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06/03/1963 - 000232691� iP it �rae ,omething that isn`t gaing tt5' cost too much he c0uld,�see no'�reaeori'to hold rt up because the area had to be eerviced. The City Mane�er�said 'he would have Cygures a� i,he next regular meettng on the above,"item: ,°'�,';' i i;;," i(,i „' ' The City Manager s�ated he had a Proclamation From the,oi'ficei�fof�C�3:vil�b�ePense and Governor Rolvaag, o� the ;tate oP Minnesota� which, it was��r,equeatedl,l�ths��t'f the Cii,,y Council permit their employeea to spend 12 hour in,June each on�st�r- vival training during working hours. The City Manager eXplained-3f �he Council wishes i,o follow through on thie there is close to 350 employees already auth- orized from other communities. He ftixrther explained the City�oi��F2id1��'dould do th�s i'rom 3 P.M. to 5 P. M, on Wednesdays,and Fridaye in June ii the;Council wi�hee to donate 12 hours of eflch employees time in the month of June. ' i � � , Dlotion by Johaneon to receive and file the above described letter.:'Seconded by 47olke. iJpon a voice vote� there being no nays� the motion caTriedSUhanimously. � Mz�yor Nee announced to the City Council there was a notification,from the County Ai.torney's offic.e concerning a diFference of apinion with Minneaota,and,On�ario Compariy regardin� taxes. ,'�;� r' , � � �� Motion by Johan�on to receive said letter from the office of the County Attorney. \ Seconded b,y Wollce. Upon a voice vote� there being no nays� the motion',cArr3�ed unanimous]y. ADJOUIiN : � There being no further business, Mayor Nee declared the Meeting adjourned. t � � Respect£u71y suhmitted; � ir� L�,�� . ��I � ��ic�� //GG��u�G�-' � Sue Mi�ko�aic ayor � Wi am,J.� ee Secretary to the Council � „ � � ! i , � �� REGULAR COUNCIL ME�TING - JUNF 3� i963: � � i , , � � �� ; j � � � � i � „ � A regular meetin� of the City Council of the City of Fridley Wes'called to oI'der by Mayor Nee at 8:06 P.M. „ �� n,�, � i � � � ROI�L CALL: � Members Present: Johanson� Nee, Sheriden� Wolke, Brook,arr3.ved, at 9:28 P.M. Members Absent: Nane � � � �� ' , � „'�" � � �� " 1 , APPROVAI� OF MINLITES - RL'.GULAR MEETING� MAY 20, 1963: � � ��i'� i� �� „i Councilman Sheriflan sddxessed the City Council and atated he 'w�3�hed �o'c,l�r3fy ior the records and fbr the party involved under item 1abe�l�cl,��'�'RepoFt on��55��F<j b,y Comstock and Davis� Inc.," on page 3 of May 20� i963 meetin�,,that theptnot3on was to include the legal deecrip�ion� Zot one (1) Bloek,one',�'1��'Mu�r,dix��Par,k• and Lot ei�ht {i) Auditor's Sut�division No. 155i and also ahoUld'b��,i^epepted� beloz� tin the fui,ure assessment on drainage. � �� j �r� 'F � � � � �'r , Motion by S1�eridan to correct �he minutes as s�ated above'of�I,t,he�May 20��1963 meeting. :econded by Wolke. Upon a voice vote, there being ho nays,,,the mo- tion cprried unanimouely. � � "'� �, ,'�� '� , , City Attorney ICohlan addressed the City Council and sta�ed he wiehe'd to clarify ior the records regarding the Edgewater Gardens property tha�''in;the'item'where �� ', a � i� � ,� � , �� Ili � I li i � Y Mr. Hohn's name �appears� it was actuelly�,'�d be Mr. Glisan because Mr. Glisan has undertakcn,�o,eaTry out the agreement t,ha't'both he and Mr, Hohn hE3d made with the . City oP F�idley. 'He iurther explained �Hat Mr. Hohn is not putting any monies in this pro��xty.� � �i, � Motion by�Johanson to correct the minutes as �tated above of the May ?0, 1963 meet- ing. Secpnded by,Wolke. Upon a voice vote� there being no nays� the motion carr�ed unanimousily . , _ Motion'by Johanson,to approve the minutes of the regular meeting of May 20, 1963 es �� prepared and correeted. Seconded by Sheridan. Upon a voice vote, there being no nays, the motion carried unanimously. ��, � It was�eteted the,;party in questian would like to get e letter from the City Clerk's ofiice to the County_Auditor testifyin� to the foct thet the city has stricken these assesements'off o�' the,above described lots.�The City Manager stated ttiis item need- ed no council actfon, that he would take cere of request. OLD BUSINESS: SECOND'READING OF ORDINANCE #239 REZONING LOTS 16 AND 171 BROOKVIEW (R-1 TO R-3)• „ i Mayor P1ee snnopnced this was a second reading of an ordinance rezoning Lots 16 and 17� Brookview, The�City Manager,�gave second reading of said ordinance. . � � Motion•by'Wolke tp accept this as the second rearling of Ordinance {�239 rezoning Lots 16,and^'17� Arookview from R-1 to R-3, adopt and publish same. Seconded by Sheridan'. xUpon e'voice vote� there being no nays� the motion carried un�nimously. I i STORM�$EWER FOR T'. $. #100 (TABLED 5/20/63): � Mayor�Nee announced this was a poseible discussion on the storm sewer for T. H. ��100 and requestPd Mr. Ice Comstock� consultinE; erigineer, to sPeak in Lhis regard. Mr. Cometock stated he had been in cont�ct with Mr. R. D. Thom�s w}io h�d said thot the hydraulic section of the State IIighway Department hsd issued a report ai, t,his time and wee cheekin� same to be forwerded to the engineers. Mr. Comstock further steted the matter hed been discussed with Mr. Louven of the Sta1.e Highway ➢epart- ment and they wer� awaiting a review f'rom Mr. AmachP. The Cit,y b7anaE;ex• explained he had at�empted to talk with the City of Colnmb�a Heights and hed been u�nU]e to contact the propeT persons but that he had spolcen with Mr. P9cFadden an�3 t,o1d hZm to advdee his office the instant they had an,y desigr�. There was no nction taken. � � -, ,,.t; i,j� , i � � NEW BUSINESS:�' ''��'�' � � , ., PUBLIC i]EARING ON' IMPROVEMENT - SW ��65: �Mayor�Nee'"ennouric�ed 'this�was a public hearing on Improvement BW %�65 and req�ested that i,tem tie pointed out on map. The City Manager read the Notir_e of HFaring. Mayor"'Nee ae$ed,l,ii there were anyone preseht who wished to be her3rd re�ardln�3 Im- prodeinent'SW �65: He further explained this was item on 77th LTay between the rai7- mo�id biecks, and"Esat River Roed. Councilmen Johenson reqtaested i,o ]cnow iF the�e were the final plane and specificEitions end were i,hey subieet i,o bern;; clerared by the City Engineer'. ��The City ManagPr stated they could order f'inr�l p1�ns and spec�- ficatione and r,eceive also. Councilman Johanson asked what method the Cii.y Manager �� proposed to ?o11ow end was told this procedum would be according to Council direct- ion on how faet they would want to proceed. Mayor �ee raised i;he queet�on if Lhis flowed into the �aet River Roed interceptor and was told it did. Mr. Cometock ex- plainefl thie had been lifted from Pro,ject #61 by Council request and Purther ex- pinined there were�no crosaings under this pro,7ect. Mayor Nee ��keQ if there was a need to go up to the right-oT-way and waeltold hy Mr. Comsi.ock that it etops about 30 ieet from the west edge of the righi,-of-way, that it services the lot to the South.�'Meyor Nee asked if there were anyone who wished to be heerd on th�s improdement. Np"ione appeared for or egainst the announced improvement. Mayor Nee declared the hearing cloaed. R�SOi,UTION #92-19E3 ORDERING IMPROVEMENT AND FIPTFII� PLAPiS AND SYECiFICATIONS-SW��65: O �i � �� , � � , ,, Motion by Ylolke to adopt Resolution #92-i963 ordering improvement and fi'haL plans and specifications - Sanitory Sewer and Ldater Praject #6$. 'Seconded by �heridan. Upon o voice vote� there bein� no nays� tbe motion carried ,unapimovsly�.+,�;��'��,�� PUBI�IC NE4RTNG ON IMPfiOVFMENT - SS �64: --- Mayor Nee announced this wes a public hearing on Improvement SS �4,. The City Manager read the Notice of Hec�ring and explained this'was brought to the'stten- I tion of the Ctty Council but ot the time it was not st�ted who tt�e bwner was, ' that �t was mostly Meadowmoor Terrace and Mr. Ernest Madsen•b,ptlit didn�t show � him as the owner. The F�nance D�rector explained the ownertl'oi',record. Coun- cilman �TOhanson stated the Council had seen no petitions of any,kind fxom the owner and inquired if the representat3ve had powers of,thi5 kind. Counc3lman Wolke inquired of ihe C3ty Manager why, because of the,''�imvolymgn��,he ha�lm'ti� contacted Mr. Madsen. The Cit,y Manager replied thia wae becauae thie �mprove- ment h�d Ueen by Council direction. Mr. Comstock, coneulting�engineer, explained this w�:s carrCed in the original instructions for Storm Sewer�Project #62 whanh were �iven to h�s coneern to prepare a report on and there hsd been„e rlqueet from E& M Development Company submitted i,o t17e Council requesting�`thatlthi's be removed ii the City Council washed to proceed. He'�furthe�',;,i'2xpla�ne.d��thi:s'''' item had been lifted and given � new number and a hearing 1i9R1�Pi�bEeti ordesea on thai, basis. Mayor Nee asked ii' thexe were r3nyane pxesent who,��w�ehe�l to,be'��heard on lmprovement SS �64. � � � �k �� M�s. Ari,illa Prickeon of 7571 Central Avenue N. E. was present and rai9ed the quection of tl�e originator of this request and was told Mr. Erneat Madsen. She further requested to know if Mr. Gideo� another owner�'„had;sa3'd ariything.,,Meyor Nee answered thet Mr. Gideo had already atated his oppoeit'ian.'i' Mayor,NeA,�ex- plained the areas and how much the assessments would be for esch b'�iMrB�.