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03/29/1966 - 00021593� f� � , i�_ � � ANNiTAL CLEAN UP� PAINT UP WEEK; M�VOr Kirkham stated that he would like to see tha Gity start something £or the annual clean up� paint up veek. He suggested that the citisbana could put materials they had to dispose of out on the curb and that City crexs have a pickup on a given Saturday. Councilman Sheridan thou�t this would xnrk if it could all be in containe�s� but they should not be able to rake their leaves out into the street to be picked up. Mayor Karkham £elt that the details could be xorked out� and they may be ahle to enlist other organizations and manpower also. The City Manager said that perhaps they could uae citizena and donated trucks as the City does not have enough trucks or manpoWer for a pr4ject of this type. Gouncilman Wright said perhaps they could do it o��er a period of two days. Councilman Sheridan said that perh�ups some organization could spearhead this with the help of additional volunteers. Councilman Samuelson suggasted they get a letter off to the Jaycees. Councilman Wright said he £elt the City could give more than �ust a proclamat3on. Mayor.Kirkham stated that as long as they agreed� the Council could pursue this further. AIIJOURNMENT: There�beiag no other business Councilman Samuelson made a motion to adjourn the Council Meeting of March 21, 1966 at 12:15 A.M. The motion was a�canded and upon a voice vote, there being no n�ys, Mayor Kirkham decl�red the meeting adjourned. Rnspectflilly submitted� ��� � `T// , G�/L�i ,�S!( (/�i �L,✓.�-zi� „ � � Maxy Lu Strom Acting Secretary to the Council �, t" J' k �l�-< < �,� z ����, / Jack 0. Kirkham '-- M�yor SPECIAL COUNCIL M�TING MINUTES OF MARCH 29a 1966 The meeting was called to erder by Mayor Kirkham at 8:02 P.M. ROLL CALI. M;?SBERS PHESENT: Kirkham, Harris, Samuelson, Sheridan (arrlved at 9:35 P.M.) MII4BERS ABSENT : Wrig}it CONTINUED PUBLIC HEARING ON IMPROVEMENT - SYL�TAN HILLS - SANITARY SEWER #76: Mayor Kirkham stated that a nead for the 3mprovemant of the seWer system in Sylvan Hills �ras obvious� it eailed for the Council�s thorough atudy and a study ai' the best feasible way to approach it £rom an engineering standpoint. Any property that has a benefit £rom a project is assessed� but this case is not as clearly de£ined and there is a problem as how to assess £or it. The M�or stated that the Council muat ultimately make the decision and they are interested in the citizen�s v3ews. Mayor Kirkham esplained to the citizena s�e of the dif£erant ateps that xould be done in carrying out this project if it were definitely decided upon. He said that plazs,and speciiications are prepared, atudied and approved. The bids are lst by a sealed bid procedure. He said the contractor is raquired to carry 3nsurance and file performance bonds rnth the City equal to the amount of the contract. After the work is completed� an asseasment roll is prepared� aiother hearing is requi.red on this assess- ment� and the assessment must be Fair and equal to all benePitted owners, The property owner has the right to appeal any assessment he feels is unfair or not lagal. All the costs mentioned are extimated costs� and there is a chance that the final costs might be less. 3/21/bb � �� 3/29/bb Councilman Harris statad that the original public haaring hwd been pressed for time as tnere had b�en a second hearing scheduled for the same evening� and not everyone had had a chance to voice their opinion� and the Council felt th�y should be given this chance at this time. Mr. Frank Liebly 222 Mercury Drive� stated that as a resident and taxpayer of Sylvan Hills and the City of Fridleyj He would like to make a statement. f;e said that he has acquainted himself yrith this problem� and has found that the 8�� laterals are adequate and were� as far as humanlv traceable� correctly install�d. He stated that the trouble was the interceptor on , Universityy as its high velocity waspreventing the acceptance of sewer flow £rom Sylvan Hills� and sometunes was so high it causad baekflow. He felt they sho�}ld help the unfortunate people who have this trouble� but he questioned who should pay £or,it.; He�s�i.d it w4uld-not be r3ght for just Sylvan H311s to pay for it� but everyone who uses the interceptor should sharey and that is the City of Fridley. He felt that this legally was not an improvement; it was a repair job. He said to the Council that thay had no right to assess just the.residents in Sylvan Hills� eneryane who is using the interceptor is indirectly responsible £or