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09/17/1962 - 0002352922 with the City Clerk. Primarp Election date Sccanded by Johanson, carried unanimo��sly. Motion by Wolke to adopt the reaolution setting for the City Pr�mery on Councilman-at-Large. Upon a vo3ce vote� thera being no nays� the motion Mr. Kohlan noted that in case the n�minee for Meyor shonld take this case to the Diatrict Court, and the court would so order, there could also be a primary Por the ofiice of Mayor. NORTH Sl1BURBAN SANITARY SE41ER DISTRICT PROPOSAL FOR TRUNK SEWER LOCATIONs A representative E2�om the North Suburban Snnitarq Sewer District was present, and presented proposed locatione £or the snwer me.ins ruenipjg through`the City o£ Fridley for the North Suburt�an Sanitary Sewer District. The Citq Couneil �tudied theae proposed iocationa. Motion by Wolke to the effect that the Council accept the general outling ea propased for the sewer locations for the North Suburban Sanitary Serrer District. Seconded by Jobanson. Upon a voice vote� there being no nays� the motion carried Unanimously, NOTICE OF HF,ARIIdG ON BUDGET: Motion bq Johanson ta set the publtc hearing on the budget for October 8, 1y62, Secanded by h'olke. Upon a voice vote� there being no naqa� the motion carried unanimously. Mr. Donald Babinski presented plana to the Council to ahow them of the propoaed apartment buildings he wiahed to build at the above location. There was no action tskea on this matter. SELdER MAINT�IANCE ON CHANNEL ROAD AND MISSIS5IPPI STREET: The City Manager presented a proposal £rom the American Pipe Cleaning Company which they propose to uae T,V. camerrxs to inspect the pipe. Motion by Johanson to authorize the uae of the equipment oP the American Pipe Cleaning Company on the above two linea. Seconded by Nee. Upon a voice vote� there being no nays� the motion carried unanim�usly. ADJOiTRNMENTE There being no fUrther business, motion by Nee to adjourn. Seconded by Johanson. Upon a voice vote� th�re being no nays� the motion carried unanimously, The Maqor declared the meeting adjourned. Respectfu7.ly aubmitted: MRr a7� �mis�J.T� Secretary to the Council _l /�� . �_. . �' ._< NAYOR - �. �. Greig COIINCR MINUTES - SEPTFMBER 17, 1962 A regular meeting of the City Council was called to order by Mayor Greig at 8:10 P.M. ROLL CALL; i� � � � � � Members present: Member absent: Greig� Johanson� Nee� Wolke (arrived 8:30 P.M.) 5heridan APPROVAL OF MINIITES: SEPT�h�i 4. 1962 MEETING: Mr� Sohanaon stated that the minutes of the September 4t 1962 meeting ahould be corrected to shrnr that the City Council authorized the purchase o£ the Locke Property in the amount of �178�0OO.OQ. Motion by Nee to approve the minutes as corrected. Seconded by Johan�on, Upon a voice vote� there being no nays� the motion carried unanimously. , APPROVAL OF MINUTES - SPFGIAI. M�TING - SEPTEMBER 10. 1962: Motion by Johanson to approve the minutes of the September 10� 1962 meeting as received. Seconded by Nee. Upon a voice vote� there being ho nays� the motion carried unanimously. OLD BUSINESS; The City Maasger explained that the Parks and �laygrounds Sub-committee and the Planning Commission had recommended this park property be pur- chased. It containe approximately 15.2 acres, and is located along Highway //65� and would be purchaedd irom the United Land and Power Compsny. Motion by Nee to authorize the pvrchase o£ the above mentioned park propertq out of the proceeds of the bond issue. 9e¢onded hy Johanson. Upon a voice vote� there being no nays� the motion carried unanimouslq. SEWP�t SERVICE TO NORTH SIIBiTRBAN HOSPITAL SITE AND RESOLUTION CONFIRMING ASSESSMENT ROLL - SS#24: These two items o£ Old Businesa were tabled until later in the meeting. r�w susrtaFSS• PUBLIC HEARING - STREETS 1962-2B - RNER EDGE w'AY: The City Manager read the no�ice of hearing. The Citg Mana�er stated that there ia a petition aigned hp lOD� of the people affected bg the questioned improvement. There were no persons £or or against the pro�osed improvement. The Mayor declared the hearing closed. BOARD OF APPEALS MIN[TTES - SEPTFI�ISER 12. 1962: The Board o£ Appeals had recommended the waiver be granted subject to setting the proposed 23 R 3Q foot house 7 feet £rom the north line� and all other things being in accordance with the Citp codes. Mr. Johanaon atated that this is getting down to a pre�ty small lot size. The City Manager po3nted out tt�at thia request has been turned down be£ore. Mr. Wolke srrived at 8;30 P.M, There was Pnrther discusaion on this matter� Motion by Johanson that th3s waiver request be denied. Seconded by Walke. Upon a voice vote� there being no nays, the motion oas"ried unanimously. The Board of Appeals had recommended granting this waiver, Mr, Wolke stated that there are too many of these waiver requests being brought be£ore the Council� and they should not be necessary. Mr. Johanson asked if they ahould not be brought before the Building Standards Sub- `� *� 6�i( +� coaanittee. Mr. Wolke auggeat�d that no action be taken until the Council re-appraises its policq on these waiver requests. Mr. Ingebrigtsen wsa present, and stated that the problem would not exist if the house hac� been placed prop�rly on the lot� and everyone e18e on the street had been allowed to build garagee closer to the lot line than the normal requirement. Mr. Wolke stated that it does not make sense to deay the builder the right to build closer to the lot line than is the normal . policy, and then two we�ka later allow the resident a permit to build closer to the lot line. Mr. Johanson stated that the Conncil should have a recommendation f�om its sub-committees on this matter befora the next meeting. Mr. Nee aske� if there is not some other manner in which � he could build a garage without having to get a wainer. Mr. Ingebrigtsen stated that this is not posaible as it is a walk-out basement. Motion by Johanson that thia waiver for Mr. Ingebrigtsen be granted and all fliture waivers will be turned down until the policy o£ the Covncil is resolved� and a review of the code and recommendation is mada by the Building Standards Committee, Seconded hy Nee. Upon a vo3ce vote, there being no nays� the motion carricd unanimously. The Board of Appeals had reco�mnended approval of this request. It uas pointed out that it ia next to the Gas Company metering station� and would probably be undesirable for single family dwellings. It is zoned for double bungalows. Motion by Nee to grant the waiver on Lot 2� Block - 1� Schultz�s Addition. Seconded hy Wolke. Upon a voice vote� there being no nays� the motion carried unanimously. BUILDING BOARD MINUTES - SEPTII+IDECt 12. 1962s REQUEST BY K, F. MI% FOR WACHTLEft OIL COMPANY TO REVIEW A CHANC,E IN THE PLANS FOR A SF.RVICE STATION AT 7L00 EAST RNER ROAD: The City Manager stated that they plan to put up a metal type building 1 inatead of the concrete building which had been proposed previously, and the metal type building would not have the lubrication bays. Mr. Wolke asked if there is still a traffic problem on the East River Road at this point. Mr. Nee stated that there was. There was discusaion on the type of bnilding to be built, ah@ what the appearance wou13 be. Motion by Johanson to grant the permit, Seconded by Nee. Upon a voice vote� there being no nays� the motion carried unanimously. �1'he Building Board had recommended approval aubject to the approval of the location an �ite by the Building Inspector. There were no site plans presented to the Council. The City Manager presented a picture of thia garage. Mr. Wolke stated that the Council should have a site plan before this is acted on. Motion by Tdolke to table thia matter. Seconded by Nee. Upon a voice vote, there being no na,ys� the motinn carried unani- mousZy, Mr. Tohanson stated that these plana shovld be checked out by the Engineering Department� and also� the se�vice road� drainagm� site plan� and other things be£ore a p�rmit c4u13 be granted. Motion by Wolke to � table action on this until the balance of the infox�snatioa ia available to the Council. Seconded by Nae. IIpon a voice vote� there being no nays� the motion carried unanimously, PLANNING COMMISSIDN MINfJTES: SEPTIIdBER 13. 