�ETichaon and requeated Lo know if she intended to register opposition. Mrs.lErickson, stat,ed she wished to know more about the asseesments and what'period,pf years were they spread overa ten or twenty years. Councilmen�Sheridan �Xplained to Mrs. Ericiccon Lhis was the time to register any objections orleomioente on this item. Mrs, �rickson stai,ed that as she understood th3s�matteiy Mr.;Madtleni. needed tY>>G s{.orm sewer to obtain F. H. A. approval for the,'lota. C,ity Attor- ney Kohlan raised the question to Mr�. Erickson if Mr. Madaea 'were �Urchasing . her property and was told he was not but that the�property;��,in'j,questSon was next to theirs. Mrr.. Erickson announced to the City Council she Wo1�ld�not'p�tess any objections. Councilman Wolke aeked Mrs. �rcikson t'hat iAaemueh ae sHe wae not a developer, would,she like i,a have the assessment ove� a longer peribfl of time and Mrs. Eriekson replied �hat she would. �� •�,��„'. ' It was requested that Council Minutes should read �hat'the,Flr�,icksoAS'sho�tld,be considered for Lhe longer period of time on asaessmente. Msyor N�e declared y the hearing closed. Motion t�y Sheridan to receive the'letter of objection from Micheel Gideo of 7551 Central Avenue N. E. and note a�me'.�'�,'Sec,pnded by '� Johaneon. Upon a voice vote, there being no nays� the motion carried'unanimously. i � RESOLUTION ��93-i963 ORDBRING IMPROVEMENT AND FINAL , -- -- �—� - , , k��rl,�� i,�l,� � , Motion Uy Wolke to adopt Resolution �93-i963 ordering improvement�'8nd Yinal plans " and sperifications, Storm Sewer Project No. 6�+ with the'notat3,on';that,co�sider- ation be�iven i,o Fred�rick F, and Artilla Erickson of 75'jl Oeri'tra]. Avenue ,N.E. for a longer period oi time in the spread of assessments. SeGOn$ed by,J,phanson. Upon a votce vai,e� there being no nays, the motion carried-uua�nimauely.� ' � � i'� � � ri �ms - sw �63 (oPEt�D NooN, atm� 3, 1963): � � � , "y, � � I � � ��, �,� Mayor NPe announced this was in regard to a bid opeuing�on�SWi�G3'.,��The.�Gi�yii Manager stated he had opened bids in the presenee o� Mr. "KnU'Ss��n, Q�'r0om��to,a�k' , and Davi�, Inc., consul�ing engineers snd Darrell Clark of the,�,C1'ty,EngineeT's office as 1NSted below: �� "�� '„ �� ' '� " PI�ANiiOLDEI� BID BOND LUMP STJM BTD� ��, '°'dOMPI��'SON��1'INI� `'r"'_ ,— Knutson-Seurer, Inc. Pacific Natiopal $23,863•5�� +5 eal:,�days Minneapolis 30, Minn. Insurance Co. 5°� '' , ��;�' . , . � � � , � '� ,;� , ' �'�, �i�,,n �� Berba xroa s�; °&� i6Qna �a , Inc . 402 33rd Avenue�'iNorth St. Cloud,l',Minneeota James D. WolYf��Company 2227 East Co. Road "F" St. Paul 10, M�nnesote St: Pavl Fire & Marine 5� Ohio Farmers Insurance 5'� F. D. Chapmen'Contruction Co: Paciiic Nationa] 2809 Alabame Avenue � Insurance Co. 5� � Minneapolis 16'�,Mihnesota � Crystal Excavating Co. St. Paul Fire & 5272 West Broa3way Marine 5� Minneapblie 22y„'Minn. �- Herbst Construction C o. 1550 Highvay;#lo Minneapolis'l0y Minn. Montgomery Contsruction Co St. Croix Falls, Wisoonsin Pacific National Insurance Ca..S,� Federal Insurance Company 10`� $22,65o.8E� $25,272.56 $25,82o.So �26,340.00 �20�237.1fi $28,SE1c�.00 60 ca1, days �0 c�.l, days 5o �ai. aay6 None Sta ted or Speclfied FO cd. days 45 cal. days Sandstrotr! & Hafner Travelers $21�400.00 A:- Specified 749 Foreat ,Dale �toad 5� New $righte'n 12;' Minn. Mr. Comstock� consulting engineer� stated the low bid was 18°,� in exr_ess of the cost diacussed„at public hearing and pending Counr_il action he suggested Lhe Council reftdvertise the public hearing. Ma,yor Nee rai�ed the question of the length oi,�,time'�'�the bifle would be good ior. ti,,, , � � A�discussion per3od Yollowed in which the City M�uager raised the qnestion to the consulting engineer of the figure used for the 13��. He was toLd the,y had talcen the'Herbat Conatruction bid of $20,237.1b and added to thot 15`r� s�luch amounted to a total of �23�276.26 and compared that with tlieir prelimin�3�^y x•eport of $19,680.00; aleo the item missing was the administrative costs talked ataoui, at the public hearing., City Attorney Kohlan stated the point to be determined wae whether or not the property owners affected would si,ill >>ant thls improvement, thai, some of the adjoinin({ property owners would sti11 want to go ahead �ait,Yi t,hi; improve- ment even'though it is 18�0 over the estimate. He further expl�iined to the City Council thie did not require any publishe3 notice but in the iiiterest of �nfor- mation� the parties effected ought to be contacted and have some l:ind of a f'urther heaxin� heldy,otherwise the Council could determine either i,o r_ancel or �o aheed with this'improbement. Councilman Johaneon stated there were �ust l,hree parties affected: Councilman Wolke requested the Finance Director work out the assess- ment ratio. Moti,on by Wolke to rec�ive the bids on SW #63 and notify the pari,ie� involved x•e- que9ting they be' present et o hearing a� i.he next regular meet�ng. C11,y Attarney I{ohl�n euggested the pa�ties involved eould meei, with tY?e City ManaQer and eng�- neer and coniiTCn their determination by mail, but that all parties should be notiPded., Mayor'Nee etated that two of bhe three parties didn't protest Lhe improvement and the third party was in favor of same. City Attorney Kohlan ex- plained that ae there were onl,y three parties lnvolved the adm mistr�tion roight he able to make'leome attempt at mail contact and if not, the Council could have it'set for'the' hext regular meeting. Councilmen Jahanson requested to know if this would dels� the contruction and was told it would by Councilman Wolke. City qttofrney K'ohlan etated that as the party requesting the improvement was 1.he the Pure Ai'T Rest'Home the State Board oF Health would have to be notifted. Councilman Johaileon requeeted to know the status of the easement problen with the S,budeb'ake'r;Corporation and expressed the opinion if it wasn't possible to send�e le`tt�rl to the'$tUdebaker Corporation and assume in two weeks absence of a reply'that �they don't oppose said improvement. . Motion by-Wtl1ke' to receive the bids on SW �63 flnd have the City Manager notify the parti'ea involVed that the City Council would like to have them come to the City Hall'for'an andience with the City Manager to have this storm sewer request explained� and request their presence before the next regular meeiing; iF object- ions'sre not presented, the bid would be let. � �� Councilman Sheridan requoated to know the names of the three parties involved and was told th� Pure Air Rest Home, Studebaker Corporation and'NbrthArn Ord�ance. �� . ' 1� � Seconded by Sheriden. Upon a voice vote, there being no nays��'the motion earried unanimousl,y. BUILDING BOARD, MAY,22� 1963_ FOR A BUSLDING P1:RMIT BY LYNWOOD INC �� , �li � ; ' I . �INTERLACfIEN i �.v�v��u,��iivi� - L.�iirviii�� vvui ve y�,�_,v�vvv.vv'n1-�Jr�vv,l:r.n.�irna.�r.n nvnu. � _�_ � 4� �', i � The C11,y Manager read the recommenda�ion of �he Building Boaxd:' Motion by Wo�ke to concur vrith the recommendation of the Building Board and grant the bu3lding permit requesi,ed by Lynwood Manor� Inc. f�r n nureing home to he locsted at j700 Pasb Rlver Road. Seconded by Sheridan. Upon a voiee vote� there being no nays� the motion carried unanimously. �� ,, RE�Q,UEST FOR A MOVING PERMIT BY CAL GOULD TO MOV� A GARAGE�FROM 7419 EAST RIVER ROAD TO 7029 EA�iT R1VE;R ROAD: � � ' - ----- The City Manager read the recommendation of the Building Board ata�eing,thic was with the imder�ianding that the �100.00 bond would be forfeit after 60 dsys if worlc r�as not completed. Motion by Wolke to concur with the re�ommenda�tion of the Building Buard and grant the request for a moving permit'by C�1+Gou18��sub- ject Lo the por,ting of a$100.00 bond, wh5ch would be returned",rrith�:n E)0'days if i,hc ga�•a�;e ho� been moved and the exterior completed. Se.conded b,y Sheridan. Upon a vo�ce vote, there being no nays, the motion carried unAnimottsly. ' �� ' � � � REQiJ�ST POR A BIIILDING PLRMIT FOR A TRI-PL� AT 5E301 2ND `STREIET NORTE�A$T LOTS< l�AND 17, BLOCK 23, HYDE PARI{ ADDITION - 51 x 2 FEET� FRAME'CONSIPRUCTTON, FSTIMA7'ED COST OP 23,000.00 BY JA-ICEN� INC.:� � � �'�„�f F IV_� � - � The Cii.,y Mana�;er read the recommendati'on of the Suilding Board'enfl�9tipuj.ations regerding windows in the bu3lding. Councilman Johanson_explgi'riedyt0�the''City Council tlie �lans had looked impropen withou� windows anrl he 'kl��d sgqcteated i seme be put in. Motion by Wolke to concur with the recommendationrof'�the� Build- ing Bo�rd �nd E;rant r�queet for a building permit for a tri-plex tol,b� located at 5f301 2>>d S6reet Northeast suUject to the sti.pulations, plsae$ on tHis Yte4uest by the Buildin�>, Board. Seconded by Sheridan. Upon a voice vot�e� there be�,ng no n�ys, i,he mot,ion carried unanimously. �� '� �� .� � �,� � � � � I R�q,UR;T POR A T3UZLDING PFRMIT AT ]17 MISSISSIPPI uTREET FOR A'FOUR-iLEX '36,FT. SY <� PT. - F'RANfE CONSTRUCTION AT A 30,000.00 ESTIMATED COST BY CARLI JOHIVSON: -- �, i � � i 'i, 'S'he City Manag�r read the recommendat2on of the Bu�1diT�g BoaYd and expla�ned to the Cit,y Cotmcxl this was the buildi_ng behind the service staiC�.opfbh„M3s'eiesippi Street N. E. and East River ftoad. Couacilman Johansom'&sked��MT.��lohnsbta�who gave him pPS•mis=ion to put in the blocks without a building pex`mi,t.�' Couneilman Wo]ke st�i;ed thie was the buildin� they had tz�lked about in x�l�'t10n to Missis- sippti StrPei, heing pu� throu�h. Mr. Car] Johnson wae �presentPll$nj8,'s��p�t�d��„he,�had put in foot�n�t even though he had been told it was in violatl0n�-,�h�ta�hGi�men � h�d come and lsud some blocks. � , "' ;'i�^,°' , ;��q�il ; ^' , � � � ��I%� �� , „� The City Man�ger explained thai, as iar as_�he intersec'tion�'w85��conCexned�� he had made an apponzi.ment with the Mobil Oil representative and 'h�d,',iriYor�ne,d himi �e wiehed to dasrues th�s for a street right-of-wa,y anfl,had��beeTi,+�olic1 ��hCy,�3�dp�'t own the property. The City M�nager further explained he had �tlienhattemp��e�1�, to conteet Mark Jones� owner� and was unable to locate him�;��bU� ,�]'�t'abe!