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12/16/1963 - 00022976IiCGULAR COUNCIL P'�,�`CTPTC - DEC�'l��L'P 16� 19h� � f� reoala-r me��:ing oP the Covnc�l �E' the City oi F_v��dley U�2s called i,o or<7cx by neti.z,y, P1^yo-r Johan�on zt 8:OF P.I�S. ROrT CALZ: Members Preeenl,. Joh�nson, SheYidar, Tdolle, �Tee �r-r�zrea �� y:30 P.ti�. Memb�rs Ai;seat. P,rook App�OVAL OP M1nI0r1�5 - Fi1,CUT��1: MJ7E'PII�fG, DLGr�i/il3LP 2� 1963� Tbe Ci �y M�na�er cequesti,ed that dollar zmotn� oi �;�ijrGUO.GG be correctcl to read �1+�500.00 tir_ firs�c �ar�5_raph on Page � �S' rai�utics re��i�ding t1�e Sti, 1au1 W�i,e�z [7oti�Ls Crossxng. Niotion by Z�1o11=.e �o �3pp�ove tre inanute� oP thc Pe,u1�r Pieei�ng oi' Decer�ber 2� 1963 as prep�reu� corrected an1 receivea. Seconded b� �heradan. Upo1� a voiae voTe, �here bein,, i�o n�� r�� motio�� cariled unan2- �aous] y. APPP,OVAL OP P9LnZPL�S -�FTCIAL �1LrTriVC". DLCE1��Li ?. 1 S�lor�on by Sl�eridan to appr��*e thc siai�z��te� o- Fhc ��eri�1 Mect�� oF Deren�bei� 3s 19C�3 �e prep�red ancl recezved. Seco;�c�o� b-� ldolke. TJpor e vo�ce votr, � there betne 1�0 �iays� the moLior car�lecl ti�n�nimoti�sly. OLI� BUSTP7�St;; CONTI1�iJED PUTLIC 1�l1RING _ T�`�RY�LY ADD=^IGP (^'/�?,rD 1�1�� 1ATD 12�2, 19��1 Pcting Ma,yor So�iansoi2 annotilnceo che iben ��. � cor�ltnc��1 publlc :�e,°rin� on the 1�9�r4sey Acldizion. 111e C�ty PZan�ge�° e��pl��neK tihc surceVoi lo�� Lhe o� o�e2 tT� had bee�i tiinable co at��+nd �,hc me�Lin� and sug�e:r,�d �o the C�tS� G'ounctil tl�e �tem be delayed vntl"L u�zch rime �+s tne o��ners i� -�,u��t�on pre�enbed � h�-rd wi'2�.1 0= t17C pY'O'p°C'�'9, No[�.on by Sheridan to table 'the co.lt�nveca pcl�lic hea�°n2s on �,1�e M�rLe� Aodlc�o.n_. Secacded b;� ��iollre. Upo��i n voi�e vste, cl�ei? be�nf. ��o ne�s; the mota o+� a�rr�ed uti�� i-� ��ioti»1y. l�c��n� ��iayor �oh�_zeon daaounecd chet eome item� wo11�1 h�ve tio be �el;„ed ti,ntil 7rte,- za the ,reeting as Lour ,�embeze o, rL1F C�ti-/ Co2�nci� „ou��i o�� eccs��ry befo2�c� 3�tij� acc�on covlc Le La1-ez, P,ESOLU7'i0r�i ��197�1S6j AL'�CHO�iI�SP�G SA� OT YSIF(J1aDL1iC BOiIDn -(TLSIRD 1�53). T__ __ � ^c�!ag Mayor Johetso,7 �nnounced t1,e ,�;c�a in �uer_�,o.i ,�� n resoluLioa -ut�o�- izing l,lle s�7e o� ;eiti�r�dit�g i�ond� �i7d _°eaue:t�� ^a o:�laaar,ton oP Ll,c C�t- PQan^Pe�°. The Ci;�, �,�nage'r c;c��lained tlza�� _ resoltntot� cell�a�, P�x Ll_�= s_='e oL bortd9� und etaLed tb�Z °ec�rd�n� �o � no�� ^ti�cn l��i pa� �,� t� 1��3 Lhc l�ond cui�sultanLe Ii�.vr c�st�moted Fiic c�L;� ��ill �,�ve �1�u� �, .�9��20G.00 t�y th�s re=tii�tidin� ac��on. Hr iltti•1.h�r ez;pl �inc' ti�� a��ou ti,i� lyd aoen tahlc�l ��2� becan�e thc ceeolvhs�n *�ac ��o� ic,u�° � 1h� laeti i,�„i,�n«, P_ci;z�� liayor �akanson lnq�il2ed ��' aayoi�e .i�l�n� to heux° >>°om M,. ➢h1c�°:. �� Tlie_rP weie rio que�tlol�s. P4o�ioc b„ r,doltie �o adont Rf,S�LU�L'IO�T �i197-19�3 callia� f'o,� ti,he tiale of `�2�G2j�00G �, iunr�z�- 1�on<i� oF t1�c C,ity° of Fr_;ley, � iti?� cl�te o1" Januai°y 20� lg�� Lo be Zn- c1u�r��i io� fihe i�rotic� o� C„le �� - P.,�. Counc,lman She�°id�n a_noLi�red *��ea Bh. I�J11I.°e. ��nntcd L��e �on�le �lcl�vererl �n�� was tol.cl bJ �F F.I�i. o� t122z das, �ccon le�l L, �i er_o� n. Upon e��o� ce votP, L-�ere Ueuao no nays, t7�° �uotl�n ` r_��i��el rl�nii�ou:l_�. ��r�r� �u,Y�ri,,��,�_ H6�4D 6� i�P�Ai� N�FETII��u il]�U[Pl'LFI DLCPIMGnB � 1g53: -------- ---�— --' — PUBLIC Ii�r,CIrTC O��I �1 Rr�'JL',T FOn A V'�L3T11NC?�' I'ROi4 FS�GTIO�T 2 3T� r�nZ�T�'P Ol�' F'„�7^ y�qD �T�i'�1AC'.i °�2UI1;EP�IdL rZOr�I 35 FLET COI�.�'P�:UCIIO�J n,� .12T �9TT?C-111D CrARl G]? ON LO'P o, ELOCTf 7 llOL'r r�nnr�io,i, n�iol�r� cou�rm�r,-�i�iP�n�som�?, un� �r��r C�3o-5�,�r 4v� �iT�`"T BY `iILFSrJI; E. "IDi°,. (�30- S�'9� AVY'DTUTI NORTAEAS'I' - OF ORDIPd�:VCE ,�70 2 1'P',I,T `LO Pl�,H1rLl1 Act�n�, P'1o�c�° dohaa:o❑ ^nnouiiced Lhe �teia z� qucstlon nae � pablic he�r�i�� on a reruc�t Po�° � v�.�°�a�ce by ;iaiver o£ rion� ya�°d set7�ack requ-�rev�er�t to per?nit coi2struct�o�� o� ��2 attached gar,ge. The C��S� Nia��Er e°p7ainecl co ��e City Coti��c � zh�_� l �d bee� the appl�catiio� and dc�scrlp�lon and the .nlnutes ehoi,� tlaei•e �i�.� �i p>>blic hear�n� oa DPCepber 4 bv $1�e L'o��rcl. oI A��l�eels. The C?t;� I�Zan��e-r re�d zo the C� L;� Coni;c�l cne recommcnda�ion of �,l�e �oard oP llPl�eale. 1�1ot!on �� T+cll�� co concti-r ni�;h the recommendat�oii o� r,7tie �oard o� ILppeals �nd �ra�t che p�rmlt for a reqves� for �l v�riance iron� Sect�on g.�4 oi Ordinance r�o. �0 by razve�° of' �ront }�ard wetibaci�� reqtiiire�ent Croia 35 �'�et �0 32 ieet to l�e�'mit conrzrtiici�on o'i �n UtLeclie5 g�rahF oa Lot U, t3lock 7, Donn��`s 1�aLev�e�a P��uno�� Sr`vli�,on, llno`�,, f,on�ltiY> i°inn�eoca, saive bcii�g �j�-78ts F1va_�ti1� TTort17east. `�econae�' b� �'her�d�z7 Jpor � voice vote, 1:��ere he�ng ti�o 22ay�, t'_�e �notilo� c�.t�- r,cd u�2^ni�ao��; 1-�. PLAi�Z3TNG C01`�`h�TS;-IIOPT P�,�1rTL��G 1�11^�UTLS, DI;CCN]BER 12 ^'1'f�LLT 11T-D ALLPY VACI1m1GP; : PdORTd00D ADDZ i S01d TO L'f� I�i�,Y P�11tI�, ZOlI j�b3-10: CIIL�:CY 0'_ 3/?INT �IIL,LII:lI: Aci �ra� P5� ��or Jolzai�eon annotinrza tl,� , tem in queetion was a stirept a�d alley v�cat2on reriuc°tiecl bv '�lie Chvi ch o� °alnt C7i11z��m. 7'he City I�Y�nnges ateted tih2L he �aie'7ec+ �o e�-p]aii�; at t'ils pointy tLa�; a�; tne last publ.ieacioa oi the �r�d1P� ne,�c� it had been sta�ed Co�ii2ci7m�n Sohaneon had made i,he motlon ��d ��-si°e.� t:o m�ke zt clear Counc�lruan Johanson r�as not a rnember of �he Planna��g Comro��s�on, ml�e C,ti��P�ia�,��er esl�lalned the arec in qvee�ion ou a:aap. iltie Gi�y';�qinecx pr�sented a slcetch oi' thc are� and eti�,lPd i� hacl been tgreed �hat 1F �a�ea��ats ia��rE needeu, the� ��ovld be give� �i' the City Couneil app�roved r,re beF,,m�in�; oP the v�eations cieecled, �Phc City Mara�;er EYpla,y�ed zo merr.bers oC the Cotin�c � 1, i � �he�� concurrecl, cney coti,ld ordc r� �ublic hearing. D4ot! on b�,� �^iall=_e �,e co�cux ��izh tLe r� co»mci�d� �ion oi tihe Pl�nn-ing Com�n� ss� oi2 and cFt a�i�blzc hearin� Cor �l�e oLY� o? J��tiva�'y� 19��I oii tne etireet �.�,d all.ey -vacatior �u P�oraood t\c7ditionto P-ridle�� Paik� GOA �f6�-10 for tha C1titilrcYi ot Saint �dil.linm. �eeondecl by Sheridan. Upon a voa_ce votey there being i2o nays� Lhe mo,tion car��ed ri��n�moti�slyo LO'P 3PI�T`P �iF�ULi'=1J' L. �. ifo3-59� FP,�DPICK F. EIRIC7�SON. Pl� �^7IIv`P 1�° 1�9'ET 0� 1�1F P10R'P� 7_h4.��-�'°'ET OL' Ti� SOUTII 551.0 I�'�m PRONm !1ND F�;AR 0; 'I'�IE S�� 1 i 0;' The City P1eaa�,e-r• Le�d to the City Cou12ci1 �he 2ction �aken by the P�a�,PVZg Com- mission �n�l cspla�neci ^nrne. Czty �i�olnee�^ �,useshi prese��ted sYetchec, Coti17.e11- ma� �'clke �nou�-red zarati t�-ae of .let °plit they iaere s�eaL-in� oP, Pss, T�'redric� �rticgson ��s presenti encl e��lained she had subm�tted a1l ol the maps i'or tne ' ' � � � � property and the type of lot split they were requesting. The City Manager stated the recommendation of the Planning Commission was to permit the lot split but the owners oF this property would have to join in a plat of the area �ahen it was made. City Attorney Smith inquired of the purpose oF the split. It was explained Mrs. Erickson wishes to sell the house on the property and 11�+1 feet and the balance has been sold �o a Mr. Chies and Mr. JulkoTrski. City Attorney Smith inquired if the owners were gving to complete one t�act with hou�e and was told the other trect had already been sold. City Attorney �iith explained that aceording to the Planning Commission, they had included some reservations so that the City Attorney should take whatever steps are necessary to assure these lots will join in a fnture plat of the area but that when Mrs. Erickson makes the sale she has lost control to have the new owner join in the plat. The City Manager stated it was contingent on the new owner joining in the plat at a later date. Councilman Sheridan atated if Mr. Julkowski had a part of this property� it wouldhave to be platted and the,y could el3minate this lot split and let it al1 take care oF itself. City �lttorney Smith explained Mrs. �ri�Ckson wanted to make a sale of her propexty. Councilman Wolke inquired of Mrs. E ick- son if she sere making two sales or one