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09/04/1963 - 00023162��b DISCUSSION OF Tf� INTERIM REP�RT ON SEWAGE COLLECTION AND DISPOSAL. NIr, Wo1ke stated the report should be revieWed by the Water Pollution Con- trol Commsssion. Mr. Wolke stated that an article appearing in the Minneapolis 8tar on August 22� 1963 should be made a part of the report as it concerned the North Suburtan Sanitary Sewer District and Brooklyn Park which had pulled out of the District. There was discussion on thYs matter. The Mayor and the Cauncil ��ere of the opinion that this insert should be put in all of the reports given out. There was no further action taken. ADJOURNMENT: There being no further business, Mayor Nee declared the meeting adjourned. Respectfully submitted: . ��-� Marvin C, Brunsell Ac�ing Secretary to the Council REGULAR COUNCIL MEETING - SEP'I�MBER 4� 1963 �T y' j�'� i,'l.�U-�.•vv� �`� � �'�-�-�,_ Mayor - Wil m J. Nee A regular meeting of the City Council of the City of Fridley was called to order by Mayor Nee at 8:40 P.M. ROLL CAT.L: Members Present: Nee� Brook, Johanson� Wolke Members Absent: Sheridan APPRDVAZ pF MINUTES - REGULAR MEETING AUGUST 19 1g63: Motion by Johanson to approve the minutes of the Regular Meeting af August 19, 1963 as prepared and received, Seconded by Brook. Upon a voice vote, there being no nays� the motion carried unanimously. APPftOVAL OF MINU`iES - RECESSED MEETING� AUGUST 20, 1963: Motion by Wolke �o approve the minutes of the Recessed meeting of August 20, 1963 as prepared and received. Seconded by Johanson. Upon a volce vote� there being no nays� the motion carried unanimously. APPROVAL OF MINUTES - SPECIAL ME�TING� AUGUST 22� 1963: Motion hy Johanson to approve the minutes of the Special bleeting of August 22� 1g63 as prepared and received. Seconded by Brook. Upon a voice vote� there being na nays� the motion carried unanimously. OS,D BUSINESS: SECOND READSNG AND PASSAGE OF ORDINANCE N0. 246 k1MENDING ORDINANCE N0. 70 - SECTION . . Mayor Nee announced this was the second reading of an ordinance to amend the zoning ordlnance of the City of Fridley, The City DZanager gave the second reading of said ordinanee. Motion by Johanson to accept this as the second � 1 lJ ����� readang of Ordinance #246 amending Ordinance No. 70 - Section 8.8r adopt and publish same. Seconded by Brook. Upon a voice vote, there being no nays, the motion carried unanimously. READING AND TABLING OF -20- 3 : ANCE VACATING PORTION OF CHARLES STREET i�Iayor Nee announced this wae to be the second reading of an ordinance vaca- � �ing a portion of Charle= Street. The City Manager stated there was an agreement by the subdividers in the area and though they had been contacted and are in the process of contactin� the City Attorneys the agreement had not been consummated and requested this passage of the ordinance described be taUled. � � Motion by Brook to table, until the next regular meeting of the Cit,y Council the second reading of an ordinance vacating a portion of Charles Street. Seconded by Johanson_ Upon a voice vote� there being no nays� the motion carried unanimously. RECREATION COMMISSION - RE: SEACH CONCESSTON (TABLED 5-5-63 & 8-20-63): Mayor Nee announced the above item was with regard to the request the Recre- ation Commission had made regarding the exclusive right to operate the Moore Lake Beach Concession and that it had been tabled at the request of Council- man Wolke. Councilman Wolke stated he had not had an opportunity to meet with the proper parties on this 1tem. Motion by Wolke to table the request by the Recreation Commisslon regarding the Moore Lake Beach Concession until he would return �ame to the Council floor, Seconded by Johanson. Upon a voice votea there being no nays, the motion carried unanimously. NPW BUSIIdESS: HEARING ON GRAVEL PIT AGREEMENT: Mayor Nee announced this was a hearin� on the gravel pit agreement on a land alteration permit by Alexander Construction Company and explained this was not an official publZC hearing in the sensa that it had any legai implications but the City Council did wish to discuss same with the residents in the area and requested a statement from the City Manager. Tne City Manager stated that up to date� the Alexander Construction Company had come before the CiLy Coug- cil to work out an agreement between the City Council and the residents in the area and wished to work in the area and develop the land described in a manner satisfactory to the residents. He further explained that City Attorney Smath� Councilman Sheridan and himself had met with Alexander Construction Co. and did come to terms which could be satisfactory to Council consideration; that Alex- ander Constructlon Company had agreed to terms in writing and the City Counci7. had directed the City Attorney to sur�marize same relative to ordinances which had been done including bond to be posted� etc. In addition� it was explained� Alexander Construction Company had suhmitted a plat plan showing the proposed topography in which this would be developed and the C1ty Council Y�ad referred this to the City Engineer for an opinion regarding adequate drainage and sewer and water facilities after the ground had been developed as proposed. The City Engineer had reviewed same and submitted it was feasible that these facilities could be available on the basis of this proposed top��3raphy. Tt �aas further ex- plained by the City Manager that it had been previously determined that the citzzens in the area would be notified and notices had been sent out and every- body that had property sbuttin� should have received a notice. The City Manager presented drawin�s and stated the Zand Alteration Permit had been suL-stantially completed and if the City Council wished to permit this� the Land Alteration Permit could be completed as preset�ted. Mayor Nee inquired how many residents were present in the affected area. Council- man Johanson suggested that letter from CiLy Attorney Smith regarding this matter be read by the City Manager as it explained all items and would� possibly, answer questions of residents. The City Manager read aloud the communication from City �u� Attorney Smith regarding the Land Alteration Permit of Alexander Construction Company explaining in detail the request� bond requirements, permit fee� removal of gravel, final grade in the area� egress and ingress, liability insurance� hours of operation} and length of construction time. Mayor Nee stated if enyone present wished to examine the sketch, they could do so. A discussion period was held in which residents examined sketch and made in- quiries relating to time} etc. Mayor Nee asked if there were any ob�eetion tn the proposal. Mr. N. Minder of 134� Aillcrest Drive requested answers to be given regarding dust control and how to keep children out of deep holes. Mr. Wm. C. Grimme of Alexander Construction