�� had•;'�een told the leaFe for the statio❑ is written in such a manner that Mobil 03� ,, wou]d have a�;reat deal to ca,y zbout what would happen to,the�proper,ty;",ythet a]1 parti�s wuuld be involved. Councilman Johanson stated,the Council,should pursue the �nformation further; also, that personnel at the,C��ty Hall was sup- poeed to control this type oi' problem and aeked if the bu�lding �nepectdY�was aware ot' this problem. The Ci.ty Manager explained that Mr'.'ffokinSOAywas �ware he shoul�l not lay blocke and was tol@ that he should eeeae�and;desi,st un`ti1 he got his permit. '�; � � uji , I v', ,',I �� J � � , �' �� i , li'i� � ' , � i CounOiLma�"Wo']-1ea��expleined to Mr. dohnson thie was a real uniortunate th�ng �hat had happened and'thia was why he hed been told to stop bef'ore he hat9 expenses he would, not,be able to recover. Counc3lman �dolke further explained that the loss of tHe use''oi,the land'in question if it were needed for a right-oi-way would he1p�`reCO've�a�'a�'part of the cpst of the footir�gs and blaeka, th�t the City Council would juatrwanti,Mr, Johnson to build somethin� else. The City M�nager stated that as soon as��he was able to contact the owner, he would report �.o thr City Council. ,A diacuaeion wae held on sketch being prepared and one av�ailable from the Count�y.� 'Fhe City Manager stated he had promised a �keteh to t-he MoUi1 repre- sentative', a9 ayodn as same was drewn. Councilman Wolke requested th�t Mr. Johnson be notified as',BOOn ae some information was �vc�ilable. �� 5�; �� ,� ��. . Motion by'WOlke bo table the reqiaest for a permit to carl Johnson for a building permit at 117'Missisaippi Street N. E. for � four plex. Seconded by Sheridan. Upon a voice vpte� there being no nays� the motion carried unanimousl,y. � � ��' , BOARp OF APPEALS iMAY 22, 1963: � +� PUBLIC-HEARzNG ON A REQUEST FOR A VARIANCE FROM SECTION B.lA OF ORDIPdANCE N0. '70 BY WAIVER F SIDE YARD RE9.UIREMENT FROM 10 FEPT TO 5 FFET TO �'ERMIT CONSTRUCTION Mayor Nee annouriced;thie was a public hearing on a request for a vari�nce to permit construcblon'qf',�e�Pamily room on the back of an attached garage. The City Manager read'the'r�comWend'ation of the Board of Appeals and explalned that he Yiad under- stood the"� this eonstruction wa� in the process and this was an addition {.o the home. Mr.'Charles Sohanaon, member of the Planning Commission, roias present and sta�ed the"Plann�.ng Commission would reco�end to the Council that all buildings be set so,tkiab�;there would be a driveway snd attached gara�e. � i�;',� � Councilman Wolke atated he had been in favor of allowin� this family room type of' constructlon behind the garage and eliminatin� a window along the side yaxd for some time; further he was of the opinion that Council should allow t}lls room type �a'rage within,5�feet�of the lot'line by eliminating a window and let wlndows be in the rear and make use of the property. He further stated the home owner should have the edvanta�e�of uaing the land he was paying for. Motion by Wolk�;�to concur with the recommendation of the Board of Appeals and grant the'request to permit construction of a family room on the br�ck of the et- tached'garage on Lots �+3 and 4�i� Block 4� Spring Brook Park Addition. Seconded by Johanson. Upon a voice vote� there bein� no nays, the mottion carried unanimously. A VARIANCE FRDM SECTION 8.1D OF ORllINANCE N0. 1'1 The City Mana�e'r resd the recommendation of the Board of Appeals that the above vari'ance be denied. Motion by Johaneon to concur with the recommendetion of the ' Board'of Appeals ahd deny the request for a variance from Section fl.1D of Ordi- nenee No:,'70 by'waiver of side yard requirement to permit construci,ion of' a dou6le garage'pn Lot 19,,Block lo, Donnay`s Lakeview Manor, Seconded by Sheridan. Upon a voice vote� there being no nays� the motion carried unanimously. Motion by Wolke,that the Building Standards Committee study i,he matter of fernily rooms behind garagee and �eturn a recou�endation to the City Council regarding the 5 foot ��de yerd requirement and arrange Cor it to be a part of the Building Code so that prppeTty owners don't have to request same irom Building Board to get a varlance,l Seconded by Johanaon. Upon a voice vote� there l�eing no naye, the motion carxied'unanimously. PLAAINING COMMISSION, MAY 23, 1963: Mayor Nee � ,9DD,]..TSON : i; nnounced d ,� �j � �� u � ui: : PRELIMINARY PLAT P. S. ��62-26 thie wae a public hearing on a prelinanary plat, namely, P.S. �C �62-26, Herwal ?_nd Addition. The City Manager reed the d3scn�'�ion held'�by the Plenning Commiegion, �1�o the motion and recommeddatione' af s,ame. Counc3lm�n Sherid�n asked ir this was another project that was,in the'ove�r,',a'S'llduai'�gge plan nnd had been withdrawn by the Council. Mr. Comstdek„ Consul�ing,engineer� stated that it was and had been included in Project #62. City,Engineer+,Brown explained thie over all plat and drainage problem to thA,City'Council. "A dis- cussion period was held on same. Mr. Comstock stated' to the"Council one of the problemG �n this area would bF what owner proposed to'do'�on�the site� a1so� how much p�rkin�;oiill be needed� how much �rading and atated they wovld Want to have some firuehed topod to be able to tell where the;water wi1Z go,;' ' � � �� Councilman Idolke explatined Lo Mr. Walquist, owner� there was a prolilem of drain- t�e and as t,here were other problems for the future thgt'the oonaul�ing engi� neers �aould Lnve to have some answers regardln� the property."�'Conncilman Sheri- dan sinted he felt the prob]em was the drainage South,and West'�of�bhie'po,int and �,tiat, Coixnril was,osking at this po�nt was if the water could bA�'picked up and dumperl into a ditch according to the consultin� engineere,'. Mr'.�4�alquist etal,ed he and his cl3ent had felt they could build'withol�t',iriterTUpting^'�the', over �]1 �lrainage. Mx�. Comstock expl.ained there appeared��to li�e'soIDe desire� to accomplish some drainage for the fac3lities until such tl,me ps propQr"'d�,ainage could be developed. Mr. Gunzberger, owner o£ adjacent�pro�ex?ty'ne@r'�,ar�a,ex; pl�ined to the City Council i.ha� originally thie area was a q,w�mp,�,';that^'�his�'�� neighbors and himself had filled this land and dug',a�diteh'�by�''k}a[ld_,WBnd'��%8�t I' when caater line was put in, the flow had been chan�ed� sl'e,a'�,,;ac1' error..hfl� fb,�en made in the sewer line but contractor had compromised.' $e,$'urthex,stated' he and h�3 nei�;hbors had had adequate drainage as long ae,�they could ]�eaVe'^�his dit.ch open, th�t St. Phillips would not be able to get into thetr dYive�asy-ii this wiL1 �;o in the way it is planned, Mayor Nee announced a motion wo�ild be in order. I�' ;I� '`<<'� � �� '; , Moi,ion by ,7ohanson that prelimii�ary plat be held over° and au�j�orize•,,,thed',�aonault- in� en�%ineering firm� Comstock and Davis� Inc., to have a prelim3�riary ealution for i,h� temporary storm drainage in this area �at the next regular'meeting; fur- ther, that befoi•e this Council act on t,he prelaminary plat the;,adjoining,groperty owners be notified in writing to be present at the meeting,. 'l5econde'd by;Sheri�an Councilman Wolkc stated if property owners were present in tWa weeks;at the regular meetin�� the problem could be resolved the same�,avening.,�Th,e,question was raised if this didn't mean that the idea�for the NSSSD Stendard was teing obandonned. Councilman Wolke stated they were looking Por'a';tempu�sery„'eolution and Counc�l wanted the property owners in the area to see thl's;',eolUtion. Mr. Comstock stated the4e plans were not ,necessarily ineonsip�tentlw�,tl,��qAe �airaother, anfl he assumed Council wanted a s�lution fon Lots 1,�,L, an8,�'N�and;�the,putting in of culvertc would not be involved in this report. ', Upon s poice v,o'�ey.�,there being no nays, 1,ho motion carrled unanimously. �� I'� ,,, Counci.lm:�n Brook arrived st 9:2� P. M, LOT SPI�IT REp.LTF.ST: DONALD F. SEXTER - L.S �i , .' �� _ ''�a'' ��`ak' ",i1'r:mr�r�lry'�', PLYMOUTH AD➢TTION: � � � � � � �I � '�,i � � 'i � � � � �;I� "�� ' The City Manager read the recommendation oi �he Planning Comm,�ed�,on�and'�C,3ty Engineer Brown explained property in question' and th� �removel:� ,orY �th� .g§F��$e� �in question. He further ex�lained tha� �thie lot aplit wbuld' autamt�$i�8�.]�y,,ap1?ro�re the one next I,n it and only one request had been granted. '�MOtiori�by WOl;ke,to i �able the above deaeriiaed lot split r�guest by Donald'F. Sextgr,��,Se'¢on�ed�b,y Ilroolc. Upon e voice vote, there bein�r no nays, the motion carried unanimouely. SUILDING ON CTTY HALL PROPERTY: DICK DONL�_PARK DIRECTOR:��h;' , ��. , i�;,�� ; � � ' , �, The C2ty Mana�,er read �he discussion and recotr�endation of`the�;,Plapning Commis- sion with regard to ob�aining a build�n� located on the City $pll �roperty grounds whicl� could be used for a maintenanCe shap and stsIDagai are,$','�`r,om,lthe Fridley 6cout� in the amount of $300.00. Councilman Shexidan'i�;e�tB,ted'��kie ,wiahed to inform the Council this building wae ortg3nally a doUble,g6rage and�had been donated try Ghe lions Club to the Ci�y of Fridley and it had been'-�U6ed;as'„'a_warm- ing hovse on Moore I.ake. Due to no supervision at that time� it�ha8�been"pushed in on one side and it had been decided to move it to the City,„Hall�"gsounds., It had then been �{iven to the Fridley Boy Scouts for thein qse','�;Coyn�llmap,�;'$heri- dan inquired of the City Council if they were gb,ing to buy,'itiliack"'wheni;��he�� Ci�y l�ed given i� to the Scoute as a giPt. He Yurthez exp1a1t1�E'd,pr;t�i'e, oz'iagin oi eaid build�ng by informing the Council �he buil.ding wae �dona'te,�3,by derr'y,��,Johnson, removed From ;pring Lake Park and Lions Club did the labor� etc.