sale of the property and she replied there would be two sales� one to Mr. 3ulkowski and the other yias in the process of being sold. Councilman Wolke stated he felt the City Council should allow this lot split, stating that the only objection was that Mrs. Erickson didn't have to process each separately and inasmuch as a laxge section had alreacly been purchased� it would f3nish with a normal situation regardless. City At- torney Smith suggested to tne City Council that the;� not make this contingent upon a reco�endation from him as to hoa they wexe going to get these people into a plat. Motion by Wolke to concur with the recotmnendation of the Planning Commission and grant the lot split request #63-39 by Fredrick F. Erickson as proposed ac- cording to the description presented on Drawing �63-122 on file in the City Engineer's Office. Seconded by uheridan. Councilman Sheridan raised the question if the proposed road easement on the Certifzcate of Survey would also te dedicated. Mrs. Erickson replied this easement had already been deeded, Upon a voice vote� there being no naysa the motion carried unanimously. L, S. �RICKSON: THE NORTH 100 FEET OF TI3E The City Manager read to the City Council the recommendation of the Planning Cotmnission. City Engineer Qureshi presented sketch of the area to the City Council. The City A7anager explained the reason for the eleven foot minimum side yard was because of the proximity of the house in the area. Motion by Sheridan to cone�r with the reco�endation of the Planning Coimnission on the lot split request� L. S. #63-38, by David L. E ickson on the north 100 ieet of the South 200 feet of lot 2�+� Brookview Addition. Seconded by Wolke. Upon a voice vote, there being no nays� the motion carried unanimously. G. A. GUNDERSON: NORTH 50 FEET OF EAST 75 FEET oF �N 129 FOR ROAD RIGHT OF WAY: The City Mana�er read to the City Council the reeommendatian of the Planning Commisaiom and explained there was an agreement for Mr. Gunderson to sign and pick up the tab for the condemnation proeedures, that the bank wants Mr. Gund- erson to pay a large sum of money for just a portion of the property and Mr, Gunderson had agreed to pay the costs� etc. City Attorney Smith stated Mr, Gunflerson had signed an agreement setting up a$600.00 escrow amount to the city to cover any costs� that Mr. Peter Barna was his attorney and had en- couraged this proaedure and the mort�age company is will3ng to release the property and it is just a question of if it can be done. City Attorney Smith suggested to the City Council they could authorize and direct him to prepare the necessary resolvtion. Motion by Sheridan to direct City Attorney Smith to prepare the resolution necessary for the condemnation request by G. A. Gunderson on the north 50 feet oi the east 75 feet of Lot 15, Auditor's Subdivzsion �{129 ior a road right-of- way. Seconded by Wolke. Upon a voice vote, there being no nays� the motion carried unanimously. � � BUIZDING BOARD NICETING MINUTESa DECEMBER 11, 1963� APPLICATION By MIDLAIdD COOPERATIVE INC. - 56 N. E. IiIGHWAY #100 FOR CONSRRUC- TION OF A SERVIC� STATION - 5' by 33'3 OF CONCRETE BLOCK AT AN ESTIMA�'ED COST OF i17�000.00: The City Manager read to the City Council the recommendation of the Building Board and presented drawings, Motion by Wolke to ccancar with the reeommendation of the Building Board and grant the application for a permit by Midland Cooperatives, Inc., 56 N. E, Highway �j'-100 for constructlon of a service station 65'�+" X 33'3�� of eonerete block. Seconded by Sheridan. Iipon a voice vote� there bein� no nays� the motion carr�ed unauimously. F�R BUNGALOWS aN UNIYERSITY LOWE: The City Manager explained to the Cit,y Council the above item had been laid over because of elevations not received and no action would be necessary at this time, APPLICATION BY �. J. AJAX AND SONS FOR OF A WAREHOUSE AT 92 - The City Manager read to the City Council the recommendation of the Building Board and explained the location oC the proposed warehouse. Motion by Wolke to concur with the recommendat3on of the Buildin� Board and grant the permit for construction of a warehouse at 92 - 1+3rd Avenue Northeast, 60 x 64 feet of cement and steel to E. ,T. Ajasc and Sons. Seconded by Sheridan. Upon a voice vote, there being no naysy the motion carried unanimously. SAFETY COMMITTEE MEETING MiNU�S,-DECEMBER 4, 1963: Acting Mayor Johanson announced the �tem in quest3on was the receiving of the Safety Committee meeting minutes. Motion by Wo1ke to receive the minutes of the Safety Committee Meeting held December 4, 1963. Seconded by Sheridran. Upon a voice vote� there being no nays, the motion carried unanimously. RCCREATION COMMISSION MEETING MINU2`ES, NOVEMBER 21, 1963: Acting Mayor Johanson announced the item in �llestion was the receiving of tha Recreation Commission meeting minutes and inquired if there were any co�ents. Motion by Sheridan to receive the minutes of the Recreation Commieeion Meeting held November 21, 1963, Seconded by Wo71ce. Upon a voice vote� there being no naysj the motion carried unanimously. C OMMfJNICATIONS : COUNTY ENGINEER: SAP 02-635-03 (CENTRAL AVENUE NORTH OF MISSISSIPPI): The City Manager read the coumiunication from the County Engineer regardzng the award of a contract to Dunkley Surfaeing Co.� Inc. regarding the above pro,7ect and stated he wasn't certain if a re�olution was needed. Motion by Wolke to receive the co�unication from the Anoka County Department of Highways regarding S,A.P. 02-635-03 approve and aceept the proposal pre- �ented by Dunkley Surfacing Co., Inc. to the Anoka County Board. Seconded by Sheridan. Upon a voice vote, there being no nays� the motion carried unanimously. WHITEHIIS,: �ASEMENT; The City Manager read to the City Council the coumiunzcation from Mr. Wayne R. 1 ' � .� � Whitehill in which it was stated Mr. Whitehill v�ould give the City of Fridley an easement for a sewer line and aacept $250.00 in return. The City Manager explained Mr. Whitehill had received a lot s�lit and requested that Council waive any assessments which amounted to $1200.00 estimated and now has a 1e'�ter requesting �250.00. Councilman Sheridan requested to know ii an easement had reen found in the reeords for this property, City Attorney Smitn stated it had not. � Motion by Sheridan to �eeeive the communicat3on from Mr. Wayne R. Whitehill and refer to City Attorney Smith for resea-rch, City Attorney Smith stated that if an easement were found� no monies would be due Mr. WhltehilL The City Mana- ger stated that at the time this item was first brought h�ihe attention of the Gity Council� it had been researched and no easement had been found. Seconded by Wo1ke. Upon a voice vote, there being no nays, the motion carr�ed unanimously. CITY ATPORNEY: CONDEMNATION: The City Aianager read to the City Council the communication from City L�ttorney Smith regarding the cendemnation on the Adams �treet Addition and stated Mr. Sorenson was willing to accept $3�000.00 in Full payment and t,he condemnation eould be dismissed. It was mentioned by the City Manager two commissianexs have been appointed for condemnation purposes and the City Council w,,hed to direct the City Attorney and himself to obtain these easements in q�rstion based on the commissioner`s awards unless they are more than �3,000,00. He explained they were already in condemnation and the fiward would be tinal and two apprais- a],s would be given. City Attorney Smith explained to the City Cocancil the judge had appointed two people but they could use just one commissioner il they desired but the two appraisers were good. City Attorney Smitr fi\xrther er,plaaned that y�hat the Ciiy Manager had in mind was that ii the commissioners come up with a figure equal to or highery they could negoLiate it but if it is sub- stantially under� chey could allow this matter to go through under court pro- cedure. Councilman Sheradan stated that� as he recalled, they couldn't get � an answer from Mx. Sorenson unless they went to court and the former City Attorney h�d written to him i'or year�. City Attorney Smith eYplalned the City Council did not need a motion on any procedure, Motion by Wolke to receive and £ile the letter from City Attorney Smit,h rebard- in� theCity of Fridley Condemnation on the Adams Street AddiL�on. Seconded by Sheridan. Upon a voice vote� there t�eing no nays� the motion carried unanimously, CITY AT`PORNEY: NEGOTIATIOPI: The City Manager explained to the City Council the communicatlon irom City Attorney Smith regarding the W. R. Oman propert;�� that City Attorney Smith had met with Mr. Om�n and gave concltasions reached, The City Manager stated this item would be at Council descretion. Motion by Wolke that theCity Council of Fridley rescind its ofFer to W. R. Oman take� at the previous meeting. Seconded by Sheridan. Upon a voice vote� there bein� no nays� the motion carried unanimously. SUBURBAN IINGINEERING INC., SEWER AND WAi'ER LATL�'RE1LS (MCLODY MANOR): The City Mana�er read to the City Coixncil the co�u�un�cation from Suburban Engi- neering Inc.