11/20/1972 - 00017008��, .,
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THE MINUTES OF TH� REGULAR COUNCIL MEETING OF NOVEMBER 20, 1972
The Regular Council Meeting of the Fridley City Council was called to order
at 7:40 P.M., November 20, 1972.
PLEDGE OF ALLEGIANCE:
Mayor Liebl led the Council and the audience in saying the Pledge of
Alle97ance to the Flag.
INVOCpTION:
The C7ty Manager, Gerald R, Davis, offered the Invocation.
ROLL CALL:
MEMBERS PRESENT: Lieb7, Utter, Mittelstadt, Breider, Starwalt
MEMBERS ABSENT: None
PRESENTATION OF AWARD: Certificate of Appreciation
Mr. John ivers - Fridlev Human Relations Committee
Mayor Liebl called Mr. Ivers forward and read the Certificate of Appreciation
aloud, then presented it to him with a thank you for his services from the
Counctl and wished him well in his endeavors with the Boy Scouts,
ADOPTION OF AGENDA:
Mayor Liebl said there was an additional communication that he would like to
have added to the Agenda from John �unphy regarding the need for railroad
crossin9 6linkers on Old Central Avenue.
MOTION by Councilman Mittelstadt to adopt the Agenda as amended, Seconded by
Councilman Breider, Upon a voice vote, all ayes, Mayor Liebl declared the
motion carried unan�mously.
VISITORS:
Mr, David Furness: Weyerhaeuser Co.
Mr. Furness explained that there is a license application for approval by the
Council from Had-A-Call Roofing in the Agenda. Due to circumstances within
their company, he would like to change the name on the license application
to Weyerhaeuser Co. and requested by David Furness, rather than Had-A-Call
Roofing requested 6y Wm. Huber. Weyerhaeuser Co, will still be subcontractin9
the �ob out to Had-A-Call Roofin9.
Mayor Liebl told Mr. Furness that this will 6e taken care of under the
consideration of approval of licenses.
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REG�LAR COUNCIL MEETING OF NOUEMBER 20, 1972
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AWARDING CONTRACT FOR WORKMEN'S COMPENSATION INSURANCE• (Btds Opened
November 3, 1972 at 1:30 P.M.
The following bidders have submitted bids for Workmen's Compensation
Insurance:
Insurance Agent
Cabanagh Insurance Agency
7232 Bass Lake Road
Minneapolis, Minn.
Employers Insurance of Wausau
7540 France Ave. So.
Minneapolis, Mtnn. 55440
P,M. Endsley Co.
Nicollet Mall @ 8th St.
Mtnneapolis, Minn.
Federated Mutual Ins.
Fridley, M�nnesota
(Earl L. Kommerstad)
Mahomen Ins. Agency
6315 University Avenue N.E.
Fridley, Minnesota
McNamara Ins. Agency
1324 E. Rose Ave,
St. Paul, Minn.
Miner McAlpin Agency Ins.
4230 Central Ave. N.E.
Minneapolis, Minn.
Rice Greek Ins, Agency
389 Rice Creek Terrace
Fridley, Minn.
American Agency Ins,
7900 Xerxes Ave. So,
Mtnneapolis, Minn.
Insurance Company
Represented
Northern Insurance of New York
Western Casualty & Security Co.
Employers Insurance of Wausau
Western Casualty & Security Co.
Reliance Ins. Co.
Firemans Fund Ins. Co.
Argonaut Ins. Co.
U.S. Ftdelity Guarantee Ins. Co.
Federated Mutual Ins. Co.
Iowa Nat'1. Mutual Ins, Co.
Aetna Ins. Co.
N.W. Nat'l. Ins. Co.
Atd Mutual Ins. Co.
Iowa Nat'1. Mutual Ins. Co.
Bituminous Mar�ne Ins. Co.
Western Nat'1. Mutual Ins. Co.
Allied Mutual Ins. Co.
The City Manager explained that since this is a very techn�cal area, the b�ds
were analyzed by Bachman-Anderson, Inc. and they have su6mitted their report
' as found in the Council Agenda. He then introduced Mr. P.A. Shanley, Vice
President of Bachman-Anderson, Inc.
Mr. Shanely said that for many years Fridley has purchased Workmen's
Compensation on a one year basis. This year bids were called for not only on
a one year basis, but also on a three year basis, because it was felt that
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REGULAR CO�NCIL MEETING OF NOVEMBER 20, 1972
PAGE 3
a three year contract would be beneficial to the City of Fridley. As the
bids came in, this fact became apparent. The three year bids on both ihe
retrospective bas�s and the sliding scale were the lowest. He would re-
commend the three year contract because of the lower cost and also it would
require less administrative time and the City wouldn't require his services
as often.