1962: PIiELIMINARY PLAT OF ALFRED MATTSON - P,S. #61-29: The Planning Cormnission reco�ended that proposed Lots 1 and 2 0£ the preliminary plat aketch be approved as a preliminary plat. There was discuasion on the plat� and o£ the driveway along the west side of the plat going to 2�. Winkler�a property. Mr. Brown� the City Ehgineer� stated that Mr. Mattson actually owns the driveway� but Mr, Winkler has a road eeaement over it. Motion by Nae to accept this as the preliminary plat of Tdattson's Addition, and order a publid hearing on the final plst, Seconded by �iolke. IIpon a voice vote, there being no nays, the motion carried unanimously. The City E�gineer stated that thia re—plat had becn required by the City � due to the manner in which thc land is being built on� and the way that Mr. Billman had intended to split it would necessitate platting it, Motion by Wolke to concur in the recommandation of the Planning Co�iasion and accept this as the preliminary p7.at, and set a public hearing on the filisl plat, Seconded by Nee. Upon a voice vote, there being no na,ys, the motion carried unanimously. The Planning Commission had recommended denial of this petition. Motion bv Nee to concur in the recommendation of the Planning Gommission and deny the petition. Seconded bg Sohesnson. Upon a voice vote, there being no nays� the motion carried unanimously, k(r. Pri.bmla was presant and stated that he wou13 like to have the Council hold a public hearin� on thia he£ore thep made up their minds whether they would grant the rezoning request or not. He stated that he would like to be represented by a legal counsel. Mr. Johanson stated that a public hearing could be set up for the next regular meeting, Mr. Nee stated that some o£ the people in the area are bacoming annoyed because this � same thing keepa coming back before the Council. Mr. Wolkc a'sked what the status of the multiple dwelling ordinance was. There was considar— aUle discussion on the multiple dwelling ardinance. Motion by Johanson ta concur in the recommendat3on of the Planning Commission and deny this request, Seconded by Nee. Upon a voice vote, there baing no nays, thc motion carried unanimously. � The Planning Commission had recommended that the R-3 and C-2 zonea in the southeast quarter o£ Section 12 be rezoned to M-2. Mr. Willets from Minnesota and Ontario Paper Company was present. Motion b� Nee to concur in the recommendation of the Planning Coaunission and set a publid hearing on this rezoning. Seconded by Wolke. Upan a voice vote, there being no na,ys� tha motion carried unanimously. The Plnnning Co�iasion recommended deniel o£ this lot aplit. Motion by dohanson to coneur ix� the recommendation of the Planning Commiesion and deny the lot split. Seconded by Nee. IIpon a voice vote, there being no nays� the motion carried unanimoealy, The Planning Commission had recoaunended that this lot split be granted. Motion by Nee to concur in the reco7mnendation of the Planni�g Co�ission. Seconded bv Johanson. Upon a voice vote, there being no naqs, the motion carried unanimously. There was discussion on the site� and the tlrture State Aid Road which would be located in the vicinity� Motion by Johanson to grant tha permit. 25 �6 Seconded by Nee. Upon a voice vote, there heing no �ays� the motion carried unanimousl,y. The City Manager advised the Council that it has not been the usual practice to grant a tauilding permit for construction on an,��0utlot in a new plat� and that M,S,A. 306 is designated in that area with the ezact right-of-uay not £inally determined, so that this proposed structut�e could be in the wap when the e�cact route of M.S.A. 306 is finally de- termined. COMM[JNICATIONS: A representative fZ�om King Realty was present and•stated that they in- tended to build four seventean-unit apartment buildings. The Gity Manager stated that they are asking for a waiver of the provieion that there be no epartments in the basement� or the basement level. The representative t�om King Realty stated that there would be twelve two-bedroom apsrtments� and five one-bedroom apartments in each building. He stated that they plan to con£orm to the square foot requirement of the ordinance� that he would like to put five uriita in each bssement. There was considerable discusaion on this, and of the requirements af the preaent ordinance on multiple dwellings. Motion bp .Tohsnson that this waiver be denied. Seconded by Nee. Upon a voice