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07/15/1963 - 00023221�� tF;GUr�� coUnlcrT, t�N��rING - JUI,y i5, 1963: � , , i �; �, � �,�, A regul�r meetzng of the City Councll of the City of Fridley was Ca11ed Ito order by Mayor TdFe at 8:12 P.D4. � � i ROLL CAT�L� � ,�, � Membcre Fresent-• Nee, Brook, Joh�nson� Wolke arrived at 9:02�P. M.� �� Memt�ere Abeent: Sheridan � , APPROVAL OF MCTdUTPS - REGUI�FlR MEETING, JUT,Y 1� 1963: Motlon by JoY�anson to approve i,l�e minutes of t,he RegUlar Meeting of July 1� 1963 r�s prepar��d anri received. Seconded by Brook. Upon a voice vote� there being no nays, thF m��tion carried wianimously. APPROVAL C1F MINLiTES - 3�OARD Or E9UALIZATION MEETIP7G, JULY 8, �1�E3: Motion L�� Johnneon to approve the minutes of the Board of Equalization Meeting of Ju1y �3, 79hj as prepared �nd received. Seconded by Braok.' Upon a voice voi,e, i,ti�re Ur�n� no nays� thc motaon cerried unanimously. OZD RU;INRSS: Ma3�or Nee annonnced there was no old business N?sW TUSINF,SS: PUBLIC NEARING - S � ;`, �� " �,� I Ii , , , —i � I �PARK LAICES2DE: � Mayor Nee annouiiced this was a public hearing on the final plat of Lots seven and ei�;hi, Filor.k one, Sprinf; Lalce Park Lalteside. 'Phe Finance �Director read the NoticF� of ftearing to the City Council. The City Mana�er'pr,esented the plat to the City Council iri the at�sence of the City Engineer.' Mayqr Nee,�inquired if there was anyone present who wished to be heard regarding the'above d;e�cr3bed tmprovement. L'ouncilman Johaneon inquired if a�en foot util3tp easement,was enou�,h. PQr. Comstock, consulting engineer, answered that a ten fopt easement would be accept�ble. The City Manager suggested to the City Council they could accept thc plat at this time, also. � � Motion by Johanson to close the public hearing on the finaZ plat� Lots seven and eiFrht, Alock one, Spring Lak.e Park Lakeside. Seconded by',Hrook. Upon a voice vote� i,hex�e being no nays� the motion carried unanimously. Mot�on by Jonanson to accept the fina�l plat of Lote seven and eight� Block one� Spring Talce Park Lakeside. Seconded by Brook. Upon a voice vote� there being no nayq� Lhe motion cerried unanimously. , � � PUSLIC HRARZNG ON IMPROVEMGNTS - SW��61: ",""` � Mayor Nee �nnounced thi3 iten was with regard to the ma�'or progrsm thie year on I Sewer �nd Water improvements� that some of the items had already,been recommended � for de]etion b,y the City Engineer} the City Manager and various spvrces and the ___� City Council was interested in hearing the commen;�s of the;,re�i@ents on'any of the other projects. The City Manager read the Notiee of Hearing,on�Improvements. It wae announced by Mayor Nee the City Council had decided to delete'Item A� of Sectiori A, Sdater Lateral and �,ervice Connections and Sanitary',Sewer;LateraT and Service Connect�_ons on 73rd Avenue N.'E. - Central Avenue,to,Trutlk Highway #65. �?' , i , , �; h� l,; � ;� : Mayor Nee announCed the first item to be cons�dered was Item B of Section A 4ihic;� is 73rd AvenUe,N.E. - Trunk Highway #E5 to Trunlc Highway #�+7. He furi;her sLated estimates andjfigures were available and thaL this was mainly connections out to the proper,ty'13ne, Mayor Nee inquired if i,hex�e were anyone present t�ho wished to be heard,with'regard to Item B of Section A. 'Phere was no one present in opposi- tion to'or in'favor of the proposed improvement. � Mayor Nee announced the City Council had deleterl Item C of Section A whicn i� 73rd Avenue N. E. - Trunk High��ay #47 to Zasi. Rdver Road. Mayo7r Nee annOUnced �he City Council had deleted Item D of SecLlon A which is in —� and along all atreets in and ad,7ecent to Fridley 'Cndustrial Park� Plai, No, l. Mayor Nee announced the following item to Ue considered was Item E oF Sectlon A which is'slong 5th Street north from 54th Avenue N. E, to Highway /�694. Mr. Com- stock � epnsUlting engineer� explained this was a small stub on 5i.h Street North to�the Aighway!ri�ht-of-way. Mayor Nee 3nquired if there were anyone present who wished to be heard with re�ard to Item F oC SectionA. Mr. J. P, Gfiens oF 5�+36 5th 5treet Northeast was present and statc�� he didn't care f'or tl�e sewer and'watex� that' he was speaking for a neighbor, Mrs. Ericicson� who wae also o�poeed. The petition,fqr said improvement wae requested of the I'inance OLficer h� Council- man Johanson. �'The Finance Officer explained to the City Council there had been no peti��bn;��'�t�,�at�this had been brough� up because the subject oi' pavin�, tYie etreet had come'�up previously. Mayor Nee inquired lf the residenLs zn the area had petitioned"for streets. Mr. Wiens si,atied they had not t,o his gno�iledge. The Finance Officer'stated that,, apparently� the street was included Zn some pro- ject alorig s'ome atage oi street work. Mot�on by Johanson to delete Item E of Section A �Stticki is slong 5th Street nox{:h £rom 5�th Avenue N. F, to IIi�hway ��G�4. Seconded'by Brook. Upon a voice vote� 1;here bein� no nays, the mot�on carried unanimously. Mayor Nee announeed the City Council had deleLed Ttem P of ;;ectior� A i,hich �s in and along'all etreete in Commerce Yark Addition, Mayor Nee announced the next item urould