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10/07/1963 - 00023100�� r��JOURNn�rrT: There be�ng no lL�rther business, Mayor DTee declared the meeting adjonrn:d. RespeciCully subinizted: �' '� +' r� . I� 1 J i �-�ri� �'� �-iG!« ���� -- �, ������•` '�,��- �arl P. Waguer / N`�iYOR - Wi11z m S. Nee � Act�ng Secretar•/ to t�c Council �� L REGUI,�R COUNCTL MEETING - OCTOBER 7,1963 A regular meeting of' the City Council oi' the City of Fridley o�as called to order by NIayor Nee at 8:15 P. M. ROLL CALL: Members Present: Nce, Sherldan, Wolke, Johanson, Brook arrived at 8:�5 P. M, Members Absent: None APPROVAL OE MTIdUTLS - RFGUI�AR MEETING, S�PTENIBER 16, 1g63: � Motiou by Johansor. to approve the minutes of the Regular Meeting of September 16r 1963 as prepared and received. Seconded by Wolke. Upon a voice vote� there beang no nays, the motion carried unanimously. APPROVAL OP MINUTES - SI'GCIAL MEET1i�TG� SEPTEMBER 23� 1963: Motion by Sdolke to approve the minutes of' the Special Nleeting of September 23, 1963 as prepared and received. Seeonded by St�eridan. Upon a voice vote� there be,ng, no nays, the motion carried ananimoasly. APPROVAL OF MTNUTES - SPECIAL MEETING� SEPTEMBER 30� 1963: Motlon by Johanson to approve the minutes of the Special Meeting of September 3d� 1963 as prepared and received. Seconded by Sheridan. Upon a voice vote, there being no naysy the motion carried unanimously. APPROVAL OF MINUTES - SP�CI�L MEETSIdG� OCTOBER 3, 1963: Motion oy Shcridan to approve tne minutes of the Sroecial Meeting of October 3, 1953 as prepared and received. Secorided by Johanson. Upon a voice vote, there being no nays, tihe mot�on carried unanimausly. � APPROVAL OF MINUTES - SECOND SPECIAL P�ETING� OCTOBER 3, i963: Motaon by Johanson to approve the minutes oi the Second Special Meetirg oi Oc�ober 3� 1963 as prepared and received. Seconded by Sheridan. Upon a voice vote� there being no nays, the motion carried unanimously. OI�D BUSINESu: o- , r• � ��� a� SECOND READING OF ORDINANCE #247 ADOPTING 1964 BUDGLT: Mayor Nee announced tne �tem in questlon uras the second reading of the ordinance adopting the 196�+ Budget and it was not a public hearing unless the Council wished to overrule l,he ehair, Councilman Johanson explayned there ti�e-re resic3cr,ts who wantecl study the Budget and Make comments on same, and� in fairness, the City Council should hear these comments. This was so agrecd by the members of the Citiy Council. Mayor Nee announced the City Counail would receive any cocnments on tihe Budget ior 1g64 from those residents iaho wisY�ed to make i,hem. � Mr. Carl Paulcon stated� as he recalled� this ?�artiicular hear�ng was a contiinued hearin�. Mayor IQee replied the i�earing had 'oeen closed at the previoue meetir_g and the ordinance had had its first reading. Mr. Pa�ulson inquired if the Council were aware they �ere attemptin� to adopt the Budget in less than thirty days and it was a legal point that snauld be strai�ntened outi. Mayor Nee stated �f there were anyone present who wished to challenge the adoption� �hey could.. iKr. Paul- eon replied tney did not but they o,anted to knota if this was a legal procedure. City Attorney Smith stated the procedure was legal, that an ordinance is not in effect until 3� days after its pas�age ann 15 day� after publ�cation and the question Mr. Paalson had ln mind was if this Bud�et was adopted and aertif�ed� wY!ether it could legally be certified. City �t1,orney Smith further expla�ned the Bu3ge-c is not 1ega11y effective but it doesn't mean the Counci? can't act on it. Mr. Paulson further inquired of the City Naxiager iP lti �iere correct tihat �.he City of Frldley had a total valuatlon o�' over twelve millton dollars, The City P�nager replled tihis was the fig-ure the Cout�tiy had told them lt taould 'oe. Mr. Paulson further stated �:he management was ln excess of �,lOQ ;OOO.OG of the monies they expected to collect. The Cir,y Manager replied the opexation of the C�ty Depart- ments is only 31 mills� actually. Mr. Paulson explained this �aas shown unoer Lhe eszlmated budget f�gure and one could assume that this was where they �aould be gei,cing the �noney. Mr. Paulson further inquired regarding the Engineerin� Department, tnat the amounL for regular employees had been reduced and stated �hex•e nas a real need in thls area f'or a good City Engineer and wYiat kind of' personnel would the Clt3� have of � that type wlth the oth�r regular employees being paid outi oz that �ind oi a budget. 1^he City Managcr replied the �10�668,00 fi�-ure under Enginec-'r3n� Employees was a net figure and there was a certaln �mount oF enginecring services that are charged to the zTarious funetions they perform and tllose are deducted. I�e further explained tnis does not �otal up to the salaries of znese men but !,o other pro�ects tnat are self supportin� 1,hat, actually, the eng�neering salariee come to about �Li50D0. Mr. Paulson inquired of Mayor IQee if the Councll, �1, any time, had requested am� more detailed report from the administrat�on of tne Cii;y with respect to what they were receiving for their money, that �rhen tihere is money paid out for cer- tain servlces an3 certain merchandise l� bought, F�as the City Council coozizant with what they were receivang. He further ststen that in other commuaities there is more economy. blayor nTee replied the C�ty Coun�il did watch things closely, that they do get a report oi tne checks� etc,, spent w�L-h every a�ends. D�r. P�ul- eon inquired if these would be availab]e for him to examine. P�iayor Nee replied that Mr. Paulson or anyone in the City of Fr�dL=y was iaelcome tio look ttiese over at Fny cime, City Attorney Smith stated he wished to explain he had made aa error ��hen he a�reed with Mr. Paulson that it would take some time for the Budget to bc flnal. Zn ex- planatlon he stated that in Section 3•d8 of t'r.e City Charter of Fridl°y, it pro- vides that the ordlnance adaptin; the Budget becomes efFective on p�ssage. Mr. Paulson inquired i� thi� would preclude etate lata. City Attiorney Smith replied this was what the Cii.y Charter said. MaS�or Nee iuquired if thes•e were an�one present who wlshed to make any remarks or ask anv quewtions iegarding the 196�+ Budget. There were no q_uestlons or remarks From anyone present. The City Maiza- � ger gave the second reading of i.he 1°61: Budget complete. Motion by Sheridar. to adopt� as read, Ordtinance {�247 adopting the 1964 Budget �or �che City oi Fridle5 and publish same. Seconded by Wolke. Upon a roll call voi.e those voting aye, Nee, ,3ohauson� Sherldan, v7oike. Those opposed, non�. Motion carrled unanimously. GRAVEL PIT I,AP1D ALTE�ATION PERMIT: biaypr Nee announced the considerat�on at hand was the perm�t for a gravel pir, �� � land operation and explained thi� itern was tiabled at the last meet�ng wi�n a request from tihe Counczlman of the ward and iaquired of Councilman Sheridan, as he had had a meet�ng of the residents� lf he t�ad a report. Councilman Sheridan explained he had had a meeting kitih the applicant for the Special U�e Permit and had walked over the terrain to get a view of tiihat was being pro- posed and he had also been invited to a meeting of the residents who were on the perimeter or this piece of property on the previous Frida,y evening in which there were some twenty parcels represented. He further explained he had heard theix cor�ments each u�ay and it ��as liis understanding from the meeting � they would have a delegat�on here this evening, that he did rea7,lze along u�it'� the otihe7• member.^> of the City Counci2 that what was be�ng proposec� here �ias a gr�trel pit in a residential area, that as the property now �tands� it can not be utllized withovt extensive earth nd�ving and the residents in the area realize zhis also. Councilman Sheridan stated, however� he could understand the ob�ections of the residents and he dsd not feel the gravel alteration was the ultiimate solution and it was his recommendatlon to the City Council that the germii. be denled. Councllm�n Johanson inquired if Councllman Sheridan had a copy of the plat and the orzginal agreement to show the xesidents. Coun- c�lman Sher�dan replied all parties �aere aware of the tentative a�reement be- ing worlced out Luti the biggest concern flf the people was th�t withaut a C�ty Engineer on our staff� it was hard to contradret any agreement ar.d the residents don`t personally feel that any additional material can be removed and put this land into a suitaUle resident-ial area. Motion by Shc�rldan to deny the Land �llteratzon Permit under consideration by Alexander ComGtructiion Company for�,a parmit i.o operate the gravel pit on the GI11Iiam Johnson property South of ice Creek Raad an3 East oi Old Central Avenue, Seconded by Johanson. TTpon a voice vote� there being no nays� the motlon carried unanimcusly. CON'PINU�D PU}3TIC FIEARING ON ASSESSMENT - PORTSON OF SS#53� Mayor Dlee announced th�s was a continued public hearin� on assessments for � Storm Sewer Improvement Pro�ect {r}3. The City Manager explained thev had met with hIr. Rattner of Lyndale Builders and had been unable to work out an agree- ment tiiat would be satisfactary to anybo3y, that there wae a possibility tnat eome =lgure could be arrlved at but lt was not possible in the interim. The City Manager suggested to the Czty Council this item could be laid ovex and worked out early enough �o that lt would be assessed next year. The Finance Director recommended to the Clty Council the assessment on Shaffer Addition be tabled untli after the first oi the year and until hls department could get the assessment worked for the �treet surfacing. Mr. Rattner exnlained that it �aas understood there was to be a letter submitted regarding his portion from the consulting engineering firm. The City Manager replied they were �aait- ing for the receipt of a letter irom Lyndale 1�uilders and suggested to the City Council they table the two items in question. Notion by Johanson to table the assessment spread on the Shaffer Addition Area far further processing. Seconded by Sheridan. Upon a t�oZCe vote, there be- ing no nays� the motlon carr�ed unanimously. Mot�on by Wolke to table the assessmer.t spread on the Polk Street� Lynde Drive Area fbr further processing. Seconded by Johanson. Upon a voice vote� there beinA no nays, the motion carried unanimously. AtCW BUSINCSS: PUBLIC HCARING - ASSESSMEn'P ROLL - idayor RTee announced Lhe iter� in question was a puUllc hearing on the assese- ment roll for Se�aer and Water Improvement Pro�ect No, 55 and requested the City A�anager :ead the Notzce oF Hearing� and stated there were copies of the roll Ior anyone �:o e�amzne. The City Manager ?