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05/18/1964 - 00022748i� v v s , , a ' �-' �:� ,�y e�g,,.� ' ..e,!"'��. � , ' �� ` -, "d�� ' � The City Manager explained,to the City 0ounc3'1 they had beea u9dri��a photo copy machine which was uked ex�ensively�'that they eitherA�had to bny it or return it or make a deal with the Zer ox Company.s, $e!'fnrther explained they had budgeted money For th3s piece-of equipmen�'bn'� it had not been exactly designated and the amount was approxi�tel' $930,00. The machine o�as descxabed as bein� the SCM, a new=msehine with automa,tic cdllection and automat3c feed� etc. The City Manag�r s�tated he was av�aiting a��roposition from the Zer ox Company hut wobld like to have aut,horization to purchase this machine or have a,renta'7. one ��ath Zer ox. It zaas mentioned there was no need to call for blds on thls item, that the price would be $1,D00.00 but because tli' certain concess�ons, it would come to $930.0o as there ere certain thin�s t,Y�is company would be giving to the City. Councilman Sheridan stated it was his opinion that with the rapid changes in this type of equip- ment� if thcy could lease the machine or rent one, it might be b'etter to do so. the City Manager replied the patent problems in this regard had been resolved in the courts, that the �er ox Company machine is e:;pens�_ve �ihereas they could purchase this particular machine, riotion by Wright to authorize the City Manager to acquire a photo copy machine by whatever means he deems fit. Seconded by Kirkham. Upon a voice vote� there being no nays, the motion carried unanimously. ADJ OURIJ There 0ein� no further business, Mayor Nee declared the Regular Meet- ln� of Ma,y 4� 1964 adjourned. � P,PSpectFully submitted� 5 .. Ilskowlc Secretary to the Council �;,�f/�- � `�"�. . William J. N�Te Mayor P.EG[JL�R CO[Jl'7CIL MEETING - MAY 18, 1964 A regular meeting of the Council of the City of Fridley tras called to order by Mayor Nee at n:15 P.M. ROLL CALL• Members Present: Piee, Johanson, Kirkham, Sheridan, Wright Members Absent: None Nayor Nee extended a welcome to members of the 9th grade and their instructor� rlr. Meyers� who were present to observe. APPROVAL DI' MINUTES - REGUI�AR MEETING, MAY 4� 1961F: � J � \/ — i x � � ' ' � i ^T "4%�� n idotion by Johanson to approve the minutes of the Regular MAeting,of' - May 4� 196�+ as prepare$ and received.- Seconded,by Kirkham.`�Upo� a voice vote,-there being no nays, the motion carried unanimaualq. - PUBLIC HEARING�: PUBLIC HEARING ON IMPROVEMEPFP -�T. 1964-1: A I Mayor Nee announced a public hearing on Improvements for streets and curbs. The C3ty Manager read the Notice oi Hearing on Improvements. � The City Manager was requested by Mayor Nee to•d3scuss the general `- policy of assesameht� the purpoae af this meeting and what assessment policy would be followed in £he future. ,The C3ty Manager explained the City Council could order all of the eleven items read in the Notice of Hearing or any one or more oY them� tha�`this would depend on the discussion at the public hearing. He further explained the policy generally 3s to assess on-the front foot basis� a1Z of'the lots that front on the street or on a corner lot one-third�on the side and all of the frontage, The City Manager stated the cancrete curb and gutter va� more expensive then the asphalt curb and �utter but the diiference primarily was, as Sar as council policy�,that_the street-assessment for a etreet with aspYialt curb is epread over"a five�year period and the conerete curb end gutter was spread ovex a ten year perio@. Mayor Nee announced the program under consideration was ind3cated on the map to the left and most of the improvements are init3ated on the basis of petit�on, elthough one or two might not have been. He asserted the Clty Council wanted to know if the residents wanted the Workdc3nne and whether or not they preferred the asphalt curb and gutter or the concrete curb and �utter, that the city was intere"ste3 in putting in conerete curb and gutter as ft is more satifaetory and the atreets � last longer and it is to the benefit of the�homeowner. It was mentioned by Mayor Nee the City Council did not want to impose something on the residents they did not want and announced the iirst item would be the consideration of the improvement on 2 1�2 Street between 57 1�2 Ave�ue to 58th Avenue. �- " , - 2 1/2 Street (57 1�2 to 58th) , City'Engin2er Qureshi indicated on t'he map the area in�que�stion. hiayor Nee inquired if there were anyone present who wi,shed to be" heard with regard-to 2 1�2 Street betwee�l 57 1�2 to 58th Av.enues and stated the City Man6�ger had no record of`any object3on„�tQ;,fi,,�e; petitioLr. City Engineer Qureshi etated 5D�'oF�this was by petwt��u. There was no one present in favor of ar in opposit3on to the improve- ment. Motion by Johanson to authorize the construction'o�' 2 1�2 Street irom 57 1/2 Auenue to 58th Av2nue and order the improvement with concrete curb and gutter to be installed. Seconded by Sheridan.- Upon a voice vote, there being no, nays� the motion carried unanimously. 68th Avenue (T. H. #65 to Channel Road) - Mayor Nee announced the item under consideration was a sm§11 5tub on 68th betueen x3ghway #65 and Chaqnel Road. City Engin2er Qureshi inc3ic�ted the area on the map. Mayor Nee stated the item was not in- i itiated by petition� there was objection by the immediately-adjacent � property owners and the proposal by the City Council would be to spread this assessment pa,ttway down the street and, requested the Finance Director explain the asaesament po]:icy. �The Finance D3reator explained the areas and who would be assessed and help bear tbe cost. Mayor Nee inquired ii there were anyone present vrho wished to be heard. M'r, V. M. Nagel� resident� inquired.if the Finance Director aould give the people some idea what tlie asseasmerat would Fre on an average seventy-five ioot lot. It was explained by the Finance Director that, as a starting pointJ they had considered ass�ssing one-quarter oP the cost on the side oi the lote an 68th Avenue and three-que.rters of the cost on the other lota do�n the street� that esphalt eurb with.street would be at�the rate oi $5.99 a Yoot for one-�h1rd oi the side yard on those lots which have the lots sbutting on 68th Avenue and the front foot assesemente for the asphalt curb would be $2.46. Mayor Nee asserted that it appeared for a�1ot wi�$ att •. asphalt curb� it would run approximately $184.50 and $237,75'Yor a lot with concrete curb and gµtter� that these were based oh an . estimate only snd would be the approximete prices of aeses�amenta�for lots facing Channel Road. , The question was ra3sed by a resident that� originally� the ett�eet was in and paved and then the improvements were�b�+ought in ipr the prime purpose of the bus3neases on the highway and it was'hie understanding that the street had been put in and the businesass would bear the brunt oi it. Mayor Nee rep�ied they would pay the most. The Finance Director stated -the busineases would have both the side and iront Yuture asseaements. Mr. Robert Minder� nwnex of Suburban Engineering� etated .the street was used main�y by the residents further down the street and the two that are hit.the hard- est are those that don't use it at all„ that he did not feel the City Council had gone far enough on down that particular stree�t. Mr. Minder further stated he owned 190 feet on Highway #65� the.t this was not petitioned for and inquired why it wss being put in. The City Manager explained it was an access to the area and this was why it had an alternate apread down the block. Mayor Nee' replied it was a relevant queation and he was not certain. ,Mr. Minder inquired who was going to help him pay for the street� 'that he was being assessed qui�te hard. Mayor Nee replied the City ,, Council repognized the problem. Mr. Minder asserted he'would`3�� rather put the street in himself� that he covld do it � lot-ch�mper. The City Nlanager explained the alternate aeeeeem�nt cut Mr. Miada��e assessment down about half and it was difficult to aee what the ait- uation would be� that the Streets and Util3ties CoArmittee Were;�.3�: working to make an exit or entrance South to 'the Harstad propexty and that could be the same eituation as'thia,. Mr. Minder e�plained to the City Council they couldn't pick up any side atreet asaessment on this from him as he was now paying for it. Meyor Nee replied the Finance Director had made the same kind oP adjustment to Mr. � Minder'e property that they normelly made on a side street apread and if they paved around Mr. Minder°s property the same aeaessmeg�k' would prevail. Mr, Minderninquired what tihe coet wopld bg to hie property. The City Manager replied it was $3,948.00 eatlm�ted vith asphalt curb and gutter and $5�000.00 with concrete curb and' gqtter; that Mr. Minder was down for aboUt $460.00 and another �233.OQ,for a total of an additional $693,00 on the lot adjaeent, � The question was raised by a resident how the City Council arrived at an agreement for a particular area in queation� that Por himself he lived on a corner and faced South and 3nquired if he would be assessed for both_ corner and frontage. He Kas told the aasese�nt roll made•up did not 3nclnde people in his area�,that at the p�eaent time they were not being considered at all. Councilme,n Wr3ght inqu3red if the City Council authorized the repaving of ell of Channel Road if they could expand the asseasment ro11,.' Me.yor Nee inquired if the residents had all been given'notice of this T�earing. The Finance Director replied they were not given mailed notieey- only the notice in the newapaper. Mayor Nee asserted then� the only other alternative would be a rebu3Tding job on Channel Road. Mr. Nagel� resicient� stated the bi� part of this road frOm HighWay, �65 to Channel Road was'that_there waa-a ewale and the Minneapolis Gas Company did most of the dama�e and iriquir�d 3f they had made restoration. Mayor Nee replied �this wae a sewer job. The City. • Manager explained the atreet had been pu�i baCk, �Mayor Nae atsted it had been the impresaion of the CiCy-Cpkn4'"il the reeidenta Wented a road in the area: Mr. Midder inquired if�the road $idt}'t hgve , � a stabilized base. City Engi�Yeer QureShi explained-this was a pre.. liminary inveatigat3on end they had wgnt�d to tell the people about , it, that it hadn't�a11 been inveat3gated yet and the assesa�ent . might come down. ��R� Motion by .Tohanson to delete 68th Avenue (T,Ii. 4k65 to Channel Road) from the Street Improvement 1964-1. Seconded by Wright, Mayor Nee inquired, for his own information, who present was in fnvor of pursuing the project, There vas no one in favor of pursuing the project. Mr. Roberr Minder stated he was not against the pro�ect and a good road 6ut not for the manner it was presented. Another resident stated he lived an the North corner of 68th and when he had bought the lot it was paved and the last two yesrs it had been torn up. Councilman Sheridan inquired if the admin- istration could give the City Council a general idea as to the nassible � maintenance cost of such a street. The City Manager replied he did not have the figures available. Upon a voice vote, the motion carried with Councilman Sheridan opposed. Brookview Drive (T. H. �65 to West end) Mayor Nee announced the consideration of Brookview Drive East-West portion, from H3ghway #65 West to end. City Engineer Qureshi indicated the area on the map. Mayor IPee inquired if there were anyone present who wished to be heard on the item. Mr. Talbot of the area was present and stated he owned Lot 1� Block 1 in the area and inquired what the cost �rould be on his land. Mayor Nee replied it was indicated $g21.00 would be the cost of the street with asphalt curb and gutter and with concrete curb and gutter it would be $1�110.00 for 107 feet� that the $921.00 figure could be spread over 5 years end the $1�11�.00 figure could be epread over a period of ten years. Mr. Talbot atated they would prefer the better street and inquired if there were any way they could get the se�er fixed first� that the previous year it had been agreed something had to be done and it wasn't right that people had pa3d their assessments on this sewer all these years. He further stated the sewer had been giving trouble ever since it had been put in. City Engineer Quresha replied he had mentioned in a report if some rezoning wovld go through in the areaa it would � go �hrough another 13ne and would take care of the problem. The City Manager explained that all he knew about the matter was that the Superintendent of Utilities had said last year they had worked it out; also, that when the improvement is ordered and final plans and speci- iications are ordered, at that time it would be reported ta the City Caunc3l. Mayor Nee inquired i£ there were anyone else interested in th�s part of the project, City Engineer Qureshi stated in the way of explanation, that they wovld be paving a dead end street and wished to make the City Council aware of this. Motion by Wright that the improvement on Brookview Drive (East-West portion) from HighWay #65 West to end be ordered with concrete curb and gutter. Seconded by Sheridan. Upon a voice vote, there being no nsys, the motion carried unanimously. 