be TLem G of Seci.iori A��hich is along 72nd Way P�. E. irom East River Road to Aiverviev Terrace. Mayos Tlee �nquired i[ � there were�anyone presenti who wished to lae ]ie�rd wlth regard to 3tem G of 5ection A. Mr, Benedict Novak of 115-71st SJay Northeast was present end stated he z�as opposed to this improvement because tYiere were only Lti�o homes on tYie named ,treet that could be"served by it and one home had been vacant for the pas� ,yEai•. Mayor Nee sug�ested to the C3ty Council the deletion of item G oC Section A. D4otion by Broob: to deleteiItem G of Section A which is along 72nd Way N. �. f'roni Laet R�ver Road to Rivervi'ew Terrace. Seconded by Johanson. Upnn a volce vota, th�re bezn�r no nays� the motion carried unan�mously. Mayor Nee announced the following item as being Item H of Section A*ahich is alonq 76th A�enue N.�'E.'from Central Avenue to Arthur Street. Mr, Comstocic� consultin�, engineer�'explained the above descriUed �tem. Meyor Nee inquired if ihere were anyone pre'sent who orished to be heard with re�,ard to Item H of �ection A. MrG. George Erickson of 5436 5th Street N. E. r�as present and epoke �n f�3vor �C said improvement. Mr. Leon Modsen appeared in Pavor of the proposed improvementi. PJo one appeared'in opposition. Mayor Nee announced the de]etlon by the Csty Council of lten I of Ser.tion �*�hich is along 77th Way N. �. from Gumwood Street to Fir Stseet. Mayor Nee announced the reconsideration oF ILem .T oC Section � which is in and slong ell streets 1n Veit's Addit�on west of La�t River Road, 63 ]�2 to 64 1�2 Way. The property owners �aere present end stated they wanted sewes� aud water t+ut their land was,low. Moyor Nee �nformed residents Lhe City En@,ineer had x�ecommendzd _ the dele'tion b'f the item becanse the plat was not recorded. Mr. Comstocic, r_onault- ing engineer�' etated there was a note on the original resolut,ion orderin� a pre- liminaxy record. •The City Manager informed Lhe City Council the r,lat for 1.his area had never actu&lly been r�pproved. Nlayor Plee inquired if' t,he f'�gure oP Pi�,ht parcels',end ei'ght owners was correct and was told by tYie I'inance OFficer thie �iould affect other property other tHan what would be in the proposcd p]at. Mrs. GustaF Carlson stated they would like to lmow where roads would �o across their properi,y and how cloee to the present house the services would come and explati��ed they were on Lot' 31. Mayor Nee explained that unless they wanted this irnpr�ovement this y� yenr, i;h� C1ty Council had planncd bo delete this item fxom the,year'S pro6ram. Mre. Gustaf Car7son stated they were in favor of the imp2'ovetnept,;bUt',they had n� strcet,s or roads and wanted to �riow where these would come,�rom;i�,i� The Cit,y M3nafrer in�{uired of the si,reet �ddress of the i�es9dente end was told 641Fj Eaet RZVer Ro�d. Mr. ComsLock� consulttng exi�ineer� explained the area; aleo,, that chis plai �;�s not recorded and it would`�equire an easement to be abae to�go tl�rou�h it. This easement, it toas explained� would Ue for waCer and,eewer and the road. I t t�a;� further explained this area caas next to the Schwartz Addition and residents stated they had been wanting�a road for ten years,and wanted to lmow hrna ta qel, onc but that tin order to get euch a road would .have Lo move a hu�ldin�;. 7'h� City M�nsger su�p,esLed to the City Counc3l the'poaeibility of � their direcl,in�r his oflice Lo �et easemexits in accordance with�,the'iple'L bha� had never heen recorded. A discussion period was held regarding'�ser,vices.to the area, ihe ea.ements involved and the problems connected'wYth an unrecorded plat. Mot�on by Johanson to proceed with Item S of Section A',wh3ch is iri'and alonE; nll si,reets in Veit'_e Addition west of East River Road�, 63' 1�2'to 6�+ 1�2 Wa,y and 1,o aui,horize the Cit,y Plonagcr to obtain neceseary easements ,ior and Lhe complel;ion of Lhe plai.. Seconded by Broolc. Upon a voice vote� thgre�being no nays, �he moilon carried unanimously. �'� �, I',, Mayor Nee announced the consi�3eration of Item K o£ Section A which,,i,s a�long,6lst Aventae N.E. t'rom East River Road to West Moore Lake Drive. ',Mr.�Comstocky con- sulting c�n�;ineer, stated �hie was an connection with 61et Stree� �e�e State;Aid Road and explained the area rovered. Mayor Nee inquired if thexe�;wer,e anyone present who cai�hed to be heard with regard to Item K af SectlOni�A'which is along �ilet AvenuF N.I1. From �aet River Road to West Maoxe Lake Dr�,ve:,'y;The��jFinance Officer explainer� that a representative from Northern Ordnen'ce;had,preeented h�_mse1F at the CiLy Hall and the area had been explained,to'the'repreaentative �aho d�dn't st�t,e 3f Northern Ordnance was in f�vor or itt opposition•to �he pro- posed 2mprovemcnt. Thex•e was no one present in �avor of or in op�osition to tkie proposrd �mprovement. Mayor Nee announced the consideration of Item L of Section A which is'a�.ong Weet Moore Lal:e Dr1ve From 61st Avenue to Trunk Highway ��65 (Relative to M.S,A. Street Improvem�nt,^), P9r. Comstock, con>ulting engineer, explained the area 3nvolved. Mayor Nee �nqu�red if tYiere e.ere anyone present who wished to be heard with re- I gard to Iicm I of Section A. There was no one present in iavo�'o�'or in opposi- `! tion to th� proposed improvenient. i � ` , � , � Mayor PSee announced the cons�deration of 2tem M of Section A which is in and along all etx•eets in and adjacent to Rice Creek School Addition. 