Loading...
12/06/1971 - 00017759� THE MINUTES OF THE REGULAR COUNCIL MEETING OF DECEMBER 6, 1971 PLEDGE OF ALLEGIANCE: Mayor Kirkham led the Council and the audience in saying the Pledge o£ Allegiance to the Elag. INVOCATION: Reverend Gilbert C. Anderson, Fridley Covenant Church offered the Invocation. Mayor Kirkham called the Regular Council Meeting of December 6, 1971 to order at 8:05 P.M. ROLL CALL: MEMBERS PRESENT: Breider, Kelshaw, Kirkham, Liebl, HarYis MEMBERS ABSENT: None PRESENTATION OF TROPHY TO THE FRIDLEY TIGERS FOR WINNING TH� 1971 SKYLINE FOOT- BALL CONFERENCE CHAMPIONSHIP: � �� �� Assistant Coaches Don Holum and I.arry Senrick, along with about 20 of the football � team, were present. Mayor Kirkham recognized how much the Eridley Tigers have done to pxomote the name of Pridley and he appxeciated their putting Fridley on the map. They have earned the recognition of the City Council and he asked the Captain, Mark Sampson, to come forward along with the members of the team, and presented them with the txophy on behalf of the Fridley City Council wa.th thea.r thanks to the team. APPROVAL OF THE MIY3UTES OF THE REGULAR COUNCIL MEETIIVG OF NOVEMBER 15, 1971: MOTION by Councilman Liebl to adopt the Minutes of the Regular Council Meeting of November 15, 1971 as presented. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Harris to adopt the Agenda as presented. Seconded by Counca.l- man Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carr;.ed unanimously. VISITORS: Mr. Gary Blume, 6315 Pierce Street N.E.: Request for Fill: Mr. Blume said that he �ust purchased a duplex on Pierce Street in September. He said he was informed by the former owner of the problems wrth the water table � and that the lay of the land is such that the back oP the lot would need some £ill. He was also informed by the City that he could acquire this fill from the excess from the Burlington Northern expansa.on yard construction. In October he contacted the City Engineer's office and made his request for from 1100 - 1500 cvbic yards of fill. He was informed at that time that this did not constitute � �-�P REGULAR COUNCIL MEETING OF DECEMBER 6, 1971 PAGE 2 quite enough of an operation £or Park Construction to handle, since the request � was so small, but they would check. Two weeks later he again got in touch with the Engineering Department and was told that everything was all right and they would send him out forms to fill out that would relieve Park Construction of any liabila.ty. The forms never came, so he talked to someone in EngYneering again, and was again told that this was not large enough an operation for Parks to handle. He said it was mentioned by the City that perhaps he could arrange with Park Construction to have the fill delivered if he would pay the truck drivers. He said he is now stuck and needs some fill to raise the level of his back yard so there is proper drainage. Mayor Kirkham said that this seems to be an Administrative problem. The City Manager said he has had no conversation with Mx. B1ume d.�sectly, but there have been many many requests for the fill. The initial requests have priority, and some of even those have not received their fill. The City Engineer explained that he has many many calls daily, and cannot recall this particular instance, but he would take this gentleman`s name and address and check this out further. He said this location is difficult to get the equipment onto. They have received quite a Pew large requests for fill, and the question is how these should be apportioned. The first priorrty has been for large commercial and industrial land that is open and needing development. Mr. Blume was told, if he could, to come down to City Hall and see the Crty Engineer. Park Construction Company Blasting Complaints: Mr. George Steiskal, 4050 Main Street N,E., said he was very unhappy with the � blasting. He said he was promised a while back that this item would be back on the Council Agenda, and the Mayor told him it would be on the Agenda tonight. He said he felt the people were getting the run-around on this and there was no way they could come out financially. Mayor Kirkham said he had expected to have some information from CoZumbia Heights by this time, Mr. Stezskal said that he was home for the first time today and the whole house shook. Sooner or later his house will fall down. He said on a previous occasion he went to court on blasting damage and he did not receive enough to cover his damages. He said his garage came apart and he still has cracks ther,e from the last blasting. He said he did not believe he should be subjected to this' The Crty Manager replied that he had met with Park Constructxon and Columbia Heights. Columbia Heights has engaged an architect to make a recommendation to them. The level of blasting has heen severly curtailed and through the assurances of Twin City Testing, if the level of the seismograph rea�ngs are about 2.0" per second there could be damage. The level of blasting Fridley has required is .3" per second which is about 7 times less than the general figure suggested as a tolerance level by the Bureau of Mines and Twin City Testing. He then read a letter received from Fireman's Fund American Insurance Companies, the insurance company for Barton Contracting Company, in which they state that if it appears that some damage was done every effort will be made to settle the claim with the home owner. He added that the City Building Inspector has made inspections of the homes besides the inspection by the insurance company. Mr. Steiskal said that when tl:ey take the seismograph readings they set it on � the driveway. There is about a 4" layer of sand above a layer of clay. The tremors follow the clay and the sand acts as a cushion. The City Manager said the Columbia Heights City employee is trained in taking seismograph readings. Columbia Heights felt they could get a more positive check by having one of their � �; REGULAR COUNCIL NIEETING OF DECEMBER 6� 1971 PAGE 3 � own employees rather than a company employee taking the readings. Mr. Steiskal asked if Columbia Heights is doing this all by themselves or is Fridley helping. The City Manager said that Columhia Heights has a much greater problem than Eridley in that the number of homes involved is much larger. They have suspend�d the blasting at this point. Mr. Steiskal asked why Fxidley has not. There are only about 16 famila.es involved, but what about them? Mayor Kirkham said the Council has followed the reaommendations they have received and this is why the blasting 1eve1 was xeduced. He added that they intended to follow the xecom- mendations of Columbia Heights when their consultant makes his recommendation to them. Mr. Steiskal said that his area seems to be a forgotten neighboxhood of Fridley. He said he has lived there 17 years and he knew of three times the Fire Departanent was called and twice they got lost. Councilman Liebl said he would take exception to that remark, it was uncalled for, and Fridley does have a good Fire Department. Mr. Steiskal said he understood on one