10/02/1972 - 00017104�GLd
THE MINUTES OF THE REGULAR COUNCIL MEETING OF OCTOBER 2, 1972
The Regular Council Meeting of the Fridley City Council was convened at 7:45
P.M., October 2, 1972.
PLEDGE OF ALLEGIANCE:
Mayor Liebl 1ed the Council and the audience in saying the Pledge of Allegiance
to the Flag.
INVOC�ITION :
City Manager, Gerald R Davis, offered the Invocation.
ROLL CALL
MEMBERS PRESENT Liebl, Utter, Mittelstadt, & Breider
MEMBERS ABSENT. None
APPROVAL OF THE MINOTES OF THE REGOLAR COUNCIL MEETING OF SEPTEMBER 11, 1972.
MOTION by Councilman Mittelstadt to adopt the Minutes of the Regular Council
Meeting of September 11, 1972 as submitted. Seconded by Councilman Breider.
Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously.
APPROVAL OF THE MINUTES OF THE SPECIAL PUBLIC HEARING MEETING OF SEPTEMBER
18, 1972
MOTION by Councilman Mittelstadt to adopt the Minutes of the Public Hearing
Meeting of September 18, 1972 as written. Seconded by Councilman Breider.
Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously.
ADOPTION OF AGENDA;
Mayor Liebl said that Item #12 - A Resolution Recertifying Special Assessments
(Minnesota Transfer Railway Co.) was to be tabled.
P10TION by Councilman Breider to adopt the Agenda as amended. Seconded by Council-
man Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion
carried unanimously
VISITORS.
Mr. Maurice Filister Approval of Registered Land Survey, R.L.S. #69-D4.
Mr. Filister said that he is appearing once again before the Council to get his
registered land survey approved. He said he understood from his attorney that
the City has no basis for refusal unless there is something wrong with the
survey. If there is nothing wrong, it is simply a matter of procedure. Mayor
Liebl said that Mr. Filister came before the Council when he was the Third
Ward Councilman and also when he was P7ayor. As he recalled, Mr. Filister
wanted his land split for the purposes of his financing.
CJ
�
L�'
r
REGULAR COUNCIL MEETING OF OCTCBER 2, 1972
PAGE 2
, Mr. Filister said that his property is financed by three different companies
Each mortgage company wants to own the land on which the structure sits. He
would like also to have the assessments split. As it is now all the assessments
are on one parcel of land, naturally the mortgage company does not approve of
that. Mayor Liebl asked if he was the owner and Mr. Filister replied yes,
sole owner.
Mayor Lieb1 said that in regard to the Crty taking over the maintenance of the
utilrties, he could not agree with that, however, as far as his registered land
survey is concerned, he would have no ob�ections, as long as it is properly
drawn. He asked the City Engineer why this has been held back. The City Engineer
said that this item has been considered by Council a number of times. He and the
City Attorney were directed by the Council to meet with Mr. Filister and his
attorney to try to resolve the problems. He did meet with Mr. Filister and
his attorney and the items the City is requesting of Mr. Filister and those
Mr. Filister is requesting of the City were discussed. Mr. Filister's
attorney recommended that Mr. Filister grant the City`s request, then Mr
Filister said that he had better get himsel£ another lawyer The City Engineer
said that he has not discussed this with him since then.
Mayor Liebl said that he did not believe that either Mr Filister or the City
should use something like this as leverage. Mr. Filister is a tax payer in the
City and if the Council asked his cooperation for the benefrt of his property,
he should give it. There should be mutual cooperation and wor]<ing together to
' solve this problem. He could see no reason this survey should be held in
abeyance and that he would recommend granting approval, providing the survey
is proper in all engineering aspects. Mr. Filister commented that these were
the nicest words he has heard for many years from the Council. He had always
considered withholding approval as blackmail so the City could get what rthey
wanted, and this is the first time he has heard something that sounds reasonable.
He said if the Council wi11 work with him, he will surely work with them.
Councilman Breider said that he understood Mr. Filister"s problem, and the City`s
problem, but he was not sure what was talked about at the meetings between the
City Engineer and Mr. Filister. He said he did not think �he Visitors
section is the proper time to consider a registered land survey, this is an
Agenda-type item, and he would like it placed on the Agenda for a regular
meeting. He said he would like all the background material furnished also, to
refresh them on what has happened in the past. I= there is a problem with
this survey he would like it on the Agenda until it is resolved The Visitors
section is only a 15 minute time period to hear complaints etc., and for non-
agenda type items.
Mr. Filister said there was no problem with the survey, he considered the problems
brought up by the City Engineer to have absolutely nothing to do wrth the
survey and were another matter entirely.
