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08/09/1971 - 00017981'??t� THE MINU^1ES OF THE SPECIAL PUBLIC HEARING MEETING 08 AUGUST 9, 1971 PLEDGE OF ALLEGIANCE: Mayor Kirkham led the Council and the audience in saying the Pledge o£ Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Liebl, Harris, Breider, Kelshaw, Kirkham MEMB�RS ASSENT: None ADOPTION OF AGENDA: Mayor Kirkham said that the followinq items are to be added to the Agenda. #13 #14 Request from Parks Director to lift No Parking restrictions on 61st Avenue August 13, 14 & 15 for State Open Softball Tournament. Claims MOTION by Councilman Harris to adopt the Agenda as amended. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanunously. PUBLIC HEARING ON FINAL ASSESSMENT ROLL POR SANITARY SEWER AND WATER IMPROVE- MENT PROJECT #93: Mayor Kirkham read the Public Hearing Notice aloud and said that the discussion on the improvements would be taken in order as they appear in the Notice. Area North o£ Osborne Road: The Crty Engineer put a map of the area on the overhead pro�ector which included the assessment per foot for sewer and water. Mr. Richard Harris asked if this is the Einal cost or if there will be more in the future because of the problem with the D.M. Noyes Company. The Finance Director said the cost they will be paying is as it was originally bid. The balance is being assumed by the bonding company. Mr. Richard Harris said that he understood the bonding company is not very reliable either. Plymouth and Minnetonka have had problems with them. The Finance Director said that another contractor was contracted to finish the �ob. The City Attorney asked if the bonding company paid for all the work the second contrac,�.or did, and Mr, Comstock, Consulting Engineer, said yes. The City Attorney said that it appears the bonding company lasted long enough to complete the Fridley 7ob. If there should be additional cost because the bonding company fails, in discussions with the staff, it is felt the additional cost should be picked up out of general funds. Mr. Harris said the contractor left the site in poor shape. They used some land for storage of equipment and left trash and uprooted trees. He said they had cleaned up everything except some stumps. 61st Avenue: McKinley Street to Sta.nson Boulevard: No one was present to speak on this portion of the improvement. , � ' SPECIAL PUBLIC HEARING MEETSNG OF AUGUST 9, 1971 � McKinley Stxeet: Cul de sac to North to 61st Avenue: No one was present to speak on this portion of the improvement. Jefferson Street: 57th Avenue to 58th Avenue: PAG� 2 ��( Mr. C.H. Ben]amin, 5708 Jefferson Street N.E., asked how the assessments were determined and what his assessment would be. The Finance Director told him that for his area on Jefferson Street the assessment for sewer is $8.90 per foot and £or water, $7.48 per foot. Mr. Benjamin asked what would be his total assessment and the Finance Director said that if there were no sewer ar water connection charges, $16.38 per foot for water and sewer. Mr. Ben�amin asked wha�k would be his shaxe and the Finance Director said that this would be his cost to him. Mr. Ben7amin asked what the total cost of the pro�ect was 3nd the Finance Director told him the figures from the final. assessment roll. Mr. Ben7amin asked if the people on the east side of Jefferson would be paying anytning, and added that his assessments would be more than his property is worth. The Finance Director said that the people on the east side of Jefferson are not assessed as they have already had an assessment for sewer and water and would derive no benefit. He added that for Mr. 73en7amin's lots there would be 200' front footage, so the cost of the project is divided by the front footage. Mr. Ben7amin said that he would sell his lots as soon as possible and would not � pay the assessment. He has waited for 22 years for sewer, water and streets. The Finance Director said that Ms_ Senjam�.n's cost is not out of line with what is charged a.n other areas of the Ca.ty, and that it is about an average assess- ment. Mr. Ben�amin said that they took a la.cking on the street. When Donnay put in his development, he took 30', so they ended up with a 24' street. The figure quoted to hun was $7.36 per foot for the street, now he finds out it will be $9.53 pex foot. The Finance Director said that there are two basic areas in this improvement and added that if the cost o� the facilities were divided further, the assess- ment on Jefferson Street would be more. Mayor Kirkh�m said that the City could not possibly assess the people on the east side o£ Je£fexson as they do not benefit. They have already received water and sewer and have been assessed fox it. The cost of the pro�ect must be