Mayor Liebl said that he noted in the recommendation that there would then be
instituted a safety program. �r. 5hanley said yes, the insurance could be
purchased on the proviso that Fireman's Fund will guarantee a m�nimum of
four safety meetings annually. It has been apparent that Fridley's ex-
perience has been excellent in some years and not so good in other years.
It �s hoped that the safety program would help to alleviate some of the
accidents that have happened and reduce the overall cost to the City.
Mayor L�ebl asked about the coverage; not only should the bids 6e examined
from the standpoint of low cost, but also good coverage. Mr. 5hanley
satd that all the companies bidding are reputable companies licensed to do
business in the State of Minnesota and there was very little to consider along
those lines, they all give good coverage. Each company is capable of
giving Fridley the service requested. He added that the rates should go
down during this three year period, barring another unfavorable loss, Mayor
Liebl asked the Purchasing Agent, Mr. Gordon Middag, if he concurred in the
recommendation and Mr, Middag replied that he d�d.
MOTION by Councilman Mittelstadt to accept the bids and award the contract
for workmen's compensation insurance for three years to P.M. Endsley, the
Sltding Scale Dividend Plan in Fireman's Fund, with a maximum three year
premium of $84,249. Seconded by Councilman Utter. Upon a vo�ce vote, all
ayes, Mayor Liebl declared the motion carried unanimously.
ORDINANCE #524 - AN ORDINANCE AMENDING ORDINANCE #435 RELATING TO THE SALE
MOTION by Councilman Breider to adopt Ordinance #524 on second reading, waive
the read�ng and order publtcation. Seconded by Counc�lman Mittelstadt.
Upon a roll call vote, Mittelstadt, Breider, Starwalt, Liebl and Utter
voting aye, Mayor L�ebl declared the motion carried unanimously.
RESOLUTION #135-1972 - A RESOLUTION RELEASING CE
MOTION by Counc�lman Breider to adopt Resolution #135-1973
Counci]man Utter.
FORFEI
Seconded by
Mayor Liebl wanted to make certain the three lots in Hamilton's Addition to
Mechanicsville are to 6e held and that the assessments on these lots in
the resolution are to be paid to the City. The Finance Director replied yes
to both questions.
THE �OTE UPON THE MOTION, being a voice vote, all ayes, Mayor Lie61 declared
the motion carried unanimously.
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REGULAR COUNCIL MEETING OF NOVEMBER 20, 1972 PAGE 4
MOTION by Councilman Breider to ta61e this item to the Meeting of December
4, 1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor
Ltebl declared the motion carrted unanimously.
Councrlman Breider said it appears the new situation outlined by the Metro-
poli�tan Counctl will increase Fridley's 1973 sewer charges by some $87,000,
and that it looks like the subur6an areas are to be taken again.
MOTION by Councilman Breider to become a party to the lawsuit with a maxi-
mum of $15Q0 allocated toward this endeavor. Seconded by Councilman
Mittelstadt.
Mayor Liebl asked the City Attorney if this was his recommendation. The
City Attorney replied that it was, & that $15D0 is a very small sum con-
sidering the amount of money the Metro Council is talkin9 about. If more
is needed, he would come 6ack for further authorization.
� THE VOTE UPON THE MOTION,being a voice vote, all ayes, Mayor Lie61 declared
the motion carried unanimously.
RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 8, 1972:
SPECIAL USE PERMIT REQUEST SP #72-15, BY LEE M. MUGGLI: Construct an
accessory building and eep existing garage per Code Q�5.061, 2A in an
R-2 zone on Lot 5& South 35 feet of Lot 4, Block 8, Hyde Park Addition
(6030 2nd Street)
The City Engineer reported the Planntng Commiss�on recommended approval su6-
�ect to the addit�on conforming to the architecture and fim sh on the outside
of the existing house and that the existing garage be in good condition. This
is in R-2 zoning,
MOTION by Councilman Mittelstadt to concur in the approval of the request by
Lee M. Muggli subject to the Planning Commission's stipulations. Seconded
by Councilman Breider, Upon a voice vote, all ayes, Mayor Liebl declared
the motion carried unanimously.
The City Engineer reported Item #2, a request by Ph�llips Petroleum Co, for
a Special Use Permit, is continued by the Planning Commission.
SPECIAL USE PERMIT REQUEST SP #72-17 BY �E WAYNE LENNDX: Lot 6, Block
� 5, Me o y Manor, vacant, aone R-7. Lot 5 zone R-2. Request to build
a double bungalow per City Code 45.051, 3D on Lot 6(R-1) & Lot 5(R-2)
Block 5, Melody Manor.
The City Engineer reported that this is a request to build a double bungalow
and because of the applicants reluctance to compromise, the Planning Com-
mission denied the request,
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REGULAR COUNCIL MEETING OF NOVEMBER 20, 1972
PAGE 5
MOTION by Councilman Breider to concur in the denial of the special use �
permit request by DeWayne Lennox. Seconded by Councilman Utter.