66Th Avenue (Lueia Lane to Channel Road) Mayor Nee snnounced the consideration of 66th Avenue from Lucia Lane to Channel Road. City Engineer Quresh3 indicated the area on the map and explained these were two blocks between Lucia Lane and Channel Road. A resident, present, explained to the City Council there was a petition against half of this improvement. Mayor Nee inquired of the City Manager who had petitioned for this improvement, The City Manager replied it was part of the plat. Mayor 2dee inquired if there were anyone present who wanted the project work done. Upon a show of hands one-half oa � those present were in favor of the project and one-half oP thoae present were opposed. It vas mentioned by a reaident that from Channel Road to Pierce Street the assessments were supposed to be borne by the bnilder as they were originally intended to be. Mayor Nee stated, that as they aaid, the contention vas that the City Council had agreed to vacate from P3erce to Lucia Lane. Another res3dent explained the administration was supposed to look up meetings held where this was praposed on that plat of land� that Don Anderson, the builder in the area� had platted the land and pa.rt of it was dedicated from Channel Road to Pierce Street but no dedieation was given from Pierce Street to Lucia Lane, The question was raiaed if thia item had been brought before the City Council by petition. Councilman Sheridan replied it had, by platting. Mayor Nee e��i fnquired iP the area were restrieted for the moment to Channel Rasd to Pierce, who would be in favor of it. It was replied the residents had been told there waF money in escrow for one-hal? of the block but the other side of the street was not prov3ded for. ASayor Nee inquired of the Finsnce Director 3f there were any money in escrow Yor one-half of the street between Channel Road and Pieree Street. The Finance Director replied there was no money in escrow. Mayor Nee inqwired if there were anyone present from the North half of the street. There s+e,s no one present. A resident present explsined their contrset ha,d stated their � improvements were all in and paid for. Mayor Nee annoanced they would hold the item over until later in the meeting as the residents statefl Mr. Dot+ Anderson would be present and they would attempt to resolve it. Woody Lane (South from present cul-de-sac) Mayor Nee announced the consideration of Woody Lane South f"rom present aurfac3ng to cul-de-sac (Meloland Lakeview Addition). City Engineer Qureshi indicated the area on the map. Mayor Nee inqu3red if there were anyone present who *aished to be heard on this part of the project. There was no one present in fevor of or in opposition to the proposed item. Motion by Johanson to inclvde and suthorize the improvement of Woody Lane South from present surfacing to cul-de-sac� Melaland I,skeview Addition� said improvement to be with conerete curb and gutter. Second- ed by Sheridan. Couneilman Sheridan stated it was his understandin� there was some storm sewer involved on thia piece and perhap� the item should be del�ted until aPter �he storm sewer hearing. Mayor Mee in- quired iY Councilman Sheridan wished to amend the item. Mot�on by 5heridan to �mend the 3mprovement to include that it tae contingent on the storm sesrer deedgn of Woody Lane� South from the preaent cnl-de-sac. Seconded by Wright. Upon a voice vote� there being no nays, the motion carried unanimowsly. On the original motion to include and anthorize the improvement of Woody � Lane South frc,m present surfacing to cul-de-sac,, Meloland Lskeview Additipn, sard improvement to be with concrete curb and gutter� there bein� no nays, carried unanimously. Anna Avenue (Charles Street to 59 1�2 Way) Mayor Nee announced the consideration of Anna Avenue from Charles Street to 59 1�2 Way. City Engineer Qureshi indicated the aree on the mep and explained the item. Mayor Nee stated there had been two letterE of objection, those bein� from Mr. Minder and Mr. Lametti� that tMey were half of the groperty owners in the area end inquired if there were anyo� present who wished to be heard on the improvement. Mr. Robert Minder, owner� inquired regarding final breakdown� that the way it had been was that there was 370 feet in the item and he and Mr. Lametti would have had to pay for 300 feet of it� thst the other 70 £eet was on the other side of the street, Mr. Minder further stated he had no need for this improvement and did not want it and could see no reason xhy he should be forced to pay Por a street. Motion by Johanson ta delete Anna Avencae t'rom Charles Street to 59 1�2 Way irom the Street Improvement 1964-1. 3econded by Wright. Upon a voice vote� there being no nays, the motion carried unanimously. 75th Avenue (Bacon Drive to MeKinley Street) � Mayor ftee announced the consideration of 75th Avenue from Baeon Drive to McK3nley Street. Mayor Nee inquired if there �rere anyone present who wished to be heard on the item as presented. Mrs. Alton Ahletrom of 1645-75th Avenue N. E. stated that Dalberg Terra¢e was in only part wsy and if they went ahead with construction and blacktopped from Lakeside � F� ,� �� e� to MeKinley Streets, iY thia wouldn't tear the street all up with heavy equipment, etc. The reaident ilzrther declaxed she had no objection to blacktop but they were the only house facing 75th Avenue ?rom Lskeside to McKinley Street and inquired hoW vise it wovld be� with all the bUilding going in, to p�t in the street at this time. Mayor Nee replied 3t was a good quality of street and he wonld be surprised 3f anything damaged it. Anoth�r resident inquired what pnrpose there was to blacktopping half a block and why couldn't they go from MeKinley Street � to Stinson BoUlevard. The question was raised if Mr. Dalberg had all his servic�s in for his new homea. Mayor Nee replied he d3d not know. Councilman Sheridsn indicated there was a total ot' 2,268 feet to be blacktopped. A resident replied this was for one-hali of a lalock, that MeKinley Street on the Idorth side was not through. Councilman Sheridan seserted there were some additional utilities that must go in that street somewhere to the East. It Was inquired if the City Council were certain there would be no damage to the street, that all the services have been put in the street to McKinley Street and it was a known fact that the area from Bacon Drive to Lakeside was petitioned but no one f�om Lakeside to St3nson bad petitioned for a street. Mayor Nee replied it could certainly be held up. Councilmen Johanson stated� upon inquiry� there Were not many blacktopped streets in the City of Fridley but they had atabilized atreets. Mrs. Alton Ahlstrom of 1645-75�h Avenue Northeast stated she wished to go on record that she would like to have this road stopped at Lakeside Drive until Mr. Dalberg had fin3shed his pro�ect. Mayor Nee assertefl the engineers were quite confident the street would not be damaged in any way. Mre. Ahlstxom inquired who wauld be responsible if they did, Mayor Nee replied it would be the city"s responsiblity. The question was raised when this vould he completed. Mayor Nee replied he did not know, that the atreet would not be packed down until next year. Mrs. Ahlatrom inquired how it would be to finish the sewer project on the end that cannot be blacktopped. She was told it was finished except � for the connections and if the bUilder were forced to finish the street in the next month or so� it wvuld take a speciel compaction job} other- wise it vould be paved the iollowing year, Mrs. Ahlstrom inquired if this wouldn't cost the taxpayer more money. Councilman Wright replied that one balsnced the other off against the compaction cost. Mr, Lloyd Dawson oi 1525-75th Avenue Northeast stated he wished to go on record in favor of the prvject� that he had taken the petition on up to Stinson Boulevard but they could chan�e it to Lakeside and Mr. Dalberg had si�ned the petition for his side oY the street. Another resident stated he was in favor of the new street i£ it didn"t take too long to finish. Mayor Nee explained that a part of the area is unplatted. Motion by Johaneon to authorize the final plans and specifications for street iarprovement 1964-1 from 75th Avenue (Bacon Drive to McK3nley Street) with concrete curb and gutter. Seconded by Kirkham. Upon a voice vote� there being no nays� the motion carried unanimovsly. Ironton Street (East River Road to R. R, Tracks) Mayor Nee announced the consideration of Ironton Street from East River Road to Railroad tracks. City Engineer Qureshi indicated the ares on the map for those present. Mayor Nee inquired if there were anyone present who Wished to be heard. A Mr. Bailey inquired what w�uld be the size � oY the road and what would happen to the water on the East River Roed end becau�e it all ran down to his well. City Engineer Qureshi replied it would be taken care of on the storm sewer and run to the creek and the road would be 31 ?eet to the back of the etarb. The question was raised as to the size of the culvert to be put 3n to the creek. City Eng3neer Qureahi replied the de�ign was not completed. The resident further stated he had had the building inspector establish the grade for his house and it was now two feet above the road. Mayor 1Vee replied with the curb it would control the run ofi of water and requested the resident expla3n to the City Manager the following day just what the J � � � Council could resolve and inqu3red if the resident had a preference as to the kind of curb. There was no preferenae given. Motion by Kirkham to anthorize the iinal plans and specifications on Ironton Street (East River Road to R. R. Tracks) w3th concrete curb and gutter to be installed. Seconded by Wright. Upon a voice vote� there being no nays� the motion carried unanimously. 77th Way (East River Road to R. R. Tracks) Mayor Nee announced the item under consideration was 77th Way or � Avenue from East River Road to the Railroad traeks. City Engineer Qureshi indicated the area on the map. Mayor Nee inquired if there were anyone present who wished to be heard on the proposed improve- ment. There was no one present, in favor oY or iu opposition to the improvement. Motion by Johanson to authorize final plans and speciYications for street improvement 1964-1 ior 77th Way ��est River Road to R. R. Tracks) with concrete eurb and gutter. Seconded by Kirkham. Upon a voice vote} there being no nays} the motion carried unanimously. 52nd Avenue (Taylor Street to T. H. �65) Mayor Nee announced the consideration of 52nd Avenue Yrom Taylor Street to Highway #55. City Engineer Qureshi indicated the area on the map Por those present. M�yor Nee inquired ii there were anyone preeent who wished to be heard on the item. There was no one present opposed or in Yavor oi ihe improvement. Moi3on by Wright to authorize final plans and specificationa for street improvement 196�+-1 on 52nd AvenWe (Taylor Street to T. H. #65) with concrete curb and gutter. Seconded by Sheridan. Upon a voice vote� there being no nays� the motion earried unanimously. 