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11/18/1963 - 00023018LJ 3_tl� � � , � � .i�� i I� � f�ii�`��i. �j i a, was ua„ing, �,';they;;ioere taking care oE all the capacity they had righl, now and inqui�ed what'�F��`dley Was going to do iP,they were able to get som� industry. He �urth�r'�stat'�d�'they had known since 195�+ that Fridley's eyatem was dei'icient and F"ridley was�,,;�'he oommunity that had atarted the PISSSD and now is not the time to withdraW�,novi',is the time Fridley should be woricing with these other communities� that Fridley lis9,juRt making it more difficult. Councilman Broolc stated this resolutiori�leit Fridley open for negotiati,on. Mayor ldee re�6lded it did not as it was not prqyisi'oq'sl: Mr. Nage1 stated if Fridley went back intc� the district later,� theyl;�tould h9ve'ta pay more� that the rai,e they had negotieted with Minneapall8 ia'eonsid�rably less than what Frtdley is paying snd t},ere is not going to be'&ny negotiating until all communities ]�ave agreed� that t,tns may nevex come ahout,and he'st�ed he felt over the long tun the NSSSll would have a lower iate' than,there is now available. Councilrnan Johanson stated that would be many years ,in the future. ^'��i r Mayor"'Nee a�ated,that,the follow�.ng day the motion would be in ordex i.o aw�rd the contraets fvr the d3atrict for $k�00,000.00 snd to do so would substentially decreaee �he�'negotiability o#' any motion P'ridley would put before the district board anci Fx3dleyiwould be liable for the $4p0,000,00 whether or notthey used it. He further atated he had opposed and etated quite clearly hia position before the Board;lliand the Board chose to call for bids anyqay, tli�t the position of Fridley'„�.s,de��eriorizing and he didn't wunt to do thie becauce of the con- tract that'had�tieen'�proposed to Fridley as it was the best proposition that they had ha8 bu'�,,`�h�e wae not fair to ca11 for bids, Mr.,Nage1 replied he felt the district lao�d Xeslized many things have not been teken into consideration in Fridley's eitpation'and they have tried to desi6n a contrct that te good for all oY them:;6Mayor Nee stated this ddd not alter anything, Frldley was eti11'liable forl;;ithe monies spent. Mr. Nagel replied thie made no difference. On the original mbt�on by Councilman Sheridan adoptin� RESOLU�rzont �JiBo-1963 and seconded by;''J'ohanson; upon a roll call vote, those voting a,ye� Nee, Sheri- dan� Jphahe,Ori� Brook. Those oppased� Wolke. MoLion �'arried, � � � � � � A➢JOURAT: a ��' � There�,�being no��q7rther bueiness, Mayor Nee declared � � � i �;�,; i �' Respec�fully subinitted� the mee�ti,ng adjourned, , � � ' �p �� r Miskow c �,�� r, William J. Nee Secretary'Co the,Council � ��, �,�� yl;� , • ,� � ��'; REGULA�t COU�ICIL„'MEETING - NOV�MBER 18� 1963 � � ,"' . i A xegiilar uleetYrig,'of bhe Councilof the City of Fridley was called to order bY.Mttyor Nee,'a�1li�i07 P.M., �' � ROLL CAIS,: , , i ,��i � Membere Pre,sent,:qi„ Nee� Johaneon� Sheridan� Wolke arrived at 8:12 P.M., �?�''' i'II.,Brook'arrived at 8:30 F.M. Membere Absent:,'"�; None , r APPROVAL OF bIIPiUTES'- RE6UIJIR MGETING, NOVEMRER 4, 1963: ',��I�(' ' , Motion by d,ohensbn to',appxove �he minutas of tbe Regul.ar Meeting of November �4� 19Fi3 a9,'pirep9i�ed� arid received, Seoonded by Sheridan. Upon a voice vote� there'being t}o !,;}7aYs, the motion carried unanimously. �� bi OF MINUTES - SPECIAL MGETING, NOVENIDER 7, 1 , Y. U �� m Motion hy Sheridan to epprove the minutes of the Special Meetirlg oP November' 7� 1963 ae prepared and received. Seconded by Johnnson. Upon'a°voY'ce vote� there UrinE+, no uays� the motion carried unanimouNly. ;,i'� � � � ,,�, �� ', , APPROVAL OI' MTNU`P�S - SPECIf�I, MI3�TIV(;� NOVCbff3ER 11, i963: � t Mo{i„iBn�A by Johanaon to approve the minutes oi the Special Mee'�ing of'Navember 11, 1963 as prepared and received, Seconded b}� Johtinson. 'Upon�a,�vOice voie� there bein� no n�ys� the mo�ion earried unenimously. °��I','i� � „� � �� „ � i� � � � �� , � � APYFOVI�L OP MITIIJTES - SECOND SPECIAL MEETING, NOVEMBER 1S, 1963: � � � - � � � � Motion by Sheriden to approve the minutes of the Second,S�ee�al�^`Mee�ing�o�"�"i � November 11, 19E>3 followinq correction 'of dollar figure'in'tli'e"firat�para-� " graph from $�+OOO,OOO:OO �to ��P00';000.00 and receive, Seconded by Johanson, Upon a voice vol,e, there being no nays, the motion carried unanimovaly. ' OLD BUSINTIC��: Ma,yor Nee announced there was no old business to be NCW BUSINR`1'� �� , i '; li d �' , , � �'�� i� 'li discusaed:��'�''�' 7,�� i � � Pi7BLTC AF,ARTAiG OrT IMPROVPMENT- S'FRi'ETS 1963-2: � � �� ;{ �� i � h, Mayor Nee announced the item in question was a public hearing��pn Tmprovements� Si,raets 19�3-2. The City Manager read the notice of hearing.'4�ayor,,iVee announced tha1, t�efore he would open the public hearing� he wlehed�,the,City Manager to expl�in the background of this improvement arid the i'Urther; inlp�oVe-1 ment ai Central Avenue. The City Manager explained th19 imp�'QVemei�t was 'the City'e share of concrete curb and gutter of a portion of o1d'Centi�allAvenue; that the County of Anolca would r�iden and improve old Central'Ayenue�the same as the,y had improved Misoissippi S�reet. He furthex explaineal'�q�he'y'��wotal8�'�Pu� ' in conerete curb and gutter anQ the City would paq for half'oS�tha�t�,��pri'ce� i,hat upc�n i,he clasing of the public he�ring the City CounCi�'coU�3 decide whether or not they would order �he 3mprovement. Iie sta't�d''t11e pr�operty 'ownere abutting Ce,ntxal Avenue would recexve a street the same sa '�hose�areae'S,o,uth of Missisaippi Sf:reet anfl pay for one ktialf of the eonorete curb and"'�gut'�er'.,I'Mayor Nee inquired tlie price of the concrete curb and gutter and� wae�l told^ $1:8l�� = i'� Mayor Nee stated thie meant that the price of having the Cotant�yl',proCeed With {,he highway North of Mississlppi Street on Central Avepue the,�ay �Chey haye South of Misaissippi Street is �1.69 per fron� foot and inqui��e� 'i3�Mthere�„were anyone present iaY�o wished to be heard on this improvement.' �I;'�,'','�I,',,', , i �b� ��,�f, �; I,,,�i,, � �pi „� Mr. G. Hanlon of 6890 Central Avenue Northeast was present an8.�,in uis'ed What was meant by words 'land abutb2ng', also� were �hey as ].and�oW�ers �n°�ttiis stree6� responsible or were the people using the road aboVe'-'th�m�COYltxi�bu�Cing to thip assessment. Mayor Nee repl2ed the residents us��rlg ^tYi@'��aeddl�aliove`iMr'. 1€anlon were responsible only to the extent thaL they pay cotrtit�',�r,taxes� that the curbing is �11 that is under €juestion and is really'�or,��ie,};protect3on of the property owuer and the county puts in the road. The'City }�Ianage,r,expl!ained the ternnnolop,y used in i.he notice of hearing was a routinB+�'ty�'�that�would per- mit ihe City Council to levy assessmente in the area around ','tik�eti i7] '�kie pre- '�� vious si,retch of county road� the aseaements were levied''aga�.,pe,t�the, abutting property owners. ��,�� r�, �; ��r�, � . ' ,�, � �'� , y'�i�l�,i�'y, ;'�' y � �� ,'�r � ' ��.�_' ,�� ' Mr. IIanlon inquired when constrvction would begin. MY�.�Jake''L}�tidYiei�ny �Conn�ty �ngineer, etated the �ob wa� being advertksed at the Pre`sent'��,"foY,Deo�t�ti;ex� 2nd and work would start next spring� that they planned tO woxk and�,keep old Central Avenue open for traffic. � j;� i �, � . i � il r � ��'� �� i� The Fanance llirector stated tl�e assessment roll would be Sdopti'd,,3n�'the fa11 of 1964 payable �n 1965. Mayor Tiee it7quired if it would be spread',;bn'a'ten year spread. The Finance Direct,ar replied they hai.ri't spread the sisesament' on the South side but tbat it would be either iive or i;en yea�,'�sp�ead,:'�' �Cout�cilm��n � � Joh�nson stated Lhat unless there s�ould be found another method°of financing � � +��,�,�� , � ��,i'i�ll', � � � I _� --- � � ��,�'�� , ; i, '��,,,'��'� � �.,''J i,��lir', � s � � this��curh_'an'�;��i�tter"�'he vrould nat be al�le to vote fbr it, thet the residenta in the ere�a'ja2'�',��ted�just could not afford it and eome of the aeeessments in the area Were�high enough to make residents lose their property. �r i� Couneilman"�„W,olke �aTr�ved at 8:12 P. M. � ��"�w�;,� :,,i�j�;: u, � � Mr. Hanloa�'9ta,ted.th�.s was a county road and from Miasieslppi Street on it was not� fit fibr.'a1�ytl�ing',, that they had heard many stor�es in this re�ard but the stre2t�hafl�,'t'been 'tovched and they would liY,e to know �zhy. Mayor Nee stated it was not the'CounC31'e intention to do any sewer work in the streei,. Mr. Lundheim'explained the construction work on this road was about past the point �' of doing any maintenance on 1t, Mr. Hanlon replied the burden �aas oetting pretty gxea� and ,though they didn't mind it if they could get something for it but in- quired oi tkie��City Council why they should have to pay every time something was done+�and'have no choice in t,he matter. Mr. Lundheim