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10/15/1962 - 00023488� � ' the resolution confirming the assessment roil as shown on Map #2 for Projcct SS&ST.#43. Seconded by Sheridan. Upon a voice votea there being no nays� the motion carried unanimously. RFSOLUTION NO 174-1962 CONFIRMING ASSESSMENT �OR ST, 1960-1: Motion by Sheridan to adopt the assessment ro11 for 19b0-1 Strest Sur°acing Project. Seconded bq Nee. Upon e voice vote, trere being no nays� the motion carried unanimously. ADJOURNMFNT: There bein� no flix'ther business� the Mayor declared the meeting adjovrned. Respectilxlly eubmitted: I+I�rvih Ca B nsel�l �� Secretary to the Council i?Y� _ T. E. Greig, COUNCIL MINUTES - OCTOBER 15� 1962 A regular meeting of the City Council was called to order by Acting Mayor Nee at 8:15 P.M. HOLL GALL: Members present: Nee� Johanson� 4'olke� Greig (arrived 10:50 P,M.) Mem6ers absent: Sheridan APPROVAL OF MINUTES; Motion by Johanson to approve the minutes of the October 1� 1962 regular meeting as received. Seconded by Wolke. Upon a voice vote� there being no nays� the motion carried unanimous]y. Motion bq k�olke to approve the minutes of the October S� 1962 special meeting as received. Seconded by Johanson, Upon a voice vote� there being no nays, the motion carried unanimously. Motion by Johanson to approve the miputes of the October 10� 1962 special meeting as received. Seconded by Wolke. Upon a voice vote� there bming no nays, the motion carried unanimous]y. QLD BUSINESS: SFCOND Rr^,ADING OF ORDINANCE 219 VACATING EASII�;NT - SYLVAN HILLS PLAT �5: The above ordinance was read by thc City Clerk. Motion by Wolke to accept this as the second reading o£ the above ordinance and to have it publiahed. Seconded by Johanson. Upon a voice vote� there being no nays� the motion carried unanimously. STATE YK�] Mr. Graydon Boeck ti�om the Minnesota State Highway Denartment was present and stated that the City Manager had sent a letter to the 9ighway Departmcnt on September 10� and this was enswered on September 12th� relative to the storm sewer on T,H. //47 and T.H, #100. Mr. Boeck stated that it seemed �� v��_� i6 that the Highway Department and the City were pretty well in agreement, and it would seem that the next step should be to have the agreement drawn up and presented to the City Council. Motion by Johanson to request the State Highway Department to draw up the agreement for the storm sewer project in the vicinity of T,H. #47 and T.H. �100� as mentioned in the report of Comstock and Davis� Inc.� Consulting �gineers� dated Septembar 25� 19b2, and along the lines as outlined in this report. Seconded by Wolke. Upon a voice vote' there being no naysy the motion carried tananimously. NE[�� BUSIN�SS: nUBLIC HEARING - Ii9DN� HILLMAN REPLAT: The notice of hearing w proposed replat and the of i t, Motion by i�Iolke Re»lat and to suthorize Johanson. Upon a voice mously. s read. Mr. Brown� City Engineer� pointed out the location o£ it on the map� an3 explained the details to accept this as the final plat of Rodtte}� Billman the Ma,yor and City Clerk to sign same. Seconded by vote� there being no nays� the motion carried unan3- $iDS ON "COMPACT" CARS (OPF�VED NOON 10/11/62): The bids which were received were as follows: �IDDisR The Minar Company 1708 Central Ave. Certified Check °�194.71 �G1, 792.20 N.R. 2-Door Sedan �1,837.37 1,-Door Sedan Tom Ward Motor Sales 191 �. Main 5treet Anoka, Minnesota Cettified Chack $�300 , �JO �1,800.30 2-Door Sedan �1,447.78 4-Door Sedan �2,056.79 Wagon Falcon �'2 � 070.22 Wagon Valiant �3,84g.99 2-Door & Wagon �3,894.16 Q-Door & Wagon �3yg71.02 2-Door & Wagon $3,918.00 4 Door & Wagon The City Manager had recommcnded that the Valiants be purchaaed. The total purchase price for the two Valiants was approximately �24.00 more than £or the two Ford Falcons, The Councily therefore� discuased this as to whether the bids should be awnrded being the Vallants were.higher that the Falcons� and since the City Mana�er was not prnsent to e�cplain his reason for xec- ormnending the Valiants. The Council felt that the awarding of the bid should be tabled until the next meeting, Motion by Wolke to receive the bids on the "Compact" cars� and to t�Able action on awarding the bid until the next meeting. Seconded 1�y Johanson. Upon a voice vote� there being no na,ys� the motion carried unanimously. BUILDING BOARD MINUTES - OCTOBER 10� 1962: This perrnit was for an affice and shop, and sinr,e the sanitary sewer and water serviees were not yet available in this area� the person requesting the pe mit asked that he be allowed to put in en approved type eesspool and septic tank. There was considerable discuesion as to whether or not this application should be allowed based on putting in a cesspool and septic tank. Mr. Wolke stated t�hat he did not feel that he ahould be allowed to put it in� as the Council had to13 the person who wanted to put the Broaster Restanran± on University at �5th Avenue that he could not put in a cesspool and septic tank. Mr, Wolkc stated that ha wo�ild like to go back to the minutes of the meeting in which the matter was discussed r�elative to the Broaster Restaurant� and to get the tspe of this meeting, and see �uat exactly what the discussion of the Council was, as he £elt it was turned down at this location becauae of the fect that he would have to put in a cesspool and septic tank� Of� the Council wotsld not allow him to put in a cesspool and spptic tank. There was more discussion on thc matter as to �rhether or not he should be allowed � � � 57 to put this building in with a eesspool and a septic tank. Motion by Johanson to table thia action until more in£ormation is av�ilable on the matter� and until the tape and the minutes o£ the action of the Broaster Restanrant relative to putting in the cesspool and septic tank can be obtained. Seconded by Wolke. IIpon a voice vote� there being no nays� the motion carried unanimously. � This was an application to build a Factory building 60 X 100 X 1Q with an estimated cost of $50�000.00. The Building Board had recommended that the building permit be approvad. Motion by