�"flF'detting il, up as a warming house on Moore LaY.e but when it became unslghtly they had J � � � .� removed'it�fxo� Moore Lake,' brought �t over to City property and had then given , it to`the Boyl"Stb'vts Por their�use. ' , � , � � , �� .� � I ��i r , � ' � � � , i i � Councilman Wblke stated thai perhaps the FridlPy Boy Scouts should be �sked iP they would caYe to donate it back agsin. Councilman Sheridan staLed th�t if' the''scouta,hg,d improved it� perhaps i,��should be purchased by the Ci1.y, Mr, Cha$1ea,JohHhspn,of the Plann�ng Commiasion informed the City CouneCl the ," 'PlenniAg'Cpimp�.psion was not aware of bhe bar.k�round of this building when they hadYjsuggNe��d?,;i,i�s purohase'. ' Cilty At�orhey Kohlan auggested to the CiLy Council they defQr ftirther action unti7 the facts in the case were known, thai, they � could be suli�eGt to eri�ticism. �' ` ' Motion'by,W011�e_to table action on the purchase of the building on City Hall property until"�s.'repprt from the City Engineer had been obtained an the status of same. �Secohded Dy Sher3dan. Upon a voice vote there 6ein� no nays, the mot�on carrie'd�vnanimously. COMMUNICA�'IONS: � C0�17MBIA AEIGHTS: 'S3RD STORM SEWER: i Mayor Nee ann'ounced this was in regard to e let�,er received from Colunihia Heights, The City Manager read the letter from the nemed suburb and explained he had iqvited the City Engineer from Columbia flelghts who had consulted witl-i City Engineeri$TOwn� thet Mr. George Brown� engineer irom Columbia Heaghts wae preeent $o ane'we2' any queetions. Mr.'�George Drown stated they were aslcing for e tetriporary conhection inasmuch as the preeent road will become e service drive according to ,the plana of the State Highway Depr�rtment. He expla7nFd the dri�eways'wi11 be draining to the service drive and they would hnve no need oi it 'la�er but'until the highway is in� the City of Columbia Hei�hts would lilre to']iave';this�requeet granted. He Purther explained the City of Columbifl He�ghts would-paq'the total cost of $750.00 to put this service in. i' _ Councilman Wo11[e sta�ed this motter should be t�ken tmder tidvtisem�nl, by the � City Couhcil.� Councilman Johanson steted that before the Council of Fridley I would stert they would want a report from their own engineer on thie �tem. �� Mot3on by Johaneon to receive the communira�ion from Co7umbia Hei�hi,s re�,arding the 53rd Storm Sewer and turn the suggestian over to the consulting eng�n�ers and City of, Fridley engineer For r� recommendation to tl�e Cotanr.Ll oY tYie C� ty of Fridley et�the,earliest possible moment. Seconded�by Wolke, Mayor P1Ee stai,ed he would like,to know what the status of i,he City of Fridley zs concexntin�; the capecity'1n the line� and was told it was not known if this was c�lculated �n the line. Councilman Sheriden stated that if this wae a �oint ventur� on Uni+tersity Avenue'which it must have been, undoubtedly t,he ponding probahly hed'mOved further South. iP A'di'scus9lon'period was held regarding the moving of s'oorm watiers and buildmF;s "on Univereity'Avenue. Counctilman Wolke stated Fridle,y`e en�,ineers should chec]c before Couttci]�; action would he i,alcen. Mayor NeP explalned Lo Mr. Brown, engineer for Columbia Heights� this storm �aater would go tinto e 13ne which the City oF ColUipbia $eights had disclaimed any responstibility for. Mr. Drown stated that Columbia Heigh'ta'hed riever denied the need existed on University Avenue ior a storm sewer�''that this was something they would like to do and these lots could be"fille`d. He„'further explained this small pro,7ect would only menn a pondinP ` whe're the ponc�ing already is. Councilman Johanson steted he felL Fridley's 72" line would fi11 up quickly. Upon a voice vote, there being no nays� t,he motion carried unanimpusly. i, i � i 'i CITY EIQGSNEER:, TEMPORARY SURFACE FOR 73RD AVENIiE NORTHEAST� Mayor Nee announced this was o communicstion f'rom the City Engineer regardin�; the temporsry eurf�cing of 73rd Avenue Northenst. The City Manager read Lhe report 'from Ci,ty Ezlgineer Brozm end sxplained t,he bid �aas lower than had been anticipated. 'Councilman Wolke ralsed the quesi.ion to City Pn�ineer Brown tif it, were poesible to lose a portion of this street but not all of it. City Engineer Brown replied it was possible because at one spoi, in particular there �s quite a bit of muek'below the surfbce, Councilman Wolke asked Cit,y En��nePr Browu tf he was going to check the entire line as there was a question on pipe Uelow the i �� etreet and was told the,y were able to get this part of tbe, 11ne checked at�no cost to the City 6at the contractor should possibly eheck the'remai4der,;. , Councl]man WolY.e stated it was the responsibility of the'City,to improv'e the l�ne. `Che Cit,y �ngineer stated it was indicated thie is,'a seri,oue prob,�em and it is more tlian likely there were more conditions �hat need�,d,ito be che'cked along the 13ne. Councilman Wolke stated that even if th�s,pae�,in�Ypat�d, to City Engineer Brown he didn't feel the contractor shoul$ pay,for,�l'1 the tele- vYSed tests, that 3f contractors are required to do this,' it ahould�be a part oi the bid. City Engineer Erown stated a complete teet ahou�d be �ade as the person televiszng the line cquld see only a part of the-line:�because, �t,is curved. Councilman Wolke stated it seemed vague to him and that s,pot�,ahoWld be„pin- -� pointed, and if they can'�, whose reapQnsibility is it to inspec't,the line. Councilman Johanson stated he thought it should be �he,cpnsulting e�g�neera who shc�uld �nspect it. , �� , � �� , � Councilman Wolke steted he had a few questions; that this,was•,e etseet that had been in for almost two years� the bids have been let for the,s�'treet and the street is needed. He requested to know how long it Wpu1d't8ke,to �'et the si,reet, ile further stated he wanted to have something conclve,�.ve',on,thi'a,,and if the Cit,y F.n�?ineer wanted i,o spend these monies� the City�C�oVld'attempt to recover from the contractor. City Engineer Brown stated he thought_ the TV testing ehould be done on a11 of Project �21}� that tkie'7,3ne is 'running'"full of sand all of the time and this is the f3rst proof that,'something�,ie'�Wrong.,,The second thinq is the number of 6reaks the City has had in the iine I3p'thg ,past , year. Councilman Wolke inquired as to the cost of televisit?g and,how many feet wauld need to i�e televised. He was told the cost would be appkoximately;,$��0 to $600 for at leaet 300 feet. City Engineer Brown explaine,d he,had,sent,a letter ta the contractor noti£ying them of the proble,m and that bpnd'WOUld be expected to xemaln in effect until euch time as i� is,�inape,¢ted,� �� ;, � � � , �li� � � Councllman Johanson sCated, he felt� the C�ty Council�ehould have"�a�,meet�n� witl7 the Cii;y Pdana�er� consulting en�iReera� city,en�ineeT�and f�.rm'o�,,5andstrom an1 IIafner and a11 persons involved,and if these reports are"faqtvttl and there is proof', th� Ctty of Fridley �houldn�t suffer the loss. Councilman Wolke to]d Counailman Sohanson �here were,iive members,on the�;yCouned��:�',�n(�Fthey a11 Ee]t l;he �ame way. ,'Councilman Brook requested to know,What's"Gh�y;�Wex,e�'gq3r�g to do w�th 73rd and seid if this sewer was in such a condition i�t ahbu�d be taken car� of. C�ty Fngineer Brown satd he taas recommending s temporary�street to _ r�lleviate the i,raffic problem until the sewer was taken care;'of.l Counc,ilman Brook sfi,�ted the condition of the sewer pipe should be found,"oUt;,before the street �s put, in and it should be repaired now regardleas,of,'Who shoul'd re- pa�r it and pay the cost. ��I,�,� � , � �i, � i� Councilmnn ,Slzeridan stated t,he pro�lem they were concerned with Was i£ the condit�on of Ihe sewer linc chenges from the day after heavy, traffie is put over it, it would be h,he responsibility of the city and not,�t�e,contractor and furi,Yicr etated if the sewer pipe i� good enqu�h� it should b��blac$topped,. Councilman Jol�aneon requested to know who wuld pay the co��ofjjinepecti'ng this piece of s�wer line. Councilman Brook s�ated he felt the Citylshou�d,inepect it and tF it was found that it was the contractor's fault� he,should pay ior it� otherwisp, the Cit,y should pay for it. Councilman W�olke's�tate,d,h�,woUld recommend to the City Counc�l tha1, if the TV pictures'epme back,�n�rth�t sec- tion which seems to be a matter of a problem area, �tha�� i�i�it��s�ipea}'s�,t�'o'the City Engineer that tha damage is not so �,rz'eat that if the roe�� were�stabSlized for a nine ton base condit�on that i£ the City Engineer'fel,��it would�r�ot damage thc� sewer, the City should put in this road. Mayor Nez' inc�uixed of the City ling ii�eer � f it waa a fact t-hat traffic might damage , the,�p',pipe "&qd ,was told �t could. Couricilman Wolke ,Gtated the City still-had to tia3�libhis x'oad,., I �o , r� � Mayor Aiee inquired of Mr. Comstock� eonsult9ng engineer� iP,�travel on thie road w�t11 the kind of bese they were talking about would bellikely ta,damage I tltie 11ne t�elow the etreet aad Mr. Comstock replied the aonditionaiw,om�dh't I bP any differe;nt with or without the mat. He further etated,'inihis'opinion� —� iY, would make no diiference if the mat were on ior the�sewe�t��,l�nes.j T�e �� anl,y dii'ferenr.e would be that the base would not laat�as,�pag,ae t'1�ay,woald want it to without the mat. Counailman Wolke asked if,thies,i,teai.aould-,be;, tab]ed until the end of the mee�ing as he wished to 'talk'it 'pver�B�„�morep, �„ ]ength. � � ��"�'s'� � ��ti �r ., i, , , „ , � � � �.� � �� : .� , � „�,�� ,�, � � I�I ;, ; � Mo'tion^jbyM Wol�^ke �,to 'iable action on the' above item until the end of this meeting, 5econde3'by»,BxooR.