^ead the Notice of Hearing. The Finance llirectar described areas on a map to resYdents present and explained. Ma�or Vee st�ted that in order to clarify *natters, the City P4ar.ager would discuss what the rights of the citlzens were and what the City Council's obligations .�ere. The Clty Manager explained the object was for the City Coun- cil to receive any ob�ections to the aesessment and evaluate them in pass�ng the Assessment Roll, that these ob�ectiont are limlted to whether the resident � 1�"� thought he had received a benefit and what was to be discu�sed was wh�ther or not the resldents were benefited; furtherr tih�ti ii an,y resident dld not reei they had mceived these benefits, they should Five their name and address so that same could be recorded. Mayor Nee announced the City Counczl would talce the assessment roll by item: 66TH AVENUE - C�NTfiAL TO ARTHUR: � Mayor Tdee inq_uired if there were an,yone whe i�ished to be l�eard regarding 64th Auenue - Central to Arthtar Streets. Mayor Nee stated the City Council had re- ceived a letter Prom W. L. Gardner oF 150 Prtississippi Street Northeast ln op- position and �rished thas letter of ob�ection to bc made a rnat,ter r�f record. Councilman Sheridan stated he had bean told there was a loti split £ortlzcomin�, in the Spring �Ta11ey Addition and zf the Council did adopt this roll� it might �e we11 to �aait until tihe lot split is in and geti it in this year, The Pinance OSi'icer replied that his department �aould like to com�letie the rol� and split the assessment when the lot split comes ln. ARTHUR STi?EET - RICE CRE�K ROAD TO MISSISSIPPI STRE�T: Mayor Nee inquired if there were anyone presenti who wished to 'oe heard regarding Arthur Street - Rice Cree]i Road to Mississippi Street. mhere was no one �resent in favor of or in opposition to proposed asses�ment roll. 2 1�2 STRE�T - 57 1�2 TO SBTH STREET: Mayor Nee inquared if tnere o�ere anyone pr�sent ti�ho ri�shed to Ue heard regarding 2 1�2 Street - 57 1�2 to 58th Street. There was no one present �n fa-ver oi or in opposition to i,ne proposed asseesment roll. Counczlman Ilrook arrived at d:�5 P. M. GARDENA LANE, WOODY LANE AND CSNTRAL AVENLTf� !-'.F'iEA• � hiayor P?ee inquimd if there were anyone present ��ho w� �hc-d to be heard regarding Gardena Lane� Woody Lane and Central F.venue Area. Mr. Sam Templin was present in opposition and explained the assessments had run considerably mare than what he had expeeted and that with a11 the other problems they had had an thc area as far as �rying to develop ?t, it �aas difi'icu7t to pay the assessmentis ,n a lurnp som. He further exp]ained to the Clty Council this v�as Lhe area where the streets had to a11 be relowered this pa°t sunmer because oF the laater pipee, that he han aad � model home that no one could esen get in ta see and the stree�, Taas sunposed to be paved by �uly lst and still t„asn't paved. N�r. Terr�plin s�ated that due to the conciit�ons they had had to put ug wlth, he was requestzng that assessments not be spread. Alayor Nee Lnquirnd hora much land P4r. Templin ov�ned and was told about twelve lots� which would be approximately hali' of the aren. Mr. Templin fur�her asserted there h�d beeu a street problem �n the area �ahich he had requested the former city eng�neer to iaorli out, and it was umposs�ble Lo �±ork it out and had put qulte a burden on him and required a considerable amount of dirc moving. blr. Templ�n stated ne �aes asxing ior a long term sp-read but even a two year spread would help hlm financially, The Fanance Ofzicer zr,- plained to tne Caty Council that re�arding �inpncing �hey hadn'z sold permanenz bonds and they could se-c up t�ond pa3�men� for w'natever period i.he �ssessment, Poll was passed. Councilman Sohanson inquired ii the Clty t�ould ve ge�tin� into a iinancial bind and the Pinance Ofzicer replied the� would not. Citiy P�ttorney Smith explained to the City Council they could adopt a resolution inser�ing the years of the asseusment spread. Councilman Sl�eridan explained to AZr. Templln the City Council had made it a gollcy some years ago that �s Far as a developer � wa� concernecl� the assessments would be s�read on a one year basis, �.he cheory behind this being that �he City could noc be financin� any lar�e development. He i'ur,ther explained to Mr. Templin that because of the problem he had 'nad %n the area to be assessed and because oC the street problem� the C�i,y Council could extend �he �:sessment for two years. TAYLOR STREEm; Mayor Tdee inquired if' there were anyone present tiahc w�shec� tio be heard regarding Taylor Street. There taas no one present in favor of or in opposition to the proposed assessment roll. �� P�ayor DTee declaxed tihe Public Ijearing on the Assessment Ro11 for Sewer and Water Improvemen� Pro�ect ��55 closed. PU3LIC F1�'.A13iNG - ASS�uSMENT ROLL - 196', SERVICE CONNECTIONS: Mayor 1�Tee announced the item in question cias a public hearing on the Assessruent Roll for 1j63 Service Connecitons. The City Manager read i,he Notice of FIearing. Mayor Nee stated that before they woiald �et into the hearing� he wished tio have the Finance Officer explain �ahaL they had done� that� initially lt is those people who are serviced oFf of a main ��ho have been charged for that service ou the Uasi� of what tihe service coscs and the year it was connected. The Finance 0?flcer e�plained that� actually, the people had been glven the bene- fit of the doubt on the �ssessment at the time the �mprovement was nut in plus int�rest, that moet of the reszdents have been charged the average assessment, on a11 Asseesment Rc�ls adopted in the City for the year on which they tapped on the lzne to the main. I�e further explalned the exception is the area krzown as Rivervietia Heights andr in that area, each building site was charged a lump sum �s chere arP 25 foot lots and i,here is also an equivalenti lateral charge. P�ir. Wedan was present and statied he was the owner of the South hali of Lot -r,wenty-nine (29) oP Brookview� that �'i, had been L4�o lots to begin with and hls iather-in-law h2d been paying i.he assessments on the full acre before it was divided. Counc3lman Sheridan Znquired ii there saere two conriectionti to this property or �ust one. Mr. Tledan replied there have treen two connections put zn and the person who put them in statec] �t didn't matter as there �aouldn't bc- an extra charge. The Finance Officer explained to the City Council these resi- dents have been char�ed for one connectiion in this case, {;hat they had never been assessed for the second ronnection. Mr. Wedan further asserted he was being aasessed at the current rate for somethin� that was put in seven or eight �ears a�o and was paid for, th�t he had contacted the contractor that 6uilt his house and C�Ly Attorne�� Smith who w�s not the Clty Attorney at that time and he had been advised on thls situatlon. Mayor P1ee stated the only quest.xon pendin� was y�hether the aGsessment was so large and had been paid previously. Mr. 4�edan sti�ted his only quesL-ion was o+hy the assessment was so large and out of proportlon to the entire acre of ground. The F,nance Officer explained to Mr. Wedan the charge ;aould be what ii, aould be on the entlre piece and it ls tor a second servsce ancl should be about the s�me; �'vrther� the wa,y the ass- essments used to be levied �aas � lmnp sum charge for each building e1te and had no relation to the cost for the line. Mayor Nee also explained to b1r. Wedan that on f2gurzng chese, they didn't figzxre on a fr�nt �'oot basis, that when you macie ���o building sites, you paid the same For tt?e �econ3 site. Mr. Ldedan inquired what u�ould now happen to �,he money hYS �ather-in-law had paid oe chis property. Mayor Nee seplied he had paid it on the building site he now occupiee and it wasn't Npread on an arca or footbasis but on a connection basi.s� tihat hi� f�ther-in-i��� h�d not paid on the land� he had paid on the connection 1.o h�s houee. ihe I'inance Ofxicer explained there had been one charge levied and tLere irere noea ttao houses on the llne. Councilman Brook ino,uired if the assessments had been divided and was told they had not, that the lot had been orie piere of �;round until recsntly. Ntr. Charles Johanson� contr�ctor oi home in question� �tated the only question he had was L-he �aa�� the asses[menz Pi�ure had been arrived at. The Pinance Officer e,cpla�ned the hiedans had been gav�n Lhe beneflt ln this case as la;s department had us�d the or�ginal cost as it had been les�. Mr. ]ohansoa inquired further and stated the ent.ire question was the cons�d- eratiou oi' and t�h�t ��as a �air share oF the cost� the time this was put in or ten years later� tl�at the money the city getc from �his assessment is put into a General Fund and was someth�ng the Council shouln clarify. Mr. Johan- son stated Lhere *aere a number of residents this affected clirectly and they were eoneerned in this regard, `P;�e P�nance OfP?cer explained th2y had not paid anj+ interest, �;hat li' the as�essment to the [�iedane h�d been levied, the City would ha•ae been earning lnterest. Mr. JohGneon stated at the tirre tihe service wa� ori�inally put in the cost per iot �.,ou]d have been smaller and zt ��as not po�slble to expect anyone co p�y the difference �n price from seven or ei�hi ��ears previous, that he did not feel the City was in business to make money irom inaividual tiax payors. He further s�ated Mr. Wedan wou13 noz oY?