Jahanson to concur in t h e r e c o m m e n d a t i o n o f t h e B u i l d i n g B o ar d a nd g r ant the permit. Seconded by Wolke. Upon a voice votn� there being no nays� the motion carried unanimously, The Building Bonrd had tabled action on thia� so that the Board could receive a recommnendation from the Council as to the Board's function in rev3ewing plans on multiple dwellings� commercisl bui131ngs� and industrial buildings. Mr. Renneth Kravik� Chariman of the Pldnning Commiasion and member o£ the Huilding Board� was present and stated that the reasons for the Board's not acting on this matter, which was that the Board wo�zld like to have aore directi�n from the Council on this mattera and also, ao party representing the builder had been present at the meeting. NIr. Kravik stated that the question had been raised as to whether the function o£ the Building Board was to be concerned only with the aesthetics� or whether they should be conccrned with structural soundness� also. Mr. Johanson stated that he had asked Mr. Jensen� the Building Inspector� to make up a specisl list or £orm to be completed at the time af application for the building permit. This farm would list certain requirements� and woubd be a sort of check list� so that the � Building Board, or anyone else� could aee that certain provisiona werc being checked and complied with. Mr. Wolke stated that the original purpose of the Building Board was Por aesthetics only� and the Building Board is not necessarily quslified to judga structural standards. Mr. Kravik stated that if there Was some sort of a check list� they could see that someone had checked the structural soundness� and they would £eel better about acting on the Building permits. Mr, Kohlan stated that it Was not the flmetion of the Building Board to pass on the structural soundness� but the Building Inspector ahould not forward a permit to the Building Board crithout £irst checking it out for structural sound- neas. Mr. Johanson stated that plans had bean checked out by the Building Inspector� and the plans showed the four or five units for apartments in the basement. Mr. Wolke stated that he was againet the present multiple dwelling ordinance. Mr. Nee statcd that the question is, just, do you want the Building Board to hsndle this. Mr. Johanson stated that the Building Hoard would handle only the aestheties i£ that is what the Council wants. Mr. Wolke stated that he felt the fces on the multiple dwellings were prohibitive, and he was there£orc against them. Mr. Johanson state3 that he would like to have some of the provisions o£ the Columbia Heights ordinance in th�4s ordinance. Mr. I{ravik stated that he felt that the Building Inspector should look at the application and check out the structural aoundneas of the building, Mr. Wolke stated that the Board was set up in the £irat place to pass on the aesthetics� and it was not the intention to paas on everythinp. Mr. Johanson stated that if thie was the case� then plans should be brought back to the � Council� so that he would have an opportnnity to act on them as a Gouncil- man, i£ he sees aomething wrong in the plans. Motion by Johanson� that ell plans for multiple dwellings, as well sa commerciel and industriel buildings� be brought be£ore the Council £or approval after they have cleared the Building Board. This would 3nclude all buildings beyond the R-1 zoning. Motion seconded by Wolke, Upon a voice vote� there being no nays� the motian carried unanimoc�sly. PLANNING COMMISSION MINOTES - OCTOBER 11. 1962: . �. Mr. Nagel, Chairman of the Streets and Utilities Sub-committee� was present and stated that tfte alley is not ix ing traveled on fot the whole distance„ Mr. Wolke askcd if the people do not have the right to accesa at both ends of the alley, I�. Knutson� Comstock and Davis� Inc.� atated that the City shonld reserve the right for utilities in the alley. The City Bhgineer� Mro Brown� atated that this is part of the recoffinendation. Mr. Nagel stated that 100% of the people had signed the petition for the vacation a£ this partion of the alley in question. Mr. Nagel stated that no one had appeared at the publi� hearing. Motion by Johanaon to set a public hearing on the vacation oF the alley in Block 2� Plymouth Addition. S�conded by Wolke. Upon a voice vote� thrre being no nays� the motion carr3ed unanimously. The Streets and Utilities Sub-committee had recommended that this petition be denied. The Planning Commission had also recommended that the petitions be denied. It was stated that 60,� oi the property and 69$ of the owners of the property wented the alley vacated. It was pointed out that there are a couple of apartment buildings in thia block, These apartment buildings have parking in the rear of the apartments. Motion by Johanson to concur in the rec�m�endation of the Planning Commission and denq the request. Seconded by Wofke. Upon a voice vote� there being no nays� the motion carried unanimously. The City Engineer pointed out the location o£ the lot on the map� and the locetion of the easement which would lae vacated. He stated that the City has a 20 foot easament on the north aide of Albany. Mrs. Hoyt originnlly had tuo - 30 foot lots� but it had been cut down to a 40 foot parcel because o£ this 20 £oot easement, The City would nacate the road rights in this 5£oot atrip but not the utility righta� the Citq Engineer state8. Motion by Wolke that a public hearing on the easement vacation bc set on this matter� and that the Coudkcil be mede aware of what the history has been on thia matter; Seconded by Johanson. Upon a voice vote, there being no nays� the motion carried unanimoualy. Mr. Lca stated to the Planning Commission that he would agree to make available the back part of these two lota to the City £or perk purposes. The Planning Commission had reco�ended that the lot split be granted� and that the City act on Mr. Lea's offer to ee]ce the back of the two lots available £or park property. Mr. Wolke esked how much of the lots would be granted for park purposes. Mr. Nagel state�i that he thought they were talking about one-half o£ a lot� or 150 £eet, The City Ehgineer stated that there was no diseuasion at the Planning Commi- ssion as to the exact number of feet involved. Motion by Johansan to ° table this matter until more in£ormation is available on the amount o£ park property to be donated to the City. Seaonded b,y Wolke. Upon a voice vote� there being no na,ysy the motion carried unanimously, LOT SPLIT REQI7EST TO SPLIT LOT 2, BLOCR 1. VAN CLF�AVE�S ADDITION: The Plats and Subdivisions Sub-committee and the Planning Co�isaion had recommended that this lot split be denied. The City Engineer stated that one o£ the lots wou]d be several feet in width under size� and being that there is more land available in the area� the Planning Commission £elt the land should be acquired to make two lots of required size. Thia petition was denied in 1961 aleo. Motion by Wolke to concur in the recommendation of the Planning Commiseion and deny the requast. Seconded by Johanson. Upon a voice vote� there being no nays� the motion carried ` nnanimously. LOT REARRANGIIAENT - WELDON k�AHL - LOTS 3 AND G, BLOCR 1. HdRIZON HEIGHTS: The Plann3ng Commission had reconm!ended approval of the preliminary sketch ' � ' �� as the basis for a preliminary plat, and rerommendad that the City share in the costa of tha plat with Mr. Wahl. The City Engineer explained that the location oP this property is just south of the Cit,p water reservoir. The City owns two lots� and Mr. Wahl owns two lots. There is a 30 foot street dedication to the property at the present time. Evidcntly� when the Innsbruck Addition was platted� it was thought that the Cit,y owned all four of the lots in question� and additional street width was not provided for these two lots owned b}� Mr. Wahl. The proposal was for the City to grant an additional 1C1 foot atreet easement so �hat a street could be put into the ��ahl property and rearrange 3 lots to provide a turn- � arourd to Mr. Wahl's lots. Mr. Erown� City F�gineer� stated that there is a drainage problem as the lots owned by Mr. Wahl��arc quite low. Motion by Wolke to concur in the recommendation of the Planning Cormiissicn. Seconded by Johanson. Upon a voice vote� there bcing no nays� the motion carried unanimously. The Planning Commission had recoawended approval subject to the new building code provisions bei,ng epplied. Mr. Wolke asked what the people would do with the property. Mr. Kravik stated that the last portion of it hinges o,n the new building code for mult3ple dwe111ngs. The Planning Commission had recommended that tre property be rezoned £rom R-1 to R-3 subject to the new Building St,andard8 code that will shortly be in ef£ect. Motion by Johanson to concur in the recommendation of the Planning Commi- ssian and set the public hearing. There was no second to this motion, Motion was not carried. � The Planning Co�ission had reco�mnended approval of th�s lot split. Mr. Krawriecki had stated that he wished to split the property into three 70 foot lots� 110 feet in length. Mr. Charles Johsnson� m�mber of the Planning Commisaion and Cha�rman of the Building Standards Sub-committee� pointefl out that there is not much else that can 6e done with the property, and the C3ty does not sllow building on 60 foot lots in the area. Mr. Wolke asked if the property is red-tagged for park purposes, or so�e other purpose. Mr. Kohlan,suggested holding isauance of the building permit pending fliture study to check to see if the area is red-tagged. Motion by Wolke to concur with the Planning Commission and grant the lot split reauest sublect to checking to see if the area is red-tagged for park acquisitian. Seconded by Johanson. Upon a voice voteJ there being no nay8i the motion carried unanimously. BUILDING STANDARDS SUB-COMMITTEE RECOMMEAtD$TIONS ON CHANGES IN DRDINANCE ND. 213 - MUL,TIPLF, DWII�LING ORDINANCE: There was some discussion on this� Motion by Johanson to suggest that this item be placed on the agenda for the next meeting. Seconded by krolke. Upon a voice vote� there being no nays� the motion carried unanimously, PARK BOND ISSUE• The Planning Connniasion had taken note,of the £act that the park bond � issue had been paesed favorably by a three to one majority in favor of acquisition and improvement� and commended the citizens of Fridley £or their farsightedacss and community spirit. Motion by Wolke to concur with the Planning Co�iasion on this metter, Seconded by Johansan. IIpon a voice votea there being no nays, the motion carried unanimously. C OMM[JN ICATI ONS ; Motion by Wolke to receine the letter and place it on file and instruct the City Attorney to draw up the necessary ordinance to allow the City Police Depnrtment to control and direct trs°fic and parking p��s„Q-hool �0 Property, Seconded by Johanson. IIpon a voice vote� there being no nays� the motion carried Unanimously. Motion by Johanson to receive the communication �'om the Minneapolis- St. Paul Sanitary Seuer District dated October 5y 19b2� and place it on £ile� Seconded hy Wolke. Upon a voice vote� there being no nays� the motion carried unanimously, � Mr. Bcal had submitted a letter to the City Council e�cpinining his reasons for requesting that the City participate in thc cost o£ the sewer connec- tion services� the reason being that he felt that the sewer service was not o£ su£ficient depth and therefore, it required a larger line f�om hie home to the line in the street� and he felt that the City ahould psrti- cipate in this cost inasmuch as the line had not been placed low enough in the first instance. Mr. George Johnson� Johnson Realtors� was present and etated that he is also interested in this matter, as he also has the adjoining piece of property which has the same problem. He stated that he understood that there were three properties involved that had thia problem. Mr. Nee asked �hat the City's liability would be in this case. Mr. Kohlan atated that he cuas not sure offhand what the City's liability is� as he has not gone into the design of this aewer. Mr. Wolke suggested that this �tter be turned over to the proger officials so that the City can find out what the City's liability is etc. Mr. Nee stated