Company stated the dust control would be covered by the City ordinances and they would be so � required, and further stated, from a gravel pit operation he d3dn't know where there should be too much of a nuisance on that line, that if it were from the roads it could be corrected. Mr. Minder stated his objection was that his taxes on a lot ad�acent were $180.00 �he previous year. Mr. Grimme answered that it was one way to fill in the area to develop same. Mr, Minder requested to know if there would be fences put up. Mr. Grimme stated that as it stood at the present, it could be screened with trees that are present but if there were dangex to ch3ldren, a fence would be erected by the company. Councilman Johanson stated, he felt� a11 aueetions had been covered in the article �ust read by the City Manager and prepared by City Attorney Smith including land alteration, dust, ingress and egress, that discussions had been well taken but not ma�or issues� that the City Council was in general agreement this should be done and a definite time limit had been set on this operation at foar years. He further stated this wss the first time the City Council had had a real opportunity to straighte� up what had been a great problem. Many complaints had �een received from the neighbors re- garding hazards to the children, rubbish, water� etc. Mayor Nee inquired if it was possible they didn't give sufficient notice to all residents involved and that� perhaps, the City Couneil should consider postponing thas hearing. Mayor Nee declared the hearing closed. Mr. N. Minder requested that a fence be lined up to property owners ad- �o3ning and this would be more acceptable. City Attorney Smith stated � the ordinance pertaining to this permit requires a fence if there is any danger� that he did not look at tha property but had drafted the letter that wa� read in con�unction with checking ordinances and AleXander Con- struction Company's application and he had specified as a covenant of the permit that the liability insurance coverage be filed. He further stated he had noted that Alexander Construction Company had said 3f there were a probabzlityi they would protect with a fence� also� that the insurance company would want this to be properly maintained. Mayor Nee anquired if a snow fence would be satisfactory, Mr. Mznder stated he felt it should be higher and that it would be no more than 200 ieet of fence, Mayor Nee inquixed if this was agreeable with Alexander Construetion Company. Mr. Grimme stated that if the City Council felt these danger points existed� they would build the fence. Councilman Wolke stated that in the resolution, it shouid be stated that the City of Fridley requests the Alexander Con- struction Company to build a fenee and maintain the semblance of order. Motion by Wolke that the City Attorney be authorized to draw an agreement with Alexander Construction Company regarding a Land Alterat3on Permit and issue same, Seconded by Johanson. Upon a voice votey there being no nays, the motion carried unanimously. BOARD OF APPEALS MEETING, AUGUST 28, ig63: A REQUEST BY R. M. CANNER� JR. FOR A VARIANCE OF THE SZDE , ROM 5 FEET TO 3 FEET AND THE FRONT YARD SETBACK REQUIRE- TO 2 FEET INCHES FOR CONSTRUCTION OF AN ATPACHED GARAGE .E,. Mayor Nee announced this was a public hearing on a request by R. M. Cannex, Jr. for a side yard varianr.e requirement from 5 feet to 3 feet and the front yard setback requirement from 35 feet to 28 feet� 6 inches for construction of an attached garage at �,51 Rice Creek Terrace Northeast. The City Manager read to the City Councll the recommendation of the Board of Appeals stating Mr. Lyle HoFfman of 841 Rice Creek Terrace had been opposed to the variation. Motion b,y Johanson to coneur with the recommendation of the Board of Appeals and grant the request for a veriance of the side yard requirement from 5 feet to 3 feet and the front yard setback reruirement from 35 feet to 28 feet� 6 inches for construction o? an attached �arage on Lot 4� Block 1� Brookview Terrace 3rd Addition� same taein� 851 Rice Creek Terrace Northeast. Seconded by Brook. Upon a voice vote� there being no nays, the motioe carried unanimously. PUBLIC HEARING ON A REQUEST BY RICHARD MALONEY FOR A VARIANCE OF THE FRONT � YARD REQUIREMENT OF 35 FEET TO 31 FEET AND VARTANCE OF PHE 5I➢E YARD RE- QUIREMENT FROM 5 FEET TO 3 FEET TO PERMI`P CONSTRUCTION OF AN ATTACHED GARAGE ON LOT . BLOCK 2, CI,ARK'S ADDITION, SAME BEING 550 MCKINLEY STREET ?�ayor Nee announced this was a public hearing on a request by Richard Maloney for a variance of the front yard requirement of 35 feet to 31 feet and vari- ance of side yard requirement from 5 feet to 3 feet to permit construction oY an attached garage at 6550 McKinley Street Northeast. The City Manager read to the City Council the recommenda'tion of the Board of Appeals. Motion by Johanson to concur with the recommendatipn of the Board of Appeals and grant the request for a variance of the frant yard requirement of 35 feet to 31 feet and variance of the side yard re,uirement from 5 feet to 3 feet to permit construction of an attached garage on Lot 4, Block 2, Clark`s Addition� same being 6550 McKinley Street Northeast, Seconded by Brook� Upon a voice votea there being no nays� the motion carried unanimously. BUILDING BOARD MEETING, AUGUST 2f3� 1963� FOR AN ELEVEN LINIT APARTMENT �VJ � Mayor Nee inquired of the City Council if the above matter should be considered at this time as there was some q_uestion regarding an eleven unit apartment on lots or a 6 unit multiple dwelling built on each of two lots. City Attorney Smith stated he felt there was no problem� that i-c was assumed the covenants of the subdivision were not affected� that this was merely �oining two lots to- gether. Councilman Wo1ke stated he felt this would be good for the City of Fridley if the lots in questivn were those he was referring to� that the build- ings would conform �o one another. He further stated the eleven unit building was more practical for the area, that one uni1, would be lost if the eleven unit bullding were erected but the City would gain a better looking development for the area. The City Manager stated the Building Board would be meeting again and if the City Council could give them an expresslon� they wovld consider the plan. Motion by Johanson thet the City Council would be acceptable to an eleven unit apartment on tw� lots rather than two six unit buildings. Seconded by Wolke. Upon a voice vote� there being no nays� the motion carried unanimously. COMM[INICATIONS : LETTER: DOLAN ENGINEERING. INC, - STORM SEWERS: Motion by Johanson to receive and place on file the letter from Dolan Engineering} � Tne. Seconded by Brook. Councilman Wolke stated he felt this letter �eserved an answer and he wished to go on record as writing to Mr. Dolan of the above firm and read letter he