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09/16/1963 - 00023148��� A REGULAR COUIVCIL MEETING - SEPTEMSER 16, 1963' A regular meeting of the Czty Council oz the City of Fr�dley was called to order by Mayor Nee at 8:15 P. M. ROI,L CALL: Members Present: Nee, Brook� Johanson� Wollce � Members Absent: Sheridan APPROVAL OF MINU'ITS - P,EGULP.R MEETING, SEPTED4BER Motion by Johanson to approve the minutes of thc Regular Meeting oi September 4, 1963 a� prepared and received. Seconded by Brook. Upor. a voice vote, there be- ing no nays� the motion carried unanimously. N�W BUSIIVESS: GRAVEL PIT LAND ALTERATION PERMIT: Mayor Nee announced this item was with regard to the Gravel Pit Land Alteration Permit and stated they had a request i'rom Councilman Sheridan to table the con- saderation of this question untll the next regular meeting, which would be the meeting oi Octo3er 7th. Mayor Nee inquired if there were any m�mber of the City Council who wished to make the proposed motion. Motion by Brook to table the coneideration o£ the issuance of the Land A.lteration Permit on Gravel Pit until the regular meet�ng oP October 7th� 1963, Seconded by� Johanson. Councllman Johanson stated there were letters which had been re- celved from several residents in puestion. Mayor Nee explained it was i7ot a de- batable motion and if it were tabled the City Council could hear an,y comments, � IIpon a voice vote, there being no nays, the motion carried unanimously. Councilman Wolke stated if residents had eome down and if they were not able to retarn� they should be able to express themeelves at thiG time� that thi� ii.em had been continued so long it had become ridiculous. Mayor Plee explained the motion would stand but statements could be entered into the records. Mr. Meyerhoff stated he wished to request some discussion �o that i,his meetin� would not be a waste of time, that it had been mentioned reszdents had been notified and he had not been; further, when this sub�ect had come up a roster had been passed and the City Council had prom2sed the residents would be notlfled by letter iP thls subject came up again. Mayor Nee replied the City Councll acknowledged they had' made a mistake and they were in the process of attempting to rectify it. Mr. Meyerhoff stated he was personally very upset with the way the City Council had handled this matter� that there had been a meetin�; in May and a petition circulai,ed and a promise made that residents would be notifled. He further stated there was no questlon about the �eelings that were communicated at that tlme, that the people that surround this property are very much against minin� gravel. Mr. Meyerhoff explained there was a letter on file asking for the permit and tihe City Counczl had lost no time in proceeeing it, that within two weeks there tiaas a response from the City Attorney as to how this matter could be disposed of and the permit issued easily; that not only did the notices rrnes the people on the ori�lnal petition but notice also missed some of the people directly ad�olning the property including Reverend Henderson� Mr. Morley and Mr. 7ipp. In further explanatlona Mr, Meyerhoff said the noiice that had been sent around appeared � slanted as ii, stated the main purpose of this operation was not to mine gravel but to prepare the site for housing. He said reason that very sew people responded to this notice was because of the wording of tnis notice, that it was misrepresent- at�on. He stated there were a Gufficlent number of resldents in the neighborhood and they had hired zn attorney to represent them on this sub�ect because they ieel that in spite of the fact there was plenty of evidence, the City Council did not heed these wishes and went ahead anyway. Mayor Nee explained the residents who were present at the last meeting had stai.ed no particular ob�ection and they had acknowledge3 there was an administrat�ve error and this was why this had not been executed by this time, that he thought the City Council has no interest one way or the other and they thought tihey would i�� clean up a problem area, that the City Cc��ncil probabl,y wouldn't pass it anyway if the residents don't want it, if they understand it and sti11 reject it� that vould be their perogat�ve. Mr. Meyerhoff stated if the City Council thought they were loing the people a service, they �aere ��rong, that basically� in the affected ar�, it is surrounded on three sides by some of the best homes in Frzdley. The City Council, he stated, al�aays, has the chance to re�ect a public nuisance ;rom l�appenin� and �his would be a public nu�sance. Mayor Nee inqvired zf Mr. Meyer- hoff had examined the agreement and the site plan and was told he had and there was one bad s�'i,uation in regard and that was some of the sheer drops, that the proposed plans do nothing about this and the ?ntentlon is to dig more. Mr. Morley, resident, stated he could understand the administrative error� but the area has had test ho�es within 100 feet of his propert3� and this is detx•i- mental to his property and stated he felt there muat be other ways �o take care of this problem. Mr. Zipp, resident� explained to the City Council he had lived in the area for many years and had seen it all developed but that there had been no pit in the area until about 16 years ago� that he could sell his property as well as anyone else. Motion by Johanson that the request for � gravel pit land alteration permit busi- ness be denied. Councilman Johanson stated the first compan5� to request a perm�t had been Barton Construction� that there is no one who doesn't have the right to ask for such a permit, that this ie one of the duties of the Caty Council and he oia� sati�tied that �he residents did not want Alexander Constructlon Company to operate such a pit. He further explalned to the residents present if a request were brought in at a future date, it would have to be processed. Motion failed ior lack oF a second. Ma,yor Dlee explaYned the reason for the failing of the mo- t�on wa� out of deference to Councilman Sherldan who had requested this item be tabled, and iF the neighbars understand the proposal and do not approve it, chances were very good it would not be approved hy the City Councily that the expression had been made here and made in the past ond it had been made a matter of record and the only reasor. Councilman Johanson's motion was r.ot seconded was that they had a motion to table it and the City Council had e request from Councllman Sheri- dan and it had been out of deference to his re4uest. Mayor Nee further explained that the fact that Lhe motion was not seconded did not mean the City Council �aould not pass on it at the next meeting. Mr. Nleyerhoff reqqested that the notices sent out �e sent to those reeidents who had signed the original petition. IIe also suggested that those people present who had showed additional interest be added to the list �olved in this problem. [.