7th Street (Miss3ss3ppi to 67th Avenue N. E,) Mayor Nee announced the consideration of 7th Street from Mississippi Street to 67th Avenue (Resurfaee). Mayor Nee inquired if there were anyone present who wished to be heard on the mentioned item. Mr, Ray Ander�mn, resident� stated he wished to know if this item was petitioned for and the size of the street proposed. Mayor Nee replied it was not petit3oned for and the size Df the street would 6e 31 feet. Mr. Anderson stated thet in the first street the contractor� Mr. Zametti, had never iinished the street and the city crew had been trying to fill it in and can't keep it maintained and after the latest storm sewer that went through and they Here assessed for, they don't want this street. Councilman Wright inquired of Mr. Anderson if he objected to the condtt3on and to the improvement. Mr. Anderson replied he did as they had paid fox the street when the storm sewer went in. Mr. Jim Thayer stated the street wae paved from Mississippi to 6th Street and there was no street from 66th to 67th until the developers came in and when they put the storm sewer through to dra3n Ghristie Addition� they put a road bed through and all theq @id wss put a thfn oil coat on it, He further stated they used the street for two years only and had paid for it for five years, that they hadn't had a chance to use it the firat time. Mr. Anderson inquired if their road wouldn`t be a Countq Road. Meyor Nee repiied not that part of it. AnotheY resident interjected to state they had no water services on 66th Avenue and it should be held up until the water lines were installed. Mr. Thayer informed the City Council he ielt the big thing about the road was that it was a swale and the bvs runs over the corner lot. Mr. Harold L. Sullivan of 522-66th Avenue Idortheast stated he wished to go on record as opposed to the improvement. Mr. Dale Moss o� 490_ 67th Avenue Northeast stated he wished to go on reeord as in favor of the improvement. Mr. Reymond Habel of 392-66th Avenne Northeast asserted he owned the bus stop on this particular corner and his lot � � � �� was diminishing, the payment for same was not and if' it was at all possible be wished to strongly suggest the bus be taken off the street. He further asserted Mr. Sullivan was the only person on the street who used the bus regularly and he personally did not see any sense in living in a suburban area and puttiiig up with this type of trans- �vrtation as long as they dan't use the streets. Mayor Nee replied that perhaps the City Manager could make a request to the bus com- pany with regard to their driving on lawns as their drivers turn � corners. Mr. Moss stated everyone agreed that 7th Street was in very bad shape� that there is some complaint but this didn't change the fact and he was still in favor of the resuxfacing. Mr. Jim Thayer stated he was opposed to the resurfacing� that the city hadn't maintain- ed it properly and it didn't seem the residents should be saddled with an extra assessment. Mayor Nee reported an approximate pr2ce to the residents for resurfacing. Mr. Anderson replied this was too much money. Motion by Johanson to delete from Street Improvements 1964-1 the area known as 7th Street (Mississippi to 67th Avenne N. E.). Seconded by Kirkham. Upon a voice vote� there being no nays� the motion carried unanimoasly. 66th Avenue (Lucia Lane to Channel Road) Mayor Nee announced the reconsideration of 66th Avenue from I,ucia Lane to Channel Road for discussion purposes. The City Manager ex- plained to the City Council the City hed a 50 foot right-of-way and it was dropped the previous year� that Don Anderson, builder� did propose to pay for half of the street and the area between Pierce Street and Channel Road should be paved but the item should be laid over until the Streets and Utilities Committee had studied it as they had felt it was a necessity to keep a right-of-way and suggested that� very possibly, the City Cpuncil could delete a portion from � Pierce Street to Lucia Lane until the decision to vacate is finally made. He further explained the suUdivider had some plans and he was willing to pave the thirty foot str3p but the problem that arose was that the people on the Plorth side didn't want to pay the assessmetzt on the other half of the road as it was a differetltaddition. The City Mana�er stated it would be up to the City Attorney and the Clty Council to make a decision. A resident stated there was a house on the end facing South and another facing Channel Road� that one family is in the process of selling and the other was not known. Mayor Nee inquired if it was the feeling of the people they wanted the street paved from Channel Road to Pierce Street. It was 3nquired who would pay the assessment. Mayor Nee replied it would go against the indiv3dual properties and it would be up ta them and the builder from there. The City Manager explained tHe builder, Mr. Don Anderson, had said he would put in the South half of the street, 16 feet wide with curb� and he feels if the other portion is done it shou7d be assessed to the people on the North hali of the street� that the City did have a letter stating he would put in the South half of the Street. Mayor Nee asserted the City Council would not mislead the residents in that they could not take the responsibil3ty for the collection of the assessments. The Finance Director gave the approximate costs for the area as heing $2.11 per foot with concrete curb and gutter for the irontage of the lote on either Channel or Pierce and �9.61 for one- third of the side yard; with asphalt ewrh and gutter the price was quoted as $1.63 per foot for the frontage of the lots and $7.43 Yor one- � th3rd oP the side yard and explained this was not a fi�ed foxmula and could be changed. A resident inquired that as the City had rejected the contractor's original offer� couldn't the City make him do it and wasn't this a part of his original addition as originally laid out. Mayor Nee replied it was not certain or safe to assume this could be done. City Attorney Smith explained the benefit that the City had was the letter Mr. Don Anderson had written and had co�nitted himselP to the city� that �his was an admission by himself of liability and it would be relatively essy to raeke him responsible. Mayor Nee inquired if there were an expression of whether or not the residents �� wanted the paving done. It was stated the residents did and with asphalt curb and gutter. Motion by Johanson to authorize final plans and specifications on 66th Avenue (Lucia Lane to Channel Road) with asphalt curb and gutter. Seconded by Sheridan. IIpon a voice vote� there being no nays� the motion carried unanimously. A resident requested they refer again to LUCia Lane and Pierce Street. � He stated all the water in the area drains into a vacant area and the residents wanted to do somethin� with it and have it iixed� that if there was no road, they planned to put a park there and fence it in and this was what they wanted to see. Mayor Nee replied a decision would be reached on the item as quickly as possible. The question was raised why the area had been raised fo±� surfacing if no one had studied it in the first place. Mayor Nee replied it had been studied by the Streets and Utilities Committee but there had been a reeom- mendation from the Planning Commission not to vacate it at this point. Another res3dent stated the administration was supposed to have pulled the minutes of the meeting where this matter had prev3ously been discussed, and ii there wasn't a dedication� Mr. Don Anderson had said it was an old easement. Councilman Sheridan replied the area in ques�ion was a dedicated street and it would have been deleted from the final plat. It was mentioned Mr. Anderson had a plat in his office that indicated �ahat the residents were saying. The City Manager stated the City did show a 50 foot right-of-way between Lucia Lane and Channel Road on 66th Avenue. It was mentioned Mr. Anderson had told the residents the city had promised to vacate th3s area. Mayor Nee declared the Publac Hearing on Improvement Streets i964-1 closed. PiTBLIC HEARING ON IMPROVEMENT - SW #67: � Mayor Nee annovnced a Public Hearing on Improvements, Sewer and Water Project �67 and read the off3cial Notice of Hearing. It was f�irther announced the items listed would be taken separately. Fireside Drive (Central Avenue to Ha es Street) Ha es Street (Fireside Drive to 75th Avenue Mayor Nee announced the consideration of Fireside Drive from Central Avenue to Hayes Street and the Finante Director indicated the area on the map for those present. Mayor Nee inquired if there were anyone present who wished to be heard on the improvement. There was no one present opposed to or in favor of the proposed improvement. Dalberg Terrace - MeKixzley Street, Arthur Street, etc. Mayor Nee announced the consideration•of Dalberg Terxace, McKinley Street, Arthur Street, etc. The Finance ➢irector indicated the area on the map for those present, Mayor Nee inquired if there were anyone present who wished to be heard on the improvement. A resident inquired what was meant when the word "adjacent" was used and would be assessed again. Mayor Nee replied tbis resident would not be assessed again� that the City does publish for a larger area than would be assessed. There was no one present in favor of or in opposition to the improvement. Riverwood Manor from 71st Way and Riverview Terrace � Mayor Nee announced the consideration of Riverwood Manor P1at. The Finance Director indicated the area on the map for those present. P_ resident sbated he was coneerned with Lots 5� 6� and ,7� Block 2� that it appeared they might be low and� if so, were lift stations included and how would they be assessed. Mr. Ice Comstock, consulting engineer, replied there were three proposals studied for this area and it did include the construction oi a lift station and the lateral iatilities� further} that the cost would be borne by the entire project. Mayor Nee related the approximate prices for assessments. Those persons present were in favor of the improvement. There was no one opposed to the impcovement, �� East Service Drive, East River Road, Hillcrest Addition Mayor Nee announced the consideration oi East Service Drive� Bast River Road� Hillcrest Addation. The srea was ex_plained. Mayor Nee inquired if there were anyone present who wished to be heard on the improvement. A resident from the area stated they had attempted to get two lots re- zoned and had been told it couldn't be spot,zoned, that they dzdn"t feel they could put in sewer� water and storm sewer when they could not even get a permit for a cesspool. Mayor Nee replied if they had been having trovble they should return and discuss the matter with the City � Nlanager. Mayor Nee inquired if there wexe anyone else who wished to be heard on the project, Mr, Sprungman was present and stated both sewer and water services should be put in, Central Avenue - West side only (330' South from 73rd Avenue) Mayor Nee announced the consideration of the property bounded on the north by Osborne Road� on the west by T, H. #65, and an the east by Central Avenue and on the south by Fireside Drive. Mayor Nee inquired if there were anyone present who wished 1,o be heard w3th regard to the improvement. There was no one present in favor or in opposition to the proposed improvement. Water Lateral and Service Connections - Washineton Avenue N. E /� v auu ��u n caiuc i�. u. Mayor Nee inquired if there Were anyone present who wished to te heard regarding the improvement on the water lateral and service connections on Washington Avenue Northeast between 57th Avenue and 58th Avenue. Mr. Ice Comstock� consulting engineer, explained this was one of the items that was included on the addendum the City Council had authorized. There was no one present in favor oi or in opposition to the proposefl improvement. Councilman Wright stated the residents had not been notified by mail and was told by the City Manager it wasn't in the ori�inal resolution ordering prelim3nary plans. City Attorney Smith inquired if the petition had been complete. The City Manager replied it was Petition #14-1964. The Finance Uirector explained that 50� � of the owners signed the petition and this included only 10� of the land. City Attorney Smith informed the City Council the proceedings would then be invalid. Mayor 1Vee stated tha+ Construction Item B, Water Lateral and Service Connections - Washington Avenue Northeast between 57th Avenue Northeast and 58th Avenue Northeast would be deleted. Sanitarv Sewer and Service Connections - Mayor Nee inguired if there were anyone pxesent who w2shed to be heard regardin� the improvement on the Sanitary Sewer and Service Connectionsa Central Avenue, 330 feet south £rom 73rd Avenue N, E. (west side). There was no one present in favor of or in opposition to the proposed improvement. Mayor Nee declared the Public Hearin� on Improvement, Sewer and Water #67 closed. PUBLIC HEARING - REZONING TO CORRECT ORDINANCE #116 - BALCO, INC,: Mayor Nee announced a public hearing on rezoning to correct Ordinance #116 ior Balco, Ine. The City Manager explained to the City Council the Planning Commission had held a public hearing on this item and the � motion had been to reco�end approval to the City Council. The City Manager read the Noiice of Hearing. Mayor Nee inquired if tHere were anyone present who wished to be heard with regard to the question. There was no one present in favor of or in opposition to the proposed rezoning. Mayor Nee declared the pnablic hearing on the rezoning to correct Ordinance �116 by Balcoi Inc., closed. Motion by Wright to accept the first reading of an ordinance to amend the City Code of the City of Fridley, Minnesota by making a change 10 in zoning districts �y Ba1co, Inc. Seconded by Sheridan. Upon a roll call vote, those voting aye, Nee, Sheridan� Wright� Kirkham� Johanson. Those voting nay, none. The motion carried unanimously. OLD BUSIPIESS: EXCAVATORS PERMIT (TABLED 12/6/63, 4�20�64, 5�4�64): Mayor Nee announced the item for Council consideration was the Excavators � permit which had been previously tabled three times and inquired if there were anyone present on the item who wished to be heard, The'City Manager explained to the City Council Mr. I J. Oakes of the Plumbers Union and Mr. Millard from the Plumtrers Association had both looked over the resolutian previously prepared ;�nd thought it was satisYactory; that he had not heard from Mr. W. Freeman� excavator. Councilman Sheridan