using the interceptor and should pay for it--that is the City. He said this is a man size job and the Council should not burden a few homeowners with an unjust tax burdett' bnt he urged them to use the general sewer fund for this repair job. Mro Richard Peterson, 212 Mercury Drive, stated that he was in sympati�p with what Mr. Liebi nas ea�pressed. He said they had discussed this problem £urther� outside the City Ha11, after the previous Public Hearing� and they felt the interceptor is not adequate to handle all the flowage into it. He sai.d that this was not foreseen lU years ago and was an engineering mistake� so it should not be brought upon the heads of Sylvan Hills residents. He stated that the proposed solution is very inadequate and temporary and they still do not knoW if the problem will be licked. He wondered i£ when this neFr burden plus the new apartments were added to the lZft station� the pump �.n thta lift station will be adequate to handle it all. He felt the job should be done first class, and the interceptor taken care of even thou� it would be more e�cpensive� perhaps by connecting into N.S.S.S.D, now. � Mr. Ernest Powell� 621�1 Sunrise Drive� stated that the people had instibated doing something about this problem� and a£ter waiting 13 months� were presented zrith this outlandish and disgusting plano He asked why they should be ounished when tne engineers say that the line that is there is adequate� He said the intercept�r should be considered right noir. Councilman Harris stated that this was a different makeup of the Council and some of them had been presented with this £or the first time on Febrnary i�th. Mr. Powell said that Councilman Wright� Kirkham� and the engineers vrere here� and Sheridan had been on and ofY� so it was not entirely a new Council. Mr. Liebl said that Mr. Powell had lived up to all the codes when he built his home and we oyTey hun something as a City. Mr. Liebl said that Counci]man Wright had made the statement that he already knew where the next problem would be, and this should be eluninated. Mayor Kirkham stated that the Council wants to prevent any future errora and this is the reason for the long deliberation,, they would not want to ' �ump into an,ything unwise�yo Mro Lowell Swanean, 260 Sylvan Lane' stated that it was obvious that the people az'e opposed. He said that by the vote taken at the last meeting and � the overwhelmingl� signed petition� it is obvious that the voice o£ the people has been heard. He stated he would like to know i£ there is another plan that would work that would be a solution and not a temporary stop gap. The Consulting Engineer� Mr. Comstock� stated that this was a broad question. Fle said that ever� Gity has problem areas in putting in a sewer system, and they are trying to make £ull utilization of the system that they inherited. It the Council had unlimited -funds they could connect the whole City to the N.S.S.S.D.� but at the high cost ner connectiona the City must make use o£ the existing system. He said certain areas have to be separated and gotten in, � � � _��� 3/29/66 in other means� or the City will experience the same thing that happened in the past year iF peak flow conditions were tu occur again, Instead o� a million dollars to put in a new interceptor, you isolate areas and st�,ll use the interceptor to the maximum capacity� and with a lift station �ou are not creating problems to any other area. He said that this was a sens�ble solution within tha capacity to pay. He said that there were two parts to this problem� the first was the hearing voiced towards the approval or disappraval of the project and the second gart was the financing. Some people were against it because they may have to pay� and they should be ob�ecting to the second part, the financing� not to the construction. Mr. Gardner� 619Q Trinity Drive� said that a dif£erent engineering department should be employed to help out if this Council and Fngineering Department cannot solve it. Councilman Harris pointed out that the Council mu�t be fiacally responsible� and although there could be an enlarged pl az�� it srould be £oolish to spend too much money unwisely. Mr Comstock said that he does what the Council tells hun to do� and the Council does what the City indicates it needs and wants. He stated he would love to work on a much bi�der pro�ect� but that this Would not be fiscally sound. A visitor to the Council Meeting suggested connecting Sylvan Hllls to the rI.S.S.S.D, now, Councilman Samuelson pointed out that the N.S.S.S.D. lines had �ust been