� an3 stated the arza had been inspected znd approved by Pngineering � �`�sistznt Clark and City �ngineer Qareshi suUject to the normal one year �,*uar- antee bond and explained that if the City Council z�tshed to accept this they could authorize the obtaaning of the bond necessary. Motion by Sheridan to receive the communicataon from Suburban Engineering, Inc. regarding Melody Manor� approve the sanitary seorer and water laLerals placed on 75th Avenue bety�een 5th Street T�Iortl,east and Lyric Lane sub,7ect to the re- ceaving of a normal one year guarantee bond. Seconded by Wolke. Upona voice vote� there 6eing no nays� the motion carried unanlmously. Si7BURBAN ENGINEERING, INC., STORM SEWER (MELODY MAIQOft 2ND ADDITION): Fb The City Manager read to the City Councilthe communication from Suburban Engi- neering� Inc.� and stated the area had been znspected and approved by Engineering Assistant Clark and City Engineer Qureshi subjeet to the normal one year guar- antee bond and explained if the City Council wished to aceept thas, they could authorize the obtaining of the necess�ry bond. Motion by wolke to receive the cammunication from Suburban Engineering, Inc.y regarding Melody Manor 2nd Addltzony approve the storm sewer for the subject addition including Memory Lane between 73rd Avenue Northeast and Ballet Boule- vard and Ba11et Boulevard irom Memory Lane to Lyric Lane �ubject to the receiv- , ing of a normal one year guarantee bond. Seconded by Sheridan, Upon a voice vate� there betng no nays� the motion carried unanimously. FINANCE D7I',�CTOR: FAINTING OF CITY HEIIS, INTEPIOF: The City Mai&ger explained to the City Council the item in question was an znter- office memo regarding i,he painting of all laut two offices of the City Hall and explained the quotations received were under �1,000.00. Acting Mayor Johanson st,ated that as there were many decorators taho lived withan the City of Fridley, they should be given an opportunity to bid on this job, The Finance Director replied that several qaot-ations had been received, The City Manager statied if the City Council so wished, they could advertise on the job. Councilman Sheridan inquired and was told thi� would come under theexpenses of the 1963 budget, 'lhe City Manager stated t�e princ3pal question was if the Czty Council would approve of having the interior painted for this approximate figure and then they could advertise and give everyone an opportunity to bid. Councilman Wolke stated he felt this was not �he time of year to 6e painting the interior. Motion by Wolke to table the palnting of theCity Hall interior to a later time ln the year. Councilman Sheridan stated that ii it were going to be tabled� it could not be tabled for very long. Motion dzed for lacl� of a second to the motion, Councilman Sheridan inquired of the City Manager if they could present a more conerete bid from some people in the co�unity and have it available for a we`el� from thzs date. Councilman Wolke stated that as they were going to build ' a fire hall next door, this matter should be held in abeyance until thzt i� finished. Motion hy Sheridan t,o table until the next regular meeting the painting of the city hall interior. Seconded by Wolke. Councilmen Wolke inquired, at this poini.� if the City Manager were aware that there was a small problem in Holi- day Hills on one of the manholes, �Phe City Manager replied that he was un- aware of same. Upon a voice vote, there being no nays� the motion carried unanimously. PLANNING COMNIISSION MEETING MINUTESL DECEMBER 12, 1963: Actzng Mayor Johanson announced that under the Planning Commission minuties� an item had inadvertently been overlooked and they would now retuxn to same. L, S. #F63-37, R The Cit,y Manager read to the City Counezl the recortmiendatson of the Planning Commisslon and st�ted Mr. Sybrant was present requesting the lot split and in favor of same. Councilman Wolke inquired if they were eoming up with two or ?our lots. Mr. Sybrant replied there were two lots at the present time and two that would be red-tagged until there would be a street in the area. Coun- � cilman tidolke stated� that previously� this was not done, The City Manager ex- plained the ordinance was amended as it is under an acre to permit two or more lots to be split. Councilman Wolke stated that what Mr. Sybrant was requesting� 3n facta was a split to four lots. Mr. Sybrant replied this was correct. 3'he ltem was explaYned on a�ketch presented by City Engineer Qureshi. The City I�fanager explained this item was within the legal description preferred by or_ dinance and it permits up to an acre to be split provided it is a simple de- scription which this rras. Councilman Sheridan str�ted that on the original parcel, there was more than an acre and there had already been one lot split. A cliscussion period i,�as held regardin� the item and Councilman Sheridan stated he could understand what Mr. Sybrant wanted but he had been the councilman who L .J � � � }iad insisted on having plats presented. Mr. Sybrant explained to the City Council the house in the area that was to be removed. Councilman Sheridan in- quired if this land could be adjusted without platting, that the City Council had taken the attitnde that on these, they should be platted so that descrip- tions would be easier. Councilman Wolke statied a person could take 40 acres of land and still do the same thing. Councilman Sheridan explained Mr. Sy- brant wished to tear down a building and have two lots to build two houses and it would mean moving the center lot line� so actually he r�ould end up with three lots. Acting Mayor Johanson stated he did not heve any feeltngs against the item but it had been recommencled by the Planning Commission. Coiancilman Sheridan stated he would reco�end that the area be platted. Mr. Sybraut stated he could obtain the buildin� permits the way it is presentl,y platted but iaanted to put in a larger house on the one lot. Counezlman Sheridan explained to Mr. Sybrant the lot had previously been spl�t North and South and in order m make it into more parcels� it would have to have a plat of record. Acting Mayor Johanson stated the City Council would eontinue as the matter Had died for lack of a recommendation. VISITORS: Acting Mayor Johanson inquired if there wer� anyone present who wished to ad- dress the City Council on any business that was not on the Agenda, Mr. Tarpey of 5738 Humboldt Avenue North adclressed the City Council and stated that he had previously asked to purchase a pzece of property on Main Street and 49th Avenue Northeast. The Czty Manager explained this itiem had been referred to the Plats and Subdivision Committee and he had understood the City oi Frid- le� did not own the lot in question� that tne City was supposed to own it but apparently a deed to it was never filed. It yaas stated the legal was Lot 30 in Plymouth Addition. Acting Mayor Johanson r�uested the City Manager check the item out and in the event the City of Fridley does own the property� it should be dispensed. CLAIMS: Motion by Wolke to appxove payment of General Claims �1510 through �159g• Seconded by Sheradan. Upon a voice vote� there being no nays� the motion carried unanimously. Motion by Sheridan to approve payment of Liquor Claims ��SB95 through #�59�+1• Secollded by