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09/21/1964 - 00022526� s �z Seconded Uy 5heridan carried unanimously. ADJOURNMf'sPdT: Upon a voice vote� there being no nays� the motion There being no further business� Mayor Pro-tem Johaneon declared the meeting �djourned. . , , _ Respectfully eubmitted� Marvin C. Brunsell Acting Secretary to the Council, RL�GUIJIR COLiNCIL MEETING� SEPTEMBER 21� 1964 A regular meeting oi the Council of the City of Fridley wsa.called to order by Mayor Nee at 8:10 P.M. ROI�L CAIS.: . Membere Present: Nee� Kirkham� Wright Membera Abeent: Jahanaon� Sheridan APPROVAL OF MINU'PES.- REGUI,AR MEETING. SEPTEMBER 8 Motion by Wright �o•appro�e the minutes of the liegular Meetting of September fS� 1964 ae prepared and received. Seconded by Sirkham. Upon a voice vote� there being no nays} the motion carried unanimouely. APPROVAL OF M7NU'i�S - SPECIAL i+�ETING, SEPl'EMBER 9, i964: , Moi,ion b,y Kirkham to approve the minutes of the Special Meeting of September 9� i964 ae prepared and received, Seconded by wright. Upon a voice vote� there being no nays� the motion carried . unanimously. PiJBLIC FIEARIIdGS: PUBLIC I�;ARING ON FINAL P7J1T - TERRY'S ADDITION: Mayor Nee announced a public hearing on the final plat oi Terry's Addition. The City Manager read the Notice oP Hearing. City Engineer Qureshi presented the final pla� of Terry's Addition to the City Council. Mayor Nee e�cplained the locatioa oP the area and iuquired if there were snyone present who aiahed to be hesrd with regard to the named plat, �U�� There was no one present i,n favor of or in opposition to the plat. Mayor Nee declared the public hearing on the final plat of Terry's Addition closed. Motion by Wright to approve the iinal plat of Terry's Addition and authorize the Mayor and City Nlanager to sign same. Seconded by Kirkham, IIpon a wice vote� there being no nsys� the motion carried unanimously. PUBLIC AEARING ON ASSESSMENT ROIS, - SS #53� Mayor Nee arinounced a public hear,ing on the Assesament Roll for Storm Sewer Improvement Project No. 53 and atated.it had been delsyed pre- viously and reqveeted the City Manager to read the Notice of Hearing. The City Manager reed the Notice'o� Hearing. Mayor Nee explained there were two items that were on a previoua asseaement roll and which� at that time� needed more work e.nd the City Councll deleted them and re- quested the Finance Director discuse the item. The Finance Director explained the two areas in queation would be Shaffer's Addition and the area 8outh of Lyndale Buildere� 6th Addition and the reaeon 1,his storm aewer wae delayed was so that the work done under three different -projects could be combined and one rate established. He further ex- planed the work actually done under three diiferent projects and how� if the roll had been adopted�'3�t would have had three differenl, rates. Mayor Nee stated the pm-pose of the hearing was to diecues the aeaess- ment propoaal and canaider any objections or contentione that the beneiit which the property had wae not properly determined by the asseeament proposal, It was explained the propertiea had received notiYication of theproposed assesement and iY an,�rone wished to know what the proposed assessment wae, if they would give their legal descr3ption� any discussion could be conaidered and diecussed if the asaessment were not correct. . Van Buren Street - Able St., 75th Avenue and 76tk Avenues The question was raised by a reeident in Shaffyr's Addition� 75th Avenue and 76th Avenue where the eewer lays. ,Mr. Comstock� Coneulting City EngineeT� expleined the 9dsorm sewer starts a� 73rd Avenue up to Van Buren Stxeet� Eaet on 75th Avenue to Able Street and a line just ,South of Able Street� then North on Able to 76th Avenue; Weat on 76th Avenue to Van Buren,Street� Northe on Van Buren Street to the school property. Mr. Comatock iurther explained this was the storm sewer improvement� that pert of it was under Storm Sewer Frojeci, �53 and part of it wae doAe under two steeet projecte. It wae eteted by a resident they had been asseesed once for a storm sewer and how cauld Lhey be peaeseseed. The Finance Director explained there wae one assesement that covered the entire area on the main interceptor and under that pxoject there may have been a line that went part-way in Shaffer's Addition. A resident claimed he had been �eeseed aome $800 for storm aewer on his property, The Pinance Director explained the rate for the ar,ea wae about $2.31 a 100 aquare Peet. Mayor Nee inquired if the re- eident were eertain the amount was correct and wea told he was, Another reaident claimed he had been asseased some $.777 Rn Able Street and $329 for drainage. The Finance Director checked the records and in- iormed the resident the correct�amount for etorm eewer assessments on the $800 etorm eewer aeaesament claim was $412.85 on Lot 11� Block 5� She.ffer's Addition $ubdivfaion #1. Councilman Wright ex- pl6ned the eame year as the resident paid� he aleo received an asseesment for a sanitary sewer. Msyor, Nee explained� in thie instance� the item referred to ri9e the interceptor cost and this aseese- ment this evening refers to the lateral service which actually provides the drainage. It waa Purther explained the proposed laterel assessment was approximstely $250. The question was raiaed what portion the double bungalowa in the area paid,on Able Street. Mayor Nee replied it appear- they were not 1n the assessment area, Mr. Comstock explained there were facilit3es conetructed by the developer on Beker Street� that a report he.d beai aubmitted and this area was deleted because the service �. � � was going to be put in by the developer. It wae stated by residents the drainage-v2se not good becauae on 75th Avenue there was about three inches of water from the rains and there was no rosd.irom 75th Avenue to 76th Avenue. Mr. Comstock explained the propoeal had been to drain into the interaection of 75th and�Able Street and thie was the terminus of.the #24 Project. The Finance Director explained the dralnap,e district at the request ni Mayor Nee. Mr. Comatock explained it would he a matter oi a field survey to know where the drainage actually drains at the present time, that 3t was contemplated the double bungalow property would drain to Baker Street and whether it did not or would cocrtinue in the future he did not know without a field aurve�c Mayor Nee inquired the reason the C1ty Y�ad authorized a pipe to Able Street� thst it would seem i:b ahould run on Van IIuren Street. Mr. Comstock replied there wae a low point at Able Street and 75th Avenue and a low point North and South on Able Street, Councilman Wright etated it didn't eeem reasonable that the East-Weat divide would run up the middle of Able Street without draining on either side� tkiat they seemed to have a case of attem�p,tQng to regularize the district and the question was ii anyone wanted to enter en objection. The queation'wa� raieed if the tTailer court in the area was being assesa- ed. Mayor Nee replied they would be paying on the ihtereeptor the same as these residente were but not on the lateral atld it wae poesible that if the,City Council reYerred thie entire item it could be re- worked and posaibly could p3ck up some area� about seven or eight lots between 75th and 76th Avenuesi that, on the other hand he was not cert�in how much that would contribute to lowering th3s easeaement. He explained that in laying the item over anotheY year� it would cost more in interest if it were rexorked but the line might not be correct or appears not to be. City Attorney Smith suggested that the public hearing be adjourned so the Finance Director could g3v�e mailed notice to the other eight parcele and haae' the item ready for the first meeting in October. There was a diacusaion regax'dirig costs� area� problems involved� etc. - Motion by Kirkham to continue the publ�c hearing on that part oi Shaffer's � Addition involving Storm Sewer Project #53 to October 5th� 1964. � Seconded by Wri�Ht, Upon a voie� vote� there heing no nays� the motion carried unanimously. •Mayor Nee