'Mr ✓ Comstock, consu)_t�n� en�,ineer� ex�lained the area and �ave a description oY the property involved. Mayor Nee,inquired lf there were anyone preaent who Wished,to be he¢rd with re�;ard to Item M of Section �, There was no one pY'esent,,,d}�'favor,of or in oppo�ition to the proposed improvement. j'; , Mayor Pdee annoianced the consideration of Item N of Section A which is in and along (Oth Aven�ae N.E. From Benjamin Street west. The City„Mapgger explained the area involved. Mayor Nee inquired if there were anyone preaent who,,�lahed to be heard with regard to Item N of Section A. There was,no,orie;,prea,e,nt in favor of or in oppo,�tion to the proposed improvement. '',' � �� Mayor Nce announcEd �he con�ideration of Ttem 0 0�' Section A wh�ich�'i's Bacon Drive from 75ih Avenue N. E. south 250 feet (Sewer) 310 feet (Water).� Mr. Comstock� consultin� en�;ineer� explained the area involved in the,improyem2nt. Mayor Nee inquixed if i,here were anyone present who wished to b� heard With regard to Item 0 oP Sect�on A. Mr. Robert Cavin was pre�ent and inquired of the City COUncil if they wenF, dowu 75th� would the City of Fradley pay half of th��,,iimprovement as tkiey own somc land and wished the City Council to be appr�,sed'iof,�he fact they had a Mr. Conrad listed in the lmprovement and Ms. Sacop stated•he,',shouldn't be � liGt,ed and Mr. Bacon didn't feel he wanted ses�er and watex iP Mr. Conrad+had to pay ana� part of it. The Finance Director si,ated he had li9ted Mr. Copxad's pro- perty as heinp; assessed� but �t would depend on whether or nOt�' he cou7.d get a- ilother 1ot in the area. Mr. i^7. Moen of 7�426 Bacon Drive ft�i;��.�',vaa preeept, and inquired, ,3s he had property ad,�neent to the Bacon property� Wiiat �he chaiges �aould be Yor �csessmente and vhat property owners were being at�sesa�d.;,Mr.,Com- s tocl;, coriGultin� engineer, explained the �eirer would be an, 8 inch�''�iine snd the watex� wou]d be a 6 inch line, the cost would be �2,217.00 on the,water,and �4�200.00 tot,al cost for sever and water� the owners to be"asae8aed would be the benefited pruperties ancl t,hese would be tre Cavins and,ConrBds�'plus the"City of Pridley fur pai^]; property. � i� �o I— � I i Councilman Wo'1ke arrived at 9:02 P. M. A disctission"Iperiod�Was held on square footage neceesary i'ox• building 1»mes, tlze feasibility oi' samei^and eize o£ lots. Mr. C. J. Fowler of 7�+2i Bacon ➢rive N.�„ wae present and �nquired if this project comes to �4,200.00 and th� City of Prid- ley'is going�to pay $2�100.00 and Cavins the other �2,100.00 whaL his portion would be if he hooked up to this project and Stated he had ]35 feet. The City Manager answered this couldn't be stated at thia time as it would have to be fig- ured in the ovex'a11 pro�ect and these �i�ureG on]y apply to thaL parttcular Poot- age. Mr. Fow1'er'stated he had never been approached and had never ha�l � ch�nce to sign"up,for sewer and water, It 4ras e�:plalned to Mr. Fowler Li�is pro�eci, hz�d been'preserited the previous year. Councilmau Johanson infor•med Nir. Fot�ler there was�no reason Why''he shouldn't havc sewer and ��ater buti that the Ci1;y Council doe'sn't &nstigate the proceedin�,e. Mr. Powler stated thet af he cou]r7 ��t sPwex and water'at the abave mentloned price he taould be in Favor of it. CoLmcllm�n Wo1ke explained these fi�ures were only for he�r�ng purposes and rrn�,l�t, ��ary t�bout 10�. Mr.,Cavin inquired if the Minneapoli� Gas Company wou]d run a]ine on the 30 foot eity 7,ine in this area and was told Lhey iaou]d. Cow�cilman 4?o]_1=e inquzred if Mr. Fowler petitioned and ziaived the righl, uf a public hearint;, could his pro- perty be included in this improvement. The Cit�� Mane�er stated that unless the party that would be assessed along wi,th hlm would ob,7ecti; they coulcl t�old a hear- ing after the fact but a hearing is still recommended and the hearing could be ordered'on a Qhange Order Basis; there would st211 be adeque�te t,nne in do i,h�s because plans and specif�catioris have to he dra,an. Mayor N��e reques LE:d thai, b9r. Fowler contact the City Manager and the other properi,y o�aner in tlie area and de- cide if they wished �o do this. The q_uest�on was raised that in thc everit t,his project costiz�g �4�200.00 is extended anather ]35 feet to tpke care oi other pro- perty and the'COSt would come to a total of �F,Op0.00� how �rould this be split by the iour property owners involved. Thc° Pinance Director explained 1.hat every- one elona that street would pav the same raL-e per Foot� that, ii, probably would even te spread further thnn that by includin�; obher sl;re�:ts zn pro�ert. lIe furLher explained that� normally� iF ttie work ls comparable that a11 prouerty o�aners pay the same sate per foot, Mayor Nee announced i,he item, as enn,idered� had no opposit3on involved. ' , Msyor Nee announced that Section B, Weter Laiera] and Service Connectinns located in all of the 'streets and sPrving all oi th�� area described as I1e�n A vYuch is along Eest River Road from O�borne Road eou�,li t,o norLh liue Lot �9, P,evi�ed ��udi- tor's 5ubdi�ision No. 77 had been recommended for deletion h� t]ie Cti1,y Council. Mayor Nee''announced that Sanitary Sewer Lateral and Service ConnccLions locaLed iri all di the atreets and serving all of the areas described woul�l l�e considered and referred to as Section C. i , ' Mayor Nee announced the consideration of Iteni A of Section C whirh ls a]on� 7tti Street from 53'rd Avenue N. E. i,o Mississippl Street (Relative to P;.