that the homes are set quite a distance back from the street, and there probably would not have been a problem on this if the homes had a regular setback. It was stated that if a six inch line is used� one house only covld get service. Mr. Wolke etated that i£ the City officials had a recoannendation on this matter� it shauld be ineluded with the letter. Mr. Kohlan atated that the party had called him and informed him of the matter� and he had ' suggeated that he could not give oPficial attention to thia matter until it was presented to the Council� and the Gouncil directed him to give official attention to it. Mr. Kohlan suggested that the City Hzgineer, City Clerk and City Attorney come up with aome recommendation on thia matter. Motion b,y Wolke to receive the letter and the City Nhgineer} and the City Attorney are to advise the Council what legal obligations o£ the City are� and report back to the Council on this matter. Seconded by Johanson. Upon a voice vote� there being no nays� the motion carried unanimousl,y. Mr. Kravik pointed out that the people do have their yards torn up and have a large hole in the yard� and it is a nuisance and danger to the children in the arta. Mr. k'olke stated that the City could wind up with a problem if everyone requested th� City to help pay the cost o£ running their utility services in. Mr. Kohlan esked if there are other properties inoolved. It was stated that there were three properties in all. Mr. Johnson stated that these threc properties all have the problem and one of them would have to go through tha aide o£ the wall in the basement or use a sump pump if they were to use the sewer. Mr. Wolke asked what the elevation above the street was of the property. Mr. Johnson stated that he did not know. Mr. Rravik stated that the houaes were built in 19l�8 be£ore the street ar the wat�r and sewer service was put in. Mr, Wolke stated that he felt that the City should set all of the elevations on all of the property build on in Fridley. Mr. Charles Johanson atated that in Golden Valley� when the City puts in a sewer that is too high� � the City puts in a sump pump. It was stated that the tvo Cit,y addresses in question were 150 Talmadge and 148-Tala,adge Way, Motion by Wolke that proper officials check with Mr. Sandin� City Plumbing Inspector� as to what properties are actuslly involved in this matter, and make a report back to the Cowicil. Seconded by Johanson. Upon a voice vote, there being no nays� the motion carried unanimously. Mr. Momchilovich stated that this trailer sales business would be for a 61 period of three years only. Mr. Wolke pointed ou� that this is close to a traffic aignal and there would be a traf£ic problem. Mr. Nee pointed out that the property is zoned residentie� and he did not think there was s provision for selling trailers� or putting a commercial business in a residential area, The property would have to be rezoned. Motion by Johanson to deny the reauest o£ Mr. Momchilovich for put+ing e trailer sales on Lot 9� Auditor's Subdivision Na. 88. Seconded by Wo]ke. IIpon a voice vote� there being no nays� the motion carried unanimously. � I�E�1 AT LSTH AVENIIE AND 2ND STREET; Mr. Knutson of Comstock and Davis, Inc, stated that as a result of the letter of September 3� 1962, Comatock and Davis� Inc. was directed to investigate tha water drainage problem in this area. They had done so� and this letter was their recommendation. Mr. Wolke asked what the cost figures would be £or putting this in. Mr. Knutson stated that he had discussed the matter with the owner o£ the lot in which the drainage sump would be located. He stated that thep had discussed purchasing the property £or $3�200.00� or renting it� that is the City would pay the taxes on the lot £or the use of the lot. �[r. Wolke suggested that the City buy the property for $3�200.00. Mr. Knutson also stated that the owner� Mr. Mark Glover had oftered to trade the lot for the property the City has at 54th and 7th Street. Mr. Johanson steted that the ta�ces cauld not be too much on a vacant lot, I�h�. Knutson stated that this is only a temporary solution to the drainage problem. Mr. Johanson suggested that Mr. ICnutson give the City information as to the cost of this. Motion by Johanson to instruct Comstock and Davis� Inc, to obtain information on the purchase price� or what the annual cost would be for paying the taxes� or information on trading other City lots For this lot, Seconded by Wolke. Upon a voice vote� there being no nays� the motion carried unanimously, LETTER FROM PAUL SCHWARTZ CONSTRUCTION COMPANY WITH REFERENCE TO THE � MUL,TIPLE DWII.LING OR.DINANCE IN WHICH TfiEY HAVE OBJECTED TO THE AMOUNT OF THE F�E CHARGE: Motion by Johanson to receive the letter and place it on file. Seconded b,y Wolke. Upon a voice vbte� there being no nays� th= mation carried unanimo��sly. AUTOMATIC DISPEa1SING EQUIPMFSIT FOR LI�UOR STORES: Mr. McGuire� Liquor Store Manager� was present and explained the proposals made by the two campanies £or liquor diapenaing equipment, the Auto-Bar Liquor Dispensers and the proposal made by the Stone Company. Mr. Wolke suggested that the City buy the units for #2 store now� and get this store locked up and then a letter be obtained f�om the Auto-Bar Company whereb,y the City could install the dispensers at the Shorewood Lounge at a later time at the same price. Motion by Wolke to authorize the installing of the Auto-Bar equipment at Store #2 in the amount of ffi3,049.00� subje�'t to receiving a letter `rom the Auto-Bar Company allowing the City to install the additional equipment at Store #3 (Shorewood Lounge) at a later date at the price quoted in the vendor�s quotation o£ October 1962� in which the total price was $9�393•gg• This authorization ahall be void if the vendor does not agree to the above mation. Seconded by Johanson. Upon a vaice vote� there being no nays, the motion carried unanimously. � VISITORS: . KEN NORDLING WITH RE'rBRENCE TO MULTIPI,E D1+IELLINGS: Mr. Nordling stated that he is interested in building ttao 32 unit multiple dwe111ngs on Lynde �rive as they have bought property at this