stated the resolution was nothing more than they were do3ng at the present time. The City Manager replied ex�t that it would $efer the fee until the work was actually dne. Councilman Sheridan asserted that it was his opinion that from an administrative standpoint, the City Manager would prefer to see the Excavators License. The City Manager replied he would but it was a legal problem, Councilman Sheridan stated the City Council had adopted the State Code� and they could now amend it in any way that they wished and could amend it to allow the excavators to do exterior work. Gity Attorney Smith explained that was true except that the State does provide the work has to be done by a plumber and it is a State Law; that if they were to do this they would '6e violating the law. Mayor Nee inquired if there were any other way the problem covld be solved. City Attorney Smith replied there was not� that this resolution solved the practical problem. Councilman Sheridan inquired how it was possible ior other commun3ties to allow thi�; �nd merely amend the eode they have adopted which according to State Law is acceptable. City Attorney Smith replied the langctage was very strong in the State Law and the City Covncil � couldn't possibly do anything e1se. The City Manager explained the resolution, as presented� would authorize the Building Department to defer payment until the work was actually done. Mr. Charl.es Johanson, builder, stated there were quite a number of smaller communities elimirat�ng the outside work from the State Plumbing Code. Mayor Nee inquired if these were over 5�000 population and was told they were. Mr. Johanson explained the Building Inspector had the necessary infor- mation on the item and it ws,s now being worked on to drop that part of it� that the only people against this are the plumbers union. Mot3on by Johanson to table until the next regular meeting the consideration of the Excavator's Permit. Seconded by Kirkham. iTpon a voice vote, there being no nays� the motion carried unanimausly. LYNDALE BUILDERS 6TH ADDT220N PARK DEPOSIT (TABLED 5/4/64): Mayor Nee announced the item under consideration was the park deposit for Lyndale Bvilders 6th Addition. The City Manager requested that the City Council table the item and stated he hoped to have the item resolved by the June 2nd me8ting. Motion by Kirkham to table until the regular meeting of June 2nd, 196� Lyndale Builders 6th Addition Park Deposit. Seconded by Sheridan. ilpon a voice vota� there being no nays, the motion carried unanimously. ORDINANCE ESTABLISHING REGULATIONS FOR BEACH (TABLED 5/4/64): � Mayor Nee announced an ordinanee for Council consideration establishing regulations for bathing beaches. The City Manager �ave the first read- ing of an ordinance estaY,lishing regulations for the Municipal Bathing Beaches and to become a part of bhe City CodP as Chapter 77. Motion by Wright to accept as first reading 3n ordinance establishing regulations for the Municipal Bathing Beaches and to become a part o£ the City Code as Chapter 77. Seconded by Johanson. Councilman Kirkham �� ,�_ stated there Were two things he wished to discuss, one being iY�lS under Section 77.03 which stated no child under 12 years of age would be allow- ed on the heach unless under supervision. He explained he had served for three years as a life guard and he was fu11y acquainted with the problems and disliked establishing an age limit like this as he knew of many children of eleven years who were better swimmers than those of sixteen years of age, Councilman Kirkham then referred to �5 under Section 77.03 which stated no person shall swim or bathe in the water fronting any bathing beach outside established hours and stated he did , not feel they should make it absolutely prohibitive other th�n the esta.hl3shed hours. He stated it was his opinion they shouTd make it at the swimner's own risk. Mayor Nee inquired if Counczlman Kirkham wished to amend #2 under Section 77.03 with regard to the artificial floats men ioned in the item and if he felt rt wonld include life jackets. ouncilman Kirkham replied he agreed with this item. Motion by Kirkham to amend Item 5 under Section 77,03 to read "No person shall swim or bathe in the water fronting any bathing beach ex- cept at the bather's own risk. Seconded by Johanson. Upon a voice vote to amend Item 5 under Section 77.03 the motion carried with Councilman Wright opposed. Councilman Wright asserted in defense of Item 5 under Section 77.03t that it was in the age bracket of 12 years and was not with reference to these chil�ren's ability to swim, it was with reference to discipline and control of the children and �ud�ent pF the children. Councilman Sheridan stated his first reaction to Item 5 wasn't favor- able� but that in some discussion with people within the coumrunity, they seem to approve of the 12 years oi age stipulation and the objections he had had previously had been erased. Mayor Nee inquired if there were any iurther discussion on the orig:uizl motion. Upon a voice vote� on the original motion to aceept as first reading an ordinance esta6lishing regulations for the Municipa7. Bathing � Beaches and to become a part of the City Code as Chapter 77, as ameudad� there being no naysa carried unanimously. BENNETT BUILDING PROPERTY (TABLED 4/20/64): Mayor Nee announced the consideration of the purchase of the Bennett Property and explained there was a recommendation from the Ci-�y Mana�er. The City Manager explained to the City Council this proper- ty, in quest3on� had no particular merit to them at this time only if the City Council is planning any future development, they might want to consider the possihility of reserving the right to it for enough time to do some more study on the entire site. He further explained that he had not talked to the owner. Councilman Wright inquired if this site was immediately ad�acent to the City Hall site as proposed by the Study Group. 2'he City Manager replied there was a lot in between which the City could purchase for $2�d00.00 and it would appear very realistic to purchase that if they dec3de$ to do something in the flxture. It was explained by the City Manager the owners wanted to do some building in the area and unless the City would ask for some delay, they would go ahead, that he could not make any recommendation. Motion by Johanson to concur with the memo received from Les Chesneyy Superintendent of Puhlic Works and not rent or purchase the Bennett � Building and Property. Seconded by Kirkham. Upon a voice votea there being no nays, the motion carried unanimously. NEW BiTSINESS: BOARD OF APPEALS MEETTNG MINVi'ES, MAY 6, 1964: ON A REQUEST FOR A VARIANCE FROM SECTION � �'� FROM 10 FEET TO 8 FEET TO YERMIT CONSTRUCTION OF AN Mayor Nee announced ior Council consideration a-request for a variance by waiver of a side yar� requirement. The City Manager explained the request was for a si3e yard variance to permit constxuction of an addition, that there would be approximately 26 feet between the two houses if the variance was granted. Motion by Johanson to concur with the recommendation of the Board of Appeals and grant the request for a variance from Section 45.23 c�ty of Fridley� Minnesota 1963 by waiver of the side yard requirement from 10 feet to 8 feet to permit construction of an addition to the existing structure vn Lot 6� Block 4, Moore Lake Hills Addition, Anoka County� Minnesota same being 1357 Hillcrest Drive Northeast by Randolph G. Larson. Mr. Larson waa present and explained to the City Council their would be 18 feet between the two houses after the addition� that the property Y�ad been surveyed and this was the correct figure. Mrs. Watlov of 1355 Hillcrest Drive Northeast was present in opposition and stated ii one looked at the iront of the house it was 17 and 2�5's feet� that at the first meeting it was stated there was not enough room for this addition and the chairman of that particular board was a one man board and sways the committee. Mrs. Watlov further stated they had a beautiful neighborhood and don't like to see homes to close. Mr. Larson asserted the Watlov's property was built within 1 1�2 feet of their other lot line and it Was necessary for them to buy three additional feet in order to meet the five foot requirement for a garage� that tY;ere are other buildings in the area that are closer and the area between the houses is not a yard area, it is a partial hill and a hedge between the properties. Mr. Larson stated it was the consensus of the people on the co�nittee that it would be an improvement in putting up a better or more expensive home. Mrs. Watlov stated she wanted to know why Mr, Gabrick thought, at one meetingy it wasn't right and at the next meeting he thought it was; further� that this was not recorded in the minutes. Mayor Nee inquired if the addition was with a garage. Mr. Larson replied the plan was to add a single garage below and bedroom space above. Mrs. Watlov inquired of the City Council why there was a City Code if it were not followed, that some of the neaghboxs had wanted to get a petition and she had disconraged this sort of thing. St was further mentioned by Mrs. Watlov they hQd felt if they sold their home and anyone wanting to buy a home in their price range would not want to buy a home with others so close, Coun- cilman Wxight inquired of Mrs. YTatlov if that portion of her home next to Mr. Larson's was a two story home and was told the Watlov's had e one story home. The question was raised on discussion why landscaping hadn't been mentioned. Mr„ Larson replied landscaping didn't enter into this at all� that at was strictly a matter of the houses and there is a six foot slope down. Mayor Nee inquired iP the Watlov home was on the same level as the larson home and was told it was possibly a foot lower. The original motion by Johanson to aoncur with the recommendation of the Board of Appeals and grant the request by Randolph G. Larson was seconded by Wright. Upon a voice vote� there Ueing no nays� the motion carried unanimously. Mayor Nee expressed apologies to Mrs. Watlov but explained that if a variance of two feet is questioned� it wasn't much. PLANNING COMMISSION MEETING NffNUTES, MAY 6, 1964: PUBLIC HEARING: REZONING, ZOA �64-05. �ISEN'S MARKET, INC.: LOTS � , r �� Mayor Nee announced a public hearing for cauncil consideration on the rezoning of Theisen's Market� Inc., Lots 13 through 16, Block 3� Rice Creek Terrace� Plat #2, the rezoning request to be from R-1 to C-1S, The City Manager explained to the City Council the recommendation by the Planning Commission had been to deny the request for rezoning and explained there was a petition opposing this rezaning signed by �+2 people but did not know how many owners this represented as both husband and wife had signed. � Motion by Kirkham to concur with the recommendation of the Planning Commission and deny the rezoning request, Z,oA #64-05, Theisen"s Market� Inc.� I,ots 13 throUgh 16a Block 3� Rice Creek Terrace Plat #2. Seconded by Sheridan. Mr. CliPford Wellman, attorney for Theisen"s Market, Inc.