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05/27/1964 - 00022741d kJ o SPECIAL COiJNCIL MEETIZ�TG - MAY 27� i964 - 8:0o P.M. A Special Meeting of the Council of the City of Fridley was called to order by Mayor Nee at 8:20 P.M. ROLL CALL: Members Present: Nee, Johanson� Kirkham, Sher3dan� Wright Members Absent: None CDNSIDERATION OF 697'H AVENUE NORTf�AST PAVING - HOLIDAY HILIS: ' Mayor Nee announced the consideration of 69th Avenue Northeast in Holiday Hi11s for paving and inquired if Mr. Mike Hafner, developer� wished the City to agree to pay for one-half of the paving or abandon the statcas of this be3ng a State Aid road. Mr. $afner replied that all he wanted to do was put in a road as all the work was done to the roads in the area except the blacktop� but they had been told the matter had to be brought before the Council before they could complete the work. The City Manager explaine�a to the Crty Council it was just a case of the first two blocks into the Holiday Hille development which had been designated as State Aid, � so the City Council had to pass on the road. It was further explained the Planning Commission and Park Committee had met and now say it shoL�7_d not be a State Aid road and Mr. Hafner could go ahead and put in the stxeet, that they had felt it wotald be wise to go across, for a street, by the Minnesota Transfer Company. Councilman Johanson stated his idea of State Aid Funds is a cross town road, and the ent3re community should benefit from it. The City Manager xeplied there would be no State Aid money for construction unless they designated a certain number of miles as State Aid roads. Mayor Nee asserted the thoughty 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 for State Aid and the Planning Coimnission felt they would reco�end 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 oi IIniversity was'that they had houses in there and patd Eor the street on both sides because of the houses but the question here had come up oi who would pay in Holiday Hills beca�ase there was a park on one side and he was not certain if he was right af the city could pay for a street or should pay for one. Mayor Nee replied if 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 Ma.dsen, former co-developer of the area, had in mind for the area, that he remembered he had stated he would � pay for and put in concrete curb and gutter 3n the streets. The City Manager replied nothing had ever been changed, only the width of the street and he had indicated it would be paid by the developer. Councilman Johanson asserted ii the park were ever to get any use out of thi: rbad� the City should psy for their share of it� that, originslly� 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 repl3ed if this were true� he would abide by it. �" �_ Councilman Johanson stated that he remembered on another occasion Mr. Madsen had put in the streets with curb and gutter on the pro- posal that ii the lots across were developeda they would pay their share; that the lots had been developed and th owners had not paid their shsre. Mr. Hafner stated they had also put in a sewer line for a park connection and they wouldn't have put it in unlees someone had told them to do so, that they wouldn't have run tihis line in without stakes which had been placed by someone and somebody � had some idea of using this for park purposes. Councilman Wright replied that would be consistent with some idea for use of water and sewer services in the park. NLr. Hafner restated that if any Council member remembered, the deal with Mr, Madsen was that he had said he would put in the streets with concrete curb and gutter� he would do so. Couneilman Johanson replied if the city were going to use part of the road, they should bear a part of the cost. Councilman Wright stated Mr. Hafner shouldn't have to build as big or as wide a road if it were not a State Aid road and it could just be a 50 foot road. Mr. Hafner replied the base was laid and it would be put in accordingly. City Engineer Qureshi explained if the developer used the same specifications they now have� their road would be better than the average street in Fridley as they have a six inch base. Mr. Hafner stated he had thought to get all the plans together and have all matters clear before they went ahead. Councilman Wright asserted Mr. Hafner should get a break on what kind of a road it should be as it will get no amount of public use. Mr. Dick Donlin of the Park Co�ittee was present and inquired what would happen if the street in question became a park access. The City Manager replied they would have to reimburse the developer. Mr. Donlin stated their recommendation to the Planning Commission was that their thought now Was to have a dead end and logically, then 69th Avenue becomes the