Wolke. Upon a voice Vote� there be�ng no naysa the motion carried unanimously. Motion by Wolke to appnove payment of Pulalic Utilitiies Claims #2981 through �2997, Seconded by Sheridan. Upon a voice voter there being no nays� the motion carried unanimously. ESTIMATES: Motion by Wolke to approve the following estimate: Comstock and Davis� Inc. Consultin� �ngineers 1�+�+6 County Road "J" Northeast Minneaplis� Minnesota Estimate #1-Sanitary Sewer and Water Improvement Project �61 Estimate #12-Water Improvement Pro,7ect No. 3�+-K Estimate #5-Sanitary Sewer and Water Improvement Pro,7ect #63 Total $ 1�000.00 � 273.00 $ 27.Op � 1�j00.00 [J � Seconded by Sheridan. Upon a voice vote� there being no nays� the motion carried unanimously. LSCENS�S: Motion by Sheridan to approve the following licenses; ELECTRICAL LeRoy Signsy Inc, 3101 Narth 2nd Street Mintteapolis� Minnesot� E%CAVATING John A. Nelson Excavating 660 - 39th Avenue N. �. Minneapolis 21� Minnesota GLIV�RAL Harland E. Berry 6821 FIickoxy Street N. E. Fridley 32, Minnesota PLUMBING Axel Newman HeatYng & PlumUing 1608 Como Avenue St. Paul� Ninnesota Pete Novakowski 13�+0 Toledo Avenue North Minneapolzsy Minnesota 6y: David G, Orton by: John A. Nelson by: Harland E. Berry by: Richard D. Newman by: Pete Navakowski RENEWAL ftENEWAL RENEWAL ;VEW NEW Seconded by Wolke, Upon a voice vote, there being no nays� the motion carried unanimously. PETITIONS: Acting Mayor Joranson announced the item in guestion was the receiving and processing of petitions received. Motian by Sheridan to receive and refer to City administration forproces�in� Petltion #40-1963, Petition �41-1963 and Petition #42-1g63. Seeonded by Wolke. Upon a voice vote� there being no nays� the motion carried unanimously. CONSIDERATION OF ACCEPTANC� OF 44TH AVENUE NORTHEAST, (MAIN TO �+3RD); Acting Mayor Johanson �nnounced the item under consideration caas the acceptance of 44th Avenue Northeast. The City Manager explained this was an ordinance of Columbia Heights in which they� by an Ordinance #566� conve,qed to the City of Fridley that part of �+4th Avenue extended� that said ordinance had been passed in 1963 and it� was now being presented for Council consideration. Acting Mayor Johanson stated that Commissioner Mike 0"Bannon was present and wished to speak on this item. b1r. 0'Bannon stated the item had been presented to the County Board in December and the County had taken over the maintenance of the road until they would have tztle to the road and 1f the City of Fridley would convey this toad to the Coun�y of Anoka� they would take over the maintenance. Acting Mayor Joh�nson explained that as Fridley first hae to accept this road� did Nr. OY�an- non have �omething in writing that sazd they would take it from the City of Fridley. Mr. 0'Bannon sta�ed he wished to have a resolution giving this road to the County. The City Manager stated Council might wish to have City Attorney Smith prepare a resulution taking care of both items. City� Attorney Smith state@ that as they were going to annex this road and give it away� it �hould be ac- ceptec3 by ordinance. Councilman ?dolke suggested receiving the letters and re- Ferring to the City Attorney for processing. City Attorney Smith state8 he would incorporate a conveyance to the County. Mr. 0'Bannon stated the Caunty would maintain the roa3 and plow during the winter months. Motion by Wolke that the consideration oP the acceptance of 44th Avenue North- , ' � � ea�t� Main Street to �+3rd Avenue Nor�heast be referred to City Attorney Smith to process. Seconded by Sheridan. Upon a voice vote� there being no nays� the motion carried unanimously. INSURANCE COMMITTEE REPORT ON 1964 RENEWALS: Acting Mayor JoY!anson announced the item in question was the Insurance Committee ' Report on 1j64 renewals and Mr. Schillinger of the commi.ttee wou�:d explain. Mr. Schillinger explained to the City Council they had before them a report prepared by the Insurance Committee� that there had �een bao changes in the Insurance Committee� those being the replacement of Bob Pearson by himself as Mr. Pearson was no longer a resident of the community and the addition of Bernie Black as a member of the co�ittee. Mr, Schillinger explained, in detail� the report presented regarding the group hospital plar.� Figures paid by the City and em- ployees� di�'ferent types of coverage, N1r, Schillinger itemized the losses and explained they dealt iritn the total experience oP the p1an� that the loss ratio had been 94.0� and there had been a to{.al of �27,000.00 in approximate monie� paid� with claims o� over �25�OOQ,OQ paid out, Mr. Schlllinger explained L-here *7ere claims not included as of November lst„ Mr. Schillinger further explained the Western Life Insurance Company had agreed to renew their contract at the same premium even though they had lost money t,he f�rst 34 months on the pY•ogram. Mr. Schillinger further explained he did not have a11 of the figures avai�able tihis evening on all of the items but iaould like to appear again at a future Council meeting and kould give the City Council a complete breaYdo�an, Ac�ing Mayor Jonanson replied the entire City Council r�ould lake to spend a little more time orith Mr. Schillinger, Mr. Schill anger er,plaine3 the workman"s com- pensatioa and how it was an improved situatio-�l �.�ith improved experience giv- ing figures on same, Mayor Nee arrived at 9:30 P.M. Mr. Schillinger stated the City had received a dividend and iti was anticapated � that the City Groald receive another the coming year, He i'urther stated he o�ished to eall council attention to the reserve of over �1�000.00 on a person in�ured who was h9red at one of the warming housee the previous ;year and it was with regard to the employment of an elderly individu�l� that in this case there was an injury and it did appear to be one wi�h a 20�o disability. He expl�ined it waw the general consensus oF the Insurance Committee that they would etrongly caation it as undesirable from a G�orkman's compensation standpoint to hire elderly individuals. The City Manager explained that� ordinarily, elderly individuals were not hired but on some of the ,7obs that are hard to fill� they had done so and ti;e�e not ay�are oi any hazard. He vtated thZS person had gone out on the ice and had fallen but th�t, in the future� they would assiduously follow the request of the Tnsurance Committee and would not hire retired people ior this type oi �ob if it oras a daugerous thing to do, Mr. Schillin�er stated the Insurance Com- mittee wished it to he made a mstter of record they dici not approve of the practice. Mr. Schillinger explained that on general liability insurance it �;as handled by the U. S. Fidelity and Guarantee Insurance Camp�ny, the experience had bee,n ex- cellent and the Insurance Committee had been ab7e to obtazr, a credit and it was proposed that a group coverage be entered in�o on Liquor Llabil�ty coverage but. that this coverage should meet certain qualifications. He explained i,his was merely in the development state and it was their recommendation that if quali- fzcations were met that this oe placed :n a group association oi mu�7icipal liquor stores. He also explained coverages in force per liquor location. Mr. ' Schillinger explained the Fire Tnsurance schedule regax•ding buildings� contents� stock and business interruption. Mr, Schill�nger asked the City Council if there were any questions. Acting hlayor Tohanson etateda he felt, the report looked good but until they had had an opporturity to study it, they r�ould have no questions and possibly Mr. Schillinger could retur�� ati a future meeting to discuss same. The City Manager enggeGted to members of the City �uouncil they could act or. the renewals for 1964 and could study the balance of the report at a later date, Motion by Sheridan to receive the report from the Insurznce Committee and ap- prove the rene�aals that are recorrm�ended by this commzttee for 196�. Seconded by Wo1ke. Upon a voice vote� there being no n�ys, the motion carried unani- �u mously. The City Manager explained the Insur�nce Committee to the residents present� that there were seven indivldUals on this Insurance Committee