wished sent. Motian by Wolke to amend the motion by Councilman Johanson to include that letter from Dolan Engineering, Inc, be an- swered with letter he had presented. Mayor fJee stated this was a proposed amendment to the original motion. Councilman Brook inquired if Councilman Wolke wished to tie the two motions together. Councilman Wolke stated he would with- draw his motion until the original motion had been passed. Motion by Wolke to withdraw the amendment to the original motion. Upon a voice votea there being no nays� the original motion by Councilman Johanson was passed unanimously, Motion by Wolke that letteY be sent to Mr. Dolan of Dolan Engineering, Inc. as he had so read on behalf of himself or as a member of the CZty Council. Motion died for lack of a second. ��U Motion by Wolke to enter letter into the minutes sent by himself, but not to send it as representing the City Counezl. Seconded by Brook. Upon a voice vote� there being no nays� the motion carried unanimously. September 5� 1963 Dolan Engineering, Incorporated Highway #3 - Rural Route 2 Savage} Minnesota Attention: Mr. William Dolan Dear Mr. Dolan: The attention of our City Council has been directed to your letter dated August 22, 1g63. The purpose of the letter is not immediately apparent. You should under- stand, however, that this Council has not aolicited your recommendations. You should understand as an engineer that "facts" in a newspaper report are not ordinarily accepted as valid foundation for an engineering recorrm�endation. For your information, the public hearing on this storm sewer pro�ect was conducted in a96o and the problem has been thoroughly examined and reviewed by competent representatives of the engineering proFession. Your reference to blind support of the views of our former City Engineer, Mr. Calvin G. BroWn, without the benefit of an expression of your qualifications to lend such support immediately raises the question in this writers mind as to whether your letter should be placed among documents preserved by the cit,y. If, by your letter you are referring that you would be interested in be- coming ocr City Engineer� we must advise you this be done by formal appl3eation to our City Manager. We hope that you have not been mislead through newspaper articles you have read into believing that the position of consulting engineer to the City of Frldley is vacant at this time. Should this come to pass� we shall publicly advertise this and, at such time, you may formally apply for this position, Yours truly, Bernard Wolke Councilman City of Fridley LETTER: G. J. TARPY - PUftCHASE OF Mayor Nee announced this was a commun3cation from G, J. Tarpy offering the City of Fr�dley $300.00 for the purchase of a lot, Motion by Johanson to refer this letter to the Park Committee for consideration and recommendation. Secondefl by Srook. Upon a voice vote, there beang no nays� the motion carried unanimously. LET'T'ER:- MADSEN - ASSESSMENTSt Mayor Nee announced this was a letter from E& M Development Co.� requesting an abatement� for one yeary of certain assessments and inquired if the City Council wished to discuss this item. Councilman Johanson stated that he agreed with the Finance Director on the disadvantages regarding the involvement of book work� etc, The Finance Director stated that he had not been clear on the payments� that if E& M Development Co., would be willing to make back pay- ments on an individual lot basis rather than spreading them over the balance of the 20 years, this would make a difference. Mr. Leon Madsen was present and stated they did not want any more tYian a one year lag. The �inance Director inquired if they were requesting the 1961 payments due in 1962. Mr. Madsen stated they �oere reqestin� everything that hss been aasessed on to this tzme. � � � � �_ � Mayor Nee inquired of the City Council if they would wish to consider this matter further before denying it, that his first inclination was that it was a good idea unless there was a problem in f'inance. The Finance Directpr stated the biggest problem was precedence� that he was not clear regarding the years and payments, that if these were split on an individual 1ot basis, could these be paid. Mr. Madsen stated that mainly� whst they were a£ter was that there were a6out � $10�000.D0 in taaces due and there were also $23,000.0o worth of assessments due and they would like to get this plat on record and don't have the finances to do so, that if the City Council would take off the assessments� they would be willing to pay the 1961 and 1962 as well as the 1963 payments, Clty Attorney Smith explained this was the industrisl land South of Osbarne they were referr- ing to and that, as he understood 2t� a preliminary approval had been given for the plat; the taxes and assessments had not been paid for two yeare and the pro- posal is to pay the real estate taxes to have the city abate the assessments and get final approval to the plat so that it can be filed and reassess the assessments� including the penalty. He furthex explained the Caty of Fridley really was not giving up anything� that theyr�ooperating to the extent so that the Commerce Park Plat could be filed so that industry could use it if wished and this would allow it to be put back on parcels. The City Attorney �tated he had talked to the County Auditor and he had said this was legally possible; also� that the Finance Director had raised the question of precedence and it would establish same for industrial areas but this mi�ht be a good thing. The Finance Director stated that regardin� the bookkeeping expense� they had each of these different categories they set and receive from the County and were having a difficult time getting the County to break the categories they already had but that if the tax base were taken care of, it would not establish a pre- cedent� that he had also been under the impression it had been planned to spread this over another 18 years but as Zt had been cleared he had no ob,}ectlon. Coun- cilman Johanson withdrew objectiona following explanation, Motion by Brook to direct City Attorney Smith to draw proper resolutions to � accomplish the abatement of special assessments on Commerce Park Property. Seconded by Johanson. Upon a voice vote� tne motion carried with Councilman Walke abstaining. I,ETTER: FTRE DEPARTMENT - HILLTOP CONTRAGT: Mayor Nee announced this was a communication from Robert S, Hughest Fire Chief for the City of Fridley regarding the contract with the Village of Hilltop and renewal oP same for aix monthe. The City Manager explained to the City Council they had offered a six month's contract to the V�11age of Hilltop and it had run unrenewed� that the City Council should authorize completion of a six month's contract and terminate thirty days heiore the end of six months. Motion by Johanson to concur with the recommendation of the