�ect to a reasonable amount but there had been two statements sent and these -residents were unaware at the tzme of the transfer of the lar,d. Coun- cilman Joh�i�son stated it seemed to be a fair assessnent. Mr. Johanson re- � � � _� � � plied be was unaz�zre oi the amount of the assessment. Cout�c�lman Wolke c;xp]ained this eliminates the prob]em oi putting zn services �ahen a resident doesn'� kno4i eYactly wY?ere they iaant tl?em and they don't assess 100;b. Mr. Joh�nson stated he had been tiold i,hat on th?s pro,7ect they had. T_he Finance Oificer expla:ned that in 195��, 1955, and 19j6� all the assess»ent projects �aere �n one Sinking Fund and it �aas hard to say if this one project u,as assessed 100`,'�o or not� that they did kno�,� tlze area in the i�Tortn part of the cit}+ was assesse3 a 25jo assessment. I3e further explained that all 1t amounted to was � that it �eould have been easier to levy the assessment then rather thar, now and levierl less on r.he Idorth end ot the City. P4ayor idec inlluired if this were called a connec�ion charge i£ �t would clear the proUlem, Mr. Johanson replled �f it had been a connection charge the people i�ould have been advised befor� the,y en- tered into the buyln�; oi a p�ece of property. D4ayor Nee stated that as this ��as a home that was connecting into a piece ot land that has been paid fox• in assess- mente� that what it receives i� a conneci,ion charge. City Attorney Smith cl,ated he wiched to clarify his stand on the mattex; tihat Mr, idedan han called on h�m previously and '�e had to7d him m employ another attorneg and do whai, lie could to protect himselP. City �?ttmrney Smich i'u-ri,her star.ed thiG ��as a problem that *aas a r_arr�iover of an old practice that could have application to o�.her people *,rhere there are some old parcels and yov do have a legal problem ii the total cost of the pro�ect was assessed out. He ex- plained it is an are� th�t is difficu]t to detez�mine on l�ow the City can collect more money and tiake care of the problem, tha{; he had La llied �iith the Finance Of- ficer and asked that ne arrive at � fair conneci=on chax�ge that would be �n be- cween a full a�sessment and have th�s parcel share � part of ii, because when {,he or��inal assessment was levied� al1 of the people around absorbed the totial, only there were some larger parcels that didn't pay tihe full amount and the quesl,ion is whether you can charge them the full amount. Couricllman She-ridan stated the policy had been set out by the City Council in giving the Finance Dircetor the direction +o put this on the Assessment Ro11� that li, F�as the Councll who had set the pollcy for means that reaidents would pa;� a connect�on charge p]us the equivalent of a lateral and to determine i;he l_ateral� they had use& the current � construction costs and inasmuch as the City Council had had this pollcy they coulc% noz delete from it„ Councilman Sher�dan aurther sta�ed thati it was the ' prerogative of a home owner to challenge thzs policy but as a nember of the Council� he �,�ould not attempt to chan„e ic. City �lttorney Smi�h stated the Clty Council had been uniform in applying this policy to slmilar situations. Mr. Rattner of Lyndale Ilui].ders inquired 1P these charges take into consideration any connectlons ?"rom tihe- mldd�e oF the street to the property line. 'Phe Finance Officer explained t,Yiat then an average lateral assessment is referred to the� are noti counzit�� the service conneci.ion from the center of the street tio the property line. Mr. ftaLtner inquired if the co�tis of tY!ese ,7obs l�ere available at thls t�me �.nd sr,ated the reason ?or the question was an effort to determine what the assessment inou_ld have been then and ii2te�•est and wh�t 2t oioulcl be toda,y becau�e of the current costs� that he wished to relate those costs to tne year 1955 as it becom�s a legal macter on whether the Council could charge more today, N,r. Rattner stated 'ne iai�hed the nr�ne of L�mdale Builders entered as oU�ecting to the Asseesment Rol1 or. I�ots ten (i0) throu�h eighteen (18)� Block two (2) Lyndale Builders� 7tih AddlLion. Mayor 1�TCe declared the public hearing on the Assessment Roll for 1963 Serv�ce Connecttons closed. � RESOLUTIOnT ,�1li1-.1963 CONFIRS�IPIG AS3ESuMENT ROLT�^1963 SERVIC� CONNF�'CTIONS: Motion oy Sneridan to adopt HESOLUTION �l�il-19�3 confirming the Flssessment Pol1 for 1963 ServZCe Connectzons. S�concled by Wolk�. lipon a voice vote� there being no nays� �he moi,ion carrled unanimously. RESOLUTION �'--1�+2-1963 CO_NFIRMING ASSESSMENT ROLL - Sldj}55• Councilman Sheridan requested that the abcve named resolution be spelled outi to designate one axid ttao year assessments ind�cr,dually� as the resolution was for a twenty �ear spread. ,_ ?��'.� rilo�ion by Johanson to adopt Rf�:SOLUTION �142-19c3 confirmang trie Assessraent Roll for Sanitary Sewer and G)ater Improvemer.t Pro�eci, No. 55 with a nne year spread ln the Moore Lake Hill� 2nd Addition� a two year spread in the Gardena Melo- land Gas•dens nddition� a one year spread in the Maxion Hiils 2nd Additlon and a twenty ��ear spread on the balance of thF assessment ro11. Seconded by SLeri- dan. Upon a voice vote� there Ueing no r_a,ysy the motion carrled unanimously. BUII�SNG BOARD ME�TING MIATUTES, OCTOB�R 2, 1953: BY ZUGFiVi�, JOFllVSLN - 4871 - 2ND STHE�T N. E. TO MOVE P GARAGE LIS TO HIS P.ESIll�N� AT 71 - 2A1D S7�iEET N. �. LOTS 27 ATID Mas�or Nee announced this was a reqvest by Eugene Johnson of �+871 2nd Street N. E.� to move a garage iro*� Mlnneapolis to his residence. The City Manager read to the Cit,y Council the recommendation of tne Building Baard. Motion by Sherldan to concur *�lth the recommendation of the Building Board and deny the reo,ues� by Fu�ene Johne�n oi �+371 2nd Street N, E. to move a garage Crom blinneapolis to his residence at 4�,71 2nd Street N. E. Seconded by $rook. Upon a voice vote� there being no nays, the motion carrled unanlmously. ?'OR A BUILDING PERDII`P BY RLi'RNARD JULKOC�lSKI FOt� P. SIIOPPINi CENTER AT 255 UNIVERSiTY AVENUL N,E. LOT AUDITOR'S SUBDIVISION �1 NS'IRUCTED OF C�NIENT aND STEEL, A➢DITION TO BE 9' x 130' AT ADi Magor Nee announced the item in questition was a request for a building permit b� Bernard Julltot•iskl for a shopping ccnter addition at 6255 Universlty Avenue Id. E, T1�e City Manager -read to the City Couneil the reca�nmendat�or_ of the Building Board. Plans were presented to the Cit,y Council. Mr. Julkowski t��as present and statied they had a�reed t,o a basket weave fence. Motion hy Bx•ook to concur with the recommendation oi' the Building Boaxd ar.d approve the request ior a shopping ceater addition at 6255 University Avenue N. E, (Lot 4, Aud�tior's Subdivision �159} 1�o be construci,ed of cement and stael, addition to be 9�' x 130' xaith the provis�on that, a baskettaeave wood fencc be built a]ong th� east side of i;he property upon eompletion of build- in�s approved. Seconded by Johanson. Upon a voice vote� there being no nays� the motion carried unanimousl,y, FOR A BUILDING PERNffT BY DON BABIIVSKI TO COP?STRUCT A ii8 U!`dIT P.PARTMENT .a I�layor Nee annoLmced this item was a request ror a building permit by Don Babinski i.o construct a 48 unit apz�rtment building st 6751 Highway �65 N, E. The City Manager read to the City Counczl the recommendation oF the Bullding Board. Plans y�ere submitted to the Council for imspection. MoLion by �dolke to concur with the Building $oard and approve the request for a building permit by Don Babinski to conszruct a 48 unit apartment building at 6751 Highway ��`65 N. E., (Lot 6, Auditor's Su@division No. 21) 1c�3' x 127' of frame and brick construct�_on sub�ect to tne back yard of plot being com- pletely f'�n�shed as soon as building is completed, Seconded by Brook. Upon a voice vote, there being no nays� the motzon carried unanlmousl5�. REQUEST FOR BUILDING FERhiITS � L• W � JULKOWSF,I FOR TFL CONSTRUCTION OF The City Manager read to ttie City Councll the recommendation of the Build- ing Board. � � _� J � � � � ��� Mot�on by 4do11ie to concur with tihe recommet�dazzon of the Building Board and approve the request ior taullding permits by Bern�rd .Sulkowski for tl�e construc- tion oi th�ee eleven unit apartment build�ng at 35�-75th �!venue A"�. E., 7411 Unzverslty �lvenue N. E., �nd 351 - 7th Avenue N, E., sub�ject co public easement from 7�Ith to 75th Avenue_through center oi' parl.ing lots wlth a miniraum of 20' entrance on 7�+th and 75th Avenues. Seconded by Brook. Upon a voice vote, �hete being no nays� �he motion carried unanimously, FOR A BUILDIPdG PERMIT BY BEt�NARD JULK0j�7SYI TO CON°fIP,UC1 O1�IS - SIY U?QIT 11RIi1v1 1.�v11�Lliuv nJ. J'1 �(`Fllt nvGtuvL lV. P• x 9` A7' API LST7MATED COST OF 50.000.00: The Clt,y Mana�er read to the C�ty Council i�he recornmended apprc,val by thr �u�ld- ing Board. MoBion by idalke to concur wlth tihe recommendation o�' the IIuilding Board and grant the request Yor a'nuilding permit by Berriard Jullcowal.i to construcl; one slx unit apartment buildie� at 371 - 7�+th Avneue PT. �., 64' x 4g', 5eco��ded Uy Brook. Upon a voice vote, there beli�o no �iaye, i�he �not� on carr� ed unanzrnously. RE�OtPST FOR A BUILDING PL'RbIIT BY BERNARD JULKOWSKT TO CODTSTRUCT ONE - j2 U�1Im . �7! 1�.G' X Mayor 1Tee �r.nouneed the item lr q_uestion was a r2quest for a build�ng permil, by Bern2rd Julko�asxl to construct one 32 un�t apartment bu�ldin� ai; 5650 PolL= Street N. L. The City Manager explalned to tihe City Couricll the Butlding Board h�d submitted i.he appl�cat?on to the City Council with no action tuken. ��fayo-r P4ee st�ted that as it wae platted� the Council could not �ssue a permit, i42. Jul- koweki was present and explained this 1ar,d Taas a_lready zone3 for multiple dwe11- ing units and it T�illl not interfere with new �lat and streets til1 fx���2t oi it, that all he was asking for was the permit. A discussion per�od vas held re�ard- ing street layout, plat� zoning aud lot s�zee. Motion by Sheridan i.hat the requect for a builaing permiti by Eernarcl JulkoTaski to conscruc� ane - 32 unit �partnent building aL 5�50 Pol� Szreet N. E., 112' x 12'7' be graeted, Seconded bp Sahanson. Upon a voice vote, there heing no n•Gys� the motion cµraied unanimously. ?'0� BIIILDING PL+'Rh1I`PS B'± R,9NPOM RE�.LT`L FOR irY� COI\rS`IRUCTION Or `I�^IO OFrICE S FOR PRAILER PARKING TO BE LOCATED A1^ c210 ND'�0 FIIGHWAY�r�S N. E. Navor IQee announced the �tem in que�tion ;aas a reqLieGt Po'r building pexmic, by Random P,e�ltiy for che construction oi' tu�o ofiicc buildings �or l,railer parking to "oe loc�ted a�. 0210 and 6230 High�aa3 ;���j N. P�. The City P4anacer read to the Cit� Councal the approval ?'or the request Uy the Building Board, expla�m ng the two requests, one being �or a trailer sales and the other heing f�r camper sales and that there u�as no actual building application. Councilman Sheridan stated he had received :everal phone calls �n this regard, also� that he had 'neen nreGented a pe+i�ion with �he signaLuree of 15 addizional peoole voic�ng ob�ections. Councilman Sheridan read aloud the petztion received irom the re�tidents and requested that the petition be madc a matter e� record. FI� further explained that it had been iadic�ted tihe piece of pronertiy in auestion rras zoned properly for thls type oz bu�lness and he 'oelieved this was correcz. Mayor Nee stated the C�ty Qouncil had receisTed a letter from City l�ztorney Smith in this re�ard and, rollowing reflectiona i:hzre migh� be some question on tlie proper zor.'��g� that af uses contempi�ted wem thoroughly stiudied� this =aas a completely different type of business, that most oF the oLher bu�inesses are cor_,- ducted uader a rooi. Mz�or Nee stated he Lnought thls v�as eomething a covrti should declde r�,ther than tLe C�ty Counr.il or 1;he C-ity nttorne5. Counc�lman So- han�on stiatiec i;ne type o� business considered was not a great asset to the City of Fridley. Mayor Vee further explained a uaed caz loz requires a speclal use permit and unis is not under a roof usually� that he did not Feel �hati as it was not necessaraly ind�cated that hecause this business was not indicated as an ex- clusion that it can be conducted there. Mayor Aiee stated this was not incon- sistent iaith the other kinds of bu5inesc ln a C2S D�str�ct. �;ouncilman �rook inquired of Mr, H�ndric7cson wY:at hc �� � ��ished to use the building �r,Mr. Hendricktson replied one buildin� would be for Mobile Ao�ne Sales ancl tlie other for Camper Sa]es aad it was hie impress°on from the opanion t:zey had recelved that this zoning was proper and, thereiorey they were xequesting permission to go ahead. Nr. Wright of the Safet,y Conmittee inter�ectied to State this was one item the Safety Committee had been concerned with. Councilman Brook replled this was not a fast traffir_ problem and tihis business would be belori tne lntersection anci there would be no problem in the v�ay oI' safety, Councilman Brook further expla�n�d one problem to be considered was that perhaps thcy were usin� valuable property ior a sales office that was not bringing revenue to the L'ity of Fridley. Mayor iJee requested an opinlon of the Cii,y Attorney. City Attorney Smith stated th�s ��as all a pa_rz of the basis fnr the ruling he had made, that as he un- derstcn3 �t, thz� land was zoned C2S and providee any use permitted in C15 'Jistrlet and zn that use there is lis�ed auto displayy salesrooms� gas stati- zons� etc. He i'urther stated iti was his opinion Y,hat ii l;hese people had a building ln connection �aith this business it seemed to him since it was not exclnded� sti �.aas permitted, that he was quite sure whoever drafted r,his section oi the uses perm�tted didn't have in mind trailer sales. City Attorney Smath explained to the City Councll that b�sically they had a iundamental rule� tha.t the person can use the property anyu�ay they �tant to� subject to the zonin�, and they had to be quite specii'ic to enforce the use, He iurther explalned the ambi�naaty would ritn e�a�nst the City of Fridley and not, the praperty ownery �;hat thls ?�a� be undesirable at �:his particular plaee and it isn`t 100�0 def'- inite UuL- lt u�as the reaeon ror his view. Mayor Nee inqnired if most of C2 wae not �nside displays. Czty Attorney Sm1th replied the uses permitted s�ated auto d�splays and salesrooms, parlcing lots and structures, gas and servlce stations and tYie retail sale of gas, oil� accessorqes� etc. but there is under excluded uses, used car lots and perhape this fit in the terms of used car io-cs. Ma;y�or Nee stated he ?elt the intent of the classification wauld be the queGtyon and t�he+her or r_ot one normally construes trailer sales in a commer- cial dist-ric�. Mayor Nee iurther stated he would prefer that a court declde the matter rather than the City Council as people should rave some rights to protiect thei-r church and the neighborhood. A4o�ian by Johanson to deny the request for building permits by Random Realty For the construci,ion of tzao office buildings for tra�ler park�ng to be located at 6210 and 6230 Highwag j�65 N. E. (Outlot �3, Moore Lake Highlands, 4th Addition). Seconded �y Sheridan. Upon a voice vote, motion carried wlth Counc�lman uTolke abstaining. BOARD OP APPLALS A1EL'TING MIyUTES, S�PTEMBER 18, 1 CONTINUATION DF HE�SRING OPS A REIQ,UEST FOR 11 VAR7ANCE - SECTION E, l.l OF OR- DII�IANGi� N0. 1 2 BY WATVER OF FFON7' YARD SETBACK RE9.UIRL'PdENT £ROhT 200 FEET 'P i�iayor Nee announced the item in question ti�as the continuation of a h�aring on a request for a varlance of iront yard setUack requarements by Midland Cooper- ai.ivea, Inc, The Clty Manager read to tihe Clty Council the discussions of the Board of �lppeals and action upon their recommendat?on. The City D4anager ex- plained the reaeon tor Mr. Burris oi the commission voting °no°� on the re- commendat�on, explainln� P�r. Burris had f'elt an alternate proposal was ac- ceptable. P2r. Torrey of Midland Coop�ratives was present and explained to the Clty Council the plans, existzng building and the addition they are pre- Gently add!ng of �1,OOQ square f'eet} also, they will be putting ln Building �5 witLin a fe>> years. Mr. Torrey furt'r�r explained this was the only space they had left as they were planning on an office building to take ug the balance ot the areaa that they are in the process of a merger which will be effective on December lst. Mr. Laurence Solberg o� 101 Crown Road stated to the City Council they had be- Fore them a petition b;� 52 people in the are�� that the,-� �aere protesting against this ox-dinance chanoing the setbacl<_. He ivrther etated they Ynew they could not stop Mldland buzlding a stet:on at 100 feet but those legally involved are protesting tihe setback� that Midland had bough� theix land in 1956, built a v�arehouse in 1957 and ae eed to set buildings baek at lOd ieetr that tnas area could be revamped without cLan�ing the rity ordlnance. Nir. So16er�� es spo$esma� for a group� stated they were present �.o f�ght the proposal of Mid- land Coope-ratives to crange codee, th�t �ev� Feople *dould llke to �ee a service station in the area and the tra+_'fic problera ie l�ad and children have a time I JI 1 r—" u � �� � takng a nap; �urther� that the statio� would br�ng traFFic hazards. Mr. Solberg stated the residents of the area have co?�plalned bat received no satisFact�on to their pxoblems fron the Police Force and th�s servace stat�on would brzng more heavy traFf�c. He stated dii'ferent traffic h�zards, It was explaLned �o the Citiy Council Nir. Solberg had talked to five real�ors and had his l�ome appra�sed by two, thct r, H, A. would not �inance a home there and he z�ould suffe� a de preciat�on of some �300.00. He further complained i;hat onr_e �he scrv�ce �t��tion ieould be constiracted tihey �aould put �n a hardware display� etc., and it doesn'ti � take leng zor Mldland to pile things outs�de� etc. Ms•. Solberg reqvested the City Council put themselves in the p1ac� oP the residents and be �uet. Mr. Carl Paclson stated he had snld real estate for gears in th�_s area and reca]lc-d having three nev� homes at 47th and 2nd 5treets and 1{ad difiicuLty geisting loans even at that time� that people did ask about the area Lo the West and he Yiad told them it was �oned heavy industrial but there r�ere people *•.ho were told by another salesmen oi a real estate company thati another c�ntractor *aas to come in and purchase the land and build homes in that arca. Mr, Paulson f'urther stated the ordinance had been sez and it `aould be hoped the City Council �*ould benei'it the residents there and it would be ob�ectionable to a11o�� this tzne company to bulld a serviee statlon trere. Councilman �ohanson stated he could not see a need for a£illing stat�an on the s1�,e and iL �aould be a netrim�nt to the area. Mot2on by Jolzanson that the requesL for a vartiance of Seciion E. l.l oi Ordinance No. 1Fi2 by walver of front yard setback requirement from 100 feeti to 56 feet to perm�t constructaon oi' a service station on the southcas� corner oi the propert,y at Highway ,�100 and Main Street 6y Miciland Cooperal.ives, Inc.� �e den7ed. Sec- anded by TSrook for purposes of discussion. G'ouncilr�an Broak stated he felt this property v�riance should be turned over to the Sa£ety Committee fbr i'urtiiier study and this was a traific problem. Upon z ra7l call vote, those votit�g aye, Johanson, Brook. Those opposed, Nee� Sher?dan� ��dolke. Mottion Pa21sd. Motion by Broak to refer to the Safety Comrnittee for ?urther stiuciy the reauest for ' a variance of Section �. 1.1 of Ordinance Sdo. 162 l�y �aaiver oC iront yard setl�ac'= requirement from 100 feet to 56 feet to permzt construction of a servlce stat�on on the southeast corner of the property at FIighway �'100 and Main Street by Nld- land Coopeaatives, Inc. 6°conded by Wolke. Mayor �iea Zi��uired erhere the problem area i�as. Councilman Wo1ke etated there wa� a possibillty to n�o��e the st��ion back further �nd still be able to construct it and he consiclered iti worth look- ing ittto. D4r. Harr,y Pda�arocki of the Soard af �ppeale was present and expla�ned h�s commission had �one to the area ir. queszion and spent coneideraUle zime there, thay they had �ried to i�nd a eervace station �hat was set back 100 feet buti �ouldn't iind any. He further eapl�ined they had a�,tempted to ma�,e some Yind oF an �rea for a shorter setback and did come to an arran�ement and Mr. Bu-rris brought �t up but I✓r. Solberg �aas absolutely a�inst iti� that aome of the other residents had thought 75 feet iaas a pretty �ood thting for a setbacl�. He explained the Board oi Appeals had thoueht t;he�� would recommend thie requesz to the Council as presented� that he personally thought the City Council would be wrong in deny- in� this perm�t� tnat anotiher station is not �oing to rnake anything worse �n the area �nd it isn't that bad now, Mr. Idawrocl�i statied that when Midland Cooperatives �ei,s through buildln� and gives tax rellef� tiiey are a beneilt tio the City and the C,ty Council should consider �etitin�; some industry in and not m�lcing it ]zard �or them to do businesa with. P�r. Don Roberg oi 100 Horizon Circle stated he could not re�altize why Mr. iVawracici was spealiing up Por Pdldland Cooperatives� �hat as 'ar as thc (5 i'oot secback dis- cussion was� the vote had been t�ken by members of �he Board of Flppeals bePore it oias broughc t,o the floor� that chey as residei�ts, were no� ob�ecting to the � service statilon as such� they we-re ob�ecting to tLe 5u 1'oot setback. 