location. He stated t'st they purchased the property the last p�rt of August. He stated that he inquired with the Suilding In„pector and the City Manager� and it was brought to his attention +hat there was a new ordinance 3n effect regulating multi7l� dwellings and the ordinance prohibited apartments in the basement� but he had heard that some of the other people had petitioned for waivers of this requirement f'rom the Couneil� and had obtained the waivers. Mr. Nordling sbated that it was �� recommended that storage room be pravided� and tha± they had taken out one unit in the basemen� for storags� and the laundry room and the flu�naae room were divided into two separate rooms. He stated that the,y had agreed to put briok on the building. He stated that +hey wauld like to put up two buildings with 32 units in each building. There was discussion as to whether or not he could build the buildings w3th apartm�nts in the basement, Mr. Nordling stated that if they were to build the buildings on top of tha ground so that there would be no apnrtments in the basement� they would be 12 feet higher than th� rest o£ the apartments. Mr. Nordling stated that they have 750 square £eet of area in each oF the units in the buil�9ings. Mr. Nordling stated that they felt that they � should bP ahle to put some apartments in the basement. Mr. �dolke asked when they had bought tha property. Mr. 1Vordling stated that they pur- chased the pronerty on the 29th of August� 1962, Mr. Nee stated that they are 100 square feet over the requirements on each unit. Mr. �lordling stated that they have to put it in wfthout the basement if the wainer is not granted. Mr. k�olke asked what it would do-to the cost factor if the,y could put the units in the basement, It would cost about the same. Mr, Wolke stated that h� would not grant or deng the request}.but he would like to have the ordinance straightened out. Nfr. Johanson asked who had led them to believc that they could.get a waiver. Mr. Nordling stated tha t they had heard that there were two others granted. I�fr. Wplke stated that he thought it took four or more Councilmen to pass on . an ordinance� and this was passed by three� and he was against the ordinance. Mr. Nordling stated that this is a problem that will take many meetings to settle. Mr. Nordling stated that they cou1�3 build on top o£ the ground. He also stated that the;� have tried to build good apartments. Mr. Johanson stated that there are some feults in the ordinance� but if anyone wanted to put up apartments in FY�idley as of now� they would have to meet the present ordinances. Mr. '�lolke stated that he would go along in th�.s respeat� with the reservation that he has a question as to how the ordinance was passed� and questioned whether it was legal� bQing that it was passed by only three Councilmen. I�. Nordling asked what steps would be teken to relieve them of this problem. Mr, Johanson stated that there are two -�ages of reco�endations from ' the Building Standards Sub-coaunittee on this. Mr. Ken Kravik stated that the Planning Commission would 13ke to go over each item o£ the recommendations, and stated that it is alsa a question o£ lot size and the relationship o£ R-2 and R-3 to R-1 and it is a queation o° a density problem. Mr. Wolke stated that it shovIDd tiot take;long to get more in£ormetion on the apartments. Mr. Wolke suggested that a meeting be aet up one week from tonight at 8:30 P,M.� October 22� 1962y with the Planning Commission and the City Cauncil to'discuss this matter. Mr. %ohlan pointed out that Seetion 3.OQ o£ the City Charter provides that an ordinance may be passed b,y the majority vote of all of the members of the City Council� which would mean three Councilmen� 1he Zoning Ordinance under Section 11, Subdivision B, provides that amend- ments must be passed by 2�3 vote of all of the members of the City Council for amendment to the Zoning Ordinance� or a new zoning ordinsnce� and this� therefore� would take four Council members.. He stated that four �otes were also necessary when the Council initietes a Public Improvement without a petition. . ROGPR JQNES - FRIDLEY JAYCEES IZ�'QiTEST TO PUT iTP A BUILETIN BOARD: Mr, Roger Jones i�om the Fridley Ja,ycees wsa present and steted that the Sa,ycees would like to put up a community bulletin board on the Ernest Madsen property next to the City Hall, This bulletin board would contain notices whicn the City aight want to put there� such as election notices� and would also contain certain notices o£ activities 1 being conducted b,y the Fridley Jayceea� The bulletin board wouid be approximately 10 feet by 16 feet and would be 15 feet abova the ground. Motion by Johansan to grant this request subject to the bulletin board bein� put up according to the present ordinances. Seconded by Wolke. Upon a voice vote� there being no nays� the motion carried unanimouely, LICENSES FOR TERRY'S CLi,*B: Miss Theresa Mangels was present� and submitted spplication for licenses- an on and of£ sale beer S�CChSq� tavern license� cafe license� and ci�- L# K� �2 q� arette licenae for Terry's Club. She stated that there is a license existing at this time for the premises, Last January� Mr. Kohlan stated that right of possession is the right to license� and she wou�d like to have her license considered. There was a quastion whether the Police Chief had checked out the licenses� and the City Clerk stated that the Chief had not checked them out at this time� and he questioned whether they should be approved as long as there is a license in existence at this location. Mr. Wolke stated that it is not the Police Chief's job to decide whether or not a license is issued� but merely to investigate the charseter of Mias Mangels. Miss Mangels stated that the Police Chief � had told her that it would take two weeks to check the licenses out. Mayor Greig arrived at 10:50 P.M. Miss Man�els asked if the matter could be epeeded up so that they would not have to wait too long. The attorney for Miss Mangels was present� and asked if the matter could be speeded up. Mr. Kohlan asked what the state of poasession was. The attorney for