The City Engineer explained that one of the items needing a solution is that Mr.
Filister and the City would like a signal at the exit oP the Georgetowns onto
� East River Road. The problem is that it is difficult to �ustify a signal for
one complex, therefore the plan is to connect onto the property to the north,
bring those cars down to the signal, thereby providing more justification to the
Coun�y for the semaphore. To implement this plan, right of way is needed from
Mr. Filister, which he has refused to give. Another problem is that Mr.
Filister would like to turn over some of his utilities ta the City. The Crty
��
J �J
REGULAR COUNCIL MEETING OF OCTOBER 2, 1972
PAGE 3
is willing to take some, but not a11, because obviously Mr. Filister cannot �
be treated differently than anyone else in the City. He said it is his
feeling that these things should be resolved and that they are all inter-
connected. These are the things that were discussed when he met with them
and Mr. Filister's attorney said "fine", but Mr. Filister said "no".
Mr Filister said that he still could not see where one affects the other.
Mayor Liebl said that he could see no connection either. He would like to
see the survey approved, but he stressed that the intersection problem must
be resolved.
Mayor Lieb1 asked the City Attorney if there was any xeason the City should
not accept the survey. The City Attorney replied that he had not seen the
registered land survey, but if it meets the Statute requirements, then it
should be al1 right. Mr. Filister added that it was prepared by Suburban
Engineering, the City's Consulting Engineers.
Councilman Mittelstadt asked if the Administration should review this
registered land survey before approval. Mayor Liebl said that he could see no
reason for that, rt has been before the Council many times.
MOTION by Councilman Mittelstadt to receive R.L.S. #69-04, and if appropriate
after review t,y the Administration, approve the survey. Seconded by Councilman
Utter.
Councilman Breider said he would assume by this motion, that if the survey �
papers are physically in order, the survey is approved� Councilman Mittelstadt
answered yes.
UPON A ROLL CALL VOTE, Utter, Mittelstadt and Liebl voting aye, Breider
voting nay, Mayor Lieb1 declared the motion carried.
E1don Schmedeke Hvde Park Circle Flow Plan
Mr. Schmedeke said that on July 10, 1972, at a regular Council �Neeting, there
was some discussion regarding the second phase of the Circle Flow plan for
Hyde Park and Councilman Breider questioned if the proper procedure was not to
bring back a resolution for further authorization and the City Attorney had
replied yes. He questioned why this has not been done. Mayor Liebl said
that the City Attorney and the Administration are aware that they were in-
structed by the Council to proceed, however, there have been some rather
difficult developments and the Council just met tonight with the Staff to
discuss what should be done. The Council and the Staff are trying to find
out what kind of an agreement the former City Manager, Homer Ankrum, had with
the Highway Department in regard to the Circle F1ow pattern. The rezoning of
this whole area was contingent upon acquiring the right of way from the State
Highway Department, which they did agree to at one time. The plan was for
two stages, the first was to moce the fence and put in the slip-off. This
has been done and the people assessed according to benefits received. The
Council received a prepared analysis tonight of the p'roblem to date and an �
explanation of- what is holding the progress up. The improvement costs
also have risen considerably since 1969 and that along with unanticipated
acquisition costs would probably require another public hearing. The cost of
doing this project has risen about 200o to 250$. The people would have to be
acquainted with these new facts before the work is ordered in. This would be
an extreme burden on these people.
I ( f
REGULAR COUNCIL MEETING OF OCTOBER 2, 1972 PAGE 4
' Mr. Schmedeke said that it seemed members of the Staff are dragging their
feet, everyone knew the costs would go up. Both the slip-off and the Circle
Flow were part of one project. He said his attorney, in 1970, informed him
that since a resolution was passed, that was the way it was going in. There
cannot be commercial wrthout the Circle F1ow. If this project can go so far
without completing it, it seems someone is in error. He said his taxes have
gone up because it is commercial property. He could not understand wby people
were stalling on this project.
muncilman Utter explained that when Mr. Ankrum was dealing with the Highway
Department, there was an agreement made. Since 1969 there has been a change
in the District Engineer at the Minnesota Highway Department, District �5, and
after the change their response to Fridley's request for right of way has been
negative. If the improvement were to go in as things stand now, all the right
of way would have to come from the property owners. This would cut down
on the amount of property left, and if negotiations were unsuccessful and con-
demnations were required, rt would also be very expensive. Mr. Schmedeke said
that if the State has withdrawn their approval, then the Cit� should foot the
bill. The Hyde Park people were promised this at one time, but this has
�ust gone on and on He said he has had buyers for his property, but he cannot
tell them what will be happening with the roadways
Mayor Liebl said that as things are now, all the right of way would have to be
acquired from the west side of the service road, this would ruin Mr. Schmedeke's
' property. As he saw it, that right of way must be acquired from the State, and
he thought there was a letter of commitment from the Highway Department to
Mr. Ankrum. Councilman Mittelstadt added that Mr. Schmedeke and Mr. Muggli, as
the two most affected property owners, will be called in to discuss this pro-
blem. Mr. Schmedeke commented that he did not think it was right or fair that
this has been going on for so long.