paid by the benefitting property owners. He told Mr. Sen7ama.n that the cost to him is �ust about what the normal assessment usually runs. Mr. Ben�amin said that he would probably agree, he knew the Council has helped him to qet the street and he appreciated it, but to be truthful, he felt that he should have gotten the street without being assessed. They only got a 24' street instead of a 60' street. The people to the east claim they do not use the street, but it is used as a play ground for the children and they have put in gates in their back fences so they can store their campers, boats, etc. in the back yard, so they do use the street. He said he was very sorry he ever asked for sewer and water, the property is not worth it. It is only sand and � sand burrs, and he ends up with nothing after paying ta�ces for 22 years. For the first time he has a street he could travel on wa.thout first shovelling snow. Where have all his taxes gone for 22 years' The City should not have allowed Donnay to have that 30', and why should he have to pay for the Council's mistake? ) )� SPECIAL PUBLTC HEARING MEETING OF AUGUST 9� 1971 PAGE 3 Mr. Carl Paulson, 430 57th Place N.E., said that he had suggested before that � the alley could be vacated. This would give the people on Jef£erson 6 mo.z�e £eet so the street could have been made wider. He said Mr. Benjamin has told him there was a big error made many years ago when the Donnay plat was accepted and correction is diPficult now. He said N1r. Benjamin has also told ham the street is only 1' from their property line and 5' from the Donnay plat. Mayor Kirkham answered that was done so the snow could be pushed to the east xather than on the west where Mr. Ben�amin lives. He added that £or streets with a double frontaqe such as this, the Council had adopted a policy where the people fronting on another street do pay a portion of the cost of the second street. Mr. Ben7amin said Mr. Paulson spoke of the alley, which brings up another problem. When the contractor worked on the lots to the west, he took fill from the alley and now the dirt from his lots washes down into those lots. The contractor took the whole 12' of the alley and used it for fill, He said he stopped iiim. It seemed nobody told him there was an alley. Now he had to fill this area to keep his lots from washing down toward the west. He asked who was going to pay for this? Mayor Kirkham asked Mr. Han7amin if he reported 1t to anyone at City Hall. Mr. Ben7amin said he told Mr. Ankrum, former City Manager, and he came out. The contractor then stopped, but the damage had been done. Councilman L�.ebl asked Mr. Ben�amin if his house sits on two 40 foot lots. , 1��1r. Ben�amin said yes, hxs house is on one lot and his garage on the other. He also has Lots 1 and 2 north of his house and Lots 4 and 5 on the south side. Councilman Liebl said that the developer came in and asked for the utilities to be put in. He asked if the houses built were not nice homes, and an unprovement to his area. Mr. Benjamin said yes, but some of them have problems with the sod because the ground is so sandy. Councilman Liebl asked if Mr. Ben�amin were to sell his lots, would they not be buildable lots. Mr. Ben�amin said yes, they are nice lots, all but Lot 5 are level and have clay and black dirt on them. Councilman Liebl said in regard to his assessments, there was no discrimination, and he was not assessed more than anyone else. He realized it was quite a bit of money, but he does have the option to sell these buildable lots to be developed, Mr. Ben7amin said that figuring $16.38 per foot for water and sewer and another $9.53 per foot for street, how much would it be for two 40 foot lots and could they be sold. She City Assessor said that the assessments for all three would amount to between $2100 and $2200. Councilman L1ebl asked what is the average assessment for 80 feet £or water, sewer and street. The Ci�ty Assessor said it would amount to close to $2500. The Finance Director added that the $9.53 figure for street is still an estimate, the roll has not been finalized yet. MOTION by Councilman Liebl to close the Public Hearing on Sanitary Sewer and Water Improvement Pro7ect #93. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the hearing closed at 8:17 P.M. ' �� 4� �� SPECSAL PUBLIC HEARING MEET2NG OF AUGUST 9� 1971 PAGE 4 � PIIBLSC HEARING ON WATER, 5ANITARY SEWER TiND STORM SEWER PROJECT #105: Mayor Kirkham noted where the improvement was to be and the City Engineer showed the area on the overhead projector. He said this project is to provide water, sanitary sewer and drainage as requested by Burlington Northern. The Engineerzng Department is proceeding with preparing plans. Councilman Liebl asked if this was petitioned for by Burlington Northern, and the City Engineer said that the Czty received a letter requesting the facilities. MOTION by Councilman Liebl to alose the Public Hearing on Sanitary Sewer, Storm Sewer and Water Improvement Pro7ect #1D5. Seconded by Councilman Breider, Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried and the hearing closed at 8:20 P.M. PUBLIC HEARING FOR REZONING REQUEST ZOA #71-03 BY JDHN P. YOUNGDALE (FROM R-3 TO C-2 iN THE NORTHEAST CQRNER OF UNIVERSZTY AVENUE AND OSBORNE ROADJ: aNn RECEIVING PETITION #12-1971 REQUESTING REZONING AND PERMIT TO ALLOW CONSTRUCTION OF A CONVENIENCE CENTER ANA SERVICE STATION BY THE AMERICZiN OIL COMPAIYY: AND � PUBLIC HEARING ON CONSIDERATION OF REQUEST FOR SPECIAL USE PEP,MIT SP #71-03 TO CONSTRUCT A SERVICE STATION IN A C-2 DISTRICT (GENERAL BUSINESS AREA) IN THE NORTHEAST CORNER OF UNIVERS2TY AVENUE AND OSBORNE ROAD: Mayor ICirkham explained the location and the request and the City Engineer showed the location on the overhead pro7ector. He said the Minutes from the Planning Commission Meeting are in the Council Agenda. They are also requesting a special use permit to use basically the westerly � of the pxoperty for a gas sta�ion. They can be considered concurrently by the Council as they are tied together. This riearing was requested by the applicant. Mr. Wyman Smith said he was appearing on behalf of the applicant, Standard Oil. They have been the owners since 1958. In 1957 the zoning was R-1 and there was an applicantion made by the owner to rezone so they could use this location for a service station as they had a buyer. It was rezoned to R-3, which at that time, could be used £or a gas st�on under a special use permit. Standard Oil has made an investment in the City oE Fridley and they $ave owned it since. In 1967 someone else (before Mr. Youngdale) presented a request to Council for a speoial use pesmit. This was sta.11 allowed under the zoning. There was a hearing and some neighbors ob�ected and there were problems with Spring Lake Park and the Highwap Departznent. The last thing mentioned was a suggestion by the Mayor that there could be a publLC hearinq before the Council and that request was needed in writa.ng. Somehow their plans aborted and there was no Purther mention o£ this plan. In 1969 the Ordinance was changed so a gas station was no longer allowed in R-3 with a special use permit. This current appli- , cation was onginally made in March. There was a public hearing before the Planning Commission and a lot of work and discussion has gone into the pro�ect. _ He then presented the plan on the easel, and said that Standard Oil is most anxious to develop a una,que station. They feel it will be the first of this class in the northern suburhs. They feel this is a good plan and a good location. The development is divided into two paxts, the station will be near �� ;�� SPECIAL PUBLIC HEARING MEETING OF AUGUST 9� 1971 PAGE 5 T.H. #47 and further back will be the shops. It is 1.8 acres total. With only , 1.8 acres, it is almost impossible to think in terms of development under R-3, the best you could get would be about 8 units and they would not be deluxe because of the limited space. He said the architectural design will conform to the apartments in Sprinq Lake Park. He said the zoning in Spring Lake Park �rras industrial for the apartments located just north of this parcel, and added there are no letters of ob�ection from them concerning this proposal. There will be no service roads along Osborne Road or T.H. #47. He said he understood there have been some studies made and an Ordinance proposed amending Section 45.101 oE the Code to upgrade the requirements for filling stations. Standard Oil is agreeable to provide whatever the Ordinance requires. They do not intend to have any outside sales, used cars, rental of trailers or anything of this kind. He said he checked with the City Assessor and found that their to'tal real estate taxes will be about $10,000 per year. For the size of that parcel, this is as mnch revenue as the Czty could possibly get. He said there were some neighbors present at the public hearing before the Planning Commission to ob7ect, and some may be here tonight. He said he understood there was a petition presented favoring the Standard Oil proposal and there were three neighbors that were much opposed. One of the reasons for the opposition was the traffic on Osborne Road. With the development of the Clinic and the Hospital, the traffic will probably xncrease. Another objection was concerning lights and interference with single family dwellings. Mr. Youngdale has told him that there is a 6D' strip as an easement along Osborne Roacl that is for a St. Paul waterworks line. They will require a concrete slab covering it and nothing can be built upon rt, Standard Oil will agree to whatever the City may want in that 60' strip. They will also provzde complete screening for ' the neighbors across the street. Their rights and interests must be respected. 