made avaiLable to Fridley in October� and one are��nrth of Sylvan Hills had been connected and this gave relief to the blst interceptor. He steted that he felt that eutting off the leteral is a permanent solution as far as Sylvan Hills is concerned. a visitor stated that they had experienoed backup in February after I�ielorJ�* Manor had been connected to the N.S.S.S.D. and after only a slight razna so the Meloc�y Manor connectiott to the N.S.S.S.D. had not helped Sylvan Hills one bit. Mr. Frank Liebl said that it makes senas to connect to N.S.S.S.D. noa. He said that when they hooked up Melody Manor it did not help as the pressure is here in the buainess district. He w�ted the Council to spend the money wisely so the Sylvan Hills residents can say to their children that they would not be assessed agaan� and not do like the past Council and be left with the present mess. Mr. L3.eU1 stated that his tax statement had gone up $60 and he sr�ted to know what he had to show for it. He said that Fridley was a se¢ond class City and the people want the services of a second class City, Mr. Richard French� 6110 Rainbow Drive� asked Mr. Comstock if the 8" laterals could be blocked at the interceptor and then hook up the laterals to the N.S.S.S.D. pipe that runs down the tracks-west of Sylvan Hills. Mr. Comstock said that that would be one solution� but to connect all of Sylvan Hills would cost $80,000 to $90�000 at a minimum� as their present charges are $150 per REC (resident equivalent connection). He stated that tktis present],y proposed solution is not �ust a temporary solution� but a p�rmanent solution for Sylvan Hills and that the interceptor is another problem en+,irely. A visitor asked why�,if the problem is the intereeptor� that the Sylvan Hills people must pay the cost. Councilman Harris said that this statement had never been made. No. one had ever said vho was going to pay or how much. The visitor answered that this was the question in veryone�s mi.nd and they vould like it answered. Councilman Harris read the minutes oF the previous hearing when a vote was taken� w�tth "the assessments notwathstanding" no oae was xn Pavor of the plan. The visitor said that no one will ob�ect to an assessment� but they tirould like a clarification on how the assessment xill be made. Another visitor stated that he Pelt this should be made on a Whole City-wide basis as 3t is bringing tne sewer system up to date. He said that they Feel tne whole City is involved and anyone that is connected right nox should he at the public hearing, and not �ust Sylean Hills. Mr..Liebl asked the City Manager how much money there was in the City fund £or sewer financing so the City could take care of it and not charge� and then assess these people when they are hooked up tc N.S.S.S.D. Utherwise� these people will be assessed three times; once when it was put in� nowa and Xhen they do hook up to N.S.S.S.D. He asked the City Attorney if it is legally gossible for Sylvan Hilla to be assessed for this. The City Attorney ansxered that it was legally possible under the 3aw to assess them for it� the decision of whether it be special assessment or from general tax funds is a decision that will have to be made by the Council. Mag or Kirkham stated that the Council has to deterrnine who is benefitted and make their detezmination as to the assassment on this determination. He said that the Council also has to be carePul not to establish a precedent that would get the City in trouble at a later tizne. ��� 3/29/66 Mr. Powell stated that the people here tonight� as a body� did not want to get a notice next time that there is an asseseraetrt hearing for this project which they are fi�ting against here tonight. We do not xarrt to hear anything about an assessment, M�yor Kirkham declared the hearing clased at 9:00 P.M. APPLICATION FOR A TRAILh�i PERI�fIT - 161 LONGFELLOW NORTHEAST (HOLMBERG): Mr. Holznberg was present at the Council Meeting and explained that his � home had been damaged by fire. He was not sure xhen he would hane the home ready for occupancy5 because no settlement has been made xith the insurance company yeto Motion by Councilman Harris to grant a permit to Mr. Holmberg to occupy a trailer at 161 Longfellow Street Northeast up until July 1� 1966� with the provision that an adequate sewer and water hookup is made. Seconded by Counci]man Samuelson. Upon a voice vote� there being no nays� the motion carried unanimously. The City Manager reminded Mr. Holmberg there xould be a$25 Permit fee which he could pay to the Plumbing Iqspector xhen