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12/20/1971 - 00017739� ���� THE MINUTES OF THE REGULAR COUNCIL MEETING OF DECEMBER 20, 1971 PLEDGE OF ALLEGIANCE: Mayor Kirkham led the Council and the audience in saying the Pledge of Allegiance to the Flag. INVOCATION: Reverend Gilbert C. Anderson, Fridley Covenant Church offered the Invocation. Mayor Kirkham called the Regular Council Meeting of December 20, 1971 to order at 7:33 P.M ROLL CALL: MEMBERS PRESENT: MEMHERS ABSENT Breider, Kirkham, Harris, Kelshaw (Liebl resigned effective December 15, 1971) None FRI➢LEY COUNCILMAN - THIRD WARD: .RECE2VING LETTER OF RESIGNASION EFFECTIVE DECEMRER 15, 1971� FRANK G. LIEBL. COUNCILMAN - THIRD WARD: Mayor Kirkham read aloud the letter o£ resignation submitted by Frank Liebl, Councilman of the Third Ward. MOTION by Councilman Breider to receive tIie commiunication dated December 14, 1971. The motion was seconded by Councilman Harris, and upon a voice vote, all votzng aye, the motion carried unanimously. RESOLUTION #164-1971 DECLARING A VACANCY IN THE OFFICE OF COUNCILMAN WARD THREE AND MAKING AN APPOINTMENT TO FILL THE UNEXPIRED TERM OF THAT OEFICE: Mayor Kirkham stated that the resignation of Councilman Frank Liebl creates a vacancy in the Third Ward, and it would be in order to appoint a new Councilman, Mayor Kirkham said that, in his opina.on, there was only one choice for the Council to make. In the primary election 6 or 7 people had indicated an interest to serve the Crty, and this was narrowed down to the £irst and second choice, at the general election, some 5200 voters gave the winner 50.60 oP the vote, wh.tch he felt was as near a tie as possible. He said essentially half 'the voters wanted one man, and half the voters the other man, and this was the Council's opportunity to satis£y the other half of the voting people by naming Donald R. Mittelstadt for the vacancy. 1 ' Councilman Harris said that when it came to his attention that Mr. Liebl's letter of resignation was on the Agenda, he reviewed the people in this area ' who might express an interest in serving as Councilman. He said there are many well qualified candidates that are not able to serve because o£ personal commit- ments or �ob commitments, but Fridley is also fortunate in having in the community a number o£ people very talented that are willing to serve, and he 'y�.�_ a;, ,. REGULAR COUNCIL MEETING OF DECEMBER 20, 1971 PAGE 2 , £elt the Mayor's suggestion had merit. He saa.d he has known Mr ponald Mittelstadt for many years and he has served da.ligently and faith£ully on the Board of Appeals, the Planning Commission and a committee that Councilman Harris was responsible for, and he has demonstrated his ability and his desiTe to serve. Councilman Harris said he was disturbed with the statement made that someone could not work with a defeated aandidate. FIe said that at one time Frank Liebl ran against Mayor Kirkham and they have worked together. He said that the community must come first. MOTION by Councilman Harris to insert the name o£ Donald R. Mittelstadt in the resolution as the appointed Councilman. The motion was seconded by Council- man Kelshaw for discussion. Councilman Kelshaw said he again finds himself in the posrtion of making an important dec,�sion, as he had clone last January in voting to appoint Virgil Herrick as City Attorney. He said at that time he had voiced his reasons why he had voted for Virgil Herrick, and Mr. Herrick had not let him or the City down. Councilman Kelshaw said he believed he was elected because he saa.d he would do what he believed was right, honestly and truthfully, and there would be no pressure on any decision £rom a cla.que, small group, either party, or anyone else. He belzeved he was elected to make decisions after he had looked over and studied each situation. � Councilman Kelshaw said he had called City Hall to find out the percentages o£ voters voting for each candidate under the new realignment of Wards and he came up with 47.5 for ponald Mittelstadt in. Ward 3 and 50.6 for Everett Utter. He has received many telephone calls asking how he was going to vote, but no member of the City Council has put any pxessure on him. He has had it saa.d to ham, however, that if he voted one particular way, his political future would be in 7eopardy, and if he cannot make a decision and vote on it, he would say there won't be any political future. He said he worked for the people anci will con- tinue to do so. Councilman Kelshaw stated that he will vote with a clear con- science and would never 7eopardize his Christian convictions in any form. Councilman Kelshaw said he wanted to mentiora the £act that he had received a call regarding some insurance £orms that had been sent by mistake to Councilman Breider rather than Mr. Mittelstadt. Mr. M.