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12/02/1963 - 00022996� � � 'Phe City Manager stated he had contacted Mr. Charles Howard� attorney� and he had felt there was no necassity but that there was nothing wrong with calling a hear3ng. He had stated there was nothing in the statute that provided for the City of Fridley to iorce the district to call a hearing on their request and the action the Council could take would be to reaffirm the hearing by resolution and subsequently to the hearing, reaffirm the peti�tion for detach- ment. The Resolution� it was eaplained, should be, not an indication they are abandoning the f3rst resolution� but are only passing it on the legal opinion just because of that. City Ai;torney Smith explained the City of Fridley did not have to conduct a hearing. M§yor Nee sta+ed that unless they would argue that, the City Council should hold a hearing� they would justify the resolution and petition that Fridley had sent to the Board. He iurther stated that he felt the counter- arguement would be that Fridley would� in the sense af the ballot previously cast� condUCt a hearing� that the hearing should be undertaken and this could be the hearing for the City of Fridley�*or Nee annonnced he had asked for a reconsideration of the contract award with the Board of the NSSSA and they had stalled it and reces�ed the meeting until the 10th of December. Mr. Joyner had said if the motion were killed, the contraetor would either be released or have action against the district for the award and than the cancelling of same. Mayor Nee explained the award had actually not been signed at the NSSSD meeting and he had stated he didn't want the meeting closed without the Board of the NSSSD having this put to a vote, so they had recessed the meeting, The City Manager stated that in his conversation with Mr. Charles Howard� he had sa3d they should hold the meeting because the people c�ho are there ve�y likely would add that much more pressure to the adv3sory vote. Councilman Sheridan stated that his impression was from City Attorney Smith's comments, the City of Fridley could have passed a resolution to have Fridley withdrawn from and or they could draw a resolution asking that any other community or anyone kre detached from it. Mayor Nee stated the problem at hand was whether the City Council would want to argue with the stall or act on thas problem again, and City Attorney Smith or Mr. Howard could decide what the correct responsible thing could be. City Attorney Sm3th stated he would prepare a resolution giv- ing the necessity and ratiiication and suggested the City Council could refer this item to him to prepare the neceasary resolution. Motion by Sheridan to refer to City Attorney Smith for the drawing of the proper resolution the necessity and ratification of the consideration of the North Suburban Sanitary Sewer District Withdrawal Petitions and place same on agenda for the 2nd of December, 1963. Seconded by Srook. Upon a voice vote, there heing no nays� the motion carried unanimously. ADJOURId: There being no further business, Mayor Nee declared the second special council �eeting of November 27� 1963 adjourned. Respectfully Submitted � :� y�rC.t_(�� ; �,�:yii/k=/fi�i 8ue Miskowic Secretary to the Council REGLTLAR COUPICIL MEETING - DECEMBER 2� 1963 �f' ='�'W�Fi�f��.= \ '(�y'��i�="s- R Wm. J. Nee / //' 4/ A regular meeting of the Council of theCity of Fridley was called to order by Mayor Nee at 8:15 P. �• � `--� � e �' �, �i�; ROLL CALL: Members Presemt: Nee, Wolke, Johanson� Brook arrived at $:23 P, M. Members Absent: Sheridan Mayor Nee announced that prior to the consideration of any business the Caty Council would note the installation of a new Special Judge, Virgil Iierrick. The City Clerk explained the term oi' Special Judge begins at a different time than the newly eleeted eouneilmen� on the first Monday following the month of the eleetion. Mr. Virgil Herriek� was sworn in as Special Judge and wss duly certified by the City Clerk. APPROVAL OF MINUTL+S - REGULAR MEETING� NOVENIDER 18� 1963: Motion by Johanson to approve the minutes of the Regular Meeting of November 18� 1963 as prepared and reae3ved. Seconded by Wolke, ilpon a voice vote� there being no nays, the motion carried unanimously. APPROVAL OF MINUTES - S1'ECIAL MEETING� NOVEMBER 27� 1963: Motion by Johanson to approve the minutes of the Special Meeting oi November 27� 1963 as prepared and received. ueconded by Wolke. Upon a voice vote� there being no nay$, the motion carried unanimously. APPROVAL OF MINUTES - SECOND SPECIAL MEETING, NOVENIDER 27, i963: Motion by Wolke to approve the minutes of the Second Speeial Meeting of November 27, 1963 as prepared and received, Seconded by Johanson. Upon a voice vote� there being no nays� the motion carried unanimously. OSSI BUSIlVESS: CONTINUED PUBLIC HEARING - FINAL PLAT - MARKEX ADDITION (C�ftTINiIED FROM Mayor Nee announced the item to be considered was a continued public hear- ing of the final plat of the Markey Addition and there had been a request from Councilman Sheridan� who was not able to be present� to table the public hearang. Motion by Johanson to further continue the pnblie hearing on the final plat of the Marke� Addition to the next regalar meeting of the City Council on the 16th of Decemher, 1963. Seconded by Wolke. Upon a voice vote, there being no nays, the motion carried unanimously. Councilman Brook arrivedat 8:23 P. M. SP�OND READTNG OF ORDINANCE VACATTNG SERVICE DRIVE - SPRING BROOK PARK PLAT 2: Mayor Nee announced the consideration of the second reading oi an ordinance vacating a service drive in Spring Brook Park Plat 2 and requested an identi- ficat3on and explanation of the service drive from the City Manager. The City Manager identified the area for the City Council and explained the deeds for the property had not been filed in the of�ice of the City Clerk as yet. Mr. Rasmussen� owner of the p1at� was present and reqvested that proposed vacations be made and entered as easements. 