announced for thoae present� it could be s�id the asaessment would not be any higher then�what wae reported and proUably might be lower slight�y and inquired iP there were anyone else who would wsnt to addresa himseli to the City Council. There was no one preaent who wished to-object. City Attorney Smith explained he had juet adviaed the Finance Director thet it would'not he necessary to aend out notices again to thoae Who had rece3ved them but to get not3cea to ne�r parcele irho would be added. The queetion was raised by a resident �rhy people living in Bloominton were paying $600 for etorm sewer assessmenta on a large tract of land of seVeral acres and she was paying more than that on an 8�+ Yoot lot� that in Columbia Heights they are paying only $85.00 ior a like piece of property, Mayor Nee replied the costs on theae areae might be hidden eomewhere but this area in quest3on was much more expeneive then the City Council had thought it would be� that the interceptor was'spread evenly. The question wae raiaed regar8ing the aeaeesments on the'trailer court and commercial areas. Mr. Comatock replied they did not have lateral ser- - vice, that part of the industrial area did put im a etorm sewer and are in the interceptor diatrict� that� otherwise� they have no surface draina�;e and no-lateral atorm eexer connectione to the interceptor end are assessed for tbe interoeptor. He fl�rther expls,inad there was quite a bit in the area that does not have laterel ses*rlce. Council- I man Wright �nquired oi Mr. Comatock if he had any co�ent �iy the � interceptor Wae so expensive. Mr. Comatock replied oae'o� the reasons __., wae i,h�t the line was laid lower than neceaeary to ieduce the coat of Sewer and Water laterals end it had done this� that tdle-,COndn3t had to be carried to the railroad for an outlet and the..origit�Fl conatruction was in the water table and was more expensive. '€he question wae raised when the due date would be ta pay asseasmente in full.' The Fiaance Direator replied it would be 30 days from October 5th� 1961+. ]► t� �, Po1k Street - Lynde Drive to theSouth Mayor Nee announced for consideration that part of Polk Street and Lynde Driv'e. Mr. Ratner� representing Lyndale Bu3ldera� ateted there was no problem this year aeauming that the roll� ae preaented� was accepted and aseumiag there sre no other psrties invalved that want to change it� they would accept it. He explained 'there was very little property owned by hie company that would be aeseasedy that the previous yeer there was a question irhat portion,they should or ehouldn't pay and thie year he wea wi113ng to accept the roll as presented. There wae no on� present objecting to or invalved in the project. The public hearing was declar'ed closed by Mayor Nee. PUBLIC HEARING ON ASSESSMENT ROLL - ST. 1963-1: Mayox' Nee announced the consideration of en Assessment Roll'for Streete - i963-1. The City Manager read the Notice of Hearing, Vsn Buren Street - 76th Avenue to Osborne Road Mayor Nee annqunced the Pirst item to be considered wae Van Buren Street �rom 76th Avenue to Oabmrne Road and inquired if there were anyone �resent who w�ahed to enter an ob,jection. A reaident atated the only complaint he had we.s�that there are 24 units oi epartment buildings on that atreet and they all use the etreets ior parking� that he had called the police aevere,7, times about the cars parking all along the etreet and if he were paying half oi tha� bill� he wanted to know about it. He further explained these people have placea to pa.rk but they �o not take advantage of it. Mayor Nee inquired what the resident meant when he said they were block- ing the driveway and wae told there ie a car parked on the other aide of tYe street oppoaite hie driveway� that the Qolice keep warning peop]e but it didn't seem to do any good, Councilman Kirkham stated they would have the police start issuing.tags. Mayor Nee inquired if there were any co�nents or objections on this part of the assessment ro].1, There wae no one present in favor of or oppoaed to the asseasment roll. 76th Avenue - Able Street to Van Buren Street: Mayor Nee announced the cons3deration of the area known sa 76th Avenue from ABle Street to Van Buren Street that it involved moatly Shaffer's Subdivision #1 and inquired ii there were anyone present who wished to enter en objection. There was no one preaent in favor of or opposed to the aseessment roll. � � Able Street -�73rd Avenue to 76th Avenue: Mayur Nee �nnounced the conaideration oP the are� known ae Able Street� 73rd Avenue to 76th Avenue and inquired ii there were anyone preaent who wiehed to enter an objection. A reaident stated he was voicing no objectiou but a question and inqutred ii this stipulated amount was going to be the,entire amount or in two yeare ii the reeidente would be assessed for some other thing and iP this wae the total amount ttiey would be paying for that etreet. Mayar ldee replied that as iar se he knew it was all� but that it waa poeeible some yeara irom now there might be a aeal coat on the etreet�but $he conetruction was finiehed. The Finance Director explained this did cover all the costs oi all the work done in the area. Mayor Nee ea[plained on the eide of Able Street that has the duplexee� part of that property tabu]:di soEhe t�Ltie' pay for s,om�lim�rov��ent an �33xd:: but, �l�e part on �h�"We��aitl�r�wqp3�},Sot� so�ti�� �waa+a�v�rq��rzg�_lit�,,lthe�,�forse�a�le , � � �+a�Ux`ri�tt�ihB49dr�s�osiHg. 3+ta�y*orc�l�s'��inquired� if �hEre we3�e $nyane involved on Able`Street� 73rd Avenve to 76th Avenue who claimed their benefit of cA9aulation wae not �ood. There rras no one preaent in favor of or opposed to the assessment roll. " Tenn3son Drive and Miecellaneoua Lota Mayor Nee annpunce¢ the co�sideration of Tennisan Drive and Parkview blanor with eome miacel].aneous lota and inquired if there were anyone present who wished to enter an objection. There wae no one present in iavor oP or oppoeed to the aesesement roll. Taylor Street- 52nd Avenue to Cul-de-sac � �� � Mayor Nee a,nnounced the cons3deration of Taylor Street� 52nd Avenue to the cul-de-s�,c� and inquired if there were anyone present who wished to enter an objection. Mr. Mike 0'Bannon� 5298 Fillmore Street Idortheast inquired what the li�'etime of �he atreet 3n question waa. City Engineer Qvreshi replied it would depend on the em31 conditions and the uae obtained irom it, thai, it would 6e at ieast seven years. Mr. 0'Bannon inquired in case it went to piecee before the seven years� who would pay for it� that the base for i,he street wae questionable. City Engineer Qureshi euplained to the City Council there had been some land elid§s in the area but theee had been repaired. Mr, 0'Bannon stated the ronly thing he wiehed to add was that the road was deteriorated beiore its length roY time and 3t waen't put back in properLshape� that 3t we,s not a etreet to be proud of and this - was what he was asking that he had a lot on it he would never build on and if i.hree years from now they had to put in a new street� he did not want to pay for it. Mayor Nee repl3ed•he did not thlnk enyone would want to �aarentee it, City Engineer Qureshi stated he had eaid 3t ahould be a var- iable, depending on the baae and use obtained from the �treet� that what had happened in thia etreet wae that the water main and blew off and it- damaged the atreet and 1,hey had made the water contractor £ix the street and it had been done. He explained the only thing that would happen Would be that there would be aome holes and the City would go back e.nd have it rerolled and put more asphalt on it. The City Manager etated this mainten- ance ehould take care of the road. Mr. 0'Bannon etated he wiehed to have this go on recordy that the street should laet seven years� that one other thing was i.hat he did have money in eacrow for the houses he had built but there wexe lots that were sold on contract and wiahed to know ii the assessment could be apread for a number of yeare. He explained there'xere several loi,s sold oi� a contract and eome of these might not be built on for a year