he got in touc� with him to check tha hookup. PRELIMINARY REPORT ON SS{�80: . The City Manager explained that the engineers were bringing this report �o the attention of the Council at this time because these pl�s require construction on the land where the new Mississippi Street will be built, and if the Council could give some idea of which proposal they pre£er, the constructian in the Mississippi Street right-of-w�y couLd be-done prior to the street construction. Mr. Comstock� the Consulting Engiaeer, showed a map of the area to the Council, and pointed out the dif£erent areas and the way they drained. He explained � that they were proposing thrae basic plans as a solution to the drainange problem within the study areao Plan 1 includes a small retention basin� and the construction of a new outfall to Rice Creek. Plan 2 has no retention basin which makes it necessary to construct a line from 63rd and 6th Street to 63rd and %th Street; norEh on 7th Street to Bennett where it would join the existing line and thence on to the Creek. Plan 3 includes fu11 use o£ a rentention basin west of 7th and Bennett, eliminating the need £or added out£all capacity. Mr. Comstock explained to the Council that the water is now collecting in the open area, but someday this tract wi11 be develmped� and aome ultimate solution should be decided on, althou� it zrill not all have to be developed at one time. Councilman Harris asked if it would not be best to put the largest pipe (1�2° rather than 36°) at the lowest depth. There was a diseussion as to cost of oversizing� acqu3ring the land £or a retention hasin� development of different areas� yoning� and hoW asseasmenta could be handled. The Council made no final decisa�on on this mantter at this tune. Councilman Sheridan arrived at 9�35 P.M. and the Consulting Engineer went over thc SS#8a �-scussion with him. � REPORT ON DRAINAGE - 7TH STREET AND 56TH AVENUE NORTH$1"�T: , The City i�fanager explained that this has been a massive problem at all times� and the Consulting Engineers have made a raport on possible solutions•- He stated that he had given this report to the City Attorney to studyy and he may ca;e to comment. The City Attorney stated that he had done some research on the property owner's re�ponsibilities and had looked at the site� but he xas aot prepared to say which of the two solutions would be the better one. He stated that the law hoTds that a property owner who accumulates storm water on his property and discharges it in a manner that unreasonably damages neighbnring � � � r,_�� 3/29/66 property is responsible. The question of reasonable or unreasonable would have to be determined by the courts if an agreement could not be reached between the property owner and City o£ Fridley. In his visual inspect�un� he said it appeared there was a large amount of gullying and erosion on the property owner�s property� and that sand washed onto 7th Street and there was evident erosion ¢long the serv2ce d�ive. He saad a portion of 56th had been elosed because the water waa washing so much sand into the neighbor's yarda. Because of all these reasons he was sure th�s cou]�d make a good argument that the discharge is unreasonable and that the property octmer � should be responsible. Tha City Attorney said that it Nas the Council's decision on how to proceed. He said ha could suggest that they eontact the property owner and tell him that the Council felt the present situation is not adequate and cannot continue, and that two solutions have been brought to the Council�s attention: 1. Tamporary ponding on the property owners private propflrty. 2. A direct connection from his tile outfall into the City �torm sewer. The City Manager pointed out that he has written him letters and he is always going to do something about it� but never does. The City Nianag�r inquired what steps the Council would lake him to take next. Should a public hearing be ordered with all the assessments agaznst this property or would the Council direct the osm er to do the temporary pondin�;} giving him a deadline' or have the City do it and assess his property. The City Manager asked if the City Attorney should have a resolution prepared £or the next agenda as they have gotten nowhere on the Administrative level with this owner. Motion by Councilman Harris requesting the City Attorney and the City Manager to contact this property owner and advise him of the alternate proposals and of the fact that there Will be a resolution for public hearing on the next agenda� arrange a meeting xith h3,m and try to arrive at an agreement on which way it is to be done. Seconded by Councilman Samuelson. Upon a voice vote� there being no naysq Mayor Iiirkham declared the motion carried. � �43SESSMENT - SS{/S AND SS�12: The City Manager stated that this memo was an idea the Finance Director wanted the Council to consider, but the Administration would like to go over some of the legal ramifications of' it £urther with the City Attorncy so they would have more on this at a later date. Motion by Counci]mm� Harris to receive tY,is memo £or consideration. 