„ Upon a roTl cell vote, those voting aye, Brook, Sheridan, TJolke� Nee.�r;-Those�op�oaed, Johansdn. Motion caxried. , � WILLIAM BARBIISHi' SPECIAL ASSFSSMENTS: RESOLUTION #94-1963: � Mayor Nee announced thie was a communication from William Barlush regarding speciel aQSe�'sments:', The City Manager explained the aree'to the City Council� elso� that'`Mr,: Berbush would lika to he've assessments spread over a period of from ten to`twenty years. The Finance Diractor informed tha City Council he would recommend thet they not de£er the assessment on the propert,y but that ,it could be set over e twenty year period. He explained to the City Council that hi5 office had only assessed a little less than hel£ of this project and the balattGe `i'9'to°be taken from the utility fund or general texes. The City Msnager` axpleined�also that tha possibility of establishing a precedent had been'discusse�ci but this item could be given speciol consideration Qnd it wouldn�t affect er�y ten or twenty year spread. The Financa Director informed the'City Council the laterel charge had not been applied as yet but the main char,ge hed: "Couneilman Sheriden stated he didn't feel thls should be de- ferred btit,he'did approve of the request�for'a twenty year assessment period as the 'c'omtwnity as a whole had had the opportunity and this owner should elso. Motion by Sheridan to adopt Resolution #94-1963 to permit e twenty year spread on apeciel asaesaments on #W--J4, #10 N. 34•68 Ac. of NE �- of NE �, Section 3�,ITown9hip,30J4Renge 24� the NW,� of NW �- (Faccept tha North 16,6 ac} Section 2�'Townahip 90�;Range 2 4; #3600 SW � of NW �, and so notify P�Ir. William Barbush. Sacortded by Wolke. Upon a voice vote, there boing no nays, the motion carried,unaxiimously, � � �� , � ' . JAYCEES; MII�tORIAL FLAGPOLE: Mr. Toqy,i}nerre`wea present as represexitative of the Saycaes and announced to ;-- the City Council th'e Jaycees wented to dedicate e Doctor Jay Memorial on Fridley'Commons on July,4th and they wished to obtain the epprovsl oi the City I Council, He explained they were telking about putting this flagpole an the corner of 6�st end 7th Street. The City ManAger stated he hnd hoped the City o£ Fridley�wouldn't be responsible for the raising and lowering of the fleg eve'ry day„sinqp it was quite a distance from the City H411, that the City Gouricil or,the City itself shouldn't take this on as procedure, Mr. Gnerre stated that Mr. Donlin� Park Director, had s aid he would take care of this itam. ' Motion by Johanson that permission be given to the Jayoeas to erect a flag- pole at eny snitable site that Mr, Donlin� Park Director� so chooaes. Seconded by,Brook. Upo'n a voice vote, there being no nays, the motion carried unanimously. � , MADSEN: ZONING ORDINANCE AMENDMENT: The City Menager explained the request by Mr. Madsen and informad the Council they could'esk to have the Planning Commission hold the first Publtc Hearing, also� thet tra�311er perks are permitted in industrial zones prov�i�d Council issues a Speciel Use Permit end provided it is in en r�ree suiteble. Gouncil- man Johanson'istated the Council had had two purposes in mind when they Pu1. in this typ,e of zoning, Motion by Johanaon to receive the letter from E& M Developmont Company re- � questing a zoning ordinence amendmant for a Special Use Permit for a mobile home,� park and place on file. Seconded by 13rook. Upon a voice vote, there baing no nays; the motion carried unanimously. SUTTONs CONCESSION AT BEACH The �ity, ManageP,read,t6e communication from Eugene M, Satton requesting Councll epproval fOr his�son to operate tha Moore Ia ke conce:�sion end ex- plained to tt�e Counci7, �he Parks and Pleygrounds Committee had recommended the same request as the pravious yaar with the same stipulations. �� Motion ty 47ollce to receive i,he letter from �ugene request to operate the Moore Lake conceseion with the previous ,year. Seconded by Sheridan. Upon a, no nays, the motion carried unanimouslv. VISTOFS: M. Sutton and approv,e,, the the same�i,¢tipula�io{}a, ae voice�,vote,� th�re �ba�.p�, � ,��,� � �, � i ,, ' ��'� � i I'� I� I bir. Maynard Rnamussen wae preoent and wanted to know if the,City,,,Fouyicjl,, hed anyt,Y�ing new to te11 him on h�s request �'or SpriAg Brook,Park�;'Pl,at,,r�; Two (2). Cii,y Attorney Kohlan etated� thati as he had.umdeSS'topd �.t�' M'r': ,; Rasmusscn wa,s going to put jn the improvements himsel£ an3�; �p'ay fp'r;;th�yi,, , thai; or�Flnally the discussion was with the consulting engineer,aiid ,that > i,he cons�ilt,ing engineers, eince Mr�. Raemuasen talked abou't,;�doin��the,Wor�k�' himself', eu�;gested tha� Mr. Rasmussen hire his own en�ineeY';'to do,the wot�k aceordi�g Lo tkie cit,Y's specificntions. He inquired o� Mr.,�,Rae�ttissen�yii�„ the ciry is i7c�w to do the �mpxovement,, would he be �qing ba;ck�tb�ythe ci,�y� or the con�ulting en�ineer. Mr. Raemqssen sta'�ed� that� i'ti so�,hs��lpEAed��lt�}�at' the �FCroi� runoun� fpr storm eewPr engineering was pnt forth��,y�nr9.�eAar,otaedi � approx�m�i.et,y a year befnre r�nd thxaugh their vis,itatione ''�he'edm�nis�xar, tion na�� i•ecommended that Mr. Rasmussen po oui,side for en$ineering. $e� Purther erpla�ned he had now bad the engineerin� dope„and i`t.�wae �CCepiable b,y the c�i;y and he was now wondering whether they had,to pay�d�0ub7.e engi= neering in going back to assess or how it was working,ou�,� �t'hat,il� �w�,s,�,, ,+� confused at t.his point. City Attorney Kohlan st'atec� the d3,s,cusaibris,W3'Ch him were i;hst they (RasmusSen� were going �o put in �he iID�roVe�ments�,'��em- selvee, tlira� they hafl understood they could do i� chea,per th&t way`and,their concor❑ uu� not i,he P�ct that they would t�e �aying forl, i� ,�kiems�elves b?at� , they yranLed to heve an arran�ement whereby i.hey woyld ahow ,only,improvements on lots Lhei, would bE developed. CityAttorney'Kolilan'"had��tol3,tke,se�',people they coiald wox•k out r�n arran�ement with the Qounci]. eo,that �,�tkley'would pay Cor the �Mprovement work which they would immediately need, ana defer the , improvement� �n the ]otG t�h�ch were noi, lmproved�and�used ihimediately'. He furi,liev tulil i,he L"zi,,y Counc�l thai, if thesc devclopers were goi'ng to put �t on an as�essment plan� thP City might as well do it altog�the�. ''; Y �' ��IN`I,�`, .r i. � I, , �;i -� Mayor PTee inqtiiired of' Mr. Rssmussen i�' he could proces;s, thi�6�;"i�re4h�',t'hrough � the City Manager's office. ��Mr. Rasmnssen �aid he cOUI� but,�they;Wbi�le?'''�ike to get �tarLed. Cii.y Attorney Kohlan stated if the�ci�y,�ae�� ,'�o do ��t�ie,;4aork� eitlzer the rit5� engineer or the consulting engineeri;ng firm'Viould 'd0�the' engineering work on it but if the pr�iva,te andividual 'was 'goi'qg to, do t'he' ' work compleLely himseli� than Yie wa5' al7ow�d�to have h�s,;'ow�'.ren�Tne�r3,�lag'�' provideri the work was checked. Councilmen'Wolke inqU1Y'ed",o��,'NI�.� Rasmuaid�en if he would petition for an improvement and was told hE woqTd; Mr. R"8emuesen further st,ated they had had to haae the engineering,done be£ore they had.�tad the plai, approved and had placed two escrows in the' amoUnt of �876�.00 fo"r`'a normal engin��ering fee whiclz was a part of the plettin�., �C'�It��,Eng�;neek E�own explainc�d to the City Council this plet involved a major'storm�seWeT proiilem and the preliminary plat was presented to the appropriate committees� who felt th�t the stbrm sewer problem and service drive vacation',should be�re,, solvPd t�efore the prelimin�ry plat was approved and the�'cit'��;vacate '�h@^��^�' service dr�ve necessary for the plattin� of this property� snd'tliat the oyer- siz2ng of drr�ina�e piping required be paid� for by �+Ix. 'Raemtis'�en.� ��Ci'�y `� , Engineer Brotrn reported that Mr. Rasmussen had depoait�d�,sUi'iipi�nt {noriAy in escrow to pay fbr neceasary engineering iniorma�iori�� sQ�'T,t a�t'' kle"�coulc��',pro- ceed with hi� plat and the Council by resolution'� had�aittlio��3ed'$h�' cbn- strucii_nn en�;ineers to prepare a preliminary report Dn�st6rui�'eewe�. `Af'ter the meet,ing� referre� to by Mr. Rasmussen� Mr. Rasmusaen'tlefl his oVc] priWate engineer complete the preliminary report and zt was eubmitted t,o the City, Engineer and approved t�y the consulting engineer and 'tY}e��C��y: ', ,' "° �' � � 'til�i,;' ""� � ' City Enganeer Drawn inquired if Mr. Rasmussert should pu�,up�,l7qone'y'i�':e'�crow for all of tYte storm sewer as Mr. Rasmussen agree3't'o pajr for,end �'9si3��'� he was cencex'ned about the contract with tbe city Por.the ��aymenti�of only the storm sewer before they would vacate the service,d;i, e.��CoUn�cilman ', Wolke a�ked if this property was suiteble ior develo�4nen�-i��"��h�se-jslas� $.'w question of rihether it could be drained. City Enginee,r'Bro„wtl',eXplained the engineering escrdw money w�s put� in tiefore by Mr: �Ra6mu�'9�ts`,��'0 `�r'egolv�y�'the' dra2nage problem before the plat was aecep�ed. City'A'ktorney,'Kohl�n att�ted he had a pre]iminary agreement drawn but the faot wag"tha�C�at;��preo`idus�'� n �li � � �I1i i I _ .