entrance and they were not interested � in a through road. The City Manager indicated the Planning Co�ission had reco�ended that they didn't feel the road would need to be widened and if it should become the access, it would have to be w3dened and the developer would be reimbursed. Mr. Hafner stated the street should have been planned so that it would have houses on both sides of the street� that this was the way it was originally planned. The City Manager replied he had never seen the plat come in any way but the present way. Mr. TIafner stated the present owner of the area� Mr. Charles Johanson, had stated that at least in part of the street� it should be made a little wider. The City Manager replied the Planning Commission had stated in case there should be a need� they would have to widen it and pay the cost of widening it� meanwhile the area would have a street. Mr. Hafner inquired of the City Council if there would be any objection then to putting in the concrete curb only on one side of the street, Councilman Johanson replied he felt that would be good and further felt the City Council should have a writiten agreement for Mr. Hafner"s protection that the City would pick up the other side of the street. The City Manager stated if the City decided to widen the street, it would belong to the City regardless and the City would have to pay for it. Mr. Hafner asserted the street would have no curb on one side at all if this was satisiactory� that this was all he was trying to make understood. Mayor Nee inquirer3 why a curb was put onJ that his impression was that it was to keep the street from � collapsing, Mr. Hafner stated that al�. the areas he had developed in Fridley were the best such as Holida,y Hills, Brookview, and Melody Ma.nor for some and they had used the best material and had never developed any land without curbs. Mayor Nee stated it was his opinion that it would be better to have blacktop curb on both sides of the street rather than concrete curb only on one slde, bvt there were at least half a dozen builders and people coming in and wanting to resolve problems oi this kind and the decision had ��� always been in favor oi the persan who doesn't want to go ahead because the City Council had never felt the needs oY the builder should get precedence. Mr. Hafner replied he had always felt any improvement should benefit the city as a whole and his developments hafl, that he had also wanted 73rd Avenue run all the way through but it wasn't. Councilman Johanson �nquired of Mr. Hafner that supposing he were to go ahead and put in the 50 foot street, would he do so if there � were a written agreement that if the day were ever to come that the City� through its park� uses 69th Avenue� that he would want his company reimbursed. Mr. Aainer replied the money should be put in eserow and they should treat themselves in the same roanner thqr treated him as he had to put money in escrow on aZl developments. Couneilman Johanson stated that he felt the City was obligated to tbis area ior curb and gutter on the North side of the street. Mr. Hafner asserted the dec3sion was Por tne Council to make� that al1 he wished was that the matter be done right. Councilman Wright stated if they should decide they wanted an exit on the atreet, then they would have to eut through the asphalt and stated he would like to see Mr. Hafner do his side of the street only and ask only that the other side be temporary. Mr, Hafner replied Mr. Dunkley was doing the streets the same as the city had the previaus year and using the same speciiications. Mayor Nee asserted it seemed to him all Mr. Hafner needed was for the City to abandon their interest in the State Aid road and advise City Engineer Qureshi to not bloek Mr, Hafner"s plan� thaty in effect, this does abandon the State Aid mileage and it was logieally correct in every respect except the North half oi the street doesn't want the street. The City Manager explained there should be a motion authorizing Mr. Hafner to put in a standard construction road to city specifications. Mr. Hafner stated the city specifications did not require him to put in cvrb on two sides o£ the 5treet. The � City Manager told Mr. Hafner he wasn`t losing any lots by putting in the road and he wasn't putting in any more road then he would have put in by putting in curb on both sides. Mayor Nee inquired if Mr. Hafner wished to purchase a str3ng of lots on the North side of the street. Mr. Hafner replied he might be. Councilman Sheridan asserted they were not able to sell the land. Mayor Nee indicated the Charter �rovided a way of selling park land. A discussion per�.od was held regarding the area� its size, use� etc. Councilman Wright asserted it would be 135 feet deep. City Attorney Smith indicated the money could be put into