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08/31/1964 - 00022566�u� SPECIAL COUNCIL MEETING� AUGUST 31� i964 A Special meeting of the Counc3l of the City of Fridley wae called to order by Mayor ftee at 8:12 P.M. ROLL CALL: Mempers Preaent: Nee� Kirkham, Wright Membere Absent: Sohaneon, Sheridan BIDS FOR FENCE - OPENED NOON, AUGUST 2�F, 1964: Mayor Nee announced for Council conaideration the bids for fencing the Wa�er Treatment Plant opened_on Auguat 24th. The City Manager read the bids aloud ae Yollowe and atated the City Engineer had tabulated the bida and reported the loweet bid wae Cyclone Fence Salea in the amount of $3,200.00 with $405.00 as alternate� the aecond low bid wae Crowley Fence�Company in the amount or $3,434.00 with $g88.00 as an alternete� that the estimated'coet was $3,475.00 and the low bidder wae $275,00 lower than tke estimated cost: Plan Holder Century Fence Company 1408 W, County Road C. P.o. smc go15 St. Paul 13� Minn. Crowley Fence Company 3110 Eset Lake Street Minneapolie 6� M�nn. Crown Iron Worke 1200 Central Ave, N.E. Minneapolis� Minnesota Cyclone Fenee Se1es U. S. Stee1 �orporation �k50 Lyndale Ave. 50. Minneapolis� Minnesota Bid Depoeit American Ina. Co. �j`� of the Bid Base Bid A7.ternate No. Completion Time $3�661.00 $442.00 3o Calendar Days Bid Bond Glen Fa11e Ine. Co. 30 Calendar 5� a� B�d �3,�+3�+.oa $788,0o nays Bid Sond St. Paul Fire � & Merchsnts Ina. Co, 30 Calendar 5� of Bid $3,639.00 $700.0o Days Check in amount of $250.00 from U.S. Steel � corp. $3,200.00 21 Calendar $4o5.od nays Moorhead Machittery & Boiler Bid Bond Co. Hartford 3477 University Ave. N,E. Acciden� & Minneapolie 18� Minn. Ine. 1+5 Calendar 5$ oi sid $3,So2.00 �4B9.00 Days The Cit�y I+�anager stated he concurred with the recormnendation of the City Engineer that the low bid of Cyclone�Fence Sales in the amount of $3�200.00 be awarded the bid. Councilman Wright inquired�if City Engineer Qureehi coyld tell them if p�terne.te #1 compare� with the coet oP equivalent facilities in a sepsrate building. City Engineer Qureshi replied if they wanted �he equivalent it would be approximately $1,800.00 Yor a temporary shed place ueiag exist3ng facilitiee. Councilman Wright inquired if the facility would be heated and wae told it was and could be uaed the year around. The queetion was raiaed if the City Manager objected to having the facilitiea in the proposed tuilding and it was replied the Ci� Manager did not object eo long se it wae fenced off. The layout of the proposed facilitiea.was explained by City Engineer Qureshi. �_;�0 Mot3on by Wright to award the bid for the fencing of the Fr3dley Filtrat3on Plant at 601-61et Avenue Northeast to Cyclone Fence Salee� U.S. Steel Corporation� 1c450 Lyndale Avenue North� Minneapolis� Minneeota in the amount of �3�200,00 including Alternate #1 in the amount of $405.00. Seomded by Kirkham. Upon a voice vote� there being no na.ys� the motion aarried unanimoualy. BIDS POR POLICF. CARS - OPENED NOON� AUGUST 2�F, i964: Mayor Nee announced for Council ooneideration the bida for Police Cars opened at noon on August 24th. The City Manager explained there were no bids� that several communities� they had fieen told� had the�same s3tuation� that the bida had come out at the time between models,of cars and deslera could not give any prices, It was suggeated by the City Manager i,hat the City Council a,uthorize him to readvertise at e.nother time on the eame basis, Motion by Wright that the City Manager be suthorized to ree,dvertise ior bida on Police Cara at another time on the same bae3s. Seconded by Kirkham. Upon a voice vote� there being no nays� the motion carried unanimously, � 1965 BUDGET - DPW PAYROLL: Mayor Nee announced the consideration oi a modification of pay et�ucture and explained the City Menager and Mr, McClellan� representing the union� had been authonized to conier on dlYferences� that the City Manager had a propasal and it should be-discusaed. The City Manager stated he hadn't heard what the business ageni for the Union had ta say but he would reconmiend ti�e comprotqise Yie had presented and v�ld auggeet no changes be mede in it but the City Council should hear from Mr. i McClellan. He explained the dlYference between wha.t was originally recommended by himaelf and accepted by the City Council had been _ � increased by $`3�996.00 based on hie reco�nendation oY a atraight 2po. He further explaindd �}Se compromise-averages out ta 3-1�2+�� that basically it is 3-1�290 instead of 2�, and there were men euggested as CM II who were now up�raded to CM III and one man from CM III to utility man t�h�ch upgraded the totsl 6� approximately. It was explained the CM I men exe upgraded to CM II�e and there are seven �that have� gone up one etep from whet was orginally recommended by the City Manager. Mayor filee inquired�l if this �ras approximately whst the vnian propoeed before, The City Manager replied thie was what they propoaed to the 21 communitiee and returned with a much higher proposal and this wae now Khat� h� knew� ' quite a few of the co�unities would be reco�ending to their council�. Mayor Nee inquired if Mr, MeClel]an hsd received 1>he proposal and vras told he had, Mr, Mc0lellan aeserted they had seen the euggeated com- promise and were appreeistive of the upgrading he