occasion the Fire trucks got tied up with the trains, but they did not have to take that route. Councilman Liehl said that Mr. Steiskal had called him and he assured him that everything possa.ble would be done to protect their property. He said he also advised him that it would be foolish to file a claim at this point antil the blasting is completed. When it is done, the Buildinq Inspector will aqain be sent down for another thorough investigation. At that time, if there is damage, the City Attorney will assist the people in getting any reimbursement they have coming. � Mr. James Hentges said he lived in Columbia Heights and was speaking on behalf of his parents, Mr. and Mrs. Buckholtz at 4045 Main Street N.E. He said Park Cons- truction Company is guilty of a numher o£ violations of their agreement. They are not supposed to haul until 7:00 A.M, and they are supposed to stop at 6�30 P.M. They started hauling at 6:00 A.M. Acwrding to the agreement with Burlington Northern they were not supposed to do any blasting until they got up the berm. The construction trucks are traveling on 44th Avenue and Main 5treet and they are not supposed to. They are hauling on the streets with an illegal vehicle, a "EUC" (Buclid) truck. Columbia Heights is not going to aive them their blasting permrt until the claims are filed. There is talk ahout reducing the level o£ the charges, but it takes more time to dra.11 more holes and use less powdex and Park does not want to do tha�. Fridley should take action: In Colvmbia Heights there are about 120 home owners involved, and he must ask that Fxidley revoke the permit as Columbza Heights has done. He said his mother was in the hospital as she had had a heaxt attack, she was brought home, but had ta be put back in because the blasting was so upsetting. He said if he must� the people will get an in�unction against Park Construction and against the City of Fridley. Mayor Kirkham asked if the "EUC" truck he spoke of is the kind they use in the mining country and Mr. Hentges said yes, they are illegal to use on the streets, but he saw one today. Mr. Carl Paulson said that he has seen the trucks using Main Stxeet going 50 MPS - 60 MPH. These companies should not be allowed to va.olate Fridley's ordinances. Mayor Kirkham said he would like to have all the people with information turn it in to the City Manager tomorrow. If anyone is � aware o� any violation, bring it to the atten�ion of C�.ty fSall immediately, do not wait un�il the Counc�.l Meeting, then it is too late to pursue it. S£ a violation is seen, perhaps with prompt reporting, they could be caught in the act. l�� T' REGULAR COUNCIL MEETING OF DECEMBER 6, 1971 PAGE 4 Mr. Hentges said at the November 22nd Meeting in Columbia Heights, Park Con- � struction saa.d they would be done blasting in Fridley by the end of the week. This is the reason he brought his mother home from the hospital. Nearly three weeks have passed and they still are not done. He said they will hear about this in Columbia Heights and Parks will not get their permit. He said his folks have lived here for 32 years and surely they should have some rights. He asked that their homes be checked before there is any more blasting. Mr. Henry Zimmer, 4021 California Street N.E., said that the homes have been checked by the company, and they offer a variety of excuses why the cracks are in the houses, such as the humidity level, temperature level, etc. Counci]man Harris suggested that all the residents get their information in to the City Manager the next day, and the Council could meet in executive session tomorrow night. He did not feel the Council could wait another two weeks for the next Council meeting - that would be two more weeks of blasting. The people in Columbia Heights should not be having so much trouble with Fridley, and he would like to see the problems ironed out. Both communities should operate with the same guidelines. There must be a halt to these complaints, and the operation should be unified. The Council agreed, after a short discussion, that when the City Manager receives his information the next day, he will contact the Council on setting up an exec- utive session. Mr. glchard Harris said that as to the traffic problems, he tY�ought the policemen � working for Park Construction could use more discretion in their direction of traffic. In bad d�iving conditions the traffic is tied up all the way from the Minneapolis Waterworks to Mississippi Street. When the streets are dxy, the traffic is all right. He objected to the Park trucks being given the right of way, the citizens have the right to the highway too. The City police were directing traffic and he knew they saw the "EUC" truck in the traffic, so the Ac7ministration is cognizant of its use. Councilman Kelshaw asked 7ust what was a"EUC" 'truck. Mr. Harra.s replied that it is an oversized truck used 1n mining operations. It is extra wide - about 15', and carries about 45 ton, and is chartreuse in color. It looks like a very big dump truck. He said he has seen it being used several mor�iings. The Administration does know, the Police are running them through the traffic. The City Manager said he had receaved some comp],aints on the rush hour traffic being held up. He talked to Park Construction and they agreed that they would not travel south between 7:00 A.M. and 8•00 A.M. A member of the audience invited the Council to come down to their homes and feel for themselves what the blasting is like. He said Mayor Nawrocki did and this is one of the reasons the blasting permit was revoked in Columbia Heights. Mr. Caxl Paulson: Nursing Homes: Mr. Paulson said that he had been disturbed by the report carxied in the Minneapolis Tribune on the quality of nursing homes. He suggested perhaps some thought should be given to this problem before it becomes one in the City of Fridley. ' � � � �L _ " .�� , �� REGULAR COUNCIL MEETING OF DECEMBER 6, 1971 PAGE 5 PUBLIC HEARING ON REZONING REQUEST ZOA #71-09 BY CA.STLE MOBZLE HOMES: (Generally located at the southeast corner of Osborne Road and Highway #65.) The City Engineer showed the area proposed to be rezoned on the ovexhead pro�ectar and said tha� this has been before the Council once before, but the Planning Commzssion had not yet made their recommendatlon. They have met since then and their recommendation for denial can be found in the November 17, 1971 Minutes. They did not seem to be opposed to the rezoning as such, but they wanted there to be some plans for the use of the property before they approved a rezoning. Th�s land was originally zoned commercial, then it was rezoned to industsial. Councilman Harris suggested that this item be discussed again when the Planning Commission Minutes are reached on the Agenda. This involves a rezoning and also a special use permit. Mayor Kirkiaam asked if anyone wished to be heard on this item, with no response. MOTION by Councilman Liebl to close the Public Hearing on the rezoning request ZOA #71-09 by Castle Mobile Homes. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declaxed the motion carried unanimou5ly and the hearing closed at 5:50 P.M. AWARDING OF BIDS FOR WORKMEN'S COMPENSATSON INSURANCE: (Bids Opened 2:00 P.M., November 24, 1971) COMPLETE SYNOPS25 OF BIDS ON FII,E IN THE FINANCE DIRECTOR'S OFFICE Following are the aqencies submitting bids: Loss Participating Flat Dividend Plans Diva.dend Plans Retrospective Plans Ins. Service Agcy. Nc Namera Ins. .Rice Creek Agcy. Cavanaugh Ins. Employers Employers Rice Creek Agcy Carr-Preus Ins. Mc Namera Ins. Mc Namera Ins. Miner Mc Alpen P.M. Endsley Federated P.M. Endsley Mc Namera Ins_ Employers Employers Employers Employers The City Manager called the Council's attention to his memorandum found in the Counca.l Agenda, and introduced Mr. Leland C. Douglas, Bachman-Anderson, Inc., who sexves as insuxance consultant to the City of Fridley. He sa�.d he had discussed the bids wa.th Mr. Douglas and their recommendation is to award the bid to P.M. Endsley using a loss participating plan on a one year basis. Councilman Liebl said the Council must determine not only the lowest premium, but also the best coverage for the employees and asked Mr. Douglas .�f he aon- sidered this plan the best. Ae also asked Mr. Douglas to explain the di£ferences between the £lat dividend plan, the loss partica.pating dividend plan and the retrospecta.ve plan. Mr. Douglas said first, yes, he considered their recommendation the best coverage for the Citp's employees, and went on the explain the advantages and disadvantages of each method oP coveraqe as outlined on Pages 6 and 7 of the Council Agenda. ��� REGULAR COUIQCIL MEETING OF DECEMBER 6, 1971 PAGE 6 MOTION by Councilman Liebl to award the bid for Workmen's Compensation Insurance , for the year 1972 to P.M. Endsley Company using the loss participating dividend plan as recommended by the City Manager and the insurance consultant. 5econded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. DAR LAND CC�APORATION BY WAYNE PETER50N TO REZONE FROM R-3 � C^2 THAT AREA GENERAI,LY LOCATED ON THE EAST SERVICE DRIVE OF T.H. #47 NORTH OF 53RD AVENUE: The City Engineer suggested that the second reading of this ordinance be held up until the final plans are through the subcommittees and came be�ore the Council for approval, then the Council can act on them together. MOTION by Councilman Liebl to taUle the rezoning ordlnance Ror Way Dar Land Corporation until the final plans are ready for Council action. 5econded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declaxed the motion carxied unanimously. FIRST READING OF AN ORDINANCE GRANTSNG A FRANCHISE TO GENERAL TELEVISION OF MINNESOTA, INCORPORATED� ITS SUCCESSORS AND ASSIGNS, TO OPERATE AND MAINTAIN A COMMi7NITY TELEVISION SYSTEM IN THE CITY; SETTING FORTH CONDITIONS ACCOMPANYZNG THE GRANT OF FRANCHISE; PROVIDING FOR CITY REGULATION AND USE 08 THE COMMUNITY TELEVISION SYSTEM: AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS: Councilman Liebl said at this point, it seems proper for the Council to go � through the ordinance and fill in the hlanks as to fees, the number on the advisory committee, and any other suggested changes the Council may have. His fxrst suggestzon would be on Page 2G, Section 19 to insert the number "27" television channels ---. The rest o£ the Council agreed on that £igure. The next section discussed was Section 22 - Rates, starting on Page 27. Councilman Breider said that on one oE the proposals the £igure suggested was $5.50 and he felt that something less than the $9.95 Bloomington used should be considered, therefore, he would suggest using the figure $6.00 as the primary installation charge. Councilman Liebl suggested that the words "not to exceed" be used through- out the ordinance in the discussion of the fees. He said he did not want the figure set so low the company would be forced to come back before the Council and ask for an increase. The primary concern is good service to the citizens, and he would not want the maximum set so low the company awarded the franchise could not live up to it. There should be a ceiling set, kaut not a minimum. Councilman Sreider said he would agree there should be a ceiling, but not $9.95. He said he did not know how much money it took to run a cable system, but he would assume, since one company quoted a$5.50 figure, that they could run their business profitahly using that figure. Even if they did have to go through a rate increase, the rate could stzl.l be controlled by increments. He pointed out that on the comparison sheet provided the Council of communities having cable television there are four communities that have no connection charge. Councilman Harris wondered i£, on Page 36, Sectton 28 dealing with the Adva.sory � Committee, suggesting fees could be one of their duties. The City Attorney said that the section was written with flexibility because there might be a number of duties the Council would want to refer to the committee. The rate structure could be referred to them from time to tune. If the ordinance passes in its present form, the charges are set by the ozdinance, and to change them would � LJ �� -� r i REGULAR COUNCIL MEESING OF DECEPIBER 6, 1971 PAGE 7 require an amendment to the ordinance. The ordinance would permrt the company to charge up to the maximum set by the Council. Councilman Liebl pointed out tha� there was only one municipality in the metro- politan area that is charging $9.95 for installation, and that is Bloomington. Mayor Kirkham noted on the comparison sheet that those having a lesser installation charge are those having a longer franchise period. Councilman Harris pointed out that any figures in5exted in the ordinance tonight would still be sub�ect to the review of the company receiving the franchise, and they could ask for a change in rates. He added that it is really not an apt comparison to compare a metropolitan communzty with one in an outlying area, such as Bemid7i or St. Cloud. He suggested using "not to exceed $7.50" as a wmpromise. Councilman Liebl said that he would like to see the maximum set at $9.95 w�.th the understanding that it could not be raised for fa.ve years. Councilman Harris said he offered his compromise as an effort to find a figure to agree upon. An installation fee may be waived by the company during sales campaigns, but if a company finds that they cannot make it, they would reduce their sales campaigns. Councilman Kelshaw said he would agree there would have to be a ceiling, and he would certainly want something of good quality. Perhaps the $7.50 figure would be a happy medium. Councilman Breider agreed and said that a$7.5D figure would be the maximum he would agree to. Mayor Kirkham said that i£ the $9.95 figure was adopted, the company would have more latitude and could then reciuce or waive the fee during sales promotions. He said he would prefer the $9.95 £igure, but in the intexest of aompromise, he would accept the $7.50 figure. The Council agreed for the blanks le£t for installation charges on Pages 27 and 28, Section 22, the words "not to exceed $7.50" are to be inser�ed. The Council then discussed the monthly service charges. (Section 22, B) The suggestion was made by Councilman Breider, with the agreement o� the Council, that a paragraph be added to this secion on Page 30, B-6 to provide for a 50'o discount of the regular rates for those senior citizens 62 years of age or over. The Council then agxeed that for single family dwellings, multiple dwellings, commercial and mobile homes the first outlet is not to exceed $5.50 with each additional ou�.