8econded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkhara declar�d the motion carried. - APPROVAL OF AWARD - MISSISSIPPI STREET (T.A. #!t7 TO The City Manager stated that the original estimate was $45,32y•2C, and this was the basis on which the City agreed to go along with the Cqunty or. Mississippz Streat. Now the amount of $39,229.10 is the City�s share if the bid is acceptabTe. This will be $6,130.10 less than the estimated costs to the City. He stated that the Council mu�agree to the bidder also� and the low bidder was Bunkley Surfacing Co.� Inc. The City Attorney said he woulc draft a resolution to send to the County. Motion by Counc�lman Sheridan to adopt Resolution ��2-1966 approving t.he awarding of the bid to the Dunkley Surfacing Company� Inc. Seconded by Councilman Harris. Upon a voice vote� there being no nays} Mayor Kirkham 1 declared the motion carried. MISSISSIPPI ANB UNIVEF2SITY INTERSECTICN: Councilman Samuelson asked if ar�ything had been heard from Tom� Hodne on the Mississippi and University intersection. The City Mar,ager said he had talked to him recently� and Mr. Hodne was meeting with the $tate High�ray Department Thursday at wh3ch Mr. Wagner srill sit in� �d th�n he will meet with the Holly Shopping Center merchat�ts, and he is far enough a.].ong that he should be able to have something for the Council by next week. ��� 3/29/66 VISITOHS: M�. C. Eostrom, 6382 Baker Avenue Northeasts addressed the Mayor and the Counci]men and stated that there had been a little problem dnring the snow storm o£ March 2J which they would like to discuss. He stated that when the storm ended at approxunately 2:00 P.M. the people on Baker Avenue proceeded to clean their drivexays. At about 9:� P.M. the snow plox had not been through yet� Khen a City truck with its blade raised came dovn the str�et. He sai.d the resident at 63l�2 Baker ran out� hailed the driver� and the driver proceeded to back his truck into the driveway and plow out ' tb.e driveway. The truck then followed the resident and his wife north on Baker Avenue with the b3ade raised� although Baker Avenue had not been plowed. He stated that the next day, he and his neighbor talked to Mr. Chesney� Superintendent of Public Works� Mro Chesney sa�d he did not know az:ything about it� bat he would investigateo At that time the telephone rang and tk�e M2yor informed Mr. Chesney that he had authorized this an an emergency. A?r. Bostrom and his nei�bor then visited Mr. Kirkham� who told them a man had called that his �*ife was needed at the Iynwood Manor Nnrsing Home on an emergency. Mr. Bostrom then said he did not know if the resident had called Mayor Kirkham or if Lyt�nwood Manor Nursing Home had called� but xhat they were getting at was that all the other driveways had long baen opened� and if the womar. had a �ob that necessitates responding to emergencies� this driveway should have been opened and it hadn�t been touched. They asked why a squad car couldn't have taken her. Mayor Kirkham stated he thought he had made this all clear to them when they had visited his home. He said Mrs. �anDan was the head nurse at Lynwood Manor Nursing Home and her day started at 8:00 A.M., and if he had been interested in �ust getting her to work, he could have arranged to have her there on time,, but he had been called at approximately 7:00 an the evening by NIr. v`anDan �hat it kas necessary that Mrs. vanDan be at Lynwood Manon. Mab or Rirkham Said he was not aware of the degree of necessity� he thought the head nurse was qualified to determine the nature of the emergency and that Baker Avenue had not been plowed and she could not get out. He � said his first thou�ht was the most e�cpedient� to call the Police Department and talk to the dispatcherJ which he did� tell the dispatcher what the details were, frhich he did, and trust him to use his good jud@nent� aind whether he chose to take her over in a squad car or get a plow over there to escort her out onto a street that was plowedy made no difference to him. The nec�ssary