The City Manager said that he had come into this long involved process in the
middle, but he has become familiar with the background and he assured Mr.
Schmedeke that no one on the Staff is trying to torpedo this pro�ect. As has
already been explained, the State of Minnesota has had a change of heart in
their agreement to a11ow the right of way to be taken for the service road.
This affects the cost of the project tremendously, and the Council has been
advised of this, since the initial costs as quoted to the people did not in-
clude this acquisition cost. It is not true the Crty has changed anything
and he would Le glad to show Mr. Schmedeke any correspondence, as he did not
like theimplication that someone on the Staff was holding this up.
Mr. Schmedeke said in that case, someone has made a mistake. That was not �ust
an assumption, Fridley had a promise, a guarantee, from the State of Minnesota.
A resident in the area asked why a road should be built as no one wants rt.
There was a good sized petition signed disapproving of this Circle Flow, so
why build it? He said he thought the Council was supposed to represent the
� ma�ority. Mr. Schmedeke replied that he did not know if this gentleman was in
Hyde Park when this a11 started, or how many Planning Commission Meetings and
Council Meetings he had attended, but Hyde Park is considered the slum area in
Fridley. There are some very cheap homes in this axea and Fridley has been
wanting to clean up the area. The first thought was for apartments, but the
people did not want this, they wanted it rezoned ior commercial and expressed
this desire to the Council. This was accomplished and has greatly increased the
� �, �
REGULAR COUNCIL MEETING OF OCTOBER 2, 1972
PAGE 5
value of the lo�s in this area The resident said that he had wanted com- '
mercial zoning, but he did not know it would cost him $1,000 in assessments.
He did not tnlnk rt was necessary and could not see the advantage in putting
in the Circle I'low pattern. Mr. Schmedeke answered that he should have been
at the many Planning Commission Meetings where this was considered the best
plan.
Mr. Schmedeke appologized for taking so much time, he had not intended to
get into a long discussion during the Visitors section. Mayor Liebl informed
him that if there is a nublic hearing, everyone will be notified. The first
thing to do is to find out exactly what kind of an agreement Mr. Ankrum had
reached with the Highwaq Department.
PUBLIC HEARING ON 1973 BUDGET:
Mayor Liebl said that he would like to state that the municipal tax levy for
1973 will not go up, but will stay virtually the same as 1972. He said that
the Council still has to review in detail the Parks and Recreation Budget and
the Public Works Budget which they will be doing Tuesday evening, October 3rd.
As the budget was prepared and submitted to the Council, there is no provision
for any windfall due to the federal revenue sharing bill. The City Manager
added that since the initial information given to the "Sun" on the budget,
the estamate on how much Fridley w�ll receive from the sales tax has been
revised upward based on new information received from the State. The revenue
sharing bill has not as yet been signed for 1973, so lt could not be consi- �
dered in making up the budget.
Mayor Liebl said that the deadline for submitting the figures to the Coun'ty
is October 10th, so after the study session Tuesday night, the figures can
be inserted into the Ordinance so it will be correct for passage on second
reading. Mayor Liebl said that Fridley will be hiring additional patrolmen,
as it is the unanimous judgment of the Council that the Police force must be
expanded to better protect the lives and property of the citizens and to control
the traffic problem. As Fridley grows, the need for a larger Police force
grows. He said he hoped that within a year the citizens will see the effects
of this greater emphasis.
Mr. Dan Fish, 7501 Lakeside Road, said that as he understood it, the mill rate
was not going to increase but there would be a new assessed value. The City
Manager said yes, the State law has been changed so now we must assess
property at its market value. This is three times the amount formerly
assessed property, therefore, the 1972 mill rate is divided by three for the
1973 mill rate The 1972 mill rate was 39.58 and the 1973 figure is 13.175,
this is merely a matter of multiplying on one side or dividing on another.
Councilman Breider said that he must compliment the Administration and that he
wanted Lo express his gratitude for .�he job they did. Other municipalities
have had trouble staying within the limits imposed by the State. Mayor Liebl
added that it is also due to the hard work of the Planning Commission, past &
present Councils, and the Staff in getting industry into Fridley for a better '
tax base and to provide jobs for our citizens.