Mr, DeWayne Lennox said that he asked for the special use permit for the
double bunga}ow because he wanted to live in the unit on the corner of 74th
& Symphony & rent the other unit out, and he would tike to build 35' from
74th like the other bungalow. He would be opposed to putting this double
bun9alow 22' tn front of his other bungalow. He had told the neigh6ors
that he planned on building this house and swimming pool. One party dis-
approved because his back yard would face Mr. Lennox's.
The City Engineer showed the plans at the Council table and the location on
the overhead pro�ector. Mayor Liebl commented that it seemed the opposition
was because of the way the 6ungalow would face. Mr. Lennox said he did not
believe this was really the reason. He said he could put a double bungalow
on Lot 5 and he could build a house on Lot 6, however, he would rather not
because Lot 6 has a high water table and he knew of one house in the area
with a half-basement and they get water in their basement. Since he plans
on living there and he likes large back yards, he chose to build one
structure rather than two. He said he had asked the man across the street
and he said his plan was all right with him, he had also called Ed Chies
and he had no ob�ection, He said he did not present a petition because
he prefers to believe that a City Council would judge a plan on its merits
rather than public sentiment. He said he �ust 6ought these lots this year
and that he has a nephew that lives on the corner and he has 6een there for �
many years.
Mayor Liebl asked how much of an investment he was planning. Mr. Lennox
replied that the land was $11,000 and the double bungalow would be about
$50,000. The swimming pool would be over and above that. Mayor Liebl asked
the price range of the homes in this area and Councilman Breider estiinated
$35,000 to $40,000.
Councilman Breider said as he understood his plan, his back yard would front
on Symphony. Mr. Lennox said yes, then his back yard would be facing his
neigh6ors back yard, He said there are only he and his wife, and he plans
on two bedroom units, so there would be very few children; if he were to build
the double bungalow and a house besides, there could be more children
added to the neighborhood. Mr. Lennox said that his ob�ection to facing
Symphony was the contour of the land and because of all the trees that would
have to be removed. He said if the Council would like to postpone their
decis�on, he could have his legal counsel come to the meeting a�d perhaps
exp7ain the plan 6etter.
The City Eng�neer said that if the Council is considering some further
discussions, that it would be adv�sable to have a hearing and invite the
people in the area to attend.
Councilman Breider called for the question.
UPON A ROLL CALL VOTE, Liebl, Utter and Breider voting aye, Mittelstadt '
and Starwait voting nay, Mayor Liebl declared the motion carried,
REGULAR COUNCIL MEETING OF NOVEMBER 20, 1972 PAGE 6
� Mr, lennox said that he could build a double bungalow on Lot 5 and he would
sell his other bungalow. He said he has patd taxes to Fridley for a number
of years, and he could not see why these people should be able to dictate
to him how he should situate his house on his lot, and that he thou9ht the
men on the Council would settle this question more intellectua1ly. Some
of the people he questioned preferred his placement of the house and wanted
it facing 74th. He said this was a beautiful place for a double bun9alow.
He said that he could still build his double bungalow on Lot 5 and put a
single family home on Lot 6. Councilman Breider replied that would be fine,
there would be nothing wrong w�th his building a double bungalow and a single
family home; go ahead and do it, Mayor Liebl asked the City Manager to write
to Mr. Lennox explaining the Council feeling and his rights in regard to the
use of these lots,
VACATION REQUEST SAV #72-05, BY LEIF HENRIKSEN: To vacate 64 1/2 Way, the
cul-de-sac in Ueit s Addition and construct it as a private road.
MOTION 6y Councilman Mittelstadt to set the public hearing for this vacation
request for December 11, 1972. Seconded by Councilman Breider. Upon a
voice vote, all ayes, Mayor Lieb7 declared the motion carried unanimously.
The Ctty Engineer reported that the next four items of the Planning Com-
mission required no Council action at this time,
� COMPREHENSIVE PLAN F�R THE GITY OF FRIQLEY.
The City Engineer said that the Planning Commission will be setting their
public hearing date at their meeting of November 22nd, so they would appre-
ciate any comments or suggestions from the Council prior to the plan 6eing
presented to the public.
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MOTION by Councilman Mittelstadt to receive the Minutes of the Planning
Commission Meeting of November 8, 1972. Seconded 6y Councilman Utter.
Upon a voice vote, all ayes, Mayor Lieb] declared the motion carried
unanimously.
RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF NOUEMBER 14, 1972•
The City Engineer reported that Item #1, a request for a variance by Mr. Leo
Simonson, is still pendtng before the Board.
