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10/08/1962 - 00023507� � � COUNCIL MIN[TTFS - SPECIAL MEETING - OCPOBER 8� 1962 A speCial meeting of the City Council was called to order by Mayor Greig at 8:00 P.M. ROLL CALL: Members present: Greig� Johanson, Sheridan, Nee, Wolke (arrived 9:10 P,M.) Membera absent: None PUBLIC HEARING - ASS3�SSMENT ROLL - STREETS 1961-1L 2. & 3: The City Clerk described the area to be assessed on the map. 1�s, Dixon, 688 Highway /�7-00 was present and stated that with reference to Cheri Lane� 7th Street to Monroe� he had asked the City N�gineer in April i£ the Contractor was �hrough with the street job� and he was told that they were not through� and that they voul@ clean up the mess before they did £inish. He stated that triey had dumped a lot of dirt on his lot and had not cleened it up� and the water is running on his property� and would like to have some sort of a letter oF af£irnetion that this will be taken care of. Mrs. Nick Cherchenko� 632 - Highway #1G0 esked if the Contractor does not replece the boulevard when it is torn up a�ain. She stated that they had piles of dirt behind the boulevt�xd� but they had to level it off and put the grass in themselves. The City Manager stated that normally in a street job, it is back£illed ifi back. of the curb, but it is not sodded. Mra. William Hsrtos, 54E - Highway #100 asked if there was not supposed to be some sort o£ an apron where the street surfacing stops to Beep it fY�om washing out. The City Manager stated that he hoped that 7th Street could be paved in the next year or so� and thie would take care of it. Norman Anderson� 7340 East River Road� asked what the cost was for each property owner. It was explained that the coat of tha project for the people in his area would be �3.8'7 a foot, Mr. Wyman Smith asked how the City Park property in the Oak Creek Addition was trested. It was explained that the lots were trcated just as if they had been privately owhed. N,rs. Dixon asked if this was the total assessment. It aas etated that it was. The property owner at 6281 - 6th Street was present� and atated that he had received a letter stating that thay would be assessed, and stated that when he bought the property� his contract said that he would not have to pay for the street� and that it would be paid by the Contractor, It wss explained that tF�e assessment is placed againat the property even though there me,y be money in escrow� and the eecrow money would be appliad again3t it� if trere were eacrow money. There was no one else present to speak for or against the adoption of the assessment roll for Project 1961-1 Streets. The Mayor declared the hearing closed on this portion of the street project. Street Surfaeine 1961-2: The area was outlined on the map. Thero was no one present to speak for or against the adoption o£ this portion of the aasessment roll for Project 1961-2 Streets. The Mayor declared the hearing eloaed. Street Surfacin¢ 1961-3: Th�re was no one present to speak for or againat this nortion of the assessment roll For Project 1961-3 Streets. The Mayor declared the hearing closed. The Mayor declared'the hearing closed on all portions (1� 2� & 3) of Street Project 1961, PDBI_IC HEARING - ASSESSMENT ROLI, - STREET AN➢ STORM SEWER PROJECT #4 : Mr, Knutson of Comstock and Davis, Inc, explained and outlined the area on the map to be asseased £or the project and the location of the drain- age lines. He stated that the outlet ie to a low ponding erea south o£ the Marian Hills Addition� and ther��t�,�l be conduit needed in the flxture to take care of thia. It would be a jo`�t�'project between the City of Columbia Heights, the Highway Department, and the City of F`ridley. Mr. Sohnson, 1349 Skywood Lane was present and asked i£ someone would outline the street portion of the proiect� This was done, A question wes asYed about what parts of the property were being assessed under the 19� Program� and what portions were being assessed under the Storm Sewer and Street Project #43. One resident stated that a year ago when this 47 � �� came up� he wes inclitded in Street and Storm Sewer Project #43. ��'• Kohlan� City Attornep� explained