the Park Fund. Mr. Bob Hughes of the Park Committee stated they did plan to use the space in question and inquared how far it was to the Minnesota Transfer and was told a6out �+00 feet. Mayor Nee im�uired how i$ would be if they didn't stop Mr, Hafner from putting in his street and refer the problem to the Park Board Committee. The City Managex explained to the City Council the deed to the property had the wards "for a park and for its public purposes". A discussion was held regarding sewer and water development in the area to the park. Nlayor Nee stated it seemed reasonable to him to have Mr. Hainer put in a regular street according to apecifications and the City give him an agreement that when they use the street they would pay for their share. Counc3lman Johanson further stated that in the event the Park Coumiittee someday decides on a street, than they should have to pay a proportionate share. The City Manager asserted the manner the Park Committee is now considering, they want a par�ing lot at � each end of the park with walking in from there. Cnuncilman Johanson replied 3f the city authoxized curb on the North side of the street, they should pay for it. Councilman Sheridan stated, that assuming the City didn't own a part of this area, would any person have 13ability to the development ior the street. .� � � s__ Councilman Wright replied the City di�!t�petition and were not developing. Councilman Sheridan stated if this pl ��6`�t the ad�oining property to the North and it is an outlet of 6 inches or a foot, at such time as the abutting property wants access for that 6 inches or a foot, it would cost the owner on the North half the cost of the street, Mr. Hafner replied that would be a way of doing i� but he did not approve of doing the street in that way. Councilman Sheridan asserted he did not know how this plat was laid out but, presumably, ?t had no boulevard. � Mr. Hafner explained if the City was �oing to use th�s for a pa.rk entrance� they would have come to any property owner alongside and they woulfl have said the property owner would have to pay their share of the road. Mayor Nee replied they had city streets all over the city that needed paving and they were not doing them because they had no money and inquired how they could permit a developer to say they had to do it. Councilman Johanson inquired of Mayor Nee what streets he was referring to. Mayor Nee repl3ed 61st Street was an example� that all he was saying was if this were goi,ng to be put on a general tax levy, he would na� vote fpr it. He further stated he did not feel they eould permit the needs of the developer to determine how they could delegate money ?or paving. Mr. Hafner replied it had. never been meant to be that way. Mayor Nee asserted that assuming� for e moment� he accepted the liability� that all he could say was he could not a.ecept it and the city would not put in the street for ten years. Mr. Hafner inquired� if this were correctf if Mayor Nee thought they shouldn't put in the street. Mayor Nee stated if the City had to pay for it out of general funds, he would say not to put it in, that he did not know how they could pay £or it even though he wished to see it put in, Mayor Nee stated the question now was whether or not the City wants to pave the street and he did not want to see the City pave it out of general teac funds, The City Manager explained they were � now down to just the curb and gutter on the North s3de of the street. Mr. Hafner stated he would ask Mr. Johansan, and perhaps he won't want a street there at all. City Attorney Smith inquired if it were possible if the curb were left off of the North side, if there would be some way of rolling 'the earth on the North side to protect the paving. City Engineer Q�reshi replied he hadn't looked at thegzvund but would like to see the curb there as it does protect the inner pavement. City Attorney Smith then inquired if a rolled asphalt curb on that side wovld be satisfactory with cement curb on the other side. Cfty Engineer Qureshi rep].ied it was a matter of tiMe and what the City Council wanted. Mr. Hafner stated they could lay the blacktop bare and bulldoze dirt but it was not the proper way to do it and he wanted it done properly. Councilman Sheridan inquired re�arding the length o£ the street to get an approximate idea o£ the cost of curb and gutter. Councilman Wright replied it figured out to about $3,000.00 for aoncrete curb and gutter on one side. Councilman Sohanson stated it was about 1200 feet. Mr. Hafner asserted the City would be getting a good deal on this as a11 the plannin� and drawing and all other work is done. The City Manager stated they were not �etting any free engineering as the developer always pays for that. Mr. Hafner replied there were always engineer's