A REQUEST FOR VARIANCES OF: SECTION 45.134,4C, TO REDUCE THE REAR YARD
MOTION by Councilman Mittelstadt to approve the variances sub�ect to the Board's
stipulations, which were to screen the residenttal property with fencing and
that the plans are to be approved by the Building Standards - Design Control
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REGULAR COUNCIL MEETING OF NOVEMBER 20, 1972
PAGE 7
Subcommittee, and if approved,the stipulat�ons are to be made a part of the �
building permit, Seconded by Councilman Starwalt. Upon a vo�ce vote, all
ayes, Mayor L�ebl declared the motion carried unanimously,
MOTION by Counc�lman Utter to receive the Minutes of the Board of Appeals
Meeting of November 14, 1972. Seconded by Councilman Mittelstadt. Upon a
voice vote, all ayes, Mayor Liebl declared the motion carried unanimously.
CONSIDERATION OF INSTALLATION OF "WELCOME TO FRIDLEY" SIGN ON INNSB
The City Engineer explained that as part of the agreement with Viewcon, they
were to give Fridley an easement for this "Welcome to Fridley" sign. Since
the time the agreement was signed, there has been a change in State Statutes
which gives control of such signs to the Highway Department. Naegele's
have tried to get the sign perm�t but so far have been unsuccessful. Before
the Hi9hway Department will consider the permit, Fridley will have to rezone
the small area to comnercial or industrial zoning, & even then, the Highway
�epartment must concur and could refuse. The reason this is being brought
back tothe Council is to see whether the Ccuncil still wishes to follow
through on the process of rezoning to get this sign.
The City Attorney reported that he had talked to Mr. Naegele who told him
that in other com�rum ties they have gone throughi�e rezoning process in
order to meet the State Statutes, and have been successful in getting the �
permit from the Highway Department. What the City Engineer and he would
like to know �s �f the Council wants the s�gn badly enough to pursue th�s.
Naegele's are willing to build the s�9n and dedicate one side to Fridley
at no cost to the City, and they will advertise on the other stde.
Mayor Liebl said that he thought the two signs Fridley have now are very nice
and make a good impression for Fridley, and he would like to see this sign
installed too, if possible, The City Engineer said that if this is to be
followed through, there would be notices of the rezoning sent to the
neighboring property owners, including some south of I. 694. Councilman
Breider asked how such a piece of ground could 6e described. The City
Engineer said it would have to be by metes and bounds. Councilman Breider
asked how much would be needed and the City Engineer replied about 80 square
feet, Councilman Breider asked if this could not be done through asking the
State for a variance, The City Attorney explained that there is no provision
in the State Statutes for granting a variance, so he thought it would be
denied on the grounds that they have not the authority to grant one. He
asked how this spot was determined. The City Engineer said that this is the
break between the apartments and the residential, and it is also a high spot,
Further east the property is lower and the visibility would not be as good.
MOTION hy Counc�lman Starwalt that, as this �s the first indicatton you are
entering Fridley from the east, he would like to �e this pursued to see tf
it is feasible and if there are any objections. Seconded by Councilman �
Utter, Upon a voice vote all ayes, Mayor Liebl declared the motion
carried unanimously.
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REGULAR COUNCIL MEETING OF N04EMBER 20, 1972 PAGE 8
� RE50LUTION #1^36-1972 - OR�ERING IMPROVEMENT AND FINAL PLANS & SPECIFICATIONS
ESTIM TES OF THE COSTS THEREO : STREE IMPR VEMENT PROJECT ST. 1 73-1 &
Mayor L�ebl said that as the strongest ob�ections were from 41st & Calif-
ornia, he asked if Councilman Elect Nee had any ob�ect�ons to the streets
betng left in the resolution. Mr. Nee indicated he had none. Mayor Liebl
noted there are letters on record of the resident's ob�ections from this
area.
Councilman Mittelstadt sa�d in regard to streets numbered 10 thru 18 �n
Carlson's Summit Manor South Addition, there were a number of comments on
the residents want�ng the streei �mprovements held until after the sanitary
sewer and drainage is taken care of and they would like a guarantee that
it Will be taken care of before they wtll consider the street improvements.
He said if he had to he would delete these streets to make sure the sanitary
sewer is improved,
Mayor Lie61 said that the Administratton put together this packa9e includ�ng
the streets �n thls area. The City Engineer has said they would do every-
thing posstble to take care of the sanitary sewer problem. All uttl�ties
must be tn before any permanent street improv�ng is done,
The City Engineer said that as pointed out at the hearing, the line is laid
� at a very flat grade, There are limits to what can be done With the existing
line wtthout rebu�lding the whole system. He said his department plans on
televising the line, then they will report back to the Council on their
findtngs. The Council can then, based on the report, decide whether they
want the streets to be put in or not. To delete one small section would
not 6e advtsable, he would rather thave all the streets left in until the
report is in.