had provided �+ith tte exception of two claseificatione� thoae being the leadman and mechanic claseificatione. He stated they would like to have the City Council conaider the following additional upgrading and monetary increasee� that they wiehed to request the heavy equipmexrt roperator be raiaed to $5go.00 and the leadman up to $6i5.00 and othere also� 'Ghat they would Rope an adjuatment be mede at the midpoint of the year for the mechanic. Mayor Nee inquired 1P he had conferred with the City Manager� that the City Council did not feel qualiiied to appraise What the men did. The City Manager atated Mr. McClellan's job was to get all the increase he could for the emp2oyeee but he had k8 other employees beeides the 12 in this department to consider and theae vere getting a 29� incresee. He further stated the reason he Yelt•he could jueti�y going higher was that thie was not neceeearily a percentage increaee ia the P�ablic Works Department and the union is�attempting to establish a setup for each jota, The CIty Ma.nager asserted that the amounts recommended were not only in line `rith what theCity of Fridley could aYPord•but the city did need to be in line with the ba].ance of the budge�. It was explained that� additionally, there will be many co�unities that will be and are dealing with thie union and will be at %he�eeme rate and eome Would be lesa than thie recom�n�ation� that Fridley will not be the low co�unity and would be ae high ae any. He further explained this would slso be in line with the other city employees and ee for the mechanic� he had made 3t very clear they were not going to establish an expeneive equipment job and thie did report a eubetantial increaee for i965 ae this peraon had already received a$25.00 raise and he had been employed not quite a yees. . The City Manager atated he had 60 employees to conalder and would etron�ly _ urge the City Council accept the compromise as presented as they would not he underpa,ying the employees and Wo�ld not be out oY line with the other^eubunbs. Councilme.n Wr3ght inquired if Mr. McClellan had taken the compromiee figuree back to the union. Mr. MeClellan replied he had and they were not content with the figurea� that they felt there was a dlYference but did not te.ke a vote and the employeea would be agreeable to the figurea he had presented to the City Council. It was explained by the Ci.ty Manager they had had the leadman just a short time wi$ithe claeaiiication and the bulk oY the responsibility of runninq these vasioue departmente et3]1 ie on the Superintendent oP Utiiitiea and there aren'.t that many crewe out but ae the City of Frimley would grow� there will and ehould be a wider apree,d. He further explained it wae not that.impox�lsant to upset the whole rationa&e of the personnel ser- vicee for the City as a whole. Covncilman Wright inquired if the City Ma.nager wae saying there will be a differential between theae employees and the other city employees that will ba out of line. The City Man�ger re�lied he had not� at thia time� given a flat 3-1�2� to the other c3ty employees e.nd if they got much further out o3' line they would have a morale problem� that thia is almost double the percent of incresse the rest o3 tha city employees were getting and in within reason and logical. It was suggeeted by the City Manager that the City Comn�hil adviae him this comprpmiee be included in the budget se a final consideration ae he would have to have the appropri�tion ordinence ready for ihe meeting oi September 8th. Mr. McClellan explained the dollar difYerentiel and the meetinge which had.been held with 9ie 21 repreeentatives of d3Y- ierent co�unitiea and the impaes arrived at. r, Motion by Kirkhem that the City Council adopt the compromise suggeeted by the City Me,nager regarding Department of Public Works Payroll for the year 1965., Seconded by Wright. Upon a voice vote� there being no ne,ye� the motion carried unanimously. Me.yor Nee expreeeed the appreciation of the City Covncil to Mr. McClellsn Por attending and stated he hoped he could have a meeting regarding the claesif3cation prolalem throughout the year with the City Manager, that,the City Council did not,-�eel qualified to eveluAte it and would depend on the City Manager to report his views. Mr. McClellan replied the.meeting would be arranged. BQARD OF APPEP,IS MEETING MINUTES� AUGUST 19, 1964: Mayor Nee annovnced for Council conaideration e requeet on a front yaxd setback requirement by Richard L. Billotte. The City Manager read the reco�ended approval oP the board of Appeala and atated all the nei�hbors were notified but none had sppeared to object to the waiver. A�drawing wae preeented Yor Council reviewal. Motion by Wright to concur with the reco�nendation of the noard of Appeale end grant the requeat for a variance Yrom Section 45.26 City Code oi Fxidley� Minneaota� 1964 by waiver of front yard setback re- quirement from 35 �eet to 31 feet to permit construction of an attached garage to exieting_atructure on Lot 19� Block 9� Christie Addition� Anoka County� Minnesota� seme being 572 - 63rd Avenue Northeast� request by Richard L, Billotte� 572 - 63rd Avenue Northeaet. Seconded by Kirkham. Upon a vnice vote� there being no naye� the motion carried unanimously. .� � 7 1 �� ,� u HPAItING ON A RER.II�ST FOR A VARