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01/07/1963 - 00023426� �_� co�cn r�lrrurlis - sl?NUaRY 7, 1963 A regular meFting of the City Council k�as called to nrder by Mayor Nee at 8;05 P.hi. ROIL CALI.; Members Pre::ents Members Absent: Brook, Johanson� 5heri�an, blolke, Nee Pone AFPROVAL OF MINliTE5: DECEMBER 17_,_1Q62: Motion by Sohanson to approve the minutes of the regular meeting of December 17� 1962. Seconded by Sheridan. Upon a voiae vote, there being no nays, the motiar. carried unanimously. Moti�n by Sheridan to approzre the minutee of the recessed re�ular meeting o£ December 17y i962 held on December 2'7, 1962. Seconcied by �dolke. Upon a voice vote, there being no nays� the motion carried unanimouslq. AP_PROVAL OF TII: MINUTrS OF THE SYECIAL MEETING OF JANUARY 2, 1963: Notion b� Joharson to approve the minutes of i,he Special meeting held January 2� ]_q63. Seconded by Sheriflan, Upor� a voice vote, there being nc nays� the motion carried unanimously. OI,D BIISINBSS: FIRS'" RS�DING OF OftDINfiAiCE REZONING PORTION OF AiJDI'POR'S ST?ATJNISICN N0. l?9 The City Manager statFd that this could be read for the first time i£ the Council wi�hed. The City Manager read the ordinance� Motion by Sohanson to accept this as the first re�ding af the above ordinance. Seconded by Brook. Upon a voice vote, there being no nays, the motion carried unanimctxsly, TAD'. ING OF Rr^,SOZIITION RFLATING 'I'D NORTH SLBURB�IN H("1S�TT!{I; AISTRICT (TAHLi'sD 12%1?/62) : Councilman i'clke ask�d if there wculd be any purpose served by passing this resolution. Councilman Johanson stated i.hat it could make clear the intention�' �f the Councii, and would give suaport to the Board member of Fridley. Covncilman ��'ulke asked i_f the Cii.y could pull out by a motion or resolu+ion. Nir, Kohlan, City Attorneyy stated "no." Councilman �dolke stated that he would like to see the resalution urorde�2 a little differently. Councllman Sheridan stated that the Iiospital Dis trict was established by an act of the Legislature. Mr. Kohlan stated that the Hospita7. District could dissolve itsel£ if it so wishec',. Councilman Sheridan st�ted that �ze did not feel that the District wculd ever come to any kind of an agrPement as to whai ahould 6e daney and wculd like to see it stay ae it is. Motion bf Sheridan to table this item until one o£ the Councilmen requests that it be brou4ht back to the a�enda for action. Secrnded by Lrolke. IIpon a voice vote� there being no nays� t-h� mation ca?°ried tzrixnimously. .1'P YOINTM�NTS: The Citp ?�anager stated that C,ord�n Harstad of the Euilding Board represFnting Urard �3 co�ild not accept re-appcintmerit. Councilman Wolke asked if the appointment on Lhis a.a�ter could k*ait. until the rext mectir�. Mayor Nee stated that with rePerence +o the appointment to the P�ecreation Coirunission� he wo>>1d like to reccmmend th�t this be held cver� and let the Recreation Cotomission make a recommendntion. Counci3man Sheridan stated that he wished to talk with Glenn Thompson r.rith reference tc the Par•ks ancl Playgrounds Sub-committee appointment. There was no action taken crn an,y of the �+p�ointments, PI:�r� BIISINl,58: PiJ�'L1C HI�ARING ON /�ND IICGLPTEfhC"4 OP i�ITJAI PL11 i- SHi'IdGCL e,ilLIi1�P�_ The City P%�nagE.r re�d Lhe notice oI" hearing, I��r. 511eldon 1Qortenson was present and explained the locai,ion of tl�e nla+. There were no other persons appe�ring for or against the acce�tance n£ the final p1at. Motion by l;�olke to cl�se the hearing on the final �1a1, �f Sk,ytaoo�l Addition, �n� to aecept this as the finnl plst� and ' ' ' � � � ii� au�hnrize the Mayor and City Clerk to sign same. Secondeft Uy 3ohanson, Upon a voice vote� there bein�; no naysa the sotion carried unaaimonsly. PiJBLIC H��RIIvG ON AN� ACCEPTANC�' Or FINAL PLA'f - ANDCO TERP.