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10/05/1964 - 00022482� ,�q :� courtc . . - � " � covrrc�.rrarr� � ^Motioh by'Kir,kham to accept the results of the Ward �2 I�rimary Election — of September 29�'196k was seconded. Upon a voice vote� there being no naye�,the motion cerried unanimously, ADJOURNMENT: . � , , , . �here being no'further bueineee� Mayor Pro-tem Wright declared the meetin� edjourned'. ReapectPully aubmitted: Maxvia C. Brunaell - Acting Secre�tary to the Council e e I , REGULAR COUNCIL N�`�ING� OCTOBER 5� 1964 Awregulax meeting of'the Council of the City of Fridley was called to order by MeCy�or Ne� at 8:29 P,M. R07,L'CALL: M�mbers Preeeut: Nee� Kirkham� Sheridan� Wright Membere Abeent: Johanson APPROVAL OF MIIdi1rES - REGULAR MEETING, SEFPENIDER 21� i964: � , Motion by IEirkham to approve the minutes of the Regular Meeting of cSeptember 21� 1964 ae prepared and rece3ved. Seconded by Wr3ght. Upon a votce voter tbere being no nays� the motion carried unanimously. APPROVAL OF MCN[PPES - SPECIAL MEETTNG, SEFPEMBER 28, i964: . '" � Motion by�Wright to�approve the minutea Qf the Special Meeting oi September 28; �1961� ae prepared and received. Seconded by Rirkham. Upoxi a voice bote�'there being no nays� the motion c�rried unanimously. „ , APPROVAL OF NIINiJTES - SPECSAL MEETING, SEPi'EMBER 30, 1964: Motion by Sherldan to approv� the minutea of the Special Meetin� of September 30� 196�+ ss prepared and received. Seconded by Wright, Upon a voice vote� there being no nays� the motion carried unanimously. 1 y C� HIGHWAY DEPARTMENT PLANS AND Mayor Nee announced he had n regueat from Mr. McFadden of the M3nnesota State Highway Depsrtment to have their items moved forward on the agenda and if there was no objection from the City Manager or the City Council� they would do so. Mr. McFadden introduced Mr. Braun o� his department and stated he was repreaent3ng District #5.' The City�Manager explained the layout and plans as presented by the ,Minneeota�State y� IIighway Department officials to the City Couneil. City Eng,3neer Qure;�ht r�tated it was not shown in the plans that the hlghway department would ma,ke provtaions for proper drainange and a letter should be transmitted in this:regaxd. The City Manager.eXplaiaed the aervice road to Rice Creek Terrace� Mr. McFadden etated the plan approved by the city didit't have the Yrontage road in. It-was e�cplained ree3dents in the area would he.ve to come down to �Fth �ti^eg,�� and on to 57th Avenue. City Engineer Qureahi explained driveways were illegal entries. 'Phe City Manager stated When the right-of-way had been pukchased� the people were paid for their access, Councilman Sheridan inquired if it wae known whether the garagea were built at the time of the purchase oP the r3ght- of-way, Mr, McFadden replied he did not know. Councllman Sheridatl inquired if they would have accesa to the park oif Univergity, The City Manager replie3 it would be off of 69th Aven� and wasn't planned or- ig3nally as suah. Mayor Nee inquired of City Attorney Smith if the City of Fridley owned some right-of-way North of 77th Avenuc,. City Engineer Qureshi etated the L'ity did have landa showing right-of-way limita. City Attorney Smith replied the early plana ran the line weet of Univereity end Dsborne Road� that the City had put in their water line in what they thought was the ri�ht-of-way and tirhen the fina9. plans came out� they had come up to the City's easement� tha.t the people in th3s asea expect the cii;y to pay them for the land they are taking. He explained on the city�a 20 feet the State ha& a temporary eeeement oY 15 feet and it , ha� caused a grest deal of trouble� that he had talked to the Sta.te H3ghway Department and the man acquiring this ],and,met with him'and � had stated it was a mieunderetand3ng but that when they �talk to the property ownere they talk ae if it Were two diiferent iteme. Mr. MeFadden 3nquired 3f City Attorney Smith had ta]lsed'to Mr. John DifPenbach� that this ahould be done and it would be iollowed through properly. Mayor Nee inquired if this would still be inaide the right-ai"-wsy. City Attorney Smith replied it wovld not� that the sta.te took right up to the easement of the City of Fridleyrzsad:8 partial 15 feet on top of the easement but it atill left the City of Fridley with their appeale. It wae exp]ained the City of EYidley couldn't wait for the St�te Highway Department and the county,co�idaionere had come out and their awards had been just but the city tvae leit with all of the appeals on the property pending� that one property owner had actually tried-to get 75� and'theee ehould be_aettled e.lolig eith the comdemnation of the State Highway Department, �Ehe City Manager raised the question of slgnals at different interaections� and'„if,the'3tate Highway Depar'tment proposed to have them at 61et;,65th; 69th� 73rd� and 77th and everywhere they would croas over, Mr. MoFadden-replied it . would have to be inveatigated. Counci]man Wright atated there would be even more aeed Por eignals with the school to be built on East River Road at;,6let Avenue. Mayor Nee explained the high echool� the jvnior high school and grade school etudente all croes here. The City Manager atated,�o�Mr. MdF'addgn the eignals at 61st Avenue��65th Avenue and 69th Avenue�;ehoul�i ell definitely be guaranteed before construction and 73rd miQht come __� later and stated the cii.y would like some assursnce they �rere going to get them. It was explsined by the City Mauager the �1�,y,did have the assurance of Miseissippi Street in writing. Coun`cilman Wright stated they would also have to have 61et Avenue aignals,at least w�th stixdy for permanent signals gua'ranteed, The Cit�y i�Innager asserted they should have assurance from the State HighwaY DepartIDeat they would get the signals, Councilman Wright explained 61st Avenue would be a majpr connect3on to East River Road and be an Eaet and Weat route in Fridley, Mayor Nee inqu3red regardin� the bridge acrass Rice Crcek, if it were going to he built or if it would never be a service road from 67th North. It was explained the bridge� as such� would not now be �built. The City Manager inquired regarding 1.he �voint if the city wanted to extend 67th Avenue, Mr. Braun repl3ed the city would have to do it. Councilmsn ShAridan inquired i£ they could go on the right-of-way, b9r, M6Fadden repl3ed the land would have to be reconveyed to the owner. The City Mqnager explained i� could be conveyed back to the industrial tract. Mr, MdFadden etated reg&rding the signals� it would be imporstble to make a cormnitment this evening. City Engineer Qureshi stated the �dministration su�gested the plans he approved accompanied k�y a letter with items for the State_Highway Department to look into. The City Manager stated it could be a resolution conditioned� that in the motion� the City Council could d3reCt a substantiating letter in which they could set up some stipulationa. City Engineer Qureshi inquired of'Mr. Braun if when they said the city woul.d haYe to move the access� did this mean they woulc� have to buy it,, Mr. Braun replied the state had paid for the larid and one or the other would have to be relinqu3shed. The City Nlanager explained the city would have to pay a proportionate share. Mr, Brauii explained it woulfl have to be conveyed to the original owner and would have to be worked out. A discussion period followed regarding ways this could be done and the type of construction. City �ngineer Qureshi explained it could �e a curb and gutter closed conduit and as much property would not be nee8ed. Mr. McFadden explained the or3�ina1 owner would have to ask ior a reconveyance. Motioh by Wright to adopt Resolution �204-1964 approving Minnesota H3ghway Department Plans and Specifications� Trunk Highway ��47 i.rans- mitting to the appropria'te Minnesota State Highway Department off'icials a memo on the requests of the City of Fridley re�arding drr�inage of access streets on T. H. �47� barricades bn 'turn-arounds and eignal:�� when warranted, every iour blocka from 61st Avenue to Osborne Road. Seconcied U,y �heridati, - Upon a voice vote� there being no nays� the motion carried unanimously. P+Ir. Braun informed the City Council Mr, Ed tigan was the Pro��ect Zng�neer for the job and his phone number was 5f3B..�F607� that the pro,7eni, would be let on the 16th of OctoUer. � PUBLIC f1EAItINGS: ROLL - SS ��53 - SF �� R'S ADDITIOCd JY a> 4� Mayor Nee announced a continued Publ3c ftearing on the Assessmerit Rol1 for Storm Sewer Project #53 and inquired how many residents were present regarding th3a project, There were three residents indicated, D4ayor Nee inquired of the FInance Darector if he had refigured tYe assessment spread for°the 'aTea. The Finance Director replied they had on the al.ternai,e assessment roll: half of the depth of the lots were included and another part of it w&s ineluded in Project �49� that the residents now being con- sidered had been given writ�en notice on the East side of Able Street that the hearing was being continued until tonight. Mayor Pdee 1nqu7red what the new equase foot price was and was told by the City D4anager it had been �1.65 per hundred square ieet and was now �I3,56 per hundred square feet, Mayor Nee inquired if there were anyone from the additiun who wished to b� heard� that the proposal was for i;heir property and whetkier or not tYiey wished to make a statement that it did not represent a bene£it tllat was proposed should be indicated. Mr. Hitzeman giving his legal description as lot 9� blocic�F� inquired re- garding the amount of his assessment. Councilman Wright replied it iaas now �237.20, The City Manager informed Mr. Hitzeman it had been around $249.00 previously. The question was raised how much Loi. 19� D]ock 4 Vras and the res3dent was told it was �236.3�+. It was eiai.ed 6y the resident she couldn''t underatand �*hy they should have to pay an extra asseesment when they already had an assessment for over �400.00 at the pre�ent time ior storm sewer. Mayor'Nee replied the one assessment was for the main and � e� lJ thic as�essment v�as for the lateral servic� for actualZy clraining i,he ctreeL and l.he �a.rea. The questinn was raised that no one could under- stand why i,his storm sewer was costing so much in that'particular area� i.hat 1,eoP.le �ust didn't know how they were goang to pay for them. Tt w�� i'urther inquired wlio was benefiting by this $rainage, Mayor Nee re- plied that as far as could be seen� this would be the last storm draina�e in the area and according to the law� the people who drain in the area going into any oi' these catch basins are benefiting� also if the streei, construction was contingent on drainage, i A resident sLated he had a question in re�ards i.o a statement made at _�� the l�st, rneetin�� that thF statement was made une of the purposes was t,o reduce the cost of the sanitary sewer in the water inatallation because oi the high water table. Mayor Nee replied this had been with reference to the main. It was stated that it seemed to follow that all properLy in {,he area that was connected to the sanitary sewers and water maans i,hen benefited equa5.ly by the reduced costs� that some nf t,l�e pra7�c�rty i,lie City Council had stated wae not aaseaeed�and they did onjoy tl��.t same reduction. Mayor Nee explained this was � later�l