1�1r. Solberg of 101 Crawn Road stated there were only tU�o people that u�ere not le�ally noti€- led of Midlann's proposal to revamp the CiLy ordinance tnat agreec� ���ith 1,he (5 Cbot setback and there ��as no other service station on Iulain StreetT that tl?? s ordinance should stand. M�yor Nce explained the 1a�v provides for a �aalver nrocedure, IVlr, Torrey of Mid- land Coopex•atives stated he doubted that th�s companv could proceed w1Ch the buiidin� ol' the s�rvice etation back 100 feet as �L would be impracLical. �3e Further staLed they four.d 9L dzfiicult to beheve in all zhe oppositiioz, thelr � �� �� buildin� permit vhich �hey had �ust received lor the addlt�on the,y we;e presently constructing had cost them �2��T50.00, that they wcre anticipatlnb their �ax load as a resul�: of the addltion would be in the neighl�orhood of �105,000.00 per year and it did seem as though this s?iould be taken into consideration and no�, be penalized f'or doln� business in Fridle,y� that has company would 'oe ex- tremely disappo�nted Lf this request were turned down. Idayor Nee st�ted he washed Lo taze lssue �,�ith D4r. Solberg's remarke� that Midland Cooperatives had been a�ood cztizen and that Fridley had been most furtunate in having tnem in thc comm�anity. Mr. Torre� �nquired if it o�ere not correct that service sta- tione @id come unfler a co�mercial zoning and in the event this had been zoned corrrnercial� flft� leet woald have been a11 that, was required. Councilr�an t�lolke' szated there had been much discusGion aLout this ordins�nce� that Zf the oa�din- at�ce had not been changed, Midland Cooper�t�ves would have been allowed to bu�1d Lmder the olr3 orcllnance and this vas on� oi the reasons Midland Cooper- atzves had bou5hl their land and they should be entit3ed to use this land as Zt ls not something different from thezr business, �t is incadental. Coun- cilman �dolke explained the City Counczl eould wative portions of ordinances �f 'i,hey so w�shed, that zn M_?dland"s portaou, they would be able to do exactly iahat other commun�tles havn done and tihey can make use their land. Mayor Nee explained to residents the classification in the zoning ordznance that requyrzs 100 £ee�, setback involves all k�nfls of undesirable tnings and ii they were al1 qulet industrlee tihc 100 feet mi�ht not have been toa rele- vant� that the b?-1 and M-2 zonin� really does permit nuisance in3ustxlee and this raas whab the ordinance was to protect the cltieens fro� and there ls a i;echnical�t� here as a filling station is normally fiiL-y feet. P4ayor Nee inqulred af tiaere Uiere any use in referreng this to �he Safety Committee. Councilman �dolke replied he ie:lt there �aas, that if residents were worried abouti camper sa]es� they would be worried about this. Upon a ro11 call vote those voting aye to refer to the Safety Committee the Nfzd�and Cooper�tzves request� Yaalke, Sheridan� Johanson, Broolc� Nee. Those oppoaed� none. �otion cai^ried unanimously. BOARD OF' 2PPEALS P��TTNG NINUTrS, OCTOBER 2� 1963: PU3LIC FiElxRTNG iCONTI?VCTliD FP,OM SEPTL'hTBER l� SI� ME ON P. RP�QFT�S'P FOR A VARIAIVCE FROIdT YARD SETBACK RE�UIR�- nF anr nnnrmTnnT mn mur� �H._ Motlon by Johanson to concur wi�h the recommendation of the Board of Appeals and grant the request for a variance ;rom Section 8.3A of Ordinance No. 70 b5= walver r�f iront yard setback recp rement from 35 feet, to j0 feet to permit construction oF an addition to the present struc�ure on Lots 21� and 22, Blocli 11� Pl��mouth Addition, Anoka County, Minr.esota, same being �i623 2nd Street Northeast. Seoonded by Wolke. Upon a vo�ce vote� there being no nays� the mot�on carriee3 unanimously. PUBLIC i1EARING OAT A 1 �OR A SPFCIAL USE PFRMIT IINDER SECTION OF Mayor Nee �nnounced this was a request for a special use permit for a meet- ing place for Alcoholics Anonymous. The City Manager read to the Cit,y Coun- cil the recommendations of the Board of Appeals. Mr. Clarence Moen was pres- ent and sta�ed he owned property ad�oining lots and would be relieved if the City Councii tiaould approve the permlt. Councilman SHeridan inquired of City Attorney Sm1th if on a Special Use Permit it could be granted yearly and could be wiL-hdrawn at any tzme. City P,ttorney Smith replied the Council could puz a one year tlme limit on the permit, Motion by Brook to concur with thc Board of Appeals and grant the Special UGe permit under Section 45•19 of the City Code of Fridley for a meeting place i'or Alcoholics Anonymous on Lots 13 through 16y Block 6� Spring Brook Park, Anoka County� Minneqota for the period of one ye�r. Seconded by Sherid�n. � , ' � � s� Mr, Robert Hughe� was present and stated he represented the realtors eelling the property and 1t ��ould be unfalr to put �he permit on a year to year basls. Councilmar_ Br�k explained it would be difficult �o issue i+ for a longer time. Mr. Hughes replied there was a problem in dealing wii,h the Unitecl Statec Gov- ernment and if there were some clause inc]uded, the deal would fall through. Councilman Brook inquired if tt could be writiten in as an optlon or coizld a lease be written with an option and a 30 day notice and it would r=new itseli every year automat�cally. Mr. Moen stated he h�d never seen an A. A. �!, meet,- � ing in a disorderly fashion� that this organization had to have this for a longer period of time. City Attorney Smith suggested leaving i.he one year period out and providing tnat any time during the 1i�'e of the Special Use Permita upon 30 days notice} the Czty of Frldley could iniorm tihe matter be bacli before t,he City Council for termination and this would give thc permiti a longer term, Motion withdrawn by Councilman Brook. Mr. Nughes statzd he dzdn't feel tihe permit should inelude any clauses as the U, S. Government were sticklers about the con- tract. Citiy Attorney Smith inqulred what the diYference would be to �he govern- ment if the City of Fridley could terminate the permit at any time. Mr, Hughes replied that if they should invest some money and zf within 30 days they could not use it� it would void the purpose arid this was the case. Clty Attorney Smith inquired if it would be better if the Speclal Uee Permlt should termsnate at the disgression of the City Council and was tolfl it would not. Th� City Manager Zn- quired if instead of saying the Council would give 30 days notiice that it mzgn� be terminated} could they state that if at anytime the Council would wish to re- consider or renew it, they could glve 30 days notice. Mr. George Pdorton stated he wished to urge the Czty Council to pass th�e withouti any strings attached whatsoever� that he did work with these people and did feel it would be an zn- ,7ustice to tack anytnin� onto their permit, that the� could always be brovghti -co court and in o�her places where these meetings are held, there is no cause ior alarm, He further explained it was not a matter of having parties, i,hese people are rehabilitating human lives, Mr. Mike 0'Bannon� Couni.y Commiss�oner, was present and szated the A. A. �, group � had come to him for a site and he had taken them to thls area and it was � good place� that these people are a great asset zo the County as *aell as to 1,he Czty, Couneilman 47olke inquired if this aere a large organization at7d what the parking situation was. This was explained in detail. Motion by Brook to concur wlth the I3oard of Appeals and grant Lhe request for a Special Use Permit under Sectloi2 �5.19 of the City Cocle of the City or Fridley for a meeting place for Alcoholics Anonymous on Lots 13 through 16� Block 6� Spring Brook Park� lanok� County� Minnesota} �ame being 301 Longfellow Stseet Slortheast w:thout qualification. Seconded by Johanson. Upon a vo�ce vote, tnere being no naysa the motion carried unanimously. PUBLIC T'�EARING - FINAZ PLr1T - ALICE ADDITZOPI: Mayor Ilee announced thi� was a public hearing on the final plat of �l�ce A_ddition, The City Manager read the Notice of Hearing, Mayor Nee inquired if there were anyone who wished to Ue heard. Mr, Foslzen was present tn Favor oi the finel plat. `Phere was no one present in opposition, Mayor Nee declared the public hearing on the final plat of Alice Addition closed. Motion b,y Johansoe to approve the iinal plat o�' A1ice Addit�on and author17P �he Mayor and Cit,y Clerk to sign same. Seconded by Sheridan. Upon a voice vote� there beieg no naysr �he motion carried unanimousl��. � PUBLIC HFARING -�'INAL PLAT - GUNDLRSOPT TERRACE: Mayor Nee announced this was a puUlic hearing on the flnal plat of Gunderson Terrace. The City Manager read the Plotice oi Hearing. Mayor Nee inquired ii there aere anyone present who wiched to be heax•d. 1^here �aas no one present in favor of or in opposltion to tne final plat. Mayor Nee declared i,he public hear- ing closed on the final plat o� Gunderson Terrace. Councilman Shez•idan inquired if the City had the dedicatlon For the streets �_n t}ie plat. Mr. C1arA, of tLe City Engineering Department� stated they were a part oi the plat, Motion by Brook To approve the final plat of Gunderson Terrace and authorize the P/iayor and C�ty Clnrk to s�gn sa�e, Seconded by Johanson. Upon a voice vote� tliere being no nays� the motion carrled unanimously. ��6 PUBLIC HEARING - FINAL PLAT - WAYNE'S @DDITION: Mayor Nee announced this was a public hearzn� on the Pinal plat of Wayne's Addition. The City Manager read the Notice of Hearing. Nayor Nee inouired ii there were anyone present who wished to be heard. There was no one pre- sent in favor oP or in opposition to the final plat. Mayor Nee declared the public hearing on the final plat of Wayne's Addition closed. Motion by Johanson to approve the final plat of Wayne's Addition ar.d author- ize the mayor anfl city clerk to sign same. Seconded by Brook. IIpon a voice � vote, there being no naysr the motion carried unanimously. PUBLIC HEARTNG - F7PIAL PLAT - PEA�iSON'S 1ST ADllITION: A7ayor Nee announced this was a public hearing on the final plat of Pearson's lst Additzon. The City Manager read the Tdot�ce of Hearing. Mayor Tdee in- quired iF tihere taere anyone present who wished to be heard. Mr. Pearson was present in favor oi the final plat. There was no one present in oppo- sition. Mayor Diee declared the hearin� closed. Motion by Sheridan to approve the final plat of Pearson`s lst Addition and authorize the mayox• and the city clerk to sign same. Seconded by Brook. Upon a voice vote, there bezng no nays, the motion carried unanzmously. FIRST