'I'he City Manager explained Mr. Rasmussen wanted to call the item an easement inEtead of a vacated alley. Mayor Nee inquired if the final plat of Spring Brook Park Plat 2 had been approved and was told it had. Mr. Rasmuseen stated he wished this approved so he could make it an easement oi six feet instead of an alley. The City Manager suggested to the City Council the matter be tabled to the next regu- lar meeting and indicated they would take an easement rather than an alley. Councilman Johanson inquired if there were any reason they conldn't accept an easement instead of an alley vacation. Q3ty Attorney Smith stated his impression for the request was that Mr. Rasmussen needs the corrections be- e�us2 the plat shows an alley vacated and it isn't an alley vacated. Mayor � � I� � ��� Nee suggested the City Council coUld amend the ordinance ior the second read- ing. City Attorney Smith replied they Would have to describe it in the public hearing notice and it has been published but that Mr, Rasmussen"s suggestion of making it an easement and taking it out of the plat was just as good and at the Court ftouse in Anoka it would be an easement and Mr. Rasmussen could vacate the easement after it had been recorded, that, eather way, it would be vacated. Mayor Nee stated he assumed that neither plat showed an alley and he felt a motion to change it from an a11ey to an easement wouldn't pre- vail as it would sti11 show an alley on the Count,y records. City Attorney ' Smith explained Mr. �asmussen wanted to leave it unvacated which he would be doin� by having it marked an alley and it can't be called a vacated a71ey wMen it hasn't been vacated, Councilman Wo1�e suggested a meeting �aith the City Attorney to clarify details. Mayor Nee inquired of Mr. Rasmussen iY he were going to build 1n the area immediately. Councilman Wolke suggested a publ3c hearing on the item and accepting tha plat. Mayor Nee replied the hard shell oP the plat had been approved contingent on the deed and the mo- tion would be to table the item to the 16th of December. Motion by Wolke to table the considerataon of the second reading of an or- dinance vacating a service drive in Spring Brook Parl, Plat 2 to the next regular meeting on December 16th� 1963. Secvnded by Brook. Upon a voice vote� there being no nays, the motion carried unanimously. OF Mayor Nee announced the 3tem under consideration was a resolution approving agency agreement for the relocation of utilities regardin� Trunk FI3ghway �694. The City Manager presented to the City Council a communication received from Mr, Tce Comstoek, consulting engineer. Mr. Comstock explained the possibility of enterin� the area the way the State proposed and running lines as oa Plan C. Councilman Johanson suggested to members o£ theCity Council the plans be � followed they had previously discussed, The City Manager replied this was apparently what the letter from Mr. Comstock referred to and the construction could be done in the future if it were necess-ary. Councilman Johanson stated he felt the plan Mr. Comstock had proposed would be feasible and would work well. Mr. Comstock replied the letter merely put on record what they had discussed� that the crossin� stays where the highway department has proposed. The City Manager sUggested the City Council could pass the proposed resolution if they so wished. The City Mansger inquired of City Engineer Qureshi if he agreed with the plan. City Engineer Qureshi replied he did agree, the item had been discuase3 and it was feasible and reasonable. Mayor Nee ex- plained the question of the consider�tion was the moving of some utilities on the expansion of the site oi #6g4 and moving of a crossing in the area. Co�ncilman Bxook inquired if the State $ighwa,y Department was paying Yor the construction and was told it was. Motion by Wolke to adopt RESOLUTI�N #187-1963 approving agancy agreement for the relocation of utilities on Trunk Hi�hway #694. Seconded by Johanson. Upon a voice vote, there be3ng no nays� the motion carried unanimously, RESOLUTION #188-1J63 DENYING ElVCROACHMENT - T. H, �694: Mayor Plee announced the item under consideration was a resolution denying encroachment on Trnnk Hi�hway #69�+ and requested an explanation of the City Manager. �'he City Manager explained to the City Council this was a routine � item on all portions of highwa7r construction in which the City Council would a�ree they would not permit bill boards, gas stations� etc., to encroach on the right-or-way of this trunk highway. Motion by Johanson to adopt RESOZU`PION #188-1963 denying encraachment on Trwnk Highway #694. Seconded by Wolke. Upon a voice vote� there being no nays, the motion carried unanimously. NEW BUSIPIE56: PUBLIC HEARING - REZONING - HUTCHINSON ADDITION: � I�iayor Nee annmunced the item in question was a pvhlic hearing on the rezoning of tke I3utchinson Addition. The City Manager read the Notice of i�earin� and expla3ned that, basi¢al1y, this was a rezoning that was denied mr recommended so on April llth 6y the Planning Commission and the City Couneil on April 15 had concurred, particularly in view of the fact there was no trafiic a.nd engineerzng study made and the City was not authorized to mal�e this type of expenditure of any funds. It was explained further the petitioners had ob- tained the services of a consulting engineering firm and presentefl a pro- posal to the Safety Committee and the Committee report� that the safety factor would be acceptable as far as the new arrangements proposed by the ' Traffic Engineer, that at the meeting of November 4th the petitioners asked the City Covncil to reconsider this and this was the public hearing they had requested. The City Manager 5tated that relative to this matter� the City adm3nistration had delivered 29 notices of this hearing in the ismned- iate neighborhood. Mayor Nee announced the-item was located at the corner oi East River Road and Osborne Road on the Southeast corner and inquired 3f there were anyone present who wished to be heard on this question. Mr. Kvalheim waspresent in favor oi the rezoning representin� Unlimited Opportunities, Inc, and stated it wo�ld be the proposal of ihe owners to develop the entire area and one of the three lots in question �as already zoned co�ercial and the property does border a fi113ng station on one side, the railroad tracks on another and East River Road and would be-an improve- ment in the area as propased. Mayor Nee inqui��d if this were the plan that had been presented by the Safety Cotmnittee and was it a request to re- zone from R-1 to �'-2, and was told it was. A1r. Ken Kravick, member of the Planning Commission� was present and stated he had not seen the Pinal plans. Councilman Johanson� repl3ed the Planning Commission had stated they had ex- hausted all means oi solving this problem, Mr. Kraviek explained he had assumed the matter would be returned to the Planning Commission Following the meeting of the Safety Committee. Couneilman Johanson stated that once in a while it becomes obvious that the Planning Commission did get presented with a problem where they exhausted all means of a solution and is passed on � to different co�ittees, that at some time it 6ecomes the job of the Council to act on the item. Councilman Johanson asserted he didn`i feel any committee would get togebher on this item and the City Council does Yiave to make a deeision can it. Mr. Kravick stated that unfortunately this particular prob- lem is similar to other situations and the manner in which this is resolved will also presumably govern other flzture problems. Mr. Kravick inquired if that portion of the traffic problem had been presented. Mr, I�valheim pre- sented the pattern solution to what was considered a traffic problem. Mayor Nee gave a report on the action of the Traffac Cflmmittee. Mr, Kvalheim stated the solution to the entire problem was the sigrial at the intereection of East River Road and Osborne Road which gave a different aspect to the problem when it was okayed; it was presented before the Safety Committee and his customer had come back and this was the Safety Committee's solution to the problem. He further stated the eommittee had added some 5'afety faetors� that this partieular item had been before the City Council or some other committee for about two years and ultimately it is the responsibility of the City Council to make a decision. Mayor Nee explained a motion was passed by the Safety Committee with a vote of eight to one. Mr. Kxavick stated the particular consultant Mr. Kvalhe�m was talking about vas not one e��aged by the City. Couneilman Johanson replied the City has no funds to engage such a consultant. Councilman Brook stated that at one time this section of property had a bailding permit issued for a filling station and it was never used. Mr. Kvalheim replied this was correct� at that time the lots numbered one and � two became available and they had come in with a peti�ion to rezone and there was a traff3c problem� that he didn't believe it was a problem at the presenc time because it had laeen solved and they were now asking instead of a filling station to put in an installation of about $100�000.00 whicke is a better development for everyone. Councilman Brook stated this problem has been in the arocess all the past su�er and it would be satisfactory as t�,ere are p�rfect boundaries. Motion by Brook to agree wi�h the Safety Committee and rezone the property. Motion withdrawn 6y Councilman Brook� Mr. Kravick stated that he wished to point out in going back over the prob- lem that, as he recalled, all the inLerested people in this area had voiced an ob,7ection i;o this rezoning, Councilman Johanson replied that probahly ��� no greater buffer existed between iIldustrial and residential propert�es than a ma�or highway. Mr. Wright� member of the Safety Committee present� stated that he wished to point out a mistaken emphasis; this matter was referred to the Safety Committee on safety only and it was approved on safety grounds alone. He ?urther stated the consi�eration of the Plannzng Commission is not jnst this area, it is on both sides of the East River Road and the East side would likely take notice of this and act in similar fashion and Mr. Kravick was correct in that it involves more than a single request and it would be a good idea to make a further study, Councilman 3ahanson stated it ' was his opinion that quite a bit of East River Road aould be zoned dif�erently. Motion by Wolke to close the public hearing on the rezon�ng of tYie Hutcfiinson Addition. Seconded by Brook. Upon a voice vote, there being no nays, the motion carried unanimously. Mayor Nee announced it would be in order to request that an ord3nance be drawn. Councilman Johanson stated it should be understood the Cit,y Council was not �oing against the wishes of any board of the City of Fr3dley but that any matter can be drawn out just so long and it does become a necessity ior the City Council to pass on any given subject. BUILDING BOARD MINTJTES - NOVEMBER BUILDING PERhffT APPLICATION BY SHERMAN AANSON TO BUILD A FROST-TOP AT 353 MISSISSIPPI STREET NORTHEAST: Mayor Nee announced the item under consideration was a bui�ding permit ap- plication to build a Frost-Top at 353 Mississippi Street N rtheast. The City Manager read to the City Council the action taken by �'he Building Board. Mr. 6herman Hanson was represented hy his attorney who stated tbe agplication was ior Lot Ten on the Northeast corner of Univers3ty and Mississippi Street and it was the third lot in from the corner� that Lots twelve and eleven had been sold to the Pure Oil Company and are gaing to have a filling � station built on them. He stated he was present with Mr. Hanson to ask for a builflin� permit for the Frost-Top in auestion� that Mr. Hanson is operat- ing a drive-in and the reason he needs to move is the property is being ac- quired by the Minnesota State Highway Department. It was explained Mr. Hanson runs a good operation and is agreeable to a]_1 the terms and condi- tions as expressed by the Building Board and he intends to abide by them. Mr. Hanson's attorney explained that once before he obtained a building permit which was later rescinded and he had to sell the property he had purchased. Motion by Wolke to coneur with the recommendation of the Building Board and approve the application for a building permit by Sherman Hanson to busld a Frost-Top at 353 Mississippi Street Northeast sub�ect to the conditions ex- pressed by the Building Board which were: no access from gas station lots to this property and suitable barrier must be provided on the lat line; if sign is installed other than on the building, it sha11 be installed in the Southwest corner of the parkin� lot, Seconded by Brook. Upon a ro11 call