�CL: I'he Gity Manager read the notice o£ hearing, A question was asx=3 who rrns Nation�l F`unds, The City En�ineer statsd that the neme o� the p1a tter was Lairy �nderson. rtr. Bro*dn� City Engineerr stated that the developer kneia that he could not bui3d or_ three of the Iots until such time as the half-streets are dedicated, Notion bTT Sohanson to elose the hearing on the iinal plat pf Ancico Terraee and acc�pt this as the final plat� and authorize the Mayor and City� Clerk to si�n same. Seconded bv �'ulke. Upon a voice vote, there being no nays� the motion cerried unar.imcusly, YIIBLIC HF�ARING ON AND A('C'�PTANCE OF FINAL PLAT - MP.TTSON ADDITIOTI: The City N,anager reafi the notice of hearing and pointecl out tha area on the map. The City Fn�ineer st¢ted that there was a question a� to who awned the driveti�ay comine of£ Gardena Avenue� for this was not included in the piat, Mation by Wolka to close the hearing on the final.plat o£ Mattsc�n Addition and to acaept this �s the final plat and authorize the Mayor and Cit�r C1erk to sign same. Seconded Li�T 8he°idan. Upon a voice vote� th�re being na nays� the motion carried unanimously. PIIBi�IC HEARING ON ANP ACC'FPTANCF Or PIN�1L PLAT - R10E C1�zyISK SCHOOL ADDYTION CONTINiTED PROPR � 1 'ol : � � T1_e City Mansger s tated that the hearing has been cor.tinued For quite some time, nut notices were delivered by hand to all of the people in the ar�a notif"ying 1-,hem that the matter was being conaidere:3 tonight. Mr. Kohlan, Cit;� Attorney, staced thaL if the record shows thai, it was a continued hearing� thai it would ne all right to consid�r ihis a hearing on the plat. i✓�^. Foslien was present ana pointed aut the area on the map, There was no one else present who wishe:] to speak for or against the acceptanre of this £inal p1at. Mation hy Sheridan to close the hearing on the final plat of kice Creek School,Addition and to accept this as the iinal pla t and aui,h�rize the I�Iayor and City C1erk to sign same. Seconded b�r Johanson, IIpon a voice votex there b�ing no nays� the mntion carried unanimously. BILS - OPFId�D NOOIY. JANtiARF 7. 1963 - GASOLINE: ihe City Manager announced that the following bids Grere opened at idoorza Januar�r '], 1963 in the presence of Citp Engineer Bro�m� Superintendent a£ Streets ChesneyF �ngineering Assistant Clark, and City h'fanager L^7agner: NPl�i�' & F3ID SECURITY Continenta_l Oil Comoany 912 Baker B] dg. Minnenpolis� M?nn. rederal Ins. Co, �500.00 Bid Rond Midland Cooperatices 739 Johnson St. N.?. hlinneapoiis, Minn. Certified Check �443.00 The Pise Oil Co. 13�b First St. South Dlinneapoli_s� Minn. Certified Check �4>5.00 RATING keg.91 Eth,9g Reg,91 Eth.98 Reg.91 Eth.98 Reg.92.5 Eth.99.5 Sinclair Refining Compsny Reg.91 P.O. Box 2Q19 �:th.98 Kansas City Q2� Mo, Certifia,d Check �460.00 FL�IBLE �0,283 �ess �J.100 = �0.183 v�.308 less G.100 = 4$0,208 FI�ED ti�0 ,1850 �"0 , 2125 � ai3O.1955 ;�o.zzSS �i��'.2�3 �ess (3.0715 = y10.I855 �.323 less O.GS?5 = �0.2155 �0,283 less o,l02 = �O,tc�l �0.323 less 0.107 = �'0.216 The City Msnager stiated that the City F,n;ineer had 5tazed +hat Midla�d Cbopa�atices� Inc. was the low bi�lder on the £lexible price, and Continental Oil Company �ras the l�w uidder on t?�e _ixed price� Afotion b,y Johanson to accept the low bid of P4idland Cooperatives, Inc. on the fluctuating bid and award the bid to Mioland @ooperatives, Inc. Seconded by �20 ti�'o`lke. Upon a v�ice vote� there being no s�aysy the motion carried unanitr.ousl�r, BIDS - GPENi;D NOON. JANUARY 7, 14b3 - ChZORIN�:; The City ManaQer announced the Following bids were opened a�. noon� January 7� 1963 in the presence oF City Engineer Bror�m' Superintendent of Streets and Utilities Chesney� 'E�hgineering Assistant C�ark� and City Manager idagner: � NAMr AND BID S`;CUI?ITY Hawizins Chemical� Inc. 31�0 Rcst Iiennapin biinneapolis� Nlinn. C�rt9.fied Check .`�150.OD Lyon Chemicsls, Inc. 2305 Hampd�n Avenu4 St, Pau� 1Qt Minn, CertifieQ Check �,�iL,7.87 McKesson � Robhins 111 - 22n3 Avenne N,E. Minn;�apolis 18y Minn. Certi£Ied Check �143.75 UNIT BID PRIC�; $�21.37 (per cyl.) �� 1.50 (per CWT) �$21. 37 (per cyl.) N11.50 (per CWT) ;�0.115 (per 1U.) �0.� 15 (per lh,) EST. SUB TOTAi. BID � L�27.Q0 (15a lbs.) �z,53o.00 (1-Ton) � 427.,k0 ��5a lbs.) 962, 530.00 (1-Ton) �u 345.00 �l �0 1 j9. � �2,53�.Oq (1-Ton) �STIMAT� TOTAL $2,957.40 less 2ro ais�ount �2,89g.25 No Discount "w�2,957.40 Net 30 days �p2, 875.00 The C3ty b1an,�ger st�t�d that the City Engineer had statec� that i.he low bidder was ri�IcILesson & RobUina Company. Motion by Sheridan to award the bid £or chlorin� purchas�s �ox• the ,year 19b3 to McKesson �r Robbins Company. Seconded by Brook. upon a vnice votei there being no na,ys, the motion carried unanimously. BOARn OF APPEAI,S MINU1��5 - DECE�IBER 19. 1902: The City I�I�naPer stal,ed that there was no action needed by the City Council on these minutes other than to receive them. Motion by Johanson to receiee the minutes and place them on File. Seconded by Sheridan, Upon n voice vote, there being no na�s� the motian carriad unanimousiy. �LAPIAiIAG CONA4�SSION MINQTT'S - DsCE4��? 2'7, 1 622: ADOnTION OF Mx:}+.TI1dG SC;P.