5tandard Oil is most anxious to accommodate. In driving by, he noticed the man across the street has built a screen to protect himself from all the traffic. If Standard O�1 put in a screen with txees with some height, the neighbor across the street would be doubly screened. He said the Council must think in terms of use o£ this property, and it should be put to some practical use, He said he was not sure an 8 unit apartment building would best serve the community or the neighbors. Standard Oil recognized Fxidley is a nice place to locate and are convinced this Is what they want to do. He said they tell him this would be one of the nicest buildings in the northern suburbs. Mr. R.L. L.rnst is present tonight and his interest is in the convenience center on the east sa.de. Mayor Kirkham asked Mr. Ernst what his plans were for the convenience center. Mr. Ernst said it would be 4,070 square feet and would have such things as a food shop, barber shop, dry cleaners etc. Councilman Liebl asked if the qualrty would compare with the convenience store on Mississippi Street and Central Avenue. Mr. Ernst said it would be higher quality because of the rapid improvement in building materials and construction techniques. Council- man Liebl asked if he owned the property and Mr. Ernst said Standard Oil owns the property and he would buy from them. Councilman Liebl asked what were the taxes on this pareel. Mr. Ernst said he had checked and found that the ta�ces were $624 per year. Councilman Laebl did not feel an eight unit apartment building on that corner would be a good thing for Fridley, and added he thought , it would be a hazard. There is a waterworks line to consider. He said he would be in favor of the proposal if it was the same or higher quality as the shop by Sandee's, and he felt this would be an asset. He said he would want adequate setlaacks and would not want tlus is cause tra£fic congestion_ If there was enouqh screening for the property owners to the south, he thought this could wark out. J I� � SPECIAL PUBLIC AEARING MEETING OF AUGUST 9, 1971 PAGE 6 � Councilman Kelshaw asked if they would be building their buildings exactly as the plan shows on the easel and Mr. Ernst said yes, both the gas staiion and the commercial strip would be identical to what is shown. He added the traffic would not be going out onto University Avenue. Councilman Kelshaw asked if there would ever be loopbacks. The City Engineer said that there will not be a serv�.ce road along T.H. #47, so there is no need of loopbacks. Councilman Harris said Mr. Smith referred to an 8 unit apartment building and asked if that is an engineering figure of �ust an assumption. Mr. Smith said that was 7ust a guess. Councilman Harris said the Code allows 17 per acre. Mr. Smith poa.nted out thex'e would be problems with setbacks and it is a triangular piece of pxoperty and would be hard to work with. Councilman Bxeidez asked how many feet back from University Avenue the approach would be, The Crty Engineer said they do not have the detailed plans yet, but if the Council permits the rezoning, the requirement in the Code would be 75 feet from the intersection right of way line. If this parcel is rezoned, there would have to be some work done on the traffic configuration. Councilman Kelshaw asked what Was the total construction cost. Mr. Ernst said the convena.ence center would be about $100,000 and Mr. Youngdale said the station would also be about $100,000, for a total of close to $200,000. Mr. Ralph Lynn, 7599 Univessity Avenue N.E., said he lives directly across � Osborne Road and his reason for objecting to the filling station is covered in the Planning Commission Minutes� but is basically the fact that no matter how well this is landscaped, it would still be a detriment to his home. He said he has lived there for 20 years. He said he understood from the Planning Commission thexe was a study carried on concexning the traffic at University Avenue and Osborne and also one on whether a third station could exist at this intersection. He thought someone at City Hall was making a study on the whole gas station policy. The City Engineer said tha� the studies were brouqht to Council and an Ordinance was passed upgrading the requiXements £or special use permits especially for gas station. This Ordinance is now on the books. Mr. Lynn asked if the study did not concern how many gas stata.ons there could be in any one location. The City Engineer said the study did include