MOTION by Councilman Mittelstadt to adopt Resolution #136-1972 with the
following deletions:
41st Avenue• California Street to Main Street
California Street: 41st Avenue to 200 feet south
Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl
declared the motion carrted unanimously.
The City Eng�neer rem�nded the Council that when the 10 year street improve-
ment program was adopted, the poltcy since then has been that when a street
is deleted, it is put back into a pro,7ect two years later. He assumed that
the Council would want to continue this policy and the Counc�l indtcated
they would.
RESOLl1TI0N #137-1972 - TERMINATING PHASE II OF CIRCLE FLOW PORTION OF TRAFFIC
F OW PATTERN PROPOSAL IN HYDE PARK AD�ITION:
The City Manager suggested a small change in the resolutton, in the last
� paragraph, the last l�ne, He thought there should be a period after "one
way" and delete the words "when there is a need determined for such a change
by the City". This would make 2) read as follows• "That part of Third
Street as shown in attached Exhibtt "A" will be made one way." He satd he
thought the State would requtre it anyhow and he has been concerned with
the unsafe condittons of the trafftc situat�on in this area. He believed
th�s is what the people understood would happen at the meeting they attended,
and that now is the time to do it before a serious accident occurs
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REGULAR COUNCIL MEETING OF NOVEMBER 20, 1972
MOTION by Councilman Mittelstadt to adopt Resolution
change as suggested by the Citv Manager. Seconded by
Upon a voice vote, all ayes, Mayor Liebl declared the
unanimously.
PAGE 9
#137-1972 with the above
Councilman Utter.
motion carried
CONSIDERATION OF A REQUEST BY EDINA REALTY, INC. FOR BUYING OF TAX FORFEIT
L ND FOR PARKING LOT:
The City Engineer said that on Page 11A is a map showin9 the location of the
Skywood apartments and the tax forfeit land in question. They want to
improve their parking facilities and he understood there were some time limit
problems.
The City Attorney said that there were some problems with the proposal of
Edina Realty. They would like the City to buy the tax forfeit land, then
sell it to them for the same price, however, there are provisions in the
Charter setting out certain procedures for d�spostng of any surplus real
estate, Another problem with this is if the City were to start picking up
tax forfeit lots, then reselling them to people requesting them, this would
be circumventing the bidding procedure the 5tate requires the County to go
through.
Mayor Liebl agreed and said the City �s not in the real estate business,
aithough he realized that this apartment complex did need more parking
space. He asked if this lot is ene covered in the resolution the Council
just passed that will be sold at the public auction very soon. The Finance
Director said yes, it is the first one listed. Mayor Liebl informed the
gentleman from Edina Realty that the Counc�l has already acted to release
that lot, so there is nothing the Council could do now anyhow. The City
Attorney added that he would be better advised to act through the County
when they become available. Before the City could do anything, the lot would
have to be declared surplus property by ordinance and published and this
would take considera6le time.
The gentleman from Edina Realty said that the reason he made this request
was on the suggest�on of Mr, LeFebvre, County Auditor. He met with him and
because Fridley had not released the tax forfe�t 7ots, he could do nothing.
He said the lot has been used for some time and in discussing their parking
problems w�th the City Hall Staff, they have found that they do not even
own the lot, and they cannot expand upon land they do not own. He said that
since the lots have been released, he will work through the County Auditor.
The City Attorney added that he was sure they could use the lot until they
purchased it through the auction and no one would mind.
APPOINTMENTS: (CITY EMPLOYEES)
Name
Pat Ellis
6641 Channel Road
Juel A. Mercer
Herbert R, Ztmmerman
Posttion
Counc�l
Secretary
Effective Date Salary
Nov. 20, 1972
Engineering
Secretary Jan
Patrolman Dec
1, 1973
4, 1972
$570
per month
$693
per month
$811
per manth
Replaces
Juel A. Mercer
Hazel 0'Brian
Norman Pomerleau
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REGULAR COUNCIL MEETING OF NOVEMBER 20, 1972
PAGE 10
� The City Manager explained to the Council that these appointments have been
recommended for approval by the Staff. The first lady, Pat Ellis, w�ll be
replacing �uel Mercer as Counctl Secretary as she is transferring into the
Engineering Department to take the place of Hazel 0'Brian, who is retiring,
as the Secretary to the City Engineer. He then introduced Pat Ellis to the
Council and said that she is a very well qualified secretary. Mr, Herbert
Zimmerman is number one on the Civil Serv�ce list and will replace Norman
Pomerleau.
MOTION by Councilman Utter to concur in the foregoing appointments. Seconded
by Councilman Mittelstadt. Upon a vo�ce vote, all ayes, Mayor Liebl dec-
lared the motion carried unantmously.