� was present and introduced himself, stated he had hoped that prior to this he would have had an opportunity to speak. Mr, Wellman explained that he was the attorney for Mr. Theisen' that they had been at the Planning Co�ission meeting the Thursday previoUs and had given a background on what their poeition wasa that aiter having listened to the comments of the Planning Commission he had been gratified by the remarks of Planning Commission Member Mr.Glenn Thompson� particularly and concurred ia many things he had said. It was explained by Mr. Wellman that the one primary thing was that the intersection o� 65th and University Avenue is probably the hub of the commerc3al area and the way Fridley is expanding and the contemplated expansion would indicate the hub will not carry the co�ercial that is reasonably anticipate@ if there is going to he the population explosion that is antieipated. Mr. Wellman stated he was certain the City Council knew what happened to businesses and how they expand and cut off avenues and streets and Fridley was thankfully gett3ng the best of a co�ercial development. It was iurther stated by Mr. Wellman thatr in his experience� there is never enough commexcial development but in the interim period, his client was placed in a peculiar position, he had half of his property commercially zoned and is priveleged to put � his ne� market on the portion but by the same token anyone could look across the street and know how inadequate a supermarket would be on that carnera then there are no other stores to compliment it. He explained they had suggested they were not in a position to say what they wanted to do except to say the would go Northerly, west with the view in mind oi adding complimentary enterprises� that it would be foolish to say what they wish to put in because the only time to do these things is after the leases were ohta3ned. Mr. Wellman asserted the plans would be projected and take their normal state of affairs, that if they did put up a market on that portion that is commercial they would stand alone and it was of no particulax valve �'or the simple reason it won't carry its own weight unless some complimentary version could be put in. Mr. Wellman stated he could understand that the properties across the street may increase or decrease in value and there was also some suggestion as to whether the commercial should end at 66th Avenue or should be projected Northerly on 66th but, in the interim, they wished to build� that this property is owned by Mr. Theisen's corporation and is not in the hands oi any realtors or pro- ject developer and that Mr. Theisen now has a Warranty Deed on his property and Nished to build this new market as the property was bought for that purpose. Mr. Wellman indicated he personally felt this was the hub of the city and Mr. Theisen was willing to spend his �r,oney to erreet this enterprise for the people but, somehowa everything is always thwarted� that there is an opportunity to start increasing tasation and benefits that will accrUe with the potentiality. The ' Planning Co�nission� it was related, thxough Mr. Glenn Thompson, particularly,had indicated the co�ercial area would have to be consider- ed and Mr. Charles Johanson had indicated they were not choice residential lots to be rezoned. The question was raised what kind of a residential affair they were going to have facin� North on 66th Avenue and wha would be willing to purchase that property and pay the price those lots would have to te sold at. Mr. Wellman stated he felt the City Coancil would be starting a blight area at the corner of 66tn and University and the houses on 66th Avenue would �uffer from this also� that what they were talking about was progress and about a tax base and the ent3re City of Fridley. � � � Councilman Sherzdan inquired if Mr. Wellman was implyin� that the Theisen Corporation was not interested in building their new market without the rezonin�. Mr. Wellman replied this was correet, ior the reason that was stated� that they feel this;�a project and need the additional commercial as one will compliment the other. Mr. Bernard Wolke, resident, was present and requested to be heard. He explained this rezoning request had come up before when he had been a council- man, that he had been for the rezoning and still was, that it was unrealistic to think anyone would buy that land an build single family dwellin�s on it and unless the area were rezoned the City might end np with a service station or a root beer stand as anyone can hold a piece of property �ust so long. Mr. Wolke further explained s complex of stores would look much better than any service stetion as that would be a parking lot for junk cars. Mr. Jim 3'hayer, stated he was a property owner and had a valid interest in this item� that he didn`t see any reason why he should be subjected to a material reduction in the value oi his property, that the Planning Co�ission denied this request because it was spot zoning and the Planning Goimnission had said the entire area should be rezoned. Mr. Thayer ft�rther stated the residents were all proud of the street and had tried for ten years to keep it properly and didn't Yeel they should 6e subjected to a spot rexoning on that part3cular area. In addition� it was asserted by Mr. Thayer, at no time had the lots been cleaned up by the owner� that the people had tried to maintain it and they didn't feel they had a good neighbor. A resident requested to he heard and stated he was not attempting to argae any of the items mentioned but did take a certain amount of oifense when someone could stand in front of the City Council and say individuals are not important when it comes to progress� that when people get to a point to sacrifice five or �ix home owners for a large firm� they had gone.a long Way down the wrong side of the road. Councilman Wright inquzred of the City Manager why the Planning Commission didn't table the item to a later meeting. 2'he City Manager replied they had not proposed this particular area for immediate stixdy and had felt the denial should be made. Councilman Wright ind3cated the item should be coordinated and rezoned eventually. Mrs. Donald Bennethum� resident, stated she would be affected most and couldn't see that it would revert to a blight area� that the neighbors felt that iay bringin� a shopping center in and having all the traffic down the street that this would not enhance the city in any wey plus they wovld suffer the most noise, dirt and further stated ha property would lose valuation. Mayor Nee indicated to the C3ty Council a motion to re-referthe item to the Planning Commission would take preferenee. Councilma,n Wr3ght stated he wished to have the matter diecussed thoroughly and it should be re-re£erred to the Plannin� Commission and they should give a recou�endation of what parts will and should become conmiexcial and residential and the City Council could then take action. Motion by Wright to re-refer the Rezoning Request� ZoA #64-05, �'1�eisen's Market, Inc.,, Lots 13 through 16� Block 3� Race Creek Terrace Plat �f2 to the Planning Comm3ss3on fnr in clusion in an integrated study of this area. Seconded by Johansono Upon a voice vote� there being no nays� the motion carried unanimously. HEARING: PROPOSED PRELIMINARY PLAT, P. S FRANK GIRDLER: LOT 10 AND 11. EXCEPT TfIE FEET Mayor Nee announced for Council cons3deration a preliminary plat of Girdler Terrace. The City Manager read to the City �ouncil the recommended approval by the Planning Co�issioh. � � �__J C� Motion by Johanson to accept as preliminary plata P, s. #fi4-o9, Girdler Terrace, Frank Girdler, Lot 10 and 11, except the Northwesterly 40 feet front and rear� Block 2� Moore Lake Hills and order a public hearing. Secnnded by Kirkham. Upon a voice vote, there being no nays� the motian carried unanimonsly. P. Mayor Nee announced for Council consideration a preliminary plat of Gailsview Addition. The C3ty Manager read to the City Council the reco�ended approval of the Planning Commission and explained this was the former Majewski property. Mot3on by Wright to accept as preliminary plat, P. s. #64-05, Gailsview Addition, Wayne Stewart� a replat of Block 1, E 1�2 of Block 2a Berlin Addition, and order a public hea.ring. Seconded by Kirkham. Upon a voice vote� there being no nays} the motion carried unanimously. PUBLIC HEARING: REZONING REQUEST, ZOA #64-07, BALCO BUII,DING SYSTEMS; Mayor Nee announced for Council conszderation a rezoning request 6y Balco Bvilding Systems. The City Manager explained to the City Council they had already passed the first reading of the ordinance relating to this rezoning request. There was no ection nebessary. WALTER MACIASZEI{: BLOCKS 2 � The City Manager read to the City Council the recommended approval of the request ior an a11ey vacation by Walter Maciaszek and explained if they concurred they would order a public hearing and the Chairman oi the Streets and Utilities had checked on garages and driveway� etc. Motion by Sheridan to concur with the recommendation of the Planning Commission regarding the approval for a11ey vacation� SAV �61+-0�+ by Walter Maciaszek, Blocks 2 and 3, Oak Grove Addition and order a public hearing, Seconded by Johanson. Upon a voice vote, there being no nays, the motion carried unanimously. SAV #64-05� ALLEY VACATION, DAVID SCHMEDEKE, ET AL: ALLEY 0 S TH AVENUES SETWEEN UNSVERSTTY AND'FOIIR2'A STREE`S: The City Manager read to the City Council the reconunended approval of the request for an alley vacation by David Schmedeke, et al and _ explained that Mr. Bergman of the Co�nission had checked the situatrion before approval. Motion by Johanson to concur with the recommendation of the Planning Commission regarding the approval for alley vacation, SAV #61+-05 by David Schmedeke� for the alley from 57th to 56th Avenue between University and Fourth Street and order a public hearing. Seconded � by Sheridan. Upon a voice vote� there being no naysa the motion carried unanimously. S. 4-Og ARVID CARLSON & SON INC.: S. -10 ARVID CARISON & SON INC.: S. -11 ARVID CARLSON & SON INC.: S. -12. ARVID CARLSON & SON. INC.; �� !�� Mayor Nee xnnouneed for Council consideration four lot split requests by Arvid Carlson & 5on, Inc. The City Manager explained to the City Eouncil these had been given consideration together by the Planning Cosr�ission 3n their recommended approval; also� that this problem had been partially caused t�y* a change in the highway right-of-way. Motion by Wright to coneur with the recommendat3on af the Planning Commission and approve Lot Split, L. s. #6�+-09, Arvid Carlson & Son, Inc., being that part of Lot 5� lying south of the north 87 � feet thereof aa measured along the west line thereof; Bot 6� and the north 35 feet of Lot 7 as measured along the west line thereof, in Block 1, Carlson's Surmnit Manor Annex; also� Lot Split� L. S. �64-10� Arvid Carlson & Son, Inc.} bein� that part o£ Lot�4� lying south of the north 27 feet thereof as measured along the west line thereoi and the north 87 feet oi Lot 5� as measured along the west line thereofy Block 1, Carlson's Suffinit Manor Annex; also, Lot Split, L, S. #64-11, Arvid Carlson & Son� Inc.� laeing that part of Lot 2� lying south of the north� 70 ieet thereoY as measured along the west line thereoP, Lot 3 and the North 27 feet of Lot 4� as measured aiong the west line thereof, except that pert lying with the R�W of T. x� #56, Block 1, Carlson's Snmm3t Manor Annex: also, Lot Split, L. 9. #64-12y Arvid Carlson & Son, Inc., being Lot 7, and the North '�0 feet of Zot 2� as measured along the west line of said Lot 2� except that part thereof lying within the R�W ot' m. x. #56, in Block 1� Carlson's Summit Manor Annex, Seconded by Johanson. Upon a voice vote� there teing no nays� the motion carried unanimously. Mayor Nee introduced Senator Charlie Ruud to the City Council and those present. The Citv Manager read to the City Council the reco�ended approval o£ tha proposed preliminary plat of Meadowmoor Terrace 2nd Addition and explained this item had been referred back to the Planning Cosermission by the City �ouncil at the la�t meeting because they were concerned about the street that ended at the edge of this plat. It was further explained the Planning Comtnission felt they had stvdied this thoroug�ly and their recoirmmendation was sound and that the' street in question should be �here it was proposed to be and the problems South of that would be re�olved. Motion by Sheridan to concur with the recommendation of the Planning Commission reco�nending the proposed preliminary plat� P, S, #64-04� Meaflowmaor Terr�ce 2nd Addition by Bernard Julkowski bein� the N. 163.64' of the 5. 551' front and rear of the NW 1��+ of Section 12 and order a public hearing. Seconded by Kirkham. Upon a voice vote, thare heing no nays� the motion carried wnanimously. CODE TO T�TTCREASE AREA SIZE AND FIREPR00�'TNG OF � The C3ty Manager explained to the City Covncil the recommendation of the Planning Comm�ssion and stated there was a question as to whether ar not the word3ng in Section �6.028 was sufiicient to provide a fire � wall if there wexe a basement in a double bun�alow and that at least one member oi the Planning Commission had lived in such a 6uilding and suggested the City Attorney rephrase the amendment to include there will be fire wa11 in the basement of double brangalows. Motion by Johanson to concear with the recommendation of the Planning Conunission and refer to the City Attorney an amendment to the City Code to increase area size and fireprooiing of double bungalows, Sectian 46.028 and mnend Section 45•31 directing him to rephrase the amendment so that� if there is a basement� it will be separated by a fire wall and return to the Council floor June 2nd, 1964. 