�ttelstadt had inquired a.nto Council benefits and had requested he be £urnished the forms to fill out in case he was appoa.nted. He felt this was a positive attrtude to take, and bxought it out so no one thought there was anything being done wrong at City Hall. Councilman Breider stated that he was very glad Councilman Kelshaw had brought out the matter of the insurance forms. He said that most of the time he feels everyone is free and open with each other, but when he read Nlr. Mittelstadt's name on the envelope he received, and he had never been approached about his appointment, he felt it was logical for him to question. � He said that he would like to speak on Councilman Harris' comments regarding qualifications. He said that in the last few years Mr. Mitl;elstadt had presented his credentials to the voters twice and both times had been re7ected. He felt that this was a mandate. ;1���� REGULAR COUNCIL MEETING OF DECEMBER 20, 1971 PAGE 3 Councilman Breider said he did not feel the question of getting along with another , Councilman would be a problem. He said that as long as a Councilman was open wa.th his programs and brought them to the Council for open and free discussion, he would have no trouble working with any Councilman. Councilman Kelshaw said he was glad to hear Councilman Breider say this, as he felt that time was so short in government to $o a good �ob for the people, they could not be fighting among themselves. He thought the Mayor Elect thoughts were good to resign and not be a part of this vote, He thought this showed confidence in the Council and in Donald Mittelstadt, or he would not have stepped down. Mr. Carl Paulson handed out a form letter addressed to the Voters of Fridley. He said that what the audience had heard were contradictions and distortions of fact. He said he did not believe the candidate was qualified £or the job. Councilman Kelshaw called for the question, and upon a voice vote, Councilman Breider voting nay, the MOTION to insert the name of Donald R. Mittelstadt in the Resolution and adopt Resolution #164-1971 carried. SWEARING IN OF NEW FRIDLEY COUNCIZMAN - THIRD WARD - DONALD R. MITTELSTADT: Mr. Donald R. Mittelstadt was called to the Counca.l table and the Oath of Office was given by the Crty Clerk, Marvin C. Brunsell. Councilman Mittelstadt signed the Oath of Office and was congratulated by the City Council. Councilman Mittelstadt took his place at the Council table as the Councilman of the Third , Ward. APPROVAL OF THE MINUTES OF TAE REGULAR COUNCIL MEETSNG OF DECEMSER 6, 1971: MOTION by Councilman Breider to adopt the Minutes as submitted. Seconded by Councilman Harris. Upon a voice vote, there being no nays, the motion carried unanzmously. OF THE MINUTES OF THE PUBLIC HEARING MEETING OF DECEMBER 13. 1971: MOTION by Councilman Breider to adopt the Minutes as submitted. Seconded by Councilman Mittelstadt. Upon a vmce vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Breider to adopt the Agenda as submitted. Seconded by Councilman Kelshaw. Upon a voice vote, there being no nays, Mayor Klrkham declared the motion carried unanimously. CONSIDERATION OF MUNICIPAL POOL FOR FRIDLEY: Councilman Bxeider asked i£ it was the City Manager's recommendation that the questions in his memo be pursued. The City Manager said that earliex Councilman Kelshaw had znquired about a municipal swimming pool and they were given a ' report. The Council then asked additional questions, which he has txied to answer in thzs supplemental report. If the Council is interested in pursuing this, he suggested they refer rt to the Park and Recreation Commission and the Administration to answer the questions raised in the report to the Council dated December 17, 1971. � �r„ G� REGULAR COUNCII. MEETSNG OF DECEMBER 20� 1971 PAGE 4 � iHOTION by Councilman Breider to refer the development of a plan for a municipal swimmittg pool to the Park and Recreatlon Commission and Administration, as the Council cannot really discuss it until they have the answers to some of the questa.ons. Seconded by Councilman Mittelstadt. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. ORDINANCE #497 - TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS (TO REZONE FROM M-1 TO C-2S). AREA GENERALLY LOCATED AT THE SOUTHEAST CORNER OF OSBORNE ROAD AND T.H. #65, AND CONSIDERATION OF SPECIAL USE PERMIT - CASTLE MOBILE HOMES: Councilman Haxris said that at the last meeting, it had been his understanding that the request for a special use permit would go to the Planning Commission December 15th, and would be back at the Council meeting with their recommendation. The Petitioner called him and said he Pound there was no Planning Comma.ssion Meeting until after the first of the year, and he had requested that the item be put on this Council Agenda. He stated that the Petrtioner is in the audience tomght. Councilman Harris said that as long as the Planning Commission was not meeting, the staff set up stipulations for the special use permit• He said he would like to have the Comment to the Council in the index of the Agenda changed to read that the item was on the Agenda at the request of the Petitioner. Councilman Breider asked to see the landscaping plans, and the City Cngineer handed out copies. Councilman Kelshaw asked about the original stipulation calling for the units to be 15 feet apart. Councilman Harris said that this was � ev�dently a decision made at the time of the original request at the old location, which was residential to the rear and had developed property on both sides, but it is very open at the new location. MOTION by Councilman Breider to adopt Oxdinance #497 on second reading, waive the reading and publish. Seconded by Councilman Kelshaw. Upon a roll call vote, Kirkham, Mittelstadt, Harris, Breider and Kelshaw all voting aye, Mayor Kirkham declared the motion carxied unanimously. Councilman Harris said he had certain things to pass on for Council consideration concerning the special use permit. (1) The special use pernut �.s to be governed by a certificate of oecupancy, issued after the improvement is in place and all City Inspectors have signed it that all conditions have been met. (2) The special use permit is to be effect�.ve for a period of five years duration. (3) When permanent facilities are built, the owner is to provide an easement for roadway to Osborne Road behind the Frostop Drive-in. (4) The area outlined on the Plot Plan is to be blacktopped. (5) The office is to be at least 24' X 48' on concrete blocks and to be skirted to give the appearance� of a permanent struc- ture_ (6) The landscapinq is to be done according to the landscaping plan and blacktopped and curbed. (7) Unrts to be a minimum of 8 feet apart with a maxi- mum of 30 units at the site. (8) The parking lot to be curbed wrth blacktop cuxb and striped for customers and employee parking. t9) There shall be not less than four security lights around the perimeter. (10) There are to be wood walks to a11 una.ts fxom the blacktop area. (11) Security £ence to be provided on ' the south side of property from where the trailers start to the eastern edge. (12) Al1 vacant property to be graded and seeded. The City Engineer added tha� this was agreed to with the previous owner and he felt that agreement would sti7.l cover rt. (13) The sign is to conform to City Ordinances without a variance, and be the proper distance back £rom the service road. Councilman Harris said the petitioner had indicated there is a Naegele Company sign there now. 1 ii � REGULAR COUNCIL MEETING OF DECEMBER 20� 1971 PAGE 5 Mr. Eldon Schmedeke, visitor to the Council Meeting, asked if there were going , to be sewer and water connections to the restxooms. Councilman Harris said they will have to provide these. Mr. Schmedeke also asked if they will be able to assess this, as not being able to assess rt would be one objection to a tempo- rary office. The Petitioner, Mr. Rotter, stood up in the audience and said he would go on record that he would allow it to be taxed as a permanent stzucture or real estate. Councilman Kelshaw requested this be listed as a stipulat�on: (14) The office will be taxed as a permanent stx-ucture. Mr. Schmedeke expressed concern that this would be the start o£ another mobile park. She City Attorney saad that rt wouZd take a rezoning before it could become a mobile park. The Petitioner, Mr. Rotter, was asked if he would agree to the 14 stipulations mentioned. Mr. Rotter said that they definitely wa.11 concur. MOTION by Councilman Harris to grant the special use pernut to Castle Mobile Homes suh�ect to the 14 stipulations listed. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. FIRST READING OF AN ORDINANCE FOR REZONING FROM R-3 TO C-2 - GENERAL REALTY: The City Engineer showed the area requested for rezoning on the overhead pro- �ector. He pointed out that the Planning Commission recommended approval, after discussing that they would like to see the a11ey improved to 53rd Avenue when , the rest of the alley is being done. Councilman Harris agreed, as he would not want to see the alley done �ust half way in this area. The City Engineer said that the rezoning for the Way Dar Land Coxporation (Little Dearborn - antique car shop) will be coming back to the Council at the same time this rezoning will be back for a second reading and the alley can be discussed at that time. MOTION by Councilman Harris to adopt the Ordinance on first reading and waive the reading. Seconded by Councilman Breider. Upon a roll call vote, Breider, Kelshaw, Kirkham, Mitielstadt and Harris voting aye, Mayor Kirkham declared the motion carried unammously. RECEIVING THE MINUTES OF TH� PLANNING COMMISSION MEETING OF DECEMBER 8� 1971: 1. REQUEST FOR A SPECIAL USE PERMIT, SP #71-15 BY EVERT R. SWANSON: (Lots 18 and 19, Audltor's Subdivision #29, except the east 190 feet, £or a parking lot in vacant R-1 area per City Code 45.051 - 3E. The City Engineer showed the lots on the overhead projector and explained that th,ts is basically a landlocked piece of property, and they want to provide a parking lot for the customers of their proposed printing plant. MOTION by Councilman Harris to concur with the recommendation of the Planning Commission and approve the special use permrt sub�ect to the approval of the plans for the printing plant by the Building Standards - Design Control Suh- committee and the Crty Council and that the requirements for screening of the � parking area, as discussed in the Planning Commission Minutes, be met. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. ' � � P �7°�� REGULAR COUNCIL MEETING OF DECEMBER 20, 1971 PAGE 6 2. REQUEST FOR SPECIAL USE PERMIT, SP #71-16, EVERETT F. UTTER: (Per Section 45.051, 2A. Fridley City Code to cons�ruct an accessory bua.lding for storage on Lot 6, Block 2, Moore Lake Hills Addition) The City Engineer showed the area on the overhead pro7ector, and stated that the Planning Commission recommended approval. He said the City was working with the property owner on some drainage problems. Some work was done this spring and it should be finished next spring. MOTION by Councilman Mittelstadt to concur with the recommendation of the Planning Commission and approve the request for a spemal use permit to construct an accessory building. Seconded by Councilman Harris. Upon a voa.ce vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. 3. CONSIDERATION OF A PROPOSED PRELIMINARY PLAT, P.S. #71-04, BURLINGTON NORTHERN INDUSTRIAL PARK PLAT NO. 1- FRIDLEY, BY BURLINGTON NORTHERN, INC.: Being a replat of the east 333 feet of Lots 3, 4, 6, 7 and 8, except the south 200 feet of Lot 6, and east 333 feet of Lot 2 lying northerly of I. 694, Auditor's Subdivision #78, sub�ect to easements of record. The City Engisieer explained this plat is west of Main Street and was past of the agreement between the City and the railroad when they gave them the xezoning for the railroad yard expansion. The City asked that 300' along Main Street be platted into industrial lots. The Council's action would be to set a Public Hearing date on the proposed final plat. Councilman Harris questioned whether it was 300' or 330' they were supposed to plat_ The City Engineer said that it would be 330' to the center line, and this con£ormed to the agreement to the best of his knowledge. He also showed them where the road on 57th Avenue will line up on the map. MOTION by Councilman Breider to set the Public Hearing on the proposed £inal plat £or January 17, 1972. Seconded by Councilman Harris. Upon a voa.ce vote, all ayes, Mayor Kirkham declared the motion carried unanimously. 4. LOT SPLIT REQUEST, L.S. #71-14, BY EUNICE O. ENGELHARDT LOt 5. Block 2, Riverwood Manor Addition. To establish two building sites. The City Engineer explained that this lot is 154' wide, and when rt was platted they thought a larger lot would sell, ]aut they are having 7:muble selling it. He said that even a£ter a split the lots would be wider than the ordinance requires. The City Engineer said that the applicant should know that one additional sewer and water service will be necessary, so there will be that cost involved_ MOTION by Councilman KelshaW to concur with the recommendation of the Planning Commission and approve the lot �plit �equest with the stipulation that the applicant be advised of the need Por installation of another water aid sewer service. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, the motion carried unanimously. 