vote� there being no naqa� the motion carried unanimously. � The Police Department had recommended that certain atreets in the City a£ Fridley have no parking at all on themr and the rest of the stteeta in �idlcg be restricted so that there would be no overnight parking. The City Manager stated that thia could be handled bq prohibiting parking � from 12:01 A.M, to 9�00 A.M. Mr. Kohlan suggested that in addition to ueing restrictive parking� they could use a system whereby parking was pro- hibited on thr, even side of the street on even deys, and the odd side on the odd da,ys� or some such system, and suggested thst thia better be incorporated into an overall ordinance. Motion b,y Johanson that the � City Attorney draw up an ordinance regulating thn parking on City streets. Seconded by Nee. Upon a voice vote� there bei[�g no nays� the motion carried unanimoixaly. VISITORS• $EQUEST BY JIM HIR5CH - RE: APARTMENT BUILDINGS: Mr, Tim Hirsch was present and stated that he would like a waiver of requirements on apartment buildings. He would like to be able to have apartments in the basement level at the building he proposed to build • at 79th and East River Road in the Craigway Addition. Mr. Johanson stated that the reason For not allowing them to build apartments in the basament lenei was so that there would be storage space for the balance o£ the people living in the building. Mr, Wolkd auggested that the waiver 6e granted if the land is properly zoned. There was more dis- cussion on this and on the apartment ordinance in general. Mr. Johsneon asked Mr. Hirsch �P he would have the proper sideyard if they set the building on the top of the ground� and Mr. Hirsch atated that they would. Mr, b7olke stated that the ordinance does not work and would like to see � it re-drawn. There was £urther discussion on the ordinance. Mr. Joha�naon �tated that the ordinance could be amended so that eaoh apartment would have to have a fUll basement in them� but they xould not be allowed more than one dwelling in the basement. Mr. Wolke stated that moat people living in apartment buildings are living thera tempaaarilp. The City Manager stated thaC thia could be submitted to the Building Standards Sub-committee and maybe something could be worked out by October 1� 1962. Motion by Johanson to de£�r action on Mr. Hirsch�s request� and also King Realty'a request. Secondcd b,y Nee. Upon a voice vote, there being no nays� the motion carried unanimousl,y. REQUEST TO BUILD ON PART OF WORREL ADDITION; � � � There was a request to build on the proposed plat of Worrel Addition. This plat hsa not yet been approved as a final plat by the City Council. The peraon stated that he is being forced to move £rom his present location� and he wants to know whether he will be able to build in this addition or not. Mr. Wolke atated that the City Counoil has gotten into trouble on previous occasiona Where they have allowed people to build on the property be£ore the final plat is approved. There was more dis- cussion on this. There was no action taken on this matter at this time. PETITIONS: Motion by Johansan to receive the following pet3tions: 1. Water and Sewer Connections and Concrete Street anc� Curb - Mariar. Hilla 2nd Addition. (Petition #45�1962} 2. Petition concerning and protestix►g the attempt of Lee Realty to advertise snd aell the lot located at 1200 Missis�ippi as two lois - 90 X 100. (Petition #46-19b2) 3. Street Su�faoing and Storm Sewer (Catch Basine and Leads) - Osborne Manor - 75th Avenue Northeast (l,th to 5th Street) (Petition #l.7-19b2) 4. Bituminous Streit Surfacin and Curb - Tenn3�on Drive from 5��5 to 5895. (Petitioa #4�-1962� Seconded by T��olke. IIpon e voice vote� there being no nays� the motion carried unanimpusly, CLAIMS: Motion bp dohanaon to approve General Claims 70$[. through 71C�. Seconded by 1dolke. Upon a voice vote, there being no nays, the motion carried unanimously. Motion by k�olke to apprave Liquor Claims 4556 through Q61y. Seconded by Nee. IIpon a voice vote� there being no naqa� the motion carried unanimously. Motioa by Nee to approve Public Utilities Claims 2052 ��'ough 20�!