��yi�ry��� SECOND ItCADING OF ORDINANCE VACATLNG PORTION OF CHARLES STREET (TABLED B nmm � i _o . Mayor Nee announced this item was wlth regard to the second reading of an ordi- nance vacating a portion of Charles Street. The City Manager explained to the City Council the City Attorney had suggested the tabling of this or�dinance until such time as they had an agreement in hand and further explained they would not put the item on the Agenda unless they had this agreement. Motion b� Johanson to table unt�l documentation ls completed the second reading of ordinance vacating a portion of Chaxles Street. Seconded hy Brook. Upon a voice vote� there being no nays, the mation carried unanimously. CIIANGE ORDER ffl - S& W�55 (TABLED g/4/63): Mayor Nee announced this was a payment on a change order on S& W#55 which had been tabled September 4, 1963 and inquired of Mr. Comstock, consulting engineer� if he wished i,o speak on same. Mr. Comstock presented an explanatlon o£ Change Order �1 expl�ining that part of it w�s necessary because the apartment building in area required a larger service; the fourth item in change order was due to lot splite and two other items iaere additional and were in on the original proposal; another item had Leen lieted on the original proposal. The City Manager explained this item had been tabled �t the last meeting for an explanation whlch Mr. Com- stock had given. A4otion by Brook to approve pavment of Change Order #1 -�55 ln the nmount of �:2�248.00. Seconded by Johanson. Upon a voice vote� there being no nays� the motion carried unanimously. ' � ' �_i�e� CHANCE oxDFR �4 - ss, s& w�58 (TABLED 9/�`/�3)= Mayor P1ee announced th�s was a payment on a change order on S& GI �1!+ ��h1ch had been tabled September 4, 1963. Mr. Comstock, consulting engineer, stated this was in error and should be paid for and explained that three o£ the items o2ere for larger water services and others ��ere slmilar �aith the exception of the last item listed whzch was not on the proposal or contemplated, it had been something that was added. Mr. Comstock further explained the four listed items zn question were �elf explanatory� additional items being a culvert whlch had been provided � for by Anoka County and the hydrants provlded by the City oF Fridley. blotion by Wo1ke to approve payment of Change Order #4 - SS, S& T7 �58 in the amount of �1a083.20. Seconded b,y Brook. Upon a volce vote, tihere being no nays, the motlon carried unanimouely, CONSIDERATION OP W-3�+-Pd (TABLED g/4/63): Mayor �ee announced this was the consideration of the Marion IIllls Elooster Plant and znquired if this item could be lald over to the end of' the neeting. It was so agreed by all members oi the Clty Council. EsTn�n� r�3, ss, s� w�58 (TnB�n 9/4/63): Mayor Tdee announced this was the extimate for the tinal payment on Est�mate �3, SS� S� W#53 which had been tabled on September 4� 1963, Mr. Comstock, consuit- ing en�ineer stated he had requested of the City Council that act�on on �:his item be delayed at the last meeting as there had been i7o action on the change orders prev�ou�ly submitted at the previous meeting until this evemng. Motion by Johanson to approve payment on Flna1 Es��mate jr`3� SS� S& W ri58 in the sum ot' $10,355•35 to Barbarossa & Sons} Inc,, 402 33rd Averme Nori,h, St. Cloud, Minnesota. Seconded by Brook. Upon a voice vote, there being no nays� the mo- � tion carried unanimously. NETd BUSIIVEISS: BUILDING BOARD MINUTES - SEPTEMBER 11. 1963: Mayor Pdee announced this item was the considerat?on of the Building Boars P9lnutes of September 11, 1g63. APPLICATION FOR A BUII�➢ING PERMIT FOR A SHOPPING CENTER BUILDING kT 6201 The Clty Manager read to the City Council the recommendation of the Bullding Board. Mr. Bernard Julkowskl was present to answer questions. P1ans were pre- sented to the City Council. Mot,ion by Wolke to concur with the recommendation of the Building Board and grant the permit for a shopping center building at 6201-0$-05 Univerclt,y Avenue North- east� same being Lot 4, Auditor's Subdivision No. 59 - 72 feet by 70 Seet of ce- ment and steel. Seconded by Drook. Upon a tiolce vote, there being uo nays, the motion carried unanimously. � APPLICA`I'ION BY PRECISION SHEET METAL COMPAnY TO CODISTRUCT AN ADDITION TO THEIR PRFCFATT CTRii[!TiiRT' AT S`�Sfl MATN .4 FRT NCIRTNF'.AST _ PAR(:F:T. l 7i _ ATIT1TTTnAT Tn RF. The City Manager read to the City Council the actlon and recommendztion oi' the Building Board. Motion by Johanson to concur w�th the recommendation of the Bui7c?ing Board and grant the per�it to construct an addition to the present structi�are at 5250 Main Street Northeast, Parcel 1875� addition to be 125 feet by 80 feet of masanry construction.. Seconded by Brook. Upon a voice vote, there being no nays, the motion carried unanimously. �_`�� TI�O BUII,DING PERMIT APPLICATIONS FOR 11 - UNIT APARTMENT BUILDINGS AT ?�S9 AND - liACH BUILDIPIG TO BE 92 FE}�;T BY �b FEET - The City Manager read to the City Council the action and recommendation of the Building Bpard. Motion by Johanson tio concur with the recommendatlon oF the Bullding Board and grant the two building permit applicatlons for 11-unit apartment buildings at 3'�9 and 415 74th Avenue SJortheast on Lots 4 and 5� and Lots 6 anfl 7� Block l, � Melody Manor Addit�_on� each building to be 92 feet by 36 feet. Seconded by Brook. Upon a voice vote, there bezng no nays� the motion carried unanimously. �1PPLICATION FOR A BUILDII�TG PFRMIT I'OP AN 8- UNIT APARTMFNT AT 7400 LYRIC LANE FEET - �STIMATED COST OF $ti0.000.00 - The City Mana�er read to the CitC,y°ut�ie recommendation of the Building Board grant- ing approval of the above permit including the reviszons of the plans they had placed on same. Motion by Brook to concur with the recommendation of the Building Board and grant tihe permlt for an eight unit apartment at 7400 Lyric Lane, Lot 3� B1ock 1, Melody Manor Addition, bulldxng to be of frame constructzon� 80 feet by �0 feei, with the rev�sion as placed by the Building Board. Seconded by Sohanson. Upon a voice vote� there being no nays, tihe mot3on carried unanimously, BOARD OP APPE�LS MINUTES - SEPTEMBEA YF� 1963: PUBI,IC IIE�IRING ON AN APPLICATION FOR A SPECIAL