- let not to exceed $1.00. Thexe is to be a sliding scale applied to multiple family dwellings, commercial and mobile homes as follows: 5 - 19 Units 20 - S9 Units 60 -100 Units Over -100 Units Not to exceed $4.75 Not to exceed 53.50 Not to exceed $2.25 Not to exceed $1.25 The City ManageY pointed out that in this section, C- Disconnection was added. This was so that a subscriber could not get a reduced or waived installation fee, then in the future decide he did not want cable television, only to have the company charge a high disconnection fee. Counca.lman Liebl sugqested, with the agxeement of the Council, £or 5ection 28 - CATV Aduisory Committee, that there be 5 members wrth 1 for a one year term, 2 � £or a texm o£ two years,-and 2 for a term o£ three years and thereafter theix successors shall be appointed for a term of three years. Councilman Liebl asked i� in Section 9, Page 6, the Council was in agreement that the franchise length should be 15 years, and added that he understood that it would take about lg years to put tihe system into operation, and there was some indication � L� A)� � V � REGULAR COUNCIL MEETING OF DECEMBER 6, 1971 PAGE 8 made that it would be about 7 years before the company would be showing a profit, � therefore, he felt that 15 years would be fair to the company and also the community. The rest of the Council agreed that 15 years seemed faar. Councilman Harris asked how the rates are covered in regard to non-profit organizations. The City Manager said this is covered in Section 22, E- Cable- casting Rates, on Page 31. Councxlman Harris suggested the heading be changed to; "E. Cablecasting Rates E'or all Educational, Library, Governmental and Non- profit Community Organization Users". Mr. Jim Gibson said he had a comment to make regarding Section 14 - Inspection of Property and Records, D, on Page 31. He felt the complete set o£ maps should be available at City Hall for the use of all contractors, and this provision should be mandatory. After a short discussion it was decided to make the first sentence read as follows: "The company shall provide to the Crty a current map or set of maps----". Councilman Liebl called the Council's attention to the newspaper clipping regarding the Bloomington lawsuit involving their award of the franchise and read the state- ment of the presidixig �udge as Pollows: "A cable television franchsse is not amenable to the lowest responsible bidder concept because of the sub7ective determinations." He asked the City Attorney his views. The City Attorney said he had called the Bloomington City Attornep to request a copy o£ the judge's decision, but had not received it yet, He said he would agree with the judge and in his opinion this is not the type of activity necessitating the calling , for sealed competitive bids, and the award need not be made in the same way as for a bid. Councilman Kelshaw said that the charge has been made that the Council is movanq too fast, but he, personally, felt that this has been going on for a long time, and that he has spent many long hours on this pro�ect. He said this i5 not con- sidered as a revenue to the City and that Fridley will be proud in the future to have taken a big step £orward and done something good for mankind. He said ha certainly appreciated the input from the citizens and also the fine job the companies have done in getting their rnformation to the Council. He saa.d the drive to St. Cloud to look over their system was a very valuable experience. The School District started on a shoestring and now have a fine system wi'th very little problems. The school seems to be very pleased with the system. He said he went through the school and the youth are very involved in cable tele- vzsion. Contrary to the fear the Council has heard here in Fridley, in St. Cloud, they have trouble filling one public access channel. This leads him to believe that the provisions for public access are more than adequate for Fridley. Ae said he has gone through all three proposals thoroughly and a.s certa�.n any of the three companies could do a fine job in Fridley, which makes the problem of picking one company a very difficult decision. He said the comment was made, and he would agree, that it would be an asset to have a local company. The local company also does not have any other system eurrently under construction and could devote their £ull attention to Fridley. This local company has their home office in Minneapolis, so if there were any problems, Fridley could get attention immediately. As he stated when he took office, when � selecting a City Attorney, he felt that it should be someone local, because he would then be dealing with his own people and would have to live with them. He said with these things in mind he would like to make the following motion: , F��� � �- , REGULAR COUNCIL MEETING OF DECEMBER 6, 1971 PAGE 9 � MOTION by Councilman Kelshaw to approve the cable television franchise ordinance on first reada.ng and waive the reading, also to award the franchise under the terms of the ordinance to General Television of Minneso�a, Incorporated, and instruct that the ordinance be brought back for second reading on December 13, 1971, Seconded by Councilman Liebl. � � Councilman Breider said he would agree with tha.s, and added that the imput has been excellent. The four school districts have asked that this be held up, but he felt there was no need for f'urther delay. The ordinance provides adequate safeguards for the changing technology, and he believed this ordinance has every provision in it that he was conaerned with. Councilman Liebl questioned in Section 28, CATV Advisory Committee, Page 36, how the members are to be appointed; by a ma7ority vote of the Council? The City Manager said he had thought in terms of a simple ma�o�ity, and would add a sentence to that effect, if the Council desired. Mayor Ktrkham comntented that this action fuxthers the image of leadership Fridley has en�oyed in the last several years. THE VOTE upon the motion, being a roll call vote, Breider, Kelshaw, Kirkham, La,ebl, and Aarris voting aye, Mayor Kixkham declared the motion carried unanimously. RECESS: Mayor Kirkham declared a recess at 9;50 P.M. The Council Meeting reconvened at 10:15 P.M. DISCUSSION REGFtRDING RELOCATION OF 115 KV LINE WITHIN CITY OF FRIDLEY: Mr. S4arren �ohnson, Northern States Power Company, said he was happy to xeport the definite progress that has been made in the relocation of the 115 KV line He gave a copy of the letter Erom NSP dated October 27, 1971, signed by G.R• Coleman, along with the approval by Buslingtori Northern, signed by Robext A. Juba, to the