that the assessment cost is normally spread 100� against benefitted propert,y, although it is possible in aome cases� where the City may absorb a portion of the cost, Mr. Kohlan explained the basic types of atorm aewer projec�a that could go in. (1) To drain the low land or otholes� (2) A system to drain sur£ace water o£f thc streets� and (3� A combination oP the aforementioned'items #1 and #2. Mr. Mike 0'Bannon asked if and when the additiona] conduit is put in� if it would be a�oint participation, or joint projection between the City o£ Columbia Heighta� the Highway Department� and the City of Fridley. Mr. Knutson stated that it would be, Mr. 0'�nnon asked what the cost breakdown would be. Mr. Knutsom stated that he would not be ablc to give the br�akdown as to uhat portion of the cost each of the Cities and the State would be responsible for. Mr. 0'Bannon saked if it would be based on the area. Mr. Knutson e tated that it would be. A question Was asked on who maintains the "no man'e land'� between Fillmore and Highwav �100� The City Manager stated thst the Aighway Depart�nt did not want the City to do any street eurfacing work on Fillmore Juat o£f�of Highway #100, and that is why it has not been done. Mr. Ed Berg, 5353 Fillmore� questioned the difference in the cost between Storm Sewer Project �43� and the Storm Sewer portion of the 1960 Street Project. He stated that for the amount of work doAe� the cost seemed excessive for the 19b0 Street Project. Mr. Knutson stated that the pipe diameter in the 1g60 Street Project is larger, and there are manholes and cateh basins put in. He stated that there are approximately 1�245 feet'of pipe put in in the 1960 Street Project. One of the res�denta stated that on a topographicsl survey there are £our lots east of Skywaod Lane where the water flows to the e�st. It was etated that there is no storm sewer in Innabruck Addition, next to Skywood Lane. Mr. Knutson stated that there have been catch basins installed in the Innsbruck Addition, bu t they are blocked out� and are not in use. The question was asked what are the comparisons of Project i{43 and 19b0 Street Storm Sewer Project. A question was asked about who was responsible for re- pair of the streets. The hearing was continued until later in the meeting on Project #43. PIIBLIC HEARIHG - STORM SEUfc^,R PORTION OF 1960 STREET PROJECT: One of the residents atated that no one i� trying to get out of paying their fair share of the assessment� but wanted to know what 196�-1 5trmets included. The City Nlanager stated that the street portion of the project was assessed a year ago� and only the storm sewer portion was left out. A question was asked as to when the storm sewer portion was advertised £or a hearing, He stated that he could find no evidence af e hearing. Mr. Kohlan stated that these procedural matters could be corrected bp the Council. It is a question of what are the benafits� snd stated that the starm sewer could be put in if it was part of the stree� pro- gram or incidental to it. Mr. Mewhorter� 1930 5kywood Iane� stated that the storm sewer should be paid for by the General �nd. A resident at 1344 Skgwood Lane stated that when the City puts an assessment against him in the amount of �400.00� he has the right to lmow what the mone,y ia spent £or. He stated that he had monr.y in escraw for the street surfacing� but he was told by the City that this could not be applied against the storm sewer, and he felt that it should be� as it was his money.` Mr. Mewhorter stated that after the re�ident bought the house� Swanetrom and Compsny paid the assessments. The residents stated that the base house price was increased after Swanstrom found out that he wou�d have to paq �600.00 for street surfacing. Mr, Kohlan atated that if �roper claim is made to the City, the City would then act on this claim. Mr, wolke arrived at 9:10 P.M. One o£ the residents stated that at the time of closing o£ his deal on the house� the attorney got a reading of the assessments� and the builder then was r�quired to give the City a check� but he had given the builder the money in the £irst case. He stated that the money that is left should