stated there had been some work that h�d gone on in the etreet that the County did not have a lot to do with and they had Teached the po3nt where i.hey aere proposing xeconsi,ruction and the cost o£ this new �'acility was aboui. ��145,000,00, , Councilman Shexide.n inquired of Mr. Lundheim if what they were contemplating r�as appro�imatgl'y' 1Q�000'feet of curb and gutter. Mr. Lundheim replied there was about 5845`fee�,of curb and,gutter and participation was aslced Yox• 1300 feet North of Miesissippi Street and through the Rice Creek sag where wates would be conducted along the curb snd gtatter and when the Rice Creek sag was reached they,would get to s road that �oes East. IIe explained there wae a d�tch of sorts that eout,inues,up to 73rd and through an �rea on 73rd North past and around the traiLer iacility on one side of the ro�d and on the I'sast aide of the road to t�1e'houeee and the curb ends at that point. Mr, Hanlon inquired of Mr. Lundheim'�what he meant by a ditch section and on this did he propose to put drivewaye to'people's homes, that he had said at County ftoad A there began � di'tch'secti;on:'!,Mr. Lundheim repl3ed there was no curU and gutter in that sec- tion'� bu��eta�ed they were going tm improve the road. Mr. Hanlon inquired oS Mx•. Lundheifi "if;he'I�,could get his road improvec� without haviAg to pay f'or the curb and if,the cur'ti!',were,be3ng put in one atretch of road� why was it not good all -- the way. '''Lhe F?,nance Director explained tbat only the people wlzo would have the � �r �� curb',woulBYbelBSeessed'for it, that the ��sessment wouldn't be all the wa, alovg � Central AvAnus�,;�7�"poudcilman Wolke s�ated i.his �ust didn't add up, that the Pole Yard"'should'jpa��IipdIDe��o� this tax, Mr. Lundheim explained they were not asking fpr participat3,qn 1n concrete curb and �utter where it was not installed. Mrs. Hanlqn inquired;;;3f'conerete curb and gutter were necessary below County Road H. Cauncilman Shefi3dan stated that what they were doin� w¢s elimin�3tLng the open di.tches &longe�de 'the highway tahich were referred to as open areas fron� l�fississippi Street to,0aborne Road� that there t�re open areas that are not develo�ed. Councilmen,Sheri.dan further stated thaL at the time of the development of the areae�it should"�'be,the City's pol:cy to have curb and �atter insL-alled, � t , , Councilman Wo7,$e',inquired of i9r. Lundheim the reasons they �aere not putting curb and gutter'a1on� �he pole yord propert,y. h1r. Lundhelm replie3 the grades were'no't amiabj,c, to'the installation of curb and �utter� that it �usi, wouldn't work out.^�',.,Cou4z�y+7.J.matt Wo1ke stated 3t juat wasn'� log�cal, tl�at it seemed i,o him they 'eou�.d��ttit'',Icurb and gutter all the way alon� the highway� th�t iF they could put c�irb,and giit�'er a11 the 'way �long the highway, that if they could lay con- crete or blacktqp� they evident,ly could lay concrete curb ancl �utLer �long this stretch' al'sQ� „�}iat the County taas dropping out a large seci,ion nnd :iere still willing to,'gek;�,he�Ci�y of Efiidley to help pa,y for it; and because it �aas not developed waa;4lt?t a g00d reason. Councilman Shex•idan at�ted the request th�t the ope�j s�ctti,AUe be left out was done by City Couricil directive. Couricilman Wolke stated that if Mx. Hanlon wanted his pzopr.rty left out� he certainly had that r,ight� that he had been tmder the impress�on that when they put in curb ` �nd gutter they,would put it on the full len�,th oF the property tY�ey were �m- I. proving. Mr.�I,undheim etated they had left oiat o��1y pmrtions �nd ki,id done a good job on thei'yroad. Counci],man Sheridan inqu�red of Mr, Lundheim if l,his was 50,� of the'i(a,rea that was being covered by curb and guttex. Mr. Lundheirri replied he,didn;'t;thi.nk so. Councilman SheriQan stated that he was ��t,tempt�ng to ari'ive at;'tYle, City's share and if it �tould be two or three times the mnount given for the'��entire street. Mr. Lundheim repltied it was approximaLely one- third oi the �,`�'e�a. ^ �ouncilmsn Sheridun stated that if 1,bis were so, the Clty's sh�re wou]d Ue rou�d $3S�OOO,QQ for curb and gutter, Moyor Nee inquired of Mr. Lundheim if the land W,ae so,Plat that they o�ould need underground drainage. Mr Lundheim � i �� rep]�ed there tiaa a question of gettin�; dlrt, that mada i� deeirable to malte up some s�r3es mo�3ifyin� the section which the,y would have with''curb„and gutter� that 1,his ��as done in the open area tahere it, �eemed as though it was reasonable Lo do 30. � , � � Councilman 47olY.e stated it scemed to him that in the £lat sectione'� ttiey,would wan�, curb and �,�atter sc� they tiould move the water down the hightiiay, into the creek area. Councilman Woll.e furi,her stai�ed he couldn`t see pUttin�;lthi5 highway'zn and pui,l.inp in curb and gutter �usL a�oxtion of tkie way and 1eaVing out a com- plete secLian, t,hat they are puttin� the curb where it isn!t ne�ded and where it wae, no cur•b and guti,ex would be put in. Mayor Nee inquired oP;;Mr„ Lundheim what was involved �aith havin�r curb and �ut,ter installed all of,'the w$y; � rir, Lundheim replied ii, i�ould be eilly to put in a curb because the ei$e� dr�'�iaage,��ga,e,slpto �side � ditche� thai, are conductefl awa,y down to the creek� tha�t�it�,isti'i��rjust� having a �-'" curb. Mr. Lundheim furi,her stated if the City Council did not',I,wieh to do so, they d�dn't need to put in the curb at a11, that they could work- a''di'tch,section all the way through; but that citiaena living adjacent to tha xdad w0u1d,'not like thiu kind of a road, , ��,f�`�.; � � � . � � ,lil '�' � Mr. Lundheim was requested to explain the ditch system. Mr. Lundheim ex3la�ned it would be a regular rural dii.ch. Mayor Nee inquired of Mr„ Han�on ii''the Count,y were willin� i.o have half of tYie concrete curb in i'roni, of his� �seeid,enee� � would he be �nterPStect or want som�thing s2milar to thie. ��'�'�� "' � � Councilrian Firook arrived at �:30 P. M. Mr. IIanlon reP1�Fd they were not arguing this s�as somet$ing--they didn�t want,, the,y werc �rgu-in�? wh,y it had not been contemplated to be put �n all the wt�y. Councilmon Sdnllce si.atad that wh�t idr. I�undheim was saying was -�hat {,his concrete curb that they were dele�,�ng could be pui, in at a later date. Mr.�Landheim re- plied i;hey dldn't feel that ;+, �oUaa, that it wouldn't be poaslbZe ,Without quite a lot of uorlc. Mr. Lundheim further stated on Councilman Wolke'S,question that Cotmty Road H as not flat, thaL it has quite a grade up to thel�railxoad traclts in the ar��. Mr, V. M. Nagel, resident, stated there was a tremendoue'waeh i:n the nren v�hich sl,aLement Mr. Lundhesm replied wr3s correct. Mr. Nagel i'urther stated they �aere iasinq the etreet ns a dih,ch and it breaks ofP with e'ptremendous cut on tj�e �,ntersect�niT all of t�e tLr�e� that as lpng as the thndmatrd�s�. sect�p� re�e�ms � unoccupied thie is alr3ght bui� �f i� as ever built up,,Fxidle��would,have'��rouble. _� Mr. Nagel inquired if 'the County were going to install tn�;nho3��i,ll�at ,'j3xd A�tenne and wa� told they wexe. � ,i°;,�� ,i'��' � �.�p = � `'' i: �r , Mayor Nee inquired 3i there were anyone present who had��Yecei+{�e�.��a"nOtice who objected to the propoasl to ¢ssese and put in eoncreCe;'curby�a��gti',G't@r,�,a��,it is, Sou�Ch of Mississippi Stseet at the price oY $1.69 per��,Yfi�on,��r�,�ido!G,'.`,�Mrp.,� FIanlon inquired if under construction item A they could have,l;arl'ieXp�.anation. M3yor Plea sLated this was incluc�ed fls a part of th� hear�ng�,that; it.etill,made it possible to ad�l or delete curbin�. Mr. Lundheim stated ,there would be no curb oT• �;utier at the Hanlon adctress as it stops beiore that area is,reached. Mr. and Mrs, G. Fanlon oi 6890 Central Avenue Northeaet wished,their.names entered a.nto the recorde as objectin� to the asseasmen'C.'i,Mr'. IQuresk%i ,presented maps of area for Covncil consideration aad expl�ined same.��;^Msi'yq�1'{Vee i,t�qu3red 3f there were <anyone present who would wisb to otaject to anlas��esmerit' oi �l'.6g tin the event the,y would have property adjacent, Mayor Nee deoS.a�e'd ,the public hearin� closed, P4ayor Nee staLed they hnd a statement from Mr.�EYickson �aho o�as one hundred per eent in favor of th3s improvement and further.etated if the Council would wich to� they could have a reeolution plaeed on„lt,he��agenda'�'or' the lmprovemen1,. �,i, ,'`;� � , � � � � p� � � �� I PUI3T 2C HA]AF2NG - FINFlL PLAT - MlLRKFY ADDITZON: �;I� �� ' , � Mayor Nee announced this was a public hearing on the final p14�,`oPl,�tkle.,M&rkey � Addition. City Pngineer Qureshi stated the owners oi the pla�;�kLad"oalled end _� req�ted that this final plat be coni,inued. �� -c'��„�,� i. r"',� r`� „� . ,i; Motion by Sheridan to continue the puBlie hearing on the final p1a� o3"�he Markey Addztion as there may 6e an adjustmen�. Seconde$ by HTOOk,'"UpDn a voice vote, there being no n�y�� the motion car�ried un8nimnuq'�j^.' ;' ��;� � d ,, � I'� � PUBLLC HG�AP,ING - T'INAL PLAT - ADETE ]ST ADnSTION: ��'�'�r' � �� - - � � �.