Mies Mangels stated that there is a xrit of restitution at the present time giving Miss Mangels the ownerahip to the business. Mr. Wolke stated that it is not the job o£ the Police Chie£ to process the applications or to determinc the ownerahip� but to pass on the character o£ the gerson involved. Mr, Kohlan stated that in the previous circumstance, the ten day period of waiting was advised because the Council did not know who did have poasession of the building. He now understanda that it is restored to Miss Mangela� and i£ the party is Pit� the license shauld bc issued. Mr. Aohlan suggested that the license be processed immediately, Motion by Johanson to ahve the licenae processed� and have the matter placed on the agenda for the naxt regular meeting. Secon3ed b;� Wolke. Upon a voice vote� there being no nays� the motion carried unanimously. PETITIONS: Motion by Wolke to receive the petition (Petition #53-1962) relating � to the petitioning �"or no street from Stinson Boulevard west to a point 300 feet on the back of Lots 1� 2� 3� and side of Lot k� all of Block 1, Spring Park Lakeside� City of �idley, Minnesota� and place this petition oa file. Seconded by Johanson. Upon a voice vote� there being no nays� the motion carried unanimously, APAOINTMENTS: Motion by Johanson to approve the appointment of Fred Andrew Sehaafa 3$30 Buehanan Street Northeast� Minneapolis� Minnesota� as Fl�ll-time Bartender at Store #3 (5horewood I�ounge) at a salary o£ �2.35 per hour� replacing Richard Larson who has been elevated to the position of Assistant to the Liquor Store Manager. Seconded by Greig. Upon a voice vote, there being no nays� the motion csrried unanimously. APPOINTMENT TO BOARD OF APPEALS: Motion bp Grefg to appaint Steve J, Gabrick� 5Q6 Hugo Street North�ast� F`ridley� Minnesota� to replace Mr, Wayne Saunders on the Board of Appeals. Thia term expires Decembcr 31� 1962. Seconded by Wolke, Upon a voice vote� there being no nays� the motion carried unanimously. CLAIMS: Motion by 47olke to approve General Claims 7258 through 7361. Seconded � by Greig. Upon e voice vote, thare being no nays! the matian carried nnanimously. Motion by Johanson to approve Liquor Claims 46Q8 through 4700. Seconded by Greig� Upon a voice vote� there being no na,ys� the motion carried unanimously. Motion by Wolke to approve Public� Utility Claims 2109 through 2137. Seconded by Johanson. Upon a voice vote� there being no nsys� the motion carried unanimously. ESTIMATE5• Motion tay Wolke to approve the estimate of Lametti and Sons - Estimate h� #3 for Project #34-F in the amount of $23,gz2.74� and the estimate of Barbarossa and Sons� Inc. - Estimate �3 for Sanitary Sewer and Water Project �55 in the amount o£ �10�773.99� and the estimate of Berberossa and Sons� Inc. - Estimate #1 for Storm Sewer� Sanitary Sewer and Water Froject #5g in the amount o� $4,z61.05. Seconded by Greig. Upon a voice vote, there being no nays� the motion carried unanimously. Motion by Wolke to approve the estimstes of Comstock and Davis� Inc.� as follows: - Froject #34K - Estimate �/1 Project #4�A - Estimate #15 Project #34-I� - Schedule #4 - Estimate #9 Projeet #4g-B - Estimate i�13 Pro,jeet #34-F - Estimate #12 Project #53 - Estimate #1 Project #5g - Estimate #1 Pro3ect #34-G - Estimate #11 Project #f34-J - Schedule #1 - Estimate i/5 Project #55 - Estimatc #3 Total � 4z.�5 27.00 6.75 4•50 1,31ti.75 �06.50 851.50 18.00 724.50 592.75 $ 3,989.00 Seconded by Tohanson. Upon a voice vote, there being no nays, the motion carried unanimously. Mr. Knutson of Comstock an3 Davis� Inc. stated that since the agenda was sent out there was a fUrther estimate submitted for the Pcrry Swenson Compsny - Froject 34-J - in the amount of $20�002.08, thia was not a final estimate. Motion by Wolke to approve the above estimate. Seconded by Johanson. Upon a voice vote� there being no nays� the motion cerried unanimously. Another estimate was submitted to the Council for the D.W. Hickey C�ompany for Projedt 34-J in the amount of �1,9�771.46. Motion by �ohanson td approve the above estimate. Seconded by Wolke. Upon a voice vote� there being no na,ys� the motion carried unanimously. The City Engineer pointed out the problem of the mix-up in names between the F4�idley Filtration Plant and the M3nneapolis Plent which they call the F�idley Plant. Mr. Wolke suggested that a letter be sent to the City of Minneapolis asking them to change the name o£ their plant. LIC�NSFS• Motion by Walke to approve the follcwing licenses: EACAVATING Lloyd Moen 541 La£eyette St. N.E. FY�idleg 32� Z4lnnesota �AS SERVICFS Johnson Brothers Plbg. & Htg, 6100 Golden Valley Road Minneapolis 22� Minnesota EG NERAI. Harland E. Berry 6821 Hickory Street N.'�. Minneepolis 32, Minnesota HEATING Johnson Bros. Plbg. & Htg. 6100 Golden Valley Road Minneapolis� Minneaota MASONRY Ddnh�y-Rbitz� Inc. 1595 Selby A�ernze St. Paul� Minnesota by: I1oyd Moen by: David Johnson bq: Harland E. Berry by: David Johnson bY: George Donnay Renewel Renewal Renewal Renewal New ' , ' PLUMBING Johnson Brothers Plbg. & Htg. 6100 Golden Valle� Road Minneapolis 22� Minnesota by: David Johnson Renewal Seconded by Johanson. Upon a voice vote, those voting in £avor, Greig� Johanson� Wolke, Nee abstained. Motion carried. Mr. Golden was present and wanted to know why his license was not � approved. Mr. Kohlan stated that the Building Inspector had prepared a letter and suhmitted 3t to him} and then a further �et±er was prepared and is included in the agenda� and in this letter the Building Inspector had recommended that the license not be granted. Mr. Nee stated that he would like to know why the recommendation had been made for not granting the license. What the reasons were. Mr. Kohlan stated that he had made some investigation of this matter and the information he had received was un favorable. � �J CAFE LICINSE� Motion by Wolke to approve the Cafe Iicense for Lyn F. Hom� 8108 Nicollet Avenue South� Minneapolis� Minnesota for a Carry-out Chotir Mein Cafe at 242 Misaissippi Street North�ast� EY�idley� Minnesota. Seconded by Greig, Upon a voice `vote,'there being no nays� the motion carried unanimously. FIRST READING OF ORDINANCE VACATING A PORTION OF GARDENA AVRNUE LOCATED IN AUDITOR�S SU9DIVISION N0. 