be applied to the Storm Sewer, One of the residents stated that the ` drainage district has r,h�+nged� and tha drainage map does not show the actual way the water draina. Lots 6 through 10, Block 1� Swan§trom's Addition and in particular Lot 6� Block 1� only 1/� of the lot drains � � 1 �� onto 53� Avenue� and he is down £or the i1i11 assessment, He stated that iP the Council would �nxarantee him that he xould not be assessed again� he would be happy to go along with this. Mr. Sheridan stated that basically the storm sewer district would be different if it was considered to be a part o£ the street� rather than strictly storm sewer. Mr, Itohlan stated that it appears more equitable to tnainta3n ihe ariginal allocation of the costs� but it appears to be a legislative determination. Mr. Nee asked what uould happtn if additional work were done in the ar�a. Mr. Sheridan atated that additional assessments would have to be made on ihe area. It was stated that there are three different alternatives� � as there have been three different district boundary maps made. Mr. Nee stated that he thought the storm sewer should be charged o�f on the street assesament. Mr. Berg atated that the people in the srea were ta have a private meating� and want thia hearing and the adoption of this roll delayed until auch meeting could be held. 'I'here was further dis- cussion on the storm sewer� Motion by Sheridan to continue th3s hearing until Octob�r 10� 1962 at 9:40 P.M, on Street Surfacing and Storm Sewer Project #43� and the Storm Sewer Portion of the 19b� Street Project. Sec�nded by Idee. Upon a voice vote� there being no nays, the motion carried unanimously, PUBLIC HEARING - ASSESSMFS7T ROLI� - SW 8- A B, & C: iCONTINUFD FROM 10 1 62 : There was no one present either for or against the adoption of the assessment roll for SW#48 - A, B� & C. The Mayor declared the hearing closed. PIIBLIC fI�ARING - FINAL PLAT - WORREL ADDITION: The City Ehgineer explained the location of the plat� and the streets� ete. Motion b�� Wolke to accept this as the final plat of Worrel Addition� and nuthorize the Gity Clerk and the Mayor to sign same. Seconded by Johanao�. Upon a voice vote, there being no nays� the motion carried unanimously, � PUBLIC HEARING ON MILL LEVY IN EXCESS OF 30 MILLS: The City Mar�ager read the no�ice o£ hearing. There was no one present for or against the adoption of this levy. The Mayor declared the hearing closed. HUILDING PERMIT APPLICATION BY FALK CONSTRUCTION COMPANY FOR A�,fARF,H0U5E AT 5900 MAIN STREFT NORTFIEAST: There was a discussion as to whether or not this should go to the Huilding Soard. Mr, Johanson stated that the Building Board meets at 7:30 P.M, on Wednasday. It wea stated that the e�timated coat of the building would be �75�000,00. There was no action taken on this by the �ouncil, �ESOLUTION N0. 165-1962 CONFIRMING ASSESSMENT FOR STREET 1961-1.2. : One of the reeidents from Edgewater Gardens was present and stated that he was not objecting to the street assesament� but that Mr. Hohn had not paid the assessments in the Edgewater Gardens Addition} as he had stated that he would, and the people are getting tired of waiting, and he wants to sell his house within four months� and will have to get this cleared up in the meant3me. The City Clerk suggested that somcthing would have to be done so that Mr, Hohn would have to pay these assessments up� as the present arrargement ia not working� perhaps building would have to � be stopped pntil such time as it is cleared up. Motion by Nee to adopt the above reaolution. Seconded by Jo�nson, Upon a voice vote, there being no nays, the motion carried unanimously. These two items were de£erred. No action taken by the Council. Motion by Johanson to adopt the above resolution. Ser,onded by Nee. Upon 5n a voice vnte� there being no nays� the motion carried unanimously. BOARD OF APPEALS MINUTT�'�S - S�,PTEMBER 26. 1962: Moti�n by Sheridan to receive the minutes and place them on file. Seconded by Nee. Upon a voice vote� there being no nays� the motian carri�d unanimously. BDARIJ OF APPEALS MINUTES - OCTOBER 3. 