� �i � � �, � � i" ��P' I, meetiri�;�.t��r��s'stated it would be pvt on assessments. Mayor Nee requested Mr': Aaemu�sen'�m6et'with the City Manager, City Attorney and Cit,y F,ngineer andl ata'�'ed•',thY'e it�m ehould be on �he agenda for the next regular meeting. �r i "� ,,I - Mr. (}eprge,A�L ��'Kurupz �of 4617 2nd S�reet NortHeaet was preeen�; and stai�ed he waarpres�nty't'o Comple.in ebout en alley the City was trying to close between �'r�l(tk�, at[d 47t'Y}i'•pn $ecotsd Street; i He inquired why the alley had been closed snd�wt�pr�the,�0.ley,belonge to� that it hed been an alley fo�` over seven years. Mayor Nee,rai,s�d�the question if it had alxeady been vacated and Mr. Kuxucz atated the neighbors,had the idea they could c]osa the alley off anytime they waiYtetl �o. Mr. Kurucz Rirther stated he had not been notifie3 at the time of the'vacation''hearing and�two of his neidhbors were not nobified. Mayor Nee r askeS ii an 'act�.on' $uch� as th3s� could be reversed and wae told it could but the�� d�i�y�,hae�F�;;a�`�e`aeement." C3ty �Attorney Rohlan etated the only xeal concern norntally is vitiether or not their access is cut ofi to the back oF thetr pro- perty. The Gity Mana�r stated this.vacation af an a11ey had been published and it would-be effective dwne 6th� 1963. '� "�i' i'' � '' � RESOLl1T10Id �A.5=196� RECENING' FINAL F'LANS AND SPECSFICATIONS AND AUTHORI2ING �7:E;i7.� Meyor Nee Bnnpunced this was a resolution receiving final plons and specifico- tione,and au�horiz�,ng,bids on sw #65. The CitS� Manager explained to the City Council� iP„they W�.e#ed to paes on this resolution� they could open bids f'or same on�the"'Y'pllowlrig Monday and explained tkiis wae the area regarding Sarry Blower Company.' Motion by Jphaneon to adopt Resolution ��95-1963 receiving f'inal pl�ns and specificatione and authorizing bids on Pro,7ect SW�65. Seconded by Brook, Upon a voice',vote� there being no nays� the motion carried unanimously. ' „ . IVTNG �INAL AUTHORIZ Mayor NBe'aAtiounced this was a resolution rece�ving final plans and speciiica- tions andi�euthorizing bids an SS #64. The City Msna�er explained to the City Councill„this 'wae',the area of Meadowmoor Terrace, i' Motion by�'Brdok to adopt Resolution #96-1963 receiving final plans and speci- fieatione end authorizing hids on Project SS �61F. Seconded by Jolianson. Upon e'voice vote� there being no nays� the nroLion carried unanimously. The City Manager 3nqu3red of the City Council if they wo�ald like to have a re�,rular meeting time or could three or four members come in late on the after- noon of the l�th to open 6ids. , Mr. Kurucz� returned to the floor the vacation of alley near his home. Council- man Sheridan explsined to him the engineerin� department doe9n't have a record of the'notices,eent to the property owners in the area because it was a public hearing called by the Councll. Mr. Nagel� membex of the P]anning Commission, stated there was a petition by all of the people below this sect�on and stated the Planqing'Commiasion had looked it over �nd felt this vacation didu't affeci, ' the people a�,the other end of the alley because they could st11.L get in and out. Cotlncilm&n Sheridan stated at the tinie of the public he�ring he hacl questioned if,'everybody had been notified within the block because the entire elley wasn't be3ng vacated and stated �hese people were entitled i,o the use of' that aT1ey ahd they ehould have been not�fied to voice any ob,7ection to the _ vacating of th� alYey. . I� � Councilman+Sheridan voiced the question to City pttorney Kuhlan �f this could ' be' held in abpyance and have it set back ior anoi,her two weeks bef'ore it goes into ef£eet;by rescinding the order. City Attorney Kohlan explalned i,he ordi- nance had lieen publiehed and he �aas at a loss as to ho�+ to undo i1., that Lhe � way it w0uld;,h�b.ve to be done would be to esi.ablish an alley a�ain 3nd �ahether or not the residenLs would be entitled to �ny compensatxon Ior it, kie wasn`t certain. Ae tlirther explained the city has utility essemente and it �s � u��Li,er of servzce'rights and legallY'the alley wculd have tn b� esL�blished. _IL ir� Tt was stai,ed that those residents who liYe on that part;of the alley'wl�ich has been vacated have made repairs� moved fencAS and fixed 3t up�„etc.��City Attorne,y ItoYilan stated i.he ordinences do not become law until 15 days after publicat,ion and there is room £or a referendum petition to he,i'iJ.ed,`with �dequ�te signatures. The City Manager asked iP an emergenqy,�'�ype'ordinance could Ue publiehed and was told 3t could not. Couna'i,lman=,Wc��jie ievgge,eted � the residents opposed to this vacation get .a petitioh� to' gat�':i�t`�xeopepgd��'°� and er.plained that he had fel,t, as did the other members �oE'`i!�Yie' C3ty' Gouncil� the residents had all been not,3fied at the time this had been�pa'ssed on:, City Flttorney Kohlan explained that the failure to give thie'notlYication under the Ch�rter does not invalidate the ord3nance. The notiiication��ie somethin� the Council does as a matter oi advice and originall�*�the 'thought wa� to vacat,e the entire alley. He Yurther explained �1e had�advised the • members oi' t;he Planning Commission at �hat �ime that'�ae Xpn�f as��these� ,+, people were uaing the alley� they should not be deprived of�Clie access. Also protesting thia vacat3on was Mr. George Gore�Ci. !� �''�'1�' ,� Motion L�y Johanson that tbe above deseribed alley vacati.�on be,xQturned�,to the Planning Commisaion For a closer look because of the objectioris'th�t have been vaiced this evening. Seconded by Brook. Upon,a voicq �oi'e'�d, � there being no nays, the motion carr3ed unanimously. � ��I,.�le"•1'�`�� '�� " d� „ � „ � � �� a� r��' I� r CLAIMS: ° =},i'' � ' ��i � � �' ' 6d� Motion by Johaneon to approve payment oi General. Claime �261i;�through �3�+�+� Seconded by Sheridan. Upon o voice vote, �here being no, na�+�y qthe�mot�'on,� r_arried unanimously. �'�� ' n';'!,' , Mot�on b,y ;heridan to approve payment of Liquor Cla3ms #�j36��,'�tkt�ongh #53aa• Secondcd by Frook. 'Upon a voice vote, Lhere being no nays„i�hel,matiori'�. carrled unanimously. "�` �� „ � Motion b;� Brook to approve payment of Public Ui:ilities , Claim�s '�'251k8 through �F2576. Seconded by Wolke. Upon e voice vote� there being �nq n'ays�� thE' ' mol,ion carried unanimousl,y. rSTIMATPIS: MoLion by Sheridan to approve the Dunl:ley Surfacing Company ' 375b Grand St.reet Northeast Minneapolis, Minnesota ulst.imate �E2 (Partial) ;treet Tmprovement Projeci: No � � �'' � � � , i °, followin� deser3bed,esbime�ties:�,l - i,�i �' , � � �;�'r � '� , 1962-4 '$ 4,636.51 ,, i Rstimate �f4 (Partial) Street Improvement Pro�ect No. 1962-2B � �� i,�$12�978.63' Bstimate f�4 (Partial) � Street Impxovement Pro�ect No. 1962-2A P,'$,'�9��1�3�j.4�i Secondecl by Tlrook. Upon a voice vote, there being,no nay�y°il�the'm4'�ipn" carried unanimously. � I `'' % ix i s•� „p�',� i, i i "� i iI LICSNSES: * � '� „ � `' Motion b,y Jokianson to grant all licenees on pagea 5��hr,ou$1a115E��,oi� the'�� June 3, 1963 meetin� on file in the City Clerk's office: IgeCOnded;by," Sheridan. lJpon a voice vote, there being no naye� the moti�n'carried , unanimous],y. �; '�� ;, � , � ,�,I 'y� �� i � � ' �' � � , il��' � � ' �;, � �� , , �f � � 'rv li i; � i PETITION; 'f, —�— ' ,,�;, '' �,II �, Motion by Jol�anson to receive Pet]tion No. 23-1g63 and refer to tkie City Manager,,Yor '�FOCesaing., Seconded 6y Hrook. Upon a voice vote� there being no naye��; the,; iinpt�.on I esrr3ed vnan3mously. . `` ' i +,Y,;9� � I'�'wae etatek�,$het another petition had just been handed in for street with asphalt eurb,snd,gttttex between Cpunty Road H and Onandaga on Hayes Street and,it ie rec�uested ,that this improvement be put in whether or not i;he storm sewer is pu't„�;1A. It was suggested that i.he Council receive �,he pet2tion. Motion by Johat3eon to receive Petition No. 21F-1963 for street with esphalt � curb and gut'�er on,$eyes Street Northesst, between County Road H and Onanda�a but that no action be taken because of a lack of e majority of the signaLures and that petitioners be notified. Seconded by Brook. Upon a voice vote, there being'no nays� the motion cerried unanimously. ,,I RESOLUTION #97-1963 RECEIVING FINAI, PLANS AND SPECIFICATIONS AN➢ AUTHORIZING nrrn nm �n � � . Motion•by Johanaon to adopt Resolution #97-1�63 reeeiving final plans nnd specifications and authorizing bids (St, 19h3-1). Seconded by Sheridan. Upon a'voice,ivote� there being no nays, the motion carried unanlmously. � ,RESOLUTIO�I #98-1963 SPLITTING A53ESSMENTS: Mqtion by,Sohaneon to adopt Resoj.ution #98-1�63 authorizing and directing the splitting of„apecial assessments on Psrcel 1640, Auditor's Subdivision No. 129. Seconded,by?;Sheridan. Upon a,voice vote, there being no nays, the mot,ion carried��trnani�ouely. � ., �� ,, ' I VI92BAR:' f-- I I Mr.,Rober,t HUghes� Fridley Fire Chief� was present and stated he had sn invi- tation-�rom�Hilltop Village and they wished to have him and a member of the Council of Fridley at their Wednesday evenin� meeting to meet and discuss their contract. , I , CONSIDERATSQN,�OF N.S.S.S.D. ACTION: ��Maypr Nee��announced�this was a copy of a resolui;ion and it had been placed on ' the agenda et�;the request of Councilman Johanson and Brook. He explained� for the information of the Council, that this re�olution ox•ders the improve- ment 8pd e't ithis point he couldn't advise the Council of the sjgnificance of � thie. rM$. Nagel� member of the N.S.S.S.D., Fridley representative, Gi,ated he wae undeT,tl�e,-gssumption that they had e meeting of the City Council at the N.S.S.S.D,,oifice and'had gone over this finance plan referred to and beyond tha� he understood that �ane Mann� Fiscal agent� had met with the City Manager and the E'inance Director. He explained the reason he h¢d voted in favor of this reeolut'ion wae that Fridley would save one-half million dollars on this. �Couricilman Johaneon stated to Mr. Nagel that as a representative oF the City of�Fridle,y and knowing the City Council had passed a resolution asking the N'.S.S.