDLEY MEDICAL CENTER:
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Mr. Larson addressed the Council and requested approval of the use of
a mobile home at the Fridley Medical Center facilities as temporary
office facilities (not to include patient carel
Mayor Liebl said he was aware that therE had been a fire at the Medical
Center.
MDTION by Councilman Breider to approve the request for the temporary
use of a mobile home for the office facility at the Fridley Medical
Center. Seconded by Councilman Utter. Upon a vo�ce vote, all voiing
aye, Mayor Liebl declared the motion carried unanimously.
MR. BATLEY TILLER, 1335 GARDENA AVENUE N, E:
Mr. Tiller said he hoped the Council, during their invocat�on period,
would also remember those persons who were hospitalized, handicapped,
and crippled for life while serving in Viet Nam.
Mayor Liebl said Mr. Ttller's thought� were appreciated.
RAY MINARD, 6151 STARLIGNT �RIVE N. E
Mr. Minard said his question concerned the work being done on Starlight
Boulevard and he had heard that the curbing would be completed this year
and the remainder of the projeci would not 6e completed unt�l the next
April,
The Ctty Engineer said the curbing and blacktop would hopefully be completed
this year if the weather is not too severe. He said there is a possibility
that the clean up would not be completed until next year.
MR. JOHN CHURA, FRIDLEY V. F. W., 5973 MAIN ST. N. E.:
Mr. Chura said he would like to express his thanks for the cooperation
the Fridley V. F. W. has received from the City and the members of the
Park Board during the construction of the monument. He added, he is
sorry the construction has taken so long, but they had not received
the remainder of the monument from St. Cloud.
Mayor Liebl thanked Mr. Chura
PUBLIC HEARINGS:
PUBLIC HEARING ON ASSESSMENT FOR ST�EE7 IMPROVEMENT PRO�ECT ST. 1972-1:
M�TI�N by Councilman Starwalt to waive the reading of the Public Hearing
Notice and open the Public Hearing. Seconded by Councilman Nee. Upon a
voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously
and the Public Hearing opened at 7•47 p.m.
The City Engineer said he was happy to report the final cost of the pro�ect
was lower than estimated and previously given to the people. He added, this
was the result of obtaining the bids during the winter months.
The City Engineer said there is still some work to be done in the Innsbruck
North area, but he would like to get the assessment roll to the County so
the people would not have to pay the additional 7z% interest for another
year that would be due if there was a delay of a couple of months.
Mayor Liebl said the estimated price of the pro�ect had been $593,000 and
the actual costs are $434,D00. The City Engineer said some of the streets
in the project had been bid less expensively than anticipated.
AL�EN WAY AND RIVERUIEW TERRACE.
The City Engineer satd the actual cost of the improvements in this area ts
$9.29 per foot and there were no catch basins in these two streets installed
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REGULAR COUNCIL MEETING OF SEPT�MBER 10, 1973
under this pro�ect.
Mayor Leibl asked if there was anyone present who wished to question
this section of the pro�ect. There was no response.
EAST RIVER ROAD EAST SERVICE:
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The City Engineer explained that the costs for the East River Road East
Service Road would be $20.48 per foot and had been estimated at $21.07. He
added the costs for this area were higher because of the sub grade work and
there are assessments to be paid on only one side of the street.
CLOVER PLACE - MONROE TO JACKSON ST.:
The City Engineer stated the pr�ce per foot would be $10.19 for the front
and $1.84 for side yard assessments. He said the estimated amount had been
$74.60 for the front. The City Engineer explained that in the case there
were to be an assessment for the rear yard in this area, the assessment
would be $2.55 per foot. Mayor Liebl said there had been petitions submitted
requesting this improvement.
BENJAMIN - GARDENA TO 61ST:
The C�ty Engineer explained the assessments for this area would also be
$1D.19 for the front and $1.84 for the side yard assessment per foot.
BENJAMIN STREET - 61ST TO RICE
The C�ty En9ineer said this would include the entire Briardale area and
would be $10.52 per front foot and $2.79 for the side yard assessment.
The assessment for the front portion of the properties on 61st from
Benjamin Street to McKinley Street would be $10.55 per front foot and $1.85
per side yard foot, tha City Engineer said,
Mr. �ohn Kapotas, 6160 Briardale Court, said he was not sure of what was going
on at the present meeting. He added, he had just moved to the area the
first part of June and thought he had paid toward these assessments in the
price of his home.
The C�ty Engineer pointed out that there should have been money escrowed
by the developer which would have been placed in the bank or real estate
company. He stated, this would be in the form of a pending assessment.
He further explained that the project is complete and the money which had
been escrowed would 6e applied to the improvement. The City Engineer suggested
Mr. Kapotas refer to the contract of purchase which would state whether or
not this had been done by the developer of the area. He said the assessment
wou7d be less than had been estimated,
Mr. Bill McNee, 6155 Briardale Court asked if more black top would be put
in. The City Engineer explained that the final mat would not be installed
until after the road settles. He said he hoped the area would be completed
hy the winter months. Mr. McNee asked if this included the entire storm
sewer system. The City Engineer anticipated this would be completed by this
time also. He added, work is 6eing done to provide an outlet and there
would be a Public Hearing on the matter on September 24, 1973.
FERNDALE AVENUE•
Mayor Liebl asked the City Engineer what the estimated costs would be for the
Ferndale Avenue property owners. The City Engineer listad the costs to be
$10.19 per front foot and $1.84 per foot for the side yard assessments and
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REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973 PAGE 4
recalled the estimated cost had been $12.48 per front foot
60TH STREET:
The City En9ineer referred to the 60th Street area and stated �he froni
per foot assessment would be $10.19 and the estimated amount had been $12.89.
� Mr. Bailey Tiller asked why some of the areas on the map were assessed
on the entire street and some for only half of the street. Mayor Liebl
explained that the half porttons were for side yard assessments only.
The City Engineer said the side yard assessment for the Oakwood Manor would
be $1.76 per foot. Mr. Ttller said he would not have to pay for both assessments
when he is paying for the portion on Gardena, and Mayor Liebl said this was
correct.
The City Engineer pointed out the cnst of the area is rather high 6ecause
of the amount of excavation. Mayor Liebl stated the cost of the side
street assessment had 6een $3.60 and now would only be $1.76.
NSON BOULEVARD - 61ST 70 GARDENA:
The City Engineer stated the front would be $10.52 and the side, $2.19.
Mayor Liebl asked if there were any questions, and there were none.
The Ctty Engineer added that the estimates for Stinson Blvd. had been
$14.43 for the front and $2.61 for the side.
NORTH DANUBE ROAD TO GARDENA AVENUE:
The City Engineer explained the front per foot assessment would be $10.19 and
$1,84 for the side yard. He added, the estimated cost had been $17.16 and was
� high because they had anticipated problems in working with the soil conditions.
He stated the costs were down and the reason for this is that the City had
acquired some material from Burlington Northern and Park Construction.
NORTH DANUBE RORD, WEST DANUBE ROAD, SOUTH DANUBE �IRCLE, EAST DANUBE ROAD
AND REGIS CIRCLE:
The remaining portions of the improvement pro�ect were the five streets taken
care of in Innsbruck North. The City Engineer pointed out that the assessments
were on a per lot basis and were taken care of this way upon request of the
developer. He stated the residential lots would be assessed $2,821.81 per lot
and should have heen included in the price of the home as a pending assessment.
Councilman Starwalt asked if the cost of these roads would be higher 6ecause
they are new roads. The City Engineer explained that the roads are all
concrete and the cost of this type of roadway is higher. Councilman Starwalt
questioned if the cost of the road would increase over those installed on
an already sta6alized street. The City Engineer felt the ball park price would
be $17.00 instead of $12.00.