and that statement was made with reference to the main. The question rras raised if this line went all the way to East,River Road tio Central Avenue. Mayor Pdee replied it wa:� under two projecta wliich Urol;e it at Highway �65. The question was ra3sed if thls were a reasse�sment, D7ayor Nee replied it was not� that this was for latera] service in thi� area� Lh�t it had come beYore the C3ty Councll once thc previous year and it wa� not� at that t3me� adopted . because ii, wasn't really completed and all the costa were �ot in. A resi.dent, iizquired regarding the cost on the lota at 7�Fth & Van }3uren Street, Mayor Nee replied it was at �1.56 per hundred square feet £or i,he lateral service, The question was raised regarding the price of i,he main and was tol_d $2.31. Mayor Nee declared the Public I�earing ori i,l�e Assessment Roll for Storm Sewer �53 closed�, PUBLiC HEARIniG ON SPECSAL USE P�AMIT - DOUBLE SUNGALOW STRrRT NOR'i'fTrAST : F9}LLMOTiE I J Mayox Pdee �nnounced a Public Hearing on a Special Use Permit for a d�uble burigalow at 5355 Pillmore Street Northeast. The City Manager presented the original a�p]ication and explained the dariance and ]_ot spli{, had been granted Uy the i3oard oP Appeals and this was the public he�s•�.ng for same, The City Manager read the Notic� o£ Aearing. Mayor Piec inquired if there were anyone present other than the pet9L7oner� Mr, Shields, that had a concern with this Special Use Per�mi1, to �llow the coustruct3on of a double bun�alow jn aniR-� disLrirt. There was no ane present in favor oF Or in opposition to i;r�E special use permit. The City Mana�er indicated the proposed do�e]_ling was on the Northeast corner of Pil7more and Skywood Lane. Mayor Iice declared the Pilh].ic iiearing on a Special Us� Permit for a douU]_e Uizngaloc� at 5355 Fillmore Street RTortheact closed. MoLion b,y ��1i°i�ht to concur with the recommendations of the Board oF A��pea]s and approve a Special iJs� Permit for the construction o£ a doubl� Uw1��low in an R-1 District to Willia.m Shields� the same being cnnt�tit;ent, on substantial matching of consbrnction to the`plan presanted to the City Council� at 5355 Fillmore utreet Northeast; Seconded l�v Sheridan. Upon a roll call vote� those voting aye� Tdce� tilr»;ht� St�eridan� Kirkham. Those vpt.ing nay� norie. The motion c�rricd nnanlmously. � � -_� PUE31�1C III's�RZNG ON 7MPROV?�;NLFNT - 55�7.1: Mayor Nee announced a Public Hearing on Improvemen� for Storm Sewer Project ��71. The Cii,y r'lanager read the Notice of Hearing., Mayor Nee requested a discussion regarding the reasons £or this drainage di,trzcl. ancl where it would be picked up. Mr. Comstock� consulting en�;ineer� explained the area on a map presented and gave the boundaries of the proposed drainage district� tkiat the legal description of the draanige �rca was considerably larger than tahat was propoaed to be aeses^r_d, Afr. Norman Riedel inquired if this storm sewer would be going down to (_,�+th Avenue, Mr. Comstock replied th3s would be only on the city properi;,y anQ the proper-ty to the East oF that was included b�lt any ��� � �� property South of b4th Avenue would not be incluaea. It was explained that most of the drainage and cost was what dischargecl tio the Highway Department right-of-way. Mayor Nee stated he felt the City was gettiing a good deal by cooperating with the Highway Department on this pro,7ect, thati the pro�ect was lower as a result of negotiauions between Mr. Comstock„ City Lngineer �,nresni, C3ty Manager Wagner and the Highway Department and the City was saved a substantial amount of money and in cooperating with the Highway Department the city was solving ' several problems inexpensively. Mr. Comstocx explained tne prelim- inary report covered $2.40 a hundred square feet and the rinal assessment figures wpuld be a total of $2,40 based on estimates witn the one exception� that the area in Rees Addition would be assessed approximately $1.30 per hundred square feet additional. It was explainea the arainage area shown on the map drains to Trunk Highzaay #4f rignt-oY-way and present�y with the highway not improved it is not creating too much of a problem but when the highway is improved, it will creatie problems particularly on 66th Avenue along the East side where the snopping center is. Mayor Nee stated the highway department as paying most of this storm sewer and what had been paid prevlously would ne cleducted, The question was raised what would happen to the service road nehind the shopping center to the creek. The City Manager replied the highway department would re- build that service road anci give it to the city, that there would be two lanes in between and o1d University Avenue would be a service road to 67th Avenue. A discussion was held regarding low lands and how they would be taken care of. Mayor Nee informed trose pre- sent tne figures might be interesting� that he had mentioned the engineering department did have good ne�otiations with the Minnesota State Highway Department� that when negotiations nad started 6ti,2% was given as the highxaay i'igure oi partacipataan and 23� was fanally arrived at by the engineering department. Mayor Nee declared the Public Hearing on Storm Sewer Project �71 closed. � PUBLIC HEt�RING ON ASS�:SSMENT ROLL - SW #61: May6r Nee announced a Puelic Hearing on Assessment Roll for Sewer and Water Improvement Project �61. The City Manager read the Notice oY Hearing. Mayor Nee inquired if there were anyone present who wished to be heard on the project. Mr. & Mrs. L. B. Conrad of 7�+40 Bacon Urive were present regaraing the assessment and stated that on Bacon Drive they did not benefit in any manner} that they had been assessed 2or mains and laterals on 75th and are hookea up on 75th Avenue, Mrs. Bacon asserted the previous year it was said servace would be brought to the Cavins in the area and it was also said they would not be receiving any assessment for this� that they are the North 200 feet �f Lot 9� Auditor's Subdivision ��120. Mayor Nee informed Mr, & Mrs. onrad that the records had been checked and it had been decaded to delete their property. Mrs, Conrad inquired if there shouldn't be some change on the Cavin property also. The Finance Director replied there are two separate legal descriptions for two parcels, that one has a service connection and that had been the �iifference in price� that the front £ootage was the same. Mayor Nee announced the proposed rate was $6.08� for water� $5.37 was for sewer and it came to $11.45 for the comb3nation on those that are in Section 1} 4 and 5 which are the ones that are in the project on lateral construction that would apply and this was the proposal with the connection charge over and above this. Mrs, Conrad stated they had not been assessed � for the street paving and it was a foot off grade or 10 7/8"� that the aity had a catch oasin on the high side� that they had asked for s, drive over curb on Bacon and 75th Avenue and they now had a mud hole in their back yard. Mayor Nee requested the adminlstration to inspect the area. Mayor Nee announced Section Two bein�,60th Avenue _ Oakwaod Manor to Benjamin Street and inquired if there were anyone who wished to be heard on the project. There were no ob�ections. ��b�� Mayor Nee announced Section Three that being 7th Street - Cheri Lane to Highway f�100 and inquired if there were anyone who wished to be heard. There were no ob,7ections. _- Mayor Nee announced Section Four� 7th Street - Hagnway �1uU to yt5tn Avenue and stated they nad agreed on the rate of b.Oti per front t'oot tor water and $5.3'( per front foot f�r sewer plus any connections. A resident stated he had live3 on 5t5th and 7th Street and been hooked up for eight years� that the main stopped at 5F3th and 7th Street and � there was no water line on StSth. '1'rie resident gave his legal description as Lots 13 �nd 14, Block 2. The Finance Director ex- plained the residenz nad no water assessment on this pro�ect, it was ,7ust for sewer and would cost apnroximately $59g.b4 and was_.Less then tl2ese assessments had been running ar.d could be spread over a period oi twenty years unless the resident clxose to pay it in one year, There were no objections, Mayor Nee announced Section Fxve, 76'bh Avenue - Central Avenue to Arthur Street and inquired if there were anyone present who wisned to be heard. The Finance D�rector explained this was a line to serve the developer ox Meadowmoor Terrace who had petitioned for this and he had 3n turn run lines oi'f from it� that zt ha3 been decided one-half of the cost would be put to the property to the North because they actually pet3tioned ior it and the property to the South actual7.y did have lines on it, There were no ob,7ections. Mayor Nee announced Section Six� Arthur Street - bbth Avenue to 67th Avenue and inquired if there were anyone present who wished to be heard. There were no objections. Mayor Nee announced Section Seven Anoka Street - 66th Avenue to 67th Avenue and inquired if there were anyone who wished to be heard ex- plaining this was for one service connection; thexe were no objections. Mayor Nee announced Section Eight� West Moore Lake Drive - 61st ' Avenue to Carol Drive and inquired if there were anyone present who wished to be heard explaining this was ror one service connection, There were no objections. Mayor Nee announced Seetior� Nines 61st Avenue - Star Lane to Aighway �4'7 and inquired if there were anyone present wno wished to be heard. TtTiere were no objectinns. �+77�yor Nee declared the Public Hearing on Sewer and Water Improvement Project #61 closed. PUBLIC I}EARING ON R�;`LONING (K-1 TO C-1) SOiITHEAST CORNER - hfayor Nee announced a Public Hearing on rezoning from R-1 to C-1 the Southeast Coxner of 5th Street and Mississippi Street. The City Manager read the Notice of Hearin�. Mayor Nee inquired ii there were anyone present who wished to be heard on the named public hearing and explained this area was at the corner_of Mississippi Street and 5th Street� that the proposal was to rezone it from R-1 to C-1. Mayor Nee stated the City Council wished to see the plans ior the medical center proposed. Dr, Richard Trezona} petstioner� replied they had no plans at the present time. Council- man Sheridan inquired if he knew of any overall plan oi tke prope�'Cy ' owners f�r additional zoning or what they planned to do with the balance of their property. It was stated by Mr. Riedel� represeuting the owners� there would be a request for the rezoning of the entire piece with a simllar type oi zoning. Councilman Wright ass�rted this would then have to be heard by the Planning Comm3ssion and was told it was to be presented to them. He further stated the manner in which it was on the agenda� the City Council. would have to act on it separately. The question was raiseci regarding the nature oY the business io be planned. Dr, Trezona explained they had originally made the purchase of' the property for the construction of a medical cl3nic� that this plan was at a stalemate because of the question of the location oY t y � L V �L the hoapital but this had been the initial 3dea, Councilman Wright inquired ii he could say informally if this were not developed into a medi,cal iacility whether they planned to develop it in some other way. Dr. Trezona replied it would be developed ia some form of the type they°had requeeted. Councilman Wright inquired ii the Planning Co�iasion ha:d been told oi �the poaslbility that a medacal clinic would not be put there, Dr. Trezona.replied at the time they had brougiit it'ia it xas brought in with a requeet for the atarting _ of construction� that they had found tha.t the rezonin� would take longer the,n anticipated and the clinie wae bogge� down hsli way through�t,. The City Mene.ger etated the Planning o�ieaion was still oi the impreeeion it wae going to be e clinic. Dr. Trazona aaserted the could have requested a 5pecial Use Permit but hadn't been of the impreesion thie rrould be limiting and there was some question sa to whether the clinic would go through, He furthex asserted they did not want to eay thex'e was going to be a clinic there� that it is liable to be a mortuary or a small businese limited to C-1. Mayor Nee ind�,cated this did put the matter in aomewhat of a diYferent light. Dr. 'itrezons inquired in wha.t way� the Yact the clinic was waiting until there would be something done about the hos�ital or whether it would be vsed for some other purpoee. Mayor Nee replied it wae his impreseion the City Council was willing to do thie Por a clinic but no� for other purpoaes poasible in C-l. Councilman Wright atated it was qvite clear the hoapi�hal would be bnilt, that }�he planning conaultant�� Mr, Walla.ce� had reco�eaded development of thia k3nd arozuzd the hoepi'tal and it waa a�real�posaibility. Dr. Trezona stated they Were not asking for�a medical clinic. Mayor Nee inquired-regarding the reason ior rezoning. Dr. Trezona replied so that it.covld be used for eomething in C-1 and so that it covld be used Yor a medical clinic 1Y they �o wished� that it should be rezoned ready ed that they wovld not have to go through this process again: Dr. Trezoua inquired what would happen if the area were re- zoned to C-1 and tkiey had plane for a clinic and then decided to sell it•fbr a^gas statioa. Councilme.n Wright replied the City Council operated on i'aitrh and credit oi what the people wanted done. Dr, Trezona aflserted there was the poeaibility something elee ahould be built there. Mr. Harvey Petereon explained they had tried to $urry this requeet along originally by asking for a Specisl Use Permit. Mayor Nee inquired iP it would be satisfactory to have a firet reading on the ordinance and not have e eecond reading until there would be confirma�ion that 3t would be a medical clinic., Mr. Peteraon repl3ed it seemed to him that if the zoning co�iesion had gone tYt#�ough it and•the City Council concuzred with them by esking ior a public heariug there ahould be no objection to it and inquired what baeie there was for objection. Mayor Nee replied there would have to be four votee on the ordinance to paes it. Mr. Peterson atated there;vras no�baeie to say there rrould not be a clinic there. Mayor Nee'replied he was auggesting a compromise that the C3ty Council authoaize the first �eading and it R.ould show their client the in- tention oi �the C3'ty Council- aeid when there would txe a co�itment� they would haVe a second reading oi the ordinance. Dr. Trezona atated thie�would'not eponsor him to have a plan drawn� th�t it didn�t seem.to him this wae the type oY thing four men on the City Council need'ed to have� that it wae going at it backwards. He further,atated the intent oi the plsnning had been to look �or larger arese in.the city and would be a perYectly logical spot to do it. Mayor Nee replated the Planning Co�iesion had the idea thie was tp be done for a clinic and they reco�ended it i'or the reason that it was a�reaeonable uee Yor tha.t property� that in the aimple act of rezoning the property� they were quadn�pleting the value of it and the public hae a r3ght to eome participation in what dtd go there. Mr. Petereon 'sta�ted thie had now been dragging ior eome eight months, Councilman Wright replied they had oYYeTed a ecrr¢promise which had been explained by Mayor Nee and he wae embarrassed becauee it wae a good uae �or'the land and further emharrasaed by the Riedel interests indicating they plan on rezoning the entire area to C-1� that it was in the interest of the petitionera that the City Crnmncil make sure the Planning Co�iesion has a cleex mind on thie matter. Councilman �u� Sheridan atated that with a requeat for 'the complete �ea of thie - property from 63rd North to 65th Atrenuea and an over all'plan� the Planning Co�3aeion would not be considering apot zoning ae'they have indicated and thia part3cular zoning oY this.corner could trery well �fT� into the overr,all program at that time end would es4mirtate thie corner t�s actual epot zoning. It was.mentioned by Councilman Wright the Planning Co�niasion did meet before the next regular Council meeting, , „ „ a Dr. Trezona atated the Planning Co�iasion hired a p],anning coneultant� and inquiredif Mr, Wallace.would epeak on the matter. The City ' -�- Manager replied the Planning Co�isaion had spent qu'SC� a bit of time on this entire area but becauae of the fact Dr: TrezOna had petitioned so long ago� they had held a hearing.. He explained the,Plahning Commieaion hopes hy October 15th to have met 'with the City Couneil about this eni.iae area and Mr, Wallace was not in a position this euening to make any coffinents on what he is thinking on this asea� that the Planning Coulmieaion had centered their dSAcuaeion around �. � the fact they were s�udying this area including the Riedel proper'ty' and their feeling Was they could recon�end rezouing thie particular piece because a medical clin3c� as gUCh� would not take'away;,Yrota � whatever zoning they would choose.ax�d put it ofP balance. Mr. Wi111am Whitmore� resident� stated Dr. Trezona had stated there was no • opposition� 6ut that he would have noticed citizene objec'ting to epot zoning 3f he had been-pre�erit,rthe pasrt-ceot�lle'°ot', years,�a�G�Gme,etings that due to quite a bit.of apo� rezOning� oiti�zea8 tf8�0iGe a little � skept3cal and the City Coimcil ia very much in their right taking a sharp look at this before they openly throw it to C-1 zoning where a clini.c might be acoeptable to the neighborhood. Mr. Whitmore � further stated there ia always oppoaition w'hen apot zoning comes in. Mr. Peterstln replied he felt the term apot zoning ian�t used �� correetly in th3a instanee� that acroas the street from thie parti- cular piece of land is light induatrial and cov�erciel zoning_and � there is no one who would build a residence on this,particular p�rner. I Mr. Wallace�.planning consultant for the City of Fridley�'stated it J would be improper for him to speak on this �tter this evening� that the Planning Co�ission did not deeignate him to do ao but that the entire area was being studied. Dr. '�xezona stated they had,no inten- tion of usurping the right of the City Council but they had gone _ through every procese legally and in accordane with the etatutas and would like to continue to do so� that he had Yelt theq had � brou�ht this up beiore that his was not necessarily going to be,a medical clinic.. HePfurther stated they would wait foF the eecond� reading of the ordinsnce and aee what wovld happen� that there-�rsa, no way he could bring in a set of p18Y�s and a client, Councilman Wright stated he wished the minutes to ahaw the City Council�did,r appreciate the forthright remarks oi' Dr. Trezona. �", Maynr-Nee adv3aed the City Council to table the item� that � in'his judgement� there had been no case made of the requeat; Conncilman �i Kirkham stated he knew the people the,t lived directly across,the �- i street would be opposed to a rezoning to C-l� that many had'esked him already wha.t Was planned for this corner snd ae long as it;wes j something in the nature of a medical clihic there waa no'objection I but with a poasibility of making the entire area C-1 they �zould�have something to say and would prefer to table the en,tire queation. Councilman Sheridan asserted that as this was the public heaxing�� there was no other action to be taken on it this even3ng.,`Mayor Nee i indicated the public hearing could be continued. MrA'. Wa11y Miakowic� repxesentin� the Buainess and Profesaiona.l Building ttarbse,the atreet , from the proposed zonin�� stat,ed ahe had no perticular objection to � the rezoning for a medical cl3nic Uut would prefer the item'be roon- ' aidered by the Plann3ng Co�isaion in conjunction wi'�h the YFiedal property as a whole and that etorm drainage and the completion,�of , streets be planned at the seme time. Counci].ma.n Wright'inquired ,if the motion to table the item could include that the City Manager be i �3n�truc�ed to prepare an ordinance,' Mayor Nee explained the aeneible i thing to do would be to have a concrete proposal and if lt eeemed,� I „_ the pwblic intereet ctae serveda he would vote ior it but there hadn't been any case�made the public Ynterest was served, Motion by Wright �Co'continUe theePublic Hearing for the rezoning from R-1 to,C-1� Southeast Corner of 5th Street and Misaisaippi Street to the next regu].ax' meeting of Oatober 19th� 1964 and request the City Attorney prepare an ordinance rezoning the area in question to C-1 _ for $a Yirat reading. Seconded by Kirkham. Uq�on a voice vote� there being ao nayej:the mbtion carried;unanimoualy. Councilman Sheridan explained esch re�oning has to take an ordinance and a reading of it twice and publication once and what had been requested wae that ordinance setting u�i legal notice was what Counci]man Wright had asked for. Councilme.n Wright Yurther explained that by way,of in- formal opinion by that time there will have been expert opinion of -the Riedel ret�ueat; 'Phe City Manager stated the Planning Commiseion would not get the Riedel.request Yor rezoning until Novem ber. PUBLIC HEARING ON FINAL PLAT - INNSSRUCK 5TH ADDITION ( CONTINUED PROM 92 . Mayor Nee announced a public hearing on the Final Plat of Innebruck 5th Addition�continued from September 28� 1964. The City Manager read the�Notice oY Hearing. .Mayor Nee inquired if there were anyone present who wiehed to he heard. There was no one preaent in favor oP or in oppoaition to the proposed plat. Mayor Nee declared the Public Hearing on the Final Plat oi Innsbruck 5th Addition closed, Motiop by Wr3ght to_a�rove the iinal plat oi Innebruck 5th Addition • and authorize the Mayor and City Manager to�sign eame. Seconded by r Sheridan, Upon a voice vote� there being no nays� the motion carried unattimonely. The queation wae raised regarding the action on the peti�ion for improvemettte� on Innsbruck 5th Addition that it had been hoped to get aewer and i+ater in this year. The C�ty Manager replied there were to ` be some letttinge on Octobe� 1�. Mr. Comstock� Consvlting,engineer, � stated there mlght be a chanae to include thia in the #70 Project. The Queation we.e raised if the area'could be 6erved by gravity as it wae a 40 foot cut. The City Manager replied ii the resident would waive the public hearing on this in writing they could possibly have it for the 19th of October� that to set up an aseessment againet property they had to hold a pu6lic heering on the improvement but there was a publ3c hearing eet for the 19th of October� also the ca11 for bide�.and they could poeaiblg work it in on that bid but would Have to have e waiver in writing. Mr. Comatock explained he did not thinjaiNthia was the case� thet ii this wae part of #70 Project, they would have to accept it or reject 3t and unlese they wanted to set it up as another project and have separste bids. He iurther explained that what the resident watrted and was suggesting was that if the figurea were not what they should be� he wanted the right to acn`.ept or reject them. The City Manager replied thie would be correct and they could reject that portion.• City Attorney Smith inquired if the contract were not large enough to delete that portion oi it. The City Manager replied it wae only a emall contract and they could poesibly cell for the I bide on the 1<fth of October ae an alternate but the reeident would I have to waive the hesring� prion to that :and aek the City Council to reject�if he so wiehed. Mr. Cometock,3nquired in casea where they had proceeded with these improvements there had been'a requirement for eufficient engineering funds so that if they �*ant to pureue the'improvement on their own there.is sufficient deposit in the city and was thia so. It wae explained this was true and wae called eecrow money. Motidn'by Sheridsn to authorize the coneulting engineers to prepare preliminary report and final epeci,Picationa. Mr. Cometock stated for the'benefit of the City Council this area was inveatigated in i96o when a preliminary aketch was presented and if thie wae con- « 20� siatent with that plan they were in a position to esy it could be �erviced but they would have to update the cost. Mayor Nee in- yuired if they ordared the preliminary if they would be ready to go for bido and was told they could. Mr. Comatock explained he was certain they could �et this"prepared in aufficient time to get it in Project #70 iP theCity Council so desired. C1ty Attortley Smith asserted that a preliminexy etudy as to Peaeibility had been made before with an eetimated cost and Mr. Comatock had indicated he would have to update theae and in view of that hA could prepare � the necessary resolution to ahow the City Council wants s°temporary report and a letter from the engine�r 'indicating the �eaeibility and his estimate and aseuming it ie according to What ha��been done they could proceed with the final plana and specifications and call for bids, , .,,, , Motion by Sheridan to adopt xESOLUTioN #205-1964 ordering a prelimin- ary report for eewer end water in Innebruck� 5th Addition. Seconded by Wright. Upon a voice vote,� there being nonaye� the motion carried unaniroously. Motion by Sheridan to waive a public hearing on aewer e.nd uate'r'1m-, provement for Innabruck 5th Addition providing the City receivee a letter from the owner oP the propex`ty agrAeing to the waiving'oP the public hearing. Secouded by Wright. Upon a voice vote� tHeY� being no nays� the motion carried unanimouely, . OI,D BUSIlVESS: RESOLUTION #206 � 1964 CONFIRMING ASSESSMENT ROL � -S&SW� Mayor Nee announced for the conaider�tion of the City Council,a reso- lution confirming assessment roll for Storm Sewer� Water� and Sanitary � Sewer Improvement Project #58. The Finance DireCtor explained to the City Council this was the item where they had aeked the.engineer�to �, check the drainage dietrict� that the roll had riot been adopted ori any J of it. Mr. Comatock� consulting.engineer� stated the oY�igiaal proposal was consistent with the line drafted in the firet inetance� that the addition oi Van Cleave's area end atreet developed along with that had changed the drainage pattern and the argumenta of Mr. B911ey T311er at the public heecring were proper. The Finance Director explained the aaseas- ment in this aree was 18 cents a hundred equare feet and 1t co�pld now be included; also� that the reaidents^t+ere not given'notices �t the original hearing and it would drop the rate down to about 13 cente"andr,it could be taken cAre of also when the reat of the prbject goes 1n.J M9�yor , Nee asseri,ed they would now have �the option of refiguring the�area. The Finance Direetor stated there were four drainage diatricte,ia all and there were no changes 3n the other three: _ Mot3on by Wright to adopt Resolution #206-1961+ adopting the Alternate Assesament Ro11 for Storm Sewer� Water and Sanitery 9ewer-Project No. 58 cimended as listed on pages 73 and 7�F oi 'the Regular Council Meeting Agenda for October 5� 1964. Councilman Sheridan inquired 3f Councilman Wright WiGhed to include the objectore� that the people who had vo3ced obaections now had a�eater asseasment., Motion by Wright to adopt Reeolutlon.�206-1964 confirming aseeesmeat Yor Storm Sewer, Water, and Senitary Sewer Tmprovement Project No.,58 and,adopt- ing the Alternate Aesesament Ro11 listed on pages 73 and 74 oY the,Regular Counc3l Meeting Agenda for October 5� i964. Co�mcilman Wright also � wished to make note of the,fact that.there were the,follrnring , _ objectors: � � � � Mr. Dan Sjodin� Lot 11� Block 1� Gardena Melo]and�Gardene � Mrs. Martin� Lot 6� Meloland Gardens . The Finance Director stated he wiahed a clarification; that the City Council had diecuased deleting the Storm Sewer on C�ntral Avenue until after the fixst oi the yegr� that they had water croesinge wh3ch were discuased and the matter oi waiting with those tmtil the lateral aervice went in. He inquired iY this wese-the iatent3on oi� the City Council, thet there was actually some sewer lateral �:laid but �there vrere eome probleme connected with t,t� for example the Weias property and Sovth oi 6�+th Avenue. He explained this would be part of no future,project� that the costs were high and the Council had diecuseed wa3ting•with that part of the aseesement and they ahould he,ve�a clear,underetanding. Counci]men Sher3dan atated they had told the'resideqts they would work something out to aee ii they could give them something more equitable, Councilman Wright atated they could e3ther delay the assessment or spread it, Councilman Sheridan explained Mr, Weies had complained about the amount charged for sewer and water �hich wae about $6�000.00 and the Council had wanted to restudy it� that it was a kind of a iorced project because of the County going in. The Fina�ce Director asserted he hed understood that it waa the intention oY the ity Council to pay for the water croeeinge out of the small wa.ter revolving fund and wanted to make eure theTe was a notation of this in the minutes. Seconded by Sheridan. t�otiou by Sheridan to delete from the Aesessment Roll� S& SW �58 for this year that part whi�ch is Sanitesy Ser�er Llne on Central Avenue between Mieaieaippi Street and Woody Iane as part of Yro�ect #58. Seconded by Wright. Upon a voice vote� there be3ng no n�ys� the motion carried unanimoufily. On the Mbtion for the Adoption oY Reaolution #206-1964� there being no nays� carried unanimouely. BIDS - POLICE,;Q!}R(RE_pp�g��D FROM 8/31/64): Mayor Nee announced bids taken on�police cars for the cansideration of the City Coiutc3l. The City Manager read the bide as iollowe: BID SPECIFICATIONS SENT TO SECURITY EAR #1 CAR, 2 CAR #3 TRADE TOTAL . IN BID Midwe.y.�odge� Inc. . 1013 Univereity Ave. St. Pavl� Minn. Midway Ford Company 1850 Univeraity Ave. St. Paul� Minn. Att: Ned Srandt � Kemper Motdlr 5alea 801 E, 7th St. St. Paul 6� Minn. � certiPied .check $290.00 certified check $255.75 � certified check $3i6.2o ➢odge Polara $11,159. �+� Ford Cuatom Police Special $7,590.00. Chryeler C-13, 4 Dr. Sedan $9,05�+.55 Hopkins Motor Sales Agricultural Dod�e Patrol 703 Excels3or Avenue Ina. Co. Bid D93 Hopkins� Minn. . , Bond 5',� $8,844.81 , � L� 'y� , $5,3��.�+o $5,775.00 �2,�+75.00 $5,115.00 �2,730.55 $6,324.00 �2,700.00 $6,144.�1 and eta,ted there �ae a memo from the Chief oP Police recommending the bids of Midway Doflge� Inc.� 1013 University Avenue� St, Paul in the emount or $5,775.00 be accepted ae the lowest bid meAing the apeciYica- tione with a dii'ference or $660.00 on all three cars. Motion•by Wright to concur with.the recor�endation of the Chief of Police and �ward the contract for the purchase oY three neW poliqe cars to Midway Dodge� Inc.� oY 1013 University Avenue� St. Paul� Minnesota in the net amount o�' $5,775,00. Secpnded by Sheridan. Mayor Nee inquired regarding the operating cost on the Chrys�.ers and if the depaz��nt was satieY3ed they.wanted to change, The City Manager replied they had had excellent low maintenance coet on the heavier cers and the police department Yelt the Dodge would be as good as the Chrysler. Upon a voice vote� there being no nays� the motion carrried unanimously. NEW BUSINESS RESOLUTION #207-1964 ORDERING IMPROVEMENT - SS �71: SS #72: 20f� 0 Mayor Nee announced for the considerat3on oi the City Council a resolution ordering improvement for Storm Sewer Project #71 and Sanitary Sewer Project f�72, He explained they had held'the public hearing this evening with no oUjectiona. Motion by Sheridan to adopt Reaolution �207-i964 ordering Improvement for Storm Sewer Project �71 and Sanitary �eWer Project �'j2: Seconded by Kirkham, Upon a voice vote� there being no naya� the motion carried unanimously. . nms _ ss��71 � s#72 (o�tvEn xoorr, SEPTEMBER 28, 1964): Mayor Nee announced for the consideration of the City Couneil bids opened this day for Storiu Sewer Improvement Project No. 71 and San3tary Sewer Improvement Project No. 72. The City Manager read the bids as follows: PLl1NIIOLDT�R SID SOND LUbff' SUM BID COMPI.ETION TIME Barbarossa & Sons� Inc. St. Paul $45,9i1.27 60 Cal. Days ' Roui,e �3 Fire & � � �� Osseor Minn. Marine 5� . , McDonald-Luben & Aesoc.� Inc. . - 211 North Pascal St, Paul� Minn. Randall Brothers 3400 Silver I.ake Road Mpls,� Minn.55418 P. D, Chapman Const, Co. 2809 Alabama Ave. Mpls� Minn. 55416 iIorace Montgomery Const. 1230 HSghway #100 Mpls,� Minn. 5542i bloretinni Const. Co, 852 Westminiater St. Paul� Minn. Johnaon Bros. Hwy & Heavy Const.� �nc. P.O. 1002 Litchfield� Minn,. Petrowake & Rosa� Inc. 3613 _ 53rd Place Mpls� Minn. 55�+29• AND Randall- Berglin 6801 Plaza Carve. Mpls,� Minne. 5542i Orfei & Sons� Inc. 1156 Homer Street St, Paul� Minn, 55116 MeWb113ams Conet. Co.� Inc. Long La.ke� Minn. 55356 Seaboard Surety Co. 5`� Agric. Ina, Co. 5� St, Paul Fire & Marine 5`� $47�700,00 $�+3,i67.oa $46,081.25 Ohio Far- $53,536.00 mers Ine, Co. 5� . Seaboard $48�4�+5.00 Surety Co. 5� - The Trav. $�4�9�+0,00 Ins. Co. 5� Trans.- $42�972.39 Amercia Ins. Co, 5� . Seaboard $5�+�56�.�+5 Surety Co. 5� capttol. $5o,i3�+.92 Indeamity Corp. 5`J6 Ae SpeciPied 0 As Spec3€ied 240 Cal. Days , 250 Cal. Days 75 cai. Daye „�i �� I , t . 120 Ca1. Dayo i . , �,,,w �� As 5peciii�'d 250 Cal. Days �i 92 caa. nays I I G�d The City Manager atated there had been a letter received from the consu].ting engineere stating they had examined the bid abstract and the lowest bid was i�om Petrowske & Ibss� Inc,� 3613-53rd Place� Minneapplis� Minnesota and Randsll Berglin� 6801 Plaza Curve� Y�inneapolis� Minneeota� a joint venture� in the emount oi $42�972.39 and were reCORmtei�3itig same.. Councilmun Sheridan inquired if the State Highway Department elso had to accept thie bid. City Engineer Qureshi replied he had eent the abetract of bide with a covering letter and after the City oP Fridley �warde the contract they will concur with this approval. �^� Mo'�3dn ihy,Sheridan to accept the reco�endation of the conaulting en- gineer� Mr. Comstock� and award the bid for Storm Sewer Improvement Project No. 71 and Sanitary Sewer Improvement Project No. 72 to Petroweke & Roes� Inc.� 3613-53rd Place� Minneapolis� Minnesota and Randall-Be�glia� 6801 Ple.za Curve� M3nneapolis� Minneeota� a jnint venture� in the amount of $42�972.39. Seconded by Wright. IJpon a voice vnte� there being no nays� the motion carried unanimously, BUILAING BOARD MEETING MIl+iUTES, SEFl�MBER 2 FOR BUILDING PERMIT BY RONALD PARIZEK FOR A S�LF-SERVICE Mayor Nee gnnounced �he item for conaideration of the City Council was an application for a building permit ior a self-aervice car wash. The City Manag�er read to the City Council the action and reco�ended appravel oY theBvilding Board. Councilman Wright inquired if thia were a pre-fab building. Mr..Robert Colony of Truman-Andereon, Inc., •Builders and Mr. Roneld Perizek were present. Mr, Colony rg�lied it wae a pre-i'ab building� wae coin operated and wae se7.f-aervice. He,preeented to the City Council s sketch� cblored photoa and plsns Yor the proposed building. `P1ie City Manager explained Mr, Wallace of the Buildiag Board wanted to make eure he advised theCity Council it wss not in conformity vith the area that would be sdded to the Riee Plaxa Shopping Center. Mr. Colony explained they had approximately oAe thousand oi theae inatallatione in at the present time� that the previoueiweek they had star,ted one in Phalen Shopping Center in 5t. Paul and one iu Rocheeter� Minneeota near the John Marehall High School. Councilman Wright inquired what the site plan looked like. � There'�was,a discuesion of the a].7.ey behind the atreet in question and easementa. Councilman Wright stated if thie company did get isolated� the City would be in a poeition of having granted them a permlt; 'Maqor Nee asserted there was an ordinance that required compata.bil3ty with adjacent buildings and further asserted he did not know the etatus but had been informed the vote oi the Building - Boerd had changed to a tie vote with one man abaent, He ate,ted he did not know if it would be appropriate to rePer the matter back to them again. Mr. Colony inquired if the mayor knex ior what reseon the vote was changed. Mayor Nee replied they had apparen�ly felt it was too d3f£erent� that Mr. Kravik of the Board wanted to reconaider and look at 3t again. � � Motion by W�ight to pefer the application for a building permit by . Ronald Parizek Yor a self,service car wash at 6460 Univers3ty Avenue Northeaet� part oP Lot l� Sylvan Hills Plat #5, Building to be 77 feet 9 inchee by 27 feet 8 inches of.plastic coated eteel with an � eetima�ed cost of $2�F�000.00 back to the building Board for recon- sideration on October 14� 19�+. Mr. Colony explained Mr. Parize�C was anxious"to get in operation. The City Manager etaied the matter would be back to the CityCouncil two weeks from thie night. Councilman Wright further exple3ned the mattea wae heing referred to the Suilding Board because he had reaervationa if.they used their own best �udge- ment and he hed eome information that they were coneerned about it� that he did aot want to be in a poeition oY eunvnarily over-ruliqg them. Mayur Nee.inquired if the other'ehapping center owners had had notice of thie� that thie ie the type oP thing the ordinance has relevance to. The Gity Menager replied they were not notified. Mayor Nee stated he Pelt the filling etation owner and the owners of Rice Plaza ought to be notiYied. Mr. COlony asaerted they had their lease �U� worked out and easement over the use of the land with the Nat3onal Tea penple, Mayor Nee replied the ordinance contemplates that demage to contiguous property can be done '6y somehow not meehi,ng eSthetical.ly� thai. he had hemrd of these.carwashea and had been told they were good installations but the queation o� irhether it daatagea prqperty,�'or esthetic reasona would have to be answered, Mr. Colony asserted he knew National Tea was a,nxious to have them there,. Counci]man Wr3ght explained this was no prejudice againat the business. Mr, Colony stated they had hac3 no problems anywhere they had these cerwaehea. Councilman Wright seserted in view of the chairman's reqUeat'ior i another look and the fact the other property owners had not Leen no- J tified� he felt :h3e motion :•was in order. Secdnded by Kirlcham. Mayar Nee stated he underatood and appreciated that Mr, Colony.had;gone a long way with work on thie already but would like to see.the problem aired. The City Manager explaiued the-ordinance says that the Ctty Manager is to noti£y•anybody he feele ahould be notified� that he ha,d not seen thia was an entire].y dif3erent atructuTe ��than wha� waa in the-area a,nd the City Council would.prePer that aome of the area people be notified� that itis not a�hard Yast rule but it ahould be done in some 3nstances. Upon a voice vote� there Leing no nays� the motion carried unamimously, , PLANNING COI�ffSSION MEETING MINVS'ES, SEPTEI�IDER 24, i964: GENLRAL 7JIYOUT FOR LOCKE PARIC: The City M�nager stated Mr. Wallace� plantling consultaht� had presented a proposal for the F,ocke Park and it wae reCOmmended for adoption by the Planning Co�iesion: It wae explained the North SubuY�bam Sanitary Sewer District would need abaut a 60 foot coaetruction •maintenance along the North line. Mr,.Wallace was present to explain the plans, location oi.park areas and play areas� general road'plan, foot trails� etc.; and flxrther exple.ined these w�ere quite�prelimiriary and normally these are drawn better but it would coet mDre money. ' Mr. Wallaee pointed out all of the development oY'the Locke Park can I be done in phases and the firet atage w311 atart the p9rk in bus3nesa - and it can be later modified and improved, Ae stated the oae•prineiple the coffinittees had sll worked with was 3netead,oY Coming in off�of University Avenue to come in alon� within the city's own property, Zt was pointed out thia general area would be Por,,oVeralT vae with great emphaeis on picnicing parties in groups being+>able to pull off the street at moet any point, Mr, Wal.lace e]cplained tha�t, onB' thing the group was anxioue to do ass remove the present ToAdway because the preaent experience had been thia was a pleyfiield g�nd,they were suggesting a diPferent roadway with a tturoarbund with a eex'�sin" � amount of parking. He Purther explained they propo8ed to have a•� tra31 so that it would open up an entire valley Yor walkitig and enjoy3ng scenery with an occaeional footpath� that the park committee had thought it sras well t000t�sider on overnight camping oi a small �'oup of not more then 30 to 35 ii it would be conaidered at all. "� TheCity Manager atated tha.t regarding acceas there wae euCiL bfY Prom SrooB- view Drive. The queation was raiaed by the Ci,ty,MadBger�1P the City Council should suthorize or raiee the.posa3bi]�ity o� salling granual or me,terial for State highway construction� that'the city could realize some �18�000.00 in this. It was e�lained the City Attorney felt it could be worked out legalYy. The City-Manager inquired of Mr. Wallace if tRis would hurt the park. Mrr-Wallace replied it,would'not. It wae explaine$ by Mr. Wallace the paxk Go�ittee had replized thia was a cho3ee piace of property. Mayor Nee inquired if 1� wae the proposal of the L3ttle League to leaee a�ortion of park land to�them. _, Mr, Wallace eteted this would r.epresent something to be coneidered and would think they would set up a minimum n�ber oP controls for the park� tha.t any park ha� the problem of control and policing. Couttcilman Wright inquired3P Mr, Wallace did not recommend,'any br3dle patha or iteme of thia nature. Mr. Wallace replied they 1�ad'not' been ruled out but right now they were tak3ng the thinge„that tirere obvious. The City Manager asserted the Plsnning �oami1s51oa had,left the impreaeion they were enthusiaetic about br3dle pathe. City Attorney Sm3th etated they had been talking about cleaning�out the forests and upon being told th3s wae true asserted they �tould e�iminate about C35� o£ the birda and they would transform thie irom a wildernesa � V J area to a ciVili2ed park. Mr. Wallace assured City Attorney Smith they wovld ieave se much naturel erea as poss3ble and would rather �go alow 3n developing rather than too fast. City Attorney 8m3th atated it was hia�opinion.they would exercise better control in the 3ong run by keeping the park ae.native and rustic with brush� stickers� etc. ' Mvt3on by Wright to conour with the recommendation of the Planning .Comuniss3on and Parks and Playgrounds Sub-couunittee that the propoaed — general deaign of the road layout and foot trails for Locke Park be adopted ae the bae3c plan for the development oY Locke Park. S�conded by Rirkham. Upon a,voice vote� there being no nayar the motion carried unafii�moualy. l • r t SALE OF IATS 15 TfiftOUGfL•^�,20, BI.00K S, RIVERVIEW HEIGHTS: The City Manager read �o tl;e City Council the reco�endation of the Planaing Coa�is$ion ior the disposition of Lots 15 throu�h 20� Blocic S� Riverview Heighte. . � Motion by Kirkham to authorize the City Manager to inveet�gate the posaibility of hctw much the Ci�y of Fridley could reaeonably expect - to get for the eale of Lote 15 through 20� Block S� Riverview Heights, Seconded by Wright. Upon a voice vote� there being no nays� the mot3on�carried unanimously. PuRCaasE oF r,ars 16 Arm i7, BLOCK 6, CARISON'S SUPM�ffT MANOR: The C3,ty Manager read to the City Council the recommendation of the Plsnning Co�iseion and etated theee lots had been diacusaed for some time� that one lot was ta�c forfe�t and the other would be� that if the , City Counci�. wiehed to concur� they could refer the matter to h3m and i- the City Attorney Por the neceasary legal etepe to bring back to the floor for final ection. Councilman Wright stated it wae his opinion I the City Council ehould go ahead on thia item as there wae a definite need in the area ior park purpasea� that the City did own one small lot that had been improved slightly on Capitol but there was not enough room for sandlot ballgames. Motion by Wright to concur with the recommendation c�'the Planning Co�iesioa and inetruct the City Ma.nager to begin ne$otiations for the�acquir3ng of Lots 16 and 17� Block 6� Carlson's Summit Manor Addition by whatever means deemed appropriate. Seconded by Sheridan, Upon a voice vote� there being no naysy the motion cerried unanimously. < 1G AND USE OF Tf� AREA ADJACENT TO THE SITE Y urtetirmer.. The Citq Ma.nager read to the City Council the reco�endation•oi the Planning Co�iseion regarding a epecial hoepital zone to be created in the zoning ordinance to permit and thereby limit the area to certain typee of use. It was explained by the City Manager if the City Council wished to concur they would direct the City Attorney to work with the cou�iasion to prepare a reco�ended amendment for their consideration and thie could be eet tYp. Counc3lman Sheridan inquired ii there had been'any request or oorrespondence with the owner of this property. - The City�Manager�xeplied-there had and the owner does have a plan 3'or someuqee: Councilman Wright stated he had been told the;,owner a]seady hae some two or three ple,ne for the area. It wea explained by the City Manager it was felt by using special hospital zonin� as to wha.t the owner says he will put in there� if he should sel}. off the Brope_„_rtuy it_c�rould_ be properly zoned. _ -, --_ Motion by Kirkham to direct the Ci£y Attorney to arrive�at a recoimnended $mendmen�'tG