CLAIMS;
MOTION by Councilman Mittelstadt to approve payment of General Claims ¥30130
thru '�30279 and Liquor Cla�ms #7203 thru #7243. Seconded by Councilman Utter.
Upon a vo�ce vote, a11 ayes, Mayor Ltebl declared the motion carried
unanimous7y.
CONSIDERATION OF APPROVAL OF UERN DONNAY CONTRACTOR`S LICENSE�
Mayor Liebl called upon Mrs. Dave Haugen in the audience, who has had some
complaints against 1lern Donnay Construction Company's workmanship.
� Mrs, Dave Haugen, 555 57th Avenue N.E., said they have had the�r house for
about two years and their cathedral ceilin9 is cracking. Vern Donnay Cons-
truction came out and patched it but the patch shows. There ts also a
moisture statn in the entryway in the ceiling. The walls in the closet
were stained also because they failed to put a vent a6ove the closet, The
Company put tn the vent, but they st111 have the stains, Where the tap�ng
was done over the studs, the na�ls and tape show and although they have
pa�nted over it, and so has Vern Donnay Construction, the ,7o�nts still show.
The first time she painted it, it was upon the recommendation of Darrel
Clark, the second time Vern Donnay did it, but the nails still look like
they are sticking out of the wall. She sa�d if she were to go into a home
thinking of buy�ng it, the first things she would look at are the ceilings
and the walls,
The City Engineer explained that the problem here is not with any Code
violat�ons, but wtth workmanship. They have corrected everyth�ng they must
to meet the Code and there is nothing more the City can enforce. This ts
more of a dispute between the builder and the home owner.
The Ctty Attorney advised that tf the dispute is tn the quality of workman-
ship, the Council should not get itself into the position of acting as a
,7udge and �ury. For a very nominal fee, the matter can be settled by a
,7udge in conciliatton court, if the problem cannot be resolved between the
� two parties.
Mayor Liebl said that the City Counctl has the right to refuse a license if
a company is not do�n9 a good �ob, hut there must be a very good reason, Mrs.
Haugen said that they did come out and put in a larger furnace. The City
Engineer said yes, they took care of all the Code violations and these are
complatnts on the quality of the work. Vern Donnay now wants to build two
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REGULAR COUNCIL MEETING OF NOVEMBER 20, 1972
PAGE 11
more homes, this �s the reason for the request for a license. Mrs. Haugen
corrrrnented that both Darrel Clark and Mr, Madison of Uern Donnay Construction
said that they would not want these walls in their home.
MOTION by Councilman Utter to instruct the Butlding Inspector to make a
f�nal inspection of 555 57th Avenue N.E. thts week. Seconded by Councilman
Starwalt. Upon a voice vote, all ayes, Mayor Liebl declared the motion
carried unanimously.
MOTION by Counc�lman Mittelstadt to approve the renewal of the contractors
iicense for Vern �onnay Construction for the 1972 - T973 iicensing period.
Seconded 6y Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl
declared the motion carried unanimously.
Mayor Liebl asked how they were doing on their 235 homes. The City Engineer
reported they are meeting the bare minimum required in the Code.
LICENSES:
General Contractor
Weyerhaeuser Co,
W. 9th Street
Albert Lea, Minn
Hagen Builders Co., Inc.
17960 Ermine Blvd. N.W.
Anoka, Minn,
By: David Furness
By: Arthur Hagen
Johnson Siding Company
4102 30th Ave. So,
Minneapolis, Minn. By
Beverly Johnson
David M. Taylor Remodeling
6319 19th Avenue
Champlin, Minn. By: David M. Taylor
Russell Builders, Inc.
5500 83rd Ave. No.
Brooklyn Park, Minn,
Heat�ng
The K�mball Company
2480 University Ave,
St. Paul, Minn,
Siqn Erector
By: Donald Russell
By: G. Richard Palen
Kaufman Outdoor Adv. Co.
315 Washington Ave. No.
Minneapolis, Minn. By
Mr. Kaufman
Approved By
Clarence Beiisle
Clarence Belisle
Clarence Belisle
Clarence Belisle
Clarence Belisle
William 5andin
Clarence Belisle
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REGULAR COUNCIL MEETING OF NOVEMBER 20, 1972
LICENSES CONTINUED.
Employee's Liquor
Dispensing
Shorewoad Inn.
6161 Highway #65
By: Carol Lynne Soulak
Roxanne C. Zeilinger
,loAnn Linda Wilber
Max�ne N. Whitney
Barbara G. Welch
Elaine E. Stogsdill
Mary Jo Skull
Constantine V. Peregakis
Georgia M, Pedlar
Patricia Marie Joachtm
Jeanne Carol Hanson
Irene R. Gustafson
Glen A. Baggenstoss
Food Establishment
Gold Medal Beverage
6431 University Ave.
Fridley
Kentucky Frted Chicken
751D University Ave.