vote� those voting aye Nee� Wo1ke� Brook. Those voting nay, Johanson. Motion carried. BUILDING PERMIT APPLICATION BY STEVE HAWRYSH TO BUILD A 20 UNIT APARTMENT vnrra� nm inc vcnnrrov TDTi1G� �rnnmvc+nem. Mayor Nee announced the item under consideration was the appltcation by Steve Hawrysh ior a building permit to build a twenty unit apartment house. � Councilman Johanson stated he had asked the chair to bring this matter to the floor. Mr. Hawrysh was present and presented plans whiah he stated he would have revised to include necessary windows on the east end of the build- ing. Councilman Johanson explained to the City Couneil no action had been taken by the Building Board because of plan showing insuffzcient windows, A discussion period was held regarding windows and air conditioning units. Motion �y Johanson to approve the application for a building permit by Steve Hawrysh to build a twenty unit apartment house at 19� Mercury Drive Northeast subject to the proper windows being 3nsta1led in the Fast end of the building as agreed. Seconded by Brook. Upon a voice vote, there 6eing no nays� the motion carried unanimously, ��� APPI,ICATION BY LAURIE FOR A PERMIT TO Mayor Nee announced the item under consideration was an application 6y Zaurie ,Tohnson for a permit to build a 36 unit apartment building at 6550 East River Road. The City Manager read to the City Council the recoffinenda- tion of the Building Board. Motion by Wolke to concur with the recommendation of the Building Board and approve the app]ication by Laurie Johnson ior a building permit to build a 36 unit apartment building at 6550 East Rivex Road subject to the stipnlation that the storage units are approved according to plan for this building only. Seconded by Brook. Upon a voice vote� there being no nays� the motion carried unanimously. COMMEIPiICATIONS : AARSTAD COMPANY: WAIVER OF ESCROW HARSTAD COt�9PANY: DEDICATION OF EA5EMEIUT Mayor Nee announced the consideration of two commnnications irom Don Harstad of the Harstad Company. The City Ma.na�er explained to the City Council at the previous meeting the only thin� the minutes eontained was that there was a waiver recommended by the Planning Commission waiving the fee for a rezon- in� and this was Mr. Harstad's st�tement. He further explained that as for any amount of preliminary engineer�ng, the City would have to do� it would not appear to be too mtach out of order to waive this request if the City Council so desired. Councilman Johansoiz inquired if this request wottld take care of the street running East from Central Avenue. The City 29anager re - plied Mr, S3arstad had stated he would give the entire 50 feet for the street� that� previously� a small portion of three lots was rezoned for the Knights of Columbus land purchase and that the only action he had been able to find that the Council had eommitted th�mselves to was the waiver of the fee in the a�ount of $40.00. Councilman Sohanson suggested the receiving of the letter and plaeing it on file. The City Manager suggested theCity Council could carry these communications over to the next meeting and have the en- gineering department eheck the property� that he had merelq wanted to get something zn writing from Mr, Harstad regarding the service drive. Motion by Johanson to receive the two communications from ➢on Harstad of the Harstad Company and process through administrative ehannels. Seconded by Brook, Upon a voice vote� there being no nays� the motion carried unanimously. COMSTOCI: A�II DAYIS� INC: W-34-K: Mayor Nee announeed a communication was under consideration from Comstock & Davis, aonsulting engineers. Mr. Comstock was present and explalnefl the letter was self explanatory� that regarding the water improvement project number 34-K at the St. Paul Waterworks Crosaing the original plans were sub- mitted to the St. Pauldepartment and they had had them for ten months. He further explained that, inadvertently� the work on this project had gone ehead without their approval and the St. Paul Water Works does have an ease- ment and it is ne¢essary to have their approval on the premises. He stated during a recent discussion with them this item became apparent and this construction as necessary to comply with their standards. Mr. Comstock stated i�hat three of the methods of doing extra wark were listed for the City Council and are in aecordance with the contract documents� that the con- tractor did submit a figvre in accordance with 3tems whieh was felt to be excessive, that it is possible to have the work done by a different contractor but he reco�ended against this. He explaaned that City Engineer Qureshi had suggested that Items A and C be combined which would be basieally a cost plus 15� wlth a fixed eeiling and stated thzs appeared to be a reasonable solution if the City would continue and have the present contraetor do the work, He stated this would require a Change Order and the City Engineer would execute this Change Order on the basis of the recommendation of com- hining Items A and C. Mayor Nee announced the action of the Council would be to ask for the prep�ration of a Change Order and inquired if this wer� a pressing matter. Mr. Comstock replaed it was not but if they could be gaven an indication, they would prepare the necessary documents for the � � � � 1 ' next meeting. Motion by Johanson to authorize the preparation of a Change Order that ex- pres�es the concept of City Engineer Qureshi that the actual casts to the contractor including all insurance costs and supervision costs plus 15� for overhead and pro£it which is not to exeeed the contractor's quote ltamp sum price of $4�5Q0.00 on the sub�ect of Pro�ect 3�6-K� St, Paul Water Works Crossing. Seconded by Wo1ke. Upon a voice vote, there being no nays� the motion carried unanimously. FIEtST READIN� OF AN ORAINANCE REZONING TFLE HiITCHINSON ADDITION. R-1 TO C-2: The City Managerg�ve the first reading of an ordinance rezoning the Hutch- inson Addition from R-1 to C-2, Motion by Johanson to accept as fzrst reading �n ordinance to rezone the Hutchinson Addition from R-1 to C-2. Seconded by Brook. Ugon a roll ca11 vote those voting aye, Nee� Brook� Johanson, Wolke, Those voting nay, none. Motion carried. VISITORS: There were no visitors presen� who