�>.A. Street Improvements)',; Mr, Comstock� consulting engineer, explained the area involved. Mayor Nee inqUired ii' there were anyone present who wished i,o Ue liearrl vith ie- gard to Item'A'oY Section C. There was no one present in fovor af or in opposi- tion ta the proposed improvements. Mayor Nse �announced the consideration of Iteni I3 of' Section C �aYn ch � s along Broolc- view Dr3ve from Truhk H3ghway ��65 west 250 feet. Mr. Comstocl:� con:,ulting engineer, expla�.ned the�e ie an existing sewer i�at r>>ns Ylest elong �55 and Liii;a is a con- nection: Mr. Nagel� member oS the Planninp L'omnnssion� etat,ed i,hesc residenl;s i�fld already paid an aeseeament and are presently c�riner_ted and i,hey cou]dn't be assessed twice. Mr. $ob Lindbloom of E60b I3rookvieF� Dr�ve N. �,� was presPnl, and verii'�ed they were payirig ae assessmenl, aL this time. He further stated his e��icr had been connected from another lot and brovght to the edge of his property, thai, they had paid the same as everyone else. Mr. Nage1 informed Mr. Lindblaom that hie two lots should never have been assessc�d becanse they couldn't be scrv�d ond this �aas why the etreet'petit3on wae turned down about two years ago. Mr. Plap;el exp]ained that Mr.'Lindbloom had a connection off Oasley SLreei, to his hon�e. Mrs. Gerr�ty of Brookview Drive was present and exploined to the City Coiinc2l ttie,y were serviced off the lateral thaC runs directly South off the �ast-West Lateral main. Mr. Gerrity,stated'they would like to h�ve a road put in also, that tLere are mai�y times the cars for the neighborhood have to be parlced along i,he Ctate =ervice road. Mayor Nee inquired if the Gerrity and Ta]bot property use tlns sela�r s�rvice and vas told they have had it in Lhe street, �� Counr.�lm�n Joban�on suggested �0 1,Le City Council they hold this item in abeyance unl,il t)iey cou]d �et a report from the an�ineers and a seport,from the �inanee Oi'fi_cer. Tho City Manager ,u�gPSted tkie continuance oi' this item un'til Au�ust 5th and they would attempt to have a further repori, and not3£y,evexyone,.involved. Motion by Broolc to continue Iiern B oY' "�ec�ion C until August'�,,5th'� �+'t which time there wi11 be a recommendation from the City Mana�er's office':' Seconded�by Jo- h�anson. Upon a voice vote� ther� bein� no nays, the motlon.carrie$�unanimously. Mayor Nee inquired if there were anyone pre�ent who wiahed to',be,heard wzth're- gard to an,y of the projectis that hacl been previously discus,sed«'I�� Mayqr I�ee de- clarc�d the PuUlic Hearing on Improvements clased. !� , � , , y � � Counctilman 47olke inquired of the Finance Officer if� in the processl,of exiatin� proper�,y� Lhe CZt,y Council deletes or defers an�Y pieces of propertya�would this go inLo Lhe records and was t,o1d tlie assessment iaould be rerun �nd a copy sen{, to the County Auditor. Councilman Wolke referred to a blacktop;'�street where E& M Deve]opment Company had paid for the entire street because oi",the qpposi- t�on from the Ge�^rit,y'e and iF the lot in question is sold�', then E'Ba�M I?evelop- meni, Company slioiald be relml�ur.^,ed. There is� it was eXplained� e"�'or�'sale" sign on Lhat lut at the present time and when it is� sold this assessment should be spread. The Pinance Of�'lcer etated there was no assesament on�,that lot and no assesument for that particular street, that it had been discUS'sed ati'one time to re�mburse Lhe developer but ii, had never reen decided. , �, ,� RRSOI�UTIOIS ��] 1�F SW 1 ORDERING IMPROVEMCNT APJD PINAL PLANS AND 0 Mayor DTee announced this was a resolution ordering the improvement and f�nal plans and speciFicat,ione an SW �62. The CiLy Manager read the named resoluti,on. City Attorney Leonard Juster su�gested to the City Council there whould be a,four- Cit'ths vote and a ro11 call vote on this item. hfottion by Wolke Lo adopt Resolutton %�114-1963 orderin� Improyement and Final Plans and ;pecifications - SW ��61. Seconded by Brook. Upon a'roll,eal],�eote, Tdee� Ilroo}c� Jc�hanson� Wolke votin�; ln favor. No one opposed. Motion Carried unan2mous7y. � � �,' BOARD OF APPL^'ALS� JUI,Y 3, 29h3' PUBLIC HFI4RIPIG ON A RL+'�9.UEST FOR A VARIANCE FROM SECTION fi.1D �l� � �, �E ORDINANCE N0. - , - - - - -- - -- - -- � ��r Ma,yor �iee am�ounced thie wae r� public hearing on a request for,�a'variance by vaivcr oC side yard requirement from 5 feet to 3 feet to perm�t constxuction of an aiLachc�3 �*,�ra�;e. The C�ty Mana�er read the recommendation of the Board of Ap�ca7�. ��, � Moi,�ou by �,?o11:e� to concur a�th the recommendation of the Board' of Appeals and grani, {i�r reqLicst for a varinr�ce i'srom Section �i.1D of Ordinance N,o. �70 by waiver oF side yart� requirement from 5 fee� �0 3 feet to permi'G'cons��ruction�of,�an,at- tachnd ��za�;e �n West 73 £eet o(' South 140 feet of East 29�.