MOTION by Councilman Mittelstadt to close the public hearing on the 1973 budget.
Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared
the hearing closed at 8 40 PM.
'
1
�
REGULAR COUNCIL MEETING OF OCTOBER 2, 1972
PAGE 6
FIRST READING OF AN ORDINANCE ADOPTING THE BODGET FOR THE FISCAL YEAR 1973
MOTIDN by Councilman Mittelstadt to approve the Ordinance on first reading and
waive the reading. Seconded by Councilman Utter. Upon a roll ca11 vote, Utter,
Mrttelstadt, Breider and Liebl voting aye, Mayor Liebl declared the motion
carried unanimously.
RESOLUTION #116-1972 - DETERMINING THE NECESSIIY OF AND PROVIDING FOR A TAX LEVY
Councilman Breider said that the new mill rate has been projected at 13.175,
the Charter states if the levy exceeds 30 mills a resolution must be passed.
In this case, is the resolution necessary?
The Crty Attorney said that he thought the resolution snould be passed, to
uphold the intent of the Charter. It is only below 30 mi11s because it is
figured differently. He suggested that when the Charter is reviewed for
changes, that this seciton be looked into.
MOTION by Councilman Breider to adopt Resolution �116-1972. Seconded by
Councilman Mittelstadt. Opon a voice vote, all ayes, Mayor Liebl declared
the motion carried unanimously.
RESOLUTION �117-1972 - CERTIFYING TAX LEVY REQUIREMENTS FOR 1973 TO THE COUNTY
OF ANOKA:
MOTION by Councilman Mittelstadt to adopt Resolution �117-1972 Seconded by
Councilman Utter Upon a voice vote, all ayes, Mayor Liebl declared the
motion carried unanimously.
FIRSS READING OF AN ORDINANCE FOR REZONING REQUEST ZOA i{72-09 BY CHARLES
JORDAN (CHUCK'S GULF SSATION) TO REZONE FROM C-1 TO C-2 THE AREA GENERALLY
LOCATED AT 7250 CENTRAL AVENUE:
MOTION by Councilman Breider to approve the Ordinance on first reading and
wai•re the reading. Seconded by Councilman Mittelstadt. Opon a roll call vote,
Breider, Liebl, Utter and Mittelstadt voting aye, Mayor Lieb1 declared the
motion carried unanimously.
RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF SEPTEMBER 26, 1972
The City Engineer reported that Item �1 (a variance requested by Ur. Akbar)
is still pending before the Board.
A REQUEST FOR A VARTANCE OF SECTION 56.05, 3A, FRIDLEY SIGN ORDINANCE, TO
INCREASE THE MAXIMUM SIZE WALL SIGN FROM 15% OF THE F1ALL AREA (234
SQUARE FEET) TO 408 SQUARE FEET TO ALLOW THG ERECTION OF SEVENTEEN 4 FOOT
BY 6 FOOT LETTER MODULES TO BE PLACED ON THE EXISTING BOILDING AT 7501
VIRON ROAD N.E , FRIDLEY, MINNESOTA, THE SAME BEING ALL OF PARCELS
4350 & 4360 AND THE NORTHWEST CORNER OF PARCEL 2850.N� OF SECTION 12. :-30
WAY N.E., FRIDLEY, MINNESOTA):
The Council noted that the Board's motion to approve the variance with the
stipulation that they would have to comply with the letter dated September
8, 1972 written to them by Darrel Clark outlining the things they were
��.
�ry n
__x��
REGULAR COUNCIL MEETING OF OCTOBER 2, 1972
PAGE 7
required to do when they got their original permit, did not pass, but was a '
2 - 2 tie wte.
Mr. Jack Lawrence, Signcrafters, came forward and showed pictures of the
proposed sign at the Council table. The wall sign will extend upward to
cover the air ducts etc. on the roof, it will be a soft light and neat
appearing. There are 2 feet between the letters. Since Viking Chevrolet
moved into this site they have been quite busy with their alterations, but
he was sure they would comply with the requirements outlined in the letter
and that they planned on putting in shrubs. Viking Chevrolet wants to spend
this money to try to clean up their building.
" MOTION by Councilman Utter to grant the request for a new wall sign for
Viking Chevrolet, sub7ect to the stipulatian they must comply with the
letter to them written by Darrel Clark and dated September 8, 1972. Seconded
by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared
the motion carried unanimously.