repre- sen�ing multiple agents and the City Council had felt this co�ittee would be �ble to analize and cover the City extensively and give the City the best rate. He further explained the Insurance Committee elects an individual to serve as its chairman and this election is confirmed by the City Council and this chairman answers all cl�xms by the city. He stated the coumuittee was to be co�ended ior its work, that it is limited to citizens, property owners and tz,x payers who are multiple line insurance men in the area. � OLD BUSTNESS; SL+'COND READING OF ORDTNANCE �'S2 REZONING HUT�HIN50N ADDITION - R-1 TO C-2: Acting Mayor Johanson announced the item in c3uestion was the second reading of an ordinance rezoning the Hutchinson Addition and reqi�ted the second reading of the City blanager. The City Manager gave the second �eading of said ordinance. Acting Mayor Johanson inquired if there were anyone in the audience who wished to be heard in this regard. Mr. hen Benks was present and stated his property was ad�acent and he was concerned on the grading of the Iand, that a permit had been granted i'or a service station and he was interested in the elevation and the service road that they were compelled to put in. Mr, valheim representing the property owners i'or the rezoning of the Huichins�n �s�a��d there was a building permit issued under Lot 3 in this area and it was a part of what was under con- sideratlon� that upon rezoning the proposal is to put in a service station but it would be covered by the Building Board in the issuance of the permit 3tself� so the question would not be involved a� this time. Acting Mayor Johanson re- plied the question was not pertinent to the second reading of theordinance. Mr. Benks repliad i;hey had spent o,uite a bit of money putting in thiseervice road and when �t woulfl again be brought up� they wouZd appreicate being noti- Fied as there could be some problems regarding the development of this corner. Mss. Anderson of 7b50 East River Road stated she wished to voice her ob�ections and disapproval of couunercial land across from l�er property and stated if this , should be rezoned� she would ask the City Council when she sold her land to have it rezoned also, that the portion of her propexty facing the property in question snould be taken into eonsideration at that time, Notion by Wolke to accept as the second reading Ordinance #252 rezoning the Hutchinson Addition from R-1 to C-2� adop� and publish same. Seconded by Sheridan. Upon a voice vote} there being no nays� the motion carried unanimously. SECOND R�A➢ING OP ORDIIVAPICE �253 VACATING SERVICE DAIVE - SPRING BROOA PARK nrn�-arnn i� � � - Acting Mayor Johanson announced the stem under consideration was the second reading oi' an ordinance vacating a service drive in Spring Brook Park� Plat 2, The City Manager gave the second reading of said ordinance. Acting Mayor Sohanson inquired lf there wee anyone present who wished to be heard with re- gard to this ordinanee. Motion by Nee to aecept as second reading Ordinance ;�253� adopt and publish same. Seconded by Sheridan, Upon a voice vote� there being no nays� the motion c�.rried unanimously. City Attorney Smith stated this was Mr. Rasmussen's property and he still had an a11ey to vacater that his property was torrenced and he had talked to Mr. Rasmussen's surveyor and the County Snrveyor and they would need a copy of a resolution and a(iourt Ordex £or same. City Attorney Fimith further stated that � as he understood the problem, Mr. Rasmuesen didn't apply for the vacation of the alley� so they would have to have it processed and it was alright tfl pass on the seeond reading of the ordinance but it shouldn't be published, The City Manager explained it was a matter of striking the vacated word from the ordinance. Cltiy Attorney Smith explained this was not the City's problem� it was Mr. Ras- musss�n's problem, that for the purposes of the City oi Fridley it wasn't impor- tant but it would be to the developer in getting his plat f�led and unto the torrence records, that it couldn't be done without a resolution vacating the alley in question. City Attorney Smith further explained Mr. Rasmussen's sur- veyor and Engineering Assistant Clark would have a proper description of an alley to be vacated and authority U�ould be needed to publish a hearing� that on these notices the office had been taking care of it anfl if there were �ome allow- 11 ances that if a letter would be delivered� it could be set up so that sufficient published notice could be given. Motion by Sheridan to authorize �he City Mana�r to set a pub7ic Legal notice upon the receipt of the proper legal description on Sp;ing Brook Park� Plat 2. Mayor Nee inquired if Mr. Rasmus�en could contact the City Manager and proceed in the proper manner. Seconded by Nee. City fittorney Smith explained to Mr, ftasmussen that he had attempted to work out a way on which he could record �is plat but unless his attorney or someone could figure outi somezhing else5 this � cias the only way his problem could be worke� out� that the �orrence office would not take it without some legal basis for vacating the alley because he did rot have title to it and since the vacated alley aas only a por�ion of the easement� he would have problems recording it. Mr. Rasmu�sen stated he had thought lt had all been taken care of. Councilman 3heridan explsined to Mr. Rasmussen that the public hearing held in 1962 did not include this description. SUGGLS'I`ED AMENDMGNT TO CHAPTER 49 (TABI�n lo/2i/63): Motion by Nee to tab�e until the second regular business meeting in January of 1964 the suggested amenclment to Ch�pter �+9. Seconded by Sheridan. Upon a voice vote, there being no nays, the motion carried unanimously. OTHER BiTSINESS: Councilman Sheridan 3.nguired of the City Council beFore they vrent into any other busines5 if they could get the item cleared fpr Mr. Sybrant from the Plannang Commission Minutes. Councilman SHeridan explained the lot split in qustion and how a plat should be made of record, Mr. Sybrant stated he felt his land was under the acre required for a�lat. Conncilman Sheridan replied that unless the City Council wished to change the policy they had set forth, thi� would be the requirement� that it be made a plat and a plat of record, � Motion by Sheridan to den,y the request of a lot split, L. S. #63-37 by Richard J. Syhrant on Lot 35, nuai�or�s Subdivision �z92 as there should be a plat of record. The Ca.ty Manager inquired if t:�e City Council could authorize moving the line over. Councilman Sheridan stated the land had to be platted. Seconded by Wolke. Upon a voice vote� there being no naysr the motion carried un�nimously, NEW BUSIIVESS: PUBZIC BEARING - AMENDMENT TO SECTION 5,7A - 1jA OF ORDSNANCB N0. 70: Acting Mayor Johanson announced the item in ques�ion was a puhlic hearing on an amendment to Section 5•7�1 - 13A oi Drdinance No. 70. The City Manager read the Notice of Hearing. Acting Mayor Joh�nson req_uested that those residents wish- ing to speak should give names and addresses and limit conversation to three minutes or less and asked if there w�re anynne present wha wished to be heard regarding this amendment to Ordinance No. 70. Mr. Mil;e Hafner� owner of property, was present and atated he had checked out a few it�ms wnich he wished to mention� namely comparisons between trailer parks and indastrial companies, He stated it could be proven the city would get mor� revenue from trailer parks rather than industrial businesses� that the industraal area on Ma.