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11/04/1963 - 00023046� � . x:" REGUI�AR COT,JNCII: �ETING - ffiOVEMHER �F, 1963 , � � �, ,, A regular meeting of the Council of the City of Fridley was called to order by Mayor Nee,at 8iO4 P. M. ROLL CALL: i Membere Preeent:J Members Absent: Nee, Johanson, Wolke, arrived at 8:30 P. M. None Sheriden ❑rrived at &:15 P• M., Brook OCTOS�R 21. 1 � ii� � k li Motion'by Johan�onito approve the minutes of the Regular Meeting of October 21, 196$,aa prepared',and received. Seconded by Wolke. Upon a voice vote, there being no naye� the motion carried unanimously. � - � �� . OLD BUSINESS:, VARIANCE REQUEST AT 6585 MONROE STREET NORTHEAST - ROSENBOWER (TABT�D 10/21/63): , Mayor,Nee'snnounced'tt�e'item in question was a variance request at 65fi5 Monroe Street NortHeae,t by Mr.,Roaenhower which had been tabled previously and some council memberg',!�were to look at property as it was a rather extreme variance. The City Me'nager,,j'explained Mr. Rosenbower had requeeted a one foot setback in- stead oP a,three°,foot aetback and the BoaTd of Appeals had recommended e two foot aetback: CpunCi�man Johanson stated he had requeated theit this item be continued and,�He building would be so cloae� after examination, that the eaves would drip w�ter'unto other property. Mayor Nee inquired if Mr. Rosenbawer we¢�e present. Mr. Rosenbower was not present. Motion by JohanaOn that the request far a variance at 6585 Monroe Street North- eaet by Mr: Roeenbower for a gerage be denied. Seconded by Wolke. Mayor Nee suggeeted,there were other ways this problem could be worked out. Councilman .Tohanson aleo auggeeted another variance could be used and garage pushed back two ieet.', The�enginEering department agreed to contact hfr. Rosenbower. iJpon a voice vote� there'�be3ng no naye� the motion carried unanimously. Coun¢ilman�,5heri.dan arrived at 8:15 P. M, CONSIDERATION OF AGREEMENTS WITH ST. PAUL WATER WORKS AND RESOLUTION - nrrrrrtrnnTnrmn nnnciv.�m.erm mnvrcn �n n� -. . Mayor Nee announced thia wes the consideration of certain agxeements with the St. Paul Water Works Department with a resolutioi� authorizing an agreement, and inquired 3i Ci�y Attorney Smith had any commenta. Cii,,y Attorney Smith explained this wae a proposed agreement Lhat was worked out by the previous City Attorney and the St. Paul Water Works bu� had never been executed� that he had checked with the �'inance; Officer and the amount stated in the a�reement was a satis£act- ory fdgure in lil:eu of assesaments� that the St. Paul Water Works was ready to pey this previously and he had prepared a resolution to execute the agreement. He further explained,that St. Paul, being a municipality� is not normally asseseed. The City ManageF stated thie agreement was satisfactory previously and was being recommended by adminiatration to the City Council. Motion by ,7ohaneon,to adopt RESOI,UTION #170-1963 author�zing the execution o£ an agreement with,the Board of Water Commissioners of the City of St. Paul by the City oi Fridley concexning a payment in lieu of water and sec�er assesements, execute the contiect and authorize the Mayor and City Manager to si�n same. Se- conded by $heridan: ,Upon a voice vote� there being no nays� the motion carried unanimqusly, �,�� SECOND READING OF ORDINANCE AMENDING SECTION 81.11 OF CITY CODE: i 2i �r Mayor Nee announced the item in question was the second reeding af an"ordinance amending Sectian 81.11 of the City Code concerning the hours,of',a licens� to sell �hon-intoxicat m g malt liquors. The City Manager gave the second'ireading of said ordinance. , i��' �J � � � ��, � Motion by Sheridan to accept as eecond reading Ordinance �250y an,,ordtnanee to ' nmend Secl,ion 81.11 of the City Code concerning the houre of a licene� to sell non-inL-oxic�ting malt liquors� adopt and pub]ish same. Seconded�b�Y Wolke. Upon a voice votc, there being no nays� the motion carried unanimouely.;.,t"�'!'; , NEY] FJUSINliSS: --- PUBLIC HGARIPIG - FCNAL PLAT - DALBERG TERRACE: Mayor Nee �nnounced this was a public hearing on the final plat,�of Dalberg' Terrace. The CiLy Manager read the Notice of Hearing, slso preaented'to the City Council � letter received this day from Mr. Dalberg'. Mayo1'�'Nee'ihquired if there were anyone present who wished to be heard on the Final Plat bf;Dalberg Terrace. Mr, Dalberg was present in favor of the final plat. '�here Was no one presenL opposed to the plat. Engineering Assistant Clark informed�the City Council that before the plat could be signed a letter had to be presented ask- ing for variances or compliances, that in the letter received frOm N1r.,,,Da1beY;g; he has referred to assessments and what he was actually referring to Was es- crows. Mr. Dalberg replied that was correct but it was mainly on,`the�„lots��in, � the plat that don't belong to him, that they had had to incorpofiate. ,,It wae explaiued b,y Lingineering Aesietznt Clark that the Planning Comm3!�aion� h�d re- quested on this item that Lote five (5) and��"thirteen (13%��81'ocl��two�(2�� be,'"� red-tegged because of an existing garage on a lot line se it"etx±�3d7.es`the 1',ot line. Councilman Wolke stated this should not stop the C1'ty'CoUncil Prom aceept- ing this r�s a final plat. Mayor Nee declared the hearing cloeed'.'I" „ �� i, � �� Motion by Wolke to accept the final plat of Dalberg Terrace'and �u'thorize Mayor and Clerk to stgn same. Seconded by Sheridan. Councilman'Johanson'raieed the'"' queQtion of the coudi�ions on Lote 5 through 13� also the' letteT''�of'.iritent �re- " ceived from Mr. Dalberg. Mr. Clark explained th¢t would be a separate, item. The City Manager ;�tated if the City Coun¢il did not choose to� aCt� ott'thie item __� this evening, it could be eigned later at the Novemher'lSth',''meeting. 'Councilman Johanson stated it was one thang �o accept the plats but wrJ,uld'theee'3tems be brought to the ati.ention of the City Council. The City�Msnager'�tated'the"',item would be on the Agenda for the followin� meeting. Mr. Clark explained,these red tagge3 lots are put an the half seciion map in the building ingpectbst�s of'fiee and there will be no building permits issusd until he would knota the reason for the �ed-tagging. Upon a voice vote, there being no nays, the motiori`��aarriea�� unanimously. It was explained the City Council could make a motion to red tag''',LQta,S through 13� Block 2 in Dalt�erg Terrace. Motion by Sheridan to red tag Lo,ts;Yive(5) , through thirteen (13), Block two (2), Dalberg Terrace plet. Secanded by Johanson. Upon a voice vote� there being no naya� the mo�ion carried unanimously. � '� ' � r� `I � �� Motion by Johanson to receive �nd place on file the letter of'�Y,ntent from ➢al- berg Builders for e waiver of engineering escrows and before any�building per- mits are issued to this plat� that these conditions be met to the'eatiefactlon of the City Clerl:. Councilman Wolke stated it had taken Mr. Dalberg"'four,gl'ea�s' ta develop c� plat and cost him money and time and it wsa a benefit �o'the"'G,tty� and this item should be looked into before being denied. Mr. Da�lherg-expla''ined to the City Coimcil the people they were working for were sngious,''pfoY�them�to get sta�ted and there were five lots that belonged to other peoplle,'Cbuncilman Wolke steted he fe7t thie ehould be investigated and deny pel�mi'��"to people;that �� have lots th�t r�re not buil�t on. Motion withdrawn by Councilmari;Johaneon. , i � , �� , „ � PUBLIC EI�ARIPdG - b'INAl PLAT - HARSTAI7 ADDITS�ON: �'� � I,j,, i� � � � „ , ��, � ��i � Mayor Nee announced this was a public hearing on the final plat of'Barstad Addi- tion. The Ctity Manager read the Notice of Hearing. Mayor Nee iriguired'YiY�there were an,yone present who wished to be heard regarding the final plat of the Har- stad Addrt�,on. Fngineerin�r Asaistant Clark explained the locatiori'of'the pro- posed plat to the City Council and preaented a plst of the'area.,' Tliere Wae e � I general di,scueaion period in which it waa explalned a rezonin� fee of $40,00 had been waived:, Mr'. Haratad was present in favor of the final plat of his addition. The City Mansgex^,�explained to the CLty Council Mr. Haretad had been asked for an ,eaeement��: i, ,� j' $are,tad ateted there were other problems involved such as a eezvice dr3ve ri,e'er his 1and� that he wouldn't be able to build on one piece of 1and.acoos�i�]g��tq the'eetbacks� that he would have only one foot to build on. Mr. Harstad fur,ttier atated he would be more than willing to have a meeting with any re�resent,at�i,v,ea;from the City, and Mr. Peterson to straighten out any prob- leme. MayoriNe'el'inquired if there were enyone else present who wished to be heard with,regard,to the�f3na1 plat of the Harstiad Addition. There was no one preaent opposed,,ito,th� f�,nal plat. The City Manager statred it was his unders�and- ing that Mr.,�iaratad was waiving any engineering or escrow fess. Mayor Nee de- clared the publi'e;hearing on the final plat of the Harstnd Addition closed. Moiion by,Wolke to eadept the final plat of the Aarstad Addition and euthorize Maqor aqd Clerk t0 eign same. Seconded by Sheridan. Upon a voice vote, there being no nays� the motion carried unanimously. , BIDS - SW#61 (OPENED NOON, NOVEMBER 4, 1963): a ' Mayor}Nee anno'unced the opening of bids thie day at naon Por Sewer and Water Im- provement Project No. 6L The City Manager stated bids had been opened in the presence of the coneulting engineer� Mr, Comstock, Eng3neerin� Assistant Clark and Supt.; 0#' Pu611c Worke Les Chesney ns follows: PLANHOLDER ' ' ' Horace Montgomery St. Croix Fa].ls Wisconsin Barbarossa & Sons� Inc Route #3 Osseo� Minnesota - Randall Hrothers 3�+00 Silver Laker,Road Minneapolie 18, Minn. Art Bolier Conet'ruction Co. 5612 Corvallis ' Minnespolis 22� Minnesota F. D. Chapman Conatruction Co 280g Alabama Minneapolie 16, Minnesota Northern Contracting Co.