STORM SEWER BETWEEN 61ST AVENUE AND GARDENA AVENUE, ARTHUR STREET AND STINSON BLUD.•
The City Engineer pointed out the area and said the storm sewer assessments
are on the basis of 100 square foot measurements. He expla�ned, basically,
� there are two areas involved in the present assessments and pointed out
areas A and B on the map and said they would be assessed $3.83 per 100 square
feet. He added, the estimated price presented at the Public Hearing had
been $3.99 per 100 square feet. The City Eng�neer referred to area D which
will be assessed $1.76 per 100 square feet as compared to the price of $3.99
estimated at the Pub1ic Hearing. He further explained this was a partial
assessment and the work is not complete and in areas A and B there had been
more work completed and this was the reason for the higher assessment.
Mr. Bailey Tiller addressed the Council and questioned the reason for the
assessments being placed on his property as this was the highest in the
area elevationwise. He stated he had never had any trouble with water and
he had paid more for the high land than those who had purchased lower land
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REGIJLAR COUNCIL MEETING OF SEPTEMBER 1D, 1973
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and d�d have drainage problems. He asked why his property was involved in
the assessments at the present time.
Mayor Liebl pointed out the City would have to follow the law of the land and
and the policy which is always upheld by the 5upreme Court which is those
residing on the highest piece of land must also pay for the storm sewer
facilities because their land is being drained onto the lower properties.
Mayor Liebl asked the City Attorney for his counse7.
The City Attorney said all properties contribute to the water and ultimate
outflow and th�s has been the ruling upheld by the Minnesota 5upreme Court.
He added, this m�ans all the high property as well as the low property.
He explained the policy of creating storm sewer districts and a7so subdistricts.
He pointed out there are three subdistricts in this project which are A, B,
and D, with D being assessed a lower amount because the amount of work in
this district has noi 6een as comprehensive as in areas A and B. The City
Attorney continued saying there is no assessment 6eing placed on the properties
within subdistrict C at this time because there is no work being done in
this area at this t�me. The City Engineer stressed there would be no development
of storm sewer �n area C because there is no development in this area.
The City Engineer reviewed the priority levels of drainage through storm sewer
systems within the City as one, all roads and public right of ways
are to be drained first, and secondiy, the drainage of low areas creating
developable sites. He expounded, it is not the City's concern to drain every
piece of low land, but if the developer wants the property drained, it would
be possible to do so.
A resident of the area asked �f the whole City was to pay for the drainage
of such a developers low lands? The City Engineer responded stating everyone
in the City will be eventually assessed for storm sewer systems. He explained
at the present time, there are oniy a very few smail areas that have not
been assessed for the storm sewer and the property owner, would he called
in for Public Hearings and the assessments and improvements would have
to be approved. He stated the saroe standards apply all over the City, and
the plan is to provide this service for the entire City.
MOTION by Councilman Nee to close the Public Hearing. Seconded by Councilman
Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion
carried unanimously and the Public Hearing closed at 8:35 p.m.
PUBLIC HEARING ON ASSESSMENT FOR STREET IMPROVEMEN7 PRO�ECT 5T. 1972-2:
MOTION by Councilman Breider to waive the reading of the Public Hearing
notice and open the Public Hearing on the assessment for Street Improvement
Pro�ect 5T. 1972-2, Seconded by Councilman Utter. Upon a voice vote,
all voting aye, Mayor Lieb7 declared the motion carried unanimously and the
Public Hearing opened at 8:36 p.m.
The City Engineer outlined the standards in this improvement project would
be high, but the people would be paying a normal amount for residential
property in Fridley and the remainder of the assessment would be taken care
of by State Aide street funds.
MONROE STREET FROM MISSISSIPPI STREET TO 67TH AVENUE:
The City Engineer nointed out this area would be $10.52 for the front
per foot and the estimate had been $13.19. He added, the side yard assessment
would 6e $2.05.
GARDENA - ARTNUR STREET TO STINSON:
The City Engineer stated the estimate for this area had been $13.14 and the
proposed actual assessment would be $1d.52 per front foot. The side yard
assessment would be $2.05 per foot he continued.
Mr. Bailey Tiller addressed the Council and said the City had torn up
Gardena in front of his home in three places the past spring and his curbing
had been broken. He thought the Engineering �epariment could have referred
toiheir location maps and only torn up the street in one place. Mr. Tiller
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REGULAR COUNCIL MEETING OF SEPT�MBER 10, 1973 PAGE 6
recalled the reason for the street betng torn up was because ihe water
had not been turned on. Mr. Ti71er added, the first street was put in
that area 20 years ago and it was a good tar street. He said he thought
this street would have held up and felt there wauld be no reason for a
new street today. He continued stating when the sanitary sewer and
water facilities were installed, the street was never properly repaired
� and it was full of holes the following spring. Mr. Tiller inquired �f
the property owners were due some credit for the first street because
it was not properly repaired and maintained. Mr. Tiller stated in the
period of 20 years, he had paid for three streets. Mr. Tiller agreed
to talk to Councilman Starwalt, but said if coul� not come to some agreement,
he would get an attorney. He again questioned the reason for the street
being torn up after he had paid the extra expense of installing three
outlets, sa the street would never have to be torn up. He added, this
had been quite an expense.
Councilman Starwalt responded and said he did not know why the three holes
had to be dug in the street. He explained that he did reside near Mr. T�ller
and he thought Mr. Tiller should consider the factor of the increase of
traffic in the area. He thought this increase may be 500% over the last
10 years. He agreed the street that had been installed 11 years ago was
a good street, but there had been a great deal of traffic on the street.
Mr. Tiller said he was not speaking of the street of 10 years ago, he was
concerned with the street of 2J years ago. He added, he thought that three
streets in 20 years was a little more than working people can afford.
The City Engineer explained that the people of the area were not paying
the total cost of the street, the final mat had not been installed and
would not be installed for some time. He continued, the street is heavily
traveled and the final mat would not be placed on the street for two
� years or so because of the settlement of the street caused by the clay in the
area. He pointed out that this delay will increase the life of the street
and take care of the settling.
MATTERHORN DRIVE:
The City Engtneer listed the prices for Matterhorn Drive and said they
would be $1D.52 for the front and $2.05 for the side yard «ssessment or
the same rate as the streets previously mentioned in the project He
stated the amount given to the people at the Public Hearing had been $12.00.
INNSBRUCK NORTH DRIVE:
The City Engineer said the residents of Innsbruck North Drive would be assessed
by lot at $2,821.81 per residential lot, $62.82 per apartment unit and the
townhouse rate would be $115.84 per unit.
Mrs. B. Lillimoen, 1583 Gardan Avenue, asked when the storm sewer would
be placed in the area. The City Engineer said he hoped to acquire the money
for the system through escrow and this would depend on how quickly the
area developes. He added, this would be a matter of t�me and may be two
to three years.
MOTION by Councilman Breider to close the Public Hearing. Seconded by
� Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared
the motion carried unan�mous7y and the Publtc Hearing on Street Improvement
Project ST. 1972-2 closed at 9:03 p.m.
OLD BUSINESS:
- VACATION, SAV #73-08, DENNIS RANSTROM, TO VACATE 20' UTILITY
Mayor Liebl said he had received the letter from Mr. John E. Daubney of
August 29, 1973, and after reading the letter, Mayor Liebl agreed with the
requests concerm ng Lots 10 and 11, Rice Creek School Addition. He added,
he had been at the location and had looked at the lots.
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REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973 PAGE 7
Mr. �ohn E. Daubney, Attorney for Mr. Dennis Ranstrom, addressed the Council,
He pointed out that he had prepared rough drafts of the proposed deeds of easement
as requested hy the Council and he beiieved the deeds and letter were in the
spirit and conditions agreed upon �t the prev�ous meeting of the Council.
Councilman Breider said he thought the previous plan was without the request
of a variance, and this was what had been requested in the first place. �
Mr, Daubney said yes, he would like to explain this matter. Mr. Daubney ,
pointed out the two lots on the map on the easel and said there is a utility
and drainage easement between the two lots and also a manhole and temporary
storm sewer pipe which is partially covered and then extends above ihe
surface of the ground on the south of Lot 11 to Rice Creek. He stated
the applicant would grant the easement for the temporary pipe on Lot 11 for
an exchange or release of the easement between the two lots. Mr. Daubney
read the rough draft of the proposed deed of easement for the six foot
utility and drainage easement to the Council.