�n Street covers 50 acres of industrZal area and brings in $�2�000 worth oY taxes and sewer and water re- venue, that 50 �cres of trailer parks brings in $117,000,00 and these figures could be proven. In the same area regarding the sewer in the same acreage� wa,ter otould be $31a000 revenue yearly from the �.railer park and �4'100 in indus- � try. Heexplained the records show there is one school child t� every six trail- ers and in the present tr�iler park in Fridley there are just 38 childrer, and 222 trailers, hLr. Hafner further explained that �11 money �rom the trailer parks atays in Fridley whereas in industry it is taken to other placesa that most men in industry do noti live in Fridley. Mr. Hafner stated that in a traller park sewer and water is pUt in by the owner and maintained by +he ownera also the maintenance of the streets. He further stated 'ne had canvassed the entire area and all the businessnien wanted this trailer park, thati he had talked tio the pres- ident of the bank and he was 100� in favor of zt. Acting Mayor Johanson ex- plained� for residents present� the boundaries on a map oP the proposed trailer park� and inquired if there were anyone else tiho taished to be heard, �� Mr. Virgil Herrlc2t, attorney for bSr, Hafner� was present and stated the section o£ the ordinance reFerred to does not require any rezoning, that actually, this is zoned I�I-1 land and whether it is lzght or heavy indastrial property does not make any diiference. He f'urther stated the only thing that had been done here was that it had been stated that auto eamps and trsiler courts may be erected upon obtaining a use permit in certain areas and their proposal would be that if the City Council wished to continue the ordinance in this way� that tre legal description be �dded to the legal descriptions they had and there would have to be an applicataon ior a Special Use Permit. Councilman Sheridan stated it would be an amendment to the ordinance. � Mr. John Wright stated it was his feeling and that of a number of people he had talked to that this is an undesirable change, that Fridley does have a care- fully worl;ed out zoning map and the intention as that most of the area be heavy industrial and a small part light industrial and located next to the railroad tracks and to Universit,y Avenue and it ie to the long term interests of Fridley to gei; permanent heavy industry in areas tahere they could make room for it and profit frorn it. Ee farther statied i,£ this trailer court were permitted, they would be discouraging industry and would be �iving up land that is de- sirable for same. Mr. Will Whitmore stated the comparison of the sewage hook-up as compared w�tr heavy industry and tr�Ffic problems presented along the road was not quite ,7ust becanse this woUld create more ts�effic, further, the Iausznesses who are in favor oi' this park are a small minority of the resYdenta of the City of Fridley and this would not bring the moot desarable aspectN to Pridley. Mr. Mike Hafner replied on the traffic problem it was tl3e weight he had referred to and the nnmber of the trucks and there was more re- venue for the city wzth trailer parks than there was with heavy zndustry and it would be the best bueiness they could have in any city. He further gave Midland Cooperatives as an ex�mple stating zt was one o� the lar�est industrzes and their entire tax bill� he stated was $88r000 the previous year� that the water and ser�er bill alone for a tra-�ler p�rk would bring in �31�000. Mr. E, fIarper of 257 -�9th Avenue Nprtheast stated he was in business with Gambles and their biggest problem wsth customers iraU stability� that he was opposed to trailer parks and would suggest the 6uilding of morehomes. Mr. Ed , Fahertyy manager of Gamble store in Fridley� �ias present and statecl he had vis3bed u�ith two other members of the Iiolly Center that day and they were oppo�ed to the -crailer park as he was. Mr. Rasmussen s;.2t.ed the City of Fridley could do a lot norse than tirailer parks, that the market tod�;y is �hare and,share alike and he ielt heavy inclustrial property did crea�e rezoning problems. He further stated the trr�iler market is up tremendously an3 it is a type of living and is a better zoning and better use for property than heavy indu�trial. Mr. Virgzl Herrick read to the City Council a list of industr�.es that could be erected on this pro- perty wzthout a Speeial Use Permit and stai,ed if they were talking dollars and cents, ±his was a good proposition from the standpoint of the city and school district, Mr. Hafner explained to the City Council regarding people moving in and out of trallcr parks and that perhaps one a month moves and the transients are greater in homes than in present day tra3ler parksi tha� the trailers are buil�; up like houses. He further explained in the park on $ighway j�65 there are ovex half' of the people wno have never left the park. Mr, Hafner listed as some of the merchants zn the area �aho kere in favor of the trailer park� Mr. Art Christiansony Mr. Leonard Inderlee oi Ben Franklin Store� Mr. Charles Narth of Snyder Drugs� Mr. Juliu� Manosevitz of Fridley Drttgs, Mr. Shapiro of Fridley Hard- ware and stated there w�re others. Actin� Mayor dohanson stated it was not the policy oP the Clty Council to act on a pUblic hearing the same evening as the hearing� that they usually tabled the item for action at tha next general business meeting and �t gave the City Council an opportunity to make an analysis and decision, l�e further suggested to Mr. Hainer that it would be well af he had some preliminary sketch so the City Council could see zahat they were planning and suggested they think about 25 aeres tather than 50 acres for tne trailer � park. Acting Msyox Johanson declared the public hearing� Amendment to Section 5.7A - 13A oP Ordinance No. 70 closed and announced this item *aould be place3 on the Agencta for the next general business meeting. PUBLIC HEARIi+7G - REZONING R-1 TO R-2A - LOT 1� BLOCK l, JUL7-ANN A➢DITION: Acting Mayor Johanson announced the item under consideration was a public hearing rezoning from R-1 to R-2A, Lot 1, Block 1� Juli-Ann Add7tion. The Caty Manager read the Plotice of I3earing. Acting Mayor Johanson inquired if there i u� were anyone who wished to be ki�ard on this xezoning request. There was no one present in favor of or in oppostion tp the proposed rezoning. Acting Mayor Johanson declared the public hearing on the rezoning irom R-1 t,o R-2A� Lot 1� Block 1, Juli-Ann Addition closed. Pi]BLTC F1E�IRING - REZONIiVG R-1 TO R-2A - PART OF LOTS 1 AND 2, BLOCK 3, SEIIIFFER'S ADDITIONs � Acting Mayor Johanson announced the item under consideration was � public hearing for the rezoning from R-1 to R-2A in part of Lots 1 and 2, Block 3, Shaffer's Addition. The City Manager read the Notice of IIearing. Acting Mayor Johanson inquired if there were anyone present who wished to be heard on this rezoning request. Mr. V, M. Nagel� Membvr of the Planning Commissian� stat�ed thzs lot was on the corner of 76th and Able Street and it was nothing but a pot hole and old brush and the only way anything would ever be developed there was tia let somebody use it as a two family dwelling� that the records would show the owner had come in with signatures and approval of a11 the people in the affected neighborhood. Councilman Sheridan stated the ltem had been befare the Planning Commission and it had been turned down. Mr. Nagel replied that it had been turned down principal],y because of the fact they were getting two family dwellings across the street, Mr. Davad Lennox was present in favor of the rezoning, stating that he had �irculated a petition in the neighborhood and everyone he had talked to had thought it was alright, that they would a11 like to see a double bungalow on this lot� that there were nothing but double bungalows all the way down the street, Councllman Sheridan inquired of Mr. Lennox if on the west gart of this lot� was there a home facing 76th Avenue and was told there was. Councilman Wolke stated� he felt� that flrst oF a11 this Coune�l had to take into consideration the matter of economics� that when sewer and water was run down W street and assessments charged� they charged far improvements and tliis owner had an economical problem; that to build ior a single family dv�elling would be almost impossible and yet they expected him to pay assessments and it was something they should take into consideration as some lots aren"t feasible � for single family dwellings but taa;es do continue. Councilman Wolke further stated they could talk esthetics but it could not alwa;�s be done and until thz land is put to use, it was hard for the owners. Mr. Nagel stated to the City Council the city had helped create this problem. Mr. Ken Kr�vick� member of the Planning Co�ission present, stated