�;�UL?, FO�t JANiJARY THROIIGH SEPT`�:MBER 1963;_ The Planning Comm�-ssion had ap,re�d on the advisability of not scheduling business item� during the la?ter part of Tu1,y and during Augusi, due to pos:�.ibiiit/ of l�ck oP qu�rrun, a:ia thr_ PI�,n�!i:�� ^_oGniis,;iun had adopted this schedule s�i�j�c'� �o �hangin� t'_ne meetisig of �ipri] li, 1'?63 t� Wednes�a�r, April 10i 1963, and de°er 3tems for. Jul,y 25th� August Sth, 22nd, un',il September 12� 1963� ii at all possi6le. Moti�n by i,'olke to copcur in the action oF ti.ie Flannin� Conunission« Seconcled by Sherldan, Upon a v�ice vote� theie being no nags, the motion carried unrini,-nously. RR('GNII�tFb]DATIOT� OF P1"Ul BiJILDSNG_ i.ATEGGRY P'OR �-?A A1�'L R-3�: The :lanning Co?nmission had recommended tha t a new zoning category� R-2A� be estabiisl�ed to restr�c't tiie area to double bungalows side bf side.type onlyy a nd a1sa, an R-3A category i.o 'be restricted to multiple dwelling use only �nd excluding ail pther present2y per-mitted R-3 uses. The City Nianager stated that iC the Sounoil concurs in this action oi' i,he Planning Commission� th� Planning Corr�rciission wo�ild then hold hearings on the mattei � and the Council- would also hold hearings on this matter. Mrs. Laur3e Jotm son asked if a person at the present tise owns a piece of �3 zo ning and if the R-3A zoning is a3opted� would the zoning change in Lhe piece aF prapertp not.r bein� held b,y the person. T11� Gity iJ�an��er stated ti7a� the present intention is to make thi.s applicablp only to �utL�se rezoning. Councilman Sheridan stated that he would like to see the R-2 and k-2A rever5ed. "'here are many parceZs in the comtnunit� whicn were rezonea in 1955, ana �ne neonle unaerstood a� i.na� �ima that time that the R-2 zoniag aas for double bungslows only. Councilman 41olke atated that he did not feel this could be done. Councilman Sheridan stated that he could bring a£fidavits of the people owning the land at the present time iF necessary. Couacilman Sheridan stated that when the parcels were rezoned in 1955� everyone was told , � � �Z� by the Council that R-2 zoning waa for tvo-family d�+ellings only, a nd the obj�ction of the people vas eliminnted by thie ztatemant. Councilman Wolke a tated that the Council would have to invite all oP the ownera of the R-2 propertq to come ia. Councilman Sheridan atated the total acreage involved ia not too great. Councilman Wolke atated that if thera were recordinge of this meeting� it could be proved. Mr. Kohlan� City Attorney, atated that the Covneil can always nttempt to rezone. The City Manager etated the Council could initiate rezonisg to R-2A. Couttcilman Wolk• stated that if the people were nat flilly aware of the rezoning, they would ha ve a case agsinat the City, Couacilman Johanson stated that he £elt the Pl�nning Commiasion ia moving in the right direction. Mr. Kohlan � recommended that the City Council hold hearing� on thie matter. Motion by Johaneon to cottCUr in the recommendation of ths Planning Coffiaiaeion with referenee to eatablishing a nev zqning category of R-2A and R-3A. Seconded by Wolke. Upon a voice vote� there being no nnpa, the �tion carried unanimouely. CONRrIUNICATIONS • The City Manager read the letter from Fdward Schwartzr Anoka Countg Adminiatrative Asaiatant to Mrt Alfied Bernstein� Maqor of the Village o� Blaine with reference to the Coun�y road wh3ch wae proposed to be built, and also, outlining the drainage problems in the area. The City Mat�ager auggeated that the Conaultiag F�gineer confer with the County Engiaeer to aee what ia involved in ihie. Mr. Rnutson oF Comatock and Davia� Inc. atated that aome time ago tho Council nnthorized a pre- liminary report togethar xit� the Village of Spring Iake Park for a certain area along Univarsitq Avenue North�ast, Mr. Knutson etatcd that this ia a common problem along elmoa t the entire length oP Unineraity Avenue. The City Manager stated that Comatock and Davia� Inc. could bring back more information on thia. Mayor Nee stated that Mr. Mike 0'Bannon had brought thie to his ettention. Motion by Johanson to receive the letter and glace it on file. Seconded by Sheridan. IIpon a voice vote, there being no mya� the motion carried unanimously. � REFERENCE PO ASSESSMENTSvIN SWAIdSTROM�S COURTsv �� y u� Vy Vy � �� The�e people had requeated that thsir eacrrnr depoa3t of �600.00 bs returned ineamuch as it was aot enough to cover the combined atreet and a torm sewer assessment. Mr. Kohlan etated that he wanted to be a1u�e that thia money was returned to the right party. Mr. Dahlen was present, atzd stated that there would be no uae in re�lmding the money to Mr. Stiaanstrom as the people would never see it then, Mr. Dahlen atated that it was his money. t�h�. Kohlan nsked what proof he had. Mra. Laurie Johneon s tated that in the flrture� the City ahould know who the money came f�om originally� and be �ure that they collected enough eserou, Mr. Kohlan atated that the check could be made out jointly to the property ownere and Mr. Swsnatrom. The City Mannger suggesEed the Gouncil dire�t the City Rttorney to make a report on thia ma tter. There vas considerable discuasion on thie matter as to who the money should go to and the process that would be nacessary to make enre the money did go to the right party. Motion bq Johanson to direct the City At,tsrney to make a report for the next Council meeting on thia mstter. Seconded by Wolke. Upon a voice vote, there being no naya� the motion carried unanimoualy. LETTER FROM MR LEROY KUGLIN WITH RSF'�?ENCE TO R�;fiOKING THE LICENSE OF MR SWANSTROMs Councilman Wolke atated tt�at the aain t}-ing the peraon should be concerned w3th was that pn the contract he signed� whether or not the assessmenta are to be paid for, � If it is F.H.A, or G.I. they have to be paid� but there ia nothing wrong with a co�entional mortgage not having the asseasments paid. Motion by Johanson to rece3ve tha letter end place it on file. Secogded by Wolke. Upon a voice vott, there being no.nsys� the motion carried unanimously. LETTER FROM DOWNING BOX COMPANY WITH REFERENCE TO THE WAT�'�R UTII,ITY RATES; Motion by Sheridan to rafer thia matter to the City Ehgiaeer en3 the Consulting Engineer for reniew, and to aee if there is any kind of an industrial rate that can be in�tituted. Seconded by Johanson. Upon a voice vote� there being no nays� the motion carrie� unanimously, VISITORS• f�� One of the gentlemen in the sudience asked when the Iron Removal Plant would be in operation and asked if he ahould buy a water softener. It was pointed out that the Iron Removal Plant will not e often the water� but would remove the iron. Mr. Knutsoa of Comatock and Davia, Ina stated th�t in hie judgment, the Iron Removal Plant wo!ld be in operation within 30 days to 6 weeka� and after the plant is in operation, the qualitq of the water will continne to improve, CLAIMS• ° Motion by Sheridan to approve General Cleims 7787 through 7975. Secondsd bp Johanson. Upon a voice vote, there being no nays� the motion carried vxtanimoualp, Motion by Johanson to approve �iquor Claims 49�3 through 4935. Seconded by Brook. Upon a voice vote� there being no naya� the motion carried unanimously. Motion by Brook to approve Public IItility Claima 2277 through 230g. Secondsd by Wolke. Upon a voice vote, there being no nays� the motion carried unanimous��. Motion by Wolke to authorize the return of �S�.flO c�rtified check: Secondmd by Johanaon. Upon a noice voter there being no nays, tha motion carried unanimoualy. LICENSES• Motion by Wolke to a pprove the following licenses: HEATING Vent & Canopy Company 100 North lat Street Minneapolis 1� Minnesota PLUMBING Leland C, Menz 8020 Jefferson St� N.E. M3nneapolis 32� Minnesota bys Walter Nielaen by: Leland Menz New Renewel Muller Iiardware Plbg. & Iitg. . Annandale� Minnesota . by: Robert M. Muller . New Seconded by Johanson. Upon a voice vote, there being no nays� the motion carried unanimously. Motion by Wolke to receive this petition and place it on File. Seconded by Sheridan. Upon a voice vote, there being no nays,�the motion carried unanimoualy. STORM SE[dE€t AGREN�7ENT - 59RD AUENUE TO F.A.I. #694 ON T.H. #47: Mr. Graydon Boeck of the Minnesota Highway Departmettt vas preaent and atated that there is a change of about 3�100the of a percent from the original proposal on this matter, Mr. Boeck atated that on the north side of Highway #100� there are som� mmtters to be cleared up that could amount to about 5� of the total price. There trss a diFference in the estimsted cost f�om the oae first eubmitted for thie etorm aewer work. The aouth aide of Highway #100 smems to be fairly well aettled. Mr. Boeck atate� that he would like to get on the agenda for the n�xt meeting� and that there was not too much else that could be done at this time. Mr. Wolke auggeated that Mr, Hoeck be put on the agenda for the next meeting as the fir�t item. Motion by Johaneon to table this matter utttil the meeting oP Tanuary 21, 1963. Secoaded bq Wolke. Upon a voice vote, there being no nays, the motion carried unanimously. PURLIC HEARING ON STORM S�r!ER: Mayor Nee asked if a public hearing should k�e held on this ato� aewer. Mr. � � ' {. � � gm r E� A � e,� K_ahlan stated that �e t�ould reeommend Lhat it be doile. M�yo� Nee aslced tf -c.�e City could entex intp an ag-reement before the hearinn was held. Mr, kohlan stated t?iat th�y could, The hearings are a procedural matte-r. The Cit�+ Clerk a�lced i� zhe Council would like to have a prelim2nary assessment roll mad� out. The CoUncil stated that they ��ou].d, The C�ts Clerk stated that it would t�ke some time to make tihis up after the Council decided to go ahead. Mot2on b�� Sheridan te direct the City Attorney to dravz up the proper resolLit�on to get started on �hzs s�:orm ecwer hearing. Seconded by Johanson. Upon a uoice �ote, there be�ng no nays, che moti�on carried unanimouslv. I2ESOLUTSON N0, �-]p63 - AliTI30RI7TRTG BIDS - iHRBE FOLICE CARS: Councilraan Johanson asl>ed why the City was buyinF three pol�ce cax�s at one tu�e. Nr. Johansor. Celt tihat it would be better �f the pLirchases were stagFered a littlz more� so that all three cars iaould not be worn eut at one time. Councllman Johai�- son also stated that he did not particular].y like the present pl�cards i.nat �,ere used on the eide o� tY:e cars. ^he City Nianager sti�ted tna� the lnd dyrec�ecl deliver�� thlrty days apart. Motion by Sherldan to pass tihe _eeolutiion author�zing the 'u�d ior the purchase of three police cars with the third car to be delivc-red 60 days atl,er the second c�r. Seconded by Johan�on. Upon a voice vote, there Ueu�g no na��s, i.he metion carried unan�mously. COSiSIDERATION OF R�'SOLU'1ION D;O. 207-�962 i•iIT�I RCFERENCE TO TFIE PiJS SERVICL: Motion b;�'s^Iolke Lo approve the form of this resolur,ion. Seconded by Sheridan. Upon a voire vore, there 'ceing no na}�s� the mo�;ion carried ixnaniniously. Id0 . �?�� t��w AD1D RESOr UTIODT PdO. 1 OF A Niotion by Sheridan to adop+. tre above reso]_utione. Seconcled Uy FIo]ke vote, there being no nays, the notion carrled u,lanimously. F1RST RE'A➢IIQG GP ORDIl�TAIVCL^ AD4ENDIIdG ORDI2�TANC1, 1}T0. %0 (LOT SIZPS DIY�CTING Upon a voice The Cit,y n4anage� read the amendment to Ordinance PSo, 70 in th ref'erence tio lot s�zes. The City Ni�nager etated that this cnuld be conside�ed as the first reading of satid ordinance �i' the Council �aiehed. Motion Uy Johanson to accept thls �s �,he flrst reading of the a6ove ordinance axid set the pub]ic hearing. Seconded b5� Sner�dan. Upon � voice votie, there being np nays, the motloi� carried unanimously. FIRi D�PAR'^MEPIT REPORT - �ULY i, 1962 TII�OUGI� 0� ROBERT S. HUG?IE�S �1S FIRE GHIPF, AD]D ARTHUR AS 1962 Mr. Robert S. IIughes} F'ire Chiei'� zaas nresent and asked if the Council �lso iaished to confirm the appointment of the Chiei and Ass�stanl, C12ief, Motioa by �dolke to receive tne Pire Department Report Por thc lasl halP o= 1962, and zo approve i,h� appointme.�t of Robert S. Hughe� as Fire Chief and 9rthur Olson as zhe Assistant r':re Chief. Seconded 65� Sheridan. Upon a volce vote, thexe being i�o nays, the ir,oi,ion c�rried unanimously. P+Ir. Lughes stated that the F1re Truck would be delivered any time from I�iarch througii June, and the Fire Department would have to have some piace to stoie this trucic indoors by next fa11. NO`PICE OI' HEARING - NOATH SUBURBAN SANITARY SEWER DISTRICT - SANUARY 15, 19�3� The Mayor took note of the fact triat the public hearing was being held oi� January 15a � 1963 �n i�he Spring Lake Parlc Aigh School at 5:00 P.1�!. on the PTorth Suburban Sa�itar5� Sewer Dlstrlct Improvement ro�ith a total cost es�z,nated at �'>21,2gD,000.00. b4otilon by Johansou to rece�ve thls notice and p]ace it on iile. Seconded by Wolke. Upon a volce vote� there being no n�ys, Lhe motion carried unammously. ,ESOLU`PIOTd N0, �-190'3 APPRO�IING LOT SPLI`P TO l.C�UIRC EASEI�IENT - TOT 1 AUDI^10P,'S f+iTi]TTiTTf1T/�TT TT/1 r]rl. �otion b� Glolke to adopti the a'oove resolution. Scconded by Brooli. Jpon a voice vote, there relno no nays, the motion carried unanlmously. PiOTICE OF HEIIRING j^?ITH REF'ERE�,TCF TO TIT� PFlkE IyC F�'�,SP BY �dI1T CITY RAPID 1RAS��SIT nnexnn�.rv rmnnrrrn r.m�n+renv � in_o. �.VPICHIVJ � 1tLtulalVU D4otion b,y Johanson �:o rer.eive thye no�ice and place �t on File. Seconded by Sheridan. Upon a voice votie, there being no naye� thc moi:ion carried' unanin�ously. �E _ /.i _� CONSIDr;RATION OF NIOlIONS TABLED JzzNIIARY 2, 1G63: AUTYORI7�11TIOV QP TIlE� CI7'Y D7APTAGPR TO NEGOTIATL FOR OFP'ICE SPAC� TN TI� 0 The G�ty P4anager reporLed that t,here �aer� two rooms available upstairs For a cost oS �135.00 per month, and there are three rooms available downstiairs for a cost of �225.00 peY month. The above pricee taould include heata lights and �an�torlal scrvices. The Cout�cll seem�d to Feel the three rooms do��nstairs �v�oc�l� be the bes�. P4r. Greig stated in vizw of things that have hapuened in i,he pas�, tl�re? y�ars, the City should negotiate ior che �,�nole building. Councll- m�n Wolke szzted that the Ci�y is �tarting to tall� abouti a lot o? monFy� and �t might b� bc-tter to purchase one oi' the adjacent houseG rath�r than to oay a11 of � lh?s nioney in rcnt. Tha City �anager pointed out th�t P�Irs. A4iekowzc �.�ould rec{uirc a two-year leasc on tl�as pro�erty, Councalman Joh�nson �tated that he woulr� agree that lt �aould be normally better �o buy than to rent ii thic were poseible. P�[otion Uy Johaason to •,utho�°� ze the Clzy Mar.ager to ne�otaate a contrac�, iar the three rooms on the �round _loor of the Bus�ne°s and ProPessional Building with an op�ioi� to purchaAe, anQ hav� the contract brough� bac�; to the Ctty Couneil �or approval. Seconderl by Woll-e. U�on a voic� vote, tl;ere Ueing no nays, tlze motion earried unanzmouslv. PflSCROFIL'M1NG OF R},CORDS: The Ci�y Mai-ager Gtia�cd ti�at tihe xecoti':;s should be mlcroCilr��ed iahetner or noc �n° �n�ineering DepartmeA7t movo� to the other buildin�. lte is getting costs on i,LiE at �he preecnc ti�re. �`1 viewei iaould cost app��ov�_mately �71j.00. Councilman Sohrnsou explained �o the audience the need for microillming oi Che records in cas. i,he� wexe de=trc},�d Uy =iiz� so �;ncy could 7ae repl�ced. Moticn by Johansor, to auihorize �i�e City Manager to gaz �he co=t Figu:es on the microCilming o� the Cltiy Recorde. Seco�zded by 4dolice. Upon a voice voL-e, tilcre Uein� no nays, the moL-,_on carr�e�l ut�,nlmously. �EF�IGNP�NT �r� TF➢? BJILDr�� 3NSPLCTTON DEPAI3TMLNT i� PLACSNG TIIC INSPGCTION DEPARTNLIV!' UD�]LF THE; SUPPP,VISIOIQ OF THE C1T7'' LNGLTEER: Councilman U�o1ke stared that �•�hen �Iyles Tyler was head oP the I3uildin� Tnapeetiion � ➢epartment, he �Longht tihat th? Inep�ction D�,partraent should hz under che t;lty Engineery and he still telt this way, and Y�� would liYe to see both lnspectoi:�, the present plumL�nP and buildin� inspectors, cons�dezeo to be on the same level. The C1Ly l�la�ia�er asl.ed iC i,he3� could check over the ;natter of whei,hEr or not it �aould be possible co move tne Inspection Departmznt into the Lngineering o�fice beFore the move wa,s accornplished, as there mi�ht °ue a sp�ce ?�robleir�. P�4oL-�on by Joh�nson to place �he Building Tnspeetion Depariment under the supervision o1' the City �n- �ineer, �nd iF at all possible to physically move -che Inspectlon Department ynto ihe C�ty Englncel's oFfice. Seconded by �,olke. U�on a vozce vote, there beir�� no n�ys� t;2e motlon cari�ied unanimously. Rr�NOC.OTIATION OF A COT4^1R1IC`P WITH CONSTOCI{ AiW DAVTS, INC., CONSULTIN(s LTdGS1VEER5: Conncilman Johaneon stated that Le wished to re-phrase h�s previous mntio,� a llttle bzt. �1'fotioi� by Johanson to have the C�ty Councll and C1Ly Manager net;o�iate a cha�ge izi the eontr;ct iaiLh Comstoclr and DaviG, Inc., Gorsultln� Pngineer�, erd f'urther that all woilc proceseed b� s�id Pi-rm be accepzed only after cotnplete approval of the Ci:y Engineer, and tlie C�ty Manager. Seconded by Sheridan. 1Jpon a voice vot2� there being no say;1 the mo�2o�t carried un�nimouel.y. CST�' ATTORNEY: Cot�ncilman Johaneori etated that he had tal_l;ed wzth �he Citiy Ni�torney and had asLed thati this mat�er be L-�ablcd For a period or not to exceed 60 days before it zs acted on. iQotior by Jol�anson to table �he maL-ter of' the C�ty Attorncy resi�ning irara ' eitl�er the C;ity or the Piori,h 8uburban Sanizary Sewer Disi.rict Fcr a pertiod not 'i,o e}-ceed 60 c3a�•s, and UeFore it i� �roughz back to the Council, the C1ty Atccrney and the Cit; Man�ger and �he City Council meet in executive session to iron aut some oi the proUlems_ Seconded hy Wol:�e. upon a voice vote, tnere bein� no nays, the motlon carried imanirnously. SECRliTAtY TO THE CITY CCUPTCIL: Councllman Sherldan stated thai: ha had contiacted Sue P�isl�owic w.�th reierence to act�ng �s the Secret2ry for the Citp Councll and takln� the City Council minutes� ai�d she liad a<<reed to do thas. Councllman 4lolke asked z�het the salary cons�dexatlons ieere. Couac�lm�n Sherld�n szat�d zhat she had agreed to do this For yS'30.00 per month, plus an hou;°l�� basls for the t� anccribing of the minui;es � � � �� � at the regula�r public secretarial rate. Motion by Sheridan to appoint Sue Miskowic as the Secretary for the City Council for the year 1963. Seconded by Wolke. Upon a voice vote} there being no nays, the motion carried unanimously. Mr, Koh7an pointed out that they now have a tape on a portable tape recorder that will play two hours on one tape and the recorder wculd cost about �13G.00. Mr. Greig stated that the City is getting top heavy� and asked if these minutes could not be taken by one of the regular people who work at the Cit,y- Ha71. Councilman Wolke stated that this persro n would be under the direction of the City Council ar.d would not be under the direction of anyune else at the City Ha11. SPEAKER SYSTEM: Councilman Sheridan stated that there should be a speaker system £or the City Hall as well as a recorder. Motion by Sheridan to authorize the City Manager to check both the rental and p�rchase o£ a speaker sy�Stem for the City Hall, as well as a recorder. Seconded by Wolke. Upon a voice vote} there being no nays, the motion carried unanimw sly. PUBLIC SAFETY COMMITTEE: M�,yor Nee stated that Donald Wegler and Robert Shaw had agreed to serve on a Public Safety Committee. Motion by Sheridan tA appoint a Steering Committee of Donald Wegler and Robert Shaw to serve on and form a Public Safety Committee. Seconded by Johanson. Upon a voice vote� there being no nays� the motion carr•ied unanunously. RETAINING SERVICES OF A TECHNICAL PERSON TO AID MR. NEE AND MR. NAGEL ON THE IQORTH SUBURBAN SANITARY SEWER DISTRICT: Mayor Nee statedkhat Bob Minder has of£ered some constructive criticism with rererence to the di££erent items that have come up, and he would like to hire hun on � short retainer basis to advise Mr. Na�el and h�mself on the technical problems involved in this Sanitary Sewer District. Mr, Nagel asked i£ he would not serve as an interested citizen rathes than hiring him. Mr, Nagel stated that he has been talking with several people� and the District has problems. Mx. Greig asked who would pay £or the Engineer. M�yor Nee stated that this was a compromise. Counci]man Johanson stated that with reference to the previous dlscussion of the Consulting Engineer and the C�ty Attorney, he woald £eel that it would be better if a third party was involved in this m�tter. Mr. Greig stated that there are six communities that formed this North Subur'�an Sanitary Sewer District� and the City is fortunate to have their Counselor as tne attorney for the District. Mayor Nee stated that a grcup of citizens had approached hun� and asked him several questions with regard to thisa and this group did hire Mr. Minder to advise them. Mr. Nagel stated that if the City does hire an e}cpert, that they go beyond Fridley, Councilman Johanson stated that maybe the problem is solved now that all of the work of the Consultin� Eng�_neers will be approved by the City Engineer. Mayor Nee stated that this commitLee that had called on hun, had asked him several technical questions. Councilman Wolke stated that he did noe know anything about this corrm�ittee, and asked who was on it. There was no action taker,. CASE OF HAUGEN, JOHNSDN, MCDOPIALD, STEINKE VS. ARVID CA�I.SON AND THE CITY OF FRIDLEY: The City Attorney had directed a letter to the City Counc�_1 reparrtiing that these families had claimed �2,500.00 for each family as property aemage incurred by the flooding of the Parkview Heights area� and that he has now negotiated a complete settlement and satisfaction of a11 claims upon payment b�� the City to said plaintiffs o£ the sum o£ �3�5,00 total £or all c]aims, costs, and expenses involved. Motion by Wolke to approve this �375.OD settlement. Seconded by Sheridan. Upon a voice vote, there being no nays� the motion carried unanimousl,y. CLAIM - SE�nIER BACKIIP DAMAGE - 800 BI�OCK OId MISSISSIPPI STREBT: Mr. Neisuis� 821 Miesissippi Street '�ortheast and Mr. Ahrens, 831 Mississippi Street Northeast� Mrs. Zegland, 8l�1 Mississippi Street Northeast, Mr. Jacobsen� 811 Mississippi Street Northeast, Mr. Carl Lundin, 851 Mississippi Street Northeast, had submitted claims in varying �nounts� and the City�s insurance carrier had denied said c7.aims. Mr. Kohlan reported in his letter to