Mr. Daubney continued with the second part of the proposed negotiations
concerning the walkway on the southeast side of Rice Creek and below the
856 elevation, Mr. �aubney read the deed of easemeni aloud to the Council.
At the point in the easement where the width of the easement was included,
Mr. Daubney asked the members of the Council if it was their understanding
this was to be six feet in width. He said he would agree to this, or what
the Engineering Department would consider a reasonable width. He added,the
location of the walkway would have to be staked out by the Engineering
Department and in order to reduce confusion, he helieved the elevation
should be established from the City's contour map from the Engineering
Department. Mr. Daubney said there would be no argument as to the placement of
the six foot walkway between the creek and the 856 elevation. He thought
this could be left open at this time. Mr. Daubney said he would be willing
to change the deeds in form if the City Attorney felt it necessary. He �
said he would ask the City to waive the right to the north/south easement
between the two lots. The plan had been changad somewhat, he added.
Mr. Daubney said he would request the Counci] approve the initta] request
for the vartance of the front yard setback as the land is a little beiter
and more firm soil conditions exist in this area. He continued saying the
appltcant had provided reports of soil borings done by Soil Exploration
which prove the area to be 6uildable. Mr. Daubney explained the proposed site
would be sufficient, but the new request would be better and would p7ace
the structure away from the walkway. Mr. Dau6ney saitl the initial request
including the variance and the vacation of the easement had been reviewed
hy the Planning Commission and they recommended approval of the request.
Mr. Daubney said it is his understanding that this action would comply with
the City Code.
Mr. Daubney said the Council had requested an indemnification agreement be
submitted by the applicant, stating in substance, if there are any problems
with the subsoil, the applicant would hold the City harmless. Mr. Daubney
said he had prepared an agreement that would be sub�ect to the City Attorney's
approval, but he would like approval of the agreement in principle. Mr.
Daubney said he would submit the documents to the City Attorney and the
City Engineer for the approval of the final form. He said he would ask the
Council for approval of the matter that evening.
Mr. Daubney said he would like approval of the two deeds of easement, one '
for the west side of Lots 10 and 11 for the walkway, and secondly, for the
south side of Lot 11 for utilities.
Mayor Liebl sa�d he felt the applicant and Mr. Daubney had cooperated with
the City by furnishing the agreement to hold the City harmless for the
building. He questioned if the amount of the easement should be more ihan
six feet. Councilman Breider said this is all the Council had asked for.
The City Engineer recalled an agreement had been worked out. Mayor Liebi
read the points in the agreement• 1. That the applicant dedicate a six
foot util�ty easement on the south side of Lot 11. Mr. Daubney agreed to
this point. 2 That the applicant dedicate a walkway easement on the
northerly portion of the lots following basically the 856 contour elevation,
Mr. Daubney said the applicant would agree to this point. 3. That an
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REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973 PAGE 8
easement be dedicated for the pu�poses of ponding the northerly portion
of the lots following, basically the 870 contour line. The City Engineer
said this point would be deleted in the agreement. 4. The property owner
agrees to hold the City harmless if there is structural or other damage
� to the buildings, caused 6y a water main break, or water rumm �g off the
banks of the lots, due to the steepness of the terrain of Lot 10 and I1.
Mr. Daubney said he would agree to this point, but would not hold the
City harmless for any negligence. The City Attorney said this was how
the discussion had gone at the previous meeting. Point 5 read, the property
owner will supply the necessary doucments for points 1, 2, and 4 before
the second reading of the ordinance.
Mr. Daubney said the indemnity agreement to hold the City harmless would
be subject to the approval of Mr. Herrick.
The City Engineer pointed out that the original agreement contained a point
that an easement for a lake would be given at the 870 contour line. He
explained he should also give the Council more facts about the matter.
The City Engineer stated the Metro Council had approved a plan for the parks
in the area. There is a request for a building permit and the C�ty cannot
hold up the applicant any longer. The City Engineer said the County had
been in contact with him and requested the issuance of the building permit
be held for a period of three months, and he had advised the County that
the City could not ask the people to wait for a permit for another three
months. The City Engineer said he felt if the County wanted the property,
they could negotiate for it or allow the people to build on the property.
He added, the appl7cants have quite a bit or work and effort �nto this
project. He advised the Council that the County would be act�ng the next
day on whether to acquire the property or let the people build on it.
� He thought they should not be working on cross purposes and the ponding
easement was the only question and th�s port�on could be deleted.
Mr. Daubney said it would take several days to get the necessary documents
in final form. He continued, he had 6een advised there are no funds avail-
able on the County level for this project this year. Mr. Dau6ney stated
he would ask the Council to approve the requests in pr�nciple. He said the
applicant is not asking for any rezoning and this would not change the value
of the property by issuing a building permit.
Councilman Starwalt said he had a couple of items he would like to mention.
He brought to the attention of the Council that a vacat�on had been turned
down ir+ the vicinity of this location, prohibiting the issuance of a building
permit. He added, this was on another proposed house one block east of
this site, and the reason for denia7 of the request was that the structure
was not in line with the other homes in the neighborhood. He added, he had
voted in favor of this street vacatton. In the future, he said, the whole
area may possibly be park land or used for other purposes. He repeated
the point brought out by the City Engineer that the County people have their
eyes on the property. He thought this matter should not be resolved at the
present time. Councilman 5tarwa7t said he had talked with Mr, Ranstrom
concerning the matter. He thought if the area were to be developed into
a ponding area, there would be a need for the ihird point in the agreement,
and the wa7kway would also be needed. Councilman Starwalt said he would
� suggest the matter be resolved by the County before the Council would take
any action on it.
Councilman Utter said he had talked to the applicants. He said he did not
believe the City had the ultimate jurisdiction and if the State would need
the property, they would condemn it. Councilman Utter addressed Councilman
5tarwalt and said the other vacation request in the area was for the vacation
of a street, not a utility easement, and the vacation of the utility easement
would not be an injustice to those people who had been denied the request.
Councilman Utter stressed, the people would be using their own property
to build, and this would be all.
The City Attorney advtsed the Council that the property owner would be
entitled to a building permit. He stated, th�s is a matter of law, and
the City would have to grant a building permit if the applicant had not
requested any waivers, variances or vacation of easements Ne pointed out
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REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973 PAGE 9
the property is properly zoned, and the property owner is entitled to
a building permit. He said in this case, the applicant is requesting two
things, a variance of the front yard setback and the vacation of an easement.
The City Attorney said the City wnuld not have io grant these requests,
and the property owner would not have to grant the City's two requests.
He added, the Council has asked the two things th�y desire and this would
have to 6e the owner's decision. He continuPd saying, he was not indicating �
what the Council should dcs and he was not trying to say this is a gnod
or a bad trade. The City Attorney said the City has heen asked to do
something, they do not have to do, and the owner has 6een asked to do some-
thing, he does not have to do , and legally, there is no requirement on
this.
Mayor Liebl said the Council had been over this matter four times, and he
felt it to be only a matter of aye or nay. Ha said the property owner would
not have to give his property away and if he holds the City harmless, nnbody
will be hurt and it will be the property owner's prerogative to build a home.
Mr. Daubney agreed with the City Attorney stating, the City cou7d give nothing
and the applicant could give nothing. He explained it was his purpose to
negotiate something for the City and something for the applicant.
MOTIQN by Councilman Nee to table the matter for one week. Seconded by
Councilman Starwalt. Upon a voice vote, Nee and Starwalt voting aye,
and Liebl, Breider and Utter voting nay, Mayor Liebl DECCARED THE MOTION
FAILED.