„ Seconded by Wolke. IIpon e voice vote, there being no nays, the motion carried Unanimouslgr. E5TIMATES: Ns. Les Knutson of Comstoek and Davis� Inc, stated that in Project #4g the speciFications called for 2Q inch manholesf but 20 inch mannoles �rere put in. 1'he 26 inch manholes were the size which had been used in all previaus eonstruction in Fridley. The City Ehgineer advised that nearly all of the matnholes have been 21�-" diameter and there were only a few 20". There are approximat�ly 170 manholes in Project #4g• 7'here was diacussion as to whet the Council's alternative cras, (1) To remove all castings and replace them with the type speci£ied, or (2) Accept a cash payment Prom the Contraetor at an agreed eum, or {3) Modi�y the sewer cleaning reele at the Contractor�s e�cpense for the conven3enee of the Public Works Depertment in their use in all the manholes with 20 inch eZear openings. Mr. Knutson suggested that if the Council wishes to have the castings replsced at a svm of $2,000,C�0, this aum could be withheld from the two final payments for Pro3ect #4�r to guarantee that the work could be completed. Mr. Nee atated that he would like to aee this matter tabled for a week. A question Was asked what could be done with the manholea that were put 3n previous to this cantract. Mr. Knutson stat.ed that it was likely that they wauld be replaced. Motion by Johanson to a�-�rove the claim for Sandatrom and Nafner� Inc, in ttie amount of �l,l„ 31b.66 for Profect #Q$-A (Final Estimete) less ffi2,000.00 withheld� and the final estimate of Orfei and Sons, Inc. for Project #4g-B in the amount af �18,092.39 less $2,000.00 to be withheld, to cover the replacement oP the manholes. Seconded by Nee. Upon a voice vote, there being no nays� the motion carried unanimously, DISCUSSION FOR THE ALLOWANCE FOR SIREFT SURFACIIvG ON PROJECT STd#4E-A: Mr. Knutson explained that the Contractor wns liable for a certain portion �7 �� o£ the street s urfacing in the Osborne Manor Addition under Pro�ect QS-A, which was torn up dui"ing construction, The formula had been worked out, to determine what portion of the street the contractor was responsible for. This formula used a ten-year life expectancy for the atreet and the sum would come to approximately �300,00, The Contractor-had offered to pag �500,00. Motion by Johanson to accept �500.00 as the portion o£ the street replacement which the Contractor is liable for in the Oaborne Manor Addition. Seconded by Nee, Upon a voice vote� there being �o nays� the motion carried unanimously. ESTIMATES: Motion by Nee to approve the following estimates: D. W. Hiekeq & Co.� Inc. Project #34-5 (Schedule 2) - Partial Estimate #1 �10,926./,� Perry A. Swenson Co. Project #34-J (3chedvle 1) - Pertiel - Estimate #5 ffi 9�794.56 Barbarossa & Sons, Inc. Project #55 - P�'tiel Eatimate � #2 �3.189.L8 Stteets 1961-1 - Estimate #10 S&W#4g-A - Estimste #14 w-9y-H (sch. 4) - Estimate #g S&W�55 - �stimate #2 S&W#y8-E - Estimate #12 W-34-T (Sch. 1} _ �stimate #4 W-34-F - Estimate #11 Total w •�� 534.75 $ 20.25 � 2,153.00 � 267.75 � 969.75 1 7 4�099.00 Eatimates - Total $58�OOS.QB Seconded 6p Wolke, Upon a voice vote, there being no nays, the motion carried unanimously, LICE[dSES: Motion by Johanson to approve the following licenaee: F�.ECTRICAL 0. B. Thompson Electric Company 5609 Chicago Avenue South Minneapolis, Minnesota PLUMBING by: 0, B. Thompaon Ranewal Diacon Plumbing Company , 1360 Highxay #8 New Brighton, Minnesota by: George Dixon Renewal Seconded hy Nee. Upon a voice vate, there being no nays� the motion carried unanimously, SUILDING ON TfiE WORREL PLAT: The question o£ building on Worrel's Plat was again brought up. There was discusaion on whether or not the building should be allowed to go in now. There was no action taken on this matter at this time. Motion by Nee to adopt the above resolution. Seconded by Sohanso�. Upon a voice vote, there being no nava� the motion carried unanimouslp. R�'SOLUTION N0. 