he recalled the inoidenti and tihe im- plication; this person� he stated� had purchased the land after the lot in question was split and it had nnly recently been acqulred and the owner had not been stuck with this property for years as had been implied and the im- plication that Mr. Lennox has been long suffering was not a true reflection. Mr. Nagel replied that what he wae stating was by allot�ing the lot split� they had aggravated the prob]em with an undesirable lot and the only way they could use it is perhaps with income property because no one wi11 spend lar�e sums of money just for one house. Acting Mayor Johanson declared the public hearing on the rezoning from R-1 to R-2A� part of Lots 1 and 2� Block 3� Shaifer's Addition closed and requested the item be placed on the January 6th� 1964 agenda. CONSIDERATION OF ORDINANCE AMENDING CHAPTER 66-LXCAVATORS: Acting Mayor Sohanson annotanced the consideratlon of an ordinance amending Chapter 66 on excavators. The City Manager stated some discussion had developed on this item, Mr. I. S. Oakes was present and stated he was interested in this item and would suggesc this be laid over for 30 days and looked into because some question had been raised and the City Council wvuld be directed a report that thi� is possibly not necessary. � Motion by Nee to table for thZrty days the consideratinn of an ordlnance amend- ing Chapter 66 regarding excavators. Seconded by Sheridan. Upon a voice vote� there being no nays, the motion carried unanimously. PAYMENT OF TEMPqRARY BON➢S - SW#29• Acting Mayor dohanson announced the item under consideration zaas the paymenti of temporary bonds� SW�29� and requested comments af 1.Yie Finance Of£icer. The Fanance Officer ex�lained the procedure and stated it would be unnecessary to sell bonds as the City had money of theix own. i4 Motion by 4dolke to approve the recon¢nendation of theFinance Officer and authorize the transzerring of iunds for Temporary Bonds� Sewer and G7ater Improvement Pro- jact No, 29. Seaonded by Sherzdan. Upon a vpice vote, there being no nays� the matzon carried unanimously. APPOINTMEN^1; Acting Mayor Johanson announced the consideration� at this time of an appoint- ment. Councilman Wolke inquired of the dutzes of the person to be hired. The City Manager explained this person would wark in the Assessor's office and would� ir. so doin�� cut down on the part-time help needed during certain times of the year. Motion by Sherldan to approve the following appointment: NAME POSITION SAI�ARY REPlACES Robert A. Kirchberg Appr�iser $450,00 New 2655 Morgan Avenue North per Position Minneapolis} Minnesota mouth Seconded by Wolk�. Upon a volce vote� there being no naysa the motion carried unanimously, R�SOZUTION ��198-1963 APPOIl�?TING MIlVNESOTA I�IGHWAI' DEPARTMENT COMMISSIONER AS AGENT: Acting Mayor Johanson announced the resolution appointing the Minnesota Highway Department Commissioner a; agent. The City Manager explained to the City Council they had p�ssed a resolution similar to this, that this was the same basically but the State FIighway Department felt this was a better form. � Motion by Wolke to adopt Resolution #198-1963 appoint3ng Coirunissioner of High- taays to act as agent of the City of Fridley in relocation of utilities - SP 0285-�3 � and SP 9285-12 (6g4) Agreement 53�37• Seconded by Nee. Upon a voice vote� there being no nays� the motion earried unanimoasly. RESOI,UTION #199-1963 TRANSFERRING FUNDS: Acting Mayor Johan�on announced a resolution transferring funds. The Finance OfFicer explained to the City Council some activities had cost more and some were running less in monies� that this did not increase the total budget� it would ,7ust balance it out. Mot�on by Wolke to adopt Resolution �19g-1963 transferring certain funde. Seconded by Plee. Upon a voice vote, there being no nays, the motion carried unanimously. RESOLUTION �200-1963 ��ASSNG FUNDS FOR MSA 308 (73RD AVENUE NORTHEAST}; Acting Mayor Johanson announced the resolution in question was for the releasing of funds for MSA 308 and statied it had t.o do with the purchase oi lands. The City Managex explained there was some condemnation and costs involved and stated the State Department would not reimburse the City of Fridley for more than they had agreed. Motion by Sheridan �o adopt Resolution �200-1963 authorizing the use or release of Minnesota State Aid Funds Por payment of,city's expense in regard to the impravementi of proposed 73rd Avenue Northeast. Seconded by Nee. Upon a voice vote, there be2ng no naya, the motion earried unanimously. RESOLUTIONS SPLTTTING ASSESSMENTS: Motion by Nee to adopt RE50LUTION �201-1963 authorizing and direeting the splitting af special assess�ents on Lots 21 to 24 ine., Blo�ls 5, Oak Grove addi- tion. Seconded by Sheridan. Upon a voice vote� �here being no nays the motion c�rried unanzmously. ' � � � Motion by Nee to adopt RESOLUTION #202-1963 authorizing and directing the split- ting of special assessments on Lots5 to 12� inc,} (ex. a11 af lots 11 and 12a and Lot 10� ex. E"ly 10')� Block S, Riverview fIeights Addition. S�conded by Sheridan. Upon a voice vote, there being no nays, the motion carried unanimously. Motion by Nee to adopt RESQLUTSON �243-1963 authorizing and directing the split- ting of special assessments on Lots l, 2� and 3, Block 3, Spring Brook Park Addition. Seconded by Sheradan. Upon a voice voter there being no nays, Ghe motion carried unanimously. RESOLUTION #20�-1963 FOR SFECIAL 1965 CENSUS: Actzng Mayor Joh�nson announced the item under considerztior. was a resolutiion calling for a special 1965 Census and requested an explanatlon of theCity Manager. The City Mana�ex explazned to the City Council the State Legislature haa enacted a law which makes a census every five years ofiiclal if any city requests it and passes for it} that some of tihe State Aid Fur,ds are based on a percentage of i�. He fUrther explained that in 1963 it ulas set up by the legislature and they had been looking into this and had saved a little tune� that the �iGy of �oon Rapids had o�tained an estimate at ahout $4,6Q0 and according to that� the census �or the City of Fridley ti�ould be approximately �5,000 and he felt Fridley could avoid the first step since Coon Rapids had made it regarding the es�imate. He stated this resolution requests the Federal Director to take a census and explained the tax apportionmen: and liquor tax apportzonment �nd stated the additional money to the city derived wou.ld be approximabely $30�800 and they had not figured the exac� monies or. the State A�d because it was based on miles of road and populat,ion but the bi� Lmpact iaould be on ciaer and cigarette tax and this �5,000 expenditure would bring in about �30r000. Councilman Sheridan inquired uinen this �aould tiake effect, The City Manager replied it would take effect in 1g66 but �t ;aas necessary to get the request in beiore the end oi the year 1963. Mot2on by Nee to adopt Resolution �204-1963 callin� for a special 196k census. Secondefl by Sheridan. Upon a voice vo�e� there being no nays� the motzon carried unanimouely. RESOLUTION #205-1963 �ERTIF�ING CHKRGE3 TO COUN�'Y AIIDITOR: Acting Mayor Johanson announced a resolution vnder consider�tion certifying char�es to the County Auditor. The City Manager explained to the City CaLmcil this was a resolution wherr the Health OFficer did get some premises cleaned up under the law that permits the city to give notice and clear up premises and placed on ta�c roll against the mentioned property. Motion by Sheridan to adopt Resolution r�,�`�05-1963 certiPying charges to the Coun�y Auditor to oe levied against certain properties Sor collection with the i9�3 taxes. Seconded by Nee. Uppn a voice vote� there being no naye� the motion carried unanimously. RESpLUTION APPROVING AGREEMENT AND DSRECTING ��ECUTION (N.S,S.S,D.): Acting Mayor dohan�on announced a resolution under consideration approving an agreement and directing execution of same. The City Manager explained to the City Counc3l he had placed this item on tkie agenda because it was requested by the NSSSD Aistrict� that� howevcr� the Council dld set up a committee� had given them 30 days to see if they