5. GUIDELINES FOR LOTS SUBSTANDARD IN SIZE: The City Engineer showed a map of Plymouth Additon on the overhead pro�ector, which had the recommendations of the Planning Commission shown for each sub- standard size lot in Yhe addition. The lots were marked to show whether they were t� forfeit or owned by private owners. The Planninq Commission had � H��J REGULAR COUNCIL MEETING OE DECEMBER 20, 1971 PAGE 7 different recommendations for each individual lot; two could be made larger by , vacating 47th and 48th Avenue, some could be utilized by building smaller houses on them, but they would still want these to go through the Board of Appeals so neighbors can bring forth any ob�ections. There are several lots that should not be built upon because of traffic situations. MOTION by Councilman Harris to concur with the recommendation of the Planning Commission on the lots of substandard size that they have reviewed. Seconded by Councilman Kelshaw. The Crty Attorney said that he would like to do some furthez research, so there would Ue no trouble granting a request to build on one lot and refusing a request on another. Mayor Kirkham said he would have liked to see a policy for all lots, but rt seems each individual one is different. TAE VOTE upon the motion was a voice vote, there being no nays, the motion carried unanimously. MOTION by Councilman Mittelstadt to receive the Minutes of the Planning Commission Meeting of Decemi�er 8, 1971. Seconded by Councilman Kelshaw. Upon a voice vote, there being no nays, the motion carried unanimously. RECEIVING THE MINUTES OF THE BUILDZNG STANDARDS - DESIGN CONTROL MEETING OF DECEMBER 9, 1971: 1. CONSIDERATION OF A REQUEST TO CONSTRUCT AN ADDITION TO THE PRESENT HUILDING ' LOCATED ON LOT 27, BLOCK 2, COMMERCE PARK ADDITION, THE SAME BEING 7541 COMMERCE LANE N.E., FRIDLEY� MINNESOTA. (REQiIEST BY MOGUL CORPORAT20N, 7541 COMMERCE LANE N.E., FRIDLEY MINNESOTA): The City Engineer showed the plans for the addition to the present building and said that this will give the company double storage capacity, and they will be using the same exterior scheme as they presently have. MOTION by Councilman Harris to concur with the recommendation of the Building Standards - Design Control Subcommittee and approve the request to construct an addrtion. Seconded by Councilman Kelshaw, Upon a voice vote, there being no nays, the motion carried unanimously. 2. CONSIDERATION OF A REQUEST TO CONSTRUCT PHASE I OF AN INDUSTRIAL WAREHOUSE AND OFFICE BUILDING LOCATED ON LOTS 11 THROUGH 15� BLOCK 3, ONAWAY ADDITION, THE SAME BEING 7800 BEECH STREET N.E., FRIDLEY, MINNESOTA. (REQUE5T BY AL ZEIS CEMENT COMPANY� INC.� 225 94TH AVENUE N.W., COON RAPIDS, MINNESOTA): The City Engineer explained that this is the first building of a three phase construction. He said that ora.ginally there was a request before the City Council for vacating the alley and road, but this would necessitate opening the alley for access. He suggested two stipulations: That the City get a letter re- questing the City to improve the alley to serve the building, and if the use of the building is ever changed from a warehouse and office to manufacturing, the ' petitioner come back to the Council for approval to make sure there is adequate parking on the site. � /'^' R __ 4 a REGIILAR CO[INCIL MEETING OF DECEMBER 20, 1971 PAGE 8 , MOTION by Councilman Breider to concur with the recommendata,on of the Building Standards - Design Control Subcommrttee and approve the request to construct an industrial warehouse and office building sub7ect to the stipulatians set by the Board and the stipulations that they request the City to improve the alley and that they come back for approval if the use is changed to manufacturing. Seconded by Councilman Kelshaw. Councilman Ma.ttelstadt questioned whether this should go to the Planning Com- mission first for them to review. Mr. Zeglen, Chairman of the Building Standards - Design Control Subcommittee and member of the Planning Commission, was in the audience and said he felt they had alxeady discussed it satisfactorily. THE VOTE upon the motion, being a voice vote, all ayes, the motion carried unanimously. MOTION by Councilman Kelshaw to receive the Minutes o£ the Building Standards Design Contxol Subcommittee Meeting of December 9, 1971. 5econded by Council- man Mittelstadt. Upon a voice vote, all ayes, the motion carried unanimously. RECEIVING THE MINUTES OF THE B071RD OF APPEALS MEETING OF DECEMBER 14, 1971: A REQUEST FOR VARIANCES OF: SECTION 56•O5, 1B, FRTDLEY CITY CODE, TO INCREASE THE MAXIMUM SQUARE FOOTAGE FOR Ald II3STITUTIONAL SIGN IN AN R-1 DISTRICT FROM 24 SQUARE FEET TO 48 SQUARE FEET AND SECTION 56.05� lE, TO INCREFISE THE MAXI- ' MUM^HEIGHT OF^AN�INSTTTUTIONAL SIGN IN AN R-1 DISTRICT FROM 6 PEET ABOVE LOT GRADE TO 10 FEET, TO ALLOW THE ERECTION OF AN INSTSTUTIONAL IDENTIEIGATION SIGN TO BE LOCATED ON LOT 2, BLOCK 1, OSBORNE MAIQOR 2ND ADDITION, THE SAME . n n^i� n cinTnr'c�� n<'rrm�v�rnm'n It�n-rrrcv -ncr�v�nxn'rv nc rr�n CHURCH) �REQUEST BY SIGNCRAFTER'S OUTDOOR DISPLAY, INC.