�, ��.' � � Mayor Pdee announced �his was a public hearing on the final pletl'of Adele lat �I,° �; � � r �_. � �_ �� „�i� � , ��',i„�� , � ;d„ ° Adfl1t'ion. ' 1 The��'ity' ManageY� read the Not�pe of fiearing. City Engineer Qureshi preeented`��lat�i�'i'�or Council'�approval. Mayor Nee inquired if there wre anyone pr'eaent W$oxwi,�bied to tie l7eakd regarding the Yinal plat of Adele lst'Addition. Mayor�Nee'3:nqu�xed''of the Finatice Officer if the additional assessment referred to iri this ple�,wae City policy. The Finance Officer stated the property had beenl�sseseed,,f,ar^the 11ne on [doody Lane and this other huilding siLe that would be made would b��ying into the water msin line on Central Avenue NortheasL and the ,aeAer �j,1h'e�,,�that �the'policy has'beAn when people tie into a' mwin line, there would be a lateTal a8sesement made against the property. Mayor Alee inquired iF the asseeemeitit that was spread for the Woody Lane area had a3n area componeni. The Finance Ofi3,'cer Teplied it did not. Council;nan Jphanson inquired if what the owner wanted wae�to eXChange assesaments for an easement and was told i,his was corree't at4fll,Chat it would be around �12.26 a ioot wlnth quite a Uit of frontage in tkie 'area. Councilman %Tolke inquired why tl7ere were tao assessmenis on the pro'posed;�,lot.' Mr. Whiteh111� owner of the 1and, replied tl�ere is an existin� e'Ee'emetit for the utilities now and the other easement is not there yet, that'�the sewer rune East and West on the North line and it crould probably be more 'Ye�sible to,tie into the lot for which there was no easement. Mr. G1Yiitehill further`explaip�d'this line was put in some five or six yenrs previous and he did not own the�property at the time, City Attoruey 5mith inqu2red of Mr. Whitehill th� nsme;oi'the previous owner and was told it was noi: certain but could'be Banichi� that it had been purchased throu�h Bronson Lrickson Compan�* and tT�ey didn`t seem to know the easement was there. Mr, Whitehill explained that'he had,talked to'everyone and no one �eemed to know anything about it. Councilman dollatisOn stated it did not sou�6d like too much of an exeLange as far,as the;�ity;oP Fridley wa� conCerned. Mr. T71�,itehyll replied thts easement doesn't showlup'3n the'title either� so it o�as assurried there oias no easement obtained, 'Mayor Nee','inquired of Mr. Whitehill ii' he had a home on this lot at the present:', hlr. Whitehill replied that he did not� that on Sdoody Lane there ie,'no sewer� juet a saddle on the'lateral line. City Attorne,y Smith stated he X�1t,the,City did have an easement and was told by Mr. Whitehill ii there wa6,'one�i�� was not recorded anywhere. Councilman Wollce �i.ai.ed he felt tiiere wa9�`no"'po�tlt in Holfling up the plat but the City Council shouldn't �,ive Mr'. Whi��eH�ll tHC' e�sement. Mayor Nee inqu3red of Mr. Whitehill if he wished , the Couneil to�''aecept the plat in this manner and Mr. WhitehCll replied he wa� not eertain� that he did feel the assesment was unfair �nd it w��s assessed at the �oing x&te',a�id�'wes �put in some f2ve or six years previoos, ihat he had about �1�100.00��or�eo in as'sessment� at the present and'this was something that he was hot,'�aware of ab all. Councilman Johanson expla�ned to Mr. WYut;ehil] that he would end up with two building sites and would have two nssessrnenLs on those sites. ,Idayor Nee inquired of Mr. Glhii.ehlll if he o�ould wis'�� ;he plat approved or d3d,he wish to have the plat returned. Mr. Wtiitehill replied that at this point'he,did not know i�hat to do with it, Mayor Nee explained the City Council co'vld,e,�eept'the plat and if Mr. Whi�;ehill chose not to adopt it, it would beeome void in 90 days but this wou�d give him some time Lo determine whether he'wish,ed this assesement to exist on this. Mayor Nee stated that everybody else"'paye on this foxmula and it was not entirel�� unreasonable that Mr. Whiteh311 ehould pay also. Mayor Nee further staLed the City Counezl cauld have placed �tt�e�'�;B�eese}nent on at the going rate 5 years ago c�nd it would laeve coat abot3t�j;th��;"s,�me qonsidering the interesi, on tt, that the facil�ty was there', Ma'ybr,l�'�ee declared the public hearing onthe fina7. plat of Ade1e lst Addition cloeed,' ' Motion by�6t�enic��n to aecept the fina] plat af Adele lst Additton a�id authorize the Mayor dnd Cl'e,rk to eigr� same. Seconded b,y Broolc. Upon a voice vote, there being no usye��,��t�le,motion earried unanimously. i' � CONSIDERATT�ON'OF' RESOLUTIONo - RE: T. H. I�69�F (FIIVAL PLANS): � ��.� ' Ma:yor Nee announced the item under consider�tion were the resolutions regardin� T. H. �694�,' T}ie,City Manager stated there were three resolution�� one to approve th� conetTUCtioii plans from E. end Missiasippi River Dr. 61+k0 to Main Street Noxtheaet�,anotlier, to'approve construction plans from Main Street Northeast to E; Anoka County�Line'and the i.h3rd would be to approve construction plans on i, , � 53rd'Avenue'NoTtheset from T. H. 47 to T. H. b5. Mr. McCubrey of the Minnesota Stet� Highway Departu�ent was present to answer questions, The Ci1.y Mana�er ex- plained the onXy deviation of the i'inal plans was the f'inal portion �ear the theater in the area. Motiori,by Wolkeito adopt RESOLUTION j�181-1963 approvin�, Constructions Plans S.P. 0285-09 (69�-393)� E. end Mississippi River Br. 6�F40 to Main SL. N. P, Seconded � � � , � � G� by Johonson. Upan o voice vote� there being no nays� the motion carried urtani- , mously. Motion b,y Sheridan to adopi, RESOLUTION ��182-19�3 appr,oYing Construction Plans S. P. 0?_85-03 (694-393), i'rom Main Street, N. E, to E, Anoks Ct7vnty Line. Seconded by Brook. Upon a voice vote, there being no nays� the,,motion earrj.�d, unanimously. �I Motion by Johanson �o adopt R�SOLUTION �183-1963 approv3ng C�bns��uctlon�P],a�s� s. F, 0285-12 (691+-393) on 53rd Avenue N, �. from T. H. ��;7,�'to'' .,�II."��65;',' " �econded by Wolke. Upon a voice vote, there being no nays�`the�'i.nio�ion earried unan-imousl,y. � �� ;��i�,� �,�y�„ �� ' ;�'�'��'I'�� '�� . ,i�, RESOLU'PION APP1i0VCNG AGREPMENT FOR RELOCATION OP iVSP2LITZE5 - T':� $, i��i9�F0, , Mr. McCubrey of the Minneaota Htate Highway Department explsiaed�,to the Ciiy Council he wi,shed Council consideration of this item at the preaent time� that he did h�ve a study copy of the proposed agreement and suggeeted'that the Council autYiorize tliE propex represent�tive to sign the agreemen�' wk�en;,�.,'i, Waa co�lgle�ed. Mayor Si�e inquixed of Mr. MeCubrey who would be moving, �itil�,tl�e;'�e�d� payment i thereof'. Mr. McCubrey replied there would be 100� re3mbvraemen�°'and if the , City Cpuncil could au�horize the execution it would save some �'3me..�The City Manager exp.lained to the City Council a problem had ar3sen thi6�'particular day and further explained there was a piece of inductrial property�;'Cha� has wt�ter and sewer and gas easements ru�nning across the highway� that 3t';'�,e pTOpos�d to move and kioolc up linea. It was explained this piece of proper,'�y, is under;,con- sideration by an industry ior purchase and this would be in ,the��'midetj4oP i�� t�uilding. `Phe Cii,y Manager stated he had talked to the peTaon who is dealin� i'or Lh�s client and they won't reveal who the clYent is but if t}�e lines were relocated he had advised them the property would have to pay., He further,stated i,h1s relocation could be movecl over to Main Street but that something,could be workr,d oub that as it is planned, the rslocatiou would be�moved,.�,�00,��'eet west � and if i.l�e industry is interestad in paying the hill� it�t�oUl$�;nQt'�be right to have it moved 200 feet when ii; �hould be moved over to Main 5tre2,t. C1ty En- gtneer Wure,hl stnted he had tallced with the Si,ate Highway Departme�tt bn this ztem and the,y had agreed. The City Manager stated the reso].ut�o� should be pacsed �ub�evt tn a po�sible chan�e in thie regard� that there would'be ,one � possible reloc�tion and they would work it out between thia�'eve,�ing�and'tk�e � � meetyng of December 2nd. 'Phere was no action taken. ��r�� i '— � ACCEPT4NCI�� OP P1NAI� PLAT - SPRING ]3ROOK PF.RK cND ADI7ITION:� � 7�",j� � — n ,je Mayor Nee amzounced the item �in que�t-ion was the acceptance��of�"'i,the, Pinb.l pla.t` of Spring Brook P,�rk� 2nd Addition. The City Manager e�ep,laine�i�''ito the C,it�y„i, Cqnncil they should note the,y would be approving i�.nal �plet �sttl>��ee�t ,to an"' ' agreement whieh dated back to May anfl the City Council h��d,sui�m�eque�tl�y,a�pproved said agreement. He su�gested the City Council reaffirm their approval of,ithe final plat without a condition on it. Councilman Wolke,inquired,if .tk�e,a�ree- ment was �n ns they had reqncsted it and was told i� was. �" Motion by Wollce �o accepi; the final plat oP Spring Brook Park��2�id� Addition and aul,horize the t�iayor and Clerk to sign same. Seconded by Johanson." Upon a voice vote� i,h�re beinn no nays� the motion carrled iananimousl.y. , , FIRST RI�1I�DINO OP OR➢INANCL' VACATINU SERVICE DRIVL' - SPRING BROOK YAH19 Y1,A'1' �t -- --- -- — — �8�'�,I'i<<',r,.