Fridley Fire Depart- ment and extend the contract with the Village of Hilltop �or six months. Seconded by Brook. Upon a voice vote, there being no nays� the motion carried unanimausly. VISITORS: Mrs. Meyerhoff was present and atated she had been late in arriv�_ng at the meet- ing and wished to have explained what action had been taken regarding the pro- posed gravel pit agreement with Alexander Construction Company. Mayor Nee re- quested that Mr. Clark of the Engineering Department explain same to tdrs, Meyerhoff. � The question �*as raised by resident of what had happened to the meeting the City Couneil was going to hold with Columbia Heights regarding etorm sewers. Council- man Johanson stated they had held � meeting the previous night and were to meet again on Saturday afternoon and hoped to come to some under�tanding� that meet- ings were lamited to the participants. The questlon was raised of names of park- icipants who had attended the previous meeting and Couneilman Johanson replied that from Fridley they were Councilman Sheridan� Wolke� and himself had attended and from Columbia Heights Mayor Armstrong� Councilmen Land and Nawrocki had attended and the public would be informed as soon as possible. Mr. Maynard Rasmussen was present regarding Spring Brook Park Addition and stated �_�`� he didn't feel the previous City Attorney had passed on his information that had been discussed approxsmately two and one-half montbs previous and requested to know if he and City Attorney Smith could meet a�ain on this matter. City Attorney Smith stated Ntr. Rasmussen had not met with him. Mayor Nee explained that if there was something that needed to be resolved, then it should be done and it could be brought back to the Council floor, City Attorney Smith explained that he had conferred with the City Manager and the City Engineer and had drawn a contract. The City Manager asked if the City Attorney and Mr. Rasmussen could meet, a compromise reached, and then it could be returned to the Council floor. Ma,yor Nee reqaested that N1r. Rasmussen handle this matter at the sta�f level and if there were a question not resolved, it should be presented to the City Coun- cil at that time. CLAIMS: Motion by �dolke to approve payment of General Claims �915 through #976 wzth the exception of General Claim #968 to Suburban Engineering to be held for further study. Councilman Johanson requested to know how long this would be held. Councilman Wolke staied to leave motion as it was stating'�for further study", Mayor Nee explained he thought they could dispose of this item at the next business meeting. Cr,uncilman Johanson stated that unless he were given a good reason to bold this payment he could not vote, Motion died for lack of a second. Counczlman Broak and Johanson enncurred they wish to have the claim in question tabled to the next business meeting. Motion by Brook to approve payment oi General Claims #915 throu�h �976 except Claim �968 to Suburban Engineering is to be tabled to the next regular meeting. Seconded by Johanson. Upon a voice vote, there being no nays� the motion carried unanimously. Motion by Johanson to approve payment of Liquor Claims �5611 through #5635• Seconded by Brook. Upon a voice vote� there being no nays, the motion carried unanimously. Motion by Brook to approve payment of Public Utilities Claims #2756 through �2778. Seconded by Wolke. Upon a voice vote� there being no nays, the motion carried unenimously. ESTIMA3'ES ; Mation by Wolke to approve the following estimates: Barbarossa °� Sons, Inc. 402 33rd Avenue North St. Cloud� Minnesota Lametti & Sons� Inc. 21i North Pascal Avenue St. Pau1, Minnesota Estimate #3 (Fina1) SS� W&S Improvement Pro,7ect #58 Estimate #5 (Final) Water Improvement Project #3�+-F $erbst ConGtructaon Company 1550 Highwa,y �l0 Minneapolis 21� Minnesota Estimate #1 (Partial) S&W Improvement Pro,7ect #63 Alexander Construction Company 4641 Hiawatha Avenue South Minneapolis Minnesota Estimate �2 (Partial) Streets 1g63-1 Improvement Pro,7ect � l� $10,355•35 $l0,�+78.88 $ 5,669•90 ' $17,216.83 Seconded by Brook. Upon a voice vote, there being no nays, the motion carried unanimoulsy. � � LICENSES: Motion by Johanson to approve the following licenses: ELECTRICAI, Lehn Electric Company 214 East Main Street Anoka� Minnesota by: E1Roy A. Lehn EXCAVATING Floyd & Jerry"s Excevating, Inc. Route 4 Anoka, Minnesota Hartse Excavating 1600 - 91st Avenue N. E. Minneapol3s, Minnesota Lloyd Moen 541 Lafayette Street N. E. Minneapolis 32� Piinnesota GENERAL CONTRACTORS Don's Construction Co. Route 5 Anoka� Minnesota Empire Sales, Inc. 2218 Johnson Street N. E. Ninneapol3s, Minnesota A. C, Erichson Construction Co. 1023 - 26th Avenue S. E. Minneapolis 14, Minnesota Marvin E. Larson 8568 East River Road M�.nneapolis 33, Minnesota National Construction Co. 701�+ Oliver Avenue South Minneapolis, Minnesota Fred V. S�olander 263�+ Coon Rapids Blvd. Coon Rapids 33, Minnesota Supreme Builders 1200 Circle Terrace Minneapolis 21� Minnesota HEATING Commercial Air Conditioning 811 Paz'k Avenue Minneapol3s 4� Minnesota � N,ASONRY John Lange Cancrete Conetruction 4037 North Fairview New Brignton 12, Minnesota Olson Concrete Company 4004 -4th Avenue South Minneapolis, Minnesota b �: F1oyd Vorel by: Axel J. Hartse by: Lloyd Moen by: Donald Bostrom by: Merwin Barth by: Harlow Erickson by: Marvin E, I�arson by: Nicholas Nashopulos by: Fred W. S,7olander by: David Bird bys 3ames L. quade by; John Lange by: Stanley A. Olson Renewal New New Renewal New New New New 1Tew IJew New New Renewal New ��a) ��4 0 T H L' R L I C E N S E S SCAVENGER LICENSE A- Cesspool Service by: H. Sheppeard 11912 Xeon Street N. W. 11912 Xeon Street N. W, Minneapolis 33, Minnesota Minneapolis 33, Minnesota Business Adrees; 7670 Knollwood Drive Minneapolis 32, Minnesota Seconded by Wolke. Upon a voice vote� there being no nays� the motion carried unanimously. CHANGE ORDER �3� W-34-J, SCHEDiTLE #2: Motion by Sohanson to approve Change Order Number Three� Water Improvement Pro�ectG�j4-J� Schedule. Seconded by Wolke. Upon a voice vote� there being no nays� the motion carried unanimously. CHANGE ORDER #1 - S&W #55� & CAANGE �RDER �+ - S5� S&W #5H: Mayor Nee requested an explanation of the above described change orders. Mr. Comstock of Comstock and Davis, consulting engzneers� suggested these items be laid over to the next regular meeting. He stated that in connection with Change Order �4 - SS� S&W #58, thep were recommending Estimate #3� SS� W&.S Im- provement Pro,7ect #58 in the amount of $10�355�35 be laid over as this claim depends on the Change Order and they would have information relative to this at the next regular me�ting. Motion by Wo71ie to amend previous motion that Estimate #3� SSy W&S Improvement Project �58 to Barbarossa & Sons, Inc. in the amount of $10,355.35 be held until furthex action by the City