5econded by Wright. Upon a voice vote, there being no naysa the motion carried unanimously. The City Manager stated he had a letter which couldn"t be brought to the Council unt31 ihey had approved the preliminary plat of the Gailsview Addition. The co�unicat�on was read aloud by the C�ty Manager in which permission was requested to negotiate with Columbia ' Heights for water and sewer services and stated they eo2a].d get permission. Motion by Wright to grant permission to Wayne A. Stewart of 3239 - 41st Avenue South, Minneapolis 6, Minnesota to negotiate with Coivmbia Heights for water and sewer services to serve his property located in the area. Seconded by Sheridan. Upon a voice vote, there being no nays, the motion carried unanimovsly. SAFETY COMMITTEE MEETING MINUTES, MAY 6 Mayor Nee announced the minutes of the Safety Committee Meeting for Council approval. Motion by Wright to receive and file the minutes of the Safety Committee Meeting held May 6, i964. Seconded by Sheridan. Councilman Sheridan stated if the chairman of the Safety Committee needed assestance rege.rding the cadmium poisoning and any publicity regarding same, the administration should 6e of some asaistance. Upon a voice vote� there being no naysa the motion carried unanimausly. RECREATION COR'II`ffS5I0N MEETING MINUTES, APRIL 26, 196�F: �jaqor Nee announced the minutes oY the Recreation Commission Meeting � for Council approval. Motion by Johan�on to receive and iile the min- utes of the Recreation Commisaion Meeting held April 26, 196�. Seconded by Wright. Upon a voice vote, there being no nays, the mot3on carried unanimously. COMMUNICATIONS: BOARD OF AEALTH: ACTNITY REPORT: Mgyor Nee annouuced the coffiunication from the Board o£ Health for Council approval. Motion by Johanson to receive and file the Board of Heslth Activity Report. Seconded by Kirkham. Upon a voice vote, there being no nays� the motion carried unanimously. MUNICTPAL LEAGUE: CONFERENCE: Mayor Nee announced a co�unication from the League of Minnesota Municipalities regarding the 50th Annual Convention and requested to again be reminded by the City Manager at a later date, Motion hy Wright to receive and file the communication from the I,eague of Minnesota Municipalities. Seconded by Kirkham. Upon a voice vote� there being no nays� the motion carried unanimously. � CITY ATTORNEY; CHAMBER OF COMMERCE MEMBERSHIP Mayor Nee announced for Council consideration a communication from City Attorney Smith xegarding the Chamber of Commerce membership. Mayor Nee stated that� on reflection� the opinion of the City Attorney would be true. � � rr �� Motion by 4lright to receive and file the communication from City Attorney Smith regarding the Chamber of Co�eree Membership. Seconded by Sheridan. Upon a voice vote, there being no nays, the motion carried unanimously. Mot3on by Kirkham, in view of the opinion expressed by the City Attorneyy that'the City Council rescind the3r action taken at the previous meeting to become a member of the Fridley Chamber oY Commerce. Councilman Kirkham stated he wished to be the first member of the City Council to join the Chamb�r of Commerce as a private citizen. Seeonded by Wright. Upon a voice vote� there being no nays, the motion carried unanimously. HADDEN: CONNECT7NG T� CITY WATER Mayor Nee announced a communication from Arthur Hadden requesting permiasion to connect to city water. The Finance Director explained to the City Council it would 6e a matter of charging him a fee. Motion by Wright to authorize the City Manager to enter into such negotiations as necessary to permit Arthur $adden of 4441 Main St. N. E., Columbia Heights to conneet to city water. Seconded by Kirkham, Upon a voice vote, there be3ng no nays� the motion carried unanimously. TAX S2'(TDY GROUP:, GOLF COURSE Mayor Nee announced a co�unication £or Council consideration regard- ing the proposed golf course from the Tax Study Group. Motion by Johanson to receive and file the communication from the Tax Study Group regarding the proposed golf course. Seconded by Sheridan. Upon a voice vote, there being no nays� the motion carried unanimously. ANOIfA CpUNTY: STINSON BOIILEVARD Mayor Nee announced for Counc3l consideratimn a co�nunieation from Anoka County regarding Stinson Boulevard and stated the letter was with reference to some contacts the City of Fridley had made 3n this regard. Motion by Johanson� to receive and file the communication fram Anoka County regarding Stinson Boulevard. Seconded by Wright. Upon a voice vote� thexe being no nays, the motion carried unanimously. STANTON & ASSOCIATES: SURVEY Mayor Nee announced a co�unication �'or Council consideration from Stanton and Associates regarding a salary survey. Motion by Sohanson to receive and file the commun3cation from Stenton and Associates with regard to a salary survey. Seconded by Wright. Upon a voice vote, there bein� no nays, carried unanimously. MEMO: BAS,ANCE OF SS #5 CONSTRUCTION Mayor Nee announced a memo from Mr. Comstock� consulting en�ineer,, regarding the balance of Construction for Storm Sewer Project 5. The City Manager explained to the City Council they were bringing to�ether the balance of a11 of the projects and he had merely asked Mr. Comstock to put this together for Council consideration and any time they w3shed, they could pass a resolution ordering a preliminary report for it, that if they wished to proceed rapidly, they could but it woUld be at their discretion. City Engineer Qareshi explained the area on the map, those with escrow monies, etc.� and Purther explained the West part of Highway �47 is mostly paid. A discussion period was held ' � � �� ,_ , _ , ,. regarding the items as presented. The City Manager inquired of Mr. Comstock if most of the work wasn't done for a preliminar,y report. Mr. Comstock replied the final plans and speeificat�ons were delivered in 1960 on Project #5. Mayor Nee asserted he wished to have the matter returned to tlae Council iloor formally for consideration. Motion by Johanson to receive and file the memo from Mr. E, V. Comstocka � P, E.� with regard to Storm Sewer Froject 5. Seconded by Wrzght. Upon a voice vote� there being no nays, the motion carried unanimously. POVLITZKI: SIGN OFFICE Mayor Nee annoimced for Council consideration an offer to purenase a sign located at 73rd and Hi�way #65 for $10.00. Councilman Sohanson stated it was worth only the $10.00 offered. Motion by Johanson to authorize the sale of a sign to Richard Povlitzki located at 73rd and Hi�hway #65 for $10.00. Seconded by Wright. Upan a voice vote, there being no nays� the motion carried unanimously. MEMO: FENCING WATER PLANT Mayor Nee announced a memo for Council consideration from City Engineer Qureshi regarding the i'eneing of the water plant. City En�ineer Qureshi presented a sketch and stated there was quite a bit of vandalism in the area, that it was felt there was so much money spent on the building� a few thousand dollaxs more wculd make it a show place and wa� reasonable with all the money spent replacing what had been done in damage. The City Manager explained to the City Council it raould cost approximn.tely $8,400,00 for iencing,water � system and sod and outsid� toilet buildzng. Councilman LlrigHt inquired if they were to build permanent park toilet facilitiesa where they wuuld be. City Engineer Qureshi replied he did not know but explained what they were proposing. Councilman Wright stated he felt the City should do both of these items but the Parks and Playgrounds Committee should be consulted as to the facilities. The C�.ty Manager stated there was a total oi 10�+ feat of fencing. City Engineer Qureshi explained one estima.te, as given in the memo, was for the whole property at $6,000.00 and if they would cut it off a little it would be $400.00 less. The figure for fencing was then given by the City Manager at $5�676.00 and he stated there should be a sprinkling system. Motion by Wright to authorize the expenditure of funds listed on the second option of City Engineer Qureshi's Memo #6�-38 with the expend- iture to be $5,676,00 and excluding the sprinkling system. City Attorney Smith informed the City Council the amounts of expendzture were heyond the Charter Limits. City Engineer Qureshi stated they would have to let the b3ds and they planned to use their own employees and park emyloyees but could call for bids on tfie fence. Motion by Wright to authorize the advertising for bids on the materials required to complete the second option of C3ty Engineer Qureahi`s Memo #64-38, Seconded by Johanson. Mayor Nee stated he � dislika3to see this done though it had to be done. City Engineer Qureshi indicated they had expensive equipment there and they have had to pnt in screens but there is always other damage. Upon a voice votea there being no nays, the motion carried unanimously. MEMO: COARdONS TOILET FACILITIES ��0 Mayor Nee announced a memo from City Engineer Qureshi regarding toilet facilities for Fridley Commons. Moti.on by Wright to authorize the advertzsing for bids on Item 2 of City Eng3neer Qureshi's Memo Number #64-39 for construct3on of a 8' x 10' block building on Fridley Commons. Seconded by Kirkham. Upon a voice vote� there being no nays� the motion carried ❑nanimously. Mayor Nee 3nquired regarding the financing of the ' project. The Finance Director replied there was a certain amount remaining in Pro�ect #34. The City Manager stated the money should come £rom the Park Budget. SCHILLIPIGER: INSURANCE Mayor Nee announeed a co�unication from Richard Schillinger regarding the Group i�ealth Plan. 7'he City Manager explained to the City Counci7. this would cost the city $12.00 more per�month and he was Uringin� it to their attention beeanse there ha$ been complaiuts about the big deductions from employees. Motion by Wright to receive a�d file the co�unication from Richard Schillinger regarding Insurance Group Health. Seconded by Sheridan. Upon a voice vote� there being no nays, the motion carried unanimously. VISITORS: Mr, George Norton was present and requested an extension of time on a special use permit for the purpose of obtaining a nursing home. Mayor PTee requestec a letter from Mr. Norton and the matter to be re- turned to the Council floor. Mr. Charles E. Johanson� builder� was present and stated he wished ' to knaw what taas going to be done about 69th Avenue in ftoliday Hills, that there is an entry to the park and they wished to have the street paved. The City Manager explained to the City Council the problem was that the developers wanted to pave the streets in Holiday Hills Additon and that included 69th Avenue which was a State Aid Street and they want the eity to pay half of the road they are putting in and it is designated as a State Aid road as an entrance to the park. Mr. Johanson explained to members of the Council the entrance to the park was very poor and tbey wanted to have it as an aeset to Holiday Hills. �ouncilman Wr3ght stated the Park Committee had a resolntion ordering the Park Director to plan an over-sll road map� instruetions and the like and felt the City Council should wait ior that before they committed themselves to any park entranee. Mr. Johanson inquired what they were going to do sbout a road in the meantime. Mr. Mike Hainer� developer of the property, was present and stated that two years previous it was a11 agreed to do it as it was set up and didn`t know who avthorized anq change, that they had even pUt in a sewer stub up to the pa,rk and now they have a different road. Mr. Hafner further stated the base is laid for the road and it is all set. Mr. Diek Donlin stated the park consultant was �oing to do a study even to the extent that they would not have a road as such. Mr. Glenn Thompson for the Planning Commission stated they had met with Mr. Wallace, consuliant� with regasd to the possibility as � to layout and deeign in the park and are proposing to get some indication thia Thursday before the Planning Couunission meets but this would only be tentative as there are a number of thing� that aren't positive until they receive more information. The City Manager explained the right-of-way plan had to be approved before any monies would be epent. Councilman Sheridan explaiued the policy that the C3ty CoUncil had laid ovt was that on State Aid Streets that the abutting propertie� would pay ior the State Aid Street and the State would pay the difference, but that there would be no additional cost to Mr. Johanson on that particular piece of propexty. Mr. Johanson replied it wasn't the State Aid street that was bothering him� it was the concrete curb and having the street put in. The City Manager inquired ii it was possible tn either 3efer that portion to the interior streets or it eould be deleted. Mr. Hainer stated this street had been set np as a street to service the park and now it was changed � but he did still feel the City was obligated to the portion that had been put in Yor thema otherwise, it would have 6een laid differently. It was explained that now� even if the blacktop street dead ends' half of 3t is againat the paxk property, that the ori�inal intention was that it was to be used by hoth. Councilman Wright asserted Mr. Hafner was right, that the City would have to pay for part oY the street. Covncilman Sheridan inquired of Mr. Thompson if he was reasonably certain that by Thursday night, they would have a decision on the route, Mr. Thompson replied they had talked to Mr. Wallace and had decided they were not interested in a State Aid road to the park� that they had talked abont the stub street that was referred to. Mr. Johanson inqnired iP the entry on 69th to the park area was goin� to be used to go into the park perhaps it covld be wider to give the cars a little more room to get off Universtiy Avenue, that they would like some action from the City Couneil this night to be able to get the street in. Mayor Nee replied the City Council conld not coa�it that kind of money this night and to say they had decided to put