MOTION by Counc9lman Utter to waive the second reading of the Ordinance,
to adopt the second reading of the Ordinance, and approve the variance, and
that Mr. Daubney, the City Attorney and the City Engineer come to an agreement
on the six foot walkway easement on the north side of Lot 11 between the �
creek and the 856 elevation, and that the applicant grant a six foot utility
and drainage easement on the south line of Lot li, and that the applicant
will submit a letter holding the City harmless for any structural damage
caused by the soil conditions or steepness of the terrain, and that the
applicant provide documents for items one, two, and four before the
publication of the ordinance. Seconded by Councilman Breider. Upon a
roll call vote, Starwalt voting nay, Liebl voting aye, Utter voting aye,
Nee voting nay, and Breider voting aye, Mayor Liebl declared the motion
carried three to two and Ordinance No. 546 adopted.
CONSII]ERATION OF FIRST READING OF AN OR�INANCE REGAR�ING TRUCK
Mayor Liebl suggested receiving the ordinance.
MOTION by Councilman Breider to receive the ordinance and that any discussion or
action on the first reading of the ordinance until the next meeting of the
Council. Seconded 6y Councilman Nee.
The City Attorney pointed out he had obtained some of the matel^ial from the
code and some definitions from the State Statutes.
UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried
unanimously.
NEW BUSINESS: �
APPROVAL OF BUS SHELTER AT INTERSECTION Of MISSISSIPPI STREE7 AN� T.H. #47:
MOTION by Councilman Breider to approve the bus shelter on T. H. #47.
Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl
declared the motion carried unanimously.
Councilman Nee said there should be �n opening in the fence from the south.
CONSIDERATION OF AN ORDINANCE DESIGNATING CR�EK AND RIVER PRESERVATION DIS7RICT
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REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973 PAGE 10
MOTION by Councilman Breider to table the consideration of the ordinance
until later in the meeting. Seconded by Councilman Utter. Upon a voice
vote, all voting aye, Mayor Liebl declared the motion carried unanimously.
FOR APPROVAL OF SIGN PERMIT AND WAIVING FEE APPROVAL OF LEASE
MO7ION by Cauncilman Utter to approve the sign permit as requested by
the Foundation for the Islands of Peace, Inc., waiving the fees. Seconded
by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl
declared the motion carried unanimously.
MOTION by Councilman Breider to table the consideration of the lease
agreement. Seconded by Councilman Utter. Upon a voice wote, all voting
aye, Mayor Liebl declared the motion carried unanimously.
CONSI�ERA7ION OF APPROVAL OF A FRONT YARD SE7BACK VARIANCE FROM 35 TO 20
FEE , 56 IRON ON STREET . E., B ME I BRU K W:
MOTION 6y Councilman Nee to receive the letter requesting the �pproval of
a variance in front yard setback. Seconded by Councilman Utter. Upon
a voice vote, all voting aye, Mayor Liebl declared the motion carried
unanimously.
Councilman Breider said he did not feel the Council could do much in the
form of action on the matter because a Pub7tc Hearing was required.
The City Engineer said the other area properties have the same setback.
He suggested the Council concur with the action of the Board of Appeals at
their meeting which would be the next evem ng or September 11, 1973. Mayor
Liebl stated he had no objections to the var�ance of the setback.
MOTION by Counctlman Nee to concur with the action of the Board of Appeals
at the Public Hearing meeting of September 11, 1973 Seconded by Councilman
Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion
carried unanimously and the recommendation of the Board would be concurred
with.
RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 22, 1973:
IDERATION OF A REZONING
�• : ��: . : ::'1�
The City Engineer explained there would be no action necessary on
this item because it had been continued at the Planning Commission
level.
CONSIDERATION OF A PROPOSED PRELIMINARY PLAT. P. S. #73-06. HARRIS
mnn
The City Engineer stated there was no action necessary at the present
meeting. The item would 6e brought to the Council for Public Hearing
at the next meeting of the Council for consideration of the final
plat.
REQUEST BY JOHN DOYLE (6305 EAST RIVER ROAD):
The City Engineer advised the Council there was no action necessary on
the item as it was to be reviewed by the Planning Commi$sion and this
would he done the following meeting of the Commission.
BOARD OF APPEALS SECRETARY:
��Y f:
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REGULAR COUNCIL MEETING OF $EPTEMBER 10, 1973
PAGE 11
The City Engineer po�nted out that there would be no action needed
on this or the remaining items on the Planning Commission minutes.
MOTION by Councilman Utter to receive the minutes of the Planning Commission
meeting of August 22, 1973. Seconded by Councilman Starwalt. Upon a voice
vote, all voting aye, Mayor Liebl declared the motion carried unanimously.
RECEIVING TH� MINUTES OF 7HE BUTLDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE
F AUGUST 3 . 73.
The City Engineer advised the Cauncil that this item had been cancelled
at the Planning Commission level.
CONSIDERATION OF A REQUES7 TO CONSTRUCT AN A�DITION FOR MANUFAC7URING
PURPOSES ON THE PRESENT BU DTNG L CATED ON TS 18 AN� 1, CK 7,
ONO AY ADDITION: HE S E B IN 75- BEE H ST EE . ES BY
BROOKLYN TOOL COMPANY 7779 BEECH STREET N. E., FRIDLEY, MINNESOTA :
The City Engineer said the Subcommittee had recommended approval of
the request with some stipulations.
MOTION by Councilman Breider to concur with the recommendations of the
Building Standards-�esign Control Subcommittee and approve the request
to construct an addition with the stipulations as recommended by the
subcommittee. Seconded by Councilman Starwalt. Upon a voice vote,
all votinq aye, Mayor Liebl declared the motion carried unanimously.
MOTION by Councllman Utter to receive the mtnutes of the Building Standards-
Des�gn Control Subcommittee of Auqust 30, 1973. Seconded by Councilman Nee.
Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried
unanimously.
�ISCUSSION ON MINI-BIKES AND OTHER RECREATIONAL VEHICLE pROBLEMS AND POSSIBLE
SOLU7IDNS:
Mayor Liebl informed the Council that the people in the area of the Sears
property had called a meeting because they were concerned about the motorized
traffic in the area. He added, a poll of the neighborhood had been taken
to indicate whether or not they favored the continued use of the motor
vehicles in the area.
Mr. Chester C. Swanson, 226 69th Avenue N. E., addressed the Council and
asked if he may have a l�ttle time to present a histnry of cycling and the
growing interest in the outdoor recreational use. He stated, this is not
a local problem, but also a national problem and the enthusiasm
for the sport is continually mounting. He'added, because of the irresponsible
operators of the recreational mntorized vehicles, the neighbors and the other
operators are suffering. He included the history of snow mo6iling in the
presentation to the Council, stating the uses are similar and related.
Mr. Swanson listed some suggestions for possibl�e solutions ta the problems
as follows:
1
2
Leasing the property from Sears and regulating the recreational traffic
in the area.
Creating a 200 foot buffer zone between the area to be used and the
residential properties.
3. Create an access that will not invade the privacy of the area
residents.
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REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973 PAGE 12
4. Establish a policy of noise control stating that mufflers and
silencers will be used so the noise will not exceed 92 decimals.
5. That a committee be set up consisting of home owners on 69th,
one representative of the cycling groups and snow mobile orgaintzation,
and Mr. Paul Brown, �irector of Parks and Recreation, and neutral
� party.
6. That a path to gain access be approved within the right of way
portion of University Avenue, �o the young people do not ride
on the highway.
7. That snowmobiles be allowed in the area �n the winter months. He
thought this would create an area that everyone could use such as
the public beach 7n the City.
Mayor Liebl thanked Mr. Swanson for his presentation. He expressed concern
stating some people would abuse the rights given, and these would be the
people from out of town who do not realize the seriousness of the situatian.
Mr. Thomas 0'Hara, 267 69th Avenue N. E., addressed the Council and said he
was speaking for himself in the matter. He thanked those responsible for
putting the item on the agenda for discussion. Mr. 0'Hara questioned if the
City Engineer had made contact with the people from Sears on the possibility
of 7easing the property. Mr. 0'Hara explained according to the information
he had obtained, the property could not be leased to the City for the use
of mtni-bikes, there is an agreement with Sears which would prevent this
usage. He added, Sears will not lease the property without the agreement
of the property owners of the area and their approval of the usage.