��, � � Mayor Nce snnotinced the item in quFStion for Couna3l corisideTa�loniW�s tYie firs� read2ng ol an ordinance vacatinp, a servlce �irive Zn Spring Br Ok',PSx'k'I'lg'�, z. � The City Manager exp].ained to the City Council there was'e'de�i��;��o be a�die�ted to �he City and it would be available at the second readi�tg,o?;�ii1�he'`�ordina�nce. � I� � � �� MoLion by Sheridan to accept as first reaaing an Ordina�ce� und�,r,�Sec,tiqn 12.07 of the City Ch,�rter to v�cate s treets and alleys and ,to a�pena',�A��pead„i�c,�"C, "of ',�h�e City Code. The Ci�y Manager expla.ine3� in detail� the jarea��d�¢,c�,�,be�1� on map'.'�, . SeQOnded by Brook. Upon a voice vo�e� there 6eing no nay9�,,th��,�ot�,on'°�caTl'ied unanimously. �� ,�� ,� � ' ''' %� �� ., i', BIIILD7N(2 BOARD MEPTING MIlVUTES, NOVPIML3T:R 13, 1963: ��" 'I '�, ,,i� �� --- �rl i',I'�'� � � , ,' l,� Mayor Nee announced the items in que�t3on had been undertaken Ya��,the,B,dildit�g E3oard at theLr mreting on November 13� 1963. ,I' I� ' 13UILDING YliRMST APPLICATION TO BUILD AN ADDITTON TO AN EXTSTIN(3"CHURCH AT 53 MISS. T E�T NQ3THLAST - RrDEBMBER Li1T?ILRAPI CHURCF : I —J I- _ �he City Ma� Lage�r 11}F Boerd'end ,expla��.�} i rr ,'.�r:h a i� : n�,�i�l, Mot1�oT� b�+ '�'��,�jier��d� &PPFoy� ,�C$9�' a�P,�1 �a �.�n" �exi9�Yti�' �,��? Chu�xel��:� ;r6eco,nde�tl carried��unanimous: i i, ',I �ead to the City Council the recommendation of the 13uilding �'d this was to be a Uuilding addition to the existing church. an�to;��oncux �aith the recommendation of the Building Aoard and cati0n and iasuance oP a buildin� permi� to build an add�tion ureh'at�53,Mississippl'Street Northeast - Redeemer LuLheran by Brook. Upon e voice vote� there being no nays� the motion FRPE CHiIRCI[ TO IlUILD A SUNDAY SCHOOf� i�UIt�DING The City Me�nager','r�ad� to the Cit,y Council. �he recommenda�ion oY the Dui].ding Board. Motio'n by Johan'son to concur with the recommendation of the Building Board snd approva the application end issuance of a building permit by Grace Evangelical Free,ChuscH �o bui7.d a Sunday School Ruilding a1. 755 - 73rd Avenue Northeast, Seconded by Wo].ke. Ugnn a voice vote� there be�_ng no nays� the motiott carried unanimously.' � i�; � A PERMIT TO BUII,D ADDITIONAL UNTTB TO TI� �� , � , � Tha�Ci�y Msnager;r'eed��to the City Coune3l.the recommendation of the Ilui]ding Board�, � � � , ��;" � �� i �,�'r, � . Motion by Johanaonl-to concur with the recommendation of the Building 13oard and approve �heyspplication and issuance of e Uuilding permit by Bernard Julkowski for a�itpermit to build additional units to the Shopping Center proposed for:6215 �.nd 62�7 University Avenue Northeast. Seconded by Wolke. Upon a voicei+ro't�Ayi�there bein^ no nays� the motion carriad unanimously. �, � � � �' , , . A PERMIT TO BUILD 11-UNIT APARTMENT IIOiiSPS AT Mr. Trost�'ow�ner� was present and explained the reason the Building Board had tabled the applicat3on was becauae of a problem of lot eplits. The City Manager explained to the City Council this was the same aituation as they had had in Melody M�t�pr where the ownere had aaked fox one unit rether than two unit apartment yliUildings. Councilmen Wolke stated they would rather see the one eleven un3t��'lapartment building. Mayor Plee stated as no member was present from the �u3lding Hoard to epeak for or against this item� their decision should te�h_onordd."� C�uIICilman Wolke sbated thi.s would delay the item two more weeks and it would,IDakB,a big difference in building at this time of' the year� that Mr. Trost ehoUTB,nvt be delayed and as for inspectin� the area� if the buildings were e�eceptaHle''P��o 6htr�oode and the plat wes proper� the permib ehould Ue granted,, , ��li�J ��i ` � , � � Motiori by Wolke'ilt'o approve the �pplieation by Sa-Ken Inc.� ior a permit to build an�l 11 unit,epa��ment buildin� at 5612 and 5640 7th Street Northeast� providln� the�building aas'�s,�aeceptable to the building code and the plat Por area is pro- per. �Seeonfled,�^ib��,7ohanson. Mayor Nee steted he knew nothin� ebout the build- ing but iil�t�ere,,weie��ome good reason to take i� out oi the hands of Lhe Build�.ng Hoard�^�IhB�would be in agreement, Councilman Johaneon explained the Building'B'oar3,kiad tabled the 3tem in order to clarify the zoning flnd A9r. Trost hed proof of'tha�t: Mayor Nee replied they did not have the word of anyone on the Board in thip regard. Councilmen Wolke stai,ed if lot sizes oiere proper and zoning was,propCr� Council should cone3der this permit. Upon a roll call vote, those voting,aye'� Bxook� Wolke� Johaneon. Those opposed� Nee, Sheridan. Motion carried. CoUnCilman Sheridan stated he agreed with the theory that the item .should have waited Yor the opproval of the Bu3�lding Board, Councilman Wolke stated they ahould be putting some facte behind what they were t,rying to do. Mayor Nee explained they did not h�ve the information on tl�e �tcm� only the word of Mr. Trdet. � � II, �' i APPI,ICATION BY 'STEVE HAWRYSH TO BUSLD A 20 ONTT APARTMENT HOUE>E AT 195 P�ftCURY �nv�nr� nrnnrtrtrcnem. � �—` G� L i_ �� „ � � � � . , Mr. FLawr,ysh was present and requested Council action on his plgn which he,presented. Ms�yor Nee inquired of the Coancil if they wished to do bhe•work„of the,Bu3].ding Board. Couneilman Johanson replied he felt this was a dii'iexet��,l;'prOb�em:�,i;'�'Meyor Nee atatecl the item was uot 3.n order, The City Managex' �s�atecl�"u�e`s ��h'��, reealled 'the item the Building Iloard had said if Mr. Hawryeh wiahed to'bririg'the itAm .to ^the Council f)oor� i,hat would be satisfactory, There w�a no act3on"taken on the-item. PT�ANNING COMMISSION MGETING MINUTES� NOVEMBER 14, i963 CONTIIVUPD PURT -1'1, LOT 1 �-'� `�III'' � � � '' � Mayor Nee announced this wos the matter of a coninued public he,ar,ing on a re- zoning from eingle Pamily dwelling to double bungalow i,n Lot l.�v�"Bloek 1� Ju11=' Ann Addition. The City Manager read to the City Council the,ac'�ion taken,by the Pla,nnin� Cotraniscion� and explained the mation for rezoning had, liailed due''to� a tie vot2.. � � � � � ''�� , , CounciZman F7olke retired from t,he councal chair to speak to thA;City Council. Councilman 4Jolke requested the City Council check the map o€ �he',Juli Ann Addition and explained this was �he area where the Minneapoli'9„�Ras<<,Compa�iy had the gas unit or valve station; tha�. near this gr3e unit are two dou�s'le'bu�nga,l.owa and on the corner next to it would be his lot. This lo�� he�explained�,Yaced Llast River Road and is next to Mr, Mike Evanoff's houae 9nd'it'°t1oW has beaome a matter of heing practical, that the areo is quite nlce 8nd ao�are the homes,and rlouble bun�alows near it but there is a traffic problem. He explained that with the traffic problem it would be almost impossible to have�a house fac3ng East River Roed an thi� double bungalow he v�as planning would�].o0k as groqd, as the surround�ng houses and would be an asset to the coa�unity�,rthat the Couneil could eiL-l7cr authorize someth9ng they could economically come o�t on''OT'just;a small house. Councilman Joh�nson st�ted their only problem Wa9,breaking a dead- lock vote of the Planning Commission. Mayor Nee inquired if the,neighbors had been to the public hearing before the planning commissidn. Councilman Wo1ke replied they were at the first meei,ing which he had not attende„d unt11.'late. Counexlman Wo]lce returned to the council floor. �'��' ,� „ � Moi,ion by Johanson to authorize a public hearing be set on the',8ezoning, ZOA. �j63-17, Lot la Block 1, Juli-Ann Addition by Ben Wo1ke from 871rt,(single'family dwelling) to R-2A (double bungalow). Seconded by Brook. 'Upon,''a�;,voice vo$a��, i.here being no nnys, �he mo�3on carrietl with Wo1ke abetaining.;�i�r�, f�'� �`�,, , !� � �� 'q � „ „ , CONTINiJPD PiJNLIL' HEARING: REZONING ZOA {I69-19. DAVID LENNOX:' I'TAAT'PART OF LOTS BF REZUNED FROM R-1 (S�NGL� FAMILY DWELLSNG) TO R-2A �DOUBT�sB�.1N(}ALOWJ;, '�, , � �,�,��,�r� � � ��, �� Mayor Nae anuounced this was the mat�er oP a con�inued publle kiear'1qg on a re- zonin� request Uy David Lennox from sin�le family dwelling to doUble bung&low on Lot� 1 and 2� Block 3� Shafier'a Subdivision �1. The City Mana(�Cr read to the City Council the actiox� taken by the Planning Commission and�eitplained the,motion had iailed due to a tie vote on the rezoning. Council.m8.n'Wolke',m�Cated he,�,had been present at the meeting and felt the rezoning should be granted+' The'ICity Manager s ta ted t,hey would be ob136ated to hold a puhlic �hear�.ng.