RE�ADING OF ORDIl`dANCE RFZONING POHTIOPI OF PEARSON"S �'IRST ADDITSOPI: Mayor PTee announced the item in question ��as the first readin� of an or- dlnai�e� re�oning a portion of Pearson's First Addition. The City Manager gave the f�rst readz�tg of said ordlnance. Motiion by Sheridan to accept as the firsc rEading an ordinance to amend the Clty code of the C�ty of Fridley, Minnesota by making a change in zon- � ing districts. Seconded by Johanson, Upon a voice vote, there being no r.ays, the motion carrled unan�mously. PUBLIC FL�IRING - VACATION OI' STRCETS AND ALL�YS, BLOCK 32, HYDE PARK: Mayor Vee announced this wa� a ptablic heazing on the vacation of streets and alleys in Blocls 32 of H,yde Park. The City Manager read the Notice bf Hearin�. Thc Czty Manager suggested tHe City Council could approve the proceeding of tk?e procedure and before the second reading any matters in �ueetiion cauld be cleared up. Mayor nzee inquired if there were enyone pre- sent who wtshed to be heard on th?s question. There was no ane present in iavor of or an opposiLion ta the proposed vacation of stre�ts and alleys in Block 32 of Nyde Park. Mayor ]Vee declared the public hearing closed. Motion by Wollie to continue the public hearing on the vacation of streets and alleys in Block 32 of fIyde Park. Seconded 6y Brook. Upon a voice vote� there being no nays� the motion carried unanimously. PLANNIDTG COMNtISSIOIV MEETING MINII7�'S, SEPTBNiBEA FUTURE MSAS STREET PROBLPM IN REI,ATION TO HOUSE AT 7301 �AST RIVER ROAD - LELAN� RUSKS: The CitS�Idanager read to the City Council the recommendation of the Planning ' Commission and stated the road had been approved by the State Hi�hway De- partment and he did assume if the Cli,y allowed Mr. Rusks to build they would have to pay him for iti at a future time unless they started condemnatlon pro- ceedings now. Mr. Rusks was present to state his po�ition. Councilman Wollie suggested negotlatiing before condemnatlon pr�ceedings as it Fzas impractical to add to the present home. Mr. Ru�ks agreed. City Attorney Smith explaired Nr. Rusks could live in the hame rent free and the City of rridley could gz�re him a betser price and he would be reimbursed. He explained to Mr. Rusks the City Coune�l could not refuse him a permi� but they had deczded to acquire the house. � � � ���`a Motion by iro'olke to instruct the City Managc?� and City AL-torney to negotzaLe with Sdr. Rusks ln regards to purchasin�; h1e home at 7301 East River Road, Seconded by i3rook. U�o�a a voice vote� there being no nays� the motion carried unanimously. 73RD AVENi3E - CROSS SECTION OE RIGHT OF WAY AND STRE�TS AS PRDPOSEll BY THE STREFTS AND UTILITIES SUB-COMMITTEE: The City i✓tanager read to the City Council the recommendation of �he Plaun�ng Commission concerning tihe realignment of (3rd Aveeue. Motion by Johanson to concur wlth the recommendatlon oi' the Planning Commiesion and approve the reali�nment of' 73rd Avenu�, Universit�r Pvenue to Able Street, three and one hali ieet south. Seconded 'oy ;heridan. Upon a volce votea them being no nays, the mo�;ion carried unanimousl,y. CONSIDERATIOt� OF VACATION OF SOUTH 360 FEET OF ALI,EY• Mayor Nee announced the lten� for consideration t,as the vacation of the Soutih 300 feet of an alley and inquired ii' Counc�lman Glolke had any comments. Coun- c�lman Wolke inquired lf the residents in the area aYFected were notified �h�t this would be on the Agenda thls evening. The City PQanager replied they had m2iled some szxteen noticeU. Mayor Nee inquired if thez°e were anyone present who wished to be heard in this regard� that as he understood the problem the City of Fridley was in an irreprievable pos�taon. Mr. Edgar Milselth of' 4656 2nd Street Northeast stated he had �ust baught a home and was unable to use h�e garage unless he baclied all the way down tLe alley. Mr. Rognas of 4650 2nd Street Northeast was also present in favor of the opening of the a.11ey, Mr. George Gorz��ck� of 466c� 2nd Street Northeast saas presenti iri favor of the open- ing of the a11ey, Mayor DTee explained to tihe resldetits present th9t he had no authority to change the action of the Counci7 at this tlme. The City Manager staten that, at one tiime� the entzre alle�+i�as up for vacation and it iaas de- cided a�ainst it and then it had come up as a Fart of �n alley vacation. Coun- cil�an Wolke stated that he felt one of the reasons the C�t,y of Frldley dld thls L�as ber.ause they don't care to have al:Le,ys and if the people peti�;ion for vacating same, the Council does approve, The question was raised 'ny a re�zdent if an ezeemenL covld be used. It was explained the City does retain an easement but ti12e C�t� can't uae lt exaept fo� public u'i,ilitiies. Councilman Wolke inquired lf the action previously taken was a recommendation of tne Streets and Utllit_e� Committee and �aas told it was. Councilman Wolke stated this area tiaas a problem as tihe City Coun- ci1 generally tiake their recommendations Uec�uae they check thcse thzngs qui�e thoroughly. Ma,yor Nee explained the problem at the moment was that, apparei7Lly. *.:h�t the City Pctorney says is zhe Clty does have co go in �nd buy t]�e propertiy bael, tio reopen the 211ey. The residents asked o�hat they would do For driving ii thi� was noti done. Cit� At�orney Smith explained there iaas � techmcality here on tihe way oi es- tablishing alleys, that there would be legal expens�s� etc., and q�iite a lot of problems, He furi;her etated it was his opin�oi� thaL t2ot much could be done at a hearing� the Council could decide to pass a resol_ui,ion to condemn the alley or they could decide to do nothang. A general dlscussion wae held re- garding all aspects in tihe case. Ci-ty Ati;orney Smith in uired if all the ab��t-cing owners were notified. Iie was told they were ai,d that a�etition ln this regard was presented. Councilm�n Sheridan �nquired of the Cltj Manager if all oF tihe owners affected by the alley had not asked for a vacation but actual.ly rome back with a part sect�on. He u+as told this was true. Councilman Woll�e stated that no r�atter where a resldent laved on this bloch, they had as much right to any portZOn� that it was a tzao way street and i� zny resident didn't �et � notice� then it was a different th�ng. Counc�lman Johanson suggesl;�cl findin� out how much of the property they could get UacA. City Attorney Smith st�ted ne f'elt it ;aas legallv sufficzent i;o iolloti� the statute an3 charter provysions. Motion by Joilanson thet the City hlanager and Citiy r��;tornuy he inst,ructed to � �� � negot�ate w�_tih the property owners in the aifected alley to see how much of this praperty chey coulcl get back. Seconded by Y7olke. Upan a voaee votie, tnere being no nays, i;he motion carried unan�mously. COP+�iiIN7CATSONS � EXCAVATC7RS. LIC�NSTNG OF G7ATEr� APID SEWER EXCAVATORS: The City M�nager stated he had discussed �;ne licen�ing of taater and sewer ex- , cavators with the Ciay AttornFy and would suggest the C�ty Council refer this item over to hlm ior his conslderation. Motion by Broo]= to refer to the Clty P.ttorney the licerassng o£ water and seFier excave�ors for i,he drawing of an ordinance� Seconded 6y Sheridan, Upo� a�toice vote, chere hezng no naysy the motion carrled unanimousl,y. BROOKLYDI CENTF'R• SEWliR STUDY AG`�'NCY• Mayor Nee announce@ this was a communication from Brooklyn Cent,er on the setaer stud� agency. Notion by Johanson to receive the communication from the Village of, 1�rooklyn Centex• and file. Seconded by Brook. Vpon a voice vote� there being na nays, �he motion carried unanimously. NORTH SUEURBAN IIOSPITAL DISTRICT• ELECTION COSTS: Mayor Nec announced this 4�as a communzcation From the North Suburban Hospi�al District regarding clection costs. The City I�ana�er explained a decrease in �lecl,ion coets iaas asked for h,y the Hospital District� that Fridley h�d or- lginally billed the husp�tal distrlct for about �483.00 and the nez� price would be �170.0�. l�7otion by Johanson to au�hor�ze the City tRa�a�er to reduce the PSorth Suburban , Hospital District election cost to tne frgure o� 10°a of the total electlon bzll. Seconded by Brook. Upon a voice vote� there being no nays� the motion carrled unanimously. llEPARTMENT OF I�ALTII: RLCT' CREEK: Mayor l�ee announced the communication in question was from the State of Minne- sqta regarding Rice Creeli. 7'he City Manager explained to the City Council that the State of Ni�nesota Department oP He�1th recommended certain thin�s be done and they �re talking about an eYpensive set upa that he had a letter from the Ftealth Inspector zn which he felt this problem z�as not serlous. Mayor P?ee �nquired iF this could be �tudied and the City Council advised. The City Manager suggested the City Council might wish a report frorn the Heai�h Officer in this regard and he would want t.o consult iaath the Board of Health. Motion b,y Johanson Lo receive the 1eL�er from the State af Minnesota� De- partment oi riealzh :+nd refer same to the Health Inspector� Mr. Hensley for hls sLudy and commen�s. Seoonded by Sheridan. Upon a voice vote� there be- ing no nays, the motion carried unan2mously. CITY ATTORNEY: YROPOSED AMENDP�NT TO CHAPTER 1F9: ' Mayar P7ee announced this was a communication from the Czty Attorney regaading a proposed amendment to Chapter 4g of the Municipal Code. The City Manager explained the reason for this l�tter was i;hat the City Council had referred this matter back to the City Attorney after the court case in the same re- gard, Cit� Attorney Smith stated the lecter from prevzotas City Attorney Kohlan should be dlstrzbuted, Mo�ion by Sheridan to Aecelve LYie letter from Cit� Attorney Smith regarding the proposed amendment to chapter 49 oF the Municipal Code. Seconded by Broolc. Upon a vaice votey tihere being no nays� the motion carried unanimously. � � � � �� �1 COUPTTY ENGINEER: NORTFI HALF OF OLD CENTRAL: RESOLUTTON �1�F3-19F3: Mayor Nee announced the Ltem in question L�as a proposed street improveim�t �ob on old Central Avenue between Mississippi Streeti and Osborne Roaci. Mr. �.