� Inc Box 308 • , � � Hopkins, Minnesota : � ;• u Ohio Farmers 5� St. Paul F & M 5� St. Paul F & M 5� Pacific Nat'1 of Cal. S�i Pacific Nat'1. of Cal. 5'� Am. Surety Co. of N. Y. 5� LUMl' SUM BID $�+3, 510 . 50 ��+3,254.82 $�+b,75i.5o $i+1,610.46 �3�+, 975.56 �3k,36o.25 COMPLETION TIME 60 Cal. Days 90 Cal Days 200 Cal. Days JuJy ], 1964 210 Cal. Days 90 Cal. Days Mr. Comstoek s�ta�ed the low bid was Northern Contracting Compan,y, 7nc, in thelump sum bid of $3�4�360.25; that the original Project ��61 es the preliminary report was made based pn petitions was approximately $385,000.00; the adjusted cost wes $�+�,000.00 and recently an adjustment wae mode because oY the work on %3rd Avenue Lo approximately �41�000.00. Mr. Comstock stated that based on thie thc btd �s 5,� over the original eetimate charges which ls reasoneble nnd his compari,y wae recommending the award be made to Northern Contracting Co:� Ine. Counci]man Johaneon inquired ii this included all the petitions they had p�cked up inc]ud- ing Bacon Drive and'wae told lt Wias. Motion by Johanson that the award for Sever and Water Smprovement Project No. 61 be made to Northern Contracting Co., Inc., Box 308, Hopkins, Minnesota in the lump aum bid prdce of $34�360.25 with a completinn time of ninety calen3nr days on the recommendation of consulting engineers, Comstock and ➢avis, Inc. Sec- onded by Sheridqn, Mayor Nee stated;he did not understand clearly the problem reYerred to in a memo from the Finance+D�rector regarding the water and sewer laterals on 76th Avenue from Central Aicenve, to Arthur Street and inquired if thie was a state aid street where the Cityiw8s' having a problem. The Finance Director explained this was East of Central Avenne. Mayor Nee stated there were some rather large figures being talked �bout in the neighborhood of $8,000.00 end Council wiskied to be � , �, i At'_ uJ � , a� i., � made more oware of the item. The Finance Directar expl8ined' thie was,the''water and sewer 13ne oti 76th Avenue �ahiah wouZd be ineluded as'�pa�t� p��;PY�pjeat �1� � that at the ori€;inal hearing it was aseumed half of the'cost''would 6e"assesaed to the propert,y on either side and now there as a propoaed plat"fox�the'pxo-, perty on the North side and there will be no lots on the'�other eide},`tl�at'the property to the North will bear no coet to the lots on %6th'Avenue.'"T�je Fdn- ance Director sl,ated that originally E& M Develppment Company'had requested thie line but because of the way the lots are platted and faced� if�',the City' would follaw the etandard procedure of assesament� they would actually hear'no cost to this line. It wae further explained the developere �ronldl,have to;TU�1 linee themselves or there would be another petition to�put �ho�p��,"%iries 3n.� The Finance Director stated he had thought this matter should be elariPied at thie time because if the lots in the plat are going to bear part ofl��thie cost� they' should know about it to be able to include these in aeeesament seerciiee,"'En_ ' �ineering Assictant Clnrk exp]ained to the City Council'that E& P4 Development Compen,y were pl�tting thia land and they didn't feel they ehould run thie line and pei�itioned the City to do it and reeidente had agreed. Councilman Wolke, etated the developers would have to pay thie on a'one year�basi'�'i�rregaTdlese�^� and suggested the spreading of the entire piece. The Finance birGctox stated if the essessment were adopted before the plat was final,,it wduld'be ,vn the ' entire p�ece snd it eriould be decided whether to split it half and helfsv;" ,I , Mr. Clark explained to the City Council the final hearing'on Che p'rOposed plat for the area had not been held, Councilmen Johanson esserted'that''if"a'oount of a11 �e lote were made in �he area, they would a11 daain 'into'�the' 13ne,:��'Coun- cilmem Wolke replied that had no bearing on thia matter. Councilmsn �Iohenson stated they were taking 90 or 60 lots and dividing the coet ofltfle'e't]tire plat on juet a Few and thia was not fair, Mr. Clark explained they would have'ta run their own laterale in the development. Councilman Johanson,inqu3red�if all oP the lots were going to use the 76" line. Mr. Clark replied the 50 homes won't have eewer ae yefiy. Councilman Wolke statedr that otherwia�e�' they would have to put in laterals. Mayor Nee stated this might not all be relevant to letting the bids for sewer and water No, 61. The Finance Director, stated.he didn't think it; was but he hnd wanted to get Council clarification on the matter. Mayor Nee stated it would not be a determining question on whe�her or not'to do the work. Mr. Clark stated it might be. Councilman Wolke Teplied that in' the petition ii; �s on a Pifty-fifty basis. �. I'I�o �� '� ii' � � " � Upon a voice vote, there being no nays� the mo�ion carriefl�unariimot�sly. � Motion by Wolke that the City Council go on record that thel"as�esamehts Yor this wor3c� when completed� be spread equally on the Nor�h and South'side of 76th Avenue Northeaet. Seconded by Sheridan. Upon a voicelvo'te',',�thb9e vot- . ing aye� Wolke� Sheridan� Nee� Brook. Those opposed� IIohaneon. Moti6ri cerried. Councilman Johanson stated he had voted against the motion becauae it was'nbt clear in his mind, � , � BUILDING BOAND MEETING M1NU`i�S� OCTOBER 23� �963: y,�,l, �' � ��„ Mayor Nee announced the item in questian was an applieation ior'a bUilding peY�mit for en add�tion to an industr3al building at 160 Ely Street"by,Ber,nard Jvlkowski. The City Manager read to the City Council the recommenc1ation oi"'�the,8uilfling', Roard. Motion by Johanson to concur with the recommendation of the Building Board and' approve the app]ication for a building permi�t for an addition to an'industrial building at 160 Ely Street, Lots 37 through 40, Block 12, Spring Brook Park�of cement and steel construction 27 x 70 at an estimated eoat of $]:S�OOOt00.1 Se- conded by Brook. Upon a voice vote, there being no nays� the.motion carr3ed unonimou�ly. � APPLICATION FOR CON5TRi7CTI0N OF AN INDUSTRIAL BUILDING AT x [�I�I�7 yl� � , i5i ��Egt ��'s��sr rroamx- S`1'EEL CONSTRUCTSON ) JUI�SCOWSKT: , " , � �� _� � �� , � ,' q�� i I i I Mayor �Nee 'et�i�ouilced' the item 3n queation was an application i'or conetruction of an induetrial',b'uild�ng at 7735 Fir Street Northeast by Bernard Julkowslci. The City Manager'rea3 to the City Council the recommendation of the Auilding Board and explained the,p9rking in the area is to be between two lots off-street. Mayor Nee inquired if there were storm dratnage in the area. The City Manager replied there was4no sewer and water. Mr. Julkow�ki wae present and exp]ained to the City Council tYiis w�s to be an ornamental�iron��ehop. Mayor Nee inguired if there were any possibility of pav- ing the parking area. Mr. Julkowski replied that he was going to pave �t, Coun- cilman Wolke atated he had been in the last machine shop Mr. Julko�aski had built and rented'and i,t was a good shop. Motion by Wolke to concur with the recommendation of the Buildin� Board arid grant �he applieation for construction of an industrial building at 7735 Fir Street Northeast� Lots,l23'and 24� Block 7� Onaway Addition of cement and steel construct- ion� 63 x 70a at,'an estimated cost of �30�000.00 wibh the st3pul�tlon that the parking spacea be removed from in front of i,he existing Uuild�ng 3mmediately to the South.-,,, Secot}ded by Sahanson, Upon a voioe vote� tl�ere being no nays, the motion carried'unanimously. PLANNING COMMISSION MEETING MSNUTES, OCTOS�R 24, 1963� Ii PUBLIC HEARING:;�tEZQNING #63-18� LOT 22, BLOCK 10, DONNAY'S LFIKEVIEW AllAITION: , , Mayor Nee'ennounced this wae a rezoning request on Lot 22� Block 10, llonnay's Lakeview Addition from R-1� single family dwelling �o R-3A multtple dwelling. The City Manager read to the City Council the recommendation of the Planning Comraiseion� that in view of a request for a decision at th3e time on the rezpn- ing, the mo�ion'had been to deny the requeet. The City Manager further stated a letter had bean,written to the C3ty aeking for the withdrawa] from the agenda of the Council,Meeting of November 4th thie item from Vern Donnay Homes saying they were not proceeding with the rezonin� at this Llme. The City Manager explained ` the City Council'could concur or deny the 3tem. I Motion Uy Johanepn to concur with the recommendation of the Planning Commission and deny the appliCe�tion Yor rezoning �63-�8} Lots 22� Slock 10� Donnay's L'akeview AdditSon fr,om R-1� aingle family dwe111ng to R-3A multiple dwelling, Councilman Sheridan inquired if Councilman Johanson would amend hia motion to incorporate the letter from Vern Donnay Homea� by concurring with them and maktin� this a part of the record. Councilman Johaneon agreed. , Motion by Johanaon to amend pr8vious motion to read: concur with the recommendation of the P1an�ling Commiseion end de{�y the applicstion for rezoning #63-1E�, Lot 22, Block!10� Donnay'a Lakeview Addition from R-1, smngle family dwelltng to R-3A multiple dwelling� seceive snd file the letter from Vern Donnay Homes aeking far the withdraw�l;#Yom the agenda of the November 4, 1963 Council Meeting which stated they wese,not proceeding further with the rezoning at this t1me. Seconded by Shes'idan;;' Upon a voice vote, there being no nays, the motion carried unanimously. � , i � ' � : SAV #63-Oti OAK GROVE ADDTTSON ED SENSEN LT AL :ALLFY BETEEN � STREETS FROM TH TO MISSSSSIPPI: Mayor Nee announced the it�� in question was a vacation request of an alley be- tween Fridley�snd Anoka Streets frpm 66th to M�esiseippi Streete. `1'he City Mana- ger read to-�he City Counc3l the recommendatian of the Plannin� Coi�miseion, ahd explained ii'they'wished to concur� they could do so by directing his office to � call 'for a'publ3,c heaiing at the earliest regular meeting. Councilman Johaneon s�ate3 they would wish to hear from every proparty owner in the area nnd cautioned the adminiatration to make cert¢in notices were delivered by k�and. Motion by Joheneon to concur with the reeommendation of the Planning Commission and order a puhlic hearing on the vacation reqixest, SAV #63-08, Oak Grove Addition, Ed Jenaen, et a1, the alley between Fridley and Anoka Streets f'rom 66th to Miss- iesippi Streets. Seconded by Sheridan. Upon a voice vote� there be7ng no nays� i,he motion carried unanimously. _:y�� SAFETY COMMITTliE MEETING MINU`I'ES� OCTOBF'R 23, 1963: ;' ' �'LtOPOSED SERVICE STAT70N AT MIDLAPID COOPERATTVES� SNC.; ;�'� „ Mayor Nee ennounced to the City Council the receiving of the Safety',Committee Minutes of OctoY�er 23� 1963. The City Manager explained the seagon',these�were placed on the Agenda was for Council informat�on� that previous],y�'�hey had referred to the Safety Committee the variance request by Midland;CoQperatives for e proposed cervice station� that the proposed setback'wae'reoommended^i'�Eor approval by the Soard of Appeals and the Safety Committee aays,iChere ie no safety problem involved provided that etop s16ns are inatalled,�at'each eide of � designated road:�. It was explained the motion by the Safety C,ommittee'had _J passed with Wrigh� opposed to .�,aid motion. ��ti �, � , Mr. Torrey of Midland Cooperat3ves wae preeent and preaented to the'City Council a more recent drawing of the 25 acree owned by hia company ehowipg,buildinga� service drives, future buildings� etc.� and stated the Safety'Comm3ttee had ' suggested two dop signs,unto Main Street. He further stated a�„repreeent$tive of the Chember of Commerce would be present to.speak in favor,o� thQ'vaxianee' and the Chamber was interested in this as all industry wae tha'��Vae',loeated on Main Street; that Kurt Manufactur�ng had indicated this ser,�ice etation would be �ielcome as had �lectrocote Manufacturing� Fullerton Metal.s and c�any other includin� Reserve Supply. Mr. Torrey explained'the,d3esB1 iield Would be away from the front entrance and stated he was certairi the City Counci,l wae aware of all of the procedures they had gone through and,the„r�commendations by the differeni, boarde� that they also had approval Prom''the,5'tate;Fire MaY- sha11's of'fice. Mayor Nee stated that every committee that had had,this var- iance brought Uefore them had npproved it for construction.' Councilman Johanson inquired if tho�e opposed to the varience would wieh to epeak. Mr. Laurence Solberg of 101 Crown Road stated that at the'time the variance for the fillin� st�i;ion was referred to the Safety Committee�lthe residents didn't know what they could do and inquired why this variance had not,i;beenihrought�be- fore the Plannin� Commission. Mayor Nee replied the orrlinance��'.'apecify,the � procedure �ahich is the Board of Appeals. Mr. Solberg fUrther stgted,he was the i only person pree,ent this evenin� but the residents could,still�,eee in'the near future when University Avenue would be starting conetruction and,there'would be __ a tremendous inarease in traffic; further that stop aigns,sho,uld b,e,put'up. He further stated {,hat industry is fine and ere a big help sa they do pay taaces but there wasn't one percent of the people in th3s induetry,who',work�and live in Fridley and the reaidents just don't want this i311ing„etation'.; ,He explained the matter of times could be a matter of blight to the area� that 3ndustry, ecross from their homea is fine and they do accept it� bvt the'�I;eervitls +ete,tlon uould not be an asset for the people living in the area. Mr: Solberg etated th�t reUident� below 49th Avenue were notified of the situatiott'��on',53rd��.Crown Road pnd Horizon and a11 these residents were againat this aerYice etation� that if one company could vary the ordinance� other companies t�ould�'do„the�same. Mr. Solber� aeserted that it had beep brought to his ettention°tha't eome mem- bers of the City Council had made remarks about the residente who ].ived b�low Highway ��100 and this was not good, that when the overpasa ie completed,this would increase Lhe traffic and stop si�ns might remedy the eituation but there would �till be i,raffic. He explained the Board of Appeale had'brought up a proposed plan of setting the service station back on the land' end thia would set the building back and it wouldn't stop Midland Cooperative�i,Yrom'putting the pumps up closer and they would still have the setback: �He�l��eeer,ted 'the + reeidents �n his are a did not want to stop the building of�influatry,and they did not want the ordinance changed, that they d3d like the 100,II,�OOt�bufier. All 52 petitioners� it w¢s stated� had aaid they would no� go:to, thie,,,iilling station. Mr. Sol6erg further stated that Fridley had been grOwing steadily , but he hadn't seen too much improvement in the City itself� ,that there,did seem to be �ome kind of conflict in Fridley. Mr. Solberg aeked',the City Coun- cil of Fridley as a last resort to deny thia ordinance to,Midl:and,CooperAtives __; and keep on settin� t� more beautified pattern in zoningiae otheY' eub,urbe that surround Fx^idley. Councilman Johaneon expleined that Midland,Cooperativeg was merely asking for a waiver and this had not gone to the Planning Commisaion,:l ' „ � � � +f�,' � ' � � � „ Mr. Torrey of Midland Cooperativea explained to +he City CounS�'�,rthat at,the preaent time hL� company had approximataly one huhdred emyloyeeer0',f�Which a- bout 32 lived in Fridley� that he was certain all oP thel0ity C'ouncil recog-, nized the fact i,hat Midland Cooperatives was planning the�buildiiig,of an,office q�� l ` � �._ �J Y ; � build3ng�aad'i%I�lithe eame rate of employees would continue they would have about 100 employeee ,thet,would be residents of Fridley and that was considerably more than the one'�pereent that had been reierred to; iurther, there were no houses near hia company that faced Main Street. Motion bq Johari'son to concur with the recommendation of the Safety Commlttee end grant'the "rec�u'eet'for'a var3ance - 5ection E.l.l. of Ordinance No. 162 by weiver of front yard'�eetback reqnirement from 100 feet to 56 ieet to permit construct- ion of a aervi'ce etation on the Southeast corner of the property at Hi�hway �100 — and Ma3n Street by Midland Cooperativea� Inc. Seconded by Wolke. Upon a roll cal], vote, thos� voting aye, Nee, Johanaon� Sheridan, Wolke. Those opposed� Brook. Motion carried. CONSIDERATION OF AGREEMENT - RE: SYRING HROOK PARK PLAT 2: Mayor Nee announoed the item in question was the consideration of an agreement regarding 8pring Brook Park Plat 2. The CiLy Manager explained the agreement in detail, lots°that were te�}tagged� also monies on deposit; furi.her, that C9ty Attorney Smith had giveri' approval on legal forms. City Attorney Smith explained he had drawn one'agreement and the eecrow had been too high but he �w no prob- lem with thie agreement attd the community was getting an oversized sturm sewer. Mayor Nee inquired if City Attorney Smith hed re�d the contract and was told he had and it wae'in good form. The City Manager sl.ated it would just be a matter of putting thie�'item on the Agenda for the following meeting. 9�,1i Motion�eby JoHa4ieon to anthorize the execvtion oi the Contract on Spring 8roak Park Plat 2� Anoka County� Minnesota between Wtlliam H. Sippel end Shirley L, Sippel� hie w�,fe; Ro6ert C. Johnson and Lucia,H. Johnson, his wife; and M�ynard C. Rasmusaen and the City of Fridley. Seconded by Sheridan. Upon a voice vote, there being no n�sye� the motion carried unanimously. I' , � CpMMCTNICATIONS: �, HENSLEY: FtICE CRE�S: � Mayor'Nee S9hnouriced thie was o communication from James H. Aens]ey, of the Fridley Board oP Health"�in reference to Designware Industries emptying wastes lnto Rice Creek and Locke Lake. The City Manager stated the administration had received a letter from the Minnesota Department of Health in which they etated they had made'a study of waste from the named industry in Pridley, that i,hey felt the plant procees waste ahould be neutralized and the City Council had rePerred 1,his item to Mr, Hensley'who;had etated in h3s report'that he recpmmended that the plant dis- charge all waetes into the municipal sanitary sewer to eliminrite an,y possible pollvtion of Rice Creek. Councilman Johanson inquired how many gallons a day were being referred to in diacharging into the sanitary sewer system. Engineering Assistant Clar$ replied it was tremendous and it wae bein� proposed to put �71 the waste from ,this,company into the san3tary aewer. It was inquxred cahat t,ype of industry�th3,s wae.and the City Manager replied they did anodizin^. Mayor Plee in- quire'd if,thie botild not be checked into as the waste that aeems to be causing trouble 19 low volume. Mr. Clark replied the State�of MinnesoLr� ha�i s�+id they didn't wan't anything going in the Creek. Councilman Johanson suggested the en- gineering department find out hori much the plant was dumping into �.he sewPr system. Mr. C1ark stated,�he company had their own well. The City Manager explained to the City Counci].�rtH3e wasn't a case where the Cit,y saya something should be done, it is a case of''tHe Health Department telling the City of Friclley tYiey should ordex it done iiut that it could be very costly to the City and he could not see how the City could avoid letting Designware Industries do this. Ma,yor Nee �nquired if' more information could be obta�ned on this item and returned to Lhe floor for � discuss3on: Councilman Jahanaon inquired if Designware Tndustries were aware of the seriousness of their pr,oblem; The��ity Planager replied they were not. En�liieering Assistant Clark stated a letter had been �ent tp them from the �ate of Minnesota. Councilman Johanson auggested that representatives from Des�gn�aare Industries t�e called in� that a figure should be obtained of what they were ta�king aboul. in nionie� as well as gallons to be disposed of and a letter directed to {,he State of Minnesotn, The City Me.nager etated that 3f the City Council wished to direct him to �o ahead, he could or ju'st oxder Dedgnware Industries to hook up to the ear�itery sewer. Coun- cilman Johaneon stated they sh�uld not be ordered i,o hook up. Mayor ldee explained that as he had underetood the problem, it was ,�ust some color mater�al thrat went ;� u into Lhe creek at times. The Gity Manager etated he seould adviee Deaignware Industries the Cii,y wae lookin� into the matter and have a meetit�g with the engineers to see what they could work out� that it was primari7,3v e�metter','of� what the Cat,y of' Pridley was goine to charge Designware Induetriee.'=' Motion by Johanson i,o instruct the City Manager to contaet and,haY,e:B meetdng suith Designware Indvstries and discuss pro6lem with�them and fu;the�F inetruct , the �ngineering Depar�ment to return with the ratea �of diseher�@i��ai�'d� all 'j,nEor,- ma�•ion that might be per�3nent �o the mat�er before 'the Clty',Ctiuncll°,makes a decision on the mntter. Seconded by Brook. Upon a voice, vote'�I there 'be��ng rio, nays� the motion carried unanimouely. i �c^� �.��^'ii � � �� I ��,� � � �� WATPR POLLUTiON CONTROL COMMISSION: REQUEST FOR CONNECTSONS. �� iil'� i' � �, �,i�� Mayor Nee announced the communication from the Water Pollution��Control Commis- sion of the Stete of Minneeota and stated it could be receivBd;',�,�, �', , �� „ ,� Mot;ion b,y Johanson to receive the �tter from tl�e Wabe� �ollution„Control�Com- miasion of the S1,ate of Minnesota� place on file and ,inetruct�the Ci�y Manager to make a report of same to the City Council. Seconded by B,rook'., Upon e vo�ce vote, there being no neys, �he motion carried unanimousl.y'. ��b� ��,'�� , ''i�l�',��-� , � WATER POLLUTION C�NTROL COMMISSION: INTERIM REPORT: Mayor Nee announced the item �n question was a communication from the Wa'�er Pollution Control Commission regarding the Interim Report,. �„ , I � Motion by Sheridan to receive the letter from the Water Pollution Control Com- m�ssion on t,he Sntertim Repart and place on file, Seconded �iy Brook: ,Upon.a voice vate� there being no nays, the motian carried unanimausly. � � � i� l° � � NORTH SUBURBAN SANITARY SEF7ER DSSTRSCT: CONTRACT� ��,��„i� i� � . �loil�, � r' �i'� 7' ,Mayor Nee annotmced the item in question wae a communication�PrO� the'North Sub- urban SaniLr3ry Sewex District concerning commente on the propo�e,d�cco.atract�i, , that Councilman Brook� City Manager Wagner and City Attorney 8mith;ae we1l�,as himself had attended eome of the discuseiona. �"' ��;��'� ', � �� 'I� `� .�� Motion by ,Tohanson that the coneideration of' the contrsct with��i�he Nor�h Sub- nrban San�tary Sewer Diatrict be continued until after the November!5th,;,i963 , election, same to be received and filed. Seconded by Brook, Upon,a,,yoice,Avqte, there being no naye� the motion carried unan3mously. � �!i,,�;',; �; ��' i I�� i KVALI]rIM: FNTCAINSON REZONING: , , , — � ' � r � Mayor Nee announced tkiis was a communication from Stewart Kvalheim'cancerning the Hutchinson property. Mr. Kvalheim was present and addreseed thep;Ci�y�Coun- cil explaining thie matter was before them because�the Platting;and�Zoning Com- mittee had said there wes a traff'ic problem, that in the ].rnterlm�theFe had°been a proposal be£ore the County Board for a stop light at the des�gnated inter- section and it was authorized by the County Board to be ineta��e,d,, Mr. Kva1- heim stated that� based on that, it was suggested that the only,?probl„em they, had wae the traffic problem within the proposed development and'i"�h,ey.�{ad' appeared before the Safety Committee in this regard andithis�coltioiittee had approved unanimously a proposed developmenb which they had,pu�,'^op�fi�.e,wi�h � certain changes, He further stated that in talking with th'e;Ct�ty Attarney� it was his undersl.anding that the Cii.y Council could suthor3ze the'�,rezo�ing_,at this time. Mayor Nee inquired if it were necessary to hold hearinge,again. C3ty Attorne,y Smith replied it was not. The City Manager interpoped,�,-to explain,,thei City Council had not heZd a public hearing on this item end a jiearj.rig'would have to he held, that the Planning Comm3ssion had said at �he time,the,t�affic solation was reached, they wpuld like to hear it s�aintbut thig,WSS up to Coun- cil discretion� that they had �ust concurred in the denial.' Coune3lman,Johenson stated he recalled being at meetings when ihese same peoplG were,�ihere'„+�Mr•� Kvalheim stated this item was beTore the City Counc3liaa 3ar ae,lthe frlanni.ng= Commission mi�utes. City Attorney Smith stated that if the City,iCouneil hadi noC held a hearin�3 they woi�ld have to do eo. Mr. Kvalheim int�u3sed''1f thie � . � .� „ � � s y ai could be held at the esrliest poseible moment� that he and his elients had ap- peared before the`City CoUncil for a period of two years. Councilman Johanson inquired if Mr.,Kvalheim were aware that ii in one year's time this property was not buil� on, it'w0uld revext ta its original zoning. �� Motion by Yjolke'to set a public hearing on the rezoning oi Iiutchinson's Plat for December 2nd� 1g63. Seconded by Brook. Upon a voice vote� there being no nays� the motion carr�,ed unanimously. 8TRT7B: F'ENCE PERMIT: � I Mayor Nee announaed there was a commun3cation from W. B, Strub of' 7H90 Broad Ave- nue I�ortheast,requesting permisaion to keep a barbed wire fence surroLmding his property, also a communication from Allen G. Jensen� Building Inspector, request- ing the Sbrub family be allowed to retain the fence, The City Manager explained to the City Couneil�there ie a legal ri�ht to set a permlt for a barbed wire fence provided it i's five (5) feet above the ground. Councilman Wolke stated he had talked to the Bu3lding' Inspector and if his statements were true he would agree with him. Motion by Wolke,to'receive the communication from W. B. Strub reque�ting permis- sion to keep thel,baxbed,wire fence surrounding his prnperty at '7890 Broad Avenue Northeast. Seconded by Johanson. Upon a voice vote, there being no nays, the motion caxried urian3mously. VISITORS: Mr. Hsrry Hex�driekson� preeident of the Chamber of Commerce, was present, �ntro- duced himself and stated he wished to reiterate Mr. Torrey's remarks, tlitat the Chamber of Co�erce woald 13ke to have the Ci�y Council give as much consldera- tion se pos9lble',on the'variance Mr. Torrey had requeated� that he realized the City Cou}jC11"h�d'i;granted variance hut he wished to have made a part of the re- - cord the ppaitioz� the Chamber oi Commerce had talcen on the metter. s � Mre�a' Chase��repreaentative o£ the League of Women Voters was present as a guest � and�observer.' , CLA7S7S: � � ^i,, , Motion by Sheridan to approve payment oi General Claims �125L ihrou�h �1321. Se- conded by Brook. Upon a voice vote� there being no nays, the rriotion carried unanimously,' ^ , Motion by-$rook,�o approve payment of Liquor Clairns #5781 through �5�30] Seconded by Johanaon. Upon�a voice vote, there being no nays� the motion carried unanimously. Motion by Johanson to approve payment of PuUlic Utilities Cleims {�29D3 through ��930. Seconded by Sheridan. Upon a voice vote, there being no nays� the motion carried �nanimously. ESTIMATES: �� Mayor'Nee atxnounced the item in question was the payxng of certain estimate�. The City,Manager explained to the City Council that on Estimate �4 to Dunkley Surfac- ing Cbmpany im the amount of $13�226.37, they hed been given the figure paid to date, inetead it�eh0uld have been $1E�00j.76. Mayor Nee stated the item in order than would be es�timatee with the revised figure ,7ust �iven. Motion by Johaneon to approve the following estimatea: Herbst Con�brUCtion Company 155o Highway #lo Minneapolis, Min�eaota 55421 Estxmate #2 - Sanitary Sewer & " Water Improvement Project #63 (FINAL) $1�+,585•�3 4� � Sandatrom & F3�fner, Inc. 7�+9 1%orest Dale Raad New Br��hton 12� Minnesota Estimate {�5 - Water �34-K (PARTIAL} Comstocic & Davls, Inc. 1�+46 County Ro�d °J" M�nne�polis� D9inncsot� Consull,ing L,n�;itieers i � � i� � i � �� ' „�� ' � � ��` � � � i Improvement Project � � . ��,� �$3i�,35o�.��+i , �, � 55�+32 Engineertng in connection with Stree� Improvement Projects i962-2A, 1962-2$�� 1962-4 and 1963-1 ' Alexander Construct3on Company �+641 fIiawatha Avenue South Minneapolis, D9innesota Eattmal.e ��3 - Streets 1963-1 (PARTIAL),�,�$ 8�908,.13 �, Dunlcley Suxi'ocing Company � �i �'�i � 3756 Gr�nd St.reet Northeast � ' Minneapo]ie, D9innesota Eetim�te �4 - Streets 1962-4 (PARTIAL��,�16�005.76�� Eetima�e #8 - Streets,1962-2A (PARTTA�',��,$'�8,2E4.�8 � Est�mate �{�3 - Streets ]962-2B (PARTIAT:�''�10�5�3•66 Seconderl by Sheridan. Upon a voice vote� there being no nays „th� motion carried t y,� unanimou�ly. � �� J � e,v $ 785. 5�+ Ma,yor Nee announced the next item in question to be paid^,was tB,�,invoi'ce from Soi1 Solidif3ers Inc, in the amount of �2�152.68 and exp2ained 't$is'had come be£ore the City Council without recommendation from the adminie'tration„and,;is one estimate that the City Council had agreed to pay. The City"Manager stated this was thP estimate he had not personally authorized: CoUncilman Jo�lanson inqw red oT Cit,y Attorney Smith iF he had not� at a prior°meeting, w3th,the,City Manager �lnd consu]ting engineers asked the consulting engi,neers Sor two letters and had he ever recetved these letters xegarding 73rd Av�nue.,�'C�.�y,A�tor�ngy!I,-.r,;� Smith re�lic�d he had not. Councilman Johanson �nquired of City AttoaLtey 51d1tti`� the nature of the letters he h�d asked for. City Attorney'Smith stated they had had a conference and a record was kept of it� that they had;asked i'or a letter from the consulting engineers concerning the perYorroance'IOf the,contract �s to the responszbility of same and fallowing t,hat the soil solidifiets had come in and had a meeting also. IIe Purther atated he was atill�of'the opinion the City of Priclley should have a letter from the coneultin� eti�ineer,indicating his view o�' the responsibility on this job or if there is any responsibili.,�y et all and �n order f'or h3m to evaluate tlxe force of the contract'he would have to know what i,he cunsulting en�ineer thinks. Councilman Johanaon inquired of Mr. Comstock, consulting engineer, if there were any reason'why he, couldn`t'deliver' a letter of thaL form to the City Council. Mr. Cbmstock,repli�d;it Would de- pend on the extenl, of it� that he was famil3ar only o�' the�'infortpat3ph that��had been turned over t,o him and i_° the letter was restricted,to'th9,t,i; k�e;;wovld,write same but concerning the item� hc couldn't view it and can't vi.e{a'Ijit;un,tilithe soil solidifiers would put in a camera and that rather than Write a letter, he had felt they could have a discussion and summarize it. MayOr'N0e a'tated it seemed to him there should be a question of recovery on the mai;ntenance pOnd. Councilmr�n 47o1ke sbated this was a bill �o Soil Solidiiiera�Zho�;,�'tbat��hey had a�reed to pay aud it was his opinion that the City Council should pay 3t.'�hIayor Nee agreed that the question of recovery raas aside from that,ai�d�he wa'8n't��rCer- tain whether they should expect Soil Solidifiers Inc. to f3nan,ce"th'ie amount , and inqui_�-ec3 of City pttorney Smith if the accep-Ling of this�bill woul,d relieve, the Maintenance Aond of any obligation and could they ati11 hav�',`a,case in court to collect it. City Attorney Smith replied that he'didYl't;think it Wou1d' re]_leve the maintenance bond, that that matter only re£lected th�e,'meeting they had had. Mayor Nee explained this wae the work i,het Wae `done a��y��Y�e,��meY`g�:nby� b3sis. The City Manager stated this estimate had nothing to�' do ,�aith',Splidif"y'in� the joints aud there was no agreement to h3s knowledge. COUncilman'W01ke"pi�_^ ' quired if the work referred to in the estimate wa. the wOrk they had.�ordered done. Councalman Johanson replied it was the work Mr. Comstock� conaUltirig,engineer, had ordered done. Counctlman W�lke stated they were all presen,t,�at'that meet- in� and -LY1ey hed all been in agreement that �h3s bill should be�,i�paidl' C1'ty A�- �� I � � � �� ,, , , torney Smit$",�u��este�l to the City Council af they were going tu pay the bill they would havei;,��0,ado�it an etaergency ordinonce first as it was Heyond the Charter allowattCe and''further sug�ested they might have a letter from tYie con- sultin� engineeT;�;'stat3ng that it is something they should pay even thmugh the deciSi�on h�d�be�'n'm�de to pay it. Mayor Nee etated his only poin� w�s that he didn't want to pz'ejudice a point for recovery on the maintenance bond. Council- m�n Wolke 9't'atedlthat point should have been ma�3e at the meeting when they had made the Qgreemetit, and he further felt the City Council should h�ve r� meeting to get someome �to assume souie respons3bility in this city� that this �iork was ox3ered done by Mr. Cometock with the pos3t2on he had to take in order to be able to inepect',�these linee. Councilrian Johan�on stated this was probaUly the first time the'C�+ty-Council hpdn't seen any kind of literature call�ng for � Change'Ord�r 'estimate and he wished to see a l�tter from the consulting engi- neers recommending it, Mr, Comstock replied the contract was close3 out soine eighteen monthe,previovs and there was no Change Order to issue on � contract that had been 'cloaed out� that he would be happy to write a letter but, 1t ��as not poe�ible to�'view this project. Counciln;an Johanson replied ehey kiad � bil� and tiie con'sultxiYg engineer knew what had been done and he still taas not recom- mending approv�,],I';of it. Mr. Comstock replied he couldn"t see whe�.l;er iL �iae his'prerogati've!°�o �do so. 'i EMCRGENCY ORDINANCE"#2y1. RE: SOIL 50LIDIFIERS: Motion by Wolke�i',that the City Council authorize City Attorney Sn�ith i,o draw Emergettcy Ordj.naiice�#251imnediately r�uthorizin� the payment of the bill to Soil Solidlfier5,� Inc. Yn the amol�nt of �2,15�•68, Seconded by Sheridan. �ity Attorhey Smithra;tated he would draw eame and read to the City Council this even- ing. iCouncilmatE'"gi'ook 9tsted he felt this bill shauld be appraved by the con- sulting engineerYng fiTm, Cometock and Davis, Inc. Mr. Comstocic replied he would not make a"statement concerning whPther the City is responsible or not, that he had no authority on the job whetsoever. Mayor Nee inquired of tlze C�ty Council if hhis wae satiefactory. Upon a roll ca11 vote� those voting �ye� IQee, Wollce} Sherid�n,,�Brook. Those opposed, Johr�nson„ Motion carried. � Mayor Nee announced the nex�, e�timate to be consi�9ered wae � c]o;;ea circuit television inspection of eewex^ lines on 73rd Avenue N�rtheast Uy So�l Solidifiers Inc. �,n the amount of $187.50 nnd he ��as no1, aV�are who had ordere3 tY>>s done. The City Managex^i�,�replied it might have been part of the televi�ing thu{, had been ordered. ', Motion by Johanson to approve the invoice to Soil Solid3Fie,rs, Inc. in the a- mount of �187.50 Yor kelevision inspection of sewcr lines, Seconded by I�rook. Upon � voice vote� there being no nays� the motion carried unaniinously, Mayor'Nee isnnounced there was a communication from the County of Anokrl with a voucher ageinet �the City of Pridley in the amount of �>>,264.15 for cu?•bing in accordarice With an a�eement between the City Council �nd the Anoka Coun�,y Doard on the project t�],ong Old Central Avenuc Northeast between Trunlc Hi�lnray �rEj and Miasise'ip,pi,�Street. Counci].man Sheridan inquired lf this wei°e ihe f��ure they h¢d bee'nilook�d� for. Mayor Nee replicd tYiis wae the section that iaas in at the prese�nt tl�me. Counc3lm�n Johanson inqulred zf this had been assessed agalnst the pxAperty owners. The Finance Dlrector replied i,hai. it liad nnd had also been financed, Mot�on by Sheridan to approve Lhe payment of :�11,261F.15 to the County oP Anok� in accordance w�,th �n agreement executed by the City Council �nd i.he Anolca County Soard for ¢ propationate coet ot concrete curb �nd Qutter on Old Central Ave- nue Nor�hesat �etwaen Trunk Htigh��ay �65 and Mississippi Street Alortheasi,. Se- conded by Brook. Upon a voLee voi,e� there being no nays� t,he niotion cariied unanimously. LICENSES: Motzon by Johanson to approve the fallowin� licenae: DELIVERY TRUCK ' Pederson Dairy� Znc. 707 South WaGhlnBton Avenue Minne�poli�� Minnesot¢ by: A. S. Pederson iH1,'r; ��_ �� , Seconded hy �rook. Upon a vaice vote, there being no nays� the motion carried unanimouely. � i�, � ,� � I '� CONSIDERl�TION OF WAIVliR OF 7TN L'OOT DIfl�TANCE FROM UTILITSEB'�,-�''GAS COMPAPT%:' � 1 ._ -- -- - ; . � � ��„ �� „i� � , � Mayor Nee announced the i�em in ques�ion rrae the consid`erat'ion; a�' a waive�, o£ ten feei; for Lhe Minne�polis Gas Company from utilities.,E,ngine,exitxgi'AesY.etant Clark explained to the City Council this was a permit requeste,di"�rom the Minn� eapplis Gas Co mpany and was ^ent to the Streets and i�tilities'IiCommi,�ttee Wk10 did not approve the permit on the basis of the policy that utiliti�'s„b�',AO clvser ; I than ten feet� ihat in thxs parttculr3x case the Minnespolis�GaBi�;Company saye thero is no place for them to go and they do propose to go �two�';�'eet P�rom� tY�e line � and thispipe ��ould be put in with four feet of coVer. Mr., Clarik'',Yur�ther aes- i erted there was no{,hing eeribUa for consideration in this�tA�t�e,r,�;�i'Qo�ncilman ', Brook st�ted tlie Minneapolis Gas Company would cover this,utlli�y in,ai�y regard and aould tnke care ot any emer�ency. Councilman Johanson etated+he';had,heard from several t�ci�hbors in the area and wished to know 7�"the Mi�tlneapolis„Gas , Company would back up 1,heir work. The City Manager,repli0d;��th�y��woql�y�t�e�C th� proposed gae line on old L`e �tral woe