Frtdley
Cigarette
Kentucky Fried Chicken
751D University Ave.
Fridley
Tom Thumb Food Market
315 Osborne Road
Fridley
Christmas Tree
Donald Chies
1100 - 1150 73 1/2 Ave,
Fridley
Ernest Fitch
280 Mississippi Street
Holiday Village North
250 57th Ave.
Target Store
755 53rd Avenue N.E.
Frostop Drive-Inn
7699 Highway #65
Gold Medal Beverage Co
Kentucky Fried Chicken
Kentucky Fried Chicken
Tom Thum6 Food Market, Inc
Sherman Hanson
Approved By
Pu61ic Safety
Director
Health Insp
Health Insp
Pub7�c Safety
Director
Pu61ic Safety
��rector
Fire Insp
Fire Insp
Fire Insp
Fire Insp
Ftre Insp
PAGE 12
Fee
$ 5.00 each
$65,00 total
$ 5.00
$25.00
$12,00
�12.�0
$110.00
$110.00
$110.00
$110.00
$110.00
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REGULAR COUNCIL MEETING OF NOUEMBER 20, 1972
LICENSES CONTINUE�.
Food Esta6lishment
Tom Thumb Food Market
315 Os6orne Road
Off-Sale Beer
Tom Thumb Food Market
315 Osborne Road
Garbage Pick-Up
Modern Services, Inc.
P.O, Box 4445
Minneapolis, Minr.
Service Station
Modern Services, Inc
Northtown Standard Robert R. Rabe
7609 University Ave. N.E.
PAGE 13
Approved By Fee
Health Insp. $12.50
(Subject to prorated
final inspection)
Health Insp.
Public Safety
Director
Health Insp.
Robert
Aldrich
$15.00
$25.00
$30.00
MOTION by Councilman Breider to approve the foregoing ltcenses. Seconded
by Councilman Mittelstadt. Upon a voice vote, all a,yes, Mayor Liebl
declared the motion carried unanimously.
MULTIPLE DWELLINGS
Owner Address Units Fee Approved By
J.W. Lindholm 5924 2 1/2 St. 4 $10 Robert Aldrich
2529 Parkview Blvd,
Mpls „ Minn. 55422
Parlon Co.
1675 Grand Ave.
St, Paul, Minn.
361 74th Ave. 8 10 Robert Rldrich
Chris Jelevarov
160 Mississippi Place
Apartment #1
Fridley, Minn. 55432 160 Mississippi Pl. 4
Maurice M, Filister
5750 East River Road
Fridley, Minn. 5660 East River Road 42
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5760 East River Road
5750 East River Road
5780 East River Road
5800 East River Road
5820 East River Road
5840 East River Road
5860 East River Road
42
42
42
42
42
42
42
10 Robert Aldrich
42 Robert Aldrich
42
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42
42
42
42
42
Robert Aldrich
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REGULAR COUNCIL MEETING OF NO�EMBER 20, 1972
� MULTIPLE DWELLING LICENSES CONTINUED:
Owner Address
Eugene Lashinski
1035 Polk St, N.E.
Mpls „ Minn. 54421 4030 Main St. NE
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Marc Anderson
401 Bushaway Rd.
Wayzata, Minn, 55391
321 79th Way N.E.
Peter Neururer
7125 �ersey Ave. No,
Mpls „ Mtnn, 390 57th Place
Raymond Peterson
5900 Washburn Ave. No.
Mpls., Minn. 55430 5428 5th St. NE
PAGE 14
Unit Fee Approved By
4 $10 Robert Aldrich
8 10
4 10
4 10
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�ohn Matti
44 Locke Lake Rd.
Fridley, Minn. 6551 East River Rd. 11 11 " "
MOTION by Counctlman Mittelstadt to approve the multiple dwelling licenses
as submitted. Seconded by Councilman Breider. Upon a voice vote, all ayes,
Mayor Liebl declared the motion carried unanimously.
ESTIMATES:
Weaver, Talle & Herrick
316 East Main Street
Anoka, Minnesota 55303
Billing Dated November 14, 1972
Serco Laboratories
Sanitary Engineering Laboratories, Inc.
3105 E, 42nd Street
Minneapolis, Minnesota 55406
For Professional Serv�ces Rendered in Conducting
a Study of the Fridley Water System August 21 &
September 1, 1972
Suburban Engineering, Inc.
6875 Highway #65 NE
Minneapolis, M�nnesota 55432
Inspection Time through 10-28-72 for Innsbruck North
Pro,7ect #103. PARTIAL Estimate #21
Comstock & Davis, Inc.