1Q1-1962 APPROVING FINAL PLANS AND SPECIFICATIONS AND � - T - Motion by Johanson to adopt the a�ove resolutivn. Seconded by Wolke. Upon a voice vote, there being no nays� the motion carried unanimonsly. � , 1 29� CORRECTION OF ERROR ON ERCO�S FIRST ADDITIDN PLAT; The City �gineer explained that when the plat was brought u�f to the County ior recording� the County Surveyor discovered that there was an error in the dimensions of the plat in the amount of 3.6l, feet� and the plat was shovn as•being too far east. The Countp Surveyor had recommended that this error correction by certi£icate be approved by the City Council, rather thstt replatting the addition. Mr. Rathbun� the SurYeyor, had certified that the plat contains an error, in the following description: � The east line of Lot 11� Block 1� Erco's Firet Addition is 3+�4!£eet too far east. The dimension on the North and South lines o£ said Lot 1 should read 135,63 feet instead of 139.27 feet. The utility easement ehould remain at a uidth�of 7.5 feet iY�om the oorrected line, and in the description of said additian where it reads� thence East and parallel with the said aouth line a distancs of 156.28 feet� it should be corrected to 7.52.61, feet. Motion by Wolke to acknowledge and approve correction of this error in the plat vf F�co's First Addition se certified by Reg3stered Surveyor� E. A. Aathbun, 5econded by Nee. Upon a voice vote� there being no nays� the motion carried unanimously. AUDITOR FOR THE 1962 CALENDAR YEAR: Motion by Wolke to appoint the George Hansen Company as the suditor for the year o£ 1962. Seconded bv Nee. Upon a voice vote, there being no nays, the motion carrled unanimously. Motion b,y Johanson to adopt the above resolution. Seconded b�� Nee. Upon a voice vote� there being no aays� the motion carried unanimously. � Motion by W'olke to adopt the above reaolution. Seconded by Nee. Upon a voice vote, there being no nays� the motion carried wzanimously, Motion by Wolka to adopt the above resolutfon. Seconded by Nee. Upon e voice vote, there being no nays, the motion carried unanimously. COMMUNICATIQNS FROM COMSTOCK AND DAVIS. INC.: (A) SYLVAPI HILI�S PARK — DRAINAGE; Mr, Les Rnutson of Comstock and Davis� Inc. explained their Ietter of September 13, 1962 ta the City Council with reference to the Sylvan Hills Park Developments He stated that he would recommend no further sealing of the surface be done until some sort of storm sewer is put in, as it would reduce the percmlation. He stated that there is organic matter in the soil that slowa the runoff. Mr. Dick Donlin� the Park Directorr wae present and stated that tha Park Co�ittee would like to locate a tennis court in the northwest corner o£ the property. lhis court would be somewhat above the grade of the resi of the pro�erty, Mr. Donlin stated� therefore� he �'elt that there would be no problem as far as the court being flooded with water, Mr. Donlin also presented plans for the overall development of the Sylvan Hills park which shawed a tennis court in � the northwest corner� a ball diamond near the center of the park, and a drainage ponding area on the south portian oF the park propertp, The City Manager auggeatsd that a fence be constructed around the ponding area. Mr. Donlin stated that they would like to plant rye� or some such type of grass� to improve the appearance o£ the propertv. They would not put in a pex�anent sod at this time. Motion by Nee to approve the plan o£ the Park Direetor illustratin� a layout of the tennis court and ballfield. Seconded by Johaneoij. IIpon a voice vote, there being no nays, the motion carried unanimously. (B) CON:MON5 PARIC — R�SEEDING: Mr. Knutaon read the letter to the �U Cauncil in which they recommended that this re-seeding be done in ihe month of September. It would cost approximately �125.00 per acre� or a total of �3r$75.�0 to have a co�nercial company come in snd do the Work. It could be done for considersbly lees if the Park Department could do the work. The City Manager suggested that they be authorized to proceed with thig re-seeding. Motion by Johanson to authorize the procedure of City forces re-eeeding Fridley Commons Park. Seconded by Nee. Upon a voice vote, there being no nays, the motion carried unanimously. '['tiere vas so Leke Beach. Barbarossa a moved that t being, and t IIpon a voice mously. ie discussion on flzrnishing water and sewer to Moore Mr, Knutson etated that .trhey had an estimate from. �d Sons, Ihc. in the amount of �10�95�.