Council to receive. He then referred to the letter from Burlington Northern dated November 26, 1971 and signed by Robext A. Juba, and read it aloud for the Council. In it Burlington Northern states they have now received approval o£ their engineering and communications people. He saa.d on the basis of Burlington Northern approval, they have ordered their material and scheduled their con- stxuction crew to start January 3, 1972, and hope to be completed, weather pezmitting, the fa.rst week in February, 1972. MOTION by Councilman Liebl to receive the above referenced lettexs. Seconded by Councilman Harris. Upon a voice vote all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLAIQNING COMMSSSION MEETING OF NOVEMBER 17, 1971 VACATION REQUEST: SAV #71-07 SY VIRGINIA T. JACOBSEN: To vacate �ast-West alley in Block 3, Spring Brook Park Addition MOTION by Councilman Breider to set the Public Hearing date for the vacation requested by Virginia T. Jacobsen fox January 10, 1972. Seconded by Councilman Ziebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. � -L �'1 REGULAR COUNCIL MEETING OF DECEMSER 6, 1971 PAGE 10 REZONING REQUEST, ZOA #71-09, BY CASTLE MOBTLE HOMES, INC.: To Yezone the westerly 600 feet of the northerly 750 feet of the NE'� of the NW�S of Section 12 to be rezoned from M-1 (light industrial area) to C-25 �general shopping area) AND REQUEST FOR SPECIAL USE PERMIT, SP #71-14, CASTLE MOBII.E HOPIES, INC.: Per Section 45,101 3N of the Fridley Crty Code fox the location of mobile home sales on the westerly 600 £eet of the southerly 320 feet of the northerly 750 feet of the NE; of the NW'-, of Section 12 Councilman Harris said that he felt that this item should properly be discussed under the Planning Commission Minutes. This property was originally commercial, then it was changed to light industrial. As late as 1- 2 weeks ago, the City talked about locating a municipal off-sale store on this property. Under the ordinance the City could not have located there under the present zoning. He said he would have to differ wrth the Planning Commission in ree�ard to the use of this property. The concern has always been not to get into a situation where there is strip zoning, and to make sure it is a substantial piece of pxoperty �or development. This piece o� property is substantial, and it is also located along the highway and he felt it should be developed to commercial as there is access to the highway. It appeared to him that this whole area is being used as commercial with the exception o£ Strite-Anderson. He said the best and highest use of the land would be commercial and he could see no reason to have property fronting on a highway zoned industrial. Councilman Breider said he would agree, maybe the best use of the land would be commercial, but why trailer sales? His main objecta.on to the plans Viking Chevrolet presented was that it appeared to be a sea of blacktop and this appears to be the same, with no structure. Councilman Harris said they would only be using the south portion of the lot for mobile home sales and they would then close their sales lot further south. He said he would disagree with the comment made that there should be a permanent structure. In that case there would still have to be a special use permit, and there would be some obligation to perpetuate that permit. He said they will have contsols the City did not have with the original plan. They will requxre a certificate of occupancy and without that they could not use the land, and if they did not comply, they could not get the certificate. He suggested putting the permit on a five year basis to allow them to be able to amortize their investment. Mr. Rotter, Castle Mobile Homes, said that would be satisfactory to them, Councilman Liebl said that he must agree with the comments of Chairman Erickson. Two years ago the Council granted a special use permit to Castle Mobile Homes to operate a mobile trailer sales office subject to the stipulations of the Building Standards - Design Control. These requirements were violated. The permit was given to Castle Mobile Homes with the stipulations they were 'to blacktop their driveway, the vehicles were to be 15' apart and now they are about S' apart, there were to be restrooms, security lighting and there were violations of the sign orda.nance. He said the question to be answered is if this would be detri- mental to a community trying to build a firm tax base. 2£ this Counczl agrees to this rezoning, he would like to impress upon the applicants that he would certainly like some assurance they will live up to the requirements placed on them. These violations are what irritated the Planning Commission, and the end � � �_ � �F __`� C � REGULAR COUNCIL MEETING OF DECfiMBER 6, 1971 PAGE 11 � resul� of their present business location is a disgrace. A temporary building would not be an asset to the aYea. As Mr. Minish and Mr. Schmedeke poa.nt out in the minutes, this would create a traf£ic problem and the City would be obligated to give access. Mr. Rotter said he was a resident of Fridley and is proud of his City and wants to contribute to it. Their company was foxmed in Fridley, and has become very successful in the State of Minnesota. He said he does his banking in Fridley and wants to call Fridley his home. Many people do not consider mobile home sales a business wanted in the City o£ Fridley. He said if the Council would want to impose restrictions on them, they would be happy to comply with them. He said in respect to the violations, the only one they were aware of was the sign va.olation. As to 'the blacktop driveway, he said he spoke to someone, and his understanding was that it was to be a hard surface, so they put on Class V with a coat of oil. They do have a security lighta.ng system and restrooms. As to the vehicles parked too close together, this was only recently because they have outgxown their location, and this is what prompted them to look £or another location. He said he did not know they were in violation of the sign ordinance with their pennants until it was pointed out to them at the Planning Commission Meeting, He said they have had inspections, and if they were in violation, they should have been told and they would have coxrected them. Mr. Swanson added that the pennants have only been up for about a month. � Councilman Harris said that this property is large enough to support a good commercial development. Puttinq a permanent structure into the ground at this time would be a mistake. If the applicants have a five year special use permit, they may find out that the property is so valuable that it is no longer feasible to opex'ate a sales office at that location and would sell to a higher commercial use. If that should happen, a small permanent structure could be a detriment. Mr. Rotter said yes, they would use the land for a sales o�fice, but i£ a buyer should make a good of£er, they would sell. Councilman Harris said that they would operate under a certi£icate of occupancy, and he felt that the special use permit request should go back to the Planning