Chapter �+5 of the City Code for Council consideretion regasding a epecisl hospital zone to- be created in the zoning ordinance. Seconded by Sheridan. Councilmsn Wright etated he wished to diaqualiiy himself .to vote and would request to speak to the C1ty Counc3l as n citizen. ,He exple.ined the reason he wiahed to diaquslify himself wsa that he was in oppos3tion to the zoning on the basis of Christ Episcopal 211s Church having an option on a tract of land and they were finding it impossible to �ind a piece of land in Fridley� that it wae their opinion t,hia would do a big �favorfor' Mr. Hafner� owner oi theproperty by having tlie church located there� and that,this was a citizene opinion. Mayor Nee inquired if Councilman Wright didn't want the aeaociated buildings to the hoapital. Councilman Wright replied the hoepital didn't res�lly encourage or require the, type oi zoning requeated. Upon a voice vote� the motion earried with Councilman Wright abstslning. BOARD OF APPEALS MEETING MINUT�S, SEPTEMBER 30� 1961+: . ON A RCQUEST FOR A VARIANCE FROM • L• {,i��1�Ut� 1�• �O� The City Manager read to the City Counc3l the reco�mnendation of the Board of Appeals and stated Councilman Sheridan had invee't�.gated the . matter. Councilman Sheridan etated he had reviewed thia matter be- cause of the two variancea and to properly build a home of the size and quality they plan to put on thie and make Yt contiguous� he could see the reason for theBoard of Appeals to make this reco�endstion and concur. Motion b,y Sheridan to concur with the reca�endation aP the Board of Appeals and grant the requeat ior a variance from Section �F5.23� City Code oi Fridley� Minneaota 1963� by waiver o£ side yard requYrements fram 10 feet to 6 feet on the North Side� and Prom 10 Peet ta 7 Peet on the South eide of Lot 1� Block 1� Meloland LakeYieW� Anoka County� Minnesota� same being 6040 Woody Lane N. E.� to permit conetruction of a one family dwellin�� the request by Satn Templin� 1251 Gardena Avenue Northeast. Seconded by Kirkham. Upon a voice vote� 'there being no nays� the motion carried unanimoualy. RLCRI;ATION COMMISSION MEETING MINUTE52 AUGUST 24, 1964: Mayor Nee announced for the conslderation o£ the City Council the receipt of the �Sinutes of the Recxeation Cotr¢niseion meeting��held Au�;ust 24, 1964. . i Motion by 5heridan to receive and file the minutes of the Recreation Co�nission Meeting minutes held August 24� 1964. Seconded by Wright. Upon a voice vote� there being no nays� the motion carried unanimouely. Councilman Rirkhem stated he wiahed to draw couneil attention to the amendment to the Park Ordinance thst Mr. Grae�f had,suggeeted and inquired if they covld have the City Attorney draw a eample ordinance for consideration at the next regular meeting. Councilmen Wright asserted he felt the Recreation Co�iaeion had rever9ed iteelf but would go along to have the ordinance drawn. � Motion by Kirkham to authorize the C3ty Attorney to'draw a eample ordinance for conaiderstlon at the next regular meeting which-would prohibit both intoxicating liquor or non-3ntcaicating malt liquor on park property. Seconded by Sheridan. Upon a uoice vOte� there being no nays� the mot3an carried unsnimously. � PARKS AND PLAYGROUNDS SUB-COMNII'PTEE AND RECREATION CO�SSIpPI JOINT ...,.,m,,,.,. ..,,,,,,m,,,, ,,,,,,,,,m -„ ,,, .. Motion by Wright to receive and file the joint meeting'minutee of the Parka an8 P�,ygrounds Sub-Co�ittee and Recreation Co�iseion held Auguat 31� 1964. Seconded by Kirkham. Upon,a voice vote� there being no nays� the motion carried unanimously. ` i ) � "C ,(� L COMMiJNICATIONS. � CITY AT`�ORNEY: CHARTER CHANGEy . RE: CITY PRIMAItIES Mayor Nee announced for the consideration of the City Council a communication.f`rom City Attorney Smith regarding a Charter change on City Primariea. Councilman Sheridan inquired how.much time would be needed to have the Charter change on the November ballot, The C3ty Manager replied they would have to have notice at the newa- paper on October 12th, i'or publication October 14th. Councilman Sheridan inquired 1f the notice covld be put in and if the Charter Co�iseion concurred they would have it putliehed and if they did not they would not publish all the notices� that he did Peel con- fident they would when it wae explained to them.� It Wea explained the only gamble would be the coet of one publication. City Attorney Smith explained to the City Council there wae no reason why Council- man Sheridan's suggeati,on cou]ldn't be adopted� that�they could direct the City Clerk to prepare the�neceaeary notice,and ballot eubject to ratification by the Charter Commiaeion snd"if 'they don't act or turn it down� it could be dropped. � , Motion by Sher3dan to publish notice of a vote on a charter change at i,he November 2nd election. Seconded by Kirkham. Upon-a voice vote� there being no nays� the motion carried unanimouely. ROBBINSDAL�: RF;GIONAL CONFERENCE Mayor Nee announced for the consideration of the City Council a co�unication £rom the City of Robbinedale regarding the Regional League oY Minnesota Municipalities meeting. City Attorney Smith expressed interest for the meeting proposed and stated some legislative bus3ness should be brought up and diecussed. � Motion by Wright to receive and Pile the cou�unication irom the City of Robbinsdale regsrding the Regional League of Minneeota Municipalities meeting to be held October 15th� 1964 in Robhinedale� Minneaots, Seconded by Kirkham. Upon a koice vote� there being no nays� the motion carried urtanimously, PE7,'ER80N: LOT SPLIT AND ASSESSMENTS �'�"�r The City Ma,nager suggested to the City Council they referithe matter of the lot split and asseesmenta.from Mr. & Mre. W. A.iPeterson to the Finance Director and to the City Attorney to auggest whatever can be done with this particular requeat. Motion by Sheridan to refer the requeat of Mr. & Mre. W. A. Peteraon� 1601 Gardena Avenue Northeaet� Minneapolis 21� Minneaot�a t4 the adminis- trat3on for a reco�endation. Seconded by Kirkifa�. Upon a voice vote� the�,q�being no nays� the motion carried unanimouely. � CITIZPNS FOR GOLDWATER: PARADF - Mayor Nee announced a co�uni�tion for Council consideration from Mr. William B. Stukae• Chairman of the Fridley Citizena fox Goldwater- Miller Co�ittee� Councilman Wright inquired if it was�%ga�i to have people on a semi-trailer on a highway. The City Manager replied a group would have to have permiseion irom the State Highway Department. Mr. Stukas was present and introduced himaeli. He preeented a map with plan•of pe,rade in question. The City Manager inquired if Mr. Stukas was providing a police 'escort for thie parade. Mr. 3tukae replied he was presenting this to the City,Council and Wiehed to,ask about a police eacort. The City Manager informed�Mr.Stukas he should contect District #5 of the Minnesota State Highway Depaxtment and an eacort car could be provided from the City of Fridley. A diacueaion peTiod was held , t ;� 1,� regarding traffic congestion� the providing of police oPficere, route to be taken and the fact it was e.n evening parade: �� Motion by Kirkham to receive:the-coa�unication from Mr, William G. Stukas� Chairman of the Fridley�Citizene for Goldwater-Miller Co�ittee and �ant the requeet Yor the conduc�ing oP a parade through the City of Fridley on Sunday� November 1� i964. Seconded by Sher3dan, . Mr. Stukas inquired if he could� at this time� requeat time to worl! with the Po].3ce Department on the parade. � Upon a voice vote, there - being no nays� the motion carried unanimously, BOARD OF HEALTH,.REPORT AND PETITION Motion by Sher3dan to receive and file the report from the Board of Health and petition. Seconded by Wright. Upon a vbice vote� there 6eing no nays� the motion carried unanimously. Counci]man 3heridan requested the City Manager have the Health Inspector check 1�01 Highway #100, ile explained the home is now not occupied and hea been sold and taken over by a real estate firm� that new ownere would possibly be coming in for a building permit and the super etructure of the home has never been completed and merely wanted to make sure no one moved into a basement home. , - It was explained with regard to the petition received from the Board of ftealth regarding the atructure at 736_Kimball Stxeet Northeast� the City Attorney had already a�eed to contact the owner of the properl;y. BUILDING INSPECTION: STORE ON MISSISSSPPI STREET: The City Manager explained to the City Council the co�nunication from the Auilding Inapector regarding the proposed Sport Shop�; �hat thie was a lot 60 feet by 125 feet with a fi0 foot aetback leaving an area �60 feet by.65 feet for the building� that it ie a C2S ares and parking requirement would be thxee to one. It was atated the request ia based on the fact the building ie not part,oi a ehopping center or a shopping center type buaineas ae it is a boat sales. The City Manager eta,ted the request ie to grant the permit without the C2S parking, Councilman Sheridan asserted that very question had come to hie mind when he had studied this� if thie particular�type of' buaineas moved out of this building� then the type that could fo11oW miglit necesearily requ3re the additional.parking. Mayor Nee stated as the chairmany he was ruling thie was out of order and contrary to the ordinance� that it would have to go to the Board of Appeals and it was hia judgement� if the Board of Appeale would have had theinformation�they wouldn't have.reao�ended the waiver. Mr.Johnson asserted they'had diacussed the parking at both meetinge he had attended. The City Manager explained the matter didn't go to the Board oi Appeals for this pasticular part of the request. Councilman Wright Yurther explained they had not discussed the fact it was in violation of the parking aetback. It was stated by the City Manager the item must be returned to the Board oY Appeals at their meeting to be held on November 2nd. - CITY ATTORNEY: CONDEMIdATION OF SENNETT PROPE$TY , ' Mayor Nee announced a co�unication from the C3ty Attorney regerding - the condemnation of the Bennett property. The City Manager expla3ned to the City Council there Was an additional letter from the �ity • Attorney i,o be considered regardin� the Oman property. City Attorney Smith explained theae lettera were important becauae of the hearing before the commiaeioners on October 19th and if theae deals were sati3factory he could dismiea the proceedings and eave spme expense, He further e�splained it had been attempted to get $23�000 Por the Oman property� that there had been`aome informal talk and the City of Fridley didn't have i�ediate use for the house and that Mr. Oman did maintain the premiaes. The Bennett property was explained as being ( � Y�� one iracant lot with an adjscent lot and buildin� with oYfices and etorage space. City Attorney Smith Yurther e�lained they had acquired the lot next to that from Mr. Art Chrietenson ior $2�000 and he did claim he had more than that inveeted in it� that he had aleo aerved Mr: Car1 Sennett with condemnation notice. Counci].man Wright in�luired if there were an appraisal from the Oman property. City Attorney Smith replied they ha.d an apprstiieal beiore� and the present Bennett Appraisal was $19,500. Counci]man Sheridan asaerted that.on checking the Bennett eite and building�.if the City did go through condemnation for the