1962: � The Board o£ Appeals had recommended that the variance pe granted with the condition that the front line of the addition not be closer than 3 feet to the side property line� and that the side yard at the rear ]ine o£ the addition bc not lees than 2 feet 6 inches in wid+h. Mr. Wolke stated that thare should be something done to establish the elevations on the buil3ings when the building permit is taken out, He stated that in St. Anthony this is donc. He stated that the City should determine. where the building would sit on the lot� and also� should aet the minimum and s maximum grade for the building. This should be done by the Etrgin- eering ➢epartment in each case in which a building permit is issued. Motion by dohanson to concur in the recommendation of the Board of Appeals� and grant the variance. Seconded by Nee, Upon a voice vote� there being no na,ys} the motion carried unanimously. SEOOND REAnING OF DRDINANCE N0. 218 ADOPTING 1963 BUDG�T� Motion by b!olke to accept this as the seeond reading of the above ordinance� and to have it publish�d. Seconded by Nee. Upon a voice vot�, there beir�g no nays� the motion carried unanimously, L.�I.Vli�I�) Vl' V1L11L11:�1L Lll`I31V� ' Motion bV Nee to adopt the above resolutioa. Seconded Uy Wolke. Upon a voicc vote, there being no nays, the motion carried unanimously. RESOLUTION ND. 168-1�62 CERTIFYING TA% LEVY TO THF, COi1NTY pF ANOKA; Motion by Johanson to adopt the above resolution. Seconded bq Sheridan. Upon a voice votc� there being no nays� the motion carried unanimonalg, CAN4ASS DF PRIMARY ELECTION VO'fES: Motion by Nee to adopt the statement of canvasa as prasented in the . October S, 1962 agenda. Scconded by Wolke. Upon a voiee vote, there� - being nn nays� the motion carried unanimously. Mr, Wolke stated that he would likc to have the County inform the City Council be£ore they designate any street in Fridley as a County Roed� so that there may ba an opportunity for a public hearing on the mattar. RESOLIITION N0, 169-1962 INFORMING THL CITY COUNCIL Oi' DE.SIGNATION OF COUNTY ROADS BY THE COUNTY OF ANOKA IN THE CITY OF FRIDLEY: Motion b,y Wolke to adopt the rtsolution asking the County Board to in- form the City Council 4� tine City of Fridley be£ore any action ia taken designating any City atreet as a County road within the City o£ F4�i31ey. � Seconded by Nee. Upon a voice vote� there being no nays� the motion carried unanimousl,y. APPOINTMENTS TO BOARD OF APPEALS; Mr. Nee suggested that Don Wegler be appointed to replace Ing Siverts on the Board of Appeals. Motion by Nee to appoint Don Wegler to the Board of Appeals. Seconded b,y Johanson. Upon a voic�e vote� there being no nays� the motion carried unan5mousl,y. Mr. Wolke stated that there are_ta couple of people that he would like to talk to before any other vacanc,V is filled. � � � Motion by Nee to adopt the above reso�.ution. Seconded by dohanson, Upon a voice vote� there being ao nays� the mbtion carried unanimously, Motion by Sheridan to adopt the above resolution. Seconded by Nee. Upoh n voice votea there being no nays� the motion carried unanimouslq. FIRST RFA�ING QF QRDINANCE VACATING EASEMENT — SYLVAN HILLS PLAT ��, The City Manager read the ordinance. Motion by Sheridan to accept thia as the first reading of the above ordinance. Seconded by Nee. Upon a vaice vote� there being no nays� the motion carried unan3mously. CONSIDERATION OF AUTOMATIC BAR EpUIPMENT: Mr. Bob McGuire, Liquor Store Manager, explained the two proposals which had been made for automatic dispensing equi�ent. There ware represent— atives from both dispensing companies preaent and they presented samples of their equipment� and gave estimated costs. Mr, Wolke suggested that bids be taken. He also atated that he would like to see larger shot size and more control of it. Mr. Wolke stated that he thought that they were talking ahout equipment for both stores. Mr, McGuire stated that it was his understanding that they crere tal�ing about installing equipment in the #2 store onl,y, The City Maaager stated that he and Mr. McGuire could check into this� and give the Covncil all of thc information they need on the two alternates, one £or both stores, and one for juat Store #2. The Ma,yor suggested that this