fees in all matters taken up and this was inoluded. Mayor Nee stated if the City had to pay $3�000.00 out of this budget� he conld not �ustify it to the people they were getting their value � and their use out of it, that he did agree that sometime in the future the City would use it. Mayor Nee inqu3red if it was satisfactory to Mr. Hafner to give him an acknowledgment oi their liability in writing that if ior some reason they use 69th Avenue for access to the park� the City would pay its share and he could put in the street. City Attorney Smith suggested to the City Council that eyen though they would put the � `�' d �r agreement in writing� a letter should be incorporated in the minutes. It was indicated by Mayor Nee to the City Council they would needto clear th3s matter in two motions� one to authorize the standard ¢onstruction of the stxeet rather than what was provided on State Aid Specifications. Motion by Wright to authorize the construction of Holiday $ills� 69th Avenue Northeast according to City standards rather than to State Aid standards. Seconded by Johanson. Councilman Kirkham inquired if this was auihorized according to the final plat. It was stated � this was, Upon a voice vote, there being no nays� the motion carried unanimously. Mayor Nee indicate@ a motion would be in order in which the City Council agrees to accept respons3bility for some pvrtion oi' the street. Councilman Sheridan inqu3red what the purpose was. Mayor Nee replied it was jUSt to assure whoever might be the owner oY the plat that if the City does start to use the street in question for the general public purpose� at that time the City yiould accept responsibility. The City Mana�er suggested they make clear what portion of the road they referred to and the amount oP feet. Councilman Johanson replied it should be their proportionate share to be decided on. Councilman Wright agreed it should be left flexi7ale. Motaon by Wright that the City Manager i�e directed to noti£y the Charlea E. Johanson, Inc., that when and iP the City makes use of 69th Avernze Northeast as an access road in part or in whole for Locke Park� that it will reimburse the Chaxles E. Johanson, Inc. for some prqportionate share of the cost of installing ¢oncrete curh and gutter on the North side oi seid 6jth Avenue Northeast; that the cost shall be determined on the basis of actual construction cost at the time of construction and the portion Qr length of the stree� attributable to the city's use will be determined by the Ci�y counc3l. Seconded by Sheridan. Upon a voice vote� the motion carried with couneilman Johanson abstaining. � CONSIDERATION dF BEACH HOUSE: Mayor Nee announced for Council consideration the proposed Beach House on Moore Lake. The City Manager explained to the City Council the recommendation of the Planning Commissaon was that they recommend the authorization of the Moore Lake Beach House and recommend that eonstruction rather than the purchase of land. Councilman Johanson inquired if it was planned to have a custodian on duty at all times. Mr. Bob Hughes� of the Park Boardy stated there would be at all times the Beach House was open. Councilman Johanson suggested the Beach House be built as fool praof as was possible, Mayor Nee asserted it had been his opinion they had asked for a regort on how the balance of the money for parks was to be spent end had seen nothing in writing. He further asserted they should consider the land on Locke Lake and any other lots red-tagged� that� at least� the assumption that there is some other plann3ng resume the Park Board has talked abaut spending. It was stated these should all be brought together and a report made. Mr. Hughes replied the discussion had been that there is a small piece of land ad,7acent to another small piece and the combination of the two can offer at best a very small neighborhood park with access to the lake for swimming and boats that can be carried. He further stated the bank o�' the land which they own is steep and about , half o� the other piece is also quite steep, that the development that could be given the area would be a small shaded area with picnic tables and would offer a view of the lake. Mr. Hughes asserted the ieeling of his committee was that they had in the city a number of parks in which they had ma�or investments, Locke Park and Moore Lake Beach and the largest number of residents can best be served by these, It was ment3oned that Moore Lake Beach will be completed within a short time and will benefit a large number of people in the City and will give Fridley a land mark. Mr. Hughes stated they had dressed up the Fark and the beach front is rather good but the tin house or the beach iront is going to look more and more ont of place as time goes by, that they offer nothing in the way of dressing rooms and toilet fact].ities. He further stated they had forbidden the changing of clothes in cars for sWimmers and the � addition of the new heach house would provide all of the things the,y were missing and would provide a decent place for the beach staff and a good first aid space and, in general, would give them a facility that would be very useful �nd benefit a large number of people. It was mentioned +he Beach House had been designed to use as a warming house for tixe winter and t'tiey have tried to work into zt a �*enera7 purpose park building� a craft housea etc.