�� . � � �� Mntion by Sheridan to authorize a public hearin� be se� on�the�,Ir,QZOning ZOA �- p't63-19, David I�ennox� that part o£ Lots 1 anc� 2, B1oek 3� Shaf,fer�6,SubdiViaion �1 l,ying east of the west 90 feet thereof to be rezoned fr,om�8�1(single iamily� dwellang) to R-2/a {double bungalow). Seconded by Johanaon.a'Upon a,VOicetvote� there being no na,ys� the motion carried unanimously. � i'� �"..;,��;h�yP�,��l �` ��,d�'��T i� . k ' ;I��,�� ' � � � � � � CONTINUED PiTBLIC I�ARFNG: Pi�OPOSED PfiELIMINARY PLAT #6�-11zNA2'IONAS, T�'UNDS, �IPTC. � �yJ��„'��,,i,y „ r ��,� The City Niana�er read to the Ci�y Counc3l the recottm�endation��oij;'thP�, Planning�, � Commise�on� and explained if the Council chose to accept thia pxOpoaed prelim- inary plat they could� subject to the stipulataons presented be�'ore ihe Plan- ning Commission be carried out, City Eng3neer Qureshi pr29erite�� pI'atta o£",it�e area to i,he Cit,y Council. Mayor Nee inquired of' Mr. Nagel� Plann'in�.�Cqmmi�9sion �;� �, , � �.� � � i�� 7. ��y�l��, � ^, � I __I ,(.� L r , , �i��, , , : ' p;,�i; � member� i,�,.th'�Sk��greed With the eCreet plen of the area, Mr. Nagel replied that i't did'b$G'r��he`re,would be.two lots that would be red-tagged. Councilman WoJke i'nqUired;0�'�iMi',�� Nagel"if�the area was east oP old Centrel Auenue and wae told it �as..�rr,��, �,,��,1 ;n � � � � � �� i ,,� , ,� Motion by;Wolke to cpncur wi�h the recommendation of the Plannin� CommissLOn and approve the proposed^preliminary plat #63-11, National Funds, ]nc., on Lot 32, Auditor'a Subdj.'vision #129� sub,7ect to the Acquzsition of e dedication oF the West 25 feet �oi' Lot �F� Auditor's Subdiv3sion #108 from Onanda�;a 326 feet South for'stree$ purposes� a temporary turn-around of a minimum 80 feet diameter for the north-south 'atreet on the easterly edge of the plat and acquisition of any utility e�seme ta deemed necessary Uy,the City Lngineering Department and pay- ment of the,neceasary platting� en�ineerin� and escrow fees. Seconded by Brook. Upon a voice vote�'there 6eing no nays� the motion carriefl unanimously. ' �i�', � + ' ,� ��=��y. , SETT1IIdG OF.POLiC2�FOR FUTLiRE PLANNING COMMISSSON MEETINGS: "i The'Oity',ManageT�Fead to tha City Council the plen of the Commission for the sek- ting of policy;�or Yuture Planning Coimuission meetings. Mr. Nagel� member of the Plannin'g Eommisalon� explained to tlie City Council it was understood that if some- th3ng 'speoial'wpvld need to be considered, they would hold a epec3r�l meet3ng. , ; i v; , ; Mot��b{�' by�"IWolk��to concur with the setting of policy for future Planning Commisaion meetin'ge, S'e'qonded by Johanson. Upon a voice vote, there be�ng na na,ys, the motion-carrled'unanimously. . , ,, i' II�; •� ,�, �;�� , � r' � � COMMUNTCAT'�Oft$,��,;I T'� � ; i � ' ',t, �I�ui'��C � DALBERG.BUIP,IIERS, INC'., DAf�BERG TERRACE PLAT: r�,�, . Mayor T�ee''announeed this was a communication from Dalberg Bu�]ders Inc., regr�rd- ing the DslbeTg;Terrace Plat. The City Manager read the communication. Mayor Nee inqulred"iP'Mr. De.lberg had the concurrence of the other property otiiners on the-queet�.oli'Wh0'didn't agree to pay their share and the reason Mr. Dalberg � couldn't collect 1t. Councilman Wolke replied he didn't feel it wes hir. Dalberg's job to collec't�these monies. Councilman Johanson steted he didn't feel the rest- dents in the ares should be �slced to pey for enE;ineering or any other costs, The City Manager ex�lained this was a cese of either Mr. Dalberg would pay the full amount or�'eomeb'ody would have to collect iL. I �� PETITi0N5:' � , , Motion by�Wolk'e�'to�receive Petition #38-,1963 irom �alberg Bui]ders, Inc.� refer ' to the,Ci'�y�'M9nager fox proceeaing and waive the engineerin�r e�croa and park de- ppeit g'e per�'memp 'rece�ved from the Finance Director in the amounte o£ $13fS0.00 and'$�F20.DO ��9pebtively. Seconded by Sheridan. Upon a voice vote� there be- ing no naye�'the4motion carried unanimously. ;, i �� COMMUNICATION3'�: ` . � i d'p„. "„ i ' i � b'RIDLEY BAND:�� "UNIFORMS: Mayor Nee annOtlACed tha item in question was a communication f'rom the F'ridley IIaeid regai'ding �he�ptix'chase of uniforms. The City Menadez' explained to the City Council they Would-iio$'be'setting a precedent and if it could be arr�nged for the purchase oY said unifar,ms on such a small 6udget� it should gossibly be done. Mayor Nee ieta�ed� fer'purpoees of the public present� this wes � proposa] of the Caty Band Ito uae some,Of their overage this yeer for the buying of some uniForms. Motion by Johaqson to grant the request irom the Frtdley Band to purchase unif'orms with monies;remaining in their current budget and paxt of next year's budget. Seconded by,S,heri'dan. Upon a voice vote� there being no nays, the motion carried unantmous�y:, ' „ I„ � E& M DEVELOPNySPIT"COMPAIBY: TRAILER COURT: Mayor Nee anno�aaced the item ��as communication from the firm �f Gleaver, Ta11e, �� and fIerrick� att�rneys flt Z�W� regarding a trailer court permit:I,,Trie City Manager read aloud the comrolmzcation from Mr.,Virgil Herrick�la,ttorney for �& M Develapment Compen,y. Mr. Mike Hafncr� of the firm',of E& M Development Company, stated that sometime px•evious his partner, Ernie Medqen, had.peti- tioned for a trailer court permit ad@ it had been refused. ,'S��rice thie t3me, it was explaine$, Ernie Madsen had died nnd Mr. Hafner Btatet�'.Ihe'had been �„ tryin� to sel] off the properi,y but every time he had a prOSpect� he'wae told the,y woul�in't buy it because they couldn't use �,he highway,dye ato�l4sd 1lmits �t certatin times of the year, Mr. Iiafner further stated Fridley had all the induetria� land it needed fos the next 20 years aceordirig.to�development� , that theq would devela,pr � �11 the industry they could `pu't °�;niithe, town,put�, the ta�c s�tuation had cos� him �112�000.00 in the last rtwo`,y,��ns�'snd 3f ]�e ' � had to wait for another two years� it would be another �Z�2�b0O,=.00 for taxes� � a�sessments and it�terests. Mr. HaPncr explained that �t';�he, preaent,time� there was �'�Q7,000.00 of unpaid assessments due on the propeTty�;" that,it was an impossibility to get indu�try because a truck could no�!gvgn'be''dx'iveri on the roads, that 73rd Avenue is a crosa counbry xood.'�,Mr;; $e��Y.��ated'"�ha� ,u� ,, y� , i � i if he had to, he wou].d have to take the Ci�y of Fridley�I�os�coNrt i�` the matter oP thSs land covld not be settled, tha� he had oold a11�r,eA$3er�'tial lo�ts',he,� had held but could not sell this land beceuse there wae,no ouq'„'to 6e11 it tp. Councilmrin Wolke inqaired of Mayor Nee if the hietory'oP the,'t�equeg,� fori,a, trailer court was available. Mayor Nee replied it had'',been pTOCesg"ed an,d,"' duly re,7ected. City Attorney Smith inquired if there had beeta!';,a pt�blic hear- ing bei'ore the City Council. Councilman Sher3dan repli.efl'"the:�'',�,i'�fytij�Ci,atinC�.1 ;' had merely concurred with the recommendation of the Planning�Go�ie;eion'., Idr,�. Herricic, ai,torney for Mr. H�fner, stated the matter had been tiear$;�t,the, r public hearinC; before the Planning Commission� that the eXitire''City Couneil had received Mr. Madsen's plr�ns before his death and intentiope,abotat thls trailer court� i,hai. he did not �aash to ga into the l�;agalities�taa 'to� the+ zonin� orclinance but �he SuprEme Court had recently rul,ed that��lii's��,pplication has to pertain directly to the health� welfare� etc.�tlf�,��C',C�ShhpUpitq.�i'Ma'., Iierricic stated the reaeons for the Planniqg Commission deriyiri'��this �permit hadn't ret�ined that test. Mr. Herrick further stated the Cttiy'iCounci'le of, both Pdina ai�d St. Louis Park had been overruled,in the same,,�Cype ,D€ s deci- �ion. Mr. Herrick asserted to the City Council that unlesa,there, were valid reasons wkiy this proposed establishment of a trailer poUrt„would,be detx3-� � mental to the community, the ordinance was in violation;of,'the eqtasl pr,otect- ; ion clause, and they would have to have it determined liy the,,;caur,t'�f they.c�� could not talk it over reasona�].y. �"'� i i�� , � � ��, � � ,. � Councilman Sdolke inquired if this item could not be brqught'before,the Planning Commission, that not everybo@,y on the Commission had been aga3n�t�it and neither was everyone on the City Covnail. It was stated it was p�'efeY'i'ed"Corhave the matter brou�;ht before the Council rather than court litigat3on';a5'the Paets ', were available and there was no doubt the property wae e drti�,,on tlie� market and couldn't be sold� even at » loss, and the City Couneil dl'dr,have,;a problem in the zorling plan ae it h�d to be a reasonabla plan and tre`at;;pxoper�y,owners in a rea�onable manner. Meyor Nee announcefl the City Couno,i�j.'li',k�adri't been $if- Picu]t about th9s problem, the� the Couneil had made e,'�coACe'esian �itBt;t�±ao� months previou4 on the asse�sments Por the property. Cbunailman,',J,olianeqn,in- quired if there were not always a certain amount of r3.ek in laiid';epeeulation. Mr, fIerrick si.ated there was but at should not be compounded iP,Cl�g property , had value for some other purpose other tban industry. Counci�Ym�n,Wpl$e ,1n-��, quZred of the City Manager how long it would take before the„CitY"'Gounei'�.