or two. He further eaplai,ned the lots paid up directly would be Lot 15, 16� 1£i and 19 and ell the rest he wiahed to have the aesessment spread or �iven an option for five yeara to pay, The Finance Director stated i,he,y could make the spread up for the entire p3ece of property. The City Manager explained to the City Councii their motion then woi�ld be to epread the aesesement over a five year pex3tod. There wae no one preaent in favor of or'oppoeed to the assesement roll. Gardena Lane and Circle (Gardena to Woody Lane) Mayor Nee announced the consideration of Gsrdena Iane and Circle i`rom Gardena to 4loody I.ane and inquired 3f there were anyone present who wished to enter an objection. Mr. Sam Tem�lin of 451 Gardeaa staied he had the eame problem as Mr. 0'Bannon� that �the atreet had to be put in on quite unatable ground and he was wonderingw if it would lest very long� that the road wea to have been resurfaced thia past sw�er and inquired if they would be aeaeeeed more Por this later on or 1P the City would do�,thie for the residents later. Mayor Nee replied it,would be regarded as maintenance. Mr. Templin atated he had sold eome lots and anything he had huilt had money in escrow but wiahed to ask that thoae remaining lots be put under a five year aeseaement spread ?or long term contract buyere. Councilman Wright replied the atreet would be repaired and Mr, Templin could laave a Pive year asaessment apread. Mayor Nee stated it was the conaenaus of the membere of the City Oouncil a five year spreafl would be available snd thoae who want to pay it up ehould , do so in 30 days. There was no one preaent in favtlr of or opposed �o the assesstnent ro1l. ti., ,'�' �'illmore Sireet ='�''' ','� :��"`' , Mayor Nee announeed the consideration o£ Fillmore Street Bpd inqu'S,reQ�'if there were anyqne present who wished to enter an ob�ecti4n.';Ttie���tq, Ma.nager explained Mr, Ratner of Lyndale Buildera had tieea in this day to clear this item. There was no one present in favor of or opposed to the assesstnent roll. ' Aldet� Way Mayor Nee announced the consideration of Alden Way and inquired if there were anyone Present who wished to enter an objection. 'Mr. Dennie Dittmer of 7595 Alden Way Northeast raiaed the queation hoW long peerock �as supposed i,o be left on a'street snd how long after this t�ras the sealer coat supposed to be put on. City Engineer Qureshi stated the contractor'wes aup- posed to return and aweep the pearock off. The question was rgised regard- i ty � ing inspection and who would inspect this. Mayor Nee replied it was inepected. The City Manager explained on every.etreet pro�ect there are always some spote that have to be remorked. City En�lneer Qureshi atated if.the street wae not seal-coated� it would be� but befpre it was seal coated� they would patch all the hole's and this is conaidered a part oi the maintenance. Mr. LeRoy Anderson oi,7581 Alden Way Northeast inquired how thick a finished atreet was supposed to be� that their etreet was not even one inch thick. City Engineer Qureshi explained it was �upposed to be an3tthing between an inch and an inch and a half. Mr. Anderson stated another item he wished to brin� to the floor wae that they were near the interaection of R3ckard Road and East River Road.and always had the same problem of a large pool oP wateT on that corner� that,it did not go until it evaporated and the residente had complained about thia many times tfecause the water had no place to go. He atated they were paying a big price for a etorm sewer and the water remains pn Ricard Road and is a real hazard in the winter when it ie all ice. Mr. Andereon inqu3red how the assesementa on the blacktop street were arr3ved at and was �t figured equally. Mayor Nee replied it was based on a front fooi, basis by the project and had worked out at $5.03 per fropt fpot. Mayor Nee stated they wished to asaure anyone if there were any question �'the value of the job� they intended to pureue it and make sure it wa� repaired apd maintained. Mayor Nee inquired on the items oi the question �i equality being pureued ii there were any challengg of the proposed aesess- ment. There was no one present opposed to the assessment roll. A9ayor Nee declared the�Public Hearing on the Aseesement Roll for Street Improvement Project No, i963-� closed. , OLD BUSINESS: �fiCOND HEADING OF APPROPRIATION ORDINpNCE - 1965 �288: . . � Mayor Nee announced for the conaideration oi the City Council the eecond reading oY the ordinance adopting the Budget for the fiecal yeax• 1965, The City Manager gave the aecond reading pf the progosecl ordinance, Motion by Wr3ght iv accept as second reading� adopt and publieh Ordinance #288 adopting the Budget for Fiaca� Year 1965, Secoqded by Kirkham. Upon a voice vote� there being nQ nays� the motion carried unariimously. NEW BUSINESS� BIDS (OPENED NOON, SEPTEMBER 21, 196�F� SS �>B: . , c Mayur Nee announced for the conaideration of the City Council bida on Storm Sewer Tmprovement Project 5�. The City Manager read the bids aloud es followe: , PLAIVHOLDER Barbaroses & Sone� Inc. Route #3 Osseo� Minneaota Lemetti & Sons� Inc. 2560 No. Cleveland Ave. st. Paul, Minn. 55113 BID SUfjETY St. Paul Fire & Marine 5� Seaboard Surety 5$ LUMP SUM B�D COMPLETION TIME �102,972.88 $107,686.00 As Specified As Specified Joh�eon Bros. Hwy & Heavy The Traveler's Construction Indemnity Co. P.O. 1002 5'J6 , � 49�993.9� Ae Specified Litchfield� Minn. Burley Conetruction Co. The Traveler's 49 Signal Hi11s Indemnity Co. W. St. Paul 18� Minn. 5`� $1�+5,633.�J�+ 300 Cal. llays 1( � `� ��:,�: Peter Lamet,t3 Conetruc. Co. 615 Drake Street St. Paul� Minn. 55102 . Petrowske & Aoas� Inc. 3613 - 53 Place Mpls� Minn, 55�+29 Chles I3roi,here 4020 Tyler N.E. Mpls.� Minn. Orfei & Sons� Inc. 1156 Homer Street � • St. Paul� Minn. 55116 Moretinni Conetruc. Co. 852 Westminiater St, Paul� Minn. McDonald-Luban & Aes. 211 Norih Pascal St. Paula Minn. Horace Mont,gomery Conet, 1230 FIighway �100 Mpls.� Minn. 55421 Randall Brothers 3400 Si]ver I�ake Road Mp1s�Minn. 551+18 Minn- Kota Excavai;ing 6332 La]celand Ave, No, Mpls. � Minn. 55�+27 Art Bm31er Conet. Co. 5612 corvalis Mpls.� biinn. 55�+29 B� S�� Seaboard Surety )� . Trana, Amer. 5`� Capitol Indemnity Corp. �`� Seaboard Surety 5� Seaboard Surety 5� �eaboard Surety 5� Ohio Fartner's Ineur. Go. 5� A�,rriculture Ins, Co, 5� Continental Ins. Co. 5� Trane, Amer. Ins. Co. 5� LUMP SUM BID COMPIETION TIME $116, 51�1.23 $io5,653.85 $179,950.00 $iii,93o.90 $ii4,767.00 $13�,277.00 $141y501.25 $115,500,00 $�6, 340.1+2 $i49,7o0.00 270 Cal, Days As Specified 300 Cal. Days As Specified Aa Specified As Specified 270 Cal, Days 250 Cal. Days 120 Cal. Days As Specified TH@ City Ma.nager read a cou¢nunication from the coneulting engineering firm of Comstock & Davda� Inc.� naming the low bidders� coet of project and approximate difference in estimated figures� and recoa�ending the low bid oF Johnson Brothers in the emount of $99,993•95. PQayor Nee�stated the bids had been favorable and were 15� under the engineering estime.te. Motion b,y Wright to receive the bid report and award the contract for Storm Sewer Improvem�nt Project 5-B to Johnson Bros.� Highway and Heavy Construction� P.O. 1002� Litchiield� Minnesota in the amount ot' $99,993•95 with complet,ion time as specified. Seconded by Kirkham. Upon a voice vote� there being no nays� the motion oarried unanimously. BOAHn OF APPEAIS ME�TIIVG NiINU'PLS, SEFPEMBER 9, 1964: PUBLIC f�AiiING ON A REaUFST FOR A SPECTAL yn Mayor Nee announced f'or the �ons3deration of the City Couricil a request for a cpecial use permit for the-const�te�hion of a double bungalow aY�d a reqnest for a variance of a front yard setback requireme�t. `Phe City Manager lU� � explainedlto the City Council sethack requested and gave the reco�ended approva7. of the Board oY Appeals.