�. Mr. Johanson iey use a"satellite" system at the beach for the time ie permanent aystem not be installed. Seconded by Nee. vote, there being no nays, the motion carried unani- (C) DRAINAGE - 45TH AWD 2ND SRREET: In the letter� Comstock and Davis, Inc. had recommended that a dry well be put in to take care of some of the surface water. Mr. Wolke asked if a sry well rrould be coetly. Dh�. Knutson stated that thev are probably talking about �1�200.00 to $1,500.00, Mr. Nagel stated that the dry well could contaminate the whole area. There was further discussion on thia matter. The Mayor auggested that Mr. Knutson study this matter and �rrite a letter to Dorothy Berger. Motion by Johanson to authorize Cometock and Davis� Inc. to proceed with soil percolation tests. Seconded by Wolke.. Upon e voice vate� there being no nays� the motion carried unanimously. (D) T.H. #47 AND T.H. #694 - MFIETING ON STORM DRAINAGE; Mr. Knutson discussed the meeting which had been held on September 11� 1962 with the Highway Department concerning this storm sewer, and the progreas which hed 6een made. Mr. Wolke suggested that the Council meet with them soon, and that everyone be briefed on what the policy o£ the City is to be. Motion by Wolke that a meeting be set up with the Iiighway Department and the City Council on the matter o£ the storm sewer at T.H. #47 and T.H. �69Q, Seconded by Nee. Upon a voice votey there being no nays� the motion carried unanimously. CONSIDERATION OF STATUS OF LGTH AVF,NUE NORTHEAST: The City Manager explained that the City of Columbia Heights owna QQth Avenue Northeast i1�om T.H. #Q7 to Q3rd Avenue Plortheast. The etreet right-of-way is owned in fee simple b,y the City of Columbia Heights, There wa3 disousaion on this matter. The City Engineer had sugnested that the City o£ Columbia Heights be requested to m�intain th� street or deed it to the City of �idley. Motion by Wolke to concur in the recommendation of the City �gineer. Seconded hy Nea, Upon a voice vote� there being no na;9s� the motion carried unsnimously. APPOINTM'ENTS; Motion b,y Johanson to approve the following appointments: NAME POSITION SALARY Mrso Hazel Anne 0'Brian 1080 Gardena Avenue N.E. Secretarp Fridley 21� M�nnesota �gineering John Hreha 2527 University Avenue Minneapolis, Minnesota Richerd Larson 1204 Harman Plsce Minneapolis� Minneaota Assistant N.F, to the Liquor Store Manager Store #2 Assistent to the Liquor Store Manager Store #3 �295.00 per mo, #550.00 per mo. �550.00 par mo. �� REPLACFS Inez Kapala � New Position Neu Poaitioa �� Seconded by Nee. Upon a voice vote� there being no nays, the motion carried unanimously. STAT�N'^ OF CANVA$S: Motion by Johanson to approve the atatement of canvass as received, Seconded by Nee. Upon a voice vote� there being na nays� the motion carried vnanimoualy. CONSIDERATION OF BU➢GET - 1963: � The City Manager stated that he had talked to Mr. Sheridan coneerning the budget and there are three things that Mr. Sheridan 6rought up, (7) He wovld like to have a fhl.l-time City Attorney} (2} No City car, ('3) He would like to hold the Mill rate to 40 mills if possible. Mr. Wolke stated that he could not see having a full-time attorney� as the City wou13 not get the same type of legal advice with a flzll-time person� as they could not afford to pay an e�erienced attorney� and he would like to keep the Attorney on the same basis as it is now. Mr, Wolke stated that he could not make any deciaion on this budget at this time. Motion bq Nee to adopt the above resolutian. Seconded by Wolke. Upon a voice vote� there being no nays, the motion cerried unanimously. SETTL�IENT dF CLAIM �F LAYN�MINNFSOTA: Motion by Wolke to authorize the City Attorney to �et an opinion i1�om the Attorney General with reference to the propoaed sett.lement of Layne- Minnesota claim. Seconded by Johanson. IIpon a voice vote, there being no na,ys, the motion carried unanimouslq. PIIRCHASE OF PARK PROPERTY FROM MR. FLANNERY: � Mr, Kohlan suggested that certiflcate of aurvey ba obtained of this property� as the property is be3ng purchased on an actual acreage basis� Motion by Nee to concur in and approve the recommendation of the City Attorney. Seconded by Wolke. Upan a voice vote� there being no nays, the tpotion carried unanimously. The Mayor stated ihat