wished to be heard. CLEIIMS : Motion by Wolke to approve payment oi General Claims #1469 through #1509. Seconded by Johanson. Upon a vo�ce vote� there being no nays, the motion carried unanimously. Motion by Brook to approve payment oi Liquor Claims #5866 through #5894. Seconded by Wo1Ke. Upon a voice vote, there being no nays, the motion carried unanimously, Motion by Johanson to approve payment of Fublic Ut�lities Claims #2950 through {�2980. Seconded by Wolke. Upon a voice vote� there bea.ng no nays� the motion carried unanimously. ESTIMATES: Motion by Wolke to approve the following estimate: Northern Contracting Company Box 308 Hopkins, Minnesota Estimate No. 1 (Partial) Sewer and Water Improve- ment Project No. 61 $14,625.13 Seconded by Johanson. Bpon a voice vote, there being no nays, the motion carried unanimously. LICE�SES: Mayor Nee announced the item under consideration was the contractors" licenses to be approved by the City Council. Motion by Wolke to approve the follow- ing licenses: GAS SERVICES Spetz & Berg, Inc, 6021 Lyndale Avenue South Minneapolis 19, Minnesota HEATING Spetz & Eerg, Inc. 6021 Lyndale Avenue South Minneapolis 19, Minnesota by: Ernest R. Spetz by: Ernest R. Spetz NEW NEW `-e i' `�' - �� OIL $URNER SERVICE The American Oil Company 2800 Wayzata Boulevard Minneapolisy Min�esota by: Chester A. Schmidt NEW Seeonded �y Johanson, IIpon a voice vote, there be3ng no naqs� the motion carried nnanimously. PETITIOhS: 1 Mayor Nee announced the item to be considered was a petition ior water and sewer laterals and it was noi sufficient at this point. The City Manager stated the City Council coUld receive the petition and refer it to him for processing, that he had advised Mr. Tulkowski it was his responsibility to obtain the proper number of signatures. Councilman Johanaon stated if Mr. Julkowski couldn't obtain 50� of the signatures the City Council should give the item more cons3deration. Couneilman Wolke stated they should issue Mr. Julkowski the permit. The City Manager suggested the City Council covld direct that a feasibility report by the consulting engineers be prepared for the next meeting provided everybody would be notified and they woUld have to hold a hearing unless Mr. Julkowski was able to get 100� in signatures which he felt he could do and they could then waive a hearing. Mayor Nee inquired if the service line would run para11e1 to University Avenue. Mr. Comstoek replied he did not know at this time. Councilman Wolke stated the matter should be co�eaced. Mayor Nee suggested the Caty Council should receive the petition. Motion by Brook to reeeive Petition No. 39-ig63 and process. Seconded by Johanson. Upon a voice vote, there being no nays, the motion carried unanimously. C�ty Attvrney Smith explained to the City Council that section 8.04 of th� City Charter stated the City Council may proceed under its own initiative � but they must have 3 unanimous vote of the Counci7 after a notice of hear- ing and if they would proceed with lass than the required amount on the petition� they would have to have ¢ unanimous vote, He further suggested the Council should have a ieas3bility l�tter irom the engineer. Councilman Wolke suggested setting up the proper hearing. �ayor Nee announced the motion would be to order a feasibility report £rom Comstock and Davis} Inc.� consulting engineers and set up a public kearing. Motion by Wolke to order a feasibility report from Comstock and bavis, Inc.� consulting engineers on Lot iour (4), Auditor's Subdivision No. 59 wh3ch is 62nd and University and order a public hearing. Seconded by Brook. Up4n a voice vote, there being no nays, the motion carried unanimously. CONSIDERATION OF RENTAL OF OFFICE SP�iCE QA PURCHA5E OF ADDITI�NAL PROPERTY: Mayor Nee announced the item under consideration was the rental of office space or purchase of additional property. The City Manager stated that he had crvered this item 3n his comments to the City Coancil. Mayor Nee in- quired if anyone wished to make a motion regarding the omen property. Coun- eilman Johanson inquired if it hadn't been suggested that �h3s matter be discussed with the two new members of the City Council and this was the reason for the item having been held over. Mayor Nee explained there were several alternatives� that one alternative was to continue the renting of the space in the Professional Building for library and some staff� another � option would be to leave all facilities in the same building. A second altexna�ive, he explained, would be to purchase the Oman property mainly for purposes oY land in the iuture but temporarily to move the drafting sections ittto it and the Civil Defense. A third alternative 3nvolves the E& M pro- perty which is priced high, Mayor Nee explained the price on the Oman pro- perty is $25,000.00 if it is purchased by �7anuary Sst or $22,000.00 as of Ju1y lst, Mayor Nee stated he wished to have the thoughts of the two coun- cilmen who would be taking office on January 1st. Mr. Sohn Wright inquired how much of the property would be usable. The City Manager explained the reason this property had come under consideration was for the past two or three years it had been proposed to purehase it for a part of the land ��i� neeessaxy for the proposed Civic Center, The City Manager further explained that when the leasing time came due� they had the offer from the E& M Building and the Professional Building and he had suggested to the City Council if they plan to buy this land, they could aonsider it at this time and the space could be used for o£rices. Mr, Wright stated it should not be made so usable for office space i;hat it would forestall the building of a new C3vic Center. Councilman Johanson stated that in the past couple of years they had tried to decide where to � put the C3vic Center� that figures and appraisals had been obtained and it must be decided where to locate it, that he had decided in his own mind that was where the Civic Center should be and i? the majority oP the City Council felt this was probab],y not the placea they should not even be discussing it. He flirther stated they had already let bids for a fire station and for a few yeaxs they could make as much t�se as they could of the space and utilize the land. The City