� ' . . . . . , 'Motion by Wrfght to concur witH the reco�endation of the $oard of Appeals ead grant the variande �from $ection �+5.26 by waiver oP front ya�`d setback requirement iriom 35 feet to 20 ieet� City Code of Fr3dley, Minnesota� 1963 on the Southweat 1��+ of Lot 7i Subdivision oY Lot 7.0� Auditor's Subdivieion No. 91F� Anoka County� Minnesota same being 5355 F117more i Street Northeaet by William=Shielde. Seconded by Kirkham. Upon a voice vote��there being no nays� the motion carried unanimously. PLANIQIATG'COMMISSION MEETING MINUl'ES, SEPTEMBER 10, 1964: . PUBLiC HEARSNG: REZONING REQUEST: ZOA �64-09. DR. RICAARD TREZONA: ET � � • . . , The City ManageT read to the City Council the recommended approval of the Planning CovIDOiesion aubj�ct to th� dAdication oi thirty feet �,for etreet purposee�from that part o� the property abutting on 5th Street and , ststed if the City Council wiehed to cdncur they vrould direct that a • pubLic hearing be eet. It waq explained that ire eome way the legal description was ahort 100 feet and 3f the public heering were directed� they woti].d 'order it be based on 335 �'eet rather than 235 feet. � � , � � � �Motion by Kiikham to coricur with the reco�epdation of the Planning Coimniesion and order a public h@$r3ng on the rezoning requeat� ZOA #64�9 by Dr. Richard Trezona Et A].: Rezone Pr� R-1 5ingle Femily Dwelling� to G1� Loca1 Buelnese Area� the Southeast Cprner of Mieaiesippi Street aad 5th Street� Lots 1 and 2� Isots 29 and 30� Block 2� Proposed Riedel Plat as revised. Seconded by Wright. Upon a voice vo�e� there being no�najre��the motion c�rried unanimously. LOT SPZI'P REQ,f1ESTt L. 5. #64-17. WAL'PG'�R A. PETERSON: PART OF The City Manager read to theCity Council the reco�ended approval of the Planning Comnie0lon and etated there wae a letter from Mr. Petereon� owner� requesting'the lot eplit 1n which he indicated he could accept on3.y a 68' deep lot and the eplit t�rould be 68' from Gerdena because . of hie driveway. It was e�cplsined the ple.nning Co�iasion had g�mne along with the $0 foot deep lot d�eeling they could have an easement to prov3de driyeway privileges. The �ity Manager further explained Mr. Petereon eaye thie ie now imacceptsble to him or the mortgage company and 9aye'68'+Yeet ie necessary and wante:aseesemente back if he doeen't get two lote� thh� eince there are t�+o building sitee� that wa.s the basis at the time � line was run in. The Finance Director atated the - propex�ty had been aeeessed on two 1ota, The C3ty Manager explained the easement proposition wae not satietectory ao thet they City Council wovld ha.ve'a choice-of authmx�tzing'a lot eplit oY 68 feet. Counci]man Wriglit eta'�efl he wiehed an opinion on the refund demended and how it a.�iected hie assessment, The Finance Director explained it was the fact Mr, Peterson Yeele if he can't eplit his lot he should not pay for the eervice ior 'bhe'other lot ii i� ie going to be kept se one building lot� that he ie aseeseed eo'many %et on'Benjamin Street and also on Gardena, It srae further explained by the Finance Director �hat whenever there ie a - large parcel� normally you seaeee for the frontage and then if the lot is of auch depth the owner covld logically split! they would be asaessed where thoae building s3tee would be. , e Motion by Wright to reYer the lot;eplit requeat� L.S, #64-17 by Walter A. Peterson on Part oY Lot 23� Auditor's 8ubdivision #92 to the Planning Con�is�ion vt3th correspondence attached. 6econded by Kirkhem. Upon a voiee vote�'there be3ng'no nays� the motion carried unanimously. ��U The City Manager explelned to the City Council the Teques� for a special use permit,for a double bUngalow �.nd ge.ve the recommeaded appro�ral of the Planning Commieaion. Mr. Bernard Wolke� cantractor� was preaent to expZain- the area to the City Council� also� the double bungalow to be built. The City Manager atated the Planning Co�niesion had also recommended the ]ot split requeet necessary for,the double bungalow and 3f the City Council concurred in the special vee pxemit they could aet a public heariAg. Mr. Wm. Shietide was preeen't to explain the area, motion by Wright to concur With the recommenda�ion oi the'P�anqing Connnis- �ton and grant the lot eplit requeet� L. S. #64-22� by William�Shielde on the Eaet 75 feet od' the South 1�C0 feet oi' the ilesterly,;1�0 feet oP Lot 7 of Subd3viaion of Lot'10, Auditor's Subdivieion g�94raad ' the West 75 feet of the South 140,feet oi the Weeterly 150 feet of Lot 7 of Subdivieion #10, Auditor's Subdivieion #94. Seconded by Kirkham. Upon a vo3ce vote� there being no�nsys� the mo�ion carried unanimouely. Motion.by Kirkham to concur with the reco�endation of the Planning Co�iseion and set a public hearing for a double bungalow special uae. permit� SW 1�4 of Lot 7� Subdivis3on of Lot 10� Auditor�s Subdivision #94 bein 5355 Fillmore Street N, E�� request by Williem Shi��da� 1300 Highway �100 Northeaet, Seconded'by Wright. Up9n a voice vote�_there being no nays� the motion carried unanimously. �� .. � FRSDLEY SAFETY COMMITTEE MEETING MIIVUTES, SEPTEMBER'16,�196�+: Mayor Nee announced for t}�e consideration of tk�e C#ty Councll the receipt of the minutes oY the Fridley Safety Co�i�tee Meet3ng heid ueptember 16, 1964. Motion,by Kirkham to receive �asid file the minutea oY the Fridley Safety Committee Meeting held September 16� 196�F. Seconde@-by Wright� Upon a voice vote� there being no neys� tLe motion carried unanlmbusly: P , , �OMMfJNSCATIONS i � ° �� . , t . , I , � - � �,, , I T. H. #47 AT 67�x ,�m azcE �' , , Mayor Nee announced Por the coneideration of the City;Couneil.a,communi- cation from the Stete of Minneeoia Highway Department xeletive,to croseovera. The City Msnager exp].a,ihed for Qouncil,membera tha',area where Rice Creek Terrace comes onto the service raad�;there is a eMOes- over and reaidenta atate they had been to_the �ouacil,previously apd had been told the road would Ue closed and he had ssked;the 3.tate Higpway Department to look 3nto the matter and they eag-they would not have any ob,�ections to cloaing a part of this'croeeov�m�,aqd would put;gitard rail posta� etc.� there. Me,yor Nee suggested the matter',be aent to,the,Streeta and iJtilities Cou�isaion. The City Manager replied the�e wae no particular reaeon ior this crdseover end it would be closed in about a year when Trunk Highway #47 was constructed, There•was s diecuseion period held regarding resaor�s Yor closing the croseover��aecidents� if inerchanta want3,ng i,t left ogen� e'tc. � � � � � Motion-by Wright to suthorize the City Manager to prepare a resolution far the next regular meeting conai�dering the closing'of�Rlce Creek, Terrace on the Weat s3de of Trunk Highwey #47. SeconSe$ by Kirkksm. Upon a v6ice vote� there being no nays� the motion carried una.nimouely. -- I III J _1 ��� COUNTY AT]DITOR: EiECTI0N5: Meyor Nee anno�mced a co�unciation from Mr. Kenneth W. Campbell� Anoka Cduaty�Ad$itor� i�egarding election retvrne and stated it deserved note because the County Auditos wrote end complimented the ataff snd election judgee f7rom Fridley and wae also lntereating that Mr. Campbell had invited the City Clerk to help train other people in the County so that they undereta.nd.the laws and regulat3ond. i- � . Mot3on by Wright to receive and Yile the communication irom Mr. Kenneth W, Campbell� Anoka County Auditor regarding election returns. Seconded � by %irkham. Upon a wice wte� �ere being no naye� the motion carried unanimously, CITY ATTORNEY:, COURT ACTION: � Mayor Nee'ennounced a co�unication,from City Attorney Smith regarding a laweuit of Jamee Wedan - ve - The City oi Fridley. The City Manager esplained the motion� if the Council so desired� would be to employ Mr. Andrew Kohlan ae epecial couneel o� the matter. ,� ' - � Motion by Kirkham to employ Mr. Andrew Kohlan as epecial counsel on the matter of James We�an - ve - The City of Fridley. Seconded by Wright. �Upon a wice vote� there being no nays� the motion carried unanimously. CTTY ATTORNEY, TRIPLE}C• Mayor Nee announced a communication from City Attorney Smith xelative to a building permit for a tri-plex in Block 14� �amilton's Addition to Mechan3csville and requeated an e�rplanation oY the law in thia matter. Mayor Nee atated th0re ahould'be �ome way the City Council could talce action an8 inquired,if an.owner could sell all the property araund his house� if he so choee. City Attorney Smith replied they could support the theory oY the land around the building but there waen't anything in the code othe�rise� that they ehould have a,general provision where there ie an appl3cation for any permit or license and there ia a falee atatement made that it �61 in violation. He further explained the same was true � for sny application they might have and thie had never been ape�ified. _ Motion tiy Wr3ght that the City Council direct the City Attorney to prepare an ord3nanCe,making it the case that any false or untrue statement made • in the queetion'oY lieenaes or permits be coneidered a miademeanor, City Qttoxney Smith etated he had�checkBd the code and coflld not find any- thing�Mr.