$'�;fee,t' o�, Lo't 9� Melo]_and Cnr�lPns, Anoka Count,y, Minnesota. Seconded by Brook.��Upon ��.voice vote, t,llere bein, no na,ye, the niotion carried unanimously. "'� �� , FLAPIPITTiG C;OMMTSSSOPI} JULY ll� 1963: PUSLIC IiEARING: PRELIMINARY PI�P.T - AI,ICF ADDI�ION - P.S. i � , �„� . �� ' �I 3-05; �LOT ,SB+. J-�.� civi� i�uvL�»vir nvi+l�vi� i� ��LU��.�.✓.�.vir ilci� .+� — ' H rr �'� �� i - Mayor Nee announcod this �aae a pub]ie hearing on the preliminaTy��p�at'of A1ice Addition. `I'he City Manager read the recommendotion o£ the Plaririir�g,iCommissjon. Mr. Fosl�en was preaent in i�vor oY the preliminasy plat and tio��ianewer.a'}�y ques- tions. Co�mcilman Johanson inquired i£ 66th Avenue were to be'cU� thr0�}'gh.�as �t hedn'i,l,een as yet. Mr. Fos]ien explained there is a 34 foot,Btreet at present and he *,�ould E;1ve an addition�l 20 fc�et. � � , �� I , MotiOn by Jphahson to concur with the mcommendation bi i,he Planning Commission and a'ccept tliis as the preliminary plat of AlicE Addit�,on - P. S. ��G3-05; Lot SB+, Lot 5-q� 2nd Revisiott Auditor's Su6division /�21, F. F. Foslien FIomes, Inc. Secondecl by Brook.' Upon'a voice vote, there being no nays, thc motion cax��°ied unanimousl,y. � SPLIT REQi1�5T: L.S. LEY PARK. BLOCK 15: i- MRS. ARTHUR C. ANDEP,SON: LO'S'S 23, 21E, AP7D 2 — Mayor Nee announced this was with regard to a lot split request by Mxs. Elrthur C. Anderson on Lote 23, 24, and 25� Fridley Park, Block 15. The City Dtanager exp]ained to the City Cquneil Mrs. Anderson had been unaUle to get the required surveys and had requested this item be tabled. There taas no action taken by the City Council. PI7BLIC FIEARSNG: AMENDMENT S�CTION 8.8 - AAEA RF3QUIRP:MENTS FOI2 D47LLI�ING GROUPS • It was explain�d'to the Ciby Co�ancil this was the amendment to tl�e ordinanez l;hey had looked at on�land area for dwelling groups. The Citiy Manager explt�ined the Public Hearing had been held by the Planning Commission and they are recomraendi�ig the City Counc3l proceed to pass the ordinance. Mot3on by Johaneon to concur with the recommendaLion of the Planning Commission, grant approval',of Amendment Section £�.8� area requiremc�nLs for dvEllint; �roups and order a public hearing. Seconded Uy Brook. Upon a volce vote, there be�ng no nays, the motion carried tananimously. COMMUNICATIONS: ST.'WILL7AM8'CHITRCH - CUL-DE-SAC: The City Manager expla3ned to the City Councll this communicaLion involved a road plan which had„been Yiefore the Planning Commiss�on and SuU-Comm�Ltees� i,hat he had presented this request �o the commissions with what knowled�,e he had which was that the St. Williams �hurch wish to use this outlot without the ro�d running through it. He further exp]alned the Plannin� Commission and Pla1,s and ^aub-Corn- mittees suggest the cul-de-sac not, be placed; they ieel there should be access back on up to 6gt� as there is a problem oF natkiin� heing eUle i;o loop i,Yie wai,er and'their reeot�meudation is not to change the plan as presented. CoLmcilman Wolke stated•this was not �logical as the community would be benei'itin� by getting additional,�schpol facilities. A dlscussion period was held on 6he fr�as�b�l�ty of water serbices. Mr. Robert Ducicley� trustee of St, Williamy Church� �ta.ted et thc presenh ti�te the architect;'�i'e survey is being made in St. Paial� the church h�s a lii.i,le over eix acre� on�,6ist and this land has ten acres and this is the reason [or consid- ering the property at this tlme. The City Mana�er stated the Plannin� Commission had specifically spent a great deal of time making certaln there vas a road plan Sor the area. Councilman Wollce esplained Lh�s �aould be logical if the area would continue with housing but t?�ere is no xeason wliy a change can't l�e niade. Counctl- man Wolke an�i, c�ohe.n�on agreed {;he ordinance� lF it taere �ffected, could be chan�;ed or waived. ,Councilman Wolke e�ated he had been to a meetzn� wzth eevera] ini,ez- ested people wYio'had met with Father Keefe ot' St. Williams Chw°ch r�nd the proposal had'been'�o �mt the scho�l a.lon� the Greek in the proposed area. Mr, Leon Madseiz was present to explain tb the City Council how Che fuLure planc a'o� schoole, convent� parisl} house� etc., wil] be u�ed. Co�tncilman F/ollce cLeit,��l t.liis out]ot, belongs to the peopfe who are makin� the requesi, and lt is goinE to l,e a rn�tter of record and anyone buyang a lot in the ares 511UUZC{ be aware oP il,. Mayor I�ree stated that ae the outlot had never been plattrd, the City Cowicil �i+se talkin� about somethin� that doesn't exist. Counc�lman Wo11ce replied thal �t, di3n'i, uec- essarily follow'that the owner should plat. Motion by Johanson that the City Council is accc:ptable to a cul-de-sac or any beLt�-e chrin�e thet mi,�;ht be made in the plat w�th �efe�ence to Outlot one, Hollday II�Ils subject to',St. Williams Church approval, ueconded Uy Wolke. Upon a volce voie, there being no'na�s� the motion carried unanimously. CITY