MOTION by Councilman Mittelstadt to receive the Minutes of the Board of
Appeals Meeting of September 26, 1972 Seconded by Councilman Utter. Opon
a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously.
CONSIDERATION OF APPROVAL OF ENGAGING GEORGE M. HANSEN C0. TO PERFORM 1972
AUDIT: (Tabled from the September 18, 1972 Meeting)
The City Manager reported that the George M. Hansen Company has expressed an �
�nterest in doing the 1972 audrt for Fridley. The auditors would like to
start work before 1972 is over so their reports can be submitted sooner. They
have worked for Fridley in the past and their work has been satisfactory.
MOTION by Councilman Mittelstadt to approve utilizing the George M. Hansen
Company for the audit for 1972, with the stipulation that the City will print
the audit. Seconded by Councilman Breider. Opon a voice vote, all ayes,
Mayor Liebl declared the motion carried unanimously.
RECEIVING THE REPORT ON PARK/SCHOOL RANGER PROGRAM:
Mayor Liebi noted that there was a memorandum from the City Manager in the
Agenda, along with a letter from the Fridley Sr. High School Principal and
from Charles Spano, who was employed as the Park/School Ranger this summer.
He said the recommendation of the City Manager is acceptable to him, to
continue this program in 1973, and to try to cut down on the considerable
amount of vandalism in the parks. Councilman Mittelstadt said that this
would seem like a year-round pro�ect. In the winter time there are skating
rinks with warming houses, and the utilization of the Ranger would cut down
on vandalism there. He suggested making a snowmobile available to him so
that he could partol the trails in the City during the winter.
Mayor Lieb1 said these were good ideas, but it is a matter of funding. He
agreed with the suggestion that Anoka County be included. The Parks Director �
feels that the Ranger has curbed vandalism attempts, plus being excellent
public relations There has also been less dumping in the parks. He felt a
Police ➢epartment should be used as a preventive tool and policemen should be
there to help and should be respected. He said he wanted to commend Chuck
Spano on the fine �ob he has done.
Y �
�_ � i
REGULAR COUNCIL MEETING OF OCTOBER 2, 1972 PAGE 8
� Councilman Mittelstadt asked Mr. Spano if he felt that the continuation of
this program through October, November and December, then starting out in 1973
on a fiscal basis, would have any value. Mr. Spano replied yes, but he did
not know the feelings of the school on this subject. His duties included
patrolling the Junior and Senior High, but not thz elementary schools, and
they experience more vandalism than the Sunior & Senior High Schools.
Councilman Breider said that he would like to ask the Administration to
start investigating the annual snowmobile crises, as it is nearly time for
the complaints to start. He thought a snowmob_le for patrol would be worth
looking into. A Policeman does not have a chance to catch an offender if he
goes cross-countny on a snowmobile.
The Crty Manager said that as to his continual employment through the rest of
the year, there are no funds readily available. As the Council knows the
Ward Two Councilman's salary was used to finance this test program, but per-
haps upon review of the 1972 budget, there could be some funds found.
Councilman Breider asked for a report on possible financing, at least from
the middle of November through December for the last meeting in October.
MOTION by Councilman Mittelstadt to concur with the recommendat�on of the
City Manager to employ a Park/School Ranger during 1973 for 22 weeks, and
also to ask that the Staff try to find appropriate financing for continuing
this program during November and December. Seconded by Councilman Breider
� with the addition that he would like a complete analysis of what to do about
the snowmobile problem. Upon a voice vote, all ayes, Mayor Liebl declared
the motion carried unanimously.
RESOLUTION �118-1972 - DESIGNATING POLLING PLACES AND APPOINTING ELECTION
JODGES FOR THE NOVEMBER 7, 1972 GENERAL ELECTION
Mayor Liebl said that he would like to ma7ce sure that there are an equal
amount of Democratic and Republican �udges in atLendance and that more than
one judge would accompany the ballots to Anoka County. The Finance llirector
said that this is the way they have always conducted the election. There
is always a head �udge and someone to work with them from the other party and
there is always more than one going to Anoka County
The Council noted that there were head judges marked in the Agenda with the
exception of Ward Two, Precinct Two. Councilman Utter suggested Joan
Swenson, 6889 Channel Road, be appointed head �udge.
Councilman Utter asked how the polling places arc determined, The Finance
Director said that they were designated at the time the City redistricting
was done. Councilman Utter said that North Park Elementary School is very
difficult to get into and when you do, there are only about 8 parking spaces.
He wondered whether the polling place could be moved to Gardena, not this
year, but be considered for next year. Councilman Mittelstadt commented
that the candidates for Ward Two Couneilman could perform a service by
� telling all the people while they axe campaigning how to get to their polling
place.