Manager stated the oifices tnat would Ue moved to the Oman property were already out of the Caty Iial1. Councilman Johanson stated he felt this was anotherstep in the right direction in locating the Civic Center on this site. Councilman Brook stated he covld not agree on this decision and wi�hed to have the City Offices remain in their present fac3lities for another year. Councilman Johanson stated they could not waat until January lst to make a decision. Mayor Nee stated it was h1s opinion that ii they were to buy this property at the appraised price, they could always sell it. Council- man Wo1ke asserted, he felt, the most economical wag would be to purchase the Oman property by July lst, that economically they would be picking up $3�000,00 on the purchase. Mayor Nee said that possibly the only decision would be a s3x month lease. It was met�ioned if the Council dici purchase the Oman property as a land purchase it was expensive land. The City Manager replied it was the appraised figure. Mayor Nee stated they couldn't just consider it as a land purchase. The C3ty Manager expl.ained that if the City Council planned to purchase the land ior space� they would get the house � and it would have to be mvved off but as long as the house is there, they could use it. Mr. Wr3ght inquired if there we�e any 13kelihood the house could be sold, Counc�lman Johanson replied �t could be moved and there is a Your stall garage. Councilman Brook stated ha had looked at the property and it was impos5ible to put four cars in the garage. Counczlman Brook stated that all items being considered the City Council should be very care- ful be£ore a move is made and as far as buying the property, it possibly wouldn't cost more at other time. The City Manager explained that a great deal of the house in question could be closed off and used for starage and there wou].d be a possib3lity that there wouldn't be the outlay. Mayor Nee stated they would have to assume they would do better than break even for the next four or Yive year�. Mr. Jack Kirkham� councilman to take ozfice January lst stated he was in- clined to think the City should continue to lease space in the Business and Proiessional Huilding as he was not rrcnvinced this was the site F'ridley should ha�e for a Civic Center. Councilman Wolke replied that if it were� $22,0�0.00 would not be an unrealistic price to pay for it, that it might be worth more money two or three years from now and it would 6e marketable if they wanted to dispose of the lots. Councilman Johanson stated it would not be hard to sell the lots with the present land owned by the City. Mr, Wright stated if the Council were to buy the property� it should be bought on the grounds they can't use it, that he was not satisfied with the use proposed. � Mayor Nee inquired if secretary to the Council� representing owners of the Business and Frofessional Puilding, w7.shed to make any comments. The Sec- retary requested and was given permission to leave cha3r and speak before the Council. She stated she wished to give the City Cotmcil some figures regarding overhead and npkeep if they were to move tt� the Oman property. It had been �tated the rental savings would be $2,820.00. Of this, she ex- plained, the City Councal should consider approximate figures for overhead a year such as heat� $360.00, light� $180.00� maintenance� �600.00 and a tas loss of $300.00 wh3ch figures totaled to $1,440.Op. It was explained to the City Council this figure dedveted from the original $2,820.00 would leave about $1J380.00 out of which would be expenses such as moving whicl� would include phones, air conditioning units to be purchased, some rewiring � �� � and fixtures to be purchased, a parkang area developed, some decorating and remodeling, insurance, dehwmidiiiers for preventing dampness to records, upkeea for saow removal andlawn, man hours lost in moving whaeh would amount to at least two full days with two to three men workYng, Mayor Nee replied these iaere points we�1 taken. Councilman Brook suggested to the City Council they lease the Professional Building for another year and if the City Council would wish £o pvrchase the �man property they should do so as it would take some time to remodel it, that moving, at this time, would be wrong. Motion by Johanson t�iat the City Manager be autlaorized to purchase the Oman ' property and take possession of same as of July lst in the amount of $22�004,00. Seconded by Walke. Councilman Brpok inquired 3f th3s would mean they would oce�xpy the Oman house on July lst. Councilman Johanson stated if they couldn't negotiate it� they might have to stay where they were, Upon a voice vote� there being no nays, the motion carried unanamously. CONSIDERATION OF Pi7RCHASE OF RTGHT-OF-WAY MSA 308: Mayor Nee annoianced the item under consideration was the purchase of a right- of-way M. S. A. 308. The City Mansger explained to the City Council this matter had been brou�ht to this stage 6ecause the owner of the property had come in and asked for a building permic for an addition to his present home and beeause hZS home was where 73rd Avenue would go through to East River Road the City Attorney and he were to negotiate �or possible purchase oi the property. The City Manager farther explained they had obtained three appraisals in the amounts of $5,618.00� $6,350.00 and $7�500.00. It was stated City Attorney SmitYa's opinion in the value is approximately $6��00.00 but if the City of Fridley had to condemn, it would run at least $500.00 for eondemnation proceadings and a reasonable ofYer 3s $6,500.00 permitting Mr. Rucks, owner, to live there until duly lst and allowing him to remove any items he wishes to take when he leaves such as cabinets, �aater pump� tank� bathronm fixtures, etc. Mr. Rucks had stated he wanted$7,500.00 if he couldn't remove these items. The City Manager stated the $6,500.0� price � was reasonable with the stipulations and they had the right-of-way approval on #308 and would be reimbursed for same frqm the State. City Attorney Smizh explained to the City Council they could authorize �he purchase and he would get the necessary deeds from the fee owner and Mr. Rucks. Mayor Nee stated they would also need the necessary papers to �et M.S.A. Funds. Motion Uy Johanson to acathorize the purchase of theproperty located at 7301 East Raver Road from Mr. Rucks in the amount of $6,500.0o with the under- standing that Mr. E�ucks can occupy same, rent free, until Suly 1, 1954 and that he can remove ang items he wishes such as cabinets, Water pump, tank� bathroom fixtures, etc. Seconded by Wolke. Mayor Nee explained the purchase was for a house on Ea�t River Road which will put 73rd Avenue Northeast clear aeross the caty and aequisition thereof to purchase the property of Mr. Rucks for $6,500.00 ander the conditions deecribed. Upon a voice vote, there be- ing no nays, the motion earr3ed unanimously. CONSIDERATI�N OF NORT$ SUBURBAN SANITARY SEWER DISTRICT WITHDRAWAL PETITIOIdS: mayor Nee announced the item in question was the eonsideration of the with- drawal petitions for the North Suburban Sanitary sewer District. 