92: Mr. Glolke ]eft the meeting temporarily. The above ordinance was read. Motion by Johanson to accept this as the �'irst reading of the above ordinance. Seconded by Greig. Upon a voice vote, there being no nays� the motion carried unanimously. Motion by Greig to adopt the above resolution. Seconded by Johanson. Vpon a voice vote, there being no nays, the motion carried unnnimously. ACCEPTANCE OF UTILI7'IES - HOLIDAY HII.LS ADPITION: Motion by Greig to accept the utilities in iIoliday Hills Addition. Seconded by Johenson. Upon a voice votea there being no nays� the motion carriad unanimously. The City Clerk asked whether the Council wished to require a maintenance bond as required by State Law. There was some discussion on this. The Mayor stated that the bond should be in effect as of this date. CzfAh�GE ORDER #1 - PROJECT ND. 58: Mr, Les Knutson of Comatock and Davis� Inc., Consultin� Ehgineers� explained the nature of the change order. Motion hy Johanson to approve the change order, Seconded by Greig. IIpon a voicr. vote, there being no nays� the motion carried uhanimousl.y. LETTER FROM EHLr�tS-MANN AND ASSCICIATFS, FISCAL AGENT, WITH REFERENCB TO SELI,ING $ONDS FOR STATE AID STREET WORK: Mr, Robert F�lers was present and stated that there are a couple of things that should be checked out. He stated that there is a£avos•a61e bond market now, and bonds should probably be sold for the park bor.d issue, the State Aid 5treet Sork and Project #34. Mr. Wolke retvrned to the meeting, Mr. Brown, the City Ehgincer� stated that if the ma�cimum amount of bonds are issued� the amount o£ the bonds determines the amount of money that �� �� will be available each year. The City will lose abput �S�OOO.00 to �6�OD0,00 a year in allocations for construction for the next twenty years and he would like to sit down and go over this i� detail. Mr. Ehlers stated that something could be worked out by the 5th of November possibly� and be �resented to the Council at this time. Mr. ��olke suggested trat a mutual agreemr.nt be worked out between the F�gineer's o£"ice and other City officisls� and Ehlers-24ann and Associates and be presented to the Council. Mr. Greig stated that he did not £eel that the City ahould wait on issuing these bonds. Mr. F.hlers stated that i£ the bonds were i�sued� the job could be done sooner. Mr. Johanson asked how many bonds the City could sell withaixt hurting the City. There was £urther discussion on this� and there was no action taken, ` 1 The City Ehgineer asked if the preliminary report should be prepared on the basis of average cost o£ construction or on what basis should the preliminary assessment roll be made. Mr. Kohlan stated that the assess- ment cannot exceed the cost. Thera was considersble discussion as to whst part of the street would be put in and how it would proceed� whethcr the hearing would be held only £or the service road portion� ot for the whole street. The City E�gineer explained that the service road portion would be 2Q £eet in width instead of the standard 31 foot street. Mr. Nee stated that, he felt the City should assess £or one-half of the industria] strEet cost to the area to the south. Mr. Arolke stated that he felt that he preferred to assess the north portion for the residential and the so��th portion for the industrial property. Mr. Erown� City Phg- ineer� asked if the City could hold a hearing on the bssis of preliminary plans. Mr. Kohlan stated that they could� if the �gineering report has two things� if there is an estimate of the cost and the plans are feasi- ble, and the reoprt should show fihat the average assessment is for street work� but would not necessarily have an assessment roll for each piece of property, Mr. Kohlan asked i£ the plan was feasibley and the City EY�gineer stated that it was. Mr. Kohlan asked what the overall cost ' would be. The City N�gineer stated that from T.H. #L,7 to T.H. #65, the cost would be approximately �211�000.00 £or the four-lane industrisl road plus the service road. Mr. Kohlan stated that the Council covld proceed as tbe verbal report had been received and the written one would be filed within the next day or two. It was decided that the preliminary assessment roll would not be prepared. Motion by Johanson to adopt the resolution ordering preliminary plana and specificntions and eatimates of costs thereof� 73rd Avenue. Seconded by Wo�ke. Upon a voice vote� those in favor� Greig� Johanson, ldolke� Nee. Opposed� None. 5�}eridan absent. Mation carried. Motion by Wolke to adopt the above resolution. Seconded by Johaneon. Upon a voice vote, there b�eing no nays, the motion carried unanimously, Thia resolution (No. 108-1962) had been previously adopted b,y the City Gouncil and this was presented for their confix�me.tion. Motion by Greig to confirm the above resolution. Seconded by Johanson. Upon a voice vote� there being no nays� the motion carried unanimously. ' RESOLUTION RELATING TO NOTICE TO TfIE CITY COUNCIL OF THE CITY OF FRIDLEY nz+ 7namcR,Tm mn TCCT!!NATL� rrmv emocc�ne ne nnnxrrtnr nn�no_ This resolution (No. 169-1962) had been previously adopted by the City Council end this was presented for their approval as to £orm and content at this time, Motion by Johanson to confl4rn their approval es to the content and form of the above resolution. Seconded by Wolke. Upon a voice vote� there being no nays� the motion carried unanimously. �� n � ' RFSOLUTION N0. 19s-1962 DESIGNATING POLIING PLACES AND ELECPION JUDGES; Motion by Johanson to adopt the above resolution. Seconded by Greig. Upon a voice vote, there being no naya� the motion carried unanimously, MINUTES OF THE PARKS AND PLAYGROUN➢5 SUB-CONAtITTEE - SEPTF�fBER 17. 1962: Mo+,ion '6y dohar_son to r�ceive the above minutes and place them on £ile. Seconded by Greig. Upon a voice vote� there being no nays� the motion carr3ed unanimously. NO• 59: The City Clerk stated that the £ollowing bids had been received and opened at 12:00 naon on Qctober 15� 1962 in presence of Mr. Brown, City fligineer� Mr, Les Chesney� Superintendent o£ Public Utilities� Mr. Brunsell� City Clerk� and Les Knutson� Engineer� Comstock and Davis� Inc.