ATI'ORTSEY = LICENSE BONDS � r i M3yor Nee �nnounced this was a communication from the city attorneys'concern3ng tlie de]eLlon of' 1�cense bonde. The City Manager explained to,the C1ty Cbuncil Lhey could, by motion� turn this ltem over to the City;Attorney,'so thst� it could Ue made Znto a form that could be acted on and explained ther,e was�no reason it shouldn'6 bP r�one. � i ' Motion by .iohanson i.o authorize the City Attoruey to draft the proper, ord3nance with regard to lxcense k�onds. Seconded b,y Wolke. Upon a voice vote� thetelbe- in� no na;�s, the motion carried imanimously. , � CT SIXTY-(JNCs` CORPORATiON - LEASE: -- � Mayor ilee �nnounced this conimimtcation was wii,h reg;�rd to a proposed lease w� th Pro,�ec1, Sixty-one Corporation. The City Manager explained the Ci,ty Council had aui;horized him to check on th�s item because oi the store that lwas ideally lo- cated in t,he I[olly Center and Fras told that Mr. Levy had just v�S.gned a lease i,he wE•e'_c hr>_fore for Project Sixty-One Corporation. Mr. Levy had',ee1fl he',would Ue w�llin�; Lo build a store ei{;her next to the Gamble Haxdware Store and had olso orall,y stated a store cou�d Ue buil� next to Snyder Drugq'Ntore. Couticilman Johanson st3i,�d i�hat they had been nver and inspected the store in question and he wa� nol, certatin� at this time� if the City needed to add'on to '�he space they olready had. Councilman Wollce stated thai, as for revamping„t}�e,;pxe9ent Store� whatever would be necessary would be proper but the idea�,had 'b'een tha�t the*�traf- f1c �cro�s the hJghway would warrant not closing this at6re but adding toiit, that even Cr Lhe sales drop� i.he point would be �ottin� the m&ximum`sales. Mayor Nee e,tai,ed hc had been told a number of �aomen dislike to park at the'present site and Crom thF sl,andpoint of contact, the other site would be a!better location. Councllm�n Ido]ke suggested contaci,in^ the eame firm who had bualt the cooler in the present Gtore and� uithout �nlarginp the store, enlarge the preseat cooler. Counc�lmm�l�rnok explained the m�nner the co�ler was presently Set up it was ,7ust t,al;�n� up space and it was not being used properly. � i Motioii by ,TOhanson to receive and place on £ile the letter,i�om Mr.' Fred P. �evy � of Pro,7ect„iy,ty-One Corporation. Seconded by Brook.' Upon a voXce vote� there bein�-, no nays�(,l�e motion carr�ed unanimously. �i � ---' Motion Uy Sohanson to authorize the City Manag,er to proceed with the installa- tion an�i enlargement ot the coaler in Store �4. Seconded by Brook. ;Upon a vazce voL-c, there being no nays, the motion carried unanimouely., r ;, COMD7IIINICF�TION FROM MR. MC CI7BREY OF STFlTE HIGHWAY DEPARTMEPIT: It, was explained Mr. MeCubrey of tthe State Highwa,y Department��had�requested a Spec�al MFeting of the City Council in the Fridley City Council'Chambers on July 2^cnd at � P. M. at the City Hall to coneider the Storm Drainage pxoblefi. The Ci1,y Council agreefl to meot-on July 22nd ati 8 P, M. � ��„�i „ PROPOSAL P'ROM NORTI�ERN PACIFIC RAILROAD: Mayor Plee expla3ined to the Cii,y Council this letter from the Northern Paeific Hailroa� was with regard to their industrial property %or thel,use�'ot' rec,restion purpose� ti�h�ch would xeplace the M�dland Ball Park. The,ionlyiqwestion,aittached to the 7equest, would be that a vacation of 30 days notice wou�d,have',to be in- cluded. 'L'l�e C�ty Manager sue;gested if i;he City Council wiahed to approve the proposal� they could do so subject to the approval of the Oity Attorney and he would sjgn same. , � , , , h� i Motion b,✓ Wolke i,o approve Lhe proposal from Northern Pac3Yic�Railroed to lease a p�ece of property for recreation purposea suUject to the approva,l of the City Attorney. Seconded by Broo7c. Upon a voice vote� there be3ng no nays� the mot�on carr�ed unanimously. i ' �i VISITORS• There i+�ere no v�sitors, CLAIMS: �� i � , , � � ��8' � � �� ; � _J I �-- i � � fs � �I�I � � , � �, �' Motj.on by,Wolke to approve,Payment of General Claims ��576 through ��u77. Seconded by,Johanson. qUpOn a voice vote, there being no nays, the motLon carried unenimously. Motion b�,Joha�i'eon�to approve payment oi L�quor Claims �5465 throu�h ff550B. Se- conded by,Wolke., Upon e voice vote, there bein� no nays� the motion carried unanimously., � � � � Motion by Brook to a,pprove payment of PuUllc Utilities Claims ��2h2f; through jf2CG7, Seconded by Johanson. Upon a voice vote� there bein� no nays, the rnot�on carried una�imously. ' � � ESTIMATES: � � Motion by Joheneon to approve the i'ollowing est�mate: EST. N0. , 14 8 8 2 9 8 PROJECT Water Improvement Proj. No. 3�a-J� Sch. 1 Water Improvement Proj. No. 3�+-J, Sch. 2 Water Improvement Proj. No. 3�%-L, Sch. A �Water Improvement Proj. No. 3�+-L, sch. B ;$anitery Sewer and Water Imp. P��o�. No. 55 Storm and Sanitary Sewer Tmp. Proj. No. 58 Seconded by jdolke. unanimously. � LICENSES: TOTAL AMOU[QT � (? . 00 �17•�0 36.00 92.25 63.00 it).00 �'� 39t3. 