USE PERMIT FOR A USED CAR SALES LOT AT 5755 UNIVERSITY AVENUE NORTHEAST - REQUEST BY EUGENE P. BONNETT OF THE � FRIDLEY AUTO BODY uHOP: PAayor Nee announced this ieas a public hearing on an application for a special use permit for a used car sales lot at 5755 University Avenue Northeast. The City P4anager read to the Czty Councll the recommendation of the Board oP Appeals with limiLations they had impoued. Mayor Nee inquired if these conditions were legall� en�orcable. The Cit/ Manager explained that the City Council could set any condZtions they wished and it was up to the City Council if they wanted to apply them to the permit. He further explained Mr. Sonnett of the Fridley Auto Body Shop had agreed to comply. C�ty Attorney Smith explained ii Mr. Bonnett violated the conditions� he would have to be notified, etc. Motion b5� Johanson tnat the request for a special use permlt for a used car sales lot �t 5755 University Avenue Northeast by Eugene P. Bonnett of the Fridley Auto Bod,y Shop be denied. Seconde@ by Wolke. Mayor Nee re�uested a period of discuss- ion. Councilman Johanson stated University Aver.ue does not� at the present time, have a good appearance and it should not be m�de tvorse than it already is. Coun- cilman Wolke stated the City Council had found they can't control the way Uni- verslty Avenue 1_ooks as you drive into Fridley, furtner there isn't room on the property for a used car sales lot. The City Manager explained the Board of Appeals had felt the same as the City Council and that was the reason they had put limizations on the number of cars� etc. They had felt tney had no reason to d�sapprove but did stipulate the con- ditions and were not enthusiastic about it. Mayor Nee inquired of C�ty Attorney � �mith if thiG should be at Counc�l discretion. City Attorney Smith replied that it was. Counc�lman Brook stated this person had a business at the address in question at tr�e present tlme and his feeling was that it would be satisfactory zf there vas room ior this used car lot, also ii he could keep the wrecked cars under cover and keep the lot looking good it +iould be satisi'actory� but if it became a �unk yard he was not in favor of it. Councilman Wolke explained that he had approved the first building permit tahlch included a fence and there was no evldence the first building request was adherred to, Upon a roll call vote on the motion �hose votin� aye� Wolke� Nee� Brook� Sohanson. Those opposed, none. The motlon carried unanimously. , � � PLANNING COMMISSIOV MINUTES - SEPTEMBER 12, 1963 PUBLIC HEARING: D. W. AARSTAD - PRELIMINARY PLA`P P, S A Ii�PLAT OF SOUTH 0.7 FFET OF I�OTS 1, 15, 1, 17 25 HARSTAD ADDITIODi: LEW ADDI`PIOV: ���i Mayor Nee announced this iten was wlth regard to a preliminary plat of D. T�'. Iiar- stad. The City Manager read to the City Council the recommendation oi the Planning Commission. Councilman [7olke inquired of Mr. C1ark, City Engineering Depari.ment, the location oF the preliminary plat. Mr. Clark expl�ined the location, also, that there had been some rezon�n�; on this land previously to conform �r�th this platting� that area referred to as outlot �1 is ln the process of being sold or has been sold. N.otilon by ti7olke to concur wath the recommendatlon of the Plarming Commission, accept the preliminary plat P.S. �62�-25 Harstad Add�tion which is a rep]at of' South 440.76 feei, o#' Lots 14� 15� 16� 17 Broolivze4� Addition sub�ect ta the n�cess- ary revisions to show the proper u�ility easements alor.g the Easi, edge oi the a- Yorementioned plat and set a public hearing. Seconded by Brook. Upon a voice vote, there being no nays, the motion carrled unan�mously. PUBLIC HEARiNG: PREL12�fINAItY PLAT P. S. �62-22 PEP.RSON'S LSTATES 15T ADDITION: mhe City Manager read to the Clty Council the recommendation of the Planning Com- mission and explained the Commission wished an agreement to be drawn by the City Attorne� for proper utilities and turn around on James Street, Mr. Pearson, o�+ner of plat� was present and stated he had talked to his �urveyor and was told what had been re�uested was a etandard form which could be approved by �he C�_ty Attor- ney, Mr. Clark exp],ained it isn't plannc-d to open the streets and thc-y were aware there would be a dead end� that it would �e poss�ble to go down to James Street and turn around and come back. Nayor Nee inc�ulred if this d�dn't compli- cate matters� that ii the City *,aere not going to open a street, why put in � turn around. Mr. Nagel� Plannin� Comm�ssion member� stated this was �one for smow removal purposes. A d�scussion period was held �u which the area wac ex- plained �nd Councll told this iaas a temporary situatlon and not a parL- of the plat, that it was supposed to be an additional a�reement. Motion by Wolke to concur with the recommendation oi' the Planning Commiss�on and accept the preliminary plat of Pearson`s Estates 1St Addition� P.S. ;f62-22 and set a public hearing. Seconded by JohanMon. Upon a volce vote, there being no nays, the motion carried unanimously. INC�UIRY: ROGER VESALL: LOT 9., BLOCK 1, SPRING i�AKE PARK LAKESIDE• The City Manager read to the City Council the recomruer.dation oi the Planning Com- mission and explained that as he had understood the matter the lot split was proper and the twenty iive foot dedication would be obtained beiore final approval is given if the City Council wished to concur. Motion by �r7olke to concur with the recommendatlon o£ the Plamm�g Commission and approve the 10� split of Lot 9, Block 1� Spring Lake Park Lakeside �ub,7ect io an opinion from the City Attorney and � dedication of twenty five feet �or a street on the western edge of the lot. Seconded by Brook. Upon a voice vote, there being no naysa the motion carried unanamously. PP,OPOSED PRELIMINARY PLAT - ADAMS STREET ADDITION - B. & M. INC.: � HL^'PLAT OF BLOCK 32, HYDE PARK ADDITION: The City Manager read to the City Council the recommendations of the Planning Commission regardin� vacations and Mr. Clark of the City Zngineering ➢epartment presented dra*,nngs of same explainang the areas whlch presently exist ann what is proposed regard�ng the land. Mayor Nee inquired iF it vae correct, that Lhis area would have sixty and s�xty-i'our foot lots. Councilm�n L7o11<_e stated the depth of the lots was very good. Pdr. Clark explained the area to the North ie owned by Lyndale Buildere and th�s plat would conform �iith this area. Motion by Johanson to concur w�th the recommendation oP the Planning Commiscion and set a public hearing on the vacations oP portions of etireets in the ,'ldams Street Addition which is a replat of Block 32, Hyde Parl� Addit�on. Secondecl by Brook. Upon a voice vote� there being no nays, the mol.zon carried unanimously. L�� LOT SPLZT RER�ST - L. S. �63-29 - S�P.RRY SHiJTS: OAK GROVE ADDITION� LOTS 15� 17, ��ND lo: Thc City Manager read to i,he City Council the recommendation of the Planning Commissaon and stated tne City Attorney had stated this z7as a proper ZO� GjJZ1L.