Councal. Seconded by Brook. Upon a voice vote� there being no nays, the motion carried unanimously. Mation by Johanson to table Change Order #1 on S&W� Project #55 and Change Order #1+ on SS� S&W3 Pro,7ect #58 until the next regular meeting. Seconded by Brook. Upon a voice vote , there being no nays, the motion carried unanimously. CONTINUATION OF Pi7BLIC HEARING - STORM SEWER - T. x. #6g4 & ss #5� Mayor Nee stated the City Councal could validate the action by the City Manager after discussions with relation to the delaying of the public hearang in the above described watter. City Attorney Smith explalned a motion to continue the hearing to ratify action of the City Manager would be in order. Motion by Wolke that the public heaxing on Storm Sewer� Trunk Highway #694 and SS�5 continued to September 9th� 1963 be continued to September 23rd, 1963 and that the action of the City Manager in giving publicity to this meeting be ratified. Seconded by Brook. Upon a voice vote� there being no nays� the motion carried unanimously. Mayor Nee announced that anyone interested in the above described public hearing could attend same on September 23rd� scheduled far Hayes School. RESET DATE FOR HEARING ON MILL LEVY: Nlayor Sdee announced to the City Council this was the resetting for a publie hearing on mi11 levy for the City of Fridley. The City Manager explained to the CYty Council zf they would reset the date for the public hearing} it could be readvertised and would give his office the necessary time to prepare the 196�+ Budget. Councilman Wolke inquired when the City Manager was supposed to present the Budget. The City Manager replied that he expected to present the 196� Sudget to the Czty Council in �en days� that it had been impossible to present zt previously as they would have been only estimatzng. Councilman Wolke inquired if the City Council couldn't have been given departmental infor- mation. The City Manager stated that some departments eere late in getiing their material in such as the Engineering D�partment, Public Works Department and Recreation. � �I ' � � #� Motion by Sohanson to reaet the Public Hearing on the 1�64 Budget to September 30tha 1963 and publish same. Seconded by Brook. Upon a voice vote, thexe be- ing no nays, the motion carried unanimouslv. CONSIDERATION OF ASSESSMENTS - SS #53 & RESOLUTIOY #123-1963; Mayor Nee announced this item was the consideration of Assessments on Storm Sewer Pro�eet No. 53• The City Manager explained to the City Council that on � public Hearings, Polk Street was the only one in question� that they had never been able to resvlve Lyndale Builder's portion of same, Mayor Nee stated this would not be a binding approval, �ust necessary instructione. The Finance Director explained that all that was necessary at this time was the setting of an assessment hearing and getting the assessment roll ready. Mayor Nee requested an explanation and modification and questioned if plan drawn is the plan the City Council wished to proceed on. Councilmsn Wplke stated� he felt� it should be charged to the proper project, The City Manager explained to the City Coun- cil that Items 1� 2� 3� and 8 on Pages 59 and 60 of September 4� 1963 Agenda; namely� 61st Avenue - University Avenue to 7th Street Northeast� 61st Avenue - 7th Street Northeast to Filtration Plant� Van �uren and Able - 75th and 76th and Cheri Lane should be acted on or brought to the next meeting� that if the City Council wished to auihorize the proper Lransfersa the necessary work epuld be done on same. Motion by Wolke to undertake and authorize the transfers deecrlbed in Items 1. 2, 3� and 3 on pages 59 and 60 of September �� 1963 Agenda; namely, 61st Avenue - University Avenue to 7th Street Northeast� 61st Avenue - 7th Street Northeast to Fi�*ration Plant� Van Buren and Able - 75th and 76th and Cheri Lane. Seconded by Johanson. Upon a voice vote� there being no nays, the motion carried unanzmou 1S'- Mayor Nee announced the next item would be the resolution to prepare the Asaess- ment Rolls far Stvrm Sewer Improvement Pra�ect No. 53- Motion by Johanson to adopt Resolution #123=1963 directing the preparation of � Assessment Ro11 for Storm Sewer Improvement Project No. 53• Seconded by Wolke. Upon a voice vote� there being no nays� the mot�on carried unanimously. The Finance Director explained to the C3ty Council there would be other pro�ects they would be holding hearings on and suggested they not a11 be held at the same time. A discussion period was held regarding dates of hearings to be held. � DIRECTING PiTBLICATION OF FEARING ON Motion by Johanson to adopt Resolution #12�+-1963 directing publication of hear- ing on proposed Assessment Roll for Storm Sewer Improvement Pro�ect No. 53 with date of hearing to be September 30� 1963, Seconded by Brook. Upon a voice vote� thexe being no nays� the motion carried unanimously. Motion by Johanson to adopt Resolution #125-1963 receiving the preliminary report and calling a public hearing on the matter of the construction of certain im- provement, Storm Sewer No. 53� Polk Street in the Lynde Drlve area for the 3Qth o? September 1963. Seconded by Bropk. Upon a voiee vote, there being no nays, the motion carried unanimovsly. LETTER: RE: W-34-M FROM CONI5TOCK AND DAVIS, INC.: Mayor 1Nee announced this item was a communication from b4s�. Comstock� consulting eng3neer� regarding informalhids for construction of Water Improvement 34-M in the Marian Hi11s area and that as he understood the letter, Mr. Comstock was suggesting the City Council �hould take more tzme on this project. Mr, Comstock stated his firm had thought the iniormal Lids were excessive and he felt the matter should tae delayed to consider the installation of the permanent hooster station instead of the temporary booster station in question. �_ � � Motion by Wolke to receive the letter from Comstock and Davis� Inc.