� Mr, 0'Hara listed the various surrounding communities which have banned the
use of the recreational vehicles such as mini-bikes within their limits.
He thought the City of Fridley is becoming the dumping ground for the
surrounding communities who do not want this type of activity. Mr. 0'Hara
said Columbia Heights and New Brighton are the only communities in the area
who allow the use of mini-bikes, but his must be with the permission of the
property owner. He said he would ask the Council to for6id completely and
entirely, the use of mini-bikes within the City.
Councilman Breider asked if this request would also include the use of
snowmobiles? Mr. 0'Hara said he is not opposed to the use of snowmobiles.
Councilman Breider replied, those who are restricting mini-bikes would restrict
motor vehicles and this would include snow mobiles.
Mayor Liebl said the Legislature did not pass House File 2282 which would
regulate off-road recreational vehicles. Mayor Lieb] continued by saying
the question in his mind was if the tax payers could afford the enforcement
of such an activity. He questioned if the constitutional rights of the
people would be effected and asked the City Attorney for his counsel. Mayor
Liebl stated, if he wished to purchase a mini-bike, his neighbors could not
stop him, he asked the power of the Council, could this type of decision
be overruled?
The City Attorney explained there are two areas that would have to be cons�dered
� 1. The mini-6ikes can be used on the public streets.
2. As Councilman Utter had raised, the point of the operation of the
vehicle by a citizen of Fridley on private property within the
City with the consent of the property owner would have to be
considered. Related to this aspect, he added, the condition of
creating a nuisance would also have to be considered.
The City Attorney pointed out that perhaps an individual could use his
neighbors property if the neighbor did not object and he questioned the
matter of obtaining written permission and how this would be handled in the
courts. He advised the Counci7 that no court would convict a person for
violating an ordinance if he had oral permission and not written permiss�on
from the property owner.
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REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973 PAGE 13
Mrs. 0'Hara addressed the Council and said she had been home for the
better part of the day the day aft�r the area was posted and aboui ii•00
a.m., there were three boys on bikes in the posted area. She added, these
young persons must not have been high school age. The gates are open and
the area is posted she said. Five persons were operating bikes that
afternoon and it is difficult for her to run into the field and tell the
young people the area is posted everytime someone comes mto the field
she added.
Mr. James Makie,200 N. E. Rice Creek Te�race, said he was concerned about
the fencing in the Rice Creek area and questioned if criminal hazard
charges could be brought if someone were hurt in this area. The children
of the area had been walking across the tressel since the gate had been
installed he reported. He thought this was creating a hazard and feared
someone would 6e getting killed on the tressel. Mr. Makie indicated he
did not know who had installed the fence, but thought this to be a fatal
mistake.
The City Attorney said he would not buy this argument and explained the
fencing was installed on private property with limited use, and those
crossing the tressel would be trespassing, He said the only instance
where this may not be correct is when a four or five year old who was not
aware of the danger would cross the tresse7.
Mr. Makie said he did not think the gates are the solution. He questioned
if the area could be open to pedestrians, but c7osed to motorized vehicles.
Mr. Laurance Anderson, 220 R�ce Creek Blvd., said he would favor fencing
the area, but there are those who use the area to walk to church. He
inquired if it would be possible to use fencing similar to that used on
tennis courts because this could be done with a minimum cost and 6e very
simple to walk through.
Mayor Liebl read the points of concern incorporated in the memo submitted
to the Council from the Acting City Manager, Mr. Nasim Qureshi, and suggested
the points be studied and the item be brought to the Council in October.
MOTION by Councilman Breider to direct the Parks and Recreation Corrrrniss;on
to study the matter, considering the five proposals in the memorandum from
the Acting City Manaqer and that the matter of the fence on the Rice Creek
area be studied for a possible solution to the fencing of the area allowing
pedestrians, but prohibiting motorized vehicies. Seconded by Councilman
Starwalt.
The Acting City Manager said he would look into the matter of the fencing
and contact the Metro Sewer Board if necessary.
Councilman 5tarwalt suggested Mr. 0'Hara and Mr. Swanson work with the
Parks and Recreation Commission to come up with a satisfactory solution.
Councilman Breider thought if the Sears property were not considered
for the facility, there would be no reason for Mr. 0'Hara to take part in
the discussion for the solution.
Mayor Liebl said he would like to find a place that did not interfer with
the people in resident�al areas, and this is a recreational matter and it
is the constitutional right of the operators to be able to use the vehicle.
He added, if the operation does not step on other people's toes. He thought
hefore there could be an ordinance considered, the cost of the enforcement
of the ordinance should 6e evaluated.
Mr. Bud Hamilton, 181 Rice Creek Terrace, said he thought the Sears area
was the wrong area. The motorized vehic7es would create a nuisance in
this area.
Councilman Breider said the Parks and Recreation Commission should study
the possibilities. Mayor Liebl agreed and stressed they should look at
the five points in question in the memo from the Acting City Manager.
UPON A �OICE VOTE, ALL voting aye, Mayor Liebl declared the motion carried
unanimously.
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REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973
PAGE 14
Mayor Liebl said the matter would be discussed at the September 24, 1973,
meeting of the Parks and Recreation Comm7ssion.
RECEIVING THE MINUTES DF THE PARKS AND RECREATION COMMISSION OF JUNE 11, 1973:
MOTION Councilman Breider to receive the minutes of the Parks and Recreation
� Commission of June 11, 1973. 5econded by Councilman Utter. Upon a voice
vote, all voting aye, Mayor Liebl declared the motion carried unanimously.
Councilman Nee questioned receiving the minutes of the June 11, 1973 meeting
when it was presently the lOth of September. He said people had questioned
him about items and he is unable to answer their questions.
�_J
The Acting City Manager said a special effort is being made to complete
the transcription of the minutes within five days.
RECEIVING THE MINUTES OF THE PARK AND RECREATION CODIMISSION OF JUNE 18, 1973
MOTION by Councilman Breider to receive the minutes of the Parks and
Recreation Commission meeting of June 18, 1973. Seconded by Councilman Utter.
Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried
uanimously.
RECEIVING THE MINUTES OF THE MOORE LAKE TASK FORCE STUDY GROUP OF JULY 17, 1973.
MOTION by Councilman Breider to receive the minutes of the Moore Lake 7ask
Force Study Group of July 17, 1973. Seconded by Councilman Starwalt. Upon
a voice vote, all voting aye, Mayor Liebl declared the motion carried
unanimously.
RECEIVING THE NOTE FROM THE HUMAN RELATIONS CDMMITTEE FROM AUGUST 23, 1973•
MOTION by Councilman Breider to recetve the note from the Human Relations
Committee from August 23, 1973. Seconded by Councilman Utter. Upon a voice
vote, all voting aye, Mayor Liebl declared the motion carried unanimously.
RECEIVING BIDS AND AWARDING CDNTRACT FOR S7REET IMPROVEMENT PROJECT ST. 1972-1A•
Progressive Contractors, Inc.
Box 368
Osseo, Minnesota 55369
C. M. McCrossen
Box 322 Route 2
Osseo, Minnesota 55369
Arcon Construction
Mora, Minnesota
McCree and Company
1145 West 7th Street
St. Paul, Minnesota 55102
Woodrich Construction Co.
County Road 3& 18th Avenue South
� Hopkins, M�nnesota 55343
Arnold Beckman, Inc.
9649 Humboldt Avenue South
Bloomington, Minnesota 55431
$75,578.00
$113,841.60
No Bid
$96,552.20
$79,371.80
$99,872.45
MOTION by Councilman Breider to receive the bids for ST. 1972-1A. Seconded
by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared
the motion carried unanimously.
MOTION by Councilman Utter to award the contract for Street Improvement
Project ST. 1972-1A to Progressive Contractors, Inc., Box 368, Osseo,
Minnesota 55369, in the amount of $75,578. Seconded by Councilman Breider.
Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried
unanimously.
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REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973 PAGE 15
CDNSIDERATION OF RELEASE OF TWO LOTS HELD BY CITY COUNCIL FOR PARK AND DRAINA
PURPOSES NEXT TO RICE CREEK ROAD A D CEN L VE UE:
The City Eng�neer said if the property is not needed for park purposes, there
is still a need for some drainage easements on the property,
A representative from the Fridley V. F. W. addressed the Council and asked �
if the City could obtain the property and sell it to the organization after
this. Mayor Liebl said he thought the organization should buy the property
and then come back to the Council.
MOTION by Councilman Breider to release the property on the corner of
Miss�ssippi and Rice Creek Road being held by the County for the City of
Fridley for park purposes and authorize the County to se17 the property
with the stipulation that there be drainage easements on the parcels.
Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl
declared the motion carried unantmously.
RECEIVING AUDIT REPORT FR0��1 GEORGE M. HANSEN COMPANY FOR THE YEAR ENDING
DECEMBER 31, 1972:
MOTION by Councilman Breider to receive the report from George M. Hanson
Company for the year ending December 31, 1972. Seconded by Councilman
Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion
carried unanimously.
DISCUSSION ON MINI-BIKES OTHER MOTORIZED RECREATIONAL VEHICLE PROBLEMS
Mayor Liebl said this item had been taken care of earlier in the meeting.
RESOLUTION #116-1973 - CONFIRMING A5SE5SMENT FOR STREET IMPROVEf�ENT PROJECT �
ST. 1972-1.
MOTION by Councilman Breider to adopt Resolution #116-1973 confirming
the assessment for street improvement Project ST. 1972-1. Seconded 6y
Councilman Nee. Upon a roll call vote, all voting aye, Mayor Liebl declared
the motion carried unanimously.
RESOLUTION #117-1973 - CONFIRMING ASSES5MEN7 FOR STREET IMPROVEMENT PROJECT
ST. 1972-2:
MOTION by Councilman Breider to adopt Resolution #117-1973 confirming assess-
ment for Street Improvement Project ST. 1972-2. Seconded by Councilman Utter.
Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried
uanimously.
RESDLUTION #118-1973 - DIRECTING PREPARATION OF ASSESSMENT ROLL FOR WATER
MOTION by Councilman Utter to adopt Resolution #118-1973 directing preparation
of assessment roll for water, sanitary sevaer and storm sewer Improvement
Pro,7ect No. 112. Seconded by Councilman Nee. Upon a voice vote, all voting
aye, Mayor Liebl declared the motion carried unanimously.
RESOLUTION #119-1973 - DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT
ROLL FOR WATER, SANITARY SEWER, ND ST RM SE E IMP EMENT PR EC . 2:
MOTION by Councilman Nee to adopt Resolution #119-1973, directing the publication
of hearing on proposed assessnents for water, sanitary sewer, and storm sewer
Improvement Pro�ect No. 112. Seconded by Councilman Breider. Upon a voice
vote, all voting aye, Mayor Liebl dec7ared the motion carried unanimously.
RESOLUTION #120 - DIRECTING PREPARATION OF FINAL ASSESSMENT ROLL FOR IMPROVE-
ENT PRO,IECT 1973 SERVICE CON EC I S:
MOTION by Councilman Breider to adopt Resolution #12D-1973, directing prepar-
ation of final assessment roll for Improvement Project 1973 Service Connections.
Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor
Liebl declared the motion carried unanimously,
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REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973
PAGE 16
RE50LUTION #121-1973 - DIRECTING PU�LICATION OF HEARING ON PROPOSED ASSESSMENT
R LL F 973 SE ICE�C C I 5: �
MOTION by Councilman Breider to adopt Reso7ution �121-1973 directing publication
of hearing on proposed assessment roll for 1973 Service Connections. Seconded
by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Lei61 declared
the motion carried unanimously.
RESOLUTION #122-1973 - DIRECTING THE ISSUANCE OF TEMPORARY IMPROVEMENT BONDS
IN CC RD NCE WITH AWS OF 857, C PTE 385, SANITARY SEWER, W TER ND
5 RM SEWER IMPROVEMENT PR � C
MOTION by Councilman Breider to adopt Resolution #122-1973 directing the
issuance of temporary improvement bonds in accordance with laws of 1957,
Chapter 385 for Sanitary 5ewer, Water and Storm Sewer Improvament Project
No. 102. Seconded by Councilman Utter. Upon a voice vote, all voting aye,
Mayor Liebl declared the motion carried unanimously.
RE50L117I0N #123-1973 - DIRECTING THE SALE AND PURCHASE DF TEMPORARY
MOTION by Councilman Breider to adopt Resolution �t123-1973 directing the
sale and purchase of temporary improvement bonds in accordance with laws
of 1957, Chapter 385 for Sanitary Sewer, Water and Storm Sewer Improvement
Project No. 102. Seconded by Councilman Nee. Upon a voice vote, all voting
aye, Mayor Liebl declared the motion carried unanimously.
RESOLl1TI0N #124-1973 - DIRECTING THE ISSUANCE OF TEMPORARY IMPROVEMENT BONDS
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MOTION by Councilman Bre�der to adopt Resolution #124-1973 directing the
issuance of temporary improvement bonds in accordance with laws of 1957,
Chapter 385, for Street Improvement Project No. 1973-1 and ST. 1973-2. Seconded
by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared
the motion carried unanimously.
UTION #125-1973 - DIRECTING THE SALE A
F TEMPDRARY IMP
MOTION by Counr.ilman Utter to adopt Resolution #725-1973 directing the sale
and purchase of temporary improvement bonds in accordance with laws of 1957,
Chapter 385, for Street Improvement Project ST. 1973-1 and ST. 1973-2. Seconded
by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared
the motion carried unanimously.
ON #126-1973 -
THE PUBLIC
.,, �,
FU D AND REFUN ING BONDS FUND:
TO
MOTIDN by Councilman Nee to adopt Resolution #126-1973. Seconded by Councilman
Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion
carried unanimously.
APPOINTMENTS: CITY EMPLOYEES:
NAME
POSITION SALARY EFFECTIVE DATE REPLACES
�� �
Evelyn Loomis Clerk-Typist $450 per August 30, 1973 Elinor 7hoennes
6455 VanBuren Fire Dept. month
Fridley, Minnesota
MOTION by Councilman Utter to appoint Ms. Evelyn Loomis, Clerk-Typist in the
Fire Department effective August 30, 1973. Seconded by Counclman Breider.
Upon a voice vote, all voting aye, Mayor Liebl declared the motion carr9ed
unanimously.
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REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973 PAGE 17
APPOINTMENT• BOARD OF APPEALS: HUMAN RELATIONS COMMITTEE:
MOTION by Councilman Breider to table the appointment to the Board of Appeals.
Se¢onded by Councilman Utter. Upon a voice vote, all voting aye, Mayor
Liebl declared the motion carr7ed unanimously.
MOTION by Councilman Starwalt to appoint Mr. Robert C. Erickson, 5950
Benjamin St. N. E., 789-0365, to the Human Rela'tions Committee until April 1,
1974. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor
Liehl declared the motion carried unanimously.
CLAIMS:
GENERAL 33005 - 33189
LIQUOR 8122 - 8180
MOTION 6y Councilman Starwalt to approve the claims. Seconded by Councilman
Breider. Upon a vofce vote, all voting aye, Mayor Liehl declared the motion
carried unanimously.
LICENSES: -
MULTIPLE DWELLING LICENSES:
OWNER ADDRESS
Bruce B. Brazil 5770 2nd St. N. E.
5978 4th St. N. E.
Fridley, Minnesota
Spencer J. Sokolowski 5801 2nd 5t. N. E.
for Berton Cross
5801 2nd St. N. E.
Fridley, Minnesota
�ohn Kassulker 6530 2nd St. N. E.