�81rd had violated. 'Me.yot' Nee atated anyone could ai'iord to take - t- i judgement oa e miedemeanor if th�y co�Sld get a dollas advantage. Mayor Nee' inc�uired iY it would ma.ke it a misdemeanor to melte fa.lae atatemente in application Yor a license or permit. City Attorney $mith replied in order to get e building permit he would have to show he had sufficient side and Yront yard� etc. Councilman Wright inqu3red if a Purchase Agreement wasn't euiYicient title to the land. City Attorney Sm3th replied the.t even in the esae in question� the owner satd he had a P�u�chase Agreemen�� that he never esercised the Puxchase Agreement on the additional land so it�never came to him. Councilman Wright inquired ii thia wae at the time Mr. McClieh.bought the tri-plex and wae told thie was correct� ths,t it could be bound becauae the mortgage went on a smaller �� epace and this wae in v3olation oi the Fridley code, Counci].man Wright 3nquired iP the City oi Fridley could take any action against Mr. I McClieh &nd was told that for the area the triplex,wae applied for� they could not ieaue any more building permits, Seconded by Kirkhsm. Upon a voice vote� there being no nays� the mo�ian carried unanimously. .CITY ATTORNEY: DELAYED CERTIFICATiON OP ASSESSMENTS: -1'� `� Mayor Pdee announced a communication from:the City�Attorney relative to the delaying of the Certification of Aaseaemente. The City Manager expla3ned to•theCity Council this item wae primarily requested by Councilman Sheridan and inYormative only and would h�ve bearing with regard to the hearing at the next meeting. � Motion by Kirkham to receive and Yile the co�unication ?rom City Attorney Smith re�arding the Delayed Certificatian of Aeseeements. Seconded by Wright, Upon a voice vote� there being no nays� the motion carried unanimously. iiILLTOP: F]RE CONTRACT: . Mayor Nee announced a communication from the Vil].age Clerk at Hilltop requesting the City Council continue service Por one 3tear under the terms of the previous a�reement and inquired ii thie item had been reviewed hy the Fire Department. Mr. Bob Hughea� Chief oi the Fridley I'ire Department was present and atated-they�had not diecussed thie • item since their previous meeting�when some membeYs�of the;City Council were present; that� at that time� the Village of Hilltop had stated they were about to buy a truck� put up a building end establiah s Fire Department� but even with th3s� they.would have to have a lasge department backin� �hem up and could not-reeiproc ete for Fridley. It was explained that after the establielament of'their own deparCment� IIilltop would have to have a contract to back them on future 18r�e fires. Chief ilughes stated one thing they had not known previously wae the - fsct Columbia Heights was trying to take over this department and was trying to have them lose their etatus as a municipal goYernment. Mayor Nee lnquired if there would be a meeting soon and wae told there would be a meeting the firet Thureday in October. Councilman Wright inquired if� �t the moment+ Fridley wae giving them temporary eoverage end was told they were until notification to the contrary. Mayor Nee explained theCity Council was inclinedc,to do this,�bnt he wiehed to talk to the Fire Department membere again. Coun�il�han F7r3ght etated the ir.clination of the City Council wae that Hilltop wae,on ite way to having a depsrtment af ite own. ChieY Hughes e�cplained that w3th having a department of ite own� they would etill not berable to handle the largest fires and would have to have srmieone to come in $nd�back them up,on a large f3re. Councilmazi Wright inquired what pe�cen�age of the • fires would Fridlq� not anewei and wae'told that of abou��;iive,�a year� one call could be a bad fire and would have to be anewered and'tras not a great reeponaibility. Chief Hughes stated the City of Columbia Heights was not in a better position than Fridley,to help Hilltop but could underetand why Hilltop did not apply,to them 3or a contract. Couneilman Kirlcham inquired if Hilltdp� havirig'their ovm,equipment� would remove moat of the objectione the men of-the Friflley Fire Department had and wae told it did� but there v�ere soma�,in the depart- meni� that etill objected to going to Hilltop'snd some that had changed the3r minde. He etated Chief oi Fire Pxeaeation Aldrich s+ae,oppoaed to it, Mayor Nee inquired if thie item could be bn the ageada for the next meeting of the Fire Deperiment and wae;told 1t coUld and the members of the City Council could att�nd. • Motion by Wright to receive the communication Yrom the Vi�lage Clerk of the Village of Hilltop regarding Pire �rotection �nd xefer eame to the next meet3ng of the �'ridley �'ire Department. Seconded by Kirkham. Upon a voice wte� there being no nays� the motion cerr3ed unattig�ously. FINANCE DIRECTOR: OUTMET'I� TERRACE ASSESSMENTS: Mayor Nee announaed for the coneideration of the City �otimcil g�memo from the Finence Director regarding aesessmente on Ouimebte,Terrace. The City Manager expla3ned to members of the Covncil'the owner wanted all asaesements epread ine�ead of��being due'at'oae time��in��'oae year. It was further explained the City Council had previously �taived one year requiremente in this area and had also done so iu some other instances. It was also explained there would have tq be water and � 1 �,� � aewer lines run and etreet eurfacing done on all qf the property. The City Manager stated there wae no consideration regard3ng the existing special aeseasments and this wae an area where the aesesemente were quite high, Motion by Wrigbt that the �ity Council grant the waiver of the require- menta that the epecial sasesmments in Ouimette Terrace Plat do not have to be paid at.t$e time property is transferred and also any fu�ure asseae- ments will be epread over a period oi years rather thsn the requirement of one year on new plata. Seconded by Kirkham, Upon a voice vote� there being no nays� the motion carried unanimously. Mayor Nee explained for the iniormation of the public� thie was an area where very high assesaments had been �pread on large lota xhich had forced people to plat relatively small piecea oi property and the City Cou�cil had been trying to make it esey Por these people to undertake a plat without` loeing their residence, -s, , 5AFETY COhIl�iL'lTEE: .GRA11E'SEPARATION: Mayor Nee'ann0unced ior the consideration of the City Council a communi- cation i'rom the:SaYety Co�ittee regarding,a grade eeparation on the railroad tracke: The City Manager explained the propoaed meeting was not-to be oY� the giade eeparation and County Co�ieaioner 0'Bannon was , �present and perhape tShe�County Board vould like to have eome co�unication �i�om the City,�CounCSl if they were interested in a�grade separation when��,ihey�dmprove Mieeieaippi Street. Mr, 0'Bannon etated he had talked to Mr. I,undheim� County Engineer� and he hsd eaid it would have to take some engineering etudy. He Yurther atated the question had been raised how deep this t�ould be and if the City oY Fridley wanted the County to te.ke an engineering etudy on,it� it would be wiee to direct them to do eo and they wovld proceed from there. Councilman Wright etated it was hie opinion this'had to be done befo�e the widening of Misaiseippi Street. Mr. 0'Bannon stated Miseieeippi Street would not be widened unta — HighWay #47 wse pvt in. Councilman Wrightstated that along with the widening of M3asieaippi Street and grade aeparation of the railroad he wished to see eome engineering on 61et Avenue Northeaet to the Weet to Eaet River'Road. Mr. 0'Bannon replied the Highway Department would not want eignals that close together. Councilman Wright etated there were four thinge that were involved� the widening oi Miesieaippi Street� the grade aeparetion oY the railroad tracke� the grade sepsration on 61at Avenue and a traffic eignal on 61et Avenue and Eaet River Rosd. He further stated 61et Alrenue could be extended as arState Aid Road snd would relieve some oi the problems in,going Eaet to West i,n the City� that there would be a achool West of East River Road at 61et Avenue which would require access and it ehould all be plsnned now. Mo$ion by Wright to dire�et the Cit� Menager to write a letter to the County oi Anoka. expressing an 3ntereet or� an engineering etudy reg�rding the widen3ng,oi Miseiesippi Street� the grade separation of the railroad tracke� the grade"eepex�tion on 61et Avenue and a traffic signal on 61et Avenue and East�River Road. SecondGd by Kirkham, Upon a voice vote, there being no nays� the motion,carried unanimouely. County Co�iseioner 0'Bannon atated there hsd been aeveral requests made to him regasding the epeed requeate North of Moore Lake on Old Centrsl Avenue and eleo putting a patrol there to keep the set limit, fte atated they could requeet a 35 mile limit taor whatever the pleasure of the City Council would be but it had become e speedway and the reeidents had asked it.it covld be�'raieed to 35 miles per hour and patrol the atreet. The City Manager;°explained to the City Counc3l at one time on old Cen�ral when it we�e'propoeed to wj.den it the Council discuased the entire area� from Mise3esippi'Street South to �65 and #47 to Oaborne Road and now the people were asking from Osborne Road to nesr the beach and 35 milee per hour North oP the beach to Highway �65. Mr• 0'Bannon explained the State Highwa.y Department would•tell them,what apeed limit it would be. Mayor Nee seaei�ted �he item ehould be returned to theCouncil floor on a regular agenda before the entire Council. 17 �� County Commiasioner 0'Bannon alao inquired regarding signals st Central A$enue and F[ighway #65, The CSt Manager replied there had been a communicatlon in which Diatrict �5 stated their study wae based on the preaumption there Wovld be a signal there, The City Manager 3nPormed theCity Council the Safety Cor�i'ttee would like to meet with them to diecusa the3'r Yunetion and feeL eome of their reco�endationa have not been taken up by the City Council. ` VISITORS: - ' t Mayor Nee 3nquired if there were anyone not liated on the Agenda for th�e evening who wiahed to be hee.rd. ' Mr. Steve Iiawryeh wae present and stated the Random CorQeaation owned an apartment bu3lding next to his� that each time it rained their area waehed sand on hia drive and wa9 ruini�tlg,�is eod. :He_ivrther stated he had ofiered to pay 50;� to do eomething about the unYiniehed $rea but had been told they would do nothing becauae the City Ea�ineer had said to leave it that way. Mr. Hawrysh asaerted he did'not Peel anyone would want to build a city like'thie and'explained'Rendom Corporation had eloped their lot eo that it waehed down on his drive- way. City Engineer Quresh3 etated fie lmew the problem but wae not involved� that Mr. Haxryah had been told thie by the previoue city engineer. Mayor Nee inquired if it wae a queetion of sod or run-off and Srse told it was a guestion of sand Ylowing on his proper�y and gave hie addresa as• 195 Mercury Drive. Mr. Hewrysh stated hie lawyer-wrote to Rsndom Cor- poration and had been lgnorec� that 1Y the City could do noth3ng he would have to take Random Corporation to court. Mayor Nee replied there were lawe on thie and the�City Manager would investigate the matter. Councilman Wright also etated he'would iavesti- gate the problem. . ' ",' Mayor Nee announced theCity Council xelcomed anQ ealuted membera of the Teacpayors Aseociation and League of Women"Vatere �reaent, CLAIMS: . � � � '_ Motion by Wright to approve the paymerit oP Genersl Claime�#329i tnro�h #3�78. Seconded by Kirkham. Upon a Wice vote� there beiag no nays� the motion carried unanimously, ' " �, Motion by Wright to app¢�ove the payment of Liquor Claime #6692 through #6743. Seconded by Kirkl�em. Upon a voice vote� there being no,naye� the motion carried unanimously. Motion by Wright to approve the payment of Public Utiliti,ee Claims #35� through �3620. Seconded by Kirkham. Upon a•voice vote� there being no nays, the motion roarried u�eanimously. � ES7'IMATES: . �, � Mayor Nee announced for the conaideretion of the C1�Cy�COUnci1 estimates and atated there was an estime.te Prom Hurley'COns�iruction„C�Bay � � of St.'Peul� Minneeota not eupported`by teetimony ixro� the'"en�qineere. I The City Manager explained the City Engineer eubmit9'sti�eetimste';and � I Only the final eetima�ea are detaila given on. Mayor Nee�,'etated,he wae � not interested in paying this estim�te until they coiL7.d, gii�e 'serv'ice to V'iron Induetriea. The City Me,nager replied that'regArding,that-part of the'contract they wout.d nndoubtedly have to authOr'i2c eo�e'��oveYtime although they had been pushing the contractore;�that 'bhey�had'ra'',comple- tion date of Novem�er 15th and are in �dvance of that: '*He�'!e�cpleined there was to be a meeting the folloeitlg day and wauld have��to authox3,ze some addi,tional coets to make every eP£ort to get the ,�ob done by October lat, that he had talked to Viron this day and they had eaid they would have to adjust their thinking about moving to October 15� Mayor Nee � { J stated he vrould be willing to esll a epecial meeting ta handle the item. Mr. Cometock� consulting engineer� atated the Hurley Co�,ructian Company had not been extremely cooperative� that hie iirm had managed to convince them they needed more well points and it was the Yeeling of the consulting engineers �ireeently� Hurley'Con;st3uction would not make it by OctoUer lst and ehovld have eome etepe taken� some additional we11 points and overtime. Mayor Nee stated the City Council Y�ad �oade ;e. coamiit�hent to Viron to propide aervice snd they had put a plant there and if this would motivate them� he uould be inclined to try it and further inquired what other,pasta ;qP the job had to be done. Mr. Comstock replied the storm sewer work o1a Woody Lane� the water line on Wsahington Street, Lakeside and MeKin].ey Streete and further explained there was sleo two pieces of equipment working in Fridley and�conetruction raas conaiderably more difPicult thanrtwhat they had anticipated. Mr. Comstock aseerted it was questionable 3f thie company could complete their contracl, by November 15th and thie would be one of the point6 to discure at the meeting the f611owing dey. Councilman Wright auggested Hurley Construction Company could be told if they completedkthe particular phaqe of their work for Viron in time� the City Council might be willing tq delay the rest of tke contract past November 15th. Mr. Cometock replied thie was one of the thinga that would be talked about but it was� nevertheless� their duty and respoaeibility to eubmit these certificatee every month, Mayor Nee inquired if Hurley Conetruct3on Company had completed work in the amotult sul�mitted and was told by Mr. Comatock they had. Mot3on by Wright to approve the following eetime.te: Hurley Conetruction �+9 s3�,a1, ailie St, Paul� Minneeota Co. 55118 •� San3tary�Sewer and Water Improvement Project No. 67 and Storm Sewer Improvement Project No. 68 (Partial) Eetimate #1 $20�512,74 Seconded by Kirkham. Upon a voice vote� there being no nays� the motion carried unanimouely. Motion by Kirkham to approve the following estimates: McCarthy Well_Company 670 Euetie 3treet St. Paul� Minneeota 55114 Water Improvement Project No. 34-Q Estimate #2 (Partial) Cometock & Davie� Inc. Consulting Engineera ` 1�+1F6 County Road "J" Minneapolie� Minneeota 55�+32 Water Impravement Project No. 34rQ, Storm Sewer Improvement Project No. Sau3tary Sewer 8� Wat,er improvement Pro�eet No. 67 Weter Improverment Project No. 34,rN Water Improvement Project No. 34-0 Storm Sewer Zmprovement:Project No. $ 5,146.20 $ 30.00 68 720,00 2�222.50 97.50 467.50 S�A 1 P5a.00 ,5 7�50 Johnaon Brothera Hwy & Heavy Plon�§trae�+ore� Inc. P. 0. Box 1002 Litchiield� Minn. Water Improvement Psoje�et No. 34-Q, Estimate #1 (Partial) $ 7�722.90 17� Northern Con�racting Co.