2 5 Upon a voice vote, there being no nays, the mottion carried Motion by Wolke to approve the following licenses: GENERAL CENTURY CONSTRUCTZON COMPANY 4779,Osaeo Raad Mlnneapolis,, Minnesota HOME SERVICE COMPANY 1148 Arcadel;xl,ipenue St. Paul� Minnesti�ta MASOIdRY � � � C. L. Wilson„(7emen�E Company �633 ; 35�1i Avenue South Minneepoli,s� Minnesota �, ,I � . �.i', Hutton Plumbing, Inc. 215 West 72nd Street Minneapolis� M3nnesota by� R�chard L. Smith by• E. P. Jester by C. L. Wilson by: Tom Hutton Fene�aal New Renewal New ueconded by Johanson. Upon e voice vote, 1,here being no nays� thE mot�on carried unanimously. REPORT �N SS#51 BY CONSULTIPIG ENGINEERS; , � Mayor Nee'inquired of the Finance Officer ii he wished to discuss Lhe report on SS #51 by the consulting engineers. The I'in�nce Officer stat�d the re�,�on he had brough� the matter to the attention of the C�i,y Council was because of t,he i,wo year bonds ezpiring and the city would havP to do something eitli�r l�y levying �n �r assessment to sell bonds or take this amount out of general tgxes., The Finance OfTicer siated he would like to have thzs matter taken eare of.�, Councilm8n Wolke lnquired if i,his could be assessed on the baeis of becoming',5 �art of,a lerge drainage �rc�a. Cit,y Flttorney Leonard Juster informed tY�e City, Cbuncil they should not aese„s twice. M�yor T1ee inquired how large a drainage area Waa1d this be assessed agalnFt. The Finance Officer answered it Would take'in &pproximately halF t,he w�dth o£ the lote on the North side o�' Massiseippi St,reet.' � Councilman Wollce stnted i,he bi�gest porLion of this assessment would be,paid by the shoppang center and the City of Fridley. Nr. Comsetock, consult3ng engineery stated Lhe onl,y part of t.he storm sewer that is permanent is the catch,bssin�bui"�his would aleo so7ve the draina�e problem c�t the City Hall. The Financey0f�'3'cer explained to the Cii,y Council there is a very small revolving fund ava3l�ble but he sug- �;eei.ed th�ir diGposing of the item. Mr. Comsi�ocic stated thst,dh the� report of his company there is benefit and ii. could be nssessed but thet� they had made some exceptions. Councilman Johanson stated he felt the City,Covne'�l+had com- mitted I,hemse]vec to the residents by telling them this asseesment,would be Yteld in abcy�nce. " �� Mo1,�on �� Ido]l;e to cloee out Yroject �51 and pick Up monies Prom the xevolving fund and rir�lay the pro�eci, unti7 a later date. Seconded by Sohanson. Upon a voice votF� tYiere being no nays, the motion csrried unanimousl�y. � APPOTPdTI�ff;PTTS Moi,,ozz b,y Johnnsan to approve the following pppnlntments: PIAMF YOf;ITION SALEIRY Cl�arlotl;e Stirnen Wa�t�,ess �1.3�+ per �iC?7 Pti�rce Slreet N.P. Fridley Lounge hour 4;}iitnF�,�� f;ti � Pf Seconded by FS�°ook unentmous]y. CONSIDERP9'ION OF IP _' Ma}�or �dee ❑nnoimced this was i,he concLderat�on of the insta�l,1&tiqri� qf� a pressure pump. Tho Cit=� Man�ger explained Lo the City Council the prnpqs8:1 �orked out vith the consult�ng engineers and stated he hrad duscussed tliis„mattex,with the City Rn�lneer ��ho felt there should be an extxa study made,'of,the,;entire matter. The Coct of zhe pump in question vas approximately $2�g00.00;and eonstru,ction *�ould be ndditional. I1. woulrl have to be an en�ergency oxdinan�Ce,�beded ,b�n. the Ci�arler wl��cl� zaoulQ order thc emergency ordinsnce� the City Menager explained. Mayor Nee st,at,ed his understan�7tin� �aas t,hat the City Couneil di;d ort}�r the pres- sure pump an�l 6hey would �usi, t'�n�]ize it. �"� d'� ' � i;l ry ' 7t� � i i Motion hy Wolke� to aui.horize Emergency Ordinance {�241 orderin��',the�Pressure Pump erid In,tal7ation•of seme for the Marian Hills area a's,desigt�ed'iby consult- ing en+�in��ers, Cometock end Devis, Inc. ueconded by Johansoti:„ Uponf!a voice vote, l,1zeY•e be�n�; no nays, the mot9on carrled un�nimously.' ,;' � � „ � ,i COMMUNiCATION - RE: VENDORS. � �" ��, „� I'� Mayor Nee inquixed ii any members of the Ci�y Council w�`ahed.tq��i,'We,an+iexpress- ion on the cr�mmtimication regarding vendors. The City Manager'�,ex�p]giaed�',�to the Cit,y Counril. the�t in the ori�inal ordinance drrjwn there were'two �'e'ople �equired for the ice cream truck but Council had deleted one peTSOn: ;C,dunc31.ti7an Wolke Ptated �;hat a1, the time this ordin�nce was wri�ten� it Was;pUt'�;3i1'�o��,��fEe�C't�,�be- cause il, had become a hazard for children due to their running��.t�to�the�,"etreets. CiL-y FlLLorne�y 7uster informed the City Council they had'aUthority tp do'eny`�hing they chose under thie type of ord3nai�ce, that Golden Valley doeari't,allo�!, any vendors on �heyr streete and i,his ie sblely vp to Council dis,�cretiion: °Mayor Nee Memher nf Cii.y-;chool R?creation Comm. � ' REPLACES 6hir�ey Jee�sen None Robert J, Hughes Texm expires 12-31-64 � Upon a voica voLe� there Ueing no nays� the mption carried � �� PiJ��P: EMERG�NCY . + � ._�i � --.