� 13 77TH WAY 1�7.E. FRIPLEY, MINNESOTA): Mr. Charles Peugh, representing Signcrafters Outdoor Display, Inc., said that this sign will be similax to the billboard sign in front of City Hall, but smaller, with the copy area being onlp 5' X 7'. The City Engineer said that the sign meets the code requirements except that it is bigger, so they want it closer to the building. The Council looked at a picture of the sign. The Council discussed where they thought the sign should be located. Mr. Peugh said he be- lieved the Pastor of the Church wanted it close to the Church. Councilman Aarris pointed out that on the picture itlooked like the old sign was 15' to 18' back from the sidewalk. The Council agreed that about 15' back from the sidewalk sounded like the appropriate place fox the sign. N1r. Peugh was told that if the Pastor wanted the sign closer to the Church, he could ask the Council to reconsider. MOTION by Councilman Kelshaw to concur with the recommendation of the Board of Appeals and approve the ax'ea vara.ance and the height variance as recommended with the stipulation that the sign be approximately 15' from the sidewalk. Seconded by Councilman Breider, Upon a voice vote, there being no nays, the motion carried unanimous ly . ' MOTION by Councilman Mrttelstadt to receive the Minutes of the Board of Appeals Meeting of December 14, 1971. Seconded by Councilman Kelshaw. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. ��� �� ,r REGULAR COUNCIL MEETING OF DECENLBER 20, 1971 PAGE 9 AWARDING THE CONTRACT FOR ONE 14' VAN TYPE TRUCK TO ITEN CHEVROLET COMPANY: ' (Bids listed zn Council Minutes of November 15, 1971.) The City Manager said that the bids on this truck are good until Sanuasy 10, 1972, but there will not be another Council Meeting before that date. It will take about 90 days for delivery. He said that the purchase order will not be written until after the first of the year. MOTION by Councilman Kelshaw to concur with the recommendation of the City Manager and Civil Defense Directar and award the bid to Iten Chevrolet Company in the amount of $4,602.25. Seconded by Councilman Breider. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #165-1971 - RECERTIFYING TAX LEVY REQUIREMENTS FOR 1972 TO THE COUNTY OF ANOKA FOR COLLECTION: MOTION by Councilman Breider to adopt Resolution #165-1971. Seconded by Council- man Mittelstadt. Upon a voice vote, there being no nays, the motion carried unanimously. RESOLUTION �r166-1971 - PROVIDING FOR ADJUSTED REVENUE ESTIMATES FOR THE CITY BUDGET FOR THE YEAR 1972: MOTION by Councilman Kelshaw to adopt Resolution #166-1971. Seconded by Council- , man Mittelstadt. Upon a voice vote, there being no nays, the motion carried unanimously. RESOLUTION #167-1971 - A RESOLUTION REDUCING THE ASSESSMENT FOR THE 1970 SERVICE CONNECTION ON PART OF LOTS 22 AND 23, PARCEL 253D, AUDITOR'S SUBDIVISION #77: MOTION by Councilman Harris to adopt Resolution #167-1971. Seconded by Council- man Kelshaw. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #168-1971 - AUTHORIZING AND DIRECTING THE SPLITTING AND COMBINING OF SPECIAL ASSESSMENTS ON PART OE LOTS 2 AND 3� PARCELS 500, 570, 680 AND 700, AUDITOR'S SUBDIVISION #89: MOTION by Councilman Harris to adopt ResolutLOn #168-1971. Seconded by Counca.l- man Kelshaw. Upon a voice vote, all ayes, the motion carried unammously. RESOLUTION #169-1971 - AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESS- MENTS ON PART OF OUTLOT 1, BLOCK l� PARCEL 65, AND PART OF LOT l� BLOCK l, PARCEL 10. ERIDLEY INDUSTRSAL PARK PLAT 1: MOTION by Councilman Harris to adopt Resolution #169-1971. Seconded by Council- man Kelshaw. Upon a voice vote, all ayes, the motion carried unanimously. RESOLUTION #170-1971 - CORRECTING RESOLUTION #163-1969 (RESOI,UTION CONFIRMING , ASSESSMENTS FOR 1969 SERVICE CONNECTIONS) BY WITHDRAWING THE ASSESSMENT FOR SEWER AND WATER LATERALS ON THE WE5T 60 FEET OF LOTS 22, 23� 24 AND 25� BLOCK 7, SPRING BROOK PARK ADDITION: � � � � yti Y i REGULAR COUNCIL MEETING OF AECEMBER 20, 1971 PAGE 10 MOTION by Councilman Harris to adopt Resolution #170-1971. Seconded by Council- man Kelshaw. Upon a voice vote, all ayes, the motion carried unanimously. RESOLUTION �171-1971 - AUTHORIZTNG AND DIRECTING THE COMBINING OF SPECIAL ASSESS- MENTS ON PART OF LOT 1� BLOCK 1� PARCEL 40, AND PART OF OUTLOT 1, BI,OCK 1, PARCEL 50, FRIDLEY INDUSTRIAL PARK PLAT 1: MOTION by Councilman Harris to adopt Resolution #171-1971. Seconded by Council- man Kelshaw. Upon a voice vote, all ayes, the motion carried unanimously. CLAIMS: MOTION by Councilman Kelshaw to appxove payment of General Cla�sns #27132 through #27284 and Liquor Claims #6200 through #6255. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, the motion carried unanimously. LICENSES: Name A.C. Mattson 6320 Riverview Terrace Fridley, Minn. A.C. Mattson 6320 Riverview Terrace Fridley, Minn Douglas K. Jones 3947 Axthur St. NE Minneapolis, Minn. Morra.s Ovick 7083 Hickory Drive NE Fridley, Minn. Gas Service Multiple Dwellings Address 157 Mississippi P1 120 Mississippi Pl 5980 2nd St. NE 5419 4th St. NE LaMar Plumhing & Heating Inc. 4089 West Broadway Minneapolis, Minn. By: Randall Lane Heating LaMar Plumbing & Heatinq Inc. 4089 West Broadway Minneapolis, Minn. By: Randall Lane Oil Heating LaMas Plumbing & Heating Inc. 4089 West Broadway Ma.nneapolis, Minn. By: Randall Lane CJnits 4 4 4 4 Fee Approved By $10.00 Fire Prevention 10.00 Fire Prevention 10.00 Fire Prevention 10.00 Eixe Preventa.on Plumbing Insp. Plumbing Insp. Plumhing Insp. � '�� � REGULAR COUNCIL MEETING OF DECENiBER 20� 1971 LICENSES CONTINUED: Sign Erector 1972 Sahubert Outdoor Advertising Company 2508 East 25th 5treet Minneapolis, Minnesota By: Lawrence Schubert Christmas Tree Lot Bob's Produce Ranch 7620 University Ave. NE Fridley, Minn. Food Establlshment Janson's Quality Meats 620 Osborne Road Fridley, Minn. PDQ Food Store 620 Osborne Road Fridley, Minnesota Off Sale Beer PDQ Food Store 620 Osborne Road Fridley, Minnesota Cigarette PDQ Food Store 620 Osborne Road Fridley, Minnesota Used Car Lot Green Giant Home & By: Garden Center Sy: Chester Sanson By: PDQ Food Stores of Minnesota By: George Hatch PDQ Food Stores By: of Minnesota PAGE 11 Approved By: Building Inspector Fire Inspector Health Inspector Health Inspector Health Inspector Police Chief Viking Chevrolet 7501 Highway #65 Fridley, Ma.nnesota By: K.G. Isaacson Building Inspector MOTION by Councilman Breider to approve the licenses as submitted. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. ESTIMATES: MOTION by Councilman Breider to approve the following estimates £or payment: ' , � � ' ��, , .0 REGULAR COLINCIL NIEETING OF DECEMBER 20� 1971 Weaver, Talle & Herrick 316 East Main Street Anoka, Minnesota 55303 December Billing for Serbices Rendered Soil Engineerxng Services, Inc. P.O. Box 35108 Minneapolis, Minnesota 55435 Soil Borings - Streets in Industrial Park Between BN Railroad and T.H. #47, 79th - 85th Avenues, Fridley, Minn. (F2NAL) Suburban Engineering, 6875 Highway #65 N.E. Minneapolis, Minnesota Inc. 55432 Staking of Utilities a.n Innsbruck North Pro7ect #103 (PARTIAL) Inspection Time tl�rough 11-24-71 for construction of utilities in Innsbruck North Pro�ect #103 PAGE 12 $ 2,871.70 $10,446.19 $ 1,632.11 $ 1,255.94 THE MOTION seconded by Councilman Mrttelstadt. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF FINAL PIAT P.S. #71-03� INNSBRUCK NORTH SECOND ADDITION, PHASE I AND II FOR TOWNHOUSE AREA: The City Engineer said that the Public Hearing on the final plat had been held at the last meeting. MOTION by Councilman Kelshaw to approve the final plat of Innsbruck North Second Addition, Phase I and II for Townhouse Area. Seconded by Councilman Mittel5tadt. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. Councilman Harris said that previously the Council considered the second apart- ment complex, and the Council wa5 qoing to discuss this £urther with them. He said he thought the Council should get together and set criteria for minimum squaxe footage for apartment units. He could not see any Council allowing one bedroom apartments with 600' or ].ess than 600' square footage. He felt criteria should be set so that the City does not end up with substandard size apartments. Councilman Kelshaw said he had tried to contact Viewcon, but had not been able to, so he had not met with them yet. The Crty Engineer said that tnis item would not be put back on the Agenda until it has been reviewed and resolved with Viewcon. The Ca.ty Attorney said that the Crty could require the same standards in Planned Development as we have in the � R-3 Ordinance. Councilman Harris £elt the City should set standards, so no one would qo ahead and spend money preparing plans that would not be acceptable. There should be guidelines set. 1�(� REGULAR COUNCIL MEE'I`ING OF DECEMBEB 20, 1971 CONSIDERATION OF COUNCIL APPROVAL OF LOEFFEL-ENGSTRAND ESTIMATE VOLUNTEER FIREMEN'S RELIEF ASSOCIATION: MUNICIPAL GARIIGE: PAGE 13 BY FILCDLEY MOTION by Councilman Harris to approve Estimate #3 for payment by the Fridley Volunteer Firemen's Relief Association in the amount of $25,370.10. Seconded by Councilman Mittelstadt. Upon a voice vote, there being no nays, the motion carried unanimously. CONSIDERATION OF JOINING IN CLASS LAW SUIT AGAINST CAST IRON PIPE COMPANIES: The City Attorney explained that there