how many stations there are in the City of Fridley, but the City does not have the power to dictate locations. The City cannot tell Standard Oil they have one station in Fridley, so they cannot have another. Mr. Lynn said he got the difinite impression that the Council would not issue a permit if it looked like �here would be three stations on one intersection, and one would probably go out of business. The City Engineer said the City does not have that power. Mr. Lynn asked the results o£ the txa£fic s�udy. The City Engineer said they do have the results and if there is going to be a gas station on this corner, then certainly there will have to be improvements to the intersection. The City should require the intersection to be widened and an additional turning lane put in. Tha.s corner is not big enought to handle the additlonal traffic. , Councilman Liebl said the Counc�.l must oonsider this proposal both from the aesthetic standpoint and also on the basis of the tax potential. Mr. Lynn said he would hate to sacrifice some value on his home, but he must consider the overall picture of Fridley. There would be high taxes derived from this � r3 1 ,�e)l� SPECIAL PUBLIC HEARSNG MEETING OE AUGUST 9, 1971 pAGE 7 corner. He said with two gas stations already on the corner, he would predict � that one would go out of business. Mayor Kirkhaic� asked if anyone contacted the church, they we.re in opposition when this last came up. Mr. Ernst said he spoke to the pastor before the Planning Commission Meeting and he was not opposed to the commercial rezoning, he felt there was a need for this type of service, but he was opposed to the gas station. Councilman Breider asked if the one request was contingent upon the other and Mr. Youngdale said yes, they were both one entity. Councilman Liebl asked if the petition received was signed by property owners. The City Engineer said yes, they were the property owners. Mr. Lynn poYnted out that they are reaZly not ad7acent property owners, but are one tzer back. Councilman Breider asked Mr. Lynn if he ob7ected to the total development, or �ust the gas station. Mr. Lynn said the service center would not be too bad because it is further back from his property and the lights would not shine a.nto his home. Mrs. Helen Treuenfels said in the last few weeks there was a request fo� a special use permit by Skelly Oil that was turned down by the Council. The people involved have said they are going to take it to court. The locations are really not that far apart. If the Council grants this rezoning and special use permit, could not the Skelly people use that to get the Council to change � thezr minds? Mayor xsrkham said poss�bly, but he was not sure the circumstances were the same. Mr. Lynn commented that there were 12 filling stations within 3/4 mile. MOTION by Councilman Harris to close the Public Hearing on the rezoning request ZOA #71-03 and the special use permit request SP #71-03, American Oil Company. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried and the hearing closed at 8:50 P.M. PUBLIC HEAItING ON LIQUOR LTCENSE TO GEORGE KANAVOS, WILLIAM A NICKLOW AND �AMES A. NICKLOW FOR 6161 HIGHWAY #65: Mr. Connie Rallis said he brought the check with him for the liquor license and presented it to the Finance Director. The clzeck is a.n the amount of $2,666.66. He said he had the prelima.nary plans for the addition to Sharewood and presented them at the Council table. This is for an additlon to the existing building, and it leaves the off-sale up to the City whether they want to stay, or if they want to discuss the Gibson property, he would be glad to. With either location they would not be gettzng away from the same general location. MOTION by Councilman Kelshaw to receive the check signed by William A. Nicklow for the lzquor license in the amount of $2,666.66. Seconded by Councilman Liebl. Councilman Breider asked if the check should be rece�aed before the license is granted. The Finance Director said the City insists on the check before , processing the application, The City Manager asked whentl� license is effective. He has heard the date of September lst, but at this point it did not look like the switch-over would be that soon. Mr. Rallis said they hoped to start breaking ground before that date, if they can go right ahead. For the lounge IFTCf SPECIAL PUBLIC HEARING MEETING OF AUGUST 9, 1971 PAGE 8 , at 3710 Sast River Road the applioation was made in March and since then they have been detained. He could see no reason why they should be held back. Councilman Liebl asked if they have given the City Engineer everything they were supposed to. They were told by Councilmara Harris to work with �the City Engineer. He asked if he has brought in the