� City Atcorney Smith explained the wldth of the lots, that i,he narrower widtn would go wlth the house in question. Mayor Nee steted that even though i.he City Council had asserted they woald not �ppx�ove sixty foot lots� they were continu- ing to dc so. Mr. Clark expla�ned the lotc to the North of this area have homes t�ith sixty ioot lots� that there *�7as a new home being built in the area on lots such as these, Councilman F7olke inquired if there rere a sewer service to this � lot. Mr. C1ark �tated he didn't know, Mr. Harry Shute, owner� was present in favor of the 1_ot splzt and to eaplain the area. Motzon by� Wolke to concux• with the recommendation of the Planning Co;�mission and appruve the lot split of Oak Grovc Additlon� Lots 16, 17 and 18; L. S. �63-29 by Harry Shute sub,�ect to the City Attorney's approval ann receipt of certificate oi surve5�. Seconded by Sohanson. Upon a voice vote� there beieg no nays� the matzon carried unanimously. VACATIOAI OP SOUTH 360 FEFiT OF ALLEY LOCATED IN BLOCK ]2, PLY2d0UTH �`DDITIDN: TLe City Mana�er explained the Cit,y Council n�d approved the vacations and it iaas referred back to commzttees for restudy. Couneilman tiTOlke stated he .a�shed co have tnis item carried over becaus� at the t�me he had no idea when it �aou13 be brought bacL= to i,he floor and yranted the residents in the area to be notifled. Notion by �dolke to table until the next regular meeting of the City Council the vacation of So. 360 feet oF a11ey in Block 12, Pl,ymouth Addition and during the interim notify the residents znvolved. Mayor Nee ln�'�ulred if the Cit,y Council could have a le�al opinion regarding the reversi.ng of their declsion. Councilman �aolke stated the res�dents claim they were not notified ar,d if this were true, at oras not a le�al act,on� that there saas a condition with tcto or three garages and residents do not want to back out of their garages and claim they zaere not notified. It was stated the ord3nance was recorfled. Mr. Nagel� member of the � Planning Commission stated it was only a matter of the residents not getting a house to house notice �aas the only matter, that some of the residents have al- ready put up fences and the resident doing the most complaining had already moved his garag�. City Atiorney� Smith explained the ordinance had been recorded and he was not certaln, at thzs point� lf that dadn't end it, that the Cit,y had retained a util�i.y easement but that he would check on same and report to the City CounciL Mayor Nee requested that Councilman Wolke rephraee hzs motion in- cluding in motion that a request Yor a legal opinion be prepared. i�otlon by iaolke to table until the nex+ re�ular meeting oF the Ciiy Counc�l the vacatiion of So. 360 feet o? alley in Block 12 Plymouth Additzon� notify all re�i- dnts in the particular named block so that a public hearing could be held and r�quest a legal oninion be prepared For the meetin� �n question. Seconded by Johanson. Upon a voice vote, there being no nays, the motion caxried ur.animously. CONSIDERliTION OF MTNNEAPOLIS GAS COMPANY PERMIT �5-197-R ATSD APGX LAIV�: The City Manager read to the City Council the recommendation of the Planning Commiesion and stated the Minneapolls Gas Compan,y had re��uested that lines be closer than tei� feet to Clty utilities; that this had been discu°sed before that nothing could be closer than ten feet to the lines so this was referred to Streets ano IItllities Committee and tHe Planning Cnmmisuion and they recommended permits be denied. The Czty Manager explalned the permits could not be approved ten feet or less siithout Council actton. Mayor PSee inquired hota close the Minneapolis Gas ' Company wished to get to the Clty line�. Mr. Clark of the City En�ineering Pe- partmen� stated they wished to go five feet in one location and zaithin seven Peet oP the City storm sewer in another location. The City Manager stiabed he had called the Minneapolis Gas Company and asked if the City had to do ai�5° extra digging, c�ould they pay the di£Ference ln cost and he had heard nothing from them. Motion b5� Wolke to concur with the recommendation of the Planning Conmission and deny the permits to the Minneapolis Gas Company on {fs-197-rt and Apex Lane. Se- conded b� Brook. Upon a voice vote, there being no nays� the motion carr�ed unan�mously. COMMUIVICATIONS• �,� w _ a�r � MEMO - DEPARTMENT OF PUBLIC 470RKS - OMAN P'CNCE • Mayor Nee announced this memo was with xegard tio the fence between the Department of Pcblic Warks building and the Oman property. The City Manager explalned he had talked wlth City Attorne,y Smith and the City had obtained prices on a fence and one could be erected for approximatel� $175.00 and iz had been established there was a legal liability� that he had checked and a person emp]oyed by the City of Fridley had clipped off branches from trees on Oman property. � Motion by Brook ta purchase and insta.11 i'ence borderzng the Oman properi,y on Citiy oi Fridley property. Seconded by Johanson. Upon a voice vote, there being no nays, the motion carried unanimously. Councilman Wolke and Johanson inquired if lt t�asn't posslble to enclose the en- tirc public caorlis operation and if some thought coaldn't be given to puttin� up a fence. Motion by Jonanson to authorize the further extension o#' the fence above mentioned in previous item along 6lith Avenue and across to the back of the City Ha]1 to en- close the utility yard on three sides. Seconded by ?aoll�e. Upon a volce vote, there be3ng no nays, the motioe carr�ed unanimously. MEDINA NiAYOR - LEAGUE OF MUNICIPALITIES REGIOPdAL CONFERENCF: The City Manager explained to the City Council the above communication and stated it should be a good clin�c to attend if any members of the City Council wlshed to attend� he would make reservations. Councilmen Sohanson and Srook stated they wished to attend. BOOTH CONNECTION TO WATER SYSTEM: The Caty Manager explained that with regard to the connection to the city water � system requested� he didn`t feel this was normally advisable, D4r. Clark� City Eagineering Department, stated there was a water m�in on Hlghway �100 and �hey could perhaps get permission from