thia matter had been talked over in executive sesaion� and the Council had decided that the roll would be adopted as presented at the hearing on September 10, 1962. Mr. Aohlan stated that the City will note the coneenaus o£ the statements of the repre- sentative f�om the Minnesota and Ontario Paper Company with reference to fair treatment and overall aetnp� but at this time the Council will pass on the assessment as it 3s. Ot1 fliture assessments it will be noted in the minutes that they had objected to the manner in which this �ssess- ment was spread. Mr. t�lilleta atated that he had come with the �dea of not voicing any objections� but the information he had recsived before the previoua meeting xas nat in agreem�nt with what he had learaed at that meeting, He stated the Citq's own Consulting Engineer atated that all of their property could not drain into this area. He stated that he does not have the approval of the menegement to aacept ang auch assessment as this. He atated that his company is having eng3neers ' studying this pro6lem� and it should be a matter of a day or two before he will lmow whether or n4t there will be a formal protest made. He does not know as of now whether theq will be dissatisfied or not. hfr. Willets stated that he un3eratands that this Council could not bind a future Council� and of course� any action theq would take regarding f'uture assessments, therefore, would be meaningless. Mr. Willete asked how they could 6e asseased if the City's own ConaultinP, rngineer said that their area could not be drained. Motion by Wolke to adopt the resolution confirming the assesament roll for the storm sewer schedule of Project #24} Schedule "A." Seconded hy Nee. Upon s voics vote� there being no nays, the motion carried unanimously. RBSfMLUTION N0, 1Q7-1962 CONFIRMING ASSESSMENT ROLL FpR STORM SE1,'EH �� PORTION OF PROJECT #2G. — SCHEDULE "B": Motion bv Nee to sdopt the at�ove resolution. Seconded by Wolke, Upon a voice vote� there being no nays, the motion carried unanimously. RESOLUTTON N0. 148-1962 OF INTENT ON FUTURE STORM SE47ER ASSESSMENTS: Ntr, Kohlan raad the resolution with regerd to ttte asaessment ifl the area o£ the Minnesota and Ontario Paper Company. Motion h,y Wolke to adopt the above resolutton. Seconded by Nee. Upon a voice vote� there being no nays� the motion carried unanimously, There was discussion on this matter of flu�nishing sewer service to the hospital site. Oomstock and Davis, Inc, had presented a letter to the Gity Council with respect to flarniahing the hospital with aewer service. There was fUrther discussion on this matter. Motion by Johanson to authoriae the City Manager and Consulting II�gineer ta proceed as outlined in the letter from Comstock and Davis, Inc, dated September 17, 196z. Seconded by Wolke. Upon a voice vote, there being no nays� the motion carried unanimously. Mr. Bailey Tiller was present and stated that he objects to allowing someone in Spr3ng Lake Park to connect to the F1�idley sewer systemi and he is against it. He objects to the Hospital using the Fridley sewers, ADJOURNMF,NT: There being no further busineas� the Maqor declared the meeting adjourned. Respectflilly submitted: r�unsell Secretary to the Council �--�� % MAYOR — 'P. E� Greig SPECIAL COUNCIL MEETING �fINiTTFS _° SEPTF��IBER 25� 1962 A special meetiag of the City Council was called to order by Acting Msyor Nee at 8:05 P.M. EOLL CALL: Members present: Nee� Johanson� Wolke Membere absent: Greig� Sheridan PUBLIC HEARING ON IMPROVEMENT — STORM Sh'VdER — TALMADGE WAY AT 75TH AVENUE — P?iOJECT N0, 61• The City Manager read the notice of hearing� and also explained that the storm sewer was needed before the street aurfacing could be put in� as the water would not drein of£ the street if the street suriacing were put in without a storm sewer. Mr. Bvrt Ellis� Lot 2� Block 1� Elvell's Rinerside Heights Addition� stated that he had a 5 to 6 foot drop to Talmedge UJav� and it was impossible for the water to run to thie proposed storm sewer £rom his lot. He strated that the water runs on hie neighbor�s lot� and not to the proposed storm sewer. No one on Talmadge Way should be assessed £or this, He stated that he would like the City ' � ,