in a street was as if they were making a decisipn to commit the City to a number of Thousands of dollars, It was mentioned there was something thst said the city had agreed on a street. Councilman Johanson inquired if this wes a discussion with Mr. Madsen, former owner. Mayor Nee stated that he did not recall the City Council ever asking for anything in that area hUt ii' there were something 3n the minutes that said they were liable, that would be something else. Mr. Hafner asserted the pipe they had installed would have been � piped 200 feet short but the City Engineer had to7d them to pvt it in� that all he was asking for was permission to run the street as it was oxig3nally drawn, that� to his knowledge the plat was accepted. Mr. Hafner stated the prev3ous week he had given the city a park 6ecause it was agreed upon and it hadn't been in writing. Mayor Nee informed tAr. Hafner that if he wanted to put in a street that wss fine but if he wanted to charge the city for half of it that was another question. Mr. fiafner xeplied lf the City wanted it this way� he would put in the street himself and pay for it. Mayor Rdee replied it wasn't the way but neither did the developer decide where the liability was and where it wasn't� that they had streets all over the city that needed blacktopping. Mr. Charles Johanson stated the biggest cottcern was getting the street, that the financial end was not the biggest problem, but that by making 69th a State Aid road they had stopped them from blacktopping the street. The City Manager explained if this remained a State Aid road� anything that was spent before it was approved by the State Highway Department they would not be reimbursed for and if it was built to their standard�� it might be. Mayor Nee asserted there was no reason why they could not Yigure out how the'y could maintain their streets in another week� but when they talked about the City picking up half oi a street� that was another matter and if they were given a report on Thursday, they could meet again the following week. 2he City Manager repl3ed they could direct him to call a special meeting for the following Monday. Mr. Hafner stated he had sold the property � on Osborne Road for a hospital and had taken it upon himself not to se11 any land around there until such time as tne Planning Commission decides to build a hospital comp].ex in the vicirrity� that he thought it would be well for the City Council to give this some thought, and he would hold the land until such time as they had thought it over. A special meeting was genexally agreed for May 27th, 1964, �� er�nrMS: Motion by Johanson to approve the payment of General Claims �21+76 through �'2579, Seconded by Wright. Upon a voice vote, there heing no nays, the mation carried unanimously. Motion by Sheridsn to approve the payment of Liquox Claims �6329 through #6382. Seconded by Johanson. Upon a voice vote� there being no nays� � the motion carried unanimously. Motion by Kirkham to approve the payment of Pvblic Utilities Claime #3292 through #3318. Seconded by Wright. Upon a voice vote, there being no nays� the motion carried unanimously. VISITORS: Mr. Glenn Thompson of the Recreation Commission requested to be heard. He stated their coimuittee had fiad two proposals, one with the letting of bids ior the Bea¢h House on Moore I,alce, that they had had this improvement in their plan of work for one and one-half years and ae- cording to their estimate on costs, it was es�imated they could finance it properly zn their Bond Account for Capitol Improvements and the amount they had for the eserow account. It was further stated by Mr. Thompson they had had two meetings on this item and felt it would be advisable for the improvement of the area and to keep one oi the park sites; they had reco�ended the beach house construction. He explained that iY and when the beaeh would ever be declared unfit� the Beach House could be converted into a shelter building� that the Junior Chamber of Cor�erce had proposed to contritaute certain equip- ment to this particular park site and they were reconmiending it. It was further explained that 6ecause of the nature of the Planning Commieeion meeting the previous week� it was not recorded in the � minutes, but that there hafl been plans drawn up and they felt the eost was such that it was warrantable ior the authorization for bids and would like to see the cotxstruction this year ifit was at all possible. Councilman Sheridan stated he had talked to one of the members of the committee over the weekend and had explained to him that the reason the City Council had refused the Beach House at this time was because of its needs for additional acquisition of land and release of proper- ty redtagged beYore they depleted the bond issue that was a couple of years old and allnwed them t� buy crr improve the �ite. Council- man Sheridan fur�h�x stated he had been told the Recrea�ion Commission had made a review of this and though it was not complete they have quite a few sites they would release and areas they had been surveying for additional need of park sites and because of this review� they were making this reco�endation that the City Council go ahead with present plans to authorize the buildZng on the site as planned. It was explained the conversation had been with John Swanson. Mr. Thompson explained to the City Council they had looked at all of the property and were convinced that some of it they were not going to acquire and have enough money left to make improvements but had one tract of land in mind in Riverview Heights that they were trying to determine what the sale price or special assessments would be. Mayor Nee inquired what the commission had thought about the lot on Locke Lake that was redtagged. Mr. Thompson replied if the 1ot he was referring to was the lot itmnediately to the West oP the small area they already � had, they had thought the owners were asking too high a price and had been informed this nlght the owner was now building on it and they were assuming they had obtained clearance at City Ha11. The City D9ana�er stated he had checked the matter out about three weeks previous and the lot was redtagged at that t3me. Mayor Nee replied the one lot they had was not enoughy that they should sell it if they wouldn't have a large enough space. Mr. Thompson agreed and stated they felt that some of the small tracts would be just picnic areas and they had enough property that they did not have to neeessarily make neighbor- hood picnic areas. Mayor Nee stated his only concern was that it was � � �� .,�4� a good eccess to Locke Lake. Mr. Dick Donlin, member of the Commission, stated that, technically� there was access under the bridge in the area to Zocke Lake. Councilman Wright stated it wae his opinion they should acquire an addi,tional lot or se11 the one they now had. Mr, Thompson asserted it would be much more desirable to take care of the ma,7or area they had acquired, Mayor Nee explained his feeling had been that they hadn't considered all the obligations the parks have that will be com�ag on as soon as they pave some streets and they hadn't figured all matters. Mr. Donlin replied they budget every year ior me,tters of this kind. Mayor Nee replied he would lzke to see how they had figured this out� and how it would be paid, also how they would pay f'or the special assessments. Mr. Donlin explained they had taken a large amount out of the Bond money already and every year they budget so much money for park property, City Attorney Smith stated they had mentioned ihe possibility of sell3ng the lot c�n Locke Lake� that �hey had acquired title to that as dedicat3on to a park and had no title to sell. The City Manager also stated that when figures were examined they should consider the Estate of Bill Flanery in fulla that it had 'heen offered to settle in full for about $6,000.00, Mayor Nee indicate@ the two previous times this matter had been brought to the Yloor, it had been done in an unorthodox manner and inquired if there were any way it could be returned to the floor. Mr. Thompson replied if they could get this to the Planning Co�ission this Thursday evening and af the chairman was so willing� they could have it ready for the next regular meeting. ESTIMATES: Mayor Nee announced an estimate for Council consideration from tYe consulting engineers, Comstock and Davis, Inc. in the amount of $1i,639.65. Motion by Johanson to approve the payment of the fol- lowing estimate: Comstock and Davis� Inc. Consulting Engineers 14�+6 Covnty Road "J„ Minneapolis, Minnesata 55�+32 Professional Engineering Services: Estimate No. i- Water Improvement Pro�ect No. 34-0 Estimate No. 1- Storm Sewer Project 5A Estimate No. 1- Water Improvement Pro�ect No. 34-9, Estimate No. 1- Water Improvement Project No. 34-R Estimate No. 1- Water Improvement Pro�ect No. 34-M Eatimate No. 1- Sewer & Water Improvement Project No. 66 Sewer & Water Improvement Pxoject No, 66 (Inspection) $1�120.00 7,�35.7� 415•92 258.12 1a272.80 396.80 540.25 , 39• 5 Seconded by Wright. Upon a voice vote� there being no nays� the � motion carried unanamously. LICENSES: Mayor Nee announced the licenses to be considered for City Counc�l action. Motion by Wright to approve the issuance of the following licenses with the exception of aervice station license: �� ELECTRICAI, Ace Electric, Inc, 3018 - 27th Avenue South Minneapolis, Minnesota American Electric Company 5�+15 Nicollet Avenue Minneapolie� Minnesota Dymanyk Eiectric, Inc. 607 - 22nd Avenue N� F. Minneapolis 18, Minnesota GAS SERVICES Grudem �rothers Company 635 North Prior Avenue St. Paul 4, Minnesota Johnson Brothers Plumbing Co. 6100 Golden Valley Road Minneapolis 22� Minnesota New Brighton Plumbing & Htg, Co. 427 - lOth Street N. W. New Brighton, Minnesota by: Gerald C. Bxown by: L. K. Drinkall by: William Dymanyk by: Leo W. Bren Uy: David S. Johnson by: Robert M. Tornell Nils Nygards Plumbin� Company 7318 Taylor Street N. E, Fridley 32, Minnesoia by: Nils Nygards GENERAL CON`i'RACTORS I{eith H. Ackerman 4120 White Hear Avenue White Bear Lake l0, Minnesota B & G Builders 8410 Redwood Lane Coon Rapids, Minnesota Chuck's Construetion Company 3800 Hayes Street N. E. Minneapolis 21, Minnesota Glisan Realty & Hame Builders 519-lOtY� Street N. W. New Brighton 12, Minnesota Harco, Incorpnrated 2700 North Bryant Minneapoli�, Minnesota Mike 0'Bannon 5298 Filmore Street N. E. Minneapolis 21, Minnesota Riehard Vossen 5246 Logan Avenue North Minneapolis 30� Minnesota Cli£ Williamson & Associates 1201 Turners Crossroads Minneapolis 16, Minnesota by: Keith H. Aekerman by: I,owell N. Gearhart by: Charles J. Nelson by: Chester L. Glisan by: Sig Zuckman b,y: Mik� O'Bannon by: Aichard Vossen by: Max Garten NEW RENEWAL RENEWAL RENEWAL RENEWAI, RENEWAL RENEWAL NEW NEW NEW L �� RENEWAL RENEWAL RENEWAL IdEW � � , � � � HEATING Hoglund Heating Company 7420 West Lake Street Minneapolis� Minnesota Johnson Brothers Plumbing Co. 6100 Golden Valley Road Minneapolis 22� Minnesota New Brighton Plumbing & Htg. 427 - lOth Street N. W, New Brighton, Minnesota Nils Nygards Plumbing Company 7318 Taylor Street N. E. Fridley 32, Minnesota MASONRY C3rcle Cement Company 8611 County Road 18 Osseo� Minnesota L & L Concrete Company 6858 - 7th Street N. E. Fridley 32� Minnesota OIL HEATING Grudem Brothers Company 635 North Prior Avenue St. Paul 4� Minneso�a PLiINID1IdG Grudem Brothers Company 635 North Prior Avenue St. Paul 4� Minnesota Hoglund Plumbing Company 7�+20 West Lake Street Minneapolis� Minnesota Johnson Brothers Plumbin� Co, 6100 Golden Valley Road Minneapolis 22� Minnesota New Brighton Plnmbing & Htg. 42'j - lOth St. N. W, New Brighton, Minnesota Nils Nygards Plumbing Co. 7318 Taylor St. N, E. Fridley 32� Minnesota OTHER LICENSES SOLICITOR'S LICENSE by: Soseph H. MeCormick RENEWAL by: David S, Johnson by; Robert M, Tornell by: Ni1s Nygards by: John G. Judge by: Roy Willman by: Leo W. Bren by: Myhrin K, Gruden by: Don C, Hoglund by: David S. Johnson by: Robert M. Tornell by: Nils Nygards RENEWAL RENEWAL L'i7111�+.