Comma.ssion for them to make a recommendation on what it should contain. Those conditions would be made a part of the permit, if the Council felt they were fair and reasonable, and they could not operate until those conditions were met. Mayor Kirkham agreed and commented that if �they were allowed to continue their business in violation, it was the City's fault, not thea.rs. Councilman Kelshaw suggested the records be checked to see if there is a record of these violations. Councilman Liebl commen�ed that ha.s remarks were not meant personally, but he has to respect the recommendations o£ the Planning Commission who go into greater detail on every request than the Council does. These are men who give their time voluntaxily. He added that he hoped the applicants would keep their word and Mr. Rotter said they certainly would. MOTION by Councilman Harris to approve the rezoning ordinance for Castle Mobile Homes on fixst read�.ng, waive the xeading, and instruct that the special use � permit be sent back to the Planning Commission for their recom�tendation. The second reading to be held until their recommendation is received by the Counca.l. Seconded by Councilman Breider. Councilman Liebl said this would not be fair to the Planning Commission and would be taking advantage of these men, and amounts to putting the carriage before the � ra4) REGULAR COUNCIL MEETING OF DECEMBER 6, 1971 PAGE 12 horse. Councilman Harris pointed out the Council would have their evaluation � before the second reading. Councilman Liebl said they have already given their opinion an,d this would be an insult. How can thay make an impartlal decision when the Council has already taken official action? Mayor Kirkham said this would not be setting a precident, merely a matter of saving some time. Council- man Harris said that this is no different than two previous situations he could think of in which the Council reversed the decision of the Planning Commission. THE VOTE upon the motion, being a roll call vote, Kirkham, Harris, Breider and Kelshaw voting aye, Liebl voting nay, Mayor Kirkham declared fihe motion carried. MOTION by Councilman Breider to receiVe the Minutes oE the Planning Commission Meeting of November 17, 1971. Seconded by Councilman Aarris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OE THE BIIILDING STANDARDS - DESIGN CONTROL MEETING OF NOVEMBER 23, 1971: l. CONSIDERATION OF A REQUEST TO CONSTRUCT PROJECT II (258 CINIT) APARTMEIVT COMPLEX LOCATED ON THAT PORTION OF THE EAST '-g OF THE SOUTHEAST a OF SECTION 24� LYING NORTH OF INTERSTATE #694, FRIDLEY, MINNESOTA. (REQUEST BY VIEWCON� INC.� 5901 OSSEO ROAD� BROOKLYN CENTER� MINNESOTA): The Crty Engineer reported that the Building Board recommended approval sub�ect to their stipulations. This plan provides for a greater number of units with a � smaller space per unit. The average size of apartment units the past few years has been quite good. They wzll be providing undergxound parking and recreational facilities. The outside treatment carries the same theme in using rough sawn cedar siding. He then showed the plans on the easel. Councilman Harxis asked if the exterlor is flat, or if there is any relief. Mr. Dan Swedberg said there was relief within each unit through the use of balconies. There are also stair towers which provide some relief. The rooP lines break c��rv7L allows separation of the bua.lding into four distinct wings. The breaks are about 10' in depth. All the one bedroom units are on the ground floor and the wider two bedroom and efficiencies above so there is a sheltering effect above the first floor. They are arranged in blocks with the block reversed on the other side which also provides £or some variety in the appearance of the front. He added there are 6" sunken livzng rooms. There will be undergxound parking, also some surface parking on the side. Counci]man xelshaw asked the construction cost per unit and Mr. Chuck Van Eeckhout replied between $15,000 to $16,000. Councilman Harrl.s asked what size the units are to be. Mr. Swedberg replied the effyciencie5 are 521 square feet, the one bedroom units are 630 square feet and the two bedroom unxts are 805 square feet. These units will not draw a high rental; the efficiency will rent for $135, the one bedroom $168 and the two bedroom for $195. There are 138 one bedroom units, 60 two bedroom units and 60 efficiencies, Councilman Harris said these units were very small, and was not really the concept he had envisioned for Viewcon. Mr. Swedberg said their apartment units are broken down into two proposals. The � other phase of the apartment pro�ect al�dy approved was more spacious and had a higher rent. By having the two types, they offer a variety to the customer, and they would be al�le to achieve a good mixture. Mr. Van Eeckhout added that F' _ �'r REGULAR COIINCTL MEETING OF DECEMBER 6� 1971 PAGE 13 � the other apartment units previously approved were much more luxurzous and the size is from 1050 square feet to 1200 square feet. The quality of construction will be the same with the smaller units. He said they had two choices in how to achieve a lower rent; one was to reduce their quality, which they did not want to do, and the other was to maintain the same high quality, but reduce the square footage. This is what they chose to do. There are many people that 7ust cannot afford to pay $275 -$300 in rent, and they wanted to give all people an oppor- tunity to be able to rent in the area. MOTION by Councilman Kelshaw to table this item to the next regular Council Meetinq and in the meantime, he would like to meet with Viewcon to settle some questions he still has in his mind. Seconded by Councilman Liebl. Upon a voice vote,all voting aye, Mayor Kirkham declared the motion carried unanimously. Mr. Van Eeckhout told Councilman Kelshaw he would be happy to meet with hun and asked him to contact him to set up a meeting. 2- CONSIDERATION OF A REQUEST TO CONSTRUCT AN ADDITION TO THE EXISTING BUILDING LOCATED ON LOT 23 AND 24, BLOCK 7, ONAWAY ADDZTION, THE S.AI� BEING 7735 BEECH STREET N.E., FRIDLEY� MINNESOTA. (REQUEST BY INVENTORS ENGINEERING, INC., 7735 BEECH STREET N.E., FRI➢LEY. MINNESOTAI: The City Engineer said tj-iat Inventors Engineering, Inc. plans on putting on a new front on their existing structure and spruca.ng up their building. This building, � when originally built, did not have adequate parking and the concept was to open up the platted alley. The alley is not opened at this time, but he felt it should be to provide access at the back and get the parking away from the front. He then showed the area on the overhead pro�ector. They are now going onto thea.r neighbors property to get to the parking area they a.re using �ust south of their building. The westerly � of the block is developed light industrial and he would assume the eastexly � would be developed in the same manner. Councilman Ereider asked if there was no place to put a parking lot. The City Engineer said there was about 20' behind the buildang next to the alley, which would be tight, but could be used. They