the State Highv�ay Department to service that line, The Czty Manager recommended to the City Council the City of Fridley not get itself tied up with a connection of 1.his kind, Motion by Johanson to deny the reqvest of Roger Booth for a private connection to the water system on Lots #l� 2� and 3� Block 11 of Hamilton's Addition to Mechan�csville in the City of Fridley. Seconded b,y �7olke. Upon a voice vote� there being no nays� the r,otion carried unanimously. FIRE DFPARTMENT: FIRE ST.9TION: The Clty Manager explained the communication from the Fire Department requesting a meeting with the City Council and explained the Flre Department has a re�;ular fire meeting on the first Thursday of the nionth which is Octaber 3rd. Councilman Johanson stated that officers usually meei, on the same everning before the regular meeting. Councilman Hrook stated he felt, Lhey should set �ap a date previous to the regular meeting. The City Manager explained he had d?scussed t��e prpblems ��ith the Fire Chief and Director of Public Works and the,y had agreed tnat with the space now available they could maintain thezr equipment. Motion b,y Wolke to set a meeting with the ofiicers of the Fridley Fire Department � for Oci.ober 3rd� 1963 at 7 P. M. Seconded by Johanson. Upou a voice vote, chere being no nays, the motion carraed unanimously. VISITORS: Mr. Fred Rehbein *aas present and stated he was interested in a permit for a small office building on Highway �65 and the service road, that thzs had been replatted since 1956 as he had understood it. fIe further stated his cusi,omer was in the trailer business and wished i,o auild an office huilding and the,y had checked the zoning and it hadn't been changed. Councilmar Glolke stated this item should go ��� to the Bnildzng Board as it had been talked about for approaimately three years. Mr. Hendriclnson, who had purchased the property was present and stated he had been given the impression that the zoning was proper. City Attorney Smith ex- plalned he had prepared a?etter on thls area and it was his opin�on that if the owners had a permanent building it was satisfactory but if they didn't have a �ermanent buildin�, they would come under the requlrement of a speclal use per- mit. Mr. Rehla*in stated they wished to get the feeling of the City Council on this ltem. Mr. Hendrickson stated his area would be entirely landscaped along Highway �65, display units would be brought down into the ground� drives black- topped, etc. Mayor Piee asserted that, in any event� the City Council �aas obliged to process �.his item. Mr. FIendrzckson stated they had felt the City Council cauld authorize this simple structure. Councilman Wolke explained the City Coun- cil had gone through three years on this particular piece oS property and they had been given to under�tand there was going to be a mortuary here� and if the trailer sales ��as not betcer looking than other businesses of it's c�tegory� they could not police it end it would not be good for Fridley, There was no actaon taken. Cd�AIMS : Motlon by Johanson to approve pa,yment of General Claims �977 through #1047. Sec- ondec! by bdolke. Upon a voice vote, there being no nays, the motion carried unanimously. � Motzon by Flolke to approve payment of Liquor Claims #5636 through �{568�+. 6econded by Johaneon. Upon a voice vote� there being no nays� the motion carried unanimously. Motion by Brook to approve payment of Public Utilities Claims #�779 through ��2819. Seconded b,y blollce. Upon a voice vote} there being no nays, the motzon carraed unanimousl,y. Councilman Wolke inquired of �:he City Manager if there were not some elalms for Mr. Koh]an, a+torney, that they should be paid. The Finance Director explained if they c�ere presented zn time, they would be on the list presented to the City � Council for payment, After a search of the check lists� it was concluded the items in question were l�sted and ap�roved by the City CoUncil. Mayor Nee lnquired of the City Council if they would table for one more meeting General Claim �f968 to Suburban Engineering Company, that a revised statement had been presented and he didn't have tiMe to prepare what he wislied to present to the City Couneil.' Motion b,y Wolke to table General Claim #968 to the next regular meeting. Seconded by Brook. Upon a voice vote� there being no nays, the motion carried unanimously. ESTIMATES� Mot,_on by Johanson to approve the following estimates to Comstock and Davis� Inc.: EstZmate {rll - Llater and Sanitary Sewer Tmprovement Pro�ect �55 Es�imate m�F - Water Improvement Pro,7ecL {�3�L - Schedule B Estimate �10 - W�ter Improvement Pro�ect �f34J - Schedule 2 Estim,ate {�16 - Water Improvement Pro,7ect, ��31FJ - Schedule f�l Estimate # 2- Water and Sanitary Sewer Improt�ement Pro,7ect ��63 Estimate �t 2-?dater and Sanitary Sewer Improvement Pro�ect �65 Tot�a 1 $ 168.75 9�+ • 50 11+1. 75 6.75 418.50 3io.5a $1140.75 � � � � � �G� Seconded by Brook. Upor. a valce vote� there bean� no �zays, the motlon carxled unanimously. Motion by dohanson to approve payment of the following eetimate: Knutson-Seurer� Inc. 5936 �erxes Avenue North Minneapolis� Minnesota Estimate ,� 1- idater and Sanitary Sewer Improvement $ 7,443.20 Pro�ect �65 (Final) Seconded by 67olke. Upon a voice votea there being no nays� the motion carried unanimously. Councilman Wolke stated that with regard to the improvements �t Shorewood Loun�e Parking Lot and Side wall;� the City Council including himseli had made an error in authorizing the installation oi a blacktop sidewalk. Motion by Wolke to approve payment of �1,319.17 for �mprotiements at Shorecrood Lounge Parking Lot and Sidewalk to i�orthern Asphalt Construction Comp�ny. Se- conded by Brook. Upon a voice vote, there being i�o nays, tihe motion carried unan�mously. LICENSES• Mayor Nee announced th�s ite� was the approval of various licenses, Mottion by Johanson to approve the following licenses: EX CAVP.TING Robert irlilson 4020 Main Street N. E. Minneapolis 21� Minnesota GAS SERVICES Burniece's� Inc. 4432 Chicago Avenue South Minneapolis 7� Minnesota GENERAL CONTRACTOR Imper�al Garage Builders ]0682 Wa�hington Blvd. AT. E. Blaine� P�iinnesota Lumber King Company 1�047 V�ncent Aveaue South Minneapolis 10, Minnesota HEA`PING by Robert Wilson by: Stuart L. Burniece by: Gordon b4,. Olson by: Jerome Lorberbaum New R�newal Pde w ReneF�al Burniece's� Inc. 4�+32 Chicago Asenue Minneapolis 7� Minnesota by: Stuart L. Burnlece Renewal Seconded by �r7olke, Upon a voice voter there be�ng no nays, the motion carr•ied unanimously. PETITIONS: Mayor Ree announced