� consulting engineers regarding Water Improvement 34-M and await further study. Mr. Comstock stated the report presented in July� 1963 was conclusive enough for study and they would be happy to go over same with the City Council. Mayor Nee inquired of Mr. Chesney, Snperintendent of Public Works, if there were any problem in this connection. Mr. Chesney replied they had tbe same problem in the wuter as in the summer aad that was insufficient water pressure� that they had ,7ust the top three feet oi the tank to work on. Councilman Wolke suggested the studying of the problem and reaching a deeision so that item could be placed on the agenda for the following meeting. Mr. Chesney explained to the City Council this problem was not a summer problem� it was a year around pro- hlem and he had to maintain a reserve in the tank re�a.rdless. Mr. Comstock stated his letter to the City Council simply reported that they were asked to get informal bids and it was their opinion that these bids received were 33�, in excess of the estimates and if there were any way the City Council could provide a permanent booster stataon instead of a temporary station� this should be done. It was explained these were not regularly advertised bids. Mr. Chesney stated that as far as the problem of water pressure was concerned� he was not saying his department could not delay enough in order to get the proper answer9. Mr. Comstock stated that� as he recalled� the facilities did service only a small area in Marian Hi11s and it would reauire another booster station and tnat certain equipment had been purchased by the City of Fridley to provide one permanent station rather than two. Mayor Nee inquired if the City of Fridley used the temporary station� how much would they abandon. It was explained the permanent installation would be pat in at this time and the surrounding area is in need of same but if the City could wait until �694 is constructed, then this would not be necessary; if the City would decide not to include the entire area� then they would provide just one installation at this time and when #694 is put in the City would hook in and this would provifle the whole service area. Motion by Johanson to delay pro,7ect on Water Improvement 34-M� previously authorized, and return same to the next regular meeting of the City Council. Seconded by Erook. Upon a voice vote, there being no nays� the motion carried unanlmously. RESOLUTION ORDERING PRELIMINARY REPORT - b RICE CREEK BOULEVARD , ' The Ci�y Manager explained to the City Council that his last understanding of the a.bove described matter was that the developers wanted the City of Frid- ley to contract this �ob and�or whethes Mr. Madsen had the waiver of hearing on this for this street work� he had not been told� but this would actually be streets for the year i963-2. Mr. Robert Minder of 550 Rice Creek Boulevard stated he had bought his lot with all assessments in and paid for� that streets and concrete eurbs were to have been put in but he would like to get some kind of a street in� and requested to know if they were going to get a street in this area or not. Mayor Nee stated the proposal was to waive a public hearing and go through regular procedure. The City Manager explained the City of Frid- ley would levy the assessment over the individual property owners when they entered into a contract. Mr. Minder etated he would be against this unless he had an agreement and esked if it was possible to put in the street this year. Mr. Comstock, consulting engineer� explained to the City Council they had a slight problem, that his firm shuuld meet with the City Council and work out a programy tihat they had been requested to present some feasibility letters and they had no basis on which to present them to the City Council. He further explained that if the City Council were going to request his firm to take over thzs work, it should be formally done and an agreement drawn. The City Manager stated that Mr. Comstock� consulting engineer, was correct� that the previous engineer was asked to prepare the letters of feasibility and these were not prepared� that he had asked Mr. Clark of the Cit,y Engineering Department if Mr. �omstock could do this work in the short period allotted, that it was an emergency type work. Mayor Nee inquired� that other than the �roblems mentioned� was there any reason this work could not be done this year. Mr. Clark stated there were plans drawn for this project but that 3t couldn`t be added to any contract. The Clty Manager explained there would have to be a call for bids. Mr. Minder stated he was asking the City Council to authorize the oiling or some work done to the street so that residents in the area could get out in the winter- time. The City Manager explained they could make an effort to include this pro,7ect with the other sma11 jobs and they could be put together. Councilman ' 1� � h � 1 Johanson znquired of the City Manager if he would take the necessary stepa to take care of this matter. The City Mana�er explained the Clty Attorney could check the prepared resolutions and there would have to be engineering escrows put up. City Attorney Smith explained thex'e were letters of feasibllity dated September 4thj the first one determining this work should be done and the second recog- nizing the feasi�ility letter is before the City Council including the plans and specifications. The second letter� it was explained, calls for the accept- � ence of the feasibility letter and asks that the eng�neer prepare the improve- ments and the third letter sets up a public hearin�. It was further explained by City Attorney Smith that a public hearing needed to be held even thuugh there is a waiver signed only it would come later than it should and the walver would correct the time and sequenee. Mayor Nee stated that aside from the legal stand- point� there seemed tp be doubt regarding the technicalities. The City Manager explained the first report would have to be cleared with Mr. Comstock� consult- ing engine�r, that he did not know what Mr. Comstock's wzshes would be. Mr. Gomstock stated they wished to know their respansabilities� that tney should be spelled out and then they would tell the City Council if they would per£orm the service� that he did not know the wishes of the City concerning this parti- cular project. The City Manager explained a letter co�ald be presented} then the contract could be pursued and followed through. Councilman 4lolke stated Mr. Comstock could not give a letter of feasibility untzl the project had been studied. Councilman Wolke stated if Mr. Comstoek were going to be responsible, he should have a contract� that no engineer would sigo anyone else`s plans. Mr. Comstock explained his firm w�ihed to know what responsibliity the City Council wanted' them to have in this project� what the procedure would be as far as the Engineer- ing Department of the City was concerned and where they f2t in� that this under- standing was necessary befox'e the project passed; further, what policy the City of Fridley intended to follow for the next two or three weeks or months. Mayor Nee stated this could possibly be resolved between the consulting engineer and the City Manager. � Mr. Leon Madsen of E& M Development� developers in the Holiday Hi11s area stated that in view of the time factor involved� he wished to withdraw his re- quest for streets in the area described. Councilman Johanson stated thet� he felt� one of the items Mr. Comstock was asking Por, the City Council had passed on previously; that one of the first motions passed on by this City Council was to the amount of authority and the amount of responslbility the consulting firm should have from that time on. He further stated his *notion had said the City Manager waU to renegotiate a contract laith Mr. Comstock's firm whereby all worlc was to go through the city engineering deparyment and ci�y mana�er's office. Councilman Johanson stated the City Council did vote on th�s and as yet this motion had never been enforced. Mr. Comstock stated his firm had been ready to support th�s, Councilman Johanson replied the Cit,y Manager had not spoken to the City Council about this contract, that he bel�eved th�s item had been taken up st one of the first, meetings the previous January. Mr. Cornstiock stated thc ltem he was primartily discussing was, previous to this there was a time �he Citi; did not have a City Engineer and his firm had started on L-he same basls, tihat he was suggesting they have a meeting 3nd work out some ground rules as {.o crhat his Firm was supposed to do. Councilman Johanson replied that he agreed to this and until t,hls had been accomplished, there was no sense in the City o` Pridley hir- ing another city engineer. The City Manager explained to the City Council that since the motion aas made in Jarmary� there had been only one actual report pre- pared by the firm oP Comstock and Davis� Inc. ai�d that was S&W ��51 whlch had been given to the City Engineer� that every othcr preparation that the consult- ing engineer had done was referred to the City Engineer. He i'urther erplained ' the fact that it wae returned was his only recour�e� that the only possible re- port subsepuent to the motion was th�s S&W �51 which «as returned by the ciLt engineer's office with the comment that he couldn't give the City Couricil any recommendation. He further stated the City Council had actually put throu�h three pro�ects act- ually approvin� final plans before prepared� namely the Pure Air Reet Home� 77th Glay - Sewer & �dater, Storm Setaer #�64. The City Manager explained to the City Council that regard�ng the contiract tialth Comstock and Davzs� Inc. they did have conferences and submitted G lisi. oF sub- mitted sections for a new contract, the cit�� engtineer having submitted a list ��� also. These two suggested lists were put together and it was attempted with the previous City Attorney to come to an agreement but this had not been done. He further explained the present City Atr,orney had been delu�ed wi�h items they had been hop�ng to catch up on and hoped to have this iLem taken care of also, tha+ they had actually attempted to negotiate such a contract. Councilman idolke stated he wished to discontinue the discussion. Motion by Wolke that Comstock and Davis� Inc.� consulting engineers� he re- quested to give the City Manager a procedural basis they would wish to follow on this particular pro�ect and giv� the City Council a recommendation oi or acceptance or denial so the City Council could move on this particular item. Seconded b,y Brook. Mayor Nee stai,ed thls should be not in reference to this item only but the general problem of street design. Upon a voice vote, there being no nays, the motion carried nnanimously. HGSOLUTION ORDERING PRELIMINARY RFPORT AND TABLING OF SAME - 69TH 6lND RICE Motznn by Johanson to table the resolution ordering a preliminary report on 69th �nd Rice Creek Boulez�:�rd, Holiday Hills. Seconded by Drook. Upon a voice vote, there bein� no nays� the motion carried unanimously. R�SOLUTION RECLIVING PRELIMINAftY RLPORT ANfJ ORnERING AEARiNG AND TASLING OF SAME - o�TH AND RICE CREEK BOULEVARD HOI�IDAY HILLS : Motion by Johanson to table the resolution receiving Prclzminary Report and order�_ng hearing� on 69th and Rice Creek Boulevard� IIoliday Hills. Seconded by Brook. Upon a voice vote� there being no nays� the motion earried unanimously. It�SOLUTI0IT ORDERING IMPROVENiENT AND FIN9L PLAPIS AND SPECIFICATIDNS AND TABLITdG OF SAME - 9TII AND RICE CRrEK BOULEVELRD HOLIDAY HILLS : � Motion by Johanson to table the resolution ordering improvement and final plans , and specifications on 6�th and Rice Creek Soulevard, Holzday Hllls. Secor.ded by Brook. Upon a voice votey there being no nays� the motion carried unanimously. Mr. Robert Minder requested permission to be placed on the Agenda at the end of the meet�ng and was grantad same. SET DATE; FOR PRIMARY} OCTOBER 1ST 1963; RESOLUTION {�126-1963: Mayor Nee announced to the City Councll this item was 4�ith regard to the sett- ing of z date for the primary ^lection. The City Manager presented resolution to the City Counc�l regard?ng �he primary elect�on. Motion by WoL'=_e to adopt resolution �f726-1963 authorizing the holding of a Primary Election for any office with three or more person� filing for Qetober 1, 1Q63. Seconded by Johanson. Upon a voice vote, there being no nays� i,he motion carried unan�mously. Mr. Carl Paulson, resident, requested an explanatiott with respect to a primary electton u»th three persons filing. Mayor Nee explained the City Charter authorized the City Council ta hold a przmary for three pereons or more filang. City Attorney Smith explained the holc32ng of a primary election and stated this resolution would ,7ust apply for this year, that i'or any o£ these offices that if three or more pErsons filed, there taould be a pr�mary. Mrs. Thomas Greig� x�esident, inquired of the City Council what had made them change their minds from L"nree or more persons filing. Councilman Johanson stated he had alaays felt that there should always be a primary for three or more persons filing for any given o�fice. A discussion perzod was held regarding same and Mrs, Greig stated lt was odd the Clty Council was takin� this actlon and stated she did noi feel she had been given a satisfactory answer. Councilman Fioike explasned th�t previousl,y the City Council had never voted for three and he was uncertain as to whether they would have this evening but it was a polnt where they were having a primary election in G1ard �3. Mrs. Greig stated that the pr�vlous fall, the City Council h�d not had a primary election when three persons had filed for a pos�tion but was aware she would not get an answer. � � _� 4� Councilman Johanson explained to Mrs. Grelg, following the checkln� of the Minute Book of the meeting in question� that the m�nutes didn't show anything about a motion for a primary being held tn any other office than the pasition he had filed for ai; that time and that position had been set up for a primary election. Mrs. Greig etated that lt was requested, at that time� that a prim- ar�a be held for the position of mayor and it was ref'used. OTHER BUSINESS: � Councilrr�an Johanson stated he wished to introcluce a motion to the City Council regarding the Interim Report on Sewage Collection and Disposal and re�d to the City Councll Item 5 of said report on P2ge 3 �nd requested i,he Clty Council to proceed on this recommendation. bSotion by Johanson to forward the In�erim Report on Sewage Collection and Dis- posal to the State Board of Health for review along with an application fo-r 8100 sewer connections. Seconded by Brook. Upon a voice vote, there being