be set up this wey� that quotations be received on both bases, and that this matter be reconsidered at the meeting at 9 P.?". on October 10, 19b2. VISITORS• STORM SEWER ON b3RD AND bEH STR�,"ET NORTH"r.AST: Dne of the residents f'rom the corner of 63rd and 6th Street Northeast was present and state? that the s�orm sewer Water wsshea over the street and deposits large amounts o£ sand on tha street in fiont o£ his groperty� and all of the other property along the streets, The water drains into the louer area to the north o£ him� and there is no outlet £or the storm sewer, there is no stc�rm se'�er in, atid asked if there was going to bc one installed� and what would be done about the deposits of sand in the street. He stated that the street has to be cleaned. There has been a largc hole there� and just some sand has been put in it, and this just washes out again. APPEAL OF MINNESOTA AND ONTARIO PAPER COMPANY — STORM SE'WER PROTECT #24; Motion b,y Wolkd to rece3ve the notice of appeal o£ Minnesota and Ontario Paper Company on their asse�sment. Seconded by Johansan. Upon a voice vote, there being no nays, the motion carri�d unanimously. CLAIMS AGAINST CITY; Motion bq Johanson to receive thie claim. Seconded by Wolke. Upon a voice vote, there being no nays, the motion carried unanimousl,y! Motion by Wolke ta receive the letter and place it on file, Seconded by Nee. Upon a voice vote, there being no nays� the motion carried unanimously, LABOR GRIEVANCE �ADNSTMENT PANEI. REPORT): Motion by Wolke to receive the Adjustment Panel Report as noted above, Seconded b,y Nee. IIpon a voica vote, there being no na,ys� the motion carried unanimouslp, r��. _ �� ASSESSMINTS ON STORM SEWER PROSECT N0. 52: The Cit,y Clerk noted that there were two assessment maps prepared for Project #52. Dne included four lots in Pearson's Craigway Addition, and one did not. The Council stated that i£ the lots in Pearson's Craigway Addition were within the drainage district� they should be included. WATER AND SEWER ON 63RD AVENUE: Mr. Knutson stated that the plan was to loop the line from 63rd Avenue north to 6Qth Avenue and tie into this ]ine� but that properties between 63rd and 6�th were served by a private 2 inch line on the rear of their propertys and wondered if the Council would still want to go ahead with this plan. He stated t!�at the bid date is next Mbndsyy October 15� 1962. Mr, Johanson stated that he would hate,to have water go in if the people did not want it in the stores, and wondered if somethie� could not be determined as to whether or not they did want it. There wea no motion on this matter. Motion by Sheridan to adopt the above resolution. Seconded by Nee. Upott a voice vote, th�re being no nays, the motion carried unanimoualy. ADJOiJR.NMENT• '�!'here bcing no flu�ther business, Mayor Greig dedlared the meeting adjourned. Respectflzlly submitted: Marvih C� B sC1el1 Secretary to the Council � �.�, .� M Ay+R — '��. E. Greig SPECIAL COUNCIL MEETING MINIITP'S. — OCTOBER 10, 1962 A special meeting of the City Council was called to order by Mayor Greig at 9:10 P.M. ROLL CALL• Membera present: Mem6ers absent; Greig� Sheridan� Nee Wolkea Johanson PIIBLIC HEARING — 1960-1 STREET AND STREET AND STORM SEWER PROJF,CT #43: The four alternate me�hoda of distributing the cost of the atorm drainage portion of the 1960-1 Street Program were pointed out. Mr, Don Bolin� 1344 Skywood Lane, said that aince the atorm sewer was put in without a separate hearing, he thaught the project should be lumped together with the strect assessment rether than two separate assessments. Mr. Ray Sherid�n atated that the street could not have been put in without the storm sewer work� and therefore� he felt they should be considerad ae one. Mr. LeVandcr, Attorney representing Swanstrom Company� 934 Midland Bank Building, was present and stated that since the original notice did not mention the storm sewer� it would not be a valid hearing� and there was no actual hearing held on the storm sewer. He stated that hia elient would be adver3ly af£eeted by lurap�mg� together the storm drainage and the street portion o£ the project� and he does not want his client to be � � ,