eight feet away and �iia,t tua�s',,sst�afact- ory, that Yie h�d overruled the councils denial and signed�the�,p�rtA�tt,';'and�,didn'� want to go ��ainst the Council's den3al and asked �he M3nneepoli� Ga��Company '� if they could weit until th3s meeting for approval and they'had"�Isaid�they'would� that zf the Council would wish to concur in this recommendation an3 gsant the permzt �airh the y�aivtr� they could also okay his poliey on o1d,ICentral. �,� � Motion by Brook tp ❑uthorize the con3truction by the Minneapolis C}�a9,�'Company,ot' a prnposed g,is maln located on Stinson Boulevard between "j5th AvenUe Northeast and Osborne Road ond validate the City Manager's action on thei'COnetzuction,of {,he �as main on old Central �lvenue, Seconded by Sheridan, Upon a voice vote, there k�eii�g no nays, the motion carried unanimously. �f�� S �� . b ��i -� Counctilman Johrro;�on stated there were a iew blocks on S�in�onr$�Oalevard where t,he re�ident.s wcrr_ complaining thaF. the street is quite dark an8 even though there r�ere ,ome street lights on corners, he wisr�ea to know what could be done to get strnet lights in between. The City Manager replied they had'autYlor,ized I 65 more street li�;hirs and the City Council would be gettin� a�map on"the sula- � —I ject and could put in �he lighte they �aished. � "� �, . � i. , y f� CI�ANGF; OADPR �3 - ST. ]962-2B: ,;'�'�,�'� �' li�'��, � i��; l, � Mayor Nee announced this was e Change Order on Street TmpTOVeroen't',Pro;ject;1962 and requested �ngineering Assistant Clark to discuss same. Mri,;,Clark explained to the City Council this wa� tiork that had to be done to prepar,e,,,�the,sub-base on 53rd nvemae� that the work had been completed. The C3ty Manager;also ex-i � pleined ii, was not part of the original bid. � Motion by Sherldan to approve Change Order �3, Street Imp�ovement Project;S,t. 1962, Schedule ?_B to Dunkley 5urfacing Company in the amount of $563.00-.i Se- couded by Broolc. Upon a voice vote� there being no neys� t$e;mcftion carried unan�mously. , � i � cxANCr, oRn��; #3 - s�. i963-i: � � ,� • � � „ Mayor Nee �nnounced this was a Change Order on Street ImpxovemEnt Froject 1963-1. Engineering Assistant Clark explained to the City Counc4�l th�,s�',!ehay7ge� order was similar to the one previousl,y mentioned. ' °� ^ I Motion by Johanson to approve Chnnge Order {f3� gl,reet Improvement Project 19E3-1, to A]exander ronstruction Comp�ny in the amount of $382•'70.' Se'conded by Sheri- dan. Upon a voice vote, there being no nays, the motion carried,vnaqimously, , � ,�� i, �� ACCEPTANCP OF STRL�ET CONSTRUCTION - MELODY MANOR• 2ND ADDTTION.',��'�,'��'i �� i' — — `,�� " I Mayor Plee annovnced the item tin q_uestion was thn acceptance ioi'��,��tz'zet; con9truet- �on in Melody Manor� 2ncZ Addition and that same had been,approy�(�',blqll Eng�neer,ing As�istant Clark, Guperintendent of Public Woxks, Les Chesl�ey�'s1�d�;Consulti�g �° , Lngineer� Mr, ComfitoCk. � ��'��,' j„ ",.�,� d �i,� �� J �.. ,, li_ Motiott,by�Johandou"to epprove��street conetrnction and aaceptanae thexeof oi Melody[MB.nory'�2D��Addition eubject�to a letter received from Buburban Engin- eering� Ina:� aqd'6app�ved by Engineering Asaistant Clark� Superintendent oY Publie'Worke LeqiECrheeney and caneulting engiaeerj Mr. Cometoek. Seconded by Sheridatt. � i�aon+a!�mioe+vote� there�being'no, naye, the motion carried unanimouely. Citq At�orlt0y�,�i'th'�inqnired if approval ehould be subjeet to a year'e mainten- ance.r.,�agi'ae0si�'r1g Aeeietant Clark replied it�wsa stated in the letter received from Svl6exbeld;�n'gineering� Ittc., but what guarante� there vae other than the letter�"he�diEla'tiikaou. City Attorneq 6mith sta�ed it ahould be eubjec$ to a, , � year'e, 'main'teriance., ' . ] I � _ � � ��ryy 1 1 i ' � A4.�.n N�s��f 'I � �� 1�C. .i�.'�:�Q� �� gib�iN +�. r.O�s�Qr.�r��: ��'i/�MiW�,�1�DS' � ii�1�I0N: r '� . 'i ' Mayor lfee 'annonnCed the item in queation vas the acceptance of atvrm aewer con- etruction'in Meadpwlande 2nd Addition amd that eame had been approved by Sub- urban+EnglaeerYpg�,Inc.� Eagineering Asaiatant Clsrk, Superintendent of Public Worke�Lee �heiney''end coneulting engineer, Mr. Comatoek.f Motion by 9heridan to approve storm eewer Qonetruction and acceptence theroP oP Meadowlaade 2ad ABdition eubject to a letter received from Suburban Engin- eering� Iac,��and`approve8 by Sngineering Aasietant Clark, 9uperintendent of Public Worke,Lee;Qheeney and conaulting engineer, Mr. Cometock. Seconded by Johaneon. �Uponlla'voice'vote� there being no naye, the motion carried unanimously. � • , ) "�� rs, �� ,i;l;i • � � - � it , i' 'iiiii, ' � � � , .r �z�xxiox:��'f-i96�, �. F., ��L�x: �w;9u��'r„!y; „pe � , Motion'by Sheridsn to'reeeive�petition #37-1963 rrom F. F. Foslien and rePer to the City�l�la,pngera:''ior proceesing. Seconded by Brook. Upon � voice vote, there being ae iiays��tlie motion carried unanimously. `� _ "� � �i i � � � � i' IIII`rWl i COASI�RATSOAi�OF I,IQ,IIORi�$mORL OUTLET3t, `� � �,,�a�� i �x �, � , , Mayor•Neia�annObii`e'ed�the item in queation Wea the coneideration of liquor ddsore outleta, s.3'he$;Qi'�y Manager explained to the City Council he had placed this item on the agenda`bacivae-i� had been previously diecuseed,-that if they wished to order;ther,yeBee�iteraiinatedrat�liquor etore located at 7361 Central Avenue N. E. actioa a(ovt iion7d�'I,be� necemeasy'sad it would ati11 no� be terminated until March lat. ; Couna17�a1anp WOlke> i�nqulxed how much money the City af Fridley was losing. The'�Finaace*•Oiticer enpleined the aeles have heen going flown each year eince 1960 and�i7fe prdfite haee aleo been going d4Wn� that the firet nine months of last year{the:0i'�y'had'made a lit�tle pxofit but the firet nine mon�ths � oY tihis year thay'wovlt!'!TOee�approxlmately $1��00.OB. The Chiei reason Yor thie, he ex- ple3ned� waa thai' �he wagee and the ineurances had rieen� the inaurance having gone up �o about,�800.�10. , 1 � ,�„ , � Councilmaa°'BheFidan etated they had,dieeumaed thie previously and it wsa hie opiaioa� t}tat ��.tp�h.hle; were� a private operation� it wouldn't heve been in exiet- ance �e' 16srg18`exi'�!t'ph�d� ,that they had� eontemplated thie previously and had aske8':th'e bue�aeet,peopla ii they would &et 2t go for a.period of time, that theq thetigh�'it+,woald recover becavee they thought it wonld hvrt the bueinesa coa�unity. ,Cound3lme.n $heridan aeserted it certainly hadp't improved from the laet 1lquor;e'tmrer,seport,anfl in view o4 that he vae in aecorfl with any membera of tlie' O,it�,�C�u�'d$1^vb,o`,�rov19 desire, to close the elnre ae oi the firet of that years��that��thaq; i�0�ld','efrill give vthe,ir �aotice and pay rent through the �irst of March and pouldaSt'neceeesr3ly have to have the store open the first three monthe of the year ae these vould be the poor months. Councilmaa Wolke auggested leav- ing t3ie etore open �ntil March lst and talk to Mr. Carleon� owner, about going on'a month to IDonth baeie� that the City can ai�ord to take a lose on the loca- tion. Covnoilman,Brook etated if the aign over the store were lit up the etore would.^do.�a,bigger,bv'aineee� that there Were previouely�flood lights, Council- man Wolke ingalribd 3f ,the City,ran�the eame,houra a� this Qtore ae st the other stores4�anfl-was�tcld they flid not. He iltrther atated he would like to eee thie atore utay in�dpexation junt a little longer� that the fsct that the City ia loeing'money doesn't mean it ien't helping the area. � The Finanee*�0171�oer e�lainedithat all oY the loas isn't a cash loss, becauBe they-xere�ahargiiig,8epxeciation, etc. Councilman Johaneon stated that even with that they vere in the bveiaees to make maney. Councilman Wolke etated he did not' like to have the etore in queetion cloeefl, up, that vhether they were going to `�U� � lose money or not wsa not the qveation, that �ith�the busineeeee in ths area, the City ehould main�ein the �tore uatil it s+onld really go ia,the�'i�sd�"iThe City� �i Manager euggeeted iP the Citp Council rould �ieh to have a=nego'tiatlon.poihi,ae , of March 2at� they Wowld have to give a nokine by midnight on 8ovbmbsr'3Q4th`'eud +' �n that period� they aould nenegotiate�� th�t' they did have 'to ��giVe�'�s�f� da.y� noti�¢e � but could nego�iate in the ititerim. Oonnci].man Wo1ke inqtiirisd if�U� �i'ty o�aldn't go to �Che ovnar and operate on a month' to��month basie'. � Tha'� G3ty"��D?��da�eTw�eplied�� in order to get out of the lesae �they s�opLd have to give s� 90,dsy,,;�m�i�ne:'xa3qz+':'; ,�°', V. M. ftagel, resident, etated he Waa emncerned about the inenrance',�r�coeta�:thet�it: ehould be on a sales baeie. The Finance Director explained they.�iiad��ald'utilY- tiee, rent and insurance in the amouat of about $1,273.Om,and the�',ibeUrarice 7rated wae given to hia office by Mr. Pearaon of the Insuranae Co1�1ee10n vho'�had been seplaced ae agent by Mr.�3chillinger. _ � ii.-� ;',�'�'C"I''�,; ;'�,C'��'„ �,�, ., �. . , . „ �' Motion by Johanaon to aerve aotice on Mr. Carlson, 7361 Centrel Av�enue R. E;�that ae of November 30, 1963, the City of Fridley vonld te.ke aetion'on"��the, oBtiosti �o release the City of Frddley i�om their lease and i'urther dieonse ,the�.r,Seeaetae„ of March 1, i961�. Secoaded by Sheridatt. Upon a voice vote�', ther';e'�being noYnays� the motion carried unanimously. � ,'' ' a, , �� , �r> I'h �� , � , r ��e�� COHSIDERATIOI� OF FIItE CALL PAY: ,, ,, ,;ii ' I,' " 4 �t , �, � � � Mayor Nee annodnced the item in queation was the conaideration'of',fi�e'as1Y pay. The city Manager stated the diacuseion wss that preeently the Cltyi;mmployees thst are on a full time beais have been given the $3.00 per fire call,paq,'sad the,City Cmuna3l had diacuased the feaaibility and the idea oP aot paqiag',Yita��thd �3��Q ' during the day but aPter §1�8. M, they would be paid the eame as any�vo�.nnteer.