no nays� the motion carried unanimously. Mr. Robert Mlnder of Suburban Engineering, Inc. re uest,ed to know why the City Councll had held up payment of his bill on the Tnterim Report on Sewa�e Collect- aon and Disposal. Mayor Nee stated� he felt, lti was not a complete report but if Mr. Minder could �ustify his figures, that would be satisfactory� that he had thought Mr. Minder would not wish to discuss the matter at this time and he w�shed to lay the matter pver one meeting to have an opportunity to discuss lt. Mr. MZnder st�ted he wished to meet with the City Council at any time �o go over the report. Mr. Robert MZZder requested to be heard regarding the streets and bonds for same in Holiday Hills. He stated the only protecttion tihey had as citizens mov- sng into Fridley were the rules and regulatlons of the City and that �ahen they had moved in good farth that there would be certain things done in a year's time� they should have some kind of insurance. He £urther stated he had assumed � that street would be put in and this evenzng it had been delayed and as matters stood, it iaould not be put in this year, that ii something should happen dur- ing the wintera who could they� as buyers, turn to and requested to know if they, as buyers, had any guaranty the5� oiould be protected. The Finance Director stated that� usually� the City did �et escrow monies but he didn`t recall any of the developers ever having po�ed a bond that they would put up escrow money. Mr. Minder inquired if it were in the reguletions that this be done. City Attor- ney Smith sl,ated he was certain �here is a provision it can be done or can be weived but it has not been required of any private property znd th�s s�tuation aas a private contract. Mr. Mlnder replied that �ahen he raoved in therF u�as a subdivi- sion on record and if it was not done, then he should have recouY�se bacic to the City that they will not reas ess for i,he improvement in question� that if the developer sold the area to somebody� he would h�ve to pay i.he asseesments al� over again� a�suming the streets would be p�t in zccording to City standards. City Attorney Smith explained the street in question is dedicated. Mr. Minder replied this didn't put in the service and he t�as talliing about $1,500.00 worth of improvements� that his agreement sald the developer �iould put in the improve- ment� as paid for and dependent on the fact that if they weren't able to put them in, the City oF Frldley would be follo4�ing ihe�r ordinances and platting codes, that if the City Councal waived all o_° these, they we-re not giving any protect�on �o any citizen who comes +o Fridley and buys a lot. The Cit�,,� Manager stated that every plat that came into the City of Fridley should have a petil,ion and the only thing the City can do is assess the proper�y. Mr. Minder replied there were ordlnances that said before anyone could p7at and record any land there has to be certain things done and the,y have to be petiLioned for and a bond poeted � se that those improvements can be put in and the gravel streeti by his home did aoc live up to Fr�dley streets. Mr. Minder requested to see the petitian that ��as to be flled *aitih the plat of Holiday Hills, that he did wlsh some protection. The City Manager expla2ned this would have to be oiith the purchase agreement the buyer had -with the seller and the city's only recourse is with the property. Mr. Whltney Graeff was present and requested to be heard; he expl_alned he -�aas a candidate for Councilman, 3rd Ward and requested to petition someone to con- sider a motion to change the pollin� place Lor the tihird ward that t�ould allow everyone i.he aame equal access to the polls� that he had been lead Co believc- this could be discussed and it would not be out of order to be passed at this time. Furi,her, he stated� presently as it stands now, the City Hal1 is not tne � most convenient place or ozFers the sarne free access to voting. Mr. Graeff in- q_ulred if Councilman Sdolke would assume the responszbility of making thzs mution. Councilman Wolke inquired of Mr. Graeff tiahere this third ward pollin� place would be. Mr. G'raeff explained, he felt, there were a number of places to be used� one was �he Nelson School in Columbia Heights and Midland Cooperatiwes nad oPfered their building. Clty Attorney Smlth explained the poll�ng place would have to be in the city limits whlch eliminated Idelson School. Mr. Graeff inquired if the Citz� Council would allow the people zn the third ward the privi- lege of two poll�n� places and inq_uired if someone would make a motion to find e pl�ce or allow �he residents another place to equalize this margin� that there are five people in this przmary and it is felt necessary. Counczlman i�iollce inquyred how it would be determined who should vote zn which polling place and notify them in time to do thi:,� that this zrould be £ine for a future eZection Uut it would create too much con;usion and it wasn't fa�r to the voter and it would take a great amovnt of work at too late a date. Mr. Graeff again asked if any member of the City Council would �e a motion to allow one or more centralized polling places for the people in the third ward. Mr. Carl Paulson inquired if this wouldn`t require L-hat another precinct be e:ta- bliehed. Mayor Nee answered that it would. Councilman 57olke explained this would have to be done at another time aG it would be too confusing at thie e]ect- ion. Councilman Brook stated he agreed inth Mr. Grae�f but it was impossible for the City Councll to grant tihe vrish, Councilman Johanson stated� he felt� ii, was too hast,y. Mayor Nee agreed that if there were only going to be pne polling place in the third warda it, should be at the Ctity Hall, that there should be ttiao polling places. It o�as agreed that if it was possible to �dd a polling place ac Midland Cooperatives, that was fane but there were mechanical problems. Mayor Nee stated he had received a letter £rom Leon Madsen in which he �uggested that the C�ty Council consider the purchase oP the Madsen Realty building next door in lieu o_° a craGh program ior building and� in his �udgement� there was some merit �o thls and inquired ?f the City Council *..�ould wish the City Manager to pursue this oi'fer. Councilman Wolke stated he a�reed. The City Manager stated he had met with the Public Works Department and the Fire Chief and al- though they didn't feel it was an ideal situation� they could maintain the fire trucks through the next sir, months. ADJOURNN�ATT: Motion by Johanson to ad�ourn the regular meeting of September 4� 1963. Sec- onded by 4lolke. iJpon a voice vote� there being no nays, the motion carried and D4ayor Nee declared the meeting ad,7ourned. Respectfully sub�nitted: �%' /:'t-�'..� //'r �h�-c-,� �-P � Sue Mtsko��ic Secretary to the Council '��°�t�L+�c�' d�,��.... MAYOR - Wi�.iam J. Nee . ' , �