�could hold a publ�c hearing on thtis atem. The City Manager repl�ed'�itrlaould,b'69held � �._ on the 16Lh of December. , Motion by �dollce tha'� a publ.LC hearing be set ior December,l6�' �19��3�,Om a-'„tx'ailer couri, permit far E& M llevelopment Cnmpany. Seconded by Sheridans Qqunl3lman Wo1ke informed the C3ty Council he had reques�ed the opinion' o,� the� Ci,t'�I,�Attorney and kie hr�d stated if �& M �evelopment Company wished'a��publie�l�he��ri�y,�'�a�t�l„ I ehould be held. City Attornay Smith stated he felt ��it ��vas;i7roBOrt�ii�r��tha,tr any- �ime qomeone wanted a ehan�e th�it due process required,that��ey�rbEi give'i}, �n �� opportuna t,y ior a hearing, that the item had a hearing� befOk'¢'thC�,P�Anning,Com- mission bu� ii� �vasn't bePore the City Counc2l and he p�eBVme3l �tha�'��;if ;,t�hia,q woul� ever get lnto a court that all factors be properly aira�,�•and',any property owner had a ri ght tn have a public heaxing and a r3ghC' to ,t�e '1�'eaxd,` ' kSt;:;�,Sierx'iek s�,nted they were not adverse to anothEr publtc hearigg' bu$��t1ie��ei'�'oTt on��'this i,railer court liad been st.nr�ed �ho pae� June. Nlayor Nee eX��,e�i�edf�it�ws� a kr�own fac I, the City Cauncil could not ¢et on �he i�em� �w��hopt��^�, �ablia ��l�earing. City flt,torney �mith explained the Cit� Councll had mere�y apprpve8',the Planning Commis�ion report previously and 1f they were going to r�cons,ider„the'it�m� they ��';�� iV,i,k �',� � `' , � � � i �.. r� r 3 ,' ;,, ��'i �,�'��° ', � I'� r �' � wou],d necesearl�,��,y,�%ave to send it back to the Planning Commission or have a p'Gb1�ic hebrin��,��,�i��ore"the �City Counc�l ae the motion hed been mode. iJpon a voice N,,,,, vote'j",theiCe��'l�e'ing'nd'�ine,ye; the mot3on carried unanimously. , i I; �� FRED�,VYE:' F�II,iL;CNG S�TATION: � i� �,_ �,,� ,,, , Maypr Nee announced the City Council had before them a request for an �pproval to remodeY an existing filling station locat�d r�t 370g Marahall Avenue Northeast. The City ManageY explained this was the remadeling of an existing structure, Mr. — Fred'�,'Vye wae pr�eept and explained to the City Council the installHtion proposed was,�n the"ferided in area beh2nd the liquor stox•e and there would be no entrance ox exlt on'the�Eaet River Road. He further explained the purpose of the instal]a- tion',is to,take,Care,of trucks and the people who would use it were tt�e industrial people 1'n'the QxEa-and they were using the existing facilities. Mr. Vye stated he anticipated;,that 90� or more of h1s business would be trucks and they would come in off,of j7th Avenue� further� that the m�intenance of the street is taken care,of by�the''„„Water Works Department of Minneapolis, Mayor Nee stated the City Council couldjr,'eceive �he request and Mr. Vye could process this through the Bvil'ding�In�pe��l'bor. ,Mr, Vye replied he had not been certain juet whet the rulee would b��ee�i��;ii�e to be e filling Btation as such and a� the same ti�ne, it should be subje'"c� to,'the dnspectton of the Fire Marehall ond other authoritles. � i � °� � �14�i,' Motion by'Shexidan to receive the communication from Mr. Fred Vye and place on file: Sec�pndec�,��by Wo1ke. Upon a vo3ce vo�e, there being no naya, Lhe motion carr,i'ed u�ariimque'ly: ' r ��tih�' 'I , MIlVNEAPOZIS,STAR: CARRIER STATION: Mayor Nee annout�ced the communication was a request from the Minneapolls utr�x and TFibune Company to erect a small carrier distribution station on property owned by.the Standard'?,Oil' Company at the corner of 6490 University Avenue Northeast. The City Managez' 9tated the reason thie item had come to the Council in this man- ner was that thBy w�re talking abbut using s piece of 64 1�2 Way and he hadn't -, beets cextain i�',it wae 6eing vacated and Mr. Payne of the Star was referred to the En�3neering,,Department. It had been decided to use Standard Oil property and he expZairi�d the City Council should make a decision on t;his. � �� ' �' Motion�by Wo7.ke"��'to approve the temporas'q structure on Standard Oil property 1a- cated at 6�F�O Univeraity Avenue Northeast and that the permit will be subject to revoCation at,jany time it becomes disorderly. A representative f'rom the Minnee- polis Star'was�psegent to explain the proposed building and the locat�ons of the newspaper del�.'�eries to newsboy�. He s�ated that, at all times, wYien this station was open� �they"'wpuld have a person hired by the Minneapolis Star present to super- vise the e'arrie�s., Seconded by Sheridan. Upon a voice vote� thes•e being no nays, the 'mot'ion'carxied unanimously. �, � VI9ITORS:'," '. , ,,i � t �� '��' '�,��;�.r Councilma',n Sher,�.dan suggested it would 6e well, at this time, to have the City Mana�ger �,'ntroduce'the newly appointed city engineer as some reeldents might think he wes a VisitoF. The C3ty Manager introduced to the audience City Lngineer M. Nasim Qureshi� the newlq appolnted City Enganeer and �nnounced he z�ould be a United Stated citizen within one week. Mr. Chaxl'es E. 7$Ohanson was present as a member of the North Suburhan Ifospit�el District nnd stated he had 6een asked by the N5HD to present a reeoluLzon which would suthorize�trhe release from the Hospital District the City of Columbia � Heights s�d�Clrcle Pines who had both requested that they be detached from the dist�ict. 'Mr.,'JOhanson expleaned it was the understending of the Hospita.l Bo�rd that these re'soluti0ne require approval included within the iiospital District for them to hecome BiPec�ive, that the Hospital Bo�rd had also taken action to reduce their budget from ��0�200.00 to $20�000.00 in order that the mill rate would not be inereaaed asi,i"a xe�t�].t of,the detachment. Ma,yor Nee announced the proposal was that the City Coudcil authorize the detachment of Circle Pines and Columbia Heights irom the North Suburhan Hospii;al District. Mx•. Johanson expla�ned, upon ques- tioning� tha Hospital Board could not keep these suburbs in i;he dis�rict as it would serve no purpqse, ile further explained the suburbs had askerl to be re- leased Yollowing 8 months of hard work by the Poard and almost having a hospital and�it wsa th� �eel�,ng of the Board that it was satisfactory to allow these sub- urba'to be released. �u xFSOZ,uTtoiv ¢�] �4-i963 A AND `I'HE VILT�GF� OF CIR � OF Tf�'CS'i'7C OF CC HEIGHTS T:, Motion by Johanson to adopt RESOLUTZON �¢1�4-1963 au�horizitlg,and coaYirming the detachment of the City of Columbia Heights and the Village bf Circle Pines,from the North t�uhurban Hospital Di�trict. Seconded by Sheridan.', ,UpOn a rol� call vote� 6�ose voting aye� Nee� Wolke� iheridan� Johanson� Brook;� "4Those voting' nay� None. Motion carried vn�nimously. � ��" �,''�; , � �il,�� ' ' ' � ' Meyor Nee stated he wished to make public �pology to Mr. J'qhanson regarding the mill levy of t,he North Suburban Hosp3tal District as compated'r,to'"�the'mill levy oi' i,he North ti�uburb�n Sanitary Sewer Diatriet.. �� '�I�"'�' ," , �� 4� � � � � � � CLAIMS : �`I �'' i � � �y ' �i `,",� ��i, � � 68 Motion by Sohanson 1,o approve payment of General Claims� �13i2�;�f�hr,ougti' #1�+ . Se.conded by Preook. Upon a voice vote� there being no'riayey,the motion carried un�nimou�ly.' � �'`�"10� "` �� , , � I ,h, � Motion by Brmok to approve paymeni, o£ Liquor Claime �5802 throu�gki� #,5865.0� '3e- conded b,y Sl�ex•idan. ITpon � vaice vote� there being no nays� the mOtion aarried unan3mous]y. � �'',�'�i` "'` ' � , �� ,,, , i Moi;ion by Johan�on to npprove payment of Public Utilitiee.Claima'#2g31.'through �f2949. fJeroncled by IIrook. Upon❑ voice vui,e, there beit�g no riaye� the motion r.arried un�nlmour+ly. � � F:iTIMA'S'L�:i : � Motion by S1�er�d�n to approve the following estimate in Comsi,ock and D»vis, Inc. Consultin�; Engineers 14�+6 County Road "J" Minneapolis, Minnesota �sL-imate #11 Esl,imatie # 4 �stimate �� 2 L,stimate �f 13 �� , the;`�amount��oi $663.,75: � � � �� i 55�+3� � '`' i' �' ' W�ter Improvement Pro�ect No. 34-R �^' ��5�+•5� f� , , Sanitary Sewer and Water Imprbvement ' i � Project No. 63 '$182.25 '� �� , �� i� i � � � t' Si,orm Sewer Tmprovemen� Projee� No.'��4',, $�13.50 � ; , _, � �� ,��, ,: r� 5anitary Sewer and Water Impxovemerilt • Project No. 5S - � �I $�1�,�:JO �� oTaL "'. ' $563•75 Seconded by dohanson. Upon a voice vote� �here being no nays� �he motioh�� carried unaniniously. , LICENS�S: Motion by Wolke to approve the following liccnses: G�NERnL CONTRACTOR ` Lynwood Manor� Inc. 5505 Interl�chen Blvd. Edina, Minne�ota by: Wallace B. Kenneth Village Builders 3900 - 3�th Avenue North Minneapol�s 2?