landscaping plans. Mr. Rallis said he had done this, and they are willing to follow the Health Inspector requirements. He felt they had complied with everything the City has required of them, and now the legal department can draw up the final papers. The City Engineer said his department xeceived the complete plans last week, and they should be able to issue a pezmit by Wednesday. The Health Inspectos also checks the plans before the pexmit is issued. THE VOTE upon the motion to receive the check, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Councilman Liebl asked if the Council would like to discuss the preliminary plans. Mr. Rallis saad the addition would be to the kitchen and would be 17.6' X 50.2'. He added he would be willing to work on the off-sale plans as long as the City wants to. Counci]man Harris asked how soon they could start construction. Mr. Rallis said as �on as they can get these plans through the City offices. Councilman Harris said he noticed there were no plumbing or electrical plans. Mr. Rallis said they were still coming. Councilman Harris asked if they would like approval of the preliminary plans. Mr. Rallis said yes, then they will come back wrth the detailed plans. Councilman Harris said, � recognizing these are preliminary plans, that he can see no ob�ection to the plans as presented. The final plans still have to be submiY.ted to Council, but �he Counoil could take act�on by approving the prela.minary plans, i£ this would be a help. He suggested perhaps a foundation permit could be issued so they could start work while drawing up the final plans. Councilman Kelshaw pointed out this is not on the Agenda, so a mota.on is in order. MOTION by Councilman Kelshaw to waive notification and place consideration of approval of the preliminary plans £or Shorewood on the Agenda. Seconded by Councilman Harris. Upon a voice vote, all ayes, Mayor Kirkham declared the motion caxried unanimously. The City Engineer said, as to granting a foundation pexmit, it is very difficult to approve sometha.ng, then find that it does not fit. Problems in one area of constructa.on affect other areas. They have been told what they shou].d bring in and if they brought the plans in they could be approved in one week. They should have a plot plan and plans showing landscaping, parking etc. By State law before a pexmit is issued on an investment over $30,000 there mu5t be final plans. MOTION by Councilman Harris to appxove the pxeluninary plans for the addition to Shorewood at 6161 Highway #65. Seconded by Councilman Kelsl�aw. The Ca.ty Attorney said the Council will be meeting August 16th and also the 30th. � He did not think it would be too much of a problem to qet the plans done and through the City offices be£ore then so the Council could see them. He said he agreed wit: the City Engineer about allowing construction to start before the final plans are ready, especially on property still owned by the City. Mr. Rallis can expedite matters by getting the plans into the City, and he did not %,M1� SPECIAL PUBLIC HEARING MEETING OF AUGUST 9, 1971 PAGE 4 think the City would hold them up. Councilman Harris asked if they could be � done with the plans by the 30th and Mr. Rallis said yes, if they get approval of the function, general aesthetics and general structure as presented in the preliminary plans. THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Councilman Liebl asked if the City was in a position to grant a foundation permit for 3710 East River Road. The City Engineer said they still needed additional information in regard to kitchen equipment, but if the Council teels this would ezcpedite things, they could do this. It was again pointed out that this is not on the Agenda and notification would have to be waived. MOTION by Councilman Liebl to waive notification and place conslderation of a foundation permrt for 3710 East River Road on the Agenda. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kixkham declared the motion carried unanimously. MOTION by Councilman Liebl to grant a£oundation permit for 3710 East Rive� Road sub7ect to the stipulations of the City Engineer and the Health Inspector. Seconded by Councilman Harris_ Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Councilman Harris told Mr. Rallis the final plans for Shorewood would be on the � Agenda foz August 30th. The City Attorney added that the Ordinance Eor the sale of Shorewood should also be on the Agenda. KESOLUTION #95-1971 - CONFIRMING ASSESSMENT FOR SANITARY 5EWER AND WATER IMPROVE- MENT PROJECT #93: MOTION by Councilman Harris to adopt Resolution #95-1971. Seconded by Councilman Breider. Upon a voice vote, aII ayes, Mayor Kirkham declared the motion carried nr,animously. RESOLUTION #96-1971 - ORDERING IMPROVEMENT AND F.CNAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: SANITARY SEWER, WATERMAIN AND STORM SEWER PROJECT #105: MOTION by Councilman Lieb1 to adopt Resolution #96-1971. Seconded by Counci]man Harris. Upon a voice vote, a.Il voting aye, Mayor Kirkham declared fhe mo�Cion carried unammously. RESOLUTION #97-1971 - APPROVING PL�ANS AND ORDERING ADVERTISEMENT FOR BIDS: SANITARY SEWER, WATERMAIN9 AND STORM 5EWER PROJECT #105: MOTION by Councilman I3arris to adopt ResoluLion #97-1971. 