� Consulting Engineers: BIDT�FR & SECURITY LUMP SUM BID COMPLETIDN TIME Montgomery Conatruction St. Croix Falla� 47isc. 5�+ Ohio Farmer�s Ins. Or£ei & Sons 1156 Homer Street St� Paul� Minnesota Horbal Construction 5341 Penn Avenue No. Minnespolis 30, Minnesota 5� American Surety American Cast Iron Pipe P.O. Box 157 Savage� Minnesota Randall & Berglin 6$O1 Plaza Curve Minneapolis 21� Minnesota Sandstrom & Hafher 2054 St. Anthony Blvd. N.P. Minneapolis 18� Minnesota S� 1`revelers Insiu'ance Barbarossa & Sons 4�2 - 33rd Avenixe North St. Cloud, Minnesota 5� St. Paul Fire and Marine Bergstrom Construction 6332 Lakeland Avenue N.id. Minneapolis, �iinnesota 5� America Fore Loyelty Group �17,965.4a No Bid �23,105.32 No Bid No Bid �19,162.00 �22,965.85 �18,16y.78 Q5 Cal. Days 60 Ca1. Days 9� Cal. Days 45 Cal. Days 75 Cal, Days ' YTalbon Fxcavating Co. Highway No. S Minneapolis� Minnesota 5� Fidelity & Deposit �20�87_/;,10 60 Ca1. Days Mr. Knutson explained the location of the work which would be done. Motion by Wolke to adopt the Following resolution awarding the bid to Montgomery Construction Company in the amount of �17�965.40 with comple- tion in 45 calendar days. Seconded by Greig. Upon a voice vote� there being no nays� the motion carried unanimously. �� Councilman Wolke introduced the following resolution and moved its adoption: RESOLIITION N0. 179-1962 A RESOLUTION Ak�ARDING GONTRACT ON SEWER AND WATER PROJECT N0. 59 B� IT RESOLVED BY THE COUNCIL OF THF: CITY OF FRIDLEY� MINNESOTA as £ollows: 1, The Council finds that the lowest responsible bidder for conatruction of the improvement work designated as: Sewer and Water Improvement Project No. 59 is Montgomery Construction Company� St. Croix Falls� Wisconsin; whose bid is in the amount of �17�965.40 with completion time in 45 calendar days. That said bid is hereby accepted� and the City Manager and Mayar in office on datr, of execution o£ the contract are hereby authorized and directed to enter into a contract with said bidder for and in behalf of the �ity of Fridley. ADOPTED BY THE COIINCIL OF THE CITY OF FRIDLEY THIS 15TH DAY OF oCTOBER, 1962. -- ;; � ,,,- MAYOR — T. E. 4eig ��L� / t / /� t ' f' � / �` /L- t� �'� L�'",'VL-'ci\ CITY MANAGER — Far P. Wa er v The motion for the adoption of the above resolution was duly seconded by Ma�or Greig} and upon a voice vote being taken thereon, the following members voted in favor thereof: Greig� ldolke� Johanson� Nee. (Sheridan ebsent) and the £ollowing members voted against the same: none 1�1'�iEREUPON SAID RESOLUTION WAS DECLARED DIILY PASSED AND ADOPTED. Mr, Knutaon stated that he would like to advertise for'bids and award them on the Sth of Plovember on the above project for a submersible pump and the other equipment. Motion by Wolke to adopt the resolution author— izing advertisement far bids on the abave. S�conded by Johanson. Upon a voice vote, there being no nays, the motion carried unenimously. Mr. Knutson suggested that lightning protection be provided on Well #4• One coaununication was dated October 12� 1962 with reference to the peti— tion for services for Sears Roebuck and Company and a letter from Comstock and Davis� Inc. dated October lOy 1962 with reference to the Chlorination af the Fridley Water System and a report by the Fridley Health Officer, Mr. Johanson asked if the City system woutd be fluoridated. Mr. Kmztson stated that the contract has been awarded for the equipment. Mr. Wolke stated that no of£icial shou]d make statements to the public without going through the City Manager�s officc� and this Health Officer should be sent a letter to this ef£ect. ' � � � � � Mr. Les Knutson stated that the report that one oF the wells is pumping sand rras not true� as the well is sand free� and that the sample was not taken properly. Mr. Nee asked Mr. Knutson if the City personnel had been instructed to the operation o£ the plant and the taking of samples. Mr. Knutson stated that th3s would be done when the completE p3�ant was £iniahed. Mr. tdolke and Mr. Greig stated that the5 felt that the City Engincer should take the samples. Motion by Greig to receive the letter £rom Comstock and Davis� Inc. udth re£erenc� to the lif,ilii,ies ln tk:e Sears Roebuck Company property. Seconded by Jchanscn. Upon a voice vote� there being no nays� the motion carried unanimously. Motion by Wolke to receive the report af Comstock and Davis} Inc, rela— tivei.to the Chlorination o£ the Fi�idley Water System and the report o£ the Health Officer� and instruct the City Manager to �peak to Mr. Hensley. 5econded bv Johanson. Upon a voice vote� ther� being no nays� the motion carried unanimously. LIQIIOR STORE PAV�IENT AT 37TH AND MARSHALL STREET: Mr. Brown� the City �gineer� presented two alternate proposals for Council consi3eration if an earlier completion is desired for surfacing the parking lot at the Liquor Store at 37th and Marshall Street Northeast. Mr. Brown stated that Barton Surfacing Company contract unit prices are about 15� higher than Ihznkley Surfacing Company contract unit prices. Mr. Greig asked why this was not put in or let with the other street work, He atated that he asked the City Manage� why it could not be put in with the street project. Mr. Brown stated that originally the Council was just going to put in a driveway end the full parking lot was authorized about a month ago. Mr, ?3rown stated that last year's contract has not been finished and it could be added on by change order to this ,year's contract. There was discussion as to why the surfacing had not been put in with the previous street project. Motion by Wolke to delete the paving because it is too late to �et it in thia year�s project, Secanded b,y Greig. Upon a voice vote� there being no nays� the motion carried unanimously. ADJOURNMENT• There being no further �usiness� Acting Mayor Nee decl�red the meeting adjourned. Respectfully submitted: Mar'vin C,� 1 � Secretary to the Council by �, ? �� ' , �,F��.�-� � � �� � � C TG �,gy,R _�, lliam Nee i