this item was Petition �31-1963 requesting �tireet surfacing and curbing. The City Manager read to the City Council the described petition and stated it could be received, explainin� there was an insufficient percentage of owners an3 the petition should be �ust rec�ived and flled. Notion by WoL'Xe to receive Petition �31-1963 for sireet eur�acing and curbtng aed file same. Seconded by Brook. Upon a voice vote, there being no nays, the mo- tion carried unanimously. _�� CONSIDPRATION OP T. H. �694 - SS��S NEGOTIATiOVS: Pflayor Nee announced thls �tem was the consideration of T. H. #694 and lt should be iin�lized, Motion by '��olke that the City of Fridley cease negotiations 4iith both the Minnesota State Highv�ay Department and the City of Columbia Heights regarding the cons�deration of T. A. {�694 - SS�S Negotiations. Th� City Mana- ger stated resolutions wou]d be placed on next Agenda which, at thtis point would be to deny and not take action on same. Motion by irlolke to notify the Minnesota State Highway Department that there is � no agreement betu�een tne City of Friclley and the City of Columbaa Height,s re- garding the consideraiion oi T. H_. /r69lF - SS,�fj Negotiat�ons and in vzew of this, the City of Pridley i'eels they can no longer pursue their enga�ing in the si.or:n se��er system �aith the Minnesota State Department. Seconded by Johanson. Upon a roll call vote those voting aye on the motion Brook� Johanson� Nee, Glolke. Onposed, none. Th� motion carrled unanimously. Councilman iriolke stated this decislon was ,7ust for 7�694 and the Cit� Council could still ne�otiate with the State Hxghzaa3• Department on University Avenue. COiVSIDERATION OF 66TH AVEIIUE PAVING: Mayor Nee announced this item was the consideration of paving 66th Avenue, The Clty Manager read to the City Council an excerpt of Council Minutes of August 20� 1963 and stated it appeared from what he had understood that sf Mr. Ander- son's pet�tion ti�as not used to get the full width of the named street paved it could possibly be there would be no petition for the other half of the st�reet, that this would be a sixteen (16) i'oot paved street with a curb on one stide. The Cit� Nanager recommended that hal� of the street not be paved. Mayor Nee lnquired what was located on the other side of the atreet and was tol3 a devel- oper has three lote there which ti,as a lot splzt and it was not platted. Coun- cilm�n Yrolke inquired of C�i.y x^ttorney Smith if the City Council cauld �o ahead and order the improvement in a casc such as thi�. Mr. Anderson� owner, stated he couldn't see ;oing any forther with i;his consideration that he had wanted to � blacktop hiG side and put it under a special assessment� that he had a pr�vate contract and the City of Fridley couldn`t meet that price. Councilman 4lolke explained this item z�ould take four votes of the City Council and they would have to deny it� that they couldn't 1et him put in one-half of a street. Mayor Nee stated in order to assess the area they would have to hold a hearing and inquired why Nr. Anderson wanted to pave it. Mr. Anderson replied that he didn't ti�ant to pave the street, thati he had already put a secondary sewer line on Channel Road. Mr. Clark� Engineering Department, explained the street could not be vacated because there were three lots on it. Councilman Wolke explalned that when the L'ity of Fridley assesses, they assess the zront and the side of property and when a street zs put in� the normal pro- cedure is on a front foot basis plus or.e-third the distance of the side for that particular owner of a corner lot, Mr. Ander�on stated he had sold this lot with a11 assessmente in and paid for and the Clty Council �aould have a battle on their hands. Motlon by Glolke totable the consideratior of the 66th Avenue Paving. Seconded by Brook. Upon a volce vote, there bezng no nays� the motion earried unansmously. RESOLUTIONS SPLITTING CERTAIN SPEC7AL ASSESSMENTS: Mayor ilee announced thzs item was several resolut�_ons splitting certatn special assessments. The F9nance Officer explained the resolutions descrlbed. ' Motlon by Wolke to adopt RESOLUTSON N0. 127-Z963 authorizing and directing the splitting of' certain special assessments to-wit: i^Jesterly 40 ieet of Lot 1� B1ock l, Schultz's Addition and Lot 4� Block l� Sehultz`s Addition. Seconded by Johanson. Upon a voice vote, there being no nays� the motion carried unanimously. Mot�on b,y- Erook to adopt RESOLUTION ND. 128-1963 author�zing and dlrecting the splitting of certain special assessments to-wit: 7Lots 10 to 15� inc., Block 3, City Ulew Addit,ion. Seconded by Johanson. Upon a voice vote� there being no nays, the mot�on carrled unanimously. � � � Rl 1 Motion by Johanson to adopt RESOLUTIOPd N0, 129-190'3 authorizing and d�recting the splitting of certain special assessments to-wii,. Lots S,9�10, and 11, Block 5� o�k Grove Addition. Seconded by Wolke. Upon a voice vote, there Ueing no nays� the motion carried unanimously. Motion by i^Iolke to adopt RFSOLUTION N0. 130-1q63 authorizing and direciin� the splitting of certatn special assessments to-wit: Z^1. 50 feet of Lot 5} Block 2� Spring Valley Addition and Lot 7� Block 2, Spxing Valley P.ddition. Seconded by Brook. Upon a voice vote� there being no nays, tihe r�otion carried unammously. Motior by Johanson to adopt It�SOLUTION 131-1963 authorizing and directing the splltting oi certain special assessments to-wit: Lot 33, Auditor"s Subdzvision No. 129. Seconded by 4lolke. Upon a vm ee vote� there bezng no nays, the mo- tion carried unanimously. RESOI,UTION y�-132-1963 REAPPORTIONING CEFtTAIN SPECIAL ASS�SSMENTS; Mayor Nee announced this was a resolution reapportioning certain speci�l assess- ments, The Finance Director explained this was the 1ot split prev�ously listed in the assessments for Fro�ect �4b and was a clerical error. Motion by Johanson to adopt RESOLUTION nTO. 132-1963 reapportion�ng the speclal assessments an certain paxcels in Spring Lake ParY. Lakeside Additlon. Seconded by Brook. Upon a voice vot,e, there bein� no nays, the motion carried unanimously. AGREEMENT WITIi NORTHSRN PUMP COMPANY FOR EASEMENT: Mayor Nee announced this was the consideration of ar_ agreement with Northern Punp Company for an easement i'or the City of Fridley to construct a sewer lateral with- in i,he easement. The City Manager stated this agreement had been approved as to form by the Clty Attorney� further� the Nori;hern Pump Company would *,aan1, the City of Fridley to begin condemnation and htave talked no price for the easement but it does give the City permission to use the land and lf price can not he init- iated, the City talll proceed with condemnation. Motion by Johanson to authorize the execution o£ tha agre�ment Uetween Northern Pump Company and the Citiy of Fridley for an easemenc to construci an eight inch sewer lateral within the praposed easement. Seconded by Brook, Upon a voice vote, there bezng no nays� the motion carried unanimously. APPOINTMGNT: Counci'man Wolke �nquired if the person appoin�ed would take care oi all police cars, etc. Mr. Chesney} Director of Public Niorks, replied he uiould take czre of everything possible. D:otion by Johanson to appxove the following appointiment suggested by the Clty hlar.ager and Hirector oi' Public Works. Name John D. G7right, Sr. 563 Ely Street N. E. Fridley, Minnesota Positlon Mechanic - Department of Public Works Salary Replaces 75.0o Nzw per Posltion month Seconded by Brook. Upon a voice vote, there being no nays� the motlon carried � unanimously. RESOLUTION N0. 