Consulting Engineers
1446 County Road J.
Minneapolis, Minnesota
55432
$ 2,408.60
$ 1,718.81
$ 1,695.58
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REGULAR COUNCIL MEETING OF NOVEMBER 20, 1972
PAGE 15
PARTIAL Estimate #10 for the Furnishing of Restdent
Inspection & Resident Supervis�on for the Staktng Out
of the Construction Work for Sanitary Sewer & Water
Improvement Pro�ect #102 From Oct. 2 Thru Oct. 26, 1972 $ 2,878.68
MOTION by Counc�lman Breider to approve payment of the estimates as su6-
mitted, Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes,
Mayor Liebl declared the motion carried unanimously.
RECETVING COMP1UNICATION FROM DYGERT & �YGERT IN OPPOSITION TO STREET IMPROVE-
MOTION by Councilman Mittelstadt to receive the communication from �ygert
& Dygert dated November 16, 1972, Seconded by Councilman Utter. Upon a
voice vote, all ayes, Mayor Liebl declared the motion carried unanimously.
RESOLUTIQN #138-1972 - QPPOSING THE CaMMISSI�NER OF 7AXATION EXERCISING
ND E DISCRETION IN DETERMINING THE T PES AND LE ELS F SERVICES T BE
PROVIDED BY LOCAL UNITS OF GOVERNMENT:
Mayor Liebl asked the City Manager to read the resolution aloud, which
he did, with the comment that this resolution supports the League of
Minnesota Municipalities and deals with the rules which have been formulated
in regard to tax levy limits. There is an undue amount of discretion on
the part of the Corrmiss�oner of Taxation built into these rules.
MOTION by Councilman Mittelstadt to adopt Resolution #138-1972. Seconded
by Councilman Utter. Upon a vo�ce vote, all ayes, Mayor Liebl declared
the motion carried unanimously.
CONSIDERATION OF APPROVAL OF FOUNDATION PERMIT REQUEST CONTINGENT UPON
BUILDING STANDAR�S - DESIGN CONTROL RECOMMENDATIONS FOR BRYANT - FRANKLIN
CORPORATION, LOCATED AT 79TH AVENUE AND BEECH STREET:
The City Engineer explained that Bryant -
for a foundation permit so they can start
because the weather will not stay nice ver
get as much done as possi6le. The plans w
at their next regular meeting after 6eing
�esign Control Subcommittee. They will be
the east side w�ll ba block.
Franklin Corp. is askin9 approval
their construction right away,
y much longer, and they wanted to
ill be coming back to the Council
reviewed by the Building Standards
putting brick on three sides and
MOTION by Councilman Breider to approve the foundation permit for Bryant -
Franklin Corporation contingent upon approval by the Building Standards
Design Control, and with the understanding the plans will be coming back to
Council for final revtew the fi rst meeting in December. Seconded by
Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the
motton carried unanimously.
RECEIVING CON�'4UNICATTON FROM JOHN DUNPHY REGARDING NEE� FOR RAILROAD
C 55ING BLINKERS ON OLD CENTRAL:
MOTION by Councilman Mittelstadt to receive the communication from John
Dunphy dated Nov. 17, 1972. Seconded by Councilman Utter. Upon a voice
vote, all ayes, Mayor Liebl declared the motion carried unantmously.
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REGULAR CO�NGIL MEETING OF NOVEMBER 20, 1972
PAG� 16
� Mayor Liebl said he believed the City Administration should take the necessary
steps to get blinkers installed on Central at the railroad crossing. The
tra�ns have increased in the past four years. Councilman Utter added that
the trains approach at an angle so it is difficult to see the lights. The
City Attorney said that the proper governmental agency w�th which to start
would be the Public Service Commission,
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RECEIVING COMMUNICATION FROM FRIDLEY RESI�ENTS FOR ACTION WISHING TO ENLIST
THE COUNCIL S SUPPORT FOR THE EST B I H EN F N T RE CE TER IN N RTH PARK•
MOTION 6y Councilman Utter to rece�ve the communication from the Fridley
Res�dents for Action dated November 15, 1972 and s�gned by Mary Ellen Black
Seconded by Counctlman Breider. Upon a voice vote, all ayes, Mayor Liebl
dec1ared the motion carried unanimously.
RECEIUING PETITION �22-1972 - REQUESTTNG RECONSIDERATION OF COUNCIL DECISION
MOTION by Councilman Breider to receive Petition #22-1972. Seconded by
Councilman Utter, Upon a voice vote, all ayes, Mayor Liebl declared the
motion carried unanimously.
l�JOURNMENT:
MOTION by Councilman Mittelstadt to adjourn the Meeting. Seconded by Council-
man Utter. Upon a voice vote, all ayes, Mayor L�ebl declared the motton
carried unanimously and the Regular Counci7 Meeting of November 20, 1972
adjourned at 9.30 P.M
Res tfully su mitted,
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Juel A. Mercer
Secretary to the City Council
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Frank G. Liebl
Mayor