MOTION by Councilman Mrttelstadt to adopt Resolution #118-1972, with the 7udges
as noted with the addition that the Head Judge for Ward Two, Precinct Two is
to be Joan Swenson (DFL). Seconded by Councilman Breider. Upon a voice
vote, all ayes, Mayor Liebl declared the motion carried unanimously.
�n
_�,c�
REGOLAR COUNCIL MEETING OF DCTOBER 2, 1972
PAGE 9
RESOLUTION �#119-1972 - CERTIFYING CHARGES TO THE COUNTY AUDITOR TO BE LEVSED ,
AGAINST CERTAIN PROPERTIES FOR COLLECTION WITH THE TAXES PAYABLE IN 1973
i.,rr.,,. . .
MOTION by Councilman Breider to adopt Resolution ,�r119-1972. Seconded by
Councilman Mittelstadt. Upon a volce vote, all ayes, Mayor Liebl declared
the motion carried unanimously.
RESOLUTION #120-1972 - CERTIFYING CERTAIN DELINQOENT WATER AND SEWER CHARGES
TO THE COUNTY AUDITOR FOR COLLECTION WITH THE 1973 TAXES:
MOTION by Councilman Mittelstadt to adopt Resolution #120-1972. Seconded by
Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the
motion carried unanimously.
CONSIDERATION OF A RESOLOTION AUTHORIZING AN➢ DIRECTING THE RECERTIFICATION
OF THE STORM SEWER PORTION OF THE ST. 197D-1 STREET IMPROVEMENT PROJECT
(Hickory Street Area)
The Crty Engineer informed the Council that this involves the lawsuit
against the Crty for placing an assessment on property in the Hickory Street
area in conjunction wrth the street improvement project. Indications are
that the ruling wi11 be favorable to Fridley. The City Attorney suggested
holding up this resolution until the City is formally notified of the Judge's
ruling. The Finance Director explained that his reason for putting this �
resolution on the Agenda is so that if the ruling was handed down soon, it
could still be certified for this year and would avoid a years interest.
Councilman Utter pointed out that even if the resolution was passed, then
held until the ruling is received, it still may be too late to certify it
in time for this year.
MOTION by Councilman Mittelstadt to table this item until the ruling from the
Court is received. Seconded by Councilman Utter. Upon a voice vote� all
ayes, Mayor Liebl declared 'the motion carried unanimously,
RESOLOTIDN �121-1972 - ORDERING PRELIMINARY PLANS, SPECIFICATIONS & ESTTMATES
OF THE COSTS THEREOF: STREET IMPROVEMENT PROJECT ST. 1973-1 & ST. 1973-2:
MOTION by Councilman Utter to adopt Resolution #121-1972. Seconded by Council-
man Mittelstadt. Opon a voice vote; all ayes, Mayor Liebl declared the motion
carried unanimously.
RESOLUTION #122-1972 - RECEIVING THE PRELIMINARY REPORT AND CALLING A PUBLIC
HEARING ON THE MATTER OF THE CONSTRUCTIDN OF CERTAIN IMPROVEMENTS ST.1973-1 & 2.
MOTION by Councilman Mittelstadt to adopt Resolution #122-1972. Seconded
by Councilman Utter. Upon a voice vote, a11 ayes, Mayor Liebl declared the
motion carried unanimously.
CLAIMS: �
MOTION by Councilman Breider to approve payment of General Claims #29754 thru
#�29824 & Laquor Claims �7067 thru #7089. Seconded by Councilman Utter. Upon
a voice vote, all ayes, Mayor Lieb1 declared the motion carried unanimously.
�
1
�
REGULAR COUNCIL MEETING OF OCTOBER 2, 1972
LICENSES:
General Contractor
Oak Grove Construction Inc.
430 221st Ave N.E.
Cedar, Plinnesota By: James L. Erickson
Roofing
Potvin Sales Company
7341 Commerce Lane N.E.
Fridley, Minn.
Employee Liquor Dispensing
Sandee's Cafe
6490 Central Ave.
Katherine May
Lorraine Esler
Patricia Hoffman
Sylvia Ellison
Diane Swiantkiewicz
Rebecca Nordgren
Charles Stauffacher
Ey� Felix Potvin
Fee $5.00 Each
n ; v�
A . J
PAGE 10
Approved By
Building Insp.
Building Insp.
Public Safety Director
MOTION by Councilman Mittelstadt to approve the licenses as submitted.
Secondzd by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl
declared the motion carried unanimously.
ESTIMATES.
Suburban Engineering, Inc.