_, Minnesota PLASTFRING Ben Ruffenach Plastering Co. 3611 York Avenue North RoUbinsdale, Minnesota by: Edwin E. Kauiiyoann' by: Ben Ruffenach I _J J �, i I, .p � � o, �i �7,'�� - � . „ - Ki , , �i�.�� , , ii� i �_� � �� ' „ ; r�w, ' � � � � „ I' �, ` NEW � , 6' � . I � ', �u j, �i � NEW �, I _.:��d "'� ,'i � � ',`� '�,� '• �', I � � � � Seconded��Iby Jo �han�on. Upon� a voice vote� there being no nays, i.he motiion carried unanitnously.��'if,,' ' , „' � •, , , CONSIDERATION��OF PURCIiASE OF PROPERTY: � ��,� Mayor�Ne��s'nnowinced�the item in question was the consideration o� the purchase of add4ti0nal'�,e�,'�� pTOperty. The City Manager stated Mr. W. Oman was present and had',brought',w�'th kjim�an appraisal of his home and property which was approximately $19�.00 lesar��V�leAithe appraisal the City of Fridley had made� that he had stated he tiiould�sell,��,�He property and would vacete it by Janue3ry lst for the sum of $25�OOO.QO. He flirther stated the City Council had the considerstion for a lease in th'e Bq'si'nee�` and Fz'ofessional Building and � proposal to rent the M�dsen Build- iug',next doo,7r°,��or�$65o.00 or �700.00,p�r, month, depending on space. l�e explained to the Ci�,y� �q,1�}ACiI that if the Oman property were purchased� it could be adapted �o'the 13�irar�yilFOr'�any��additional oifiee epace the City would need and it could be �aid�for,dt�t of reAtal monies. The City Manager sta�d he had not been inside �he ihouse', andi�,�iad not �talked �o the County Librarian bu ,�appeared to him t,here would be enougki apaceion the m�in floor for that. Councilm�n Wolke inquired what the,dif£exence'i��vould be between when Mr. Oman would propose to vacate Lhe houee at �25�000.00 arid�lwss told January let at �25,000.00 and if the City uas interested at $22�000.00"j��, it would be after June lst. Councilman Wolke replled that would be pretty expezieive rental. Mr. Oman stated if he used hls existing shop over the',winteT' he;"aould make'about $3�000.00 or �iiF,000.00. Councilman Wolke inquired di' Mr.� Oman �W�1'8t�he �ould�think abou� using the shop until the first of June oncl se111ng hie horoe�ior �22�000.00. ASr. Ofian replied if he were goin�? to move� it would be:foP„',$'�'��'000,.00. City Attorney Smith inquired 3f the title on the garage owned hy MY�,.IOman was cleer or in the name of r� corporation. Mr. Omr�n replied it, belongEd to' hi's'��land. . . � . CoqTlcilman JohaJpe'On requeated the City Manager give the Citiy Council a recommend- ation on the p�operty hy the next meeting. The C�ty Manager informed Mr. Oman, with his''perm3s'sion� he wauld wi�h to inspect the house with the County Librarian and� if neees"saxy� the,City Council could act on this at a special meeting. � � d,� Motion by Johanson to authorize the City Managex• to rei,urn to the City Council a recommendation' on the'Alternatives of purchase oF properties. Seconded by Sheridan. Upop'a voice'vo�e� �here being no nays� the motion c+�rried un��nimousl��. � � �I �� CONSTDERATION OF MUTUAL AID AGREEMENT: Mayor,Nee'snnounced the item under consideration was the agreement on t,tie North Suburban Mutusl'A1d Aasociation. Motion by Johatleon, tp enter into the North Subiax•ban Nfutual Aid Assoc �ation Agree- ment and eXecu�e &ame. Seconded by Broolc. Upon a voice votea there being no nays„ tha', fpo��'btt, carried,unanimoue7�y. � , � �� ;uk' � �� , , CONSIDERATTON OF STREET LIGHTING PROGRAM• Mayor Ne�,;anApunced the item under consideration was the street li�YiLln� program £02 the'�ptqitlg�'�ear. A diseusszon perjod was held re�;arding the luc�jtlon of �treet lighte r�garding the,certain areas on Stinson Boulevard� Rice Crecic Road and 61st Avenue atid on Mi'eaisaipp3 Street hetween old Central �nd Arthur Street. Ther•e was ho aC'�ibn'n�cessary and no act�on taken on the item. R�CREATIQ�I COMMISSION MEETINC MINiPI'�S, OCTOBER f), 19G3: Mayor Nee annouriced the item in�question wns the receivin� of the minutes of ttie Recreatiori Coffinission held October 8� 1�F3. Notion by Johaneon to receive the minutes ber 8� 1963. Seconded by Brook. Upon a motipn carried unanimously. ol the Recreation L"orrm�lss�on held Octo- voice vote� there betng no nuys, the F�tTTJLEY SAFE`1'Y��COMNSI'1TEE MEETING MTNUTES, Pi0VEM43P�P, 13, 1963: G� ;, II' ry, Mayor Nee �rmotmced the item in question �aas the Fridley,�Safe��y,��Co�itte�', Meeting Minutes of November 13, 1963. The City Manager,�'e�eted�,'there wae�'one i6em LUat iar�s recotrimended to the Cii,y Council for their con9ldeTakiom btat there could be a recommendai;tiori from the City �ttorney and have �helitem preseni,ed to {,he Plnnning Commission. M�yor Nee suggegted,iCetns;ih'queation lrom the committee he reierred to the P1�nning Commias,ioti,.� s�jdd;�,,' ��^ �:��I, �� ;�� ,� (� , �„��,, , Moinon by Drook to receSv� �he manu�ee o�' the Fridley S'a�'ety��d'ommi�ttee'o�� ; November 13, 1963 and cal], attentlon to the Planning Commis��.'oi�',the��;recnm=�� mendai,ion oi' the SaFety Committee nf making the chsirman�of "the �afety Gnm- mittee a membcr oP the Yl.anning Commission. Seconded by,,.�oh�nI��On.�jUptln.a ' voica vote, there being no nays� the mo�ion carried unahimoUely,'"y; �t' � � , � ,�},,� f ',ij��'„ � „ ��'6 ��lii;'�� ;;p �„ � ItESOLUTION �j185 - 1963 R�LEASING M. S. A. PUIQDS: �� "� I�', �, „ � �� .��N��„ I,'�,�" Motion by dohanson to adopt RESOLVPSON �185-1963 authori�ing"+�}�B�use`ox r,eleose of Minnesota State Aid I'unds for payment of aities eXpenae d,ttj��'eg&rd '�o "$sunk hig,hway� �691E nnd �L17 drainagc. Beconded by Brook. UpoY� �'„�',Vdi�oeluo'tey �hexe being no n;�ys� the motion carried unanimou�ly. I p;';` ��i ,i�, ' �i;G , � OTHFR BII,�i7NE�3: � , � �I�j� J�, RESOLUTION 8f_1 I Z �� „ � � � �, I';;'9 � ; I�1 9�3 AUTfORI ING THE EXPsCVPCON OF CONTRAC� BE?CWEEN � CSTYrOF � . , ��,;� � �- , CiLy Attorney ;mith announced l�e ciisYied to presen� a�esolu'�iOn��ffor''¢ounoil � considei•aLion. He explained i,his iaas an o�reement between the';City'of �Fridley and the 73oard of Water Commissaonera of the City of St. Paul;9��d had to do with i,he jotinl, use of' their easemeni, c.lon� OsUorne Road. He Purthe`��Xplained Mr. Knui.son Prom tlie consulting en�ineeriug �irm of Coms�ock'�and,I�aWie�,�Ino.,?',and hlmself had met Lwice at St. Pt�u1 and had made a number oi' recOmmendationp,to � proposal m�de laet spring, tLat a number oP changes haci„beenhl'Pr,eaentAd' '�p �Si Pau1 and t]iey hr�d eccepted most of them and the a�reemerit"had��j�ee�n,'��redTai'ted. C�ty I1i,torney Smith explained thzvt� basically,�i the agreeme�nt�W�s, a�,Dne� wa�y 3n- s�rumenb and the City oi k'ridley had permiseion to Uae �;�th� P�ae��men`�',with� a�� iven notice ai7�] return it to its ori�inal sta�e and ay16W �;t,,�,+,lgaUl tb;�i�tspeot it. IIe Surther explained that previously 3t had been'impos�9ik}1�e� tO,lge� �apy�,�' ati�swers from 6he St. Paul Water bepartment but in thia��ee2tleYi��they d3d have a provision thaL when Citiy oi F'ridle,y engineers submit a pl�an�4'j.t'he�s to be acted upon in 60 d�ys. The ogreement �lso provides the, Cit'y'��q�'�IF;,idley�;'�o: gain i,ii,le by emiizent dom�in. Cii.y Attorney Smith stated thi5', wea',`SOmething; �he for- roer City llLtorn�y h�d been worY,in� on � long time an$ the S't-.,�;�?aul�Water�,Works were �nxious Lo „et it approved. City A�tornPy Smi�h pr6sen�ed��'6';''reeolu��tln aui,hori zlnq 1,he Mayor and Mana�;er Lo execute i,he a�*reemerit. �, i Mot,ion by 'v]olL;e ko adopt RESOLU`PION �186-1963 �uthor3z3n�*� the exeaution of the contr��rt 1�cLaeen the Cit,y of F'r�dley �nd 1,he Soard oF Wgter CODUnissioners; o£ 6he Cit,y of St, Patal. Seconded b,y Sheridan. Upon a vo3ce Vo$c} there being no n:�ys� tl�e mot�on carried w�;nimously. �, � Mayor Nce stated tha� he and Counc�lmen Sheridan ha�3 me�t,�wi,th'��the Boerd�o£ i,he North Suburban Sr�nitr�ry Se��er Dietrir.t twice in the pastiweek and",their pqr- pose har� be�n tsao-fol�� one to f2cilitate the proceefling of detachment and ttie o��her w�� to offer the con�Zderation ol alternativee. ,He'e,i(plai,�ted they had no�, ac yet, eet a d�te on �he public hearing but�had',irivi%ed;the Cit�y„ Council of Fx•idley to make �nother proposal and expresse��i �tlae�.s`��wi,�l3ngness ,� {;o explore some other arxan�;ement. Councilman Sheridan eta;t,ec�'i!the''actio� that the Y,oard took on the past '1'uesdn,y nigh� was to awaxd �He ,Cqt1��Yec,t�'pn the sewer and receive the pe�ition from Fridley to detach� 3n 'Ghe��'dxc��°�i;��,'hIa'�os N�e�,� � stated the,y ha�l an agreemen�, from tne Doard to execUte the',cd,�t�'a�t,arid pos- sibly to recone�ider and furt72cr stat,ed he had expressec3`�hitoeelll'�;'t',t�,,,tkie' b',o�rd� saying he would not waaY, to negottia�e on other qaestibzie�,u�lti�5.''��it;'�,eV'er'si�d'�L- self and the board had �aid iY they were to do 'thie th�e�y'�iwpilltl��i,�t�i11 wat�$ to 1et {,he contract within 45 days. Mayor Nee stated he �f�7,t'iti,�`w,8a�,�r��'�thwhile to make a comi6er proposal but didn't know exactly what�i��,sh;o131d 1��.