thing was that she be gotten out in the fastest manner and to the home to respond to the emergency. Mayor Kirkham stated that he thought the dispatcher had done a coimnendable job� and it had only been a matter of minutes before he had a squad car locate a plow. He said he felt this uas such a wonderful thing on the part of the employees that he had written a commendation to the paper. Mr. Eostrom said there had been tra.ffic on Haker from 5:00 in the morning on� and if his wife held a job of responsibility� his driveway would have been cleared. Councilman Samuelson pointed out that i£ Mr. Bostrom had had the same emergency� the City would have helped him. Mayor Kirkham asked them what xas their point in bringing this up. Mr. Bostrom sa9.d that taxpayer money should be used to benefit taxpa,yera and not individuals. Mayor Kirkham stated he was sure this was done; that Lynwood Manor Nursing Home was not just a home for the aged as such� but there were many people there who required maximum care, and qualified people have to be on duty at all timea to do such things as administer oxygen� and these people are ta�cpsyers. � The City Attorney said that you could not e�cpect the Mayor to hane to make an individual decision as to an emergency. If this were the case� he could be held responsible xhile he made up his mind. You cannot expect every City employee to check out every emergency. If you call about a prowler� you do not axpect them to carry out an independent investigation before they anawer your emergency. M�or Kirkham said that if they wanted him toy he would check and i£ the home could disclose the nature of the emergency ha xould haoe it ready for the ne�ct L'ouncil 1�Ieeting� or he suggested they call the home. Mr. Bostrom stated he would think Mr. Kirkham would want to find out. The Mayor said, no, that he trusted them and £elt he could trust their �udgment. � � Counci].mar. Harris said that if all the emergencies of the tornado had been checked into� the City would still be checking. Councilman Sheridan stated that we have all learned a lesson from what has happened here. He felt the Administration should pass a memorandum around instructing the operating entities of the City forces that they are not. to go in on privately-owned property as was done here. He stated that right or srz�ong� this Was an error on the driver�s part� and they a11 know it} so it xi1Z not happen again. He said that this as distasteful for the Council, £or the nei�bors in the area snd we should see that this is eliminated, He stated that he had discussed this with the gentlemen pressnt and with the M�YOr� and,he ieels the City Manager should remind the operating entities withir, the City to make sure this does not happen again. Mayor Rirkham eaid that to make sure that everyone understood his opinion on this� he wanted %o assura all o£ the citizens that if any like inaident were to occur agazn and he got a ca11 asking for the services oY a doctor or nurse or anything else xhere City services could be of assistance? he would act in the same manner as he �ust had. �e said he would trust the opinion oY the professional people involved as to whether there was an emergency� and he would turn again to pro£essi_onal people and talk to the Police Depaxtme:at and give them the problem and let them handle it to the best o£ their ahility. ADJOURNMENT: There being no further business� Mayor Kirkham declared the special meeting oF March 29, 19� �d�ourned at 10:3p P.M. Respect�ully submitted� , ��,��� �,� �����_ �,i � Mary Lu Strom� Acting Secret�r}* tc the Council �� / I �C L�7 �-<„__. —}, t,G x , < <g- � J� Jack 0. Kirkham Mayor THE MINUTES OF THE REGULAR COUNCIL MEETING �F AYRIL !�i 1966 A reguiar Council Meeting of the City of Fridley was called to order by Mayor Kirkham at 8;10 P.M. ROLL CALL MII�YBERS PRESENT: Kirkham, Wright, Harris, Sheridan, Samuelson MEMBERS ABSENT: None APPROVAL OF MINUTES, REGULAR COUNCIL MEETING, MARCH 21� 1966: :� �" � � 3/29/66 Mayor Kirkham staied that there was a correction to be made in the Minutes. � On page 6 under the heading� "Communication: OYYice of Economic Opportunity: Need for Satellite Office�r. It should read ��Upon a voice vote� Mayor Kirkham and Councilman Samuelson vot�ng nay� the motion carried"� instead of listing just Councilman Samuelson as votir,g nay. Motion by Councilman Wright to adopt the minutes of the Regular Council Meeting of March 21� 1966 as amended. Seconded by Councilman Sheridan. Upon a voicc vote� there being no nays� Mayor Kirkham declared the motion carried.