5econded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. l� `�fJG) SPECIAL PUBLIC HEHRING MEETING OP AUGUST 9, 1971 PAGE 10 � RESOLUTION #98-1971 - MAKING A TRANSFER FROM THE PUBLIC UTILITY FUND TO W-75 WATERWORK5 IMPROVEMENT BOND FUND, WATERWORKS BONDS OF 1970 FUND, IMPROVEMENT BONDS OF 1960 FUND� SMPROVEMENT BONDS OF 19b3 FUND, 2MPROVEMENT BONDS OF 1970 FiTND, AND REFUNDING BOND FUND: MOTION by Councilman Harris to adopt Resolution #98-1971. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayos Kixkham declaxed the motion carried unanimously. RESOLUTION #99-1971 - DIRECTING PREPARAT2ON OF FINAL ASSESSMENT ROLL FOR IMPROVEMENT PRO�ECT 1971 SERVICE CONNECTION5: MOTION by Councilman Liebl to adopt Resolution #99-1971. Seconded by Councilman Harris. Upon a voice voke, all Voting aye, Nlayor Kirkham declased the motion carried unanimously. RESOLUTION #100-1971 - DIRECTIY3G PUBLICATIOIQ OF HEARING ON PROPOSED ASSESSMENT ROI�L FOR 1971 SERVICE CONNECTIONS: MOTION by Councilman Harris to adopt Resolution #100-1971. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. SETTING A DATE FOR THE PRIMARY ELEC`PION: The Finance Director said the General Election is November 2, 1971. The Primary Election has to be a minimum of 30 days and a maximum of 60 days before the General Election. MOTION by Councilman Kel5haw to set the Primary Election for September 28, 1971. Seconded by Councilman Liebl. Councilman Breider said that he hoped that whatever happens with the redistncting would not affect this electa,on. The City Attorney said the State Statutes stipulate that xedistxicting has to be done 90 days before a Prunary Election. THE VOTE upon the motion, being a voice vote, all votxng aye, Mayor Kirkham declared the motion carried unanimously. REQUEST SY COUNCILMAN KELSHAW TD TABLE CONSIDERATION OF SECOND READING OF ORDINANCE ZIMENDING CHAPTERS 1.02 AND 1.03 OF THE CITY CODE RELATING TO WAR1'� AND PRECINCT HOUNDARIES WIT�iTIiE CITY EROM THE REGULAR COUNCIL MEETING OF AUGUST 16, 1971 TO THE REGULAR COUNCIL MEETING OF AUGUST 30, 1971. Councilman Kelshaw explained that he had to be out of town that weak and he would appreciate tabling this �tem to the 30th. MOTION by Councilman Liebl to table the second reading of the Ordiance for ward redistricting to the Regular Counczl Meeting of August 30, 1971. Seconded by � Counca.lman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. [1 (1A 4/ �� `� m .� x H f 7 0 H � � 0 u *� *x SPECIAL PUBLIC HEARING MEETING OF AUGIIST 9, 1971 CLAIMS: PAGE 11 The Fanance Director said he would like to submit the following cla.ims for payment approval, This is for the refund of REC charges, In these cases the contractors felt they were entitled to the money and went to Court. The City Attorney added that the original checks were made out to the property owner and the contractor �ointly. The Court decision was that the contractors were entitled to the money, so the old checks should be cancelled and new ones written with only ti�.e contractor's name on them, Sam Templin, Contractor 64 .Rice Creek Way (vernon Bartels, xomeowner) 33 66� Way {JOhn Mayer, Homeowner) Smith and Anderson, Contractor 5761 7th 5treet N.E. (Katherine Holmstrom, Homeowner) 5771 7th Street N.E. (Mary Flor, Homeowner} 4591 2g Street N.E. (Donald Kopecky, Homeowner) $100.00 $100.00 $100.00 $100.00 $100.00 $200.00 $300.00 $500.00 MOSION by Councilman Relshaw to approve zssuance o£ new checks to the contractors as submitted, upon the return of the checks to the City that were issued �ointly. Seconded by Councilman Liebl. Upon a voiae vote, all voting aye, Mayor Kirkham declared the motion carried unarimously. ADJOURNMENT: There being no further business, Mayor I:irkham declared the Special Public Aearing Meeting of August 9, 1971 adjourned at 9:25 P.C4. Respectfully submitted, �,��%«J'r/:"��,��- � 4 � 'k,L��.���L�% ��.z I���.._ Juel Mercer �Jack O. KiYkham Secretary fa the City Council �% Mayor MOTION by Councilman Harris to approve the lifting of the No Parkinq restrictions on 61st Avenue for the State Softball Tournament as requested by the Parks and Recreation Director in his memo dated August 9, 1971. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, the motion carried unanimously. � , �