� � __J � � �� i�� , ��' ' � stated,he,felt',,that the requiring of two people in the vendtn�; truck r�t a11 tiires was an attemp'tl"to put the vending people out of business Uut he thought i.he re- quest to elim'inste all noise makers on vendiiig trucks and limiLing t,he time Lo $:00 P. M.' Ypr,'stopping the vendors on the streets was reaeona6le. Muyor Nee stated he hadlbeen coni.acted by Mr. Wayne Anderson and was to13 tl�e truck in ques- tion wae doirig a talk over a loud speaker system. It was iurther explained tlie City Manager,'has the authorlty to take these trucks off of heavy trafl'ic etreets. � Motion by Wolke' to refer the lettez' of Mr. Wayne W� Anderson� o'710 Monroe Si,reet N. E., to the City Attorney to execute Items one c�nd three in said letter; these items bein� Ck�e elimination of"all noise makers on vending trucks and tUe linnt- ing of the t'ime to 8:00 P. M. as to when vendors must stop. Seconded Uy I3rook. Upon a voice,vote� there bein� no nays� the motion carrled nnanimouel;/. OTF�R BUSINESS: The City Manager announced the preparation by tY�e City Attorney oF a resolution regarding former City Manager Ernest Madsen. Motion by Wolke to adopt Resolution �115-19L3. RESOLUTION WfIE1�EA9� Ernest Madeen has �g�ver. many years of dedicated sex•vice t,o the City and'people of Fridley� both in his capac�ty as former Clty hlnnag�r and as a citizen of the City� and Wf�RFAS� Mr. Madsen's contribution to the developrneni, of the City of Fridley as on� of the leading Twin City suburban comniunitiee is inestimab]e, and WHEREAS� the Cit,y Council oi' Fridley k�as noted with re�,ret, the death of this distinguished cltizen on the �th day or July, 1963, NOW� Tf�REFORE� B� IT R�SOLVSD: I. It is the sense oF this Council Lhat L'rnest Msdqen hos honor�d the City oP Fridley by Ms being a pax1, of the C�ty's forination as City P6�nager and by bein� a ci�izen and business man with a deep feeling of e.ocial responsibility in the community; and IS. " ThiE'Council wishes and hereby does hunor the memary of Nlr. Madsen and directs'that the records of the City show for all time, hy t,his Resolution, t,he feelings of tYiis Council end the people of Frldley ln commen�oration oI' hzs efforts in our behalf; III. Tt is directed that this Resolul�ion �e euitably framed and presented to the family of Mr. Madsen ln tolcen thaL- th� people of the City of P'1•idley share in the loas of Ernest Madsen and in the �;rieP aL h�s passin�;. Dated th3s 15th'day o£ July, 1963. ATTEST: I ♦ ` " �� C1erk �!� � L�! uti� � City Mana r - , " � � � ,� Will� am �7 . blee yor Glenn 11. J��hdnson Covncilmati Pe Ler Broolc Cnunc�lman Bernard h. ido7ke Counci]man Counc7lman I� Seconded by Bxrook unan�mous7y. AaJOCJRAT; Upon a voice vote� there being no nays� the motioh carrxed � f� i „ � Motion Uy Woll,e to ad,7ourn the x�e�ular Council Meetin� of Ly Johanson znd Mayor Nee der.lared the meetin� adjourned'. thc�re brin,q no naysa i.he mot,zon carried unanimously. Re�pncifu]ly eubmitted s`- ��:o�,�-",� � . Secretary to the Council �PECI�L COLIDTCIL N�ETIPIG - JUTY 22� 19(3 A snec�a] meetin� of the Ci1,y Council of b�a M<�yor P�ee a I, 3: 55 P.M, ROLL CALL: � . � �� duly 15� 1963. S2conded Upon a' voice vote, �� , i � ; ' �, .� � I VV ` MAYOii - Wil m J., Nee �, � � � the Clty of Fridley was called to order A9embci°s Presoni,: N�e� flrook, Sheridan� �dolke Tlembrr;: Abscnt,. Johnn�on � I, i MINN�SOTA STA`IT HIGAWAY DEPARTMCNT - RE: STORM DRAINAGE'MEETING'REQUES'1'ED BY DISTR3C7' A1NC.INP;ER: � ; ;I`� '��' . , � Nr. E. J. McCubrey� Distxic� Pn�;ineer� Mr. D. F. MeFadden� Deputy District Engi- neer� D1r. P. G. Ve7z, Hydraulia L�ngineer, Mr. F1oyd Lauman� Assiatac�t Hydraulic Png7neer vere present to discuss tatith the City Council the,l�'te�`t,r6boTTn drainage sLudie; oJ' t.he Alinnesotn Stai,e Higkiiaay Department and Columbie;�,F%i�hts C,onsulting Enginc-�er;s cie, igns consisl.inP of Plans �?-1� B and C involv'ing, an' ouifall� �.lpng �f�9�i (HiPl�w�y �]00) £rom Univers�ty to tbe Missi9sippi River ;and along 4,�th Ave- nur. Plortheast extended Y7est lo �he Miestssippi River from HighWay��47 or a com- I � bin�t�on thereol'. ', , '„ Mayor ldpe ann�unced the above descrZbed meetin� and requested!,tha't Mr,. Comst.ock, consultin� en,q�neer fdr Fridle,y, give an explana�ion of th��;s,�it}�a,tion an�d recom- mendation^. Mr, Comstock expla�ned i;o the Cii.y Coancil that-'s-iew mtlnths pre- vious 1:liere wa3 � mee�in� he1�9 by the Columb2� Helghts engineeTS'and C1ty of rridley engi_neers �nd city mana�;ers. This had been brought',about by'the Council of i,he Cxty of Fridley reque�tzng such a meeting. At this meettng i't was sug- gcstFd that anc�Lher stud,y be made on joining Llie North University and South Universit� projecLs into a common outlet to be constructed in'a Yight�o£-Way of ��Fi94. The IIi,Uhziay Dep�rtment made a deeign �nd the figures wei'e reviewed by the consull,ii�� engineers £or Columbia lieight� and they have isaue,c�land a,ddendum fjone Lo t,he Storm Drainage Report and� at the 'present time� it'h&e been discussed by the City Mana�rere and i�here might be some �light reviaiona. The"City Manager stated he had called the City t�anager of Columbia Heights on'the'repo�t�and he was to have met on Frid�y and c�es unable to coi�tact him. ' � � I� �,�� , , ,II �'� � ,,, �,�i . Mr. Cc�mstock retid the recommendation to the City Council t�a�i�''liad ,been,�drawn. The recommendstion covered three Uasic deeigns for storm drainage; Plan #A=1 involvtinE t,he 42nd Street outlet as wel� as the North,Univeraity and immediate area to the South; Plan ��B iaas a study that the Highway Depar�mettt'made on the � � �!'y ' , �,¢�' ��' i �, �1 _J