are park�.ng in front of the building now. Mr. Paul Smith, Inventors Engineering, Inc., said they were trying to make arrangements with the gentleman owning the lot to the south, and if he grants permission, they will continue to park on the south side of the building. He would like to come to an agreement with him to blacktop that area. As soon as the alley is opened in back they will blacktop there with the objective being to remove the parking in front. He said they would also be willing to try to arrange for parking across the street. He saa.d his company makes automated machines and they want their building to reflect the quallty of their product, and he did not want parking in the front. He said he was very concerned with finding a solution to this problem. He said at the present time they have 14 employees and their present plans involve making two buildings into one. On the right side o£ the builda.ng there is a loading chute and they ase planning to make this into office space. They w�.11 be eliminating an overhead doos and upgrading the front of the building. The offices will be all carpeted, along with the engineering lab. If � they could get a loading chute in the back, they would eliminate the other one in £ront. The Czty Engineer said, a.f the Council approves the plans, he would recommend, besides the Building Board stipulations, that there be an agreement with the property owner to the south to blacktop that lot. Also to try to get that alley ��`� REGULAR COUNCIL MEETING OF DECEMBER 6, 1971 PAGE 14 opened up and blacktop the back portion of his lots. He is also to put in some � plantings. This will be an improvement to a difficult situation. Mr. Richard Harris said he owns Lots 1-7 across the alley and �ust to the north of this site. He said he was not in favor of "T" alleys because the trucks cannot get around the corner. He questioned whether the alley could be run out to 77th Avenue. The City Engineer said he was not suggesting that the aliey be opened now until the easterly '� of the block develops. This would be a long range thing, and what is done wrth the alley would depend on how the east '� of the block develops. He added that the property �ust south of Block 7, along 77th Avenue, is zoned industrial, but there are some residential homes on the lots_ He felt that with the industrial development going on in Onaway, that property will become too valuable for them to hold, and it will eventually be sold as industrial property. MOTION by Councilman Breider to approve the plans for Inventors Engineering, Inc., sub7ect to the Building Standards - Design Control stipulations with the additional conditions suggested by the City Engineer. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. 3. CONSIDERATION OF A REQUEST TO CONSTRUCT A PROPOSED FOUR STALL GARAGE LOCATED ON LOTS 11, 12, 13 AND 14� BLOCK 3, SPRING BROOK PARK ADDITION, THE SAME BEING 231 79TH WAY N.E., FRIDLEY, MINNESOTA. (REQUEST BY VIRGINIA T. JACOB5EN, 231 79TH WAY N.E., FRIDLEY, MINNESOTA): MOTION by Councilman Harris to approve the plans for the garage as submitted, with � the permit to be withheld until the vacation of the alley is completed. Seconded by Councilman Kelshaw. IIpon a voice vote, all voting aye, Mayor K�rkham declared the motion carried unanimously. MOTION by Councilman Liebl to receive the Minutes of the Building Standards - Design Control Meeting of November 23, 1971. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF .APPEALS MEETING OF NOVENIBER 23, 1971; 1. A REQUEST FOR A VARIANCE OF SECTION 45.134, 6� FRIDLEY CITY CODE� TO REDUCE THE MINIMUM FRONS YARD SETBACK, WHEN AN M-1 PImPERTY IS ADJACENT TO A DIFFERENT ➢ISTRICT, FROM 100 FEET TO 70 FEET TO ALLOW THE CONSTRUCTION OF A WAT{EHOUSE AND OFFICE BUILDING TO BE ON PART OF LOT 1, PARCEL 300, AUDITOR'S SUBDIVISION #89, THE SAME BEING 1305 72ND AVENUE N.E., FRIDLEY, MINNESOTA. (REQUEST BY BRYANS-FRANKLIN Q�RPORATION, 1000 WEST COUNTY ROAD D, NEW BRIGHTON� MINNESOTA): The Ca.ty Engineer said that this was a warehouse - office building and because of the layout, they feel that it would present a better appearance to face 72nd Avenue which then requires a variance. The Board of Appeals agree$ with them and felt this layout adds more aesthetic value to the area than having the loading docks face 72nd Avenue. MOTION by Councilman Kelshaw to concur with the Board of Appeals and grant the � variance requested by Bryant-Franklin Corporation. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously, ��" ° � r��� REGULAR COUNCIL MEETING OF DECEMSER 6, 1971 PAGE 15 � 2. A REQUEST FOR A VARIANCE OF SECTION 45.053, 4A� FRIDLEY CITY CODE TO REDUCE THE MSNIMUM FRONT YARD SETBACK FROM 35 FEET TO 30 FEET SO ALLOW THE CON- STRUCTION OF A FRONT ENTRY ONTO EXISTING DWELLING LOCATED ON LQT 9� BLOCK 4, PARKVIEW OAK5 1ST ADDITION� THE SAME BEING 5516 REGIS DRIVE N.E., FRIDLEY LSINNESOTA. (REQUEST BX MR. EDWARD W. FIIERSTENBERG, 1319 CIRCLE TERI2F�CE, COLUMBIA HEIGHTS, MINNESOTA): MOTION by Councilman Breider to gran�. the variance as requested by Mr. Edward Fuerstenberg. Seconded by Councilman Laebl. Upon a voice vote, all voting aye, Mayor Kiskham declared the motion carxied unanimously. MOTION by Councilman Kelshaw to receive the Minutes of the Board of Appeals Meeting of November 23, 1971. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayox Kirkham declared the motion carried unanimously. REPORT REGARDING SS&SW PROJECT #105-1 AND CONSIDERATION OF AWI�RDING OF THE CONTRACT: (Bids Opened 11:30 A.M., November 15, 1971) NOTE: Bids listed in Council Minutes of November 15, 1971. The Crty Engineer said, as the Council will recall, this award was laid over at the last meeting because the bids received were higher than the estimate. He has talked to the contractor to see if there was any way to reduce the cost, but he has been unal�le to get a recluction. He said that the letters were went to � all the affected parties advising them the bid price is 26o hiqher than the estimate. He noted there was one property owner present tonight to give his views. Mr. James A. Leidich of the Learning Tree Day Care Nursery on 53rd Avenue, said he was still very much a.n favor of the pro�ect and he has talked to Mr. Herrinqer and he also still wants the projeat. MOTION by Counca.lman Kelshaw to award the bid for Sanitary Sewer and Water Improvement Pro�ect #105, Addendum #1 to Dycon Corporation in the amount of $22,793.90. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING PETITION #26-1971 - REQUESTING A THREE WAY STOP BE TNSTALLED AT THE CORNER OF LYRIC LANE AND N1�D250N STREET: MOTSON by Councilman Sreider to receive Petition #26-1971 and instruct the Administration to install a stop sign on Madison at the intersection with Lyxic Lane. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carxied unanimously. RESOLUTION #152-1971 - A RESOLUTION ORDERIN6 IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: WATER, SANITARY SEWER AND STORM SEWER PROJECT #102: � The City Engineer said this is for installation of sewer and water utilities in the area north of Osborne Road. On Pages 32, 33, and 34 0£ the Council Agenda are maps of the proposed construction of the pro�ect as authorized by Council resolution. He said he was proposing to proceed with the pro7ect a.n stages and on the same pages also shown is the first phase of the work of the total improvement pm�ect, � ��� REGULAR COUNCIL MEETING OF DECEMBER 6, 1971 PAGE 16 but he said he is only suggesting proceeding with this work at this time. He � said he wanted to report there was a soa.l analysis taken� and they found a.n some cases the peat is 25' - 30' deep which will increase the cost of the utilities. He said his department £eels that unless this pro7ect is staged, that property difficult to develop will go tax forfea.t. The P1rst stage is to open Main Street from 79th Avenue to 83rd Avenue and 83rd Avenue £rom Main Street to T.H. #47. Then if there ls a request for utilities, it would be an easy matter to extend the utilities from the mains already in place. He said all the legal steps for the improvement have been taken, except for calling for bids. I-ie pointed out that when all the work is done at one time you get a better price, however, until the property is developed, no one could know exactly where the lines should be placed. Councilman Liebl asked if there were any ob�ections from the property owners. The City Engineer said only one, Mr. Fred Yesnes, all the others have requested the Crty to go ahead and they have well over 50%. MOTION by Councilman Liebl to adopt Resolution #152-1971. Seconded by CounCilman Breider. She City Engineer said he would like to say a word about the storm sewers. Fridley will not get help from Spring Lake Park, so there cannot be a complete system put in at this time. He said he proposed staging the installation and only putting in the pipe where absolutely necessary. If more is put in later, the system will still fit together. ThYS would lower the water table as much as � possa.ble. There will still be a large area of open ditch but it could be piped later if development dictates. He said he wanted to point out that the ditch will need continuous maintenance because of the soil conditions. Mr. Richard Harris saa.d this seems the l�est solution to a bad situation and he hoped future Councils will recognize their problems when the area is developed. He ant�,cipated problems, especially in parking, because of the ditch. THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLi7T20N �153-1971 - APPROVING THE HIGHWAY LIGHTING MAINTENANCE AGREEMENT: MOTION by Councilman Harris to adopt Resolution #153-1971, and authorize the signing of the agreement. Seconded by Council.man Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #154-1971 - URGING PARTICIPATION BY METROpOLITAN COUNCIL OF THE TWIN CITIES IN FUNDING A RECODIFICASION OF ALL LOCAL CRIMINAL AND TRAFFIC CODES IN THE METROPOLITAN AREA. MOTION by Councilman Breider to adopt Resolution #154-1971 and instruct that a copy o£ the Resolution be forwarded on to the Joint Law Enforcement Council. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. � � rW C,T Ci REGULAR COUNCIL MEETING OF DECEMBER 6, 1971 PAGE 17 RESOLUTION #155-1971 - CORRECTING RESOLUTION #114-1971 CONFIRMING THE STR�ET ASSESSMENT FOR STREET IMPROVEMENT PROJECT ST. 1970-4 (CORRECTING ASSESSMENT ON LOTS 22 AND 23, BLOCK 7, ONAWAY ADDITION: MOTION by Councilman Harris to adopt Resolution #155-1971. Seconded by Councilman Liebl. Upon a voice vote, a11 voting aye, Mayor Kirkham declaxed the motion carried unanimously. APPOINTMENT: (City Employee) Name Positian Effective ➢ate Salar Replaces Ferne M. Insley Secretary November 29, 1971 $§75.00 Sharon K. 1475 15A Street N.W. Assessor'5 per Waldstein NeW Brlghton, Minn. Office month MOTION by Councilman Kelshaw to approve the appointment o£ Ferne Insley to the position of Secretary in the Assessor's Ofiice. Seconded by Councilman Lieb1. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CLAIMS� MOTION by Counca.lman L�ebl to approve payment of General Claims #26979 through � #27131 and Liquor Claims #6156 through #6199. Seconded by Councilman Kelshaw. Upon a voice vote, all votl.ng aye, Mayor Kirkham declared the motion carried unanimously. LICENSES: Multiple Dwellinqs: Name Al1en Properties 6629 Clinton Ave. Minneapolis, Minn. Address Units 5955-65 3rd St. N.E. 4 Otto Tauer 5866 2nd Street N.E. Fridley, Minn. 5866 2nd St. N.E. 4 General Contractor E1View ConStruction Inc. 7601 73rd Avenue I3orth Brooklyn Park, Minn. By. Donald Kutz Tnventor's Engineering, Inc. � 7735 Beech Street N.E. Fridley, Minnesota By: Edward Gozdon Fee Approved By 10.00 Fire Prev. Bureau � 10.0� Fire Pxev_ Bureau Building Inspector Building Znspector �e�iT REGULAR COUNCIL MEETING OF DECEMBER 6, 1971 LICENSES CONTINUED: Roofing Potvin Sales Company 7341 Commerce Lane N.E. Fridley, Ma.nnesota By: Felix potVin PAGE 18 AppYOVed By Building Inspector MOTION by Councilman Harris to approve the licenses as submitted. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ESTIMATES: Comstock & Davis, Inc. Consulting Engineers 1446 County Road "J" Minneapolis, Minnesota 55432 FINAL Estimate #2 for the furnishing of Professional Engineering Services for Planning Sanitary Sewer, Water and Storm Sewer Pro�ect #105 PARTIAL Estimate #2 for the staking out of the construction work for Sanitary Sewer, Water and Storm Sewer Improve- ment Pro�ect #105 from october 4 through Oct. 30, 1971 Dunkley Surfacing Co., 3756 Grand N.E. Minneapolis, Minnesota Inc. 55421 PARTIAL Estimate #2 for work according to the plans and speci- fications on Water, Sanitary Sewer and Storm Sewer Improve- ment Pro�ect #103 Bury & Carlson, Inc. 6008 Wayzata Boulevard Golden Valley, Minnesota 55416 � $ 733.33 $ 1,371.04 � $27,292.64 PARTIAL Estimate #3 for work completed and materials on hand this date, according to contract for Street Improvement Pro�ect St. 1970-3 $89,546.42 MOTION by Councilman Brezder to approve payment of the estimates as submitted. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. COMNIUNICATIONS. A. TWIN CITY TESTING AND ENGINEERING LABORATORY� INC.: BLASTING LIMITS CRITERIA: MOTION by Councilman Liebl to receive the communication from Twin City Testing and Engineering Laboratory, Inc. dated November 22, 1971. Seconded by Council- man Kelshaw. Upon a voice vote, all ayes, the motion carried unanimously. �_J � � � REGULAR WUNCIL MEETING OF DECEMSER 6, 1971 B. CHIEF, FIRE PREVENTION BUREAU: PARK CONSTRUCTION COMPANY BLASTING: PAGE 19 �i M� ! f MOTION by Councilman Kelshaw to receive the memorandum from the Chief of the Fire Prevention Bureau dated December 2, 1971. Seconded by Councilman Breider. Upon a voice vote, all ayes, MayoY Kirkham declared the motios� carried unanimously. AD70URNMENT: MOTION by Councilman KelshaW to ad�ourn the Meeting. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham cieclared the motion carried and the Regular Council Meeting of December 6, 1971 ad�ourned at 11:35 P.M. Respectfully submitted, (i�/�s�/C.c'/Z-Cl�� ��«« Juel Mercer Secretary to the City Council ..i �/ L: �'�- ,i "" ".,,� Jack O. Kirkham ��_ Mayor