Rt. 2, Box 124
Onamia, Minnesota
Sidney & Donna Dahl 6551 2nd St. N. E.
5210 Buchanan St. N.E.
Gary G. Novak 5820 2z St. N. E.
5315 4th St. N. E.
John D. Mtller 4965 3rd St. N. �.
47 Rice Creek Way
Fridley, Minnesota
Francis de Ridder 5320 4th St. N.E.
7917 37th Avenue N.
New Hope, Minnesota
Richard We7k 5974 3rd St. N.E.
4090 Decatur Ave. N.
New Hope, Minnesota
UNITS FEE
8 $15.00
4 15.00
4 15.00
7 15.00
4 15.00
11 16.00
4 15.00
4 15.00
Vernon L. Dean 5347-49 4th St. N.E. 3
11600 Kentucky Ave. N.
Champlin, Minnesota
Lallerne M. Bauer 580� 4th St. N. E.
2217 40th Avenue N. E.
Minneapolis, Minnesota
Glenn Mostoller 5420 5th St. N. E.
7632 Bryank Ave. S.
Richfield, Minnesota
4
rq
15.00
15.00
15,00
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APPROVED BY
R. Aldrich
Fire Prev.
R. Aldrich
Fire Prev. �
R. Aldrich
Fire Prev.
R. Aldrich
Fire Prev.
R. Aldrich
Fire Prev.
R. Aldrich
Fire Prev.
R. Aldrich
Fire Prev.
R. Aldrich
Fire Prev.
R. Aldrich �
Fire Prev.
R. Aldrich
Fire Prev.
R. A7drich
Fire Prev.
N
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REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973
MULTIPLE DWELLING LICENSES CONTIN�ED:
NAME OF OWNER A�DRESS
—�—
Irving 5. Efron 262 57th Place N.E
3025 S. Salem Ave.
Minneapolis, Minnesota
Holmquist Enterprises 450 75th Ave. N. E
3608 Admiral Lane
Minneapolis, Minnesota
Holmquist Engerprises 476 75th Ave, N. E
3608 Admiral Lane
Mtnneapoiis, Minnesota
Irving Gunderson 5960-5989 Anna St
5980 Anna Ave. N. E.
Fridley, Minnesota
UNITS
8
11
11
33
Capital Contracts, Inc. 5701 Central Ave. N. E.32
7.90 5. Cleveland
St. Paul, Minnesota
Maurice M. Filister 5640 East River Rd
5750 East River Road
Maurice M. Filister 5660 East River Rd
5750 East Rtver Road
Maurice M. Filister 5680 East River Rd
5750 East River Road
Maurice M. Filister 5720 East River Rd
5750 East River Road
Maurice M. Filister 5740 East River Rd
5750 East River Road
P4aurice M. Filtster 5760 East River Rd
5750 East River Road
Maurice M. filister 5780 East River Rd
5750 East River Road
Maurice M. Filister 5800 East River Rd
5750 East River Road
Maurice M, Filister 5820 East River Rd
5750 East River Road
Maurice M. Filister 5840 East River Rd
5750 East River Road
Maurice M. Filister 5860 East River Rd
5750 East River Road
Capital Contracts, Inc. 5950 East River Rd
790 5. Cleveland
St. P�ul, Minnesota
Hirsch Brothers 6550 East River Rd. 140
9120 Neill Lake Rd.
Eden Prairie, Minnesota
Ronald Shelton 140 Mississippi Pl
8706 Grospoint Ave. S.
Cottage Grove, Minnesota
Capital Contracts, Inc. 995 Lynde Drive
790 5. Cleveland
St. Paul, Minnesota
PAGE 18
FEE APPROVED BY
$15.00 R. Aldrich
Fire Prev.
16.00 R. Aldrich
Fire Prev.
16.00 R. Aldrich
Fire Prev.
38.00 R. Aldrich
Fire Prev.
37.00 R. Aldrich
Fire Prev.
42 47.00
42 47.00
42 47.OD
42 47.00
42 47.00
42 47.00
42 47.00
42 47.00
42 47.00
42 47.OD
42 47.00
12 17 00
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32
R. Aldrtch
Fire Prev.
R. Aldrtch
Fire Prev.
R. Aldrich
Fire Prev.
R. Aldrich
Fire Prev.
R. Aldrtch
Fire Prev.
R. Aldrich
Fire Prev.
R. Aldrich
Fire Prev
R. Aldrich
Fire Prev.
R. Aldrich
F7re Prev.
R. Aldrich
Fire Prev.
R. Aldrich
Fire Prev.
R. Aldrich
Fire Prev.
146.00 R. Aldrich
Fire Prev.
15.00 R. Aldrich
Fire Prev
37.00 R. Aldrich
Fire Prev.
�?'�
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REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973 PAGE 19
MULTIPLE DWELLING LICENSES CONTINUED:
NAME OF OWNER ADDRESS UNITS FEE APPROVED BY
Eugene Lashinski 4030 Main St. N. E. 4 $15.00 R. Aldrich
1035 Polk Place N. E. Fire Prev.
A. C. Mattson 120 Mississippi Place 4 15.OD R. Aldrich �
6320 Riverview Terrace Fire Prev.
A. T. Gearman 5650 Polk St. N. E. 32 37.00 R. Aldrich
6225 University Ave. N. E. Fire Prev.
Fridley, Minnesota
Richard H. Veth 6071 3rd St. N. E. 3 15.00 R. Aldrich
6071 3rd St. N. E. Fire Prev.
Fridley, M�nnesota
Otto G. Westenfield 110 61st Ave. N. E. 8 15.00 R. Aldrich
5830 5th St. N. E. Fire Prev.
Fridley, Minnesota
Elbert Staples 321 79th Way N. E. 4 15.00 R. Aldrich
1716 E. 58th St. Fire Prev.
Minneapolis, Minnesota
Leonard �acobsen 6379 Highway #65 8 15.00 R. Aldrich
1408 Frankson Ave. Fire Prev.
St. Paul, Minnesota
CIGARETTE: BY APPROVED BY FEE
Casino Royale �
6225 Highway 65 N. E. Francis L. Mager Public 5afety Director $12.00
Fridley, Minnesota
P�BLIC DRINKING PLACE:
Casino Royale Francis L Mager Public Safety director $100.00
6225 Highway 65 N. E.
Fridley, Minnesota
TAVERN:
Casino Royale Francis L. Mager Public Safety birector $12.00
6225 Highway 65 N. E.
Fridley, Minnesota
ON SALE BEER:
Casino Royale Francis L. Mager Public Safety Director $120,00
6225 H�ghway 65 N. E.
Fr�dley, Minnesota
FOOD ESTABLISHMENT:
Casino Royale Francis L. Mager Community Development Adm. $16.64 ,
6225 Highway 65 N. E. prorated
Fridley, Minnesota
MOTSON by Councilman Utter to approve the licenses. Seconded by Councilman
Breider. Upon a voice vote, all votrng aye, Mayor L�ebl declared the mntion
carried unanimously.
Mayor Lieb7 said the establishment now called the Casino Royale has new
ownership and will be called Pollies.
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REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973
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PAGE 20
CONSIDERATION OF A REQUEST BY TOTINO'S FOODS, INC., FOR A TEMPORARY TRAILER
PERMIT FOR A PERIOD OF ONE YE R 0 E USE 5 N OFFICE
MOTION by Councilman Utter to approve the trailer permit for Totino's Foods.
Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor
Liebl declared the motion carried unanimously.
' ESTIMATES:
Keyway Builders,
255 Highway 55
Hamel, Minnesota
�
Inc.
55340
PARTIAL Estimate #6 for Fridley Liquor Store from
�une 23, 1973, to August 10, 1973
George M. Hansen Company
175 South Plaza Bui7ding
Minneapolis, Minnesota 55416
1972 Audit for City of Fridley
Village of New Brighton
803 5th Avenue N. W.