was allegedly price fixing by the cast iron pipe companies and Fridley was asked to join in the action With ad7oining communities. They are asking triple damages, and it is being tried in the Federal Court in Alabama. He rewmmended the Council authorize the City of Fridley to �oin with the other communities in this action. MOTION by Councilman Kelshaw to concur with the City Attorney's recommendatlon and authorize the City of Fridley to �oin in the class law suit against cast iron pipe companies. Seconded by Councilman Har�is. Upon a voice vote, there being no nays, the motion carried unanimously. CONSIDERATION OF AUTHORIZATION TO EMPLOY A CONSULTANT FOR A MARKET ANALYSIS OF LIQUOR STORE #1 (SKYWOO➢): MOTION by Councilman Kelshaw to authorize the Administration to contract for the services of John E. Cumcnings to perform a market and site study on Skywood Municipal Liquor Store. Seconded by Councilman Breider. Mr. Frank Liebl, Mayor Elect, said he felt the City shou.Ld wait a month or two to see if the advertising done recently for the liquor store is effective before this amount of money is spent. He £elt the Liquor Store Manager may be able to come up with a solution if he is given a chance. He said that the budget for 1972 is finished and they will haye to be thrifty with the use of the money as they have sold the two municipal liquor lounges (on sale) and will not be able to transfer the profits of this business into the general fund. Councilman Breider asked how long the quotes given by the consultants were good for. The City Manager said he did not ask the consultants, but he would say that i£ it was not done this evening, they would still agree to the contract in January. The City Manager said he was very concerned about the amount of money the City can transfer £rom the liquor £und in 1972. He felt it was cra.tical that the study be begun as soon as possible to know how to achieve the ma�cimum profitibility wrth all the off-sale stores. The City will have $50,000 - $75,000 less in 1972 to transfer to the general fund (depending on how many on- sale liquor licenses are issued). The new tax law imposing levy limitations is going to restrict the City abilrty to replace those funds. The City Manager urged a study of the off-sale liquor store at Skywood Mall to advise the Councal on ma�cimum achievement of profit. The study should be started as soon as possible. Councilman Kelshaw said he had just heard that the Piggly Wiggly store was leaving the Skywood Mall, and this was a large dxawing card. I£ the contract were authorized this evening, it would be February be£ore the results were avaYl- able, and this would delay it that much longer. He said there Ys the Target � , � REGULAR COUNCIL MEETING OF DECEMBER 20, 1971 PAGE 14 � sY.ore to consider and also the City's lease at Skywood wa.11 be up next year and the City should be in a position to move if that is what is decided. Council- man Harris said he felt the City Manager was asked to contact a consultant so someone unhiased would be studyLng the situation. He did not feel the Council was qualified to conduct such a study. Councilman Mittelstadt said he agreed with Mr. Liebl that they should wait until a£ter the first of January. He thought rather than spend the $2100 at this time, they wait £our or Pive weeks and see what can be done. Councilman Breider said that it won't hurt to wart until the lOth of January and bring rt back at that time. 1 ' Councilman Bre�.der withdrew his second to the motion. Councilman Kelshaw's motion to authorize the Administration to enter into a contract with John E. Cw�unings FAILED FOR LACK OF A SECOND. MOTIC7N by Councilman Harris to table consideration of this item until the Council Meeting of January 10, 1972. Seconded by Councilman Breider. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. AOLIDAY GREETINGS: Mr. Henry Petesson of the Fzidley American Legion said he came personally to bring Seasons Greetings to the City Council from the Legion Post. He thanked the Council for all the work they had done to help the Legion. Mr. Peterson said that a year ago the Legion did not have a. building, and with thc help of people and donations, they were now solvent. The Council thanked Mr. Peterson_ The City Council wished the audience, the other Council members and the City Administrative Staff a Merry Christmas and Happy New Year. ADJOURNMENT: There bea.ng no further business, Mayor Kirkham declared the Regular Council Meetinq of December 20, 1971 adjourned at 9:25 P.M. Respectfully submitted, ,�r ��w- ��-�:w ,�,�,� ���-,� Ma y L Strom Acting Secretaxy to the City Council _%�r�����_-�- � SaCk O. Kixkham - Mayor � � ��