adjoining lot� he Yelt they would pay a premi� Yor that extra lot becauae they were not leaving him any accese and Mr, Bennett would be able to have anyone say it wae worth $4�000. Mayor Nee assexted the City Manager and City Attorney did seem to think the Bennett. building could be used for several yeare and has a metal building attached, Motion by Wr3ght that the City Attorney be authorized to aettle the purchase oY the Bennett property including the lot with the buiYiing at the price indicated and authorize the Oman property purchase under the texme of Octoher 5� 1964 in apprwcimate figurea men�ioned, Mayor Nee inquired 1Y this would then eventually be charged into the Build- ing Bond Fund. City Attorney Smith replied the Finance Director had raiaed the question of when they were going to sell the buildhg bonds� that he could arrange payment with3n a period of time. Council.. me.n Sheridan inquired if they could make a normal payment io each one of these pxopertiea. aCity Attorney Smith replied Mr „Bennei.t wanted to put his money into something elae but did not think Mr. Oman was pressed. Councilman Sheridan inquired if there were any money to sell temporary bonda. The Finance Director etated there was and they could sell temporary bonds e.nd it would:be an investment of the sinking Yund. Seconded by Sheridan. Upon a voice vote� there being no nays� the motion carried unanimously. VISl'PORS: Mayor Nee inquired if there were any visitors present,, not 13sted on the Agenda� who wiehed to be heard. There wae no one preoent who wiehed to be heard. CLAII� • Motion byWright to approve the payment of General Claims #3479 throueh #35�3. Seconded by Sheridan. Upon a voice vote� there being no naye� the motion carried unanimously. , Mot3on by Wright to approve the psyment of Liquor Claims �6744 through #6777, Seconded by Sheridan. Upon a voice vote� there being no naye� the motion carried unan3mously. � Mot3on by Sheridan to approve the payment of Public Utilities Claims #3621 throvgh #3654. Seconded by Kirkham. Upon s voice vote� there being no nays� the motion carried unanimously. LICENSES• Mayor Nee announced for Council coneideration licenee applicationa. Motion by Wright to s.pprove the isauance of the following licenses; ELECTRICAI, Hofi�ann Elec�ric Company 239 West 7th Street St. Paul 2� Minneaota Richmond & Sons . 2810 Ma,jor Avenue Minneapolis� Minnesota by: Edward Iioffmann by: Jack D. Richmond R�NEWAL RENEWAL ��,� GAS S�RVICES Egan & Sona , 7100 Medicine Lake Road Minneapolis 27� Minneaota Henry E, Walburg . 665-51.st Avenue N. E. Minneapolis 21� Minnesota GBNERAL CON4'RACTORS D. L, Anderson .6067. Woody Lane Frid]ey 21, Minnesota Fires3de Realty 3800 Fremont Avenue North Minneapol3s� Minneaota HEIITING General Sheet Meta1 Corporation 508 South Seventh Street Minneapolis� Minneaota Henry E. Walburg �S-51st Avenue N. E. ,Minneapolis� Minnesota MASONRY T. & T. Construction Company 8732 Polk St. N. E. Minneapolis 33� Minnesott�. PLUNID1iPG . R& J Plumbing & Heating Service �+�55 Lakewood Avenue White Bear 10, Minnesota by: A1 Smith RENEWAL by: Henry E. Walburg RENEWAL by: Don L. Anderson RENEWAL by: Howard C. Gentz by: R. J. Kraus by: Henry E. Walburg NEW r; , NE'W RENEWAL by: James B. Jaekson ,� RENEWAL 0 . by: Ronald Jackaon :NEW R OOFING � � � _ _ � , . Johnson Bros. Construction Co. , i 1200 Weleome Avenue North Minneapolis 22� Minnesota by: Richard Johnson NEW 0`PI�R LICENSES: . � " , • RUBEISH & GARBAGE PICKUP ' Peterson Brothers Sanitation by: Robert & Donald Petereon 1271-125th Avenue N. E. 1271-125th Avenue N. E. Minneapolia 33� Minnesota MinneapoZis� Minneaota Seconded by Sheridan. Upon a voice vote� there being no�nays� tfie motian carried unanimousZy. PETITIONS: Mayor Nee announced for the consideration of the City Council a petition for sewer. � Motion by Wright to receive and re�er to adminietratio�t Yor prpceasing Petition ��38-1J6�+. Seconded by Kirkham. Upon a voice vote� these being no nays� the motion carried unanimously. � �� I _� , Gr� RESOLU3'ION #208-1964 CONFIRMING A35ESSMENT ROIS. - 5W #61: Mayor Nee ann0unced a resolution for the conaideration of the City Council coniirming Assessmeat E�oll'ior Sewer and Water Improvement Project'No. 61. Councilman Wright atated that as he underatood� they wou].d have to eetablish a rate� that the actual roll ie not accuxate and the ratee in Se'etions one� four and five ahould be $6,Of3 per front foot for water and $5,37 �'or sewer and this.would amend the assessment roll on theae eectione and not change any of the canneotion charges. Motion 6y Wright to adopt Resolution �208-1964 conf3rming Asseesment Ro]1'Yor Sewer and Water Improvement Project No. 61 se tunended and ratee in Sectiona one� �our and five to be $6.08 per froni, foot for water and $5.37 for sewer with no chan�e in any connection charges. Seconded by Kirkham. Upon a voice vote� there being no nays, the motion carried unanimously. �soLVriorr #209-196�+ corrF�t�mvG AssrsssMErrr xo�s. - ss #53: Mayor Nee announced for the coneideration of the City Council a resolution conYirming Aaseasment Ro11 far Storm Sewer.Improvement Pro�ect No. 53. i Motion by Wright to adopt Reeolution �209�196�4 conYirming Assessment Roll for Storm Sewer Improvement Project No. 53. Seconded by Sheridan. Upon a voice vote: there being no naysi the motion carried unenimoualy. Councilman Wright noted% that the asaesament for the Shaffer's Addition area will be the alternate aeaessment roll as shown on pag�ea 56 and 57 of ehe RegularCounc3l Meetin� Agenda of October 5�• 196�+ also including the roll for the Lynde Drive area. RESOLVPION #210-1964 ORDERING FINAL PLANS AND SPECIFICATION, SW �70: Mayor Nee annovnced ior the consideration of the City Council a resolution ordering f3na1 plans and specificatione for Sewer and Water Project No. 70. Councilman S�er3daxs 3nquired if ,thia were the item where New Br3ghton was going to participate, The City Manager replied he was in the procees of getting figurea from New Brighton aa to what they would charge to have aome people hook into their line, that these are included_and they would have to be taken out depending on what would happen as he didn't have the figures ae yet but it would not hold up'the hide. It was explait�ed i� the figures were unsatiafactory� they frould be 1ei't out. Mo�ioa by Wright to adopt Reeolution #2io-1964 ordering final plans and speciiication� --Sewer and Water Project No, 70. Seconded by Kirkhain. �Upon a voice vote� there being no nays� the motion carrled unanimauely. � , . Mayor Nee announced Yor the.consideration oi the City Council a resolution directing preparation of Aaseasment Roll for Pro,�ect �24. C3ty Attorney Smith called attention oY the City Council to the - letter and resolution�regarding Project #24B he had given them, Mayor Nee announced the iteffi would be to receive the letter from the City Attorney on the reviaion of the reassesement on Project �24B� dated October 2� 196�+, . , Motion by Sheridan to receive the letter from City Attorney Smith flated October 2i 196� regarding Project 24B� Storm Sewer Re-aesess- �rit on Pro�ertx of _ M, & 0._Paper^Company. Seconded by Wroght, Upon e voice trote� there being no nays� the motion carried unanimously, Ma.yor Nee announced a resolution directing the preparation u�fthe Aasesament Rol]. on the basie oi a new iormula concerning a policy. ��� Motion by Kirkham to adopt Reaolution #211-196�F �etabl3shirig a policy concerning the assessments of teriefitted proper�y�for Storm Sewers in the City of Fridley. SeconBed by Wright, Upon a voice voi,e� there being no nays� the motion carried unanimously. Mayor Nee explained for the record in connection with the pol3cy resolution and the resolution regarding Project No. 24 that these were discuesed and reviewed at length at a meeting of.the City Eouncil prior to the public hear3nga at 8 P.M, and also with the administrative staff. Motion by Wright to adopt Resolution #212-1961+ directing preparation of Assessment Roll for the-reasseesment of the S�orm SeWer portion of - Schedule B of Sanitary Sewer and Storm Sewer Improvement Project No. 2�F. Seconded by Kirkl�am, IIpon a vo3ce vote� }here being no nays� the motion carried unanimously, ,' � RECENING nr.nn.uvv - rvni, Mayor Nee announced for the consideration of theJCi�y Council e resolution rega�ding Storm Sewer and Sanitary Sewer Improveme�t Project No. 24, City Attorney Smith expls3ned to the Citp CounaYl it had been suggeated this could be done by serving nptic� i�ediately but he felt they should take more time and set thia item ior the meeting of November 2nd, He Purther expleine$ he had rece3ved pex- mission from the County Auditor tha� they could file thie aesesament late and he wanted to be sure everyone had full notice. TYy� City Clerk presented to the City Council a re�aseasmettt roll that described a parcel 3n the N 1�2 oi the SE 1�1 of Section ]2�,a part that is zoned R-2 and C-2 and M-� with a total aesesament of $127�811.23 and all other ex3�tin� asseesment would continue as previously aeseased., � Motion t�y Sheridan to adopt Reaolution �213-1964'd3rPCting publication of hearing on proposed asseaement roll ior the reeaeesemen� of"�EFie storm sewer portion oP Schedule B for Sanitary Sewer and Storm Sewer I Tmprovement Project No. 24 with November 2nd� ig64 as da,te oi meeting. Seconded by Wri�ht. Upon a voice Vote� there heing Ro nays� the motion carried unanimouely. . - r RESOLUTION �214-196�+ CERTIFYING Q�9R(�3 TO COUN4'Y 11UDITl7R: `, , , Mayor Nee announced for the consideration of the City Council a� resolution certifying charges to the Coi.mty Auditor,' � Motion by Sheridan to adogt ResolUtion �'214-1964 certifyi.ng charges to the Couni,,y Auditor to be levied against certei� properties Yor collection with the ta�ces payable in 1965 on Lot 17� Audito;'s Subdivisian Na. 92. Seconded by Kirkham. Upon a voice,vote� there being no naysa the mot3on carried unanimously, RESOLUTION #215-1J64 CE1�TIFYING CfIl1TtGE8 TO COUNTY 11iTI3iIt�f'� ��— Mayor Nee announced Yor the consideration of the City Council a I -resolutian certiiying chargea to the County Auditore., r� Motlon by Wright to adopt ResoTution #'215-1g6� certifying cYiarges - I to the Coun�y Auditor to he levied againat certain,properties ior j collection with the ta�ces payable in 196g on I,ot 19� Bloek 21+� Hyde J I Park Addition. Seconded hy Sheridan. Upon a voic� vote� there be3ng no nays� i,he motion carried unanimously. I , ^ i Mayor Nee announced a resolution for the'conaiderstion of the City Council approving plans and specificatiohs and order3.ng�the adver- tisement �'or bids for Water and Sewer Project No. 70, Motion by Wright to adopt Resolution #216-1964 approving the plans and specifications and ordering advertisement for bids for Wai�er ; t a snd Sewer Project #70 on October 14� 1964. Seconded by Sheridan. Moti�n by 5herida.n to amend,Resolution #216-1964 by adding an Item A�+ under Eonstruction Item and insertion oi Innahurck 5th Add3tion plat ae an alternate. Seconded by K3rkham. Upon a voice vote� there te3ag no nays� the motion carried unanimously. On the edoptiag of Resolution #216_196k, there being no nays� the motion carried unanimously. ' 364 CERTIFYING DELINQ,L�NT WATER AND SEWER CiIARGES Motion by Kirkham to adopt Resolution �2i7-i964 certifying certain delinquent water and sewer charges to the County Auditor for collection with the 196� taxes. Seconded by Sheridan. i7pon a voice vote� there being no nays� the motion carried unanimously. RESOLiYl'ION �218-196�F REQUESTING CIASING OF T. H. ��F7 CROSSOYER AT RICE CREEK TERRACE: Mot�oa by Wright to adopt Resolution #218�i964 xequestin� the hiinnesota State Highway Department to close the cross-over of Trunk Highway No. �+7 ior Rice Creek Terrace. Seconded by Kirkham. Mayor Nee stated he wished to eee the area stud3ed fire� and inquired if one had been made. The City Manager replied there had not. City Attorney Smith explained at the previoua meeting City Engineer Qureshi and C�ty Manager Wagner had reported on the matter. Upon a roll call vote� ,those voting aye� Wright� Kirkham� Sheridan, Those voting nay� Nee. The motion caxTied. Mayor Nee etated it was to be noted there was a false - atatement in the resolution. RESOLUTIONS #21J-19C�+ ANA #220-1 6�asnTING CERTAIN ASSESSMGNTS: Motion by Wright to adopt Reaolution #219-1964 abating assecsments on Lot 3� Hlock 11� Spring Brook Park Addition and placin� said aeseasment on.Lot 2� Block 11� Spring Brook Park Addition. Seconded by Kirkham.