'Phe �ity Manager ei.ated the City Council had received a letter this day from the NSSSD and read same� further explaining the resolution the City Council had passed on a holiday was bein� Questioned legally. The City Manager read a co�nunimtion irom Crty Attorney Smith in which he stated the action of the � City Councll was valid, also the opinion of Mr, i{ohlan, attorney for the NSSSD, and nncertaintxes which were presented. The City Manager stated the City Council had beYore them a resolution prepared by City Attorney Smith affirming and ratifying the acts of the City Council taken on November 11, i963. RESOLUTION #189-196'� AFFIRMING AND RATIFYING 'PHE ACTS OF 'Pf� CITY COUIPCIL . 5. 5. 5. ll.: Motion by Johanson to adopt RESOI.t1TI0N �189-1963� as prepared� affirming and ratifying the aets of the City Council taken on November 11, 1963 in reference to the North Suburban Sanitary 5ewer District. Secanded by Brook. IIpon a roll call vote, those voting aye, Nee, Brook, ,7ohanson, Wo1ke. Goun- cilman Wolke stated he wished to qualify his vote, that his action was affirm- ing an action taken by the Cxty Conncil �s a whole and he had voted "no" on the original motion. Motann carried unanimously. RESOLUTION #190-1963 ORDERING 7IdPROVEMENT - ST. 1963-2� � Mayor Nee announced the item in question was a xesolution ordering an im- provement� Streets 1963-2. The City Manager explained to the City Council this resolution would order the improvement and final plans and specifications fox the concrete curb and gutter on Central Avenue, North of Mississippi Street between Mississippi and Osborne Road} also the final plans and speci- £ieations have teen drawn by the County of Anoka, Councilman Johanson stazed his first concern had been the residents in the area but apparently this wasn't guite the case and there was no nbher way the highway could be built, Councilman Brook stated� he felt, the road would do a great deal of good for the area. Mayor Nee stated it was proposed to as_ess as was descr2bed at the last meeting, � , Motion lay Johanson to adopt RESOLUTION #190-1963 ordering improvement and final plans and specifications Streets 1963-2 and approving plans and pro- viding for bids. Seconded by Wolke. Upon a voice vote, there being no nays� the motion carried nnanimously. RESOLUTION #191-1963 AiPPHORIZING DESTRUCTION OF CERTAIN CITY RECORDS: Mayor Nee announced the resolution in question was the authoriaing oi the destruction of certain city records. The City Manager read thememo pre- pared by the Finance Director and stated theCity Clerk requests permission to destroy certain secords those being Municipal liquor dispensory cash register tapes for the years 1949 through 1956 and employee time cards (not earning records) for the years 1950 througt! 1956 and stated the records were of no value, The City Attorney� it was explained, had also stated these records have no further value and gave hiN permission to destroy records as the City Clerk needs the permission of both the City Attorney and the City Counc3l to destroy any records. Motion by Wolke to adopt RESOLUTION #191-1963 authorizing the destruction of certain caty records more than seven years old as described: (a) Municipal Liquor Dispensory Gash Register tapes for the years 191+9, 195�� 1951� 1952� 1953a 195�+� 1955 and 1956. (b) Employee Time Cards for the years 1950� 1951? i952, 1953� 195�, 1955 and 1956• Seconded by Johanson. Upon a voice vote, there being no na,ys, the motion carried unanimously, RESOLUTIONS SPI,I'PTIIQG SPECIAL A6SESEMENTS: Motion by Johanson to adopt RESOLUTION #19^c-1963 authorizing and direeting the splitting of Special Assessments on the south 200 feet of Lot 6, Melo- land Gardens. Seconded by Wolke. Upon a voice vote� there being no na,ysa �he motion carried unanimously. Motion 'trj* Johanson to adopt RESOLUTION #193-1963 authorizing and directing the epl3tting of Special Assessments on I,ots 18� 19, 20 and 21, Block 16, P]ymouth Addition. Seconded by Wolke. Upon a voice vote, there bein� no nays, the motion carried unanimously. Motion by Johanson to adopt RESOLUTION #194-1963 authorizing and directing the splitting of Special Assessments on Lot 10� (Parcel 1060) Auditor's Sub- division J3o. 89. Seconded by Wolke. Upon a voice votea there be�ng no nays, the motion carried unanimously. � � C�NSIDERLtTION OF REFUNDING BONDS: Mayor Nee announced the consideration at hsnd was the presentation by Mr. Ehlers of an analysis of savings for the City of Fridley. Mr. Ehlers stated that has firm haa examined, in cooperation t�ith tke City Mana.ger, several bond issues with the view toward refunding them. He explained that briefly what happens is it is determined to yssue refundang bonds and these proceeds are placed in escrow and invested in U. S. Government Bonds. He further ex- plained the City of Fridley might have to place afld3tional money into the escrow accoUnt to make up any differences, that this does substi�ute the new � �ssue for the old issue and when this is done, it would be hoped to take ad- vantage of a better market condition than existed when the original bonds were iseued. Mr. Ehlere explazned to the City Council the bond market is quite strong at the present tlme, more so tha� orig3nally and stated the Council could authorize this for three reasons; namely� receipts are in- sufficient to pay principal and interest when due, ar it is necessary or