&,:D'. dipt �p�iin eny,event� have any construction this year that knowing this� Mr;,,Nagel had ignored the C3ty of Fridley. Mr. Nagel replied he had done so O�i the basis of the new financing pro�ram. Councilnian Sohanson asked what the cHarge would be,,from the N.S.S.S.D. to a home that hoolcs up a year ffrom now� and was told there would be no charge. He further qucstioned cahat I the charg�„would be three years,from now and Mr. Nagel repli�d iP the home ' had no syet�m Whataoever where they woqld have to connect into the system� they woUld heve to,pay a sewer charge. Councllman Johanson stated th�t based on the qvartGrly charges he would rather pa,y the �i100.00 hoakup cYiar�e because over a period' of years FrZdley was goin� to pay a lot of' money. MF. Nagel preaented an explanation of the sewex� cher�es to all of the suburbs and stated ttiat Minneapolis under their system was char�5in€� the euburbs at least dot7ble or more than double of what they charged their own People. n , � j,�leY E Git'y ,Pf„�'F � � tox wba� tt� ��ea�?oli �ir�� t tha L"3.�5";af , , � the k'inance �, ��at^�Yi� ed nired �f �bo'�� b3?�L '�� 5+t,�iAeB'� °�e �d t e 9uax bp,e ie�� , aX','�� be- 1n�en Jc�l�n��san in4�cide explain uasteT' � cYij 9�� , �� idl�y � �ud'�Qme�F', �" a �i.nn�aP�7. �oun �o Ch�rPr Z pix�ctor the �iT�t q had � m°�'� ��, �Y�� ea�e P�� gxi � �`�pai � ,�4` ea� ��r �'1n�nce � log 81 tiY» � e�r daeg � oL��aay �ee��lis �s �o�t. ��brii6 �,eaTi�' Bd;dQ��','�� i.be �� dZ�y �� op the U °�' £ixs�G 9uaste �a ��ge, P3;gu�' "��ys' �bo�� - wh�t �'� , ' ' ��` � �'��1 , �au€3e 9 �, �� our ��y�� ineer Brow�i � �t and F � �dle�a tao�ua , � � ' , � 20 �„2 , „ � _ � � �i�y pes i�to �i��„rie�t o��truc� ab�vt �� tUin� � vgx�,eT - ` ��.5a °� "�3'�i5�� vs�J e�tion4er 4 'td:pd'r•� �lae�y � �riythinE; �e��u� corin d go' uP �yt9 on ��x '1.y� pe� � i� cher��s �� elin�'as��sa�,t�t P`s'"�`dl , �1. � � � ecapol af �he euburb5 � �,rl °. , ta ha�T� el �l,at,ecl th��'� it is tilyeix la�h��r�� to ey is„BQ,I�.n�Q ao��, an`1- ptlon an� the b�� ox noGhir�� n� �Tiel t tha�hat ia°��'�°in�� &rea . shar tl�e d'�� ' e, wa8. n��, intn �h'� �� into thex �� 3i�- ��me" 7ines P tpod �wer � ��a17-Y uo£�Ni�. e�`P°��89 ��U�'a two a �� ar t� �' tiea� � th7 �7�• Wolke gt��ed �Yco t�s� , with �he Cland otheY eommu��e �u��ther" �.he e oon RaFlda e�ief oau�`�'� •, �, �� ,�h&t,s y,e ciln�a�� wittti lain �� ooc� z agvel0� �p QuE� �`'Z�a� x o PTaclleY � $ t� `� b the� d bA � � ��e ',�aX 7.oad. ` �, , wo�� wo�� oui. �h� 7��n� An�xsewex and vaate�a7.aa �,o he1P °a .��.�,tae',C�it`1'.��°une�.1- &G no�, deve �.i��ut velnP�a eetlriF wi, .�ed: Co 6tated t,r� nities ae � up atter aon�� be'Te��er a the"1ra1� commu anotr e to 6e ect'iQns�, ", lat� wan�ed otl�e7 wou]d ltk a�,hat 1�his °1 t cnnp MY rl sj,�ted �� 5 S,g.pt � �nd ask�a abou or khOger��'esa i tliey' , Na�t>ers �� ed thet Were �l�e�a�� e�str � �,1��e�r'aas�` rap�r Y ee� �n� ipem eri�� t ts h a ane �� ea, tY�e��e � t those t�'a a� 5ervi weTO ma�' �� abou � re43den r �'� d� idn Mr • � ��.�hey had �a]k�nB and �£ �hey Pay' S��nB a5 n�o�,nso�' 9�a��a� would�, n° �.�ould ra ec3 W T��hO ke.c1 uQ� ��ss�med ti��'�' a�, CouT10�s�ot pe,�`in� s�N�e^�8 �?�t�Y�r � Q�1n x� �theylw pulcl ber ��&t apbc�eT a dence to �h�royYe e'n.� tt�eYl��a �a�a -.� traF �auncilm ge� l�oi� �,o �°�' hig corresP°ea�9 �Ox &� sYZn^ L7.i��do „��, � � m�. � io ahEbvi��aV�1,ku�� whe �t'� ��fp e�an 3��e�n� � a red . ' ' 'p,,�i,' �e�e the ��n �e� �1,atec� i�� tha � b�aic�tilY ThiB �E �a�e aetall d� was axder� y�oeesd•,• �'ur.. known Wha� e t1, �Y,auld ha ��d tn�� Wh��' �� Pfecsted to 4�; Qut'��`,�-a ��'�°�ewa�e oz�ETeBp eX4�� ,77 tha Persoe ta �'�,i� W°�oun�i� an , FT'�d1eY e Sox tiativ aY the iYi and' �i+,v t�ttorn e� icia� y Loo� ��'it &� �.h� ze�e� � it Wa8 4'�,� ` � , s �n� sP � tl�a�� ' � � int a � an�ger �ihe g e P�� a17. a� ��5 e somaane wo�� au�h°riz�; ,t21e�u h t� � a e ., ]ained h weg no�, P��'Ske �t' ��y CQUn��l °f TS�d�11em��rag�"�.o"et�u�9�es�� t t�ould nat � ti t11, statin� �hanc, , er�ta J �han�ou the the I3 .6.5:5 •� e4°rt and hin6 ��s aeW�r' �gex. . Mation �'� tietteP ttl i� 3teTim �ranBferS � � r� ri �h� iK� gxoax. � �, i �d �g�, tlle �r dle�chag xe°ei� na� intiexeated�eaondea bY o��t1�? �O� .�,�^�COUtia af Frsd]ey Ayternaie �3A' �h� xeactian� ��d4�gt�te� �� in Ci y p P'lan �OT ge� �,�e 9�r �'� t�je Ci�y °� �tated his '��haa �,. th�. rPu �n pPVenu cilman r,�er�d�n� T soxutio � o� m id1e3• ,�e g tiYee a9 �.,�i i,,,�r�gley Cau�' to SuCh trimen �but un�il Su��,he WB9 �� on8.7: �u�'aaa�E, � tO �om� ° f�he ° tY'� wan �ryTe commun��Y �� g{,atea'� �tp�tdt> ii.5.S•5� ' ��rk t �° � verJ` Well wit,t' � �ao�ild �°�'� �he en un��.lon �3p k' �°s $&� u'Gh� `1Q �� e� &P�h�n�'' �, c�e � S�� t,o�wlzex� it a� �n ��ezss'�ethe �O n°il� �TO4��',�rg ��o., tai7 tz'J tp t�on �ere Put �eetin6 °f� h� woUla $ ar� `ne�,��srY,�1�� as� �o � � Fasi tt�is h a then mon�y 1� �,ime aa sue thinkin�r er Rracedux�� g �n i�P'�8a�i ��'�ee af ��r s"� n�t sa��£Y tog f�71ow whate Teee�tly t ae �buocilm�n, a��ian m16h� ,b � th�y c�id �ou�.d �O pe� �h Wag on �xn�d W�t �� p ��t �,�+a the Council � was exP�e3 t ao for n ti,lu'�'�Q�i , exiri� Won a ° ktdrs'��, � , ', �uetail it. x+aill a� stoo� �'e sta��a this a�t�o ea y��tt1� i.uv � ��hi� P�an no� son to dela`J ,,ii' y, i,�; ` � �;' � `�i �� Y, es t1�e mO ��U ci7ma� ou1� o�]J" a�'�emP"� �°"�. ry "- � i ,' i aetrlme �t � t� on &nd �' � � � i � m��-ely �,c�lved. ,r, , ' ' � x��ort was x I��, � �a s, < i, l ; `,f �, � � � � � �� .� �,;',,i,� �' CouncilmaA�iWo�.keis�eted he had not; been in�erested in getting outside help � end he �wea 'di'� Che belief that the City Engineer hgd enough to do with the things'�thRt l�e was"suppoaed to do without spending a lot of time on Lhe N.S.5.S.D:�eV`en though'ha should be interested in it because oi Pridley, that it'appe&red to him these were qual3fied people and Fridley does ❑eed sewer�badly:',,He'furthe'r stated they had elected e member to the Board at large and,a�pointed one from the CounciT who t,he Council should hF3ve enough ' faith in to'dp,'this job� and to put blocks in the way of prelim�nary plans� etc.� seemed ridiculous. Councilman Wolke explained this was a plan for the City'of Fridley and it had been worked on a long time and it riouldn't be right to have,'��this plan jeopardized, that most people were prepared to pay because it would benefit them. The interim report in August was fine but the d�etrict''should still go ahead. „y Mayor Nee sait�,he was going to vote with Councilman Wolke end Sheridan end wished to'exple3n his views. He stated he iliought the District Board was ` wrong in doing ae they had, that it had raised some serious doubts in his mind on,the finance plans but at the same time, the finance plan tliat tiaas offered.uas,ex�iemely attractive. He further stated i,he District Board hed made some rea'1 conceseions to Fridley but until such time �s he was pur- suaded by some other information that the oti�ections of Fradley were wrong, it ehould be;qvi'te definitive. He stated the inotion o❑ the flaor �aould not accompliah anything except express the ob�ect�ons of the City Council and he had°already expressed same to the Board and until there was �omel.hin�; quite definite tha�t'would point in the other direcijon he taould rnth�r i-hat Fridley di,dn;'t take the same ection as Fisooklyn Park h¢d. • �� ;. Upph a roll,��ca'll Vote, those voting aye, Tlrook, Johanaon. Those opposed, Nee� Sheridan�,Wolke. Motion fazled, ' i , Mayor Nee,andpunced it woulcl be deslraable if tiPie Bonrd �would redt�c�e thA pro- posel'and�leit the City Council exomine �t. City Attorney Kohlan �riswered therP would be no'opportunity io reduce the proposale in writing unless i,he Bonrd determined to,'go,ahead with it. P4ayor Nee ans�aered they had done so on the previous propodal end was told this was a question if they sho�ald adopt this r plan. City Attorney Kohlan further explained that as far �s the actuc�l l' agre'ement� that still could be subject i,o some adjustment rz3th t2i<� commianii.ies � but this was"the proposed plan. If properties who heve no ce,sponls or mimici- pal pools wait they will pay �250.00, he explained; after a certain date they will pay $200.00 and'if the,y connect prZOr, 1.heir char�e would be �5100.00. If thexe Wese e munic3pal system ave11ab7e prior to this date, thr�re �iill Y�F no char'ge., , . The queeti0ri'to Mr. Kohlan as attorney for the N.S.S.S.D „ was saised, had they ordered the,p',1&na or epeaifications ox had they ordered the i�riprovenient. Mr. Kohlan answezed,it orders the im�rovement end plans and spec�ficai.ions drawn, that Alternate 3A'is described c�s a reduced service plan payal�le out of revenues. , DIRECTING PREPARATION OF ASSESSMENT ROLL - S�d The�City Manager,stated the Finance ➢irector wished to explain this item. The Financ�,Dire,;qtoxi'�xplained to the City Council the areas tinvolved, also, one of the,'basiq'questione that would have to be answered in the preparation of the aeeesament ro11 was the,y wexe praposing to assess the Sp3rtpn property. He'YUrther,ex�lained the Sparta❑ Store has never been char�ed Por a sewer lat- eral as the�e'were'a couple of houses in front of the etore and if the City charges the SpaTtan Store, what would become of the houses. The Spartan Store is ac'�ually cDnnected unto a main line but they haven't been r_harged Por it, They have deposited $5��00.00 for future lateral asseesments and have apreed� if this isn't run down the front line, they wall pay an equivcaleni.. The Ci£y Manager explained to the City Council that w�th regard to i,he i,�ao houses in front of the Spartan Store the City Attorney and he hnd worlced out a letter adVising these people so that i,hey cou]d get a better setLlement from the State but t}iey had settled before the hearing. He furthes• stated he had been,told,that one of the owners proposee to build an office buildting and there is a 1ikelihood of hsving to provide services for these two sma11 pieces of propetty,',The Finance Director explained types of plans available for this pro�erty and eXplained these were euggested aays of recovering the costs on this � �, �� ;' ', � � ' ° � ,� improvement and this is not ordinary. Counczlman Johanson raiaed'p�he question to the Finance Director if he could, at t� later date w3th 'the',help,of'�he con- sulting engineer� come up with a reeommendation. � „ I� _ Motioi� by dohatlson to adopt Resolution �99-1963 directin� preparat�on�of Aosess- ment Ro71 for Water and Sanitary Sewer Tmprovement Projec�t, ��10"��,�9,•,,:,Secpnded 6y Wo1ke. Upon a voice vote, there, being no nays, the motio�n;,casnie,d'unanimously. �, , ; "� � RESOLUTION ff100-1963 DIRECTING AEARING ON ASSB55MENT NOLL - SW��59: �� ,, ;� Motion by Johanson to adopt Resolution �100-1963 directing�p,ublio�t�6n o£ `J Hearing on proposed Assessmeni, Ro71 for Water and�San3tary'Sewer Improvement Pra,ject Plo. 59• Seconded b,y Wolke. Upon a voice vote� thek�e,beingano nays, tt�e motion carried unanimously. �',,�� i CONSiD�RATION OF WAIVFR OF SETBACK (70T 18, BLOCK 2, PARKVIEW'OAKB)�: � ' �", � The City Manr�ger stated at the time th�e had come up the Citi��Cou[�cil ,went through the procedures of ord�ring same �ihd City AttOrney�KQiilan had suggested they pass a resolution on it. The City Manager suggested th�t either'by,a tootion or a resolution this could be passed on and at the eame time appx'ove the public hearing on the vacation of the deacribed easement:7 , � �� i ,' Motion by Johanaon to waive the oetback rec�uirements on T.ot ].St Block 2� Parkview Oaks Addition. Seconded by Wolke, Upon a voice vote� tl�ere beinp, no na,ys, Lhe motion carried unanimously. RESDLUTION �701-1963 FROM T1I� NORTH SUBURBAN HO5PITAL DISTRICT RELEASING COON RAPIDS, MINNEI30TA FROM THE HOSPITAL DIS4'RICT; �,'ii� � , Motion by Johanson to adopt Resolution �107�].963 from the North Suburbah Hos- p�ta7_ District w$ich releaees Coon Rapid� from the Hoapital'D3etrict. Se- conded by Sheridan. ilpoe a voice vote� there being no nays�'"the motion , � carr�ed unanlmously. ,�," � ,'„ ; � � _.� . OTI�ER ➢USINESS: � �� Mr. Verne Johnson was pre�ent and stated he had asked permis$ion,of�the Chief of Police for permisa�on to have a benefit for a aoft ball 'ieam that had,been active in Fridley but had been told he would have to have Couneil;,approvsl. Motion by Wolke to grant pexmission,Yor said benefit. Folfipw�ng,'a general discuseion� it was generally a�reed that permisaion was not,�ne¢e'�eary,ior a private benefii,. Motion resr_indeci by Ylolke. With re�r�rd to the 73rd Avenue street problem� Councilman,Wo].ke stated„that if the cameras show that the action is great that there'must�tSe",3mmediate repair of the pipe below the street then it should be done in'the'eie¢tionl,tha't City Engineer Broian supposedly has had televised on 73rd. He"iurhCher�9tatecl�that � something ehould be done and get the work completed ins,tead�;of,alsays k�ep- ing eomething �n a cloudy area where the inference is somebo�yldidn't do�the right job. Councilman Brook, recalled that two week� previous�the'�'trucks, couldn't reach the industrial area on or near 73rd �and �etate�;�lltheyjwere trying to find out if this txaffic would disturb the sewer pipej�;�,,�,Yino;�� the�street should be put in. City Engineer Brown explained that,righ�,�now;,th�re,was light traffic and the heavy traff�c would be drawn out,thia vay'an�';i�,`cQuld damage the p� pe . � , � , �, r`� �, � i Councilm�n Shrridan etsted i,hey didn't know if there was danlage',to �he'iaewer I pipe now and w�s told by�City Engineer Brown there ie some',dgmag� therei,,now, that it ie out of k�lter both horizontally and veTticaly�*'i�nd,'I�heir��ex�,erience is now that there have been a number of major settlements alo,t}g,,,th�.s li'ne. The telev�sing was in a section where he had thought�there��rote'�s no prbbliem. Counciln�an Wo1ke xaised the queetion to City Engineer+Hxowil ;i�i', thig meant the rihole line should he televised and was told the sewer l�ne isrfull of 's�and. City Engineer Brown fur�her stated the City of Fridley�shbuld�,have'& pr,rogram of televising �bout 1�3 of the stree'�e in �he city� that tl�e�y,iakoul'$ have a routine maintenance program to take care of these strAete�., „�, '' , �� g�l �, � �, , � r'- i. � �t � � , y, i, �,. The Cit��Mena'�z raieed the ques�ion if tliis sewer line zaas so located on the 73rd right-oY'=uiay that this 24 foot wide �treet would be direct2y over it or could it go to one side of it� that perhaps it could be located to ore side an� o£f center it from directly over the line. Mr. Cpmstock :,tated it appeared to,him �this�was of minor consequence� that iF they had to dlg up 20 or 30 feet, it �+asti't a'major,thing but if they are talk�ng about replaein� tre entlre line depending on ��he evidence� he felt that woiild decide the improvemcnt. Motion 6y Johanson to authorize the temporary cunstruction of a tr-mporary base on 73rd AVe�ue� Able Stree� to T. H. #�ES. Seccnded by Brook. Upon o vo�ce vote� there tSeing no nays, the motion c�rried �manimousl,y. A discusaion'was held on the purchase of equipment to televise lines Lhrough- out the city and Councilman Wolke stated he was not a�ainst buying it but the City should have someone who could operate it �nd perheps buy �n on a trial basie with the training of help to be a part of the purchase. _ Mot�on by'Wolke`to attemp�, i,o cecure a demonstr�tion of televised equipment on that part of the sewer line between �1ble Si;reet, to T. H, f�65 using tne City of Fridley personnel. Seconded by Brook. Upon a koice vote� i,herz bein� no nays, the mot3otr carried unanimousl,y. � ADJOURN.d " . 1 , There being�'no further business, respectiul.ly, �submitted: � �% ' �� .Ptli�G�' i Sue Miskowic 6ecretar,y to,the Counci7, i � r� � :I ,� Pdayor Nee declared Lhe meeting ad�7ourned, SPECIAL COUNCIL MEETING - JUNE 4, 1963: a,yor �di11 i J, Nee A�special'meetiAB of the City Council of' the City of Fridley laas cal7.ed i.o order by'Mayo'r Nee. ROZL CALL�P Membera,Preaent: Brook� Johanson, Nee, Wo71ce �Members Absentt�l Sheridan i � WAIVER OF NOTTFICATION OF MEETING: Motion by,Joh&nson to waive the notification of ineeting and consider this a Special,Mee,ting of the Fridley City Council. Seconded by �rook. Upon a voice vote� there„being nd nays, t;he motion carrzed unanimo�asly. ' � APPOSNTNIIJNT Ok` CITY ATTORNPY: Motion by Wolke to retain the firm of Sigal� Savellcoul� Cohen, and ;�aeen, Attorneye at`T,aw� ea the City Attorneys, for tlie City of FridleV. T4oi.ion f�iled "far lack o? a secohd to the motion. � � Mo,tion by'Brook to xets3n t,he i'ixm of Hall, P,m�th� Hedlund, Su�t�i°, I'orsber�; end MeYlin� 'Attprneys st Law� as Llie City Ati,orneyc, for thc rLi,v c�f Fridle,y and Ear1 Iseneee as the prosecutin� attox•ncy for the Couri, aL Lhe role oF :�15.00 per hour. 8eeonded by Joh�nson. Upon a roll ca71 vote, thosE voi,in€ a'Je� Brook� Johanson� Nee. Abstn�nan�, Wolke. Moiion carried. �� l�D.J�iJRN • � _ � �� Thcre LFrn�; no fu�°ther k�ueiness� Mayor Nee declared the'meetthg'adjourned. , ReSpectiully submitted: � �' � � � ��° �, i� � / /.�' •�r�-f�,�`f�ci , �, � � � � �� k � ��tda or;- �i pm N,ee ti,ue is oti�tic Y Seci-ci,arV Lo the Council � s;' �'� � � � ��j� � �?� � � � � �i ' d,� , � , � �i �� ' � � � � ;IETCI�I r0im1CIL MCLTSNG — �TUI�n; 70, ]g63• 'IP , � � i�i�i i'�� , i , ' , The mec�in� t�ae e�lled to oxder b,y Mayor Neo at 12:40 P. M.'',i;! '� �;, , ��, � Membere Preeent: Wnllce, I��ee, l3rook � ,4cr�hexs Al�ecrt Sherid3n, 7ol�anson '. W;S�TiJTTON ni0. 102-7963 IIWARD7NG I3ID FOR CONSTRUCTION PROJEC'S SS��4: 7'he City Mo,ia�er adv2sed i,he Council th�t �he bids had been;�opened at noon, thi� dav� b}� him=elf �n thP pree�rice of L. V. Comstock� Cbnsulting'Eng'tneer� Parrel Clark� �ngineering �csisi.ant� Mayor Nee� and Counci-lmen Brook. The Clty Manager read the b2de as fc�llows; I �� C,OMPLETION }37nPFR P�ID D��POSTT LUMP SUM RID � TIME Cr�-si.r�l 1?xc�vating, C�. 527?_ We�t, Rr�adway M� nneapal� � � t9innesot,a Ilorbasorea ? Sons ROUt,r- ��3 Oseeo, P�l�nne�ota Sancl�trom & Hafner 71a� Porc�el, Dale Road P�ew Bri�'htcn 12 M7.nn ttt,. Pflul 1 . & M. 5�0 "]0 BZD Travelers 5r � 9�b50.56 6,700.00 - - - - - � � � �� `' � � �� J��;; .� � � � � �„ � I, ., �,'IAs S,pecifd�d � �� i � ` ' � ' I<nul,son-Seurer, Inc. Pacific 7�668.00 �`7�5, Qal�.� Da�'�s� 593G XPrxes Plorth P��t�onal , ��„ . Minneapolis 30, Mintt. 5�, �,', ' f� + ��I�, ° � �i� � �i� Jam�s D. i•lolfe Co. Ohio E��22.98 ��t��9�1�6� � � ' " ' rmers ' � ' 222 � La°t Co. Road F I'� � St. Peul 10, Minnesota 5`�� j";' ��',+� , � �� I � Walbon £xcavating Co. Fzdeli�y & 9,87�.09 `,I�,A��aL'.�Aay�" i� � � � sit • � '�II 1 i� ! De o � R 32+2 Har,hoay �. p M�nneapolis 18� M3nn. 5%�> �� , .� �� I� � �I�' �' � the bids , � � ' neei if he had an �commepte of� , Mayor ii�e a;ked the Con�u]t�ng l.ngi Y i , and Mr�. Comstock adviaed th�L- zt appeared that the 1'ow+�bi$ �aas appxaximat,ely 12.3� hit�her than the engineer�ng estimate in the�preliminai'y�'report� �and� that Sand4l,rom and Hefner was the appnrent low bidder,with &,'1�id',"of $6700'.00. Mot�on by Gouncilmen ➢rook, seconded by Councilman,WO].ke,�t,o,,l,a,dop��^,the��follow- ing resolution that the bid for Storm Sewer Improvement,Pro,je,ct';#��F be',awarded to ths apparent low bidder� Sandstrom & Hafner for $6700.00�,i'subject to a i,al�ula Lion of' all bide b,y the Consulting En�ineer. Upon a' voic,e vote�,'there bcin�3 x�o nays� ]'Qa�or Nee declared the motion carried. ,�� ' ri,, ., , _ II�„�.�� d l' �n � _