6875 Highway #65
Minneapolis, Minnesota 55432
PARTIAL Estimate #18 for construction of utilrties in
Innsbruck North Project �103 through 7-29-72
PARTIAL Estimate #19 for construction of utilities in
Innsbruck North Project �103 through 5-19-72
Progressive Contractors, Inc.
Box 368
Osseo, Minnesota 55369
PARTIAL Estimate #5 for work completed and materials on hand
all according to contract• Street Improvement Project
St. 1972-1
PARTIAL Estimate #5 for work completed and materials on hand
all according to contrac't• Street Improvement Project
St. 1972-2
$ 816.29
660.70
9,924.91
2,000.�0
��
"k �y �
REGOLAR COUNCIL MEETING OF �CTOSER 2, 1972
PAGE 11
MOTION by Councilman Breider to authorize payment of the estimates as sub-
mitted. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor
Liebl declared the motion carried unanimously.
REPORT SY CITY ATTORNEY ON CABRELCIK VS. CITY OF FAIDLEY FRANK'S USED CAR
LOT.
The City Attorney reported that he has had difficulty in contacting Mr. Kohlan
as he has been out of town. He therefore, has wrrtten Mr. Kohlan a letter
and handed out copies of the letter to the Council. Mayor Liebl said that in
that case he would like to see this item on the Agenda for October 16th.
MOTION by Q�uncilman Mittelstadt to receive the communication from the City
Attorney to Mr. Andrew Kohlan dated October 2, 1972. Seconded by Councilman
Breider. Upon a voice vote, all a;res, Mayor Liebl declared the motion carried
unanimously.
DERATION OF CHANGE ORDER #2 STREET IMPROVEMENT PROSECT ST. 1972-1 � ST.
2 (MSAS) (BRIARDALE):
The City Engineer explained that this Change Order is in response to a letter
from the developer wanting the work added onto the existing contract. This
addition does fall within the allowable contract limits. The developer
understands that he is to provide temporary ponding for storm water on his
land. He said they hope to install an asphalt mat so 'that there will be a
good surface to drive on, if the weather holds.
Mayor Liebl asked if there had been a change in the thiakness of the mat, and
if so why? The City Engineer explained that the mat depends upon what type of
subsoil there is. If the subsoil is bad, the road is constructed using a
heavier design. The thickness also varies according to the number of vehicles
rt is designed to carry. Mayor Liebl said that there were some streets in
the northeast corner of the City that have collapsed and asked why, and what
was done about it. The City Engineer said that there has been trouble with
the storm sewers in this area, and also there is a high water table in this
region. The City does not accept the work until it is up to specifications.
Mayor Lieb1 asked how long money is withheld, The City Enginee� said that
there is a maintenance bond that is good for one year after the final payment.
MOTION by Councilman Utter to approve Change Order #2 to St. 1972-1 � St.
1972-2 in the amount of $44,512.94. Seconded by Councilman Breider, Upon a
voice vote, a11 ayes, Mayor Liebl declared the motion carried unanimously.
RESOLUTION ¢¢123-1972 - WITHDRAWING THE CERTIFICATIDN OF SPECIAL ASSESSMENTS ON
CERTAIN LOTS, AMENDING AN➢ REDUCING THE AMOUNT OF THE SPECIAL ASSESSMENTS AN➢
RLCERTIFYING THE ASSESSMENTS: (LUND LAWSUIT)
MOTION by Councilman Breider to adopt Aesolution #123-1972. Seconded by
Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the
motion carried unanimously.
,
�
�
�
�
�
REGULAR COUNCIL MEETING OF OCTOSER 2, 1972
COMMUNICATIONS:
MINNESOTA POLLUTION CONTROL AGENCY TO DESIGNWARE iNDUSTRIES
FOR INDUSTRIAL WASTE PRE-TREATMENT SYSTEM
PAG� 12
PERMIT
MOTION by Councilman Breider to receive the communication from the Minnesota
Pollution Control Agency dated September 14, 1972 Seconded by Councilman
Mrttel�tadt. Upon a voice vote, all ayes, Mayor Llebl declared the motion
carried unanimously.
GRACE HIGH SCHOOL: REQUEST FOR PARADE FOR HOMECOMING ON OCTOBER 6, 1972
MOTION by Councilman Mittelstadt to receive the communication from Grace
High School dated September 28, 1972, and concur with their request and
waive the fee. Seconded by Councilman Breider. Upon a voice vote, all
ayes, Mayor Liebl declared the motion carried unanimously.