de- sireble to reduce interest costs, or it is necessary or desirable to extend or adjust maturiiies in relation to resources available Por payment. The three issues of the City of Fridley that show promise of substani3al savings were explained� their dates af issue being 1/1/59, 12�15�59 and 4�1�61. Mr. Ehlers stated that as h� had mentioned before with the escrow account� they would take the proceeds and invest in U. S. Government Bonds and to the extent this is not sufficient until the call date, they woulci have to put up additional eash. It was explained by Mr. Ehlers the City oi Fridley does have substantial sinking funds on hand and thas may be vsed, that his firm had made an analysis of all interest rates and felt the City could make about $93,000.00 but the exact saving would be determined at the time of the sale and at that time the City Council could determine approximately what the saving could be. Mr. Ehlers further explained ii it does not prove suf- ficient at that time the City Couneil wonld be free to continue as they were before, An analysis o� savings was preaented by Mr. Ehlers to the City Council and explained in detail. He stated that when government bonds are mature, the monies irom them would be reinvested in treasury bills for money needed to pay bonds. The Bond market, it was explained, has been pretty steady and if it goes off� the refunding goes off. The government bond yields will iollow the higher in- terest rates on muaicipa].ities and this would create additional earnings. Mr. Ehlers e�cplained the C�ty Council would have the privilege at the time of the actual sale to determine what their exact sagings were and decide at that time whether to continue with the refunding. L�ouncilman Wolke inquired of Mr. Ehlers if he were proposing to eall the old bonds in, Mr. Ehlers replied they figured they could sell these bonds for 3,6� whereas the average is 4.5°� and the shorter maturities on government bonds would be less like 3 7/�3� to 4 4�8'fo yield. Mr. Ehlers explained the esexow agent handles the money and he has charge of reinvesting themoney in treasury bills. The reason this works is the fact the intexest on goverhment bonds are fully taxable whereas the interest received on municipal bonds are tax free and since the Gity does not pay any ta�ces Yt gets the advantage of a higher rate on government bands. He explained that one of the things the City would have to remember was that bonds must eithermature or be called within ien years after they are issued. Councilman Johanson inquired 3f these three issues were the only ones to be presented and was told they we�e. Council- �iian Johanson stated that as this wouldn't cost any money� these three speci- fic projects that bonds were �old on� should be looked into and inquired if the City had aseessed the entire cost of the project. The Finance Director replied they had not. Mayor Nee inquired how much wonld the �5$}000.00 mentioned earn if it iaere not put into escrows. NIr. Ehlers replied about $g,000.0�. Councilman Wolke stated� he felt they should take the $55�000.00 and buy more bonds with it and was told this would be proper. Mr. Ehlers stated that proceeds should be taken and ofPset them against the bands and they would be refunding and form a sinking fund so it doesn't change the net ratios. He further stated his firm had done about a half a dozan of these and they would not like to bring th3s up in December but in the latter part of January as the market sometimes changes. Motion by Johan3on to place the resolution on the refuttding of bonds on the � � , � Council Agenda for the 16th of December� 1g63, Seeonded by Wolke. Upnn a xoice vote� there being no nays� the motion carrie3. Mayor Nee stated th�t Mr. Ehlers should be congratulated on this pro�ect. CONSTDERATION OF FINAI, PLANS FOR FIRE STATION: RESOLUTION #19&-1963 ACCEPT- ING AND APPROVING PI,ANS FOR AN ADDITIOPI TO THE CITY FIRP STATION AND ADVER- TISING FOR BIDS AND TfiE ENTERING INTO TAE ARRANGEMENTS WITH TfIE FRIDZEY VOLUNTEER FIREMEN'S RELIEF ASSOCIATION: P�ans for the addition to the fire station were presented hy Mr. Smiley, arch3tec�. Mayor Nee stated the item under consideration was a resolution accepting and approving plans ior an addition to the fire station� adver- tising for bids and entering into an a�reement with the volunteer assor_iation. Motion by Johanson to adopt RESOLUTSON #196-1963 accepting an3 approving plans for an addition to the Citq Fire Station and advertlsing ?or bids and the entering anto the arrangements with theFridley Volunteer Firemen's Relief Association. Seconded by Wolke, Mayor Nee explained the Fire De- partment would build and finance the additi6n and the City of Fridley woiald rent it back from them and eventually the City would oan it. Mr. Jack Kirkham� councilman to take office January 1st� stated his opinion of the new addition to the fire statzon was far removed from what has been done and he could not offer much in the way of constructive criticism at this time� that he did not appreciate the location or the way the Civic Center is planned facing the wrong street. Councilman Brook stated he agreed aith Mr. Kirkham. Upon a roll ca11 votea those voting aye� Nee, Wolke, Jonanson. Those voting nay, Brook. Motion carried, Councilman Brook stated he felt the Fire Departmentshould have been built on Mississippi Street and he believed the majority of the firemen felt the �ame way. ADJOURN: T'nere being no further husiness� Mayor Nee declared the meeting adjourned. Respectfully submitted� n r l/ \ / �� �)/ f.e = � % %�*'J✓.�z"�t'tiG'"LC Sue Miskowic � Secretary to the Council � �� � � ! / n n � �� ' 1 � ���, � 4" � �"�.-+�\ MAYOR - Wm. J.,' ee � COUNCIL MTNVI�S - SPECIAL MEETING - HAYES SCIIOOZ - DECFMBER 3� 1g63 Mayor Nee called the meeting to order at 8:10 P. bi. Mayor Nee appo�nted City Clerk Marvin Brunsell acting secretary ?or the purpose of taking the m3nutes of the meeting. ROLL CALL: Memlaers Present: Johanson� Nee� Brook Members Absent: Sheridan, Wolke Mr. Nagel from the Board of the North Suburban Sanitary Sewer District was also present. PUBLIC HEARING ON DETACHMENT FROM THE NORTH SUBURBAN SANITARY SEWER DISTRICT: Mayor Nee explained the purpose of the hearing. The City Manager read the (�7ta�'