�71 NEW RENEWAL RENEWAL RENEWAL REVEWAL REPiEWAL •l��I;�11 RENEWAL Smith's Mobile Vacuum Service, Inc. 556 Rice Street St. Panl 3� Minnesota by: Sander L, Smith (Service & Repair of Vacuums) Seconded by Sheridan. Upon a vaice vote, there being no nays� the motion carried unanimously. a� y'�y �o .4.0 � P_i � � E� Mayor Nee announced the consideration of the service station license for Favre's Spur Service at 8255 East River Road in Fridley. The Finance Director stated there were s�me items the Fire Tnspector had noticed and also, that a general clean up was needed. Council- man Sheridan su�gested holding this lieense in abeyance until it was brought up to standards. Motion by Sheridan to deny the Service Station Licenae to Favre's � Spur Service at 8255 East R3ver Road� Fridley by Dennis Favre. Seconded by Wright. IIpon a voice vote, there being no nays� the mot3on carried vnanimously, PETITTONS: Mayor Nee announced petitions to be considered for Council act3on. The City Manager stated that Petition #19-196�+ had eome in this day that it was £or storm sewer and an 8 inch water lateral on Highway �65 on the East side between Osborne Road and 73 1�2 Avenue and it was signed by Viron Division, Mr. Astleford, Mr. Brook, Mr. Doberman and Mr. Hanson. Motion by Sheridan to receive Petitions #i8-i964 and #19-1g6�+ and refer to administration for processing. Seeonded by Wright. Upon a voice vote� there being no naysy the motion esrried unsnimonsly. APPOIIVTMENT TO BUILDING BOARD - WAR➢ #3: Mayor Nee annaunced for Council considerat3on an appointment to the Building Board. Motion by Wright that the City Council appoint to the Building � Board as representative of Ward 3, Mrs. Richard Herder of 158 - 63rd Way Northeast. Seconded by Sheridan. Upon a voice vote� there being no nays� the motion carried unanimously. APFLICATION TO PARK TRAII�R: Mayor Nee announced the applicat3on to park a trailer for oific� use to be considered by the City Council. �ouncilman Johanson inqu3red if there were a site sketch ava3lable. There was no sketch that had been presented. Motion by Johanson to table action on the application to park a trailer by Richard Torgeson at 57�0 University Avenue Northeast until a sYte sketch is presented. Seconded by Wright. Upon a voice vote� there being no nays, the motion carried unanimousZy. BEACH CONCESSI�IV The City Manager explained to the City Council the Eeach Concession item had been in the Park Committee minutes� that he was reporting it at this time to the Czty Council because the Recreation Commission has decided they do not want to operate it. There was no action. ' CONSTDERATION OF POLTCY - RE: CHAPPER 66: Mayor Nee announced there was a request to adjust an assessment or. the Wedan pxoperty and it would be appropriate to authorize the City M¢nager and City Attorney to negcitiate a settlement with the Wedan property. � �'� Motion by Johsnson to authorize the City Manager and City Attorney to negotiate a settlement with regard to the Wedan property regarding the adjustment of an assessment. Secon3ed bf Sheridan. Upon a voice vote, there being no nays� the motion carried unanimously. RESOLUTION �7-1964 ORDERIPIG PREPARATTON OF ASSESSMENT ROLL - SW #63: � Mayor Nee announced a resolution ordering the preparation of an assessment roll for Sewer and Water Improvement Project No. 63. The City Manager expleined to the City Council they would need to pur- chase an easement from the 1Vorthern Pump Company. , ' Motion by Johanson to adopt Resolution #97-1964 directing preparation oi Assesment Roll for Sewer and Water Improvement Project No. 63 w3th any revisions indicated at the public hearing. Seconded by Wright. Upon a roll call vote, those voting aye,Nee� Johan�on� Kirkham' Sheridan, Wright. Those votin� nay, none, The Motion carried unanimously. RESOI,UTION #98-1964 ORDERING I�ARING ON ASSESSMENT ROLL - SW #63: Mayor Nee announced a resolution ordering a hearing on a proposed Assessment Roll for Sewer and Water Improvement Project No. 63. Motion by Shesidan to adopt Resolution #98-1964 directin� publication of hearing on proposed Assessment Roll for Sewer and Water Improvement Project No. 63. Seconded by Kirkham. Upon a voice vote� there being no nays� the motion carr3ed unanimously. Mayor Nee announced for Council action five resolutions directing the splitting of assessments. Motion by Johanson to adopt Resolution #99-�964 authorizing and directing the splitting of Special assessments on Lots 3� �+� 5� and 6� Block 14� Spring Brook Park. Seconded by Sheridan. Upon a voace vote, there being no nays, the motion carried unanimously. Motion by Johanson to adopt Resolntion ��100-1964 authoriz9n� ?r.3 directing the splitting of special assessment on S,ot 35, (EX,?�T.�G"�or rd)L.�,i^7 . 90' of N 1�2), Auditor's Subdivision #92, Parcel 1560. Seconded by Sheridan. Upon a voice vote, there being no nays, the motion carried unanimously. Motion by Johanson to adopt Resolution #101-1964 authorizing and directing the splitting of special assessments on Zots 12 and 13, Block W. Riverview Aeights. Seconded by Sheridan. Upon a voice vote, there being no nays, the motion carried unanimously. Motion by Johanson to adopt Resolution �102-1964 authorizing and directing the splitting of special assessments on Lot 9, Auditor's Subdivision #103� Parcel 280. Seconded by Sheridan. Upon a voice vote, there being no nays, the motion carried unanimously. Motion by 3ohanson to adopt Resolution #103-1964 author3zing and directing the spliiting of special assessments on Lot 3(Px. pt. Yor hwy.) (Ex. .05 acres for hwy.) (Ex. E'ly 650' to school). Auditor's Subdividion �25� Parcel 1100. Seconded by Sheridan. Upon a voice vote� there being no nays� the motion carried unanimously. RESOLUTIOI3 RECEIVING ADDEPiDUM #2 AND ORDERING HEARING - d�� Mayor Nee announced for Council conaideration the receiving of an addendum and ordering a hearing on the construction oi certain improvements. Motzon by Johanson to adopt Resolution #�04-196� receiving Addendum No. 2 preliminary plans and specifications and calling a publie hearing on the matter of the construction of certain improvements (Storm Sewer Project No. 68). Seconded by Sheridan. Upon a voice vote, there being no nays} the motion carried unanimously. RESOLUTION #105-1964 ORDERING IMPROVEMENT AND FINAL PLANS AND Mayor Nee announced Yor Council consideration a resolution ordering improvement and final plans and specifications and estimates for Street Improvement Fro,7ect St. 1964-1. Motion by Sheridan to adopt Resolution �105-1964 ordering improvement and final plans and specifications and estimates of costs thereof: Street Improvement project St. 1964-1 with deletions and revisions indicated at the public hearing. Seconded by Wright. Upon a roll call vote� thoae voting aye� Nee� Wri�ht, Sheridan� Kirkham. Johanson. Those voting nays, none. The motfon caxried unanimously. - �i. Mayor Nee announced a resolution for Council consideration receiving final plans and specif3cations and ordering bids for Street Improve- ment 1964-1. Motion by Johanson to adopt Resolution #106-1964 ordering improvement, approval of Plans and ordering advertisement for bids on Street Improvement Project St. 1964-1 with revisions and deletions as indicated at the puhlic hearing. Seconded by 5heridan. Upon a roll call vote, those voting aye, Nee, Kirkham, Sherxdan� Wright� Johanson. Those voting nay� none. The motaon carried unanimously. RESOLUTION �107-1964 RECENING FTNAL PLANS AIdD SPECTFICATIONS - AND f�iITLR] TTTA iDTTO MC M1 9!1/] A TTiI O'1 C� Mayor Nee announced a resolution for Council consideration receiving final plans and specifications and ordering bids for Minnesota State Aid pro,7ects. Tbe City Manager e�cplained to the City Conncil the area involved. f Motion by Sheridan to adopt Reso],ution #1o7-i96�+ ordering improvement� approvaZ of pZans and ordering advertisement for bids on Minnesota State Aid Project 27-302-01 and Minnesota State Aid Project 27-315-01. Seconded by Wright. Upon a roll call vote� those voting aye� Nee� Johanson, Kirkham, Sheridan and Wright. Those voting nay� none. The motion carried unanzmously. CONSTTIERAT20N OF ORDINANCE TO AMEND SECTION 45.464: Mayor Nee announced ior Council consideration at� o�dinance amending the City Code by requiring construction under a building permit to commence within 90 days from date of issue. City Attorney Smith explained to the City Council there was no hearing necessary on this item. Mayor Nee indicated this would 13mit the consideration of permits according to proposals. titct�_cr_ bv J�hanson �o accept as f3rst reading an ordinance to amend � 1 LJ � Section 45.461+ of the City Code by requiring construction under any building permit to co�ence within 90 days from the date of its issue. Seconded by Wright, Upon a voice vote, there being no nays, the mot3on carried unanimously. OTiIER BIISINESS: Mayor Nee requested the City Council review the ordinance for the regulation of parks� accept it on its first reading -^.r.d amend i�� if necessary� at the next reading. City Attorney Smith explained to the C3ty Council that through the entire ordinance� it should be renumbered Chapter 78 rather than Chapter 77 as that chapter had elready been passed. It was also explained that Section 75.40 should include the phrase "this ordinance shall constitute Chapter 78 of the City Code of the City of Fridley and that all general provisions including Chapter 105 shall apply �o it." Motion by Wright to accept as first reading an ordinance providing for a Chapter 78 of the City Code of the City of Fridley regulating the use of the parks and parkways and to secure the quietx orderly and suitable use and enjoyment of such parks, parkways and portions of public lands, streams and rivers by the people} and prescribes penalties ior violation thereof. Seconded by Sheridan. Upon a voice votei there being no nays' the motion carried unanimously. Motion by Kirkham to amend an ordinance regulating the use of' the parks and parkwa,ys to include the phrase "this ordinance sha11 � constitute Chapter 78 oP the City Code of tha City of Frid1_ey and that general provisions including Chapter 105 shall apply to it". Seconded by Sheridan. Upon a voice vote� there being no nays� the motion carried unanimously. On the original motion for the acceptance of the first reading oi an ordinance regulating the vse of the parks and parkFrays, there being no nays� the motion carried unanimously. ADJOURN: There heing no further business� Mayor Nee deelared the Regular Meeting of May 18, 1964 ad,7ourned. Respectfully submitted, Y'" %= � � /aii� Ai iN� � Sue 3skowic Secretary to the Council ' �i � �il/U�GY y✓L � !�.��t William J. Nee Mayor ��L� d�� SPECIAL COUNCTL MEETIZJG - MAY 27, 1964 - 5:00 P.M, A Special Meeting of the Council of the City s�f Fridley was called to order by Mayor Nee at 8:20 P.M. ROLL CALL: Members Present: Nee, Johanson, FLirkham� Sheridan� Wright Members Absent: None CONSIDERATION OF 692'H AVENUE NORT�AST PAVING - HOLIDAY HILIS: � Mayor Nee announced the consideration of 69th Avenue Northeast in Holiday $ills for pavin� and inquired if Mr. A4ike Hafner� developer, wished the Ci.ty to agree to pay for one-half of the psving or abandon the statUS of this heing a State Aid road. Mr. Hafner replied that all he wanted to do was put in a road as a11 the work was done to the roads in the area except the blacktop, but they had been told the matter had to be 'hrought before the Council before they ¢ould complete the work. The City Manager explained to the City Council it was just a case of the farst two blocks into the Holiday Hills development which had heen designated as State Aid, ' so the City Council had to pass on the road. It was further explained the Planning Commission and Park Cotmnittee had met and no*a say it shou?_d not be a State Aid road and Mr. Hafner could go �head and put in the street, that they had felt it would be wise to go across� £or a street, by ihe Minnesota Transfer Company. Councilman Johanson stated his idea of State Aid Funda is a cross town road� and the entire community should beneiit from it. The City Menager replied there would be no State Aid money for construction ❑nless they designated a certain number of miles as State Aad roads. Mayor Nee asserted the thought� at present� was to abandon that part of the road as a State Aid road. The City Manager replied the whole question was if this first part of 69th Avenue should be held far State Aid and the Planning Coimuission felt they would recoa¢nend no State Aid road through Locke Park. Mr. Hafner stated the reason they had put the street in by the park on the other side of University wasthat they had houses in there and paid �or the street on both sides because of the houses but the question here had come up of who would pay in Holiday Hills because there was a pa,rk on one side and he was not certain if he was right if the city could pay for a street or should pay for one. Mayor Nee replied iP he asked the City Council to be the other 50�, petitioner on this� he didn't think they would petition it. Councilman Johanson inquired if anyone remembered what Ernie Madsen, former co-developer of the area, had in mind for the area, that he remembered he had stated he would � pay far and put in concrete curb and gutter in the streets. The City Manager replied nothing had ever been ehanged, only the width of the street and he had indicated it would be paid by the developer, Councilman Johanson asserted if the park were ever to �et any use out of thi: rbad� the City shoUld pay £or their share of it, that� originally, the City was going to use this as an entry and now if they were going to come into the park someplace else and the park would never use it, it was questionable how they could expend city funds. Mr. HaFner replied if this Were true� he would abide by it.