133-19�3 APPOINTING PRII�fARY ELECTION JUDGES: N!ayor Nee announced this item was the resolutzon for the appointing of primary election �udges i'or the comin� eleeticn. The City Manager inquired of the City Council if they h�d any suggested changes� aaditions or deleticn, Councilman �dolke stated Mrs. Robert Pcl:erson needed to be replaced. The Finance Director expl�ined hiu department hadn't had an opportunity to check the list beFore the Agenda hsd been del�vered. ��� Motion by Johaneon to adopt RESOLUTION N0. 133-1963 deeignatang polling places and election ,7udges as corrected. Seconded by Brook. Upon a voice vcte, tnere being no nays, the motion carried unanimously. The Finance Director stated there had 6een some comment about giving the ballots ta the judges befoxe the elect�on and explalned this item was covered 1n Section 203 of the Statutes. PTaSror Nee requested the election �udges betxained. The City Manager explalned that, at the com�ng election� the �udges were to wear a badge. STORM SEWER REPAIR - D4DNROE AND RICE CREEK TERRACE: Mayor Iv'ee announced this was the consideration of doing some storm sewer repair at Monroe and Rice Creek Terrace. The City Manager stated the suggestion of the Direci,or oi Publlc Works was that �he steel culvert would be the best an- st,er and explained to the City Counexl the project would cost less than �1000.00 �nd the C�ty of Fridley would da the wark. Councilman Wo1ke lnquired i�' this pipe could not be run down the ravine in the area and was told the ravine is higher than the storm sewer. Mr. Chesney, Director of Public Works explained there is a water problem and the soil had washed out due to springs, etc.� and the pipe was out of place and broken down, that fifty-two feet of concrete pip- ing is outi of place at this tlme. Motion by Counczlman Wolke that the Public G?orks ➢epartment be authorized to repl�ce and repalr the break in storm sewer pipe at Monroe Street and Rice Creek Terrace. Seconded by Jahanson. Upon a voice vote� there being no nays, the motion carried unanimovsly. AGREEMEZdT FOR USE OF SCHOOL PROPERTY: May�or Nee announced th�s ltem was the consideratzon of an agreement for the City of Fridley to use school propert� for park and playground purposes. The City M�nager explained the agreement; that the school had stated it is not us- ing the property 2n question for anything in particular and it was felt it would be much cheaper if the City of Fridley coUld develop the area for park purnoses, and the school could also use it. Motion by T�Iolke to execute the agreement between the Trustees of Independent School Distrlct ATO. 11F� Anoka County, Minnesota and the City of Fridley for a port,ion oP the Rice Creek School property to be used for park and playground purposes. Seconded by Srook. Upon � voice vote� there being no nays� the mption carried unanimously. iZCSULUTION - RE� ASSESSMENT ROLLS FOR 1963 SERVICE CONNECTIONS: Nayor Nee announced these were resol=ations regarding the assessment rolls for 1g63 Service Connections. The Finance Director stated these resolutions h2d been paseed the previous year For service conneQ3ons and didn't know if this had to be done each year or not. City Attorney Smith euggested these resolu- tions be passed eacn year. Motion by Johanson to adopt RESOLUTION N0. 13�+-7.963 relating to the making of assessments for certain se��er and water mains� laterals� and service connect- ions. Seconded by Wolke. Upon a voice vote� there being no nays� the motion carried unanimou�ly. Motion by Ldolke to adopt RESOLU'TION N0. 135-1963 directir.g preparation of assessment roll for improvemen-c� 1°63 Service Conneciions. Seconded by Joh�n- son. Upon a voice vote� there being no nays� the motion carried unanimously. Motion by Wolke to adopt RESOLUTION N0. 136-1963 direc�ing publication of hear- ing on propoGed assessment roll for 1963 servzce connections. Seconded b,y Johanson. Upon a uoice vote, there being no nays� the motion carried unanYmously. Motion b�� Johanson to adopt RESOI,UTION N0. 137-1963 directing t?�e prepara�ion of the assessment roll ior sewer and tuater Improvement Project #55• Seconded b,y Wolke. Upon a voice vote, there being no nays� the motion carried unanimously. Motion by Wolke to adopt RESOLIITTON N0. 13�-1�63 dlrectzng publication of hear- ing and notice on �ssessment roll for October 7, 19�3 for S&W �55. Seconded by Broak. Upon a vozce vote, thsere being no nays� the �ot�on carxied unanimously. � , � �3 � Councilman �rlolke stated he felt �.he City Council �hould instruct the City Clerk that when there is a sa-�itary line put in, there should be notification in some way to the County that there cai11 be a future assessnent spread. The Finance Director explained the mains that have been put in in the l�st three years� the lateral assessment was levied immed�ately; that Pro,7ect 2�� and 31E L-he City Coun- eil had actually levied the assessment at tihe same time as zhe main assessment. Mayor Nee requested the City Manager put Councilman S�olke's request in typed Form to present �;o the City Councl]• � RECREATIOIVT CON��LISSION MEETING MINUTES - AUGUST 15, 1963 AND AUGUST 29, 1g63: Mayor Nee announced this rtem was the receiving of t�e recreai;ion commission minutes for two meetings. Pdotion by Johanson to receive and place on file the Recreation Commission Meeting Minutes from August 15 and August 29, 1963, Seconded by Brook, Upon a voice vote� there being no nays, the motilon carried unanimously. CHANGE ORDER 7�2 - ST. 1963-1: Mayor Nee announced this item was a change order on Street Improvement Pro,7ect 2or the year 1963. The City Mana�er exp]ained to the Clty Council this chai�ge order would need the signature oi' a registered engineer and he had notified Mr. ComstocY,� consulting engineer� by letter and had not bud a reply on samc. N:ayor Nee si,ated the interim contract, with Mr. Comsi.ock had not been negoti�tcd. Mr. Comstocl� stated the City Manager had -written hlm on i,he tenth and requested a proposal and he hadn't had �n opportunity to react to t1�e letter, that the City Manager and the City Attorney were meer,ing idlth him the follo��ing morning and after the coaference he would give an ans*aer, but in the meanLime, they taould execute the change orders in question. Mayor Nee inquired if the City Council �rould wish to authorize tne change order contingent on the s�gnature of the consulting engineer. Motion by Wo.lke i,o authorize Change Order f�2 - S�. 