could come ug with somethin� agreeable to the City Council. He further explained they had met quize a few times and were meet - ing again and oaere quite optimi:tic that �hey would have socnething in writing for the City Council and if the council wished after the committee had approved the writing presentedJ they could meet on same. Motion by Nee to table resolution approving agreement and directing er,ecution� N.S.S.S.D. for further con�lderation. Seconded by Sheridan, Upon a vozee votea there being no nays� the motion carried unanimous7,y. REPORT ON STORM ATdD SANITARY SEWER - 2�A AND 2�+B: Acting Mayor Johanson announced che item in question wac a repox•t on Storm �� b and Sanitary Sewer work. The City Manager stated the City Council had re- quested some time back that this matter be checked out on the maintenance� that this report had been compiled by the Public Works and City �ngineering Department and given to the City Attorney for examination and recommendation. Acting Mayor Johanson requested comments of the City Council stating he per- sonally felt they should follow conclusions and recourtnendations of the City Attorney and authorize the proceeding of the recommendations. Mayor Nee in- quired if this matter had been discus�ed with aonsulting engineer Comstock. The City Manager replied that he and �±y Attorney Smith had discussed the item with Mr. Comstock. City Attorney Smithstated this was so and the staff had done a good job oi cataloguing the events that had taken place but it came down to the question oF whether there was some responsibility under the main- tenance year and it involved engineering question� they had to have an answer on and did not have them. Councilman Sheridan stated that following the eon- clusions set forth by City Attorney Smith� could they direet the City Manager to have a proposal and recommendation as far as the consulting englneer out- side oi the State of Minnesota to folloir this. Acting �ayor Johanson agreed and added they could pursUe items two and three of conclusions at the same time, Councalman Sheridan stated if they would do one thing� they would go all the way and have these recommendations back to the City Council to act on the second meetiing of the year. Councilman Llolke inquired if it were possible iD get this kind of testlmony. Cit,y Attorney Smith agreed they might not get anything productive but stated they had been getting a certain amount of maintenance but they were not q_uite sure they could get anymore� and maybe the contractor has done everything he should do but basically� it is an engineering problem and question. Coancilman Sheridan stated he felt the city attorney was looking for an impartial outsider to review the facts and evaluate them and tell the Clty Council who is wron� and either they would follow his recommendations or not but at this point they had a preeious c3ty engineer who had told them some things and zt had raised some questions. City Attorney Smith stated the records show there was a continual pattern dating back to April of the break-ins� brsak- downs and problems and it seems they would �ust get one problem solved� and then they would get another break and whether these breaks are beyond a year's period go back to the contract� they were not sure. City Attorney Smith fur- ther stated that if he could get positive engineering answers� then he could evaluatie whether or not there is liability under the contract� that a great deal h�s accumulated under the expense� and since this renort� they have ha,d two minor bre�ks. - Motion by Sherid�n to authorize the City Manager to proceed with Paragraphs 1� 2� and 3 listed under Conclusions in a letter received from City Attorney Smith dated December 12, 1963 regarding storm and sanitary Project No. 24A and 2�B and return to the Council floar the first regular meeting of the nea year hxs recommendations for an outside impartial consulting firm to do this review� his recommendations being for the City Council to proceed. Seconded by Nee. Upon a voice vote� motion carried with Wo1ke opposed. CONSIDERATION OF HARSTAD REQiJEST (MIPdUTES - PAGES 6& 7�: Acting Mayor Jc�hanson announced the conslderation of a request b,y Mr. Don I�arstad. The City Manager stated this ltem was discussed in previous minutes and the service drive in question but they had not received all the facts. Nfr. Harstad� he �tated� was interested if the City Councilwould waive the escro�a money and felt that he had given 50 feet of a road ior a waiver of all the fees. It wae further explained City Engineer Qureshi had inspected the are� with Engineering Aesistant Clark and himself and they had concluded tnis escrow money �aas not pertinent and felt they could recommend the City Council could waive the escrow monies because of the 50 feet. Motion by Sheridan to waive the_escrow monies on plat of Mr. Don Harstad. Seconded b,y Nee. Upon a voice vote� there being no nays� the motion carried unanimously. OTt➢�'R BUSINESS: Motion by Mayor Nee to close the City Hall at noon on the 24th of December� 1g63 and at noon on the 31st of December� 1963. Seconded by Sheridan. Upon a voice vote� there being no nays� the motion carried unanimously. , 1 � �� Councilman Wolke stated he wished it to be made a matter of record even though it was late now� tnat the next time a city employee pas�es away� the city management should direct that any employee should be given tihe time off Yor funeral attendance if it is sp wished� that each individual should be given a certain amount of respect. Counci]snan Sheridan anquired of Mayor Nee that he thought it was a practice that the liquor operations close down at 6 P.M, on Christr,,as �ve �nd wculd this be true. Mayor Nee renlied at would. � The C1ty Manager stated he had received a letter from consulting engineers Comstock and Davis� Inc.� and they had suggested the City Council refer the matter to the city's legal counsel where the St. Paul Water k'nrks suggested a different type ol work on their easement. Mr. Comstock� it was stated, had suggested the mat�er be referred to City Attorney Smith for recommendation. Mr. Comstock stated they should have a declarai;ion as to the rights the clty has regarding the wqrk to Ue done and remifications if the city wishes. Motion by Nee to refer the letter from Camstock and Davis regarding the St. Paul Water Works �epartment to City Attorney Smith for his reaommendation. CitS� Attorney Smith suggested they could authorise same without the ceiling on the cost plus on the 15,� of the work� thet to his knowledge, the wor'� on the easement would not exeeed the $�+�500 stated. He stated there was some risk but the worlc would be supervised. Mr. Comstock stated the usua7 wa� such a contract had always been let in Fridley was on a fixed Pi�ure and the original lump sum figure that was proposedr they had felt} was in excess and the city engineer had recommended that it be handled in thie manner, Seconded by Sheridan. Upon a voice vote� there Ueing no nays� the motion carried unanimously. The City Manager stated he had received a].etter this day to the City Council from the attorney for the N.S.S.S.D. The letter was read by the Cit� Manager regarding sction taken on December lOth by the Board of the N.S.S.S.D. which approved the p2+oposed Service Agreement with communities. Motion by Nee to receive and file letter received from the attorney i'or the � N.S.9.S.D, regarding the proposed Service Agreement. Seconded by Sheridan. Upon a voice vote, there being no nays, the mot3on carried unanimously. ADJOURN: There bein� no further business, Acting Mayor Johanson declared the meeting ad�ourned. Respectflally submitted� ,°' � ' � - � �,. � � r ', �.�/��, '� �,�� _ =�.�X�� . i'lc;� /��F�� -c'i Sue Miskowa.c MAYOR - William ee Secretary to the Council SPECTAL MEETING OP Tf� CITY COUNCIL - DECEMBER 23� 1963 The meeting was called bo order by Mayor Nee at 8.23 P.M. � ROLL CAI,L: Members Present: Johanson� Sheridan� Nee Members Absent: Wolke, Brook CONSIDERATTON OF BIDS FOR FIRE STATSON: The City Manager read the following bids and reported that he had opened the bids at noon in the presenee of Robert Aldrich� Fire Department, James RYChards,