JOHN R. RAGAN, M.D., REQUEST FOR RESIDENTIAL SPEED LIMITS AND CHILDREN
PLAYING SIGNS IN MELODY MANOR:
MOTION by Councilman Breider to receive the communication dated September
26, 1972, wrth the comment that he has been working on this problem and would
like to bring it back before the Council at the appropriate L-ime. Seconded by
Councilman Mittelstadt. Upon a voice vote, a11 ayes, Mayor Liebl declared the
motion carried unanimously.
TRI-CO BUILDERS, INC.. REQOEST FOR REDUCTION OF SPECIAL ASSESSMENTS ON
LOTS 1& 2, BLOCK 5, SPRING BROOK PARK ADDITION�
MOTION by Councilman Mittelstadt to receive the communication from Tri-Co
Builders, Inc. dated September 26, 1972. Seconded by Councilman Utter. Upon
a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously.
The Finance Director said that the point taken in the letter is a good point,
it would be preferable for the builder to pick up that extra 30 feet and add
to his building site, or it will probably go ta;� forfeit and be a weed nuisance
to the City,however, this would be setting a precedent if this request is
granted to forgive any of those assessments. The same request could be made
for many other lots in the City. It is not tax forfeit at this time, but he
understood that it was tax delinquent. The City Attorney said that the best
solution would be for Tri-Co Builders to pick up the lots when they become
tax forfeit, but that would be a few years delay. The Finance Director
agreed, it would be desirable to get rid of the sma11 lot, but he did not
think the City could start reducing the assessments.
MOTION by Councilman Mittelstadt to receive the communication from Tri-Co
Builders, Inc. dated September 26, 1972 and concur with the recommendation of
the Finance Director not to gran't the reduction in assessments. Seconded by
Councilman Sreider. Upon a voice vote, all ayes, Mayor Liebl declared the
motion carried unanimously.
-p � r,
1 L� lA
REGULAR COUNCIL MEETING OF OCTOBER 2, 1972
REPORT BY CITY ENGINEER ON INNSBRUCK NORTH PROJECT
COMPANX, INC..
PAGE 13
➢UNKLEY SURFACING
The City Engineer said that he would like to give the Council a status report
on Project #103 in Innsbruck North. He then handed out copies of two
letters received from Dunkley Surfacing Co., Inc. dated October 2, 1972 which
is a demand for arbitration, along with an agreement wl�ich has been drawn for
execution by the City of Fridley, Dunkley's and Suburban Engineering. The
lines which have been installed do not meet City standards and there is a
disagreement between the Contractor and Suburban Engineering as to whether
the fault lies with the workmanship, materials or design. The City has been
meeting with Dunkleys, Suburban and Dunkley's lawyers to try to come to some
solution, the result is the agreement which is now being submitted. The
procedure agreed upon is that the work is to be completed as soon as possible
to get in ahead of the weather, then when it is completed, the dispute will
be arbitrated. The road surface is now very bad and the City is being
pressured to get the work done.
Cbuncilman Breider asked, since this is the first the Council has seen of this
agreement, could action be taken October 16th? The City Engineer explained
that the problem is that the weather will be closing in very quickly. The
City Attorney added that if the �ault is found to be the Contractor's, he is
liable for the corrective work for nothing. The most important thing is to
get the work completed, then figure out who is responsible for the defective
worlc .
Councilman Utter agreed and said that he has received manq complaints from
this area. The City Engineer explained that this agreement elaborates more
fully on the basic contract and lays out every detail. Mr. Bill Jensen,
Suburban Engineering, said that they feel that the fault is in the workman-
ship, perhaps it could be laid to the materials, but that cannot be
determined until after the repairs are made.
MOTION by Counciiman Mrttelstadt to receive the communications from Dunkley
Surfacing Company, Inc dated October 2, 1972, one referenced "Demand for
Arbrtration" and the other "Fridley Froject '�103". Seconded by Councilman
Utter. Upon a voice vorte, all ayes, Mayor Liebl declared the motion carried
unanimously.
MOTION by Councilman Utter to concur in 'the agreement as drawn and authorize
execution by the City, and payment of Estimate #8 in the amount of $11,496.78.
Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl
declared the motion carried unanimously.
ADSOURNMENT.
MOTION by Councilman Mittelstadt to adjourn the Meeting. Seconded by Councilman
Breider Upon a voice vote,all ayes, Mayar Liebl declared the Regular Council
Meeting of October 2, 1972 adjourned at 9•45 PM.
Respectfully submitted, �
��E'�C�! //C�/c_-�'.�.�% f '� �+J� �.b�ii
%
Juel A. Mercer Frank �G. ebl
Secretary to the City Council Mayor
1
'
1