� Inc, . Box ��308 Hopkina� Minn. , Sanitary Sewer and Water Improvement Project NoJ 61 - �etimate #3 � g3n�l!) $ 3,351.02 Comstock & ➢avie� Inc. . Consulting �ngineera � � 1446 County Ro�d "J" , Minueapolis� Minneeota . . � > Sanitary Sewer and Waterrlmprovement • 1'roject No. 66 - Estimate �2 (Fina.l) $ 184.11 Sanitary Sewer and Water Improvement Froject No. 61 - Estimate �'2 (Final) ' $ 33�.� Seconded by Wright. Upon a`voice vote� there being no nays� the motion carried unanimouely. . . LI(�NSrS : Mayor Nee announced for Covncil coneideration license appZica'tlons. The City Manager stated he wiahed to'add under Cafe Licenees the application by S.A. Carlson for sandwich machine at the Family Billiard Center and further stated there wae a note Yrom,the Health Inepectox approving seme, r _ . Motion by Wright to approve the issuance of the following licenees as amended and including the Iicense by the Family Biliiard"C�ter: GENERAL• CONTRACTORS . Blanake Construction Company , . , 108 Patton Road . ` ° � �� New Br3ghton� Minn. by: Bernard Blaneke NEW - � � Harold's Construction Co. Scandia� Minneaota by: Harold Splettetoeater NEW Hillaide Buildere� Ine. - � �� � � . � 7238 Chicago Avenue South Minneapolis� 23 Minnesota - • by: George Sluseer NEW G. L, M111er Company 4237 Weat 25�h Street . , Minneapolls 16� Minn. by: Gerald Miller ' NEW MASONRY 1 , � All State American Concrete-� Inc. � � 2659 Dupont Avenue South - � Minneapolis� M3nn. by: K. J, Walker RENEWAL Bec Concrete & Maeonry� Ine, . �� � �� IIox 58 � - ' , - Mora� NI�inn. , -- by: Jerald J. B3xby u NEW CAFE LICENSE B. A. Carlson . , Family Billi�d Center . . ' 6237 University Avenue Fridley� Minn. - • by: B, A, Cerlsoa' NEW , , �� Seconded by I{3�kham. Upon a voice vote� there being no naye� the.�otion carr3ed unanimouely. I _1 I _J li --� � I' i Y�� P�TITION, #37-196�+: .Mayor Nee announced the coneideration of a petition with reYerence to removin� the bue t�rvice. The City Manager explained the City Council had previouely givea enK,offer to them� that the bus company felt they had no c�sy to stop and back up and croea,aver University aiid return eo they ruled'out the coneideration. The had ea3d they Would take a look at a new propoeel to Oeborne Road in about s year or two and turned down the _ run to,6']th Avenue and Monroe,Stree�. Mayor Nee inquired if the City oi Fridley grented the bue company a franchise and wae told they did not and the bus„compeay wae not intereeted in apything but the service they aow had., Mayor Nee inquired 1Y the city could intereet Anoks in e better aervice and give them a franchise. City At�hrney Smith replied they„would have to go through the Railroad snd Warehouse Commiaeion and wae not ei�re the city of Fridley had the right to give anyone a franchiee. � Motion by Wright to receive Petition #37-1961+. Seconded by Kirkham. Upon a wice vote� there being no nays� the motion carried unanimously. MotiOn by Wright to direct theCity Attorney to contact the Railroad and Warehouse Co�iesion with regard to franchieing other bus lines in Fridley,and dealing with existing l�nea in Fridleyr Seconded by Kirkham. Upon a voice vote� there being no nays� the motion carried unanimously. CONSIt�RATION OF MSA PRIORPPIES: , Mayor Nee announced for the conaideration of the City Council Minnesota �tate Aid pxi.oTitiee se listed. The,City�Manager expla�ned to members oP the Council that with the State Aid�estimate available throu� 196�+, they could;comglete Iteme.one through five as listed not accumulating any more Por,,�othex '�etreeta.or peal coating with the exception of that I_ accumu].ated ia ltem 3. He further e�cplained the queation was the order of priority and 61et�Avenue wae not lieted but it would appeer all work i could be done through Item 7 by using $26�252:0o in 1965� that if the work South of Highway #100 with Col�bia Heighte and the Minnesota Highway Department ie not done i�ediately� they could actually authorize a1]. work through Item 8 of propoeed liet, It was etated by the City Manager that some time in 1965 they could coneider the poasibility oi' borrowing funde against the Sta.te Aid�money to complete whatever they wiahed to do and could complete through; Item 8 in 1966 without bonding and through item 5 in 1965. He etated he had placed this pr3ority as he 'had underetood it from previoua Council d3snusaion; that 7th Street had been promised for 1965 and regsrding 7th Street he wiahed to introduce a letter rgcei,ved thie day in wh3ch it esid 7th Street was terrible and wea a deYiniie requeat to have i� fixed. " Mayor Nee atated it xsa his feeling priority claim #9 regsrding the SS#]2� 45th Avenue Qutie].1 wae the most important clai� and inquired when thie would be settlet� Mr, Comstock� coneulting engineer� replied all meetings had been postpoaed vatil Columbia Heights would meety that the Diatrict Engineer would continue to attempt a meeting. He explained it wae said Col�bis Heighta rise reviewing and checking on the recent figures they had received from the Highway Department and the Highway Departmentwbuld like to get thie i±tem reeolved thla fsll whether they could accomplieh this depended op Colt�b�:a Heighta,had uo aeaee��ment baeis for their etorm sewer eyatem;and thia wae one of the reaeona Por the delay, t�at this -- particffilar,item had been placedi�9th becavae it didn't appea; to be im_ mediately regplved. He further atated iY it we�� aesolved it would force Frtdley to borroW againet future reyenues,� Mayor Nee asserted it had occured to him iP they finished out 73rd Avenue� they would have eervice in thet area that would be,evfficient for temporary use, THe City Mane,ger replied at the public hearing thia had been mentioned and he had felt ,theae, areae mentioned�were all eomewhat promised by the City Council. j�E we,s indicated City Engineer Qureshi wae interested in completing Items 6 and 7,on Msin Street� 57th to 58th Avenuee. City Engitteer Qureshi explained the area crn Main Street and 57th Avenue. 17 �3 The City Manager suggested to the City Council if they wishad to direct the administration to do so� they could etart on Item 4- N5A 312� 7th Street; Ii.em 5- �1sA 307�, T.H, to #47 to T,H. #65� 73rd Avenue Northeast; Item 6- h15A 311� Main Street� 57th to 58th and• It�' '�' - MSA' 301� 5'jth AvetSue, City Engineer Qureshi explained the aeal costing'�would be uaed on the streets that are up to city apeciPications and i'urther explained that he felt preventative maintenance elwaya�paid oPY in y�eare to come. The City Manager explained the coets�'ae liated� were all eatimatea and might be d3fferent; that the prvblem was there had'to be prioritiea and they might have to buy right-oY-way in aome placee but did preeume I they would acquire these. A Diacuasion period was held rege,rding itema � of priority and their succeesion wlth item'9"perhape p].anned for 1966. Mayor Nee inquired if thia could be planned Por the following year and was told they could have the pvblic heeringe and all other neceseary plaae " and work done thie winter, The �3ty Mane.ger inquired iY the City Counc3l wiahed ta proceed with Item 5� MSA,3o7, 73rd Avenue PFbrtheast reduced to Able Street to Highway #67g, Mayor Nee inquired if there wae any chance of �etting Able Street to High�iay #65 this year. City Eagirieer Qilreahi replied they would have to have s public hearing and recelve''the plane and advertise and it we.s iather late in the year, The Fitlance Director stated he did not think it was neceseary to hold a public hearing out ' beyond Able Street. Mayor Nee inquired iY the base in�the'street"wa,s the right base and wae tdld by City Engineer Qureshi it Wae not.' Councilmon [�right inquired what cou18 be do[re in getting the baee right"so i� could be driven on. City Engineer Qureehi stated that anything iater than the next month might be too late. Motion by Wri ht to give ir�ediate Minneaota State Aid Priority to Item 5- b1SA 307, (T.H. #47 to T.H. #65) 73rd Avenue Northeset'reetricted to the etreet from 73rd Avenua from Able Street to Highway �65; that the sec6nd priority be given to Item 4- M4A 312 7th 3treetj third pr3ority to Item 6- MSA 311 - Main Street (57th to 58thj; fourth priority to Item 7- hiSA 301� 57th Avenue for the Eng3neering Department to`proceed with plann3ng for the construction, Seconded by iElrkham. Upon'e voiee I vote� there being no nays, the motion carried unanimously. ' • .. .) >64 ]7ETERMI�ING `PHE NECESSITY OF TAX LEVX'TN Mayor Nee announced a reaolution determining the aeceeeity'of a tas levy in exceas of normal City Charter tax limita. Motion by Wright to adopt Reeolution #196-1964 determiuing the necesaity of and providing for a tsx levy in excees oY norme,L,City Charter tax'limite. Seconded by Kirkham. Upon a voice vote� there being�no ne,yb��t]ie'motion carried unanimously. ' ' xESOLV�rzorr �i97-1964 c�xT�t�xG t�uia. LEVY To cotrt�rx - 1965: , „ . . , ,-,i � Mayur Nee announced a reao2ution for the consideratiott''of the'City'Council certifying tax levy requirements for 1965 to the County oY'Anoka for collection. . , � Motion by Kirkham to adopt Resalution #197-196� certifying ta�c letry requiremente £or 1965 to County of Anoka ior collection.-8eearided� by Wright. Upon a voice vote, there being no nays� the mot'ion�esrried unanimously. The C�ty Manager expla.ined the figurea,were not ex9etly the same ea the budget�*that it ia based on +��n c011ection. " � i � RESOLiFP�ON CONFIRMIlVG AS3ESSMENP - SS#S3� ' ° � � " " ' Mayor Nee announced a reaolution for the conelderatYon of the City Council confirming aesesement for Storm Sewer Improvement Project`No. 58 �d atated one part of thie assesament had�beeri'adjourned. 'Phe'City Maasger explained it could be returned to the Council iloor at the next regul.ax m0�'ting. There �ras no Council action. t�soLVmzoN �198-1964 coNFlRt�unrG AssESSMENm - sT 1963-1: l�� Motion by Wright to adopt Resolutiott #198-196k confirming Asaesament for Street Improvement Project No. 1963-1 With the pxovision of s epread oY aeaeeamenta for iive yeara on thst portion lying on Taylor Street� 52nd Ave- nue to cul-de-eac and also a five year spread on Gardena Lane and Circle� Gardena to Woody Lane and noting there were no objections. Seconded by Kirkham. Upon a voice wte� there being no nays� the motion cesried unani- mously. RESOBt�ION #199-196�+ SETTING POLICY - RE: CURB & GVlTER; Mayor Nee anaoueed a resolution regarding the setting of a policy on concrete curb and gutter and stated Councilman Johanaon had been in favor of it. Counci]man Wright asserted concrete curb and gutter would be most helpf�7.. Motion by Kirkham to adopt Reaolution #199-1964 setting a pol3cy regarding concrete curb and gutter. Seconded by Wright. Upon a voice vote� there beittg no nays� the motion carr3ed unanimously. Counc3lman Wright inquired iY they would be able to waive thie requirement under epecisl circ�etances. City Attorney Smith replied the City Council could. OTf�R BUSINESS: The City,M�asger stated he had another resolution Yor the coneiderQtion of the City Council from the Minneeota State Highway Department and a propoaed cooperative agreement #55�+21 routing etorm seKer construction. The City Man�geT zead the propoeed resolptiQn and explained the breakdpwn determined at �29,3i9•58 with the City portion to be $14:399.02 of which the State paye 100'� of the atorm aewer catch basins and 76 1�2� of the atorm aewer. Motion by Wright to adopt Resolution #200-1964 providin�,Por psyment by the Minneeota State $ighiray Aepartment to the City of Fridley oY art of the coat oY conatructing etorm aewer facilities on Trunk Highw�y �47 and the relocation oi City's etorm sewer facilities at Rice Creek to be performed in accordance with city pls.ns deaignated as Projects #71 and #72. Seconded by Kirkham. Upon a voice vote� there being no naye� the motion carried unanimously. . _ Mayor Nee inquired if the City Council would like to make the resolution continoue on the conaensue of the City,Attorney. The city Manager stated if they'wiahed to do�+<�hie� they would make a motian the adminietration is not suthorized to aign the agreement. , Counciltnan Kirkham etated he wiehed to bring an item to the Council Yloor that required no action and e�l&ined there was a basement home on Kimball Street near'the riv�eT tha.t had been ebsndoned and had become a hiding place for juvenile del3nquente and eome of the neighbors had complained to him and he^h9�d reques�ed the,City Manager have the Health Department inveatigate the prem3see. Councilnan Kirkham further e�cplained the Health Inspector fovnd that it wae vacant and in saund condition and there was no evidence of public health problems� that he was suggeating the Building Inepector or the Gity Council authorize completion of thie baeement home, City Attorney Sm3tFi� he etated� thought he could ask the owner to do this, City Attorney Smith replied the owner was ➢octor Ke�.ly�,a retired person, and felt he would take care of t'he �tter. Councilman Kirlchem etated if Doctor Kelly tdid not� he would wieh to have the matter pursued. Counci].man Wright aanounced that es the City Councll knew� the Recreation - Commiaeion had eponsored a Youth CenteF e,nd they,had put together a document which he wae paesing to membere of the �ouncil that it was a form in aubatance of a self-organized�'co�ittee ior the Fridley Xouth Center and it rras thie plus�the msterial they had received Yrom Reverend Kendall and the indication of the4Racreation Co�ission thst 3t wae a succese and should be kept in minfl by the City �ouncil. ADJOURN: 1 t� �1 There being no f�rther businesa� Mayor Nee declared the Regulsr 0ouac3l meeting of September 21� 1961+ adjourned. . � , .Respectfl111y aubmitted� u�•�� q.� �,C��iCr� ,�iLM-Gvriti owic W311iam J. Nee � Secretary to the Council - Mayor - __� SPECIAL COI3lVCIL MEETING - SEPTEMBER 28� i964: A.Special Meeting oi the Council of the City of Fridley was called to order by Mayor Nee at 8:15 P.M. ROLL CALL: Members Present; Nee� Kirkham� Sheridan� Wright Members Absent: Johaneon " PUBLIC fIF,ARINC}: PUBLIC FiEARING ON FINAL PLAT -INNSBHUCK 4TH ADDITION: . Mayor Nee announced a public hearing on the Final Plat of Tnnebruck 4th Addition. The City Glerk read,ihe Notice of Hearing. Mayor Nee explained the hardshell of the plst wae not availab�� snd it"could be continued. Mayor Nee inqvired if there were anyone ��eset}t who Wae concemed with the named public hesring. There Was no one preeent in favor of or oppoeed to the public hesring. i ; � � , � � � � '� - , � Motion by Kirkham to eontinue the public hearing on'the Final'rPlat;of Tnnabruck 4th Addition to the next regular meeting. Beconded by 3heridan. Upon e voice vote� there being no naye� the mo'tion'carried tmen3mously. PUBI,IC NEARING ON ASSE$SMENT ROT.L - 6W �66: ' T �, � Mayor Nee announced a public hearing on the As@easment Roll for Sewer and Wster Project Nor 66. The City Clerk read the Notice oi Hearing.l Msyor Nee explained the purpose of thie public hearing.wfle that,the City Council had proposed and determined" what they � consi�lered tki be the bezieYits to the property described in Auditor's Subdivieion 59 and the purpoee of thia hearing wes to coneider any objection whether the,beneYit wae not� equitable or establiehed properly. Mayor Nee inqulred 1Y there were any- one preaent concerned with any o�'" tYr�:iff�me in thie assesaible property. Meyor Nee read i a c'o�tut�ffica�ionri'rom�-Ea�hher Gera7.& KeeYe oP the Church oY St, Williamwhich etated in so Par es the church does not intend ox doee not have to have any connections on Univeraity� they feel'they have,a valid object3on; this objection being related to Auditor's Subd3vie3on #59• The Finance Director explained that at the time they had made up the roll