� in the evaiit that the lake becomes Rnfit for swimming, that their efforts �n the direetion of getting iniormation from the Conservation Department had not been saceessful rega,rding the fact the lake may disappear. Councsltnan Johanson inquired if the City had not bought ,7ust about enough land for awhile. Mayor Nee replied this was the question the Park Committee had evaded. Mr. Hughes stated he didn't ieel they were evading an answer� that they had said they wanted to pick up two lots at Broad and Hugo Streets and this would cost� plus assessments� about $1500.00. He further stated they would like to buy five lots adjacent to the r3ver front pro- perty about 79th and Alden or Apex Lane a1so, those being Lots 20 through 25� Block b� Riverview Terrace and the price of these lots including taxes and assessments would approximately he $3�000.00. Mr. Hughes asserted a total of about $4,500.00 was the amount they had in mind for land at this time and they had also put a red tag on the edge of Spring Lake but there would be very little likelihood the3r would purchase that. It was mentioned the Park Committee had talked about the lot on I.ocke Lake but did not think it was red tagged. Mayor Nee replied there are � people in the area that will be isolated from service to any park and tl� would like the City to pick up these lots on the railroad tracks and all he wanted to see was some kind of inethodical plan. Tt was stated by Mayor Nee he did not want to spend the money on the Beach House and raise the general bvdget for speczal assessments� that he wanted to be sure before they went into anything e1se. Councilman .Tohanson stated he felt they had so many parcels of land they would be getting land poor. Mr. Hughes explained they had a number of parcels of land which are too small for the use they were designed and in order to ex- pan3 some 7�,=�rks� they would have to condemn homes; also� there were sections where there is no open land in the vicinity, Mr. Hughes stated he couldn't say they didn't need and won"t want additional land for parks but they don"t have a desire, at tY�is poir.t, to acquire land other than what the had oUtlined, that the amount of money remaining £or their use in the Park Deposit Fund was down to the point where they couldn't go out and look for a ma,7or tract of land. Councilman Johanson stated he was in favor of the Beach House. The City Manager explained Mr. Glenn Thompson of the Board had stressed they have major parks and the feeling of the Park Committee was that it was time tp finish the development of these so that the people can use them now and if they want to buy more park property they can budget as time goes by. Motion by Johanson to adopt iiESOLUTION �108-1964 authorizing the � construction of a Beach House on Moore Lake and the advertising for bids. Seconded by Kirkham. Upon a voice vote� there being no nays� the motion carried unanimously. ADJOURN: There being no further business� Mayor Nee declared the Spec�al Couneil Meeting of May 27, 1964 adjourned. R> Fir �d �€� ?�� Respectfully submitted� ,� ���.,� ���1,/V�'�Q''�''� `. �,,�� Sue Miskowi William J. Ne ' Secretary to the Gouneil Mayor REGULAR COUNCIL MEETING - JUNE 2� 1964 A regFalar meeting of the Council of the City of Fridley was called � to arder by Mayor Pdee at 8:07 P.M. ROLL CALL: Members Present: Neey Johanson, Sheridan, Wright� Kirkham arrived at 10:15 P.M„ Members Absent,: Nbne APPROVAL OF MINUTES - REGULAR MEETIlVG� MAY 18, i964: Motion by Sohanson to approve the minutes of the Regular Meeting oi May 1�3, 196� as prepared a�d received. Seconded by Sheridan. QLpon a voice vote, there being no nays� the moi,ion carried unanimously. APPROVAL OF MINUTES - SPECIAL MEETING, MAY 27, 1964: Motion b�r Sheridan to approve the minutes of the Special Meetang of May 27y 1964 as prepared and rece3ved. Seconded hy Wright. Upon a voice vote, there being no nays� the motion cerried unanimously. PUBI,IC HEARINGS: PUBLIC HEARING ON ASSESSMENT - ST. 1962-1, 1962-2: Mayor Nee announced a public hearing on assessments for Street Improvement Pro,7ects No. 1962-1 and i962-2 and stated it migpt serve the parpose of the hearings to have the City Manager explaip_ �