the Council that the sewer backup resulted wher the lines were flushed and a large amount of water discharged into the sewer lines, and a claim was being made against the City, and he was recommending authority to the Manager and the City Attorney to negotiate a settlemer.t before this results in a law suit. Motion b,y Johanson to authorize the City Manager and City Attorney to negotiate £or a s�ttlement, Seconded by Wolke. Upon a voice vote, there being no naysa the motion carried unanimously. SEWER hORK ON MISSISSIPPI STREET: � `� h � Mr. Kohlan reported in a letter to the Cii.y Council that a failure or £ault had occurred in the sewer work on Mississippi Street� and there appears to be a failure developing in the l�ne on Cheri Lane which will likewise require regular repair� and these will involve additional expense to the City unless exp�nses ean be recovered by some means. The responsibility for this failure is not within the province o£ the City Attorney to determzne. As an attorney� he must rely on engineering information and advice� and there is a difference of opinion between the City, Contractor� and the Eng�neFrs of the Citg� both the Consulting Engineers and the City Engineer. It has been suggested that the City obtain advisory service of a separate consultant £rom the outside area for the purpose of having such expert ' consultant view the premises and the failures resulting� and advising the City as to whether or not there is a merit in the City attempting to recover expenses and repair from the Contractor or otherwise, and except and unless the contractor and the City and any engineer affected would be willing to ab�.de by tbe determination by such third party expert, the opinion of such third party would be only advisory and could not be binding an the parties. I£ the Council is desirous of obtaining such advice for the City for the use aa�d benefit of the City Attorney� the.Council should authorize the City 1°lanager to obtain such further separate advice on an engineerin� level. The City Manager stated that the City did not wish to start any of this repair work until this matter was resolved as it might prejudice the City�s case. There was considerable discussion as to who would be the third partys and where he should be obtained. Councilman Wolke asked what the estimated cost of the repair was. The Cit,y Manager stated that the last repair cost �5,`j00,00. Council- man Wolke stated there could be a problem on the different parties agreeing on the third party. Nlr. Kohlan stated that if the City starts the repair work itsel£�, it, might prejudice ltself. The work is underground at the present time� so it cannot actually be seen. Mr. Kohlan �eported that Lametti and Sons did the work. Councilman Wolke stated that it could be opened under the supervision o£ the City Engineer� the Consulting Engineer� and thE thixd party. The City ManagEr stated that this third party should be from outside the Twin City area� and he would estimate it wauld cost £rom �6D0.00 to �$700.00 for four days work. Councilman Johanson stated that the City should do this. Councilman Brook asked what the Consulting Engineers had to sav about this. Mr. Knutson of Comstock and Davis� Inc., stated that the basic problem is that the water table has risen-due to the wet season. Council- man Brook asked i£ they had inspectors on the job, and did it look okay to them ' at that time. hir, Knutson stated that it did. Cauncilman Brook stated that he noticed the pipe was over to one side on a previous break which had occLrred in the area. The base did not appear to be too gaod. The City Engineer reported that the City had had about eight breaks from 1958 through 1962, which have cost approximately �3D�OQ0,00 to repair� and he is interested in some procedure to follow to protect the City�s rights when effecting the repairs. There are di,£f- erences of opinion as to the reason for so many repairs. Everyone might be satisiied if an outside expert would be brought in. Councilman Wolke stated tha� all o£ the p mblem areas should be opened up. Motion by Johanson to authorize the City Attorney to proceed to devalop a proposal to get an outside Consultant to come in. Seconded by Wolke. Upon a voice vote, there being no nays� the motion carried unanimously. AD JOURNN� T : There being no further business� Mayor Nee declared the meet�ng adjourned. Respectfully submitted: Marv�ru � Secretary to the Council C���.� �� � MAYOR - W��TIF am S. Nee r' L l/ �