19�3-1 contingent on the ' si�nature of the coneult�ng engineer� Mr, Gomsr,ock. Seconded by Braok_. Upon a voice vote� there being no nays, the rnotion carried unanimously. OLD BUSII�tESS: COiVSIDERATION OF W-3�+-M (TABLED 9I�+I63): Nlayor �iee announced this item was t1i� consideration of the Marian Hills Booster Plant. r„r. Comstock, consulting engineer, explained to the City Council this was to service the entire area� that informal ��as had been zaken and the resL�lts were cont�ined in a letter oi' P.ugust 19th wLich he discus�ed ai, the lasti councll neeting� that in this report in July i;hey had assumed this situation er,is�ed. I3e further explained the st�tjtion was to have the capacity oi 350 gallons per r�inute and it �aas also to be constructed and to have etation at given locations or right- of-way. Mr. Comstock stated in the recent lettex from, his firm of August 19th, they had suggested another look be taken and �ncorpor2te tk�o stations into one and ��ere proposing tnat i,he station be above ground construction and ln the Firsi. instance it should be Sonth of the reservoir take-off from the valve pzt and up to the bc�oster station and discharge down '�o a rhecic valve vhich shonld be esta- blished. He explained by utillzing the pubp whicl� the City has purchased this would be installed initially and this area would be provlded service and there would also be provision to instiall more pumps. Mr. Comstock stated to get this into the hlgh zone it V�as necessary to do one of Lwo thin�s; the original re- port contemplated construction of a fourteen inch line which i� still required ' and has to be hung on the new bridge wl�ich kill be part of ff-694 Construc�:ion Program and if it is constructed to the North right-of-i�ay Lhey :aould be simply �raitin� for t,he highway department to let the contracts. IL *aas Further ex- plained if that is delayed to a po�nt where the C�t� Council feels it will be necessary to bring this into a high level system, it will require construct,ion of a 12 inch line. Mr, Comstock stated his firm zias recommendinfi the Cii,y Coun- cil nelay this area from going into the high system untiil the hightiiay is con- structed because it is about an $1c3�000.00 expenciture, that the elevations vary in tihe area up to a dlf'fexence oi fiftiy-t�ao feet. Mayor Nee inqulred ��hati action would be needed to etart the proper procedure and was told it could be done b3� resolution. Mr. Comstock stated it iaas adequate to order final plans anc] speci- i'ications and there should be another lettex comb�ning two or three i.hings ti�at have been done� i'urther that this report y�as based on the e�istence o�' an emergency. _�� Motlon by t�'olke to order a letter of ieas�bility from Comstock and D2vis, Inc., consultang engineers, wich reference to 4I-3�:-M. Seconded by Johanson. Upon a voiee votie, there being no nays� the motion carried unanir,iously. ADJOURDIMENT : There being no Further bvsiness, Mzyor Nee declared the meeting ad,7ourned. Respectfully submitted, � �1 � r r ,�✓�1�,� Ji!:;l-r�i�`r��,:�(E� Sue Miskowlc � Secretary to the Council � ��� � ��� MP.YOR - i�, lam J. Nee ( t SYECIf�L COUNCIL MEETING - SEPTEMEER 23, 1963 - ITAYES SCHOOL� � P,M. A Spccial Meeting of the City Council of the City of Fridley roras called to order by Mayor N�e at 8:20 P. M. ROLL CALL: Members Pr�sent: PTee� Johanson} Llolke Members Absent; Sheridan, Brook CONTINUI�D FUBLIC HEARING - STORM SEGiL+'R T. H. �{69�+ � Nayor Nee announced this was the continuation of a public hearing held previously on a storm sewer outfa.'�1 line �arich iras proposed in �ahich the City of Fridlej� and the Nlinnesota Highway Department and Columbia fIeights �ere contemplating a �oint venture at the intersection of Universit,y and Highway �100 to the Miss- i�sippi River. He stated that� at tnat time� the City Courcil had not completed negotlations with the City of Columbia Heights and were unable �o give any de�- inaze flgures on �ahat possible assessment mzght be if the improvement was ordered and didn'� know *,�hat the split would be. The Clty Council dad complete negotiat- ions, he exp]ained� with tl7e City of Columbia Heights and failed to reach an agreement on cost di�tribution which the City of Fridley eould pay and in view of L-he fact Fridley could not commence the praject under the terms discussed� the negot�ations cessed. Por the �nformation of �11� with Columbia Heights ocat- let Fridley did anticipate that iY the pro�ect was ordered in and ii it ��as assessed 100�0, Mayor Nee explained, the prlce would have been approximatel� 97 cents �er 100 sq_uare feet in the assessment area or in the area of �100.00 per �uilding site. It was ?'urther explained �he Council had contemplated using some gas tax refunds, Mayor Nee inquired iP there *,rere enyone present who wished to make a final statement ln favor of or in opposition to the project. Mr. Leonard Kos of 5465 Altura Road was present and stated that at the beginning of the introduct- ion this meeting had been iaentified as a pu6lic hearing and *,�ith the attendance he r'elt the means used to publicize thtis as a public hearing should be questioned and inquired iahat means were used to publicize this r�eeting and were the pro- perties affected notified. It was explained to Mr. Kos the properties were not notified by m�i1� that there is r.o requirement to do so and this ls � legal continuation o� a public hearing ��+hlch had been properly called and had also been published in tihe 1ega1 ne�aspaper three times. Mayor Nee inquired oi' Mr. Kos if he wished tr, go on record as being opposed to the project. It was ex- plained there was need for it because the City Councal had made a committment noi to do it. � , �