�iike 0`Bannon� Coun�y Commissioner� was present and explali�ed they were going to widen street and extend it so the road �aill go a]1 the �,aay out and as saon a; the City of Fridley ;ives the County p�rmission they *aill begin work. Mr. p'Bannon explained the area ir question t,o the L`ity Councll and what was going to be done. Tne City Mana�er inquired ii' i,he C�cy Councyl could not accept this letier and order a public hearing. He �aas told i;hey could. Motion by Johailson to adopt RESOLUTION �143-1�63 rece�ving the preliminary re- port and ordering a public hearing on a s�;reet �mprovement pro�ect on C.S.fl.E, 35 (old Central Avenue} betzaeen Missis�ippi ;treet and Osborne Road. Seconded by Sheridan. Upon a voice vote� there being no n�ysa the motlon carried unanimously. Councilman Sheridan stated �hat in a conversat�on �aith NTr. 0'Bannon regarding this area� he had told Mr. 0'73annon he tihou�ht the City o�' Pridley should pro- ceed c7ith the letting of bids and they could call for curb a�d gutter and talse either concrete or bituminous bidc. Mayor Nee inquired if the Citiy couldn't make t,he commat?�ent and then take it out of general fLinds; thai� uould be enter- ing ini,o an agreement v;ith the County before the procc-edings and viould show that Fridley was willing to undertake hal�' o, bhe pro�ect, IIe u�as told this could be done. P2oi,lon by Johanson to lnstruct the Cit,y Mat�ager and Mayor that the Cit,y o° Fridley er.ter into a contract with the County of Andtia to split the cost oP the conc�'etie curb and �ut�;er on parts oP Central Avenue between Miss�ssipp� Streer, and O�borne Road. Seconded by Wo1ke. Upoi� a volce vote, the-re being no nays, the motion carried ananimously. VISITORS: Mayor Ptee inqulred i£ there were any visZtors present who wished t,o be heard at this tine. NIr. Bob Hughes� Fridley Fire Chlei� stated that at the ]asi, mectln� with the Flre Department and the City Council� they had authorized the Pire DE�artment to go ahead and hire Mr. Bud Aeule to dra�a plane for the addition to the Fire Station. Mr. Bud Heu1e had felt it uould be in the best interest of the City of Fridley to have a registered axenitect drav the plans. Mr. Hughes stated he was just brin�ing the Council up to date on what had happened. Iie further stated Mr, Smilera who had done the original preliminaxry riork, tiaould perhaps take tbe ,�ob as these are simpie plans. There were no other visi�ors. C T,A IMS : Motion by Wolke to apnrove payment oi General Claims �L7.048 through �%1142. Seconded by Jphanson. Upon a vo�ce vote� tYiere being no nays, the motior. carried unanimously, Motion by Johanson to approve payment of Liauor Clalms �5685 through �5712. Seconded by Brook. Upon a voice vote, there being no na}�s, the r�otion carri�d unanzmously. Motion by Brool; to approve payment of Publlc Utilities Claima �}2820 through %�2�7j. ueconded by Johanson. Upon a voice vote, there Ueing no nays, the motion carried unanimously. Motion by Joh�nson Seconded by Brook. unanimously. ESTIMATES: to approve payment of Geuerai Claim ;��6�3 previously tabled. Upon a voice vote� there being no nays, the motio�2 carried Mayor Nee announce3 they had azt additlonal c1a�m Prom Comstock & D�vis, Inc. Consulting Engineers on Estim=�te No. 4 which uas the final estimate Por Ilar- baro�sa and Sonsa Ine, tin the amount of i('13,�52.68 for the construction of Sanitary Sewer and Water Improvement Pro,7ect No. 55. ��� Motion by Johanson to approve payment of �13��+52.68� fina] estzmate No. �+, for construction of Sanitary Sewer and Water Improvement Pro,7ect No. 55 te Bar- 6arossa and Sons, Inc. Seconded by Trlolke. Upon a voiee vote� tnere be_ng no nays� the motion carried unanimously. Motion by Wolke to ap�rove payment of Estlmate No. 3, iinal estzmate� to D. W. Hickey and Comapny, Inc. in the amount of $6,745.40, Seconded by Sher- idan. Upon a voice vote3 there being no nays� the motion carried unanimously. Ma;�or Nee stated the next estimate was in i,he sum of �7�7�+�.00 to Sanflstrom and Hafner. Motlon by 73'rook i,o approve pUFment of �7,7�+8.00� E�timate No. 1, the final estimate to Sandstrom and Hazner For the eonstruction of Storm Sewer Improvement Pro,7ect No. 61E. Seconded by Johanson. Upon a voice vcte� there bezng no nays, tihe motlon carried unanimously. Mayor Nee stated zhere was a letter of opinion f'rom the consultzng er_�ineez-s regardingttle �inal est�mstes ,or the Perry Swenson Company and D. �d. Hic�ney aed Compat2y and it was th� opinion of the consulting engineers that there were no damages incurred by the City, Motion by Johansen to approve payment of Final Estimate Pdo. 14 tp the Perry Siaenson Company for t,he constructi�n of 4later Improvement Pro�ect 34-J� Schedule Nal in the amount of �15,965•39• Seconded Uy Wolke. Upon a voice vote, there Ueing no nays� tl�e motion carried unanimously. Mayor Nee announced there uias a final est�mate for the D. ti7, Hickey and Com- pany beforc the Council �_n +'_�e surn or �14,623.14. Motion lay Johanson to approve pay�nent oi Final Estimate No. 8 to the D. 41. FIlckey and Company for ihe consiructilon of' tizater Improvement Pro�ect 3�+-J� Schedule 2 in the amount oF �1L�623.1%+, Secor.ded by Brook. Upon a voice vote� there bein� no nays� the niotlon carried unanimously. Motion Uy Sheridan to approve the following estimate: DUNKLEY SUnFACING COh?PANY �stlmate �7 (Partial) 3756 Grand S�reet Northeast 1962 2A Streets Minneapolis, Minnesota Estimata ��7 (Partial� 1g62-2B Streets Estimate �3 (Partial) 1962-4 Streets TOTAL � � J � v,�a7.3� � $ 4,029•79 $ 2,f337.65 :�14,104.75 Seconded by Bsook. Upon a voice vote� there being no nays� the motion carried unanimcusly. LIC�ATuL+'S : Motion by Wolke tc approve the following licenses: ELECTRICAL Rapid,s Electric 365 FIigYiway rtr10 Minneapolzs j3, Minnesota GAS SERVSCES Dixon Plumbing and Eeating Co. 1360 H��hway �{8 New Brighton� Minnesota Laundry Installers 5800 Drew AvenUe South Minne�apolis 10, Mznnesota by. Owen Hyland by• George Dixon by: ��;illiam R. Cl�rk RENEWAL rEw NBTi7 ' � � � �'��_ Standard Heating Company 410 Tr7est Lake Street Minneapolls� A'Iinnesota GENERAL CONTftACTORS G. A. Gunderson Construction Co. Route 5 Anoka, Minneaota Sexter Realty 3600 Franee Averue South Minneapolis 22� Minnesota Young Constiruction Company 5�32 r�organ Avenue South Minneapolis, Minnesota FIEATIPIG Jerry Baer IIeating & Vent, Co. 3024 � 4th Avenue South Sdinneapolas, Mznnesota D�xon P1u-nbing & Heat?ng Co. 1369 Etigh��ay �3 New Brightion� Ninnesota MASONRY Leo Iiuot 7723 Groveland Road Minneapolis� Ninnesota Suburban Cement Construction 10743 Zenith Ave�ue South Bloomingtona Minnesot� PLUMBING Buchman Plumbing Co.� Inc. 3o23 I�3*ndale Avenue Sou�h Mlnneapolts 8a b4lnnesota TrPLI, DRILLI�IG by: Ton� Ferrara by: G. P.. C}underson b3�: Dor_ald F. Sexter b;�: Car1 Bergstrom by: Raymond F. Hird]er by: George Dlron by; Leb H. Huot t;,y: Berna-rd J. Rimnac l�y: Wal�er Buchman RENEF?E,L P.ENEWA �� NEW RED�PWAL IV�ta' NE47 RENEW�T PTELd NCW Hadden iaell Company �+�+55 Main Strcet PiortY?east ColuMbia l3eights, Minnesota by; Roberti B. �Iadden �FNE'WAL Seconded by Johanson. Upon a vaice vote� there being no nays� the mol;ion carried unsnimouely. PP,TITIOnT: ,�3�k-19ei3� IRotion by ?�7olke Lo receive Petilti�on ����-I--1�6j for an alley vacation} tile and process. Seconded by Sher�dan. Upoa a vo�ce aote, there being no nays, tihe motion crarried unanimously. FEASIBILITY R�PORT - W-3�-PA RESOLUTTON ��11F4-i963• Mayor Nee announced the City Council had recelved a Feaaibility Report combin- ing Pro,7ect 3li-M with rer�ainder oi high level sys�.em Uocster pumping facil�ty. r�r. Comstack� consultin� engineer� stiated the-re V�c-re three separa�e reports and this repor� Lies them all together. R general dlscussion per�od �aas held and matter explained �o the City Cauncil, Motion by Llolke to adopt RESOLUTIOrd #14�+-:L963 ordering final plans and speci- fications on 3�+-M whicr is the combining oP Pro�ect 34-M with remainder of high level system booster pumping facility. Seconded by Johanson. Councilm�n Sheri- dan tinquired what area this �aould inclUae. This iaas explained ny Mr. Coms�ock. Upora a voice vote� there i-eing no nays, tl�e motioa carried unanimously. �� P�;PORT OP BOI�RD OF H�.:7�LZ�I ACTIVITL�'S: M�yor Nee �nizounced this -v�as a memorandum from Mr. James I�. Hen_sley, L�oard of I3ealtl,, tinspectar regaxding the Rice Creek Survey and other mzscellaneous � temG. Motion by Johanson to receive the report from the Board of IIealth and place �t on iile. �econded by Sheridan. Upon a voice vote� there oeing no nays, the motion carried uaanlmous_y. APPOIN'IT'g]TvTT: P+totlon by Ldolke to approve the eollo�aing appointment; R1A� Elenor J. Thoennes 4a80 - 2 1�2 StreeL IV, I+] Fr�dlev� N?�nes�ta 55�+21 POSITION Secretary - Civil Defense & Asseasor's Office SALARY �2u'2.00 per Month kEPLACES Elsie IIan s c om Seconded by Johanson. Upon a voiee votey there being no nays, the motion carried unanimously, CONSIDERATION OF AUilITOP, FOR 1g63 AUDIT: May�z• Nee announced this was the consideration of an auditor for the City of Fridlc-y. The City NIanager explainecl Mr. Sianson would lake to get started on the ne4� audii, for 19�3. Motion by Johanson to reappolnt the firm oF George Hanson Company as Aud_tor. Seconded by Brouk. Upon a voice vote, there betng no nays� the mation carried unanimousl�. CONSTD�RATION OF CLilIMS: Mayor nTee announced th�s u�as the considerat�on az miscellaneous claims wlth the recommendatzan to p�y same. Motion by ivTolke to approve pa�pmert of claims to r4r. Clar2nce Olsoi. in �he amount of :�135.00 and Mr. Ray G. Price For shrubs and bushes. Seconded by Sheridan. Upon a voice vote, there being no nays, the motlon c�rriec� u��animously. COl�TSIDEh�TIOi�T OF AG?