` ."di '� � i � �� „'� �,i� ` � i Counci7m�n Sheridan ei,ated that in view oi M3yor Nee's'Y',epoTt��h'e had ,att�Y�ded a meetic�g with the attorneys oF the different municipal:3t,i,ge,�a�t,rying��to„�wprk out the contr�ct and has atternpted to in,7ect the counc32xA�i�3d��;�'.`i�1��abed�, �� I�� I � i, i'� , � � �+ , � i �,' �� _� (I _J , � _� �e � � ''�� '. tha'�' they�hed,'„Watited to execute the same contract, w3th a].7 nnuzicipalitiee and he hsd told them that as far as his beliel was, the Councll of F'ridle,y would not execute the contract they were proposing. Councilman Sheridan sbatcd that alon� these l�.nes he'wj,shed to m�ke a motion, Motion by„5heridan to authorize City A�torney Smtth to re�ain the services oi Charlea�HoWard to research and to seaxch and prepare and evaluate the North Suburban Sanitary Sewer Distr3et Statute with reference to the possibility for detachment �'rom the N.S,S.S.D. Councilman Sheridan stated he felt this was necess- �- ary eo thet iit, Fridley does take legs]. action� they would kno�a c�Yi�t Lo do� that he had briefly�,discusaed this problem with City Attorney Smith as h�d Mayor Nee Iand,it wae agxeed to authorize and retain tihe services of Charlee IIoUiard for the purposea of evaluating the N.S.S.S.D. Statute� i,hat there w¢s a real question zn thei,r minde regarding bhe district os far as the statutes were concerned. Coun- cilman W'olke stated'this could all be�,t�at the Council of Pridley h-�s a real obligation to�the City of Fridley not just to detach For i,he ,sake of detachment but should take a look into the growth oF the community s� the final decision would be a'„very reeponsible one. Councilman Wollce stated there vere other ave- nues to;explore',with even the N.S.S,S.D, as far as contractur,31 services, etc., and the C1t'y'Council was morally obligsted to go into this a little Further be- cause Fr3d1'ey has no plans whai.soever to replace this method of se,iering the C�ty. Mayor Nee stated this would get all avenues ready if they should be needed. Coun- cilman Wolke aseerted that he felt the moi,ion zL the last meetinr �ias hasty. Motion seconded by Johanson. Nl�yor Nee st�ted that whether the Counetl would use the evaluation'or not� it would be taell to be prepared £or its use. Ctty Attorney Sm3th exp7a3ned there were two reasone why he i'elt this was important and kie Fias in agreement with Councilman Wolke that every opportunity should be explored to find some solution that would be satisfactory to all of the Cuuncil members ond it was.a posslbility thet this could happen. City Ai,torney SmLth si,ated he fel{. there was"� po5sib�lity that this could happen nnd it �aas important to Fridley to fortify its legal position in view of the actlon they had telcen at thc previous meeting. He t'ttrther stated he had previously �sked Cherles Howard if he had any conflicts'in this matter and he had eaid he did not and could do it, further, thst Charles Howard hed been the bond a,ttorney for the City of b'ridley since its I- incorporation., City Attorney Smith expl�ined the second reason thzs wus important was that it se'emed to him they could �et into a court snarl and i.tiat it would be � neceseary to have someone else associnted wlth him in hendling the matter bec�u�e he was'in a posit3on where he had two associates who ��ere in Blaine and Coon Rapids� aamely� and they might be in a position to be at cross purpose� for }ah3t action the City of Fridley might take� that there might be son�e criticism Uecause of his business xelationship. It was explained the Council mighi, not have to proceed any further than to have Mr. I3o�aard become famili�r with the problem. Councilman Wolke atated �te was not in disagreement with the motion� that wl�at he was referr- ing to wao that Fridley should not ask for �ithdrawal from the dietrict. MaSror Nee replled thie would give them an opportunity to explore other methods ,�nd they wouldn t be cut off� that in the light of the way it was be�ng handled, i,he N.S. S.S.D. was not'listening to Fridley. Counc�lm�n Sheridan stated the N.S.S.S.D. did not have n signed contract with any commun�ties. Upon a voice vote� the motion by Sheridan to, aUthorize City Attorney Smith to retain the serv�ces of' Charles Howard to'research and to search and prepare the evaluation of the PI.S.S.S.D. Statute� there'.being no nays� k�as passed unanimously. Councilman Sheridan stated th�t in line zrith Councilm�n Wolke's thinl:in� ]iz t�ould propose thet � committee be appointed to develop counter-proposals to the N.S.S. S,D, reviewing the #'acts of �,he future development of Pridley, gtc., but having the interest 'of Fridley in mind; that in this proposal to the N.S.S.S.D.� he tizould sudgest ihe committee consist of the City M�nager� City En�ine�r, Mr. I;. V. Com- stock oF Comstbck and Davis� inc.� and Mr. Robee�t Minder of Subuxb�n Engineeting bho prepared n report for the City of Fridley which tliey x•eceived �n August and, that� of this committee� Mr. Comstock nnd D1r. Minder be paid for Lhelr particz- pation in it. Councilman Sheridan further stated this committee r_ou]d bxing out some of the,real facts that probably some of the members of th� Couneil have Uuec;scd on and are'people that are well qualified 1,o bring this �ibout. Motion by Sherddan to appoinL- �a coirm�ittee to develop caunter-propo.-als t,o t,he N.S.S.S.D, to review the facts of the future development of Fridley, etc., but having the inierest of Fridley in mind� that i,his committee consist ot the Clty Maneger� City'Engineer� Mr. P. V. Com3tock of Comstock and Davis� Inc., and bir. Robert Minder of Suburban Ent;ineering and of thio committee, Mr. Comctor,k �nd Mr, Minder be pa3d'for their particip�tion in ii,. Seconded by Johan�on. Councilman �y��i Wolke stal,ed iL �aac his feeling the Cit,y Council should be the ones tMat should be sitting down anQ listening instead of a Commattee. Councilman Sheridan re- plied tIiie committee could gather the iacte together and the'City Council ' would evnluate them. Ma,yor Nee stated that in talking this over with'Mr,' Minder, he 1,hou�ht they should not sign the contract but d3dn't feel they should Faith�raw from the meeting. , , . Mayor ldee su��;ested to the City Council this committee be formed ant� iP a �;ood propoe,il were arrived at with everyone's b�st interests,,,they could con- sider iL, Councllman Wolke suggested that perhaps they should requcst that the N.S.S.;;.D. withho7d t}ze ti�ithdrac,�Al until Fridley hae this;eh9nce to eval- uai,e i,his propoeal. Ma;yor Nee stated it would have to be done'within thirty days or they iiould �o ahead with the contract and the N.9.S.S.D, had agreed to kiold tl�is tmttl the end of the contract and the request for withdrawal had been re£errcd to the �sttorney for the N.S.S.S.D., Mr. Andy Kohlan: City Attorn�y Smith explaaned that a tiate is set in the petition for Fridley and ,that the withdrawal hae legal value, as �tated, but it doesn't prevent negotiation to talte plece. Councilm�n S1leridan inquirc=,d if Lhc motion should be amended to ina7,ude that {,he proposal siiould be drawn within th3rty days. Motion by'Sheriidan to amend original motion to include that the proposal shall be draWn Within thirty days. Seconded by JoYianson. Upon a voice vote, t,here being no nays� the'[potion carried unan2muu;:ly. � ,� P�r. Les Y.nutson of the consulting eugineering Pirm of Comstock and,DavZS� Inc.� ,i,ated l�e cai�hed to present a mat,ter that had been called to their attention this da,y by llarrcll Clark, engineering assistant at Fr3dley� and it wae�a pro- posel �;o :?dd some additional construotion to Water and Sewer ImprAVement #61 which zs under cnntract and beinP cohstruct,ed. It was mehtioned,tllere is ari old plat th:�t h�s not been �ecepted by the city et thie time.' � . Alotion by Johanson to approve Cliange Order #i-i963 aubject to the approval of the Cii,,y Mnnagor when it is presenl.ed. Seconded by Sheridan. Upon a voice vote� i,here Ueinf; no na,ys� the motion carried unanimously. � � „ . The Cii,y Mnnoger ctated he wished to acquaint the City Council th�t a Notice of Plec6ion Contest had been served on the City Clerk� the-con�sst teing bei.ween Elmer Johnson anc9 Iloward Crabtree. City Attorney Smith ekplaine'd this was a ,7u�ic�a1 proceed�n� and required no action by the City Council'., i ADJOiIRNMENT • �'� �'� � There being no further busine�s� Mayor Nee declared Lhe meeting adjburned. $e.pectfully Submztted; � . , , � ,% ? , ��%, •0�. ( Y.�� //"Gt"�z,�-�f?- uV I�dAn�. " , �e tdl�lcowtc MAYDR - W J�. Nee Secretary to tYie Council � �, . � i , SPEC]AI. COUNCIL MC�TING - WEDNESDAY� NOVEMBER 27� 1963 _'7:30 P;M. A Speci,�l Mect�ng oi' the City Council oi the City oi Fr3dley was,eal,led to order Uy Mayor IVee et 7:50 P.M. ROLL CALL: Member� PreecnL; Nee� Members AUcent: 4dolke Sheridan, Johanson, Brook arrieved a,t 8,:15 P.b1• � _ _