New Brighton, Minnesota 55112
Fridley's Share of Improvement of 5tinson Blvd
16th Street to 18th St. N. W. (ST. 1972-1)
Allied Blacktop Company
3601 48th Avenue N.
Minneapolis, Minnesota 55429
FINAL Estimate #2 for Street Improvement Prn�ect
ST. 1973-10 (Seal Coat) according to contract
Progressive Contractors, Inc.
Box 368
Osseo, Minnesota 55369
Partial Estimate #8, Street Improvement Project
ST. 1972-2 (MSAP)
Partial Est�mate #9, Street Improvement Pro,7ect
ST. 1972-1
Carl Newquist, Prosecutor
5mith, Juster, Feikema, Haskvitz & Casserly
Builders Exchange Building
Minneapolis, M�nnesota 55402
For services rendered as Prosecutor - August
$ 10,149.83
3,700.00
27,753.87
1,594.31
94,266.56
24,802.32
1,695.00
MOTION by Councilman Utter to approve the estimates. Seconded 6y Councilman
Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the mot7on
carried unanimously.
� COMMUNICATIONS:
SUBURBAN LEAGUE OF MUNICIPALITIES: JOINING LEAGUE
Mayor Liebl thought that thts would be a waste of time with the City already
a member of cwo such Leagues. He said they are mem6ers of the Metro League
and State League and he did not think the City would have the money to join
another league. He added, he dtd not believe another community in Anoka
County belonged to the League.
Councilman Breider said he would not want the budget to increase for this
membership, and he thought there was too much money going to the various
leagues at the present time.
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REGULAR COUNCIL MEETING OF SEPTEMBER 1D, 1973
PAGE 21
Councilman Utter agreed and said he would not want to budget any money
for membership in the Suburban League.
Councilman Breider said if the City were involved in too many leagues,
nothing would be done.
MOTION by Councilman Breider to not �oin the Su6urban League. 5econded
by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl dec7ared
the motion carried unanimously.
SCHOOL DIS7RICT #14. NORTH PARK:
MOTION by Councilman Utter to receive the communication from the School
District #14 dated August 22, 7973. Seconded 6y Councilman Breider.
Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried
unanimously.
SCHOOL DISTRICT #11: NORTH PARK:
MOTION by Councilman Utter to receive the communication from School �istrict
#11 dated September 6, 1973. Seconded by Councilman Nee. �pon a voice
vote, all voting aye, Mayor Ltebl declared the motion carried unanimously.
COLUMBIA HEIGHTS: JOINT HIRING OF LEGISLATIVE LIAISON:
Mayor Ltebl said he has had a change of mind on the matter since it was
discussed previously and he feels the City would get more out of the Metro
League than they would from the hiring of another Legislative Liaison.
Councilman Utter said there had been an expendature of $750 last year for this
purpose. The City Attorney said this was a very small amount. Councilman
Starwalt said it has seemed like a good idea at the time.
MOTION by Councilman Utter to withdraw from the joint hiring of the Legislative
Liaison for the 1974 session of the Legislature and that the City Manager
prepare a letter of intent to Columbia Heights on the matter. Seconded by
Councilman Starwalt.
Councilman Breider said he thought this system would work effectively
if �e specific person was sought for the specific issue in question. The
City Attorney expressed concern that the Council may be closing the door
for the future when the services may be needed. Mayor Liebl said the City
did not have the money.
Mayor Liebl said the City obtains most of the needed information from the
Metro League and had not obtained much from Mr. Kennedy.
UPON A VOICE VOTE, all voting ayes Mayor Liebl declared the motion carried
unanimously.
Mayor Liebl said no money was to be budgeted for this purpose.
METRO COUNCIL RESCHEDULED MEETING WITH COUNCIL:
MOTION by Councilman Utter to receive and concur in the communication from
the Metro Council dated August 29, 1973. Seconded by Councilman Breider.
Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried
unanimously.
CITY OF MINNEAPOLIS
AN�
STATE OF MINNESOTA:
CAMDEN BRIDGE:
MOTION by Councilman Utter to receive the communication from the City of
Minneapolis dated August 29, 1973 and the communciation from the State of
M�nnesota dated August 3D, 1973, both regarding the Camden Bridge. Seconded
by Councilman Breider. Upon a voice vote, all vot�ng aye, Mayor Liebl
declared the motion carried unanimously.
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REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973 PAGE 22
METRO COUNCIL. APPOINTMENT OF ADMINISTRATIVE ASSISTANT FOR COMMUNICATION
WITH LOCAL ELECTE� OFFICIALS:
MOTION by Councilman Utter to receive the communication from the Metropolitan
Council dated August 29, 1973 regarding the appointment of an Administrative
Assistant. Seconded by Councilman Starwalt.
The Acting City Manager said this was an attempt an the part of the Metro
Council to improve communications with the various mum c�palities. This
would enable communities to call and get needed information and obtain
help with the various problems.
UPON A VOICE VOTE, all voting aye, Mayor L�ebl declared the motion carried
unanimously.
SCHOOL DISTRICT #16: NDRTH PARK:
M07ION by Councilman
#16 dated September 6,
Upon a voice vote, all
unanimously.
Breider to receive the communication from School District
1973 concerning North Park. Seconded by Councilman Nee.
voting aye, Mayor Lspbl declared the motion carried
MIRIAM F. FRIEND: WHAT IS MY OPINION REALLY WORTH?:
MOTION by Counc�lman Utter to receive the communication from Ms Miriam F.
Friend with no date. Seconded by Councilman Breider. Upon a voice vote,
all voting aye, Mayor Liebl declared the motion carried unanimously.
Mayor Ltebl said he would answer the letter if the Council concurred.
E OF CITIES. APPOINTMENT OF MAYOR LIEBL TO COMMITTEE ON MUNICII
MOTION by Councilman Nee to receive and eoncur in the letter from the National League
of Cities dated August 31, 1973 regarding the appointment of Mayor Liebl
to the Comm ttee on Municipal Government and Administration. Seconded by
Councilman Breider. Upon a voice vote, a11 voting aye, Mayor Liebl declared
the motion carried unanimously.
CONSIDERATION OF AN ORDINANCE DESIGNATING CREEK AND RIVER PRESERVATION DISTRICT,
REGULATING THE USE AN� DEVELO MENT THEREOF. THE ISSUANCE OF PERMITS, PROUI�ING
Mayor Lie61 said this ordinance would protect those in the flood plain by
allow�ng them to obtain insurance against flooding.
The City Engineer said the City would have 120 days to comply with the
request from the State and adopt the ordinance. He said the City would have
to adopt the ordinance to ena6le the people to get flood insurance. He said
they had expected this deadline and had made some modifications in the
proposed ordinance.
Councilman Utter stated there may be some difftculty selling structures within
the flood plain.
Councilman Breider thought it would be better to be able to obtain insurance
then to not have anything at all. He added, if the property were in the
Creek bed, the people would not be able to obtain a loan on it.
Councilman Utter questioned if an open meeting would be needed before the
adoption of the ordinance. The City Attorney advised the Council a public
hearing would be needed because this was a case of rezoning.
MOTION by Councilman Nee to table the matter until the next meeting of the
Counc�l when a public hearing would be set, Seconded by Councilman Utter
Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried
unanimously.
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REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973
A DATE FOR A WORKSHOP BUDGET MEETING OF THE CITY COU
PAGE 23
Councilman Utter suggested the workshop meeting on the budget be scheduled
for the following Tuesday evening, September 18, 1973 at 7:30 p.m.
Mayor Liebl said the meeting would be in the Community Room.
A�JOURNMENT:
MOTION by Councilman Breider to ad�ourn the meeting. Seconded 6y Councilman
Nee. Upon a voice vote,all voting aye, Mayor Liebl declared the motion
carried unanimously and the Regular Meeting of the Fridley City Council
of Septem6er 10, 1973 ad�ourned at 12:02 a.m.
Respectfully suhmitted,
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Patricia Ellis
Secretary to the City Council
�G� � ��. r 9 ��3
ate pproved '
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Frank G. Liebl Ma or
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