�P.EM�1dT5 WITI� ST. PAUL WA'PER ti10RKS: Mayor Nee announced the item in question was the coneideration of agreements witih tne St. Paul Water Works. Czty Pttorney Smith stated he had received a leiter irom Nlr. ComsL-ock� consuiting engineersr with comments on the proposed contr�ct the Water Commissioners had sent. Mr. Comstock explained the comments were mexely changee �n ��ords, etc. and could be taken care of. City Attorne/ Smzth stateci that Sti. Paul had been *aaiting for Fridley to slgn thls contract and have been threaten�n� to take the matter to court and, also, that there is another pendzng agreement i;h�t has somethina to do wzth settleing asseesments on the 4iater idarks property and St. Paul want� to settle that item, also. Czty Attorney Smath further explained he ha3 told the representative from St, Paul he would do everything he could do to facill�ate getting these matters settled. RrSOTIImION �F1�E5-1q63 YROVIDINC i'OR A TAX LEVY: Ma�or Nee announced this ti�ae the conslderation of a resolution p,-ovzding for a tax levy. The City Manager read to the City Council the above described resolutian. Motion by Sheridan to adopt BESOLUTION �145-1963 providing ior a Tar, Levy in the C�t� of Fridley. Seconded b;r Johanson. Upon a voace vote� chere being no nays, the motlon carried unanimously. � ' , � P�J L� � RESOLUTIOV ,�r1�+6-1g'o3 CERTTFYIPIG TAX LEVY FOR 196�F TO COUNl^Y" OF IiiVOKP : Mar�ar �1ee atinounced the item in question was the consideration of a resolutiion cextiifyin� tr�e ta;t levy ior 1��� to the Count�l of Anoks. The Cit}� Manages• a:ad the aUove deecribed resolutlon. Motion by Johanson to adopt RESO�UTION �1�E6-19u3 certiFying the tax levy for � 1961+ to the Caunty of Anoka. Secanded r;� She-rldan. Upo�� a voice vote, there be7ng no nwys, the motion carried unan�mou�ly. RESOLi3`PIOrl #�147-19u3 CERTIFYI�G CERTAIN DE?If�QISr�NT U7ATER C�u'�GES� h9otion by Jnhanson to adopt RESOLU��ION j�14'7-lao3 cercifying certain delinquent iaater and sewer charges to the County Auditor tor collection wit,h the 1963 i;axes. Seconded by Drool�, Upon a voice vote, cl,ere being no na�+s, the motion carried unanlmously. RESOLUTIOV SPLITI7NG CERm�I?v SPECSAL ASS�SSP��TdTS. Niayor Nee announced the ltems in questlon ��ere the resolutions splizting cer�ain special assessments. Motion by Johanson to adopt RESOLUTION T�148-1_963 authorizing and dlrectii7g the splitting of Special Asseesments af Lots 1 and ��, ]31ock 1� Herrig Addition. Seconded by Wollce. Upon a voice votea there 7�cii,g no nays, the motion carr�ed unanimously, Motion by Johanson to adopt RESOLUTIOV �11+9-1963 author�ziug and directing the splitting of Spec�al ?ssessment.s of Lots 1 and 2, Block 3, Sha?Fer's Subdivision No, l. Seconded by Wolke, Upon a voice votie� there being no nays, the mol;ion � carried unanimously. Motion by doh�r_son to adopt RESOLUTION (f150-1q63 au{horizin� anci direct�ng the splitting of Special Assessments on Ou+let 3, (P�xcel 1000), Moore Lake Higr- land�� 4th Addition. Seconded by Wolke. Upon a voice voi,e, there being no naye� the motion carried wlanimously. Motion by Johanson to adopt R�SOLIITTON �151-1963 �uthorizing and directing �he splitting of special asseesmentis on Lot 27, (F�rce1 1200), Auditor's Subdiv�s- lon No. 103. Seconded by Woike. Upon a vo�ce vote, there be�ng no nays� the motion carr!ed unanimou:,l,y. Mo�lon b,y Johanson to adopt R�3SOLUTIOPlfrl52-1963 futhoriziug and directing the splittino of Special Assess�ents or. Parcels 1+50, 53D, ar,d 5�i0, P_uditor's Sub- dlVSSion SSo. 92. Seconded by 4dolke. Upon a volce vote there being no na;�sa the motiion carried unanimously. Motion b;; Johanson ta adopt RESOLUTZON ;�153-�-963 authorizing and dlrecting tine splitting of Speczal �1s�ess�nents on Loti 21a (Parcel 11&'0) ��uditor's Sub- division rdo. 92. Seconded by ti�olke. Upon a coice vote� there being no naysr the motion carried unanimously. N!otion by Johanson to adopt RLSOLUTION �15�+-1963 �uthori?ing and directir_g the sp7itting of Speclel Asse�sments on Lots 10 and 11, Block l, Spr�n� Lake ParL Lakeside. Seconded by Wolke. IIpon a voice vote, tLere being no nays, the � motion carrzed unanimously. Motion by Jonarson co adopt RESOLUTIOPI �15j-1�63 authorizing and directing the splitting of Speclal �?ssessments on certain parcels in Auditor's Subdi✓�sion No. 77. Seconded by Glolke. Upon a voice vote, there being no nays� the motinn carried unanimously. RESOLUTION �156-19b3 DESIGNATING POLLING PLAC�S APID JUilGE;S: Mayor Nee announced the itec� in question was r.he resolution design�ting polling places and uudges and perhaps aome memUers of the City Council would care to m�ke some changes ar additions. The Finance Officer stated the lsst presentied �d � to 1,he Council yras made up some time previous and the City Counr.11 mi�ht �o�.nt to make some changes. Councilman Tdolke inquired iF anyone who signed a pe�i- tion can serve as a �ud,�e. l�e was tiold they could not. 'Phe Pinance Oificer furcher expla�ned the� �,aere going to need one more person in each district ir. addition t,o those tihe C1cy Council miglrt 4iant to strike ou� or replace. Coun- cilman Wo1ke aslied tp have tYie name oi Mildred Grei� placed in Ward 3 ln p]ace oP' Haze1 FIartmen and to place the name of Mrs. �on Goldfus oi' 271 Rice Creek Terrace on the list. Councilman Sheridan requested ta have the name of Mrs. � Charles IIledron placed on Ward �2. Motion by Juhanson to adopt RESOLUTION #f156-1�63 designating polling places and electian �udges for the City of Frirlle}�. Seconded by Brool�. Upon a voice vote, there being no naysy Lhe motioa carr�ed unanimously. RPSOLUTIOiV �157-1963 TRANSFERRSNG FUATDS. The City Ma7ager explain�d r,he transierring of certain funds. Motion by Sheridan to adcpt RP�SOZUTIOV {�157-1963 mal,ing the transfers oi' certain funds. Sec�nded by Johanson. Upon a voice vote, �here being no nays� the motion carried unanimously. pTI�R BUSINESS• Councilman Brook si,ated co the Clty Council he had an item to brin� to the floar;that ne h�d � question reg�rding the AT.H.S,S,D. and �s there would be an election coming up and this question concerned the pEOple oi Fr�dley� he felt the question of �ahether tre Cit,y of Fridley should �oin the 1d.S.S.S.D. on an ad�isory balloti should be placed before the people. I�e further stated this balloi; would noti be b�nding upon the City Council. Moiion by Drook that, the City Council oF Pridley liave an advisor�/ elECtion � ballot in the TSovember 5th, 1�'03 election asking the citizens rihether or not the City of Fr�dley should rernain in the h.S.S.S.D. P+Srs. Thomas Greig ie- q_uired iP Councilman Brook i,hought the people of Fridley were qu�liPied �o rrk�ke that decision, Councliman Brook statec he ��uld be corrected if he were vrrong on this item but he felt this G�as a roroblem and the people would ta�ie a little more interest in thzs and get a clearer understanding. Iie furthe-r stated tLe City Caunczl should have a public hearing and tell the people U�hat this zs about and it nould be economical to do that at this time. Ntr. G-reig inc�ui=ed zi Caunciln�an Brook thought the people Taould understend it and further stat�d tihe �ren who sit on the Board oi the N.S.S,S.D. :nould deczde. Council?nan Brook explained he felti the people on the Board of the N.S.S,S.D. were qualified and th7s was merely an advisory ballot to get the feeling of the people. Councilm�_i Johanso� inquired if Councilman 3rook wished a hearing before the electian. Councilman Brook etated iC the City Council had a hearing, they mi�ht get a better understanding on the sub�ect. N1oLion seconded by Johanson. Councilman Wallie statcd he could not personally see any pointi to this ballot because o� tihe fact tihat tnis is a very tiechnical sub�ect and has been much maligned, tnat t,he only remark you iaould have to make is th�t it would cost mone,y and the residents iiould be a�asnst it 100� w�thout bothering to study �t. Counczlznan Wolke further stated it was somethzng that might pre�ud�ce i.he ' Puture counczl and Couneilman Brook was asking bhe people to vote on some- th�ng they are not ready to vote oa �nd h� i�as against the motion. Councllman Johansan suggested holding two public hearin�s before the el°ction and have repreeent�tives explain in detail to the people o�hat the proposal is �nd at the same time have l�s. Bob Prtinder gave his trie�as or hie report also. Councilman Johanson statefl the-re were those o_ the Council wY!o were c�uite t�r apa-rt on their thin7�ing of the reposts. Mrs. Greig iniuirecl zf Coanczl- man Johanson expecced the people to know what uas right ox• wrongy that he had � doubt tn htis mind and yet he wanted this Urought beiore the people. � � � Councilman Johar.son replied he iaas very sure how he would vote and there saas no question in h�s mind in that area� that he sti13 felt tl�e City of I'ridley tiaould be beti.er ofP nego�iating wit77 Minneapelis. Mayor Nee explsined his ideas on the solutzon to 1�he problem and star,ed eiLher wa,y wlll cos t none;� and all r,kiey were puttting to the zes � is how to spend tihe moneyr that �t is too complex and Fridley is evading thezr responsibilitiy. Coune�lman Sheridan explalned he had given the sub�ect mucn thought a�id it has some �dcantages and disaclvantages� L-h�s ballot thai. CoL�neilman t�rooli had suggested would not be bindlno ta the City Council althougL it would be direct- ion Y,o the members of the Council who will be or. this Bo�rci after the iirst of the year. Councilman WoiKe stated the question tiaas to b� Urought before tLe City Council on +he 21st of October of whether Pridley vas going to get tinto the N.S.S.S.D. or out of it end the Councll u�ould have to make up �ti's rnand rnie way or the other. Councilma_n Sheridan stated that � furtner �ns�aerin�, Mrs. Ureig� tnat the time element bet�veen notl and the General Election i�i7.1 uot glve the Council ample time to properly a�vise the people voting on yt on botih sides� +hat he could agree with her that the people didn'� understand the problem and there are parts of it each mernber of tkie Council doesn't understand as thoroughly as they wotald 1?ke to. Mrs. Grei�; �nquired of Counc�lman Sheridan if he thought he �aould ever be able to understand the PI.S.S.S,➢. Couticilman Sheridan repJ.ied that e��erytime the City Council puts e question bezore the ti.S,S.;,D. Board they come back with a dii'ferenu propos�l and �f the proposale lceep coming, perhaps they would end up with �iving Pr,dley all oi the servicee fo-r nothii�g. I�e further explained there ��as qul�e a 3ifference in each proposal and thi� could �o on ior quite some time� that the dls�riet has oUligated itself now for fli7al plar.s and speclfications and would 11ke �o �et uncleY• construci.ion unless they have another propo�al. Council�nan Sheridai� stated tha+ as a Coun- ell� the District has never spelled tihese 7�roposals out ar!d �hey are presumeclly not tryin� to sell Pr9dley tihis latest propos�l� the}� had only attempten �o ee11 Frid].ey on the original proposal. tTpon a ro].l ca'll vote� those voting aye� Drook, Johanson, Sheridan, Opposed, Nee, Wo1ke. Motzon carrien. ADJOURNb4EVT: There being no farther business� Mayor Nee declared the �neeting ad�ourned. fte�pectfully submlLtied� , ` - l, , , -� ' i � _ ( ',i�-t�'..� , �!�-c'�+�t�cG��,C'i S e M�skowic Secret�ry to the Council Y �! � " r �_ � - ,�'�,t.�_ _ �lYOR - 1�7m. J.� ce � � '� � a