- Upon a vo3ce vote� there being no naye� the motion carried unanimously. Motion by Wright to adopt Reeolution �{220-1964 abating certain special asseaementa on Lot l�� Block 2� Horizon Heighte Addition, Seconded by Kirkham. Upon a voice vote� there heing tto nays� the motion carried unanimously. RESOLUTION #221-196k DIRECTING IS5UANCE OF TEMPORARY BONDS - SW #67 Motion by Wright to adopt Resolution �221-1964 directing the issuance of Tempoxary Improvement Sonda in accordance with Laws of 1�57� Chapter 385 5ewer and Water Project,No. 67. Seconded hy Kirkham. Upon a voice vo�te� there being no nays� the motion carried unan3mously. i64 D]RECTING THE SALE AND PURCHASE OF TEMPORARY ��a�„N - �n 7rv i Motion b���iTright to adopt Resolution #222-1964 directing the sale and purchase oi' Temporary Improvement Bonds in accordance with Laws of 1957� Chapter 385� Sewer and Water Project No. 67. Seconded by Kirkham, Upon a voice vote� there being no nays� the motion carried unanimouely. [•�y' 21� Motaon by �4right to adopt Resolution #223-1964 Directing the isauance of Temporary Improvement Sonds in aecordance w3th Lewa of 1957� Chapter 385, Sewer and Wster'and-Storm Sewer Improvement Projeet No.169.' Seconded b,y Y.irkham. Upon a voice vote� there being no nays, the motron carried unanimoizsl,y, . � DIRECTING THE SALE AND sw & ss �/6g: . , � Motion by Wright to adopt Resolution #22k-1964 directing the sale and purchase of Temporar�+ Improvement Bonds in aceordance with I.aws of 1957, Chapter 3� Sewer, Water and Stosm Sewer Improvement � Project No. 69. Seconded by Kirkham. Upon a voice vote� there being no nays, the motion carried unanimouely. RESOLUTION �225-1964 SETTING ELECTION AND DESIGNATING JUD(�S: Ma,yor Nee announced for the consideration of the City Council a resolution setting eleation and deaignating polling places &nd appointin� election judge4 for the November 3� 19�+ election.' Council- man Wright. inquired if these were all �he same judgea used in the previous election. The•City Clerk replied there were a'few new ,7ud�es added. - Motion by Sheridan to adopt Reaolution �229-1�6�+ deeignating polling places and appointing election judgea for the November 3,, 196�F election. Seconded by Wright. Upon a vo3ce votea there being no nays, the motion carried unanimously.- , � � . . . . . .i- o�:� Btrsrrr�ss: The Ci{,y Manager reported to the City Council that regerding Storm � Sewer Pro�ect Number B a 30 foot,util3� easement might have to be� given, that the c3ty did need a].0 foot permanent-- a� a-l0,foot','con- struction easement and for this ten feet the owner wen�s,$1�000`and he did not know 1f it were reasonable or not but the�only �tay,�he�City could get•this easement was to pay this amount for it. City,Engirter Rureshi explained they had a twenty ioot wa].kway and�it �as ysaated+and they had an easement for it but this was a. cor��rciall�' 2oned area�and the o��ner's attorney had called and said they might t�egotiate but 3f they could not� perhaps the ci�y should start condemnatioh. Cityt Attorney Smith inqu�red how soon they would need to'start on this,coffistructifln. City Lngineer Q,ur�ahi replied this was the project numbex,�SB for storm sewer that had been let and they could now start.WOrking,'�The owner's name was given as the Bennett-Palmer Company. City Attorney Smith - stated if the city had been plowing and epeding money on this property for five years they might own it but would check into the'mptter if the City Council so wished, Motion by Wright to authorize the City Attorney to acquire the property in any amount up to-$1,000.00 from the $ennett-Palmer Company. Seconded by Sheridan. Upon a voice vote, there being no nays, the moi,ion carried unanimously. The City Manager reported to the City Council the Fr3dley Fire Depart- ment had held a meeting regarding the contraet for the V�i�a$e oi�� Iiilltop and it had a vo1,e of 21 to !F not to respond to fire calls _u , at tlie Village of Hilltop unless the City Council did ao move that they respond. Councilman Glright 3nquired how long the Fire Department was required to keep covering the Village of HilLtop on fire c�lls. Mayor Nee replied it would ba about two weeks approx�ut,ately� The City Manager explained the City Couricil could over-rule the Fire Department� that it had been'�uggested that if it was decided to continue� the subscr�ption fee be razsed. Councilman Sheridan su,ggeated the Village of fIil].top be offered a new contract and felt they would take same for $7�000. Mayor Nee agxeed if they were going to have a contr,ect it ahould be £or enough to make it worthwhile for the Fire Department to wish to partic3pate. Motion by Kirkham to continue the present arrangement with the Village of $3lltop tor 30 deys and instruct the City�Manager to return with a fee echedule proposal, Seconded by Wright, Upon a voice vote� there being'no nays� the motion carried unanimously. Meyor Nee announced he had received a letter from (buncilmen Sotianson and the City Covncil might wish to consider same. � Motion by Sher�.dsn to rece3ve the communicat3on f7om Councilman Johanson. Seeonded by Kirkham. Upon a voice vote, there beix�g no nays� the motion carried unanimously. The City Mansger announced he had a letter from the North Suburban Sanitary Sewer District stating that if the City wauld provide a 60 foot conetruction easement� they would proceed to put in a gravity sewer line instead oi the original forced main. Mr. Come�ock� con- sulting engineer� stated it didn't appear this would be �reater than sixty feet and the permanent easement would 6e a maximum of 60 feet. Councilman Wright inquired lf they didn't attempt to x�place the ground Eover and was told they did not. Mr. Comstock explained he had e map t�om the North Suburban Sanitary Sewer District and this was the bamic alignment where their forced main would go� that in the future� 19"�3 or 1980 there would be additional lines required but they were substituting this construction with one gravity sewer line from Stinson Bouleuard. The reasons Por making the proposal were explained by Mr. Comstock, Councilman Wright 3nqulred when this construction wae proposed. Mr. Cometock replied the contract woiald be let the very end of the year and explained this easement was along the park property nnd they would have access under the terms of the contract, Motion by Wright to adopt RESOLUTION #226-196�+ that 3t is the intent of the City Council to convey the North boundary of Locke Park Por purposes oY construction of the sewer main ior the North Suburban � Sanitary Sewer District. Seconded by Sheridan. Upon a uice vote, there being no,nays, the motion carried unanimously. � i J 1 �, . �` ' i �, ' �� Mayor Nee announced there was a Notice o£ Hearing of the Giat,er Pollution Control Commiasion on November 4th on the Metropolitan Sewer Plan. Councilman Kirkham stated the parking lot on the N�rtheast corner of University an8 Misaiasippi Street� Namely Theisen's property, was in violati.on oi Ch�pter �5.2i9, also in vio]ation of �5.214, He expla3ned this was a traific hazard because cars are going in and out of the lot where there is no access on University and should be blocked off and there ie no accesa designated th� full length of Misaissippi Street, that the dirt blows from the parking lot and is in v3olation also and the City Council ehould ;�ake eome steps. The City Manager replied that und�r the ordinance the Theise2r Market has eufPicient porking for their store on the side of the street the store is located and they don't call it a parking lot, Councilman Kirkham si;ated it ehould �e blocked off because it is a hazard. The City Manager explained as far ss a barricade� the State Highway Department and County of Anoka wou],d have to do that. Council�an Wright suggeated perhaps Councilman Kirkham wished to request the City Manager contact th� state and county departmenta regarding access and the awners of the property on duet. < Motion by Kirkham to instruct the City Manager to contact the Minnesota State Highway Department and the County of Anoka Hi�way Department regarding accese� on trie Theisen property and further comtnunicate wi�h the ownera af the property in question regarding the duet problem. Seconded by Wright. Upon a voice vote� there being no nays� the motion carried unanimously. u�� Mr. .7ohnson� soho had requested s iaaiver of the�parking lot require- ment.s t,o build a Sport Shop, requested i�he City Couricil discuss further his problem� that they had gone ahead'with their plans and made a lot oi arra,ngements and were Ueing held up by having to return i,o the Board of Appeals. FIe stated either the City Council wanted this buildin�; or they didn'ta that he had ��pought a truck� made arrange- ments for a Sranchise,, had had a.n architect draw plans and e.11 of this had transpired since the last council meetin�. Mayor Nee replied the answer as f�r as he was concerned was he was going to vote againet the store. Councilman Wright aeserted if this store were compared with the previouc� request made thas even3ng� he would be more in Yavor o� it. Mx. Johnson inquired if the City Council knew that Mr. Erick LaVine was to.ldlb,y the Building Inspection tha� this was eatisfsctory. Mayox Aiee replied the Building Inepector did not have juried3cation over the matter� that the Board o£ Appeals should check the matter ageit�� thaE t,hey had enforced this same idea on Mr. LaVine juat next door to the proposed building. ADJOURN: There being no further buszness� Mayor Nee declared the Regular Council. meeting of Oetober 5� 1964 adjourned. , RespecLfully submitted� ��,��-�t�-i S e Miskowic Secretary to the Council REGULAR COUNCIL MEETING� OCTOBER 19� 196�+ � � � William S. Ne Mayor A regular meeting oP the Couneil of the City of Fridley was aalled to order by Mayor Nee at �3:18 P,M. ROLL CALL: Members Preaent: Nee� Kirkiiam� Sheridan� Wright Members Absent; None APPROVAL OF MINUTES - REGUI�AR MHE`�II�IG, ocTOS�t 5� 196k: Motion by Kirkham to approve the minutee oi the Regular Meeting of October 5, 1964 as prepared and received. Seconded 6y 5heridan. Upon a voice vote� there being no nays� the motion carr3ed uneui-` mouely. , �