� Councilman dohaneon atated he had been the member to bring,thim m�'�te��o tihe; ;, floor� that he felt it Wae a bad poliey that tbe Ci,ty,pay a man �,;'aa�,s}y3by,,�he hour to work for the City o�' Eridley and� then he gete paifl agaial;,for,a,Sire.��i Councilman Wolke atated the only idea that Would nome to hia miad'vanld be if a man anewers a call, there ie a matter of cslothing, etc, Couacilman Johaneon sta�ed he ielt it wae a mat�er of double pay. Couacllmaa Sheri$si}''ye�'�ate� ,h�1dA';'� knov Why the City Council should take precedent against City emplo�!eeea that'all� the people that answer fire aalls are not all Ci�y enployrsee' ea�-�if,'.there �f�s a� man working for industry in the F3re Department, indueti�y doesn,'t��,;doak��him.for+,<� � the tlme that he ie on e�ire ball; that they Peel it ie e priviTpge�,to�rhave a�� , man aseociated with the Fire Department. •Councilman Sheridaa,Puz�ther�etated heI^ didn't know s�ha� the legality of thie wae but he did xeoall� dieane�ll�oaE;wi�hc'the` �i previoue City Attorney and he wae concerned that action mf thi's.k3nd��night deter- torate the Volunteer Fire Department ae far as membere mP,the Fir,e,,DepartmeAC'Who are actively engaged in their livelihood with the C3ty of Fridley;'�ttexe,a,0naerned,, Counailman Johanson euggeated that if Councilman Shexidan Were;�tokl�eullr+t�o`�o0ale laf the officers of the Fire Department, theg have been trying-.to ge��8'vay;'tY�m�peq� , ing the full time employees during the dsy'for the paet three'oT iouY yeaz�a�'��k+at' t he men that they have in the department are anewering fise calle'I;,'to�maka a dollar. Conncilman Sheridan inquired if the Fire Department had made euuh a requeat to the City Council. Councilman �Tohanson repliad they had not hut,he had had memb�re of the Fire Department come to him with the diecuaeion. Counollman�Wmlke,�etated�he. had had no one come to him and until they were told they legallylaamld„not pay*r, theae individuals, this $3.00 per Yire call ahould continue. �Coupoi�l�ean,9heridan stated if there were a recomm�endation frmm the Fire Department thsy.VeUld�be � obllgated to eoneider it, � jl �;��s��:', , �un�� q«;,. N. �+i t�� Motion by Brook to table the consideration oY Fire Ca11 Paq�Yor,Che':FY'idley�,Firei� Department. Secondad by Johaneon. Upon a voice vote� there being-',no,haye��','�he ; motioel carried unanimously. � �",f� � ""� ,��'��'' •'""' " ' � i i,x k. �qFLI � APPOINTMENT: � . i � ,i'; � �� ' �'� ,�' ,�� r�' �ti ,p,. ��, ' � . � , qp�,�� :;�t��e,,' � < < I Mayor Nee annoanced the appointment in �heation v�ee Che„app�ova�7,�'of��,qiby;e�ng�,neer for the City oF Fridley� The City Manager'explalned,,to;the,City�Q,�mL►a�l th��6s�h&d�', approximately Pive final applieations theq had coueldere8,tra�thet intervleWe With the City Council i'or three oY the,applicatYte vl tion at the time. He further explained Ma�or Nee and Cmnnos]aqn son were present to inteTVi.eW two of the appliean�a and �ubsequ intervieWed by Mayor Nee and Covncilman Johaneon� that�bot� d�ay men Johaneon had suggeeted Mr.'Qureshi ba°ieco�ended to'eueae� The City Manager etat�d he eoncurred with'their'sug- � �reaoaendet- � �i kyaa$-.J�han-', a third Was ;l;C,dlRd.a �Brelita. d; � �. ,� i�� . �r, - , , e ----� 1 __J � .� ,, , � � � Ii,� gestion an8 Mr.' Qureehi was the person he was suggesting. Mr. Qureshi� it was explained�;ie aq;',engineer with Toltz, King, Duvall, Anderson &, Assoc�ates, Inc., and had worked wibh Ellerbe & Associates� has a Rachelor o£ Science Degree from the Univerptty of Punj�U� Pakistan and a Master of Science Degree from the Univergity'�of Minnesota and is regietered as both a structural and civil engineer iri the',S'tete of Minnesota� that Mr. Qureshi could be available shortly upon iin3shing'an aseignment. , Mayor Nee stated his impression of Mr. Qureshi was that he was imminently qual- ified and digniiied. Councilman Brook inquired if the City Cotmcil felt they - should inte7CView anyone else. Mayor Nee replied that he was very mych impressed with this 'person and the City of Fridley would Ue extremely fprtunate to be able to obtain liis services. Councilman Brook stated the other person who had been considered'ishould have a chance to come in and be interviewed. Counc�lman Sohanson inqui�i of the City Manager if he did write this person a letter, The City Manager replied he had not� that he h�d never promieed 1,o wriLe him a letter or any of the applicants a letter. Councilman Johanson str�ted he felt Mr. Qureskii' was very outstanding� that perhaps a person oP a diFferent race presented,a certain reluctaace but Mr. Qureshi would be most outstanding in public relations and the crew and staff would not be reluct3ut to work with him. Councilman Johanaon further stated he would agree witY� Mayor Nee that he didn't feel they should Continue with or hold in'erviews. I- Motion by Johanpon that the City Council retain the services o£ and approve the following sppointment concurring �aith the recommendation of the Cii.y P4a�,ager: NAME POSITION SflLARY R�PLAC�S n, , , M, Nasim Qureshi City Engineer- :�E.'00.00 Calvin G. Brown East River Terxace,Court D3rector of per Minneapolis 14a,Minnesota Public Works month Seconded by�Sltieridan. Upon a voice vote, there being no nays, the motion �carried unanimously. RECEIVING PRELIMINARY REPORT AND ORD�RIT7G PUBLIC IIEARING- in� c n u . vc . Mayor Nee�;announced the resolution in question was receiving the preliminary report,and ordexing a public hearin� on curb and �utter construction. The City Manager explained to the City Council this was the curb Yor North of Mtss- issippi Street and North oY old Central Avenue, that at the tirne '�Yiis was dis- cussed pxevioti�6ly he,wastt`t certain when the publzc hearing could be, that the Finance Officer'had stated he could heve the assessment roll i'or the lE3l.h of November.'; , " Motion by Sher3dan to adopt RCSOLUTION ��171-1963 receivin�; the� pre Liroinary re- port and calling a public hearing on the matter of the construction of cerl,ain improveme�ts,'concrete curb and gutter - CSAH �35 (S'C 1963-2}� for tl�e 18th day of November� 1963. Seconded by Brook. Upo❑ a volce vote, 1.here being no nays, the motion carried unanimously. AUTHORIZIDiG SALE OF C�R'PAIP�f CITY PROPERTY: -- ,- i I �� ,� Mayor Nee'anhqunced �he resolvtion in questlon was the authorizing oF tlte sale of ceFtain c3ty propert,y. Motion by Johanson to adopt rtr�soLUTZON i�172-�963 authorizing the s��le o� cestain ( city property. Seconded by [dolke. Upon a voice vote� there being no nays, the Imotion carried unan3mously. RESOLUTION -,�173-19�3 AUTHORIZING ACQUISITION OP EAS�MENTS: '�� , Mayor�Nee'antYqunced the resolution in question was thr. �uthor•izin�; of acquisiL- ion of certa�n easements. The City Maneger :;tai,ed that this included the por- tions; of'7t1� 5'treet they would have ob�ained with the plat. Cit� Ai,i,orney Smi�h explai'ned th3s was the Carl Sorenson property. Motion by Sheridan to �dopt �trsoLVTtoN ��173-1963 ordering condemuation on Pro- t� •-� ,7ect,e �fe,-2 �nd ��MSAS02-312-020. Seconded by Brook. Upon'a voice 'vote�'�here being no nays� i,he motion c�rried unanimoucly. I,"' ri, , � RESOLUT70N �174-19�3 nU'Z'��RSZIPIG TSSUANC� OP' TEMYORARY BOND$''-�� SS#C4: ' � �'� � Mayor Nee nnnouneed the re�o]ution �n question was �he author�,zing o�' the 3esu- ance oS temporary bonds, j,, � V;, � � �� Moi,ion Uy 67olke bo adopt fi�SOTUTION #174-1963 directing the,isaixance of temp- orary Sr�provernent Bonds in accordance with laws of 1957� ChSptei 3$S�,iStorm I Sewer Tmpravement Project No. 64. Seconded by Sheridan'. iUp0�7 e.Ivbice�vote� _ � there betu� no nays� tbe mo�ion eaxried tmanimously�. � �,,�;,'��''" ,0;� ,� „,' I ir RrSOLiJTIOiI j�175-1963 AUTHO�IZIPIG SI1LE AND PURCAASF OF TEMPORARY 80NDS - SS�64; Mayor Nee �nnounced the resolution in question wt�s au'thorizin'g'the sale and purchase of temporary bonds for SS��64. ' !, N d� Moi,ion b� Wolke to adopt RIISOLlJTION �'175-1963 directing the �sa'lei and �ur'cha3e of Temporary Improvemenl, Bonds tin accordr�nce with laws of 19�j7� Chapter 385� Storm 8co�er Improvement Pro�ect No. 64. Seconded Uy Sohaneon: Upon a voice vote� there bein� no nays� the motion carried unanimously.' �" ' RESOLLJ'1'IOT1 %�176-1963 AUTHORI7S�IG ISSUANC� OF TFsMPORARY BONDS �- S�1#65; " _�, � _ Mayor Nee announced the reso]uttion in question was authorizing the assuance of �emporar,y bond� fpr Sewer and Water Project �65. �' � Mol,loii b3� ,Toh�nson to adopt RESOI�UTION �176-1963 direoting th�e issuance oi�� temp- ornry Impravement Bonds in �ccordance with la��s of 1957, Chapter 385� Water and S�nitary :iewer Improvement Pro,7ect No. 65. Seconded by Bxook., Upon a vo3ce vote, l,here being no nays� the mot�on carried unanimously. • . � �� ' Il'' � ° _ 1 FSSOLUTION �]_77- 1963 AUTEIDRIZING SALF AND PURCHASE OF �'EMP6RARY BONDS - SW�65� � � , � � i Mayor Nee nnnounced the reso]ution in que�tion taas authoxizing the sale',and purchase of temporary bonds for sewer aud Water Project #65;° " I p� � � � Motion Uy Sheridan to adopt RESOLUTION �177-1963 directing'the sale and,purchase of temporary Improvement Bonds in accordance with laws of',195'7� Chaptex'385, Water and Sanitary Sewer Improvement Project No. 65, Seconded by �rook. Upon a voice vote, there being no nays, the motion carried unanimously.' ftESOLUTIOPI �178-1963 SPLITTING SPECIAL AS:3ESSMENTS: ��'i �� __�� Mayor Nee ennounced the resolution before the Council was wi'�h'regarfl�t,o the splii,tinp of eertoin specipl assesements. �'��;' �`�,� ^ � �i��', I Motioa by Johanson to adopt RESOLUTION ��178-1963 authoriti'3;n�;,�,and��directdn� the splittin� of special assessments on the Soutih 551' of NW 1��4 of NE'1��+ �EX. N. 163.C1t') (LUK. PT, Platted as Gideo's First Add,), Pareel 9D0; Section 12. Se- conded by Brook. Upon a vo�ce vote� there bein� no nays� the,motion caxried unanimously, i , " ''pl,�,� I , �ii � � � � � i � OTIIER BUSINF�S� � The Clty Manager stated he iaiehed to report that at the last meeting there was a list of dellnquent accounts presented to the City Council"anc�'thelTaundr,oma't at 83rd and �ast River Road waslieted� although the pari.yat 'the;"lelundromat had aske�l i,hai, it be put on. The City Manager further steted^he�,w,i&hed Co clear the record thai, part of the pro6lem there wae thot there was A tniaxeading'of inetere �n�l the met,ers had bee❑ read wron� several times, that some",payments had,been made but not re�ularl,y �nd the owner rras concerned and had aeked^��hat he mention this to the Ctty Council and state it was not entirely dellnque�hii:' "°„ i� � �'. ; � �� , . ., w.� � � � � ��;�� . �, � y,,, Mayor Nee'' s,tat'ed to ,the City Council thr�t he had req�ted them in a separate memo to conaider the desirability in asking the administration to prepare some procedure'on tlie 73rd Avenne Northeast �ine and he wished to know if there wouTd be some',�ristructions from the Council on this subject, that with the in- formation they had he felt some action would be in order. Councilman Johanson inquired if,tk�e Perfolmianae Bond had been released. Mayor Nee replied it was has underst'anding the Performance Bond had not been released rand he fe]t it was'better'to'e'ollect the information in order to know what the�y ��ere dealing witH�' tHe��e report should be prepered for the City Council. Motion'by dohaneon to authorize the City Manager to prepare a report and r.ompile � all the 8sta ,bhat might be pertinent to the 73rd Avenue sewer line and return to the counet], floor for action at the earlie�t possible moment. �econded by Brook. U�on,a voice vote, there being no nays, the mot3on carr�ed unanimously. Coancilman Sheridan inquired if a special report could be given in l;his regard to Comstock and Aavis� consulting engineers. It was generally agreed Mr. Com- stock Wou'ld work in conjuntion with the C1ty Manager in thie report. Mayor Nee annoUnced to the City Council the receipt of' a letter frorn City Flttor- ney Smitki a�d reqvested an explanation 6'�' same. City Attorney Smith expla�ned bo the �ity� Coqncil'it had been called to his attention thnt the I'ridley News as of somet'ime"�in June was no longer a legal publicatlon in thst the paper is being priitted''in�another county and all his lei,ter to the City Council reflects is that he,did check and review the statute❑ and an attorney generals opinion that involved';,the purchase of the South St. Paul paper and it was ruled that it came within�the Grandfather's Clause and so it would contin�xe legal bu� so far as the Fridley News is concerned it did not exist at the time the statutes were paesed, $e further explained the Columbi� lieights Record 2ual�Fied under the Grandfath82'"s Clause and that he did assume the newspaper would be getting out a report on'this; that it see�ed to him that for the tinie Ueing the minutes shou7.d show the Fridley Rews is not the official poper� that the ordina�tices, etc.� �nd pul�lie he�rings since June lst have not been in a leg�l nevspaper. C3ty Attorney Smith atated the City Council had a number of alternai,ives, they � could make some other newspaper who can properly qualify a legal neuspaper arid unless this were controverted they couldn't contlnue to claim Lhe Pridley News a legal newspaper, that up untilthe present it hadn't been called to anyone's attentiori� althoUgh the City of Fridley might have some problems. He su�gesbed that this evening the City Council designate some othernewspaper other th�n the Fr3dley News the official newspaper for the balance of i.he year. Mr. Les Chacey�wae present and introduced himself as a repres nl,ative of the Anoka Herald,,'ahd Coon Rapids newepaper and staied they wished to be nair,ed the official newspaper' and they woiald attempt to rnalce every effort i.o do everythin� to the eatisia,etion;of Friclley officials. C�ty Attorney Smith suegested the Anoka Union would be the better ofFicial,publication. A representatLVe from the Fridley News explained to the City Council that only the mech2nical printing is done in Hopkins and all the editorial work is donF in Anol;a County. City Attorney,5�ith explained that his discussion on this item had been �aith former City AttoYney Kohla�� and he had called this to his attention and told him the company had agreed with him� that kie Yiad znticipated a report frora the Fridley News thie,evening� i;hat this Was soniethJng the newepapers themselve� have delegated oVer the years, to protect the local newsp�pers. City Attorney�5mith Buggested to the City CoLmci] they hcive i,he leg��ls printed in both papexs until the first o� the year. Couucilman Johanson suggesled the,y could make a'motion that as of this evenin� that either the Fridley Netis or the Anoka U�iion is the legal newepaper. It �aas si'al;ed by the representative oi i,he Fridley,News thot neither the Anoka Union or the Coon Rapids new�paper had a�y c3xcUlation. CoUncilman Sheridan stated the only difference between the Frid- ley News and the Cqlumbia Hel�hts was nothing coore than a lead sheet. Moiion by Wolke trhat the Anoka Union ie immediatelyr,appointed ae the leg�l news- paper of the City of F�xidley and notices �nd ordinances be publi�lied ln the Anoka Union and in the Fridley News for the bsilance of the year aL wh�cli t�me the City of Fridley can designate the offici211e�a1 netespaper. Secon�led by dohanson. UpOn a voice vote� there being no nays� the motion carm�ed unanimously. City Attorney''Smith read aloud to the City Counc7l Emergency Ordin3rire �25]- ��) ,� regarding payment to Soil Solidtif'ication on 73rd Avenue which,had been pre- viously passed and suggested ib be posted in three pa�ces. � ��;I�� Mayor Nee �nno�mced the receipt from the State Highway Departmerit'of "a new pro- posal on �he Outiall lsne on FIighway ��100. The City Managerr'was dired'tsd ,to send copies of i,he proposal to each member' of the City Council'at the earl3est i pos�ible moment, � � � ,;��„ � Councilman Sheridan sta�,ed that prevLously ihey had been��talking'abou'� 8t;inson Boulev�rd nnd he had also been talking to a resident in the area� that ��,nasmuch as :� neon I3oulcvard is a coianty line street :ind bordere the Eaet extremeties of Anoka County and Ramsey, perhaps the City Council should,gi,�re eome consider- ationiu tak�ng over the development of this stree�� that as, it',b'ls npFd the resi- dents of Fridle,y have no street and at is because two countie,a,„are�involved. He further st��ted there is a 66 foot rigkt-of-way and is a requirement;oP a'county street. The second item Counc�lman Sheridan tir�shed to bririg to the iloor� he stated� was i,he sign on Gardena and Stinson Boulevard. He ete'ted this Bi�[i was misspelled. Mr, Chesney of the Department of Public Works statEd'a new sign had been �_nstalled. Councilman Johanaon etated he agreed�,witYii'CounCdlman, Sher- idpn, that Stiz�son Boulev�rd should be eompleted. The City Manager explained he had spoken to Connty Commissioner 0'Bannon in this regard and pertiaps the',qmayorc of the aifeci,ed suburbs and County representativea could,hBVe�a;�';m��tj.ng'a`nd,, discu9s this problem. Councilman �heridan siat�ed hia commeriG§�,?were''�nOt �al��sug- �estaon to eliminate the assessments in the area because the;'xe,sic�ents expect to pa,y buL he felt they should have a meeting and disepsa the'=matter.� � � � ;` �� Councrlman Sherldan stated that with regard to the liquor oper,t�tiori,on old cent- ral that perheps the Count,y would have traffic count recorda regarding this area from Highwoy ��65 to Mississippi 9treet prior to the comple�ion',ibi.ithair work and now that their worlt as cnmpleted, {,hat it might be intereeting to eee the trend on tl�at stretch in evaluating the liquor operation by Mardilst to,see,`if it has increased the trai'fic floU� along the avenue and� if so� they' could give it some consideration. The Cit,y Manager agreed to attempt to get records�fon this item. I�� , , ,, � ADJOURN: There beaug no further business, Mayor Nee declared the meeti�ig sd'jpurned,, , Respectfully submitted, ; � �) � ? �� uue Miskowic Secretary to the Council SP�CIAL COUNCII� MEETING - NOVEMBER 7, 1963 ROLL CALL: Members Present: Nee Brook Sheridan Mayor�"�-� am ^Sy;. Nee � � �` � f i � �� i ,� — , i�� , �� v , �.'i� �� F9embers Absent: Sohanson� Wolke � �;,' CANVA�SS OF GPNERAL EI.LCTION OF NOV�MBER 5, 1963: ` i'; Mo�ion by Sheridan that i ; 1,r, � �q , � � i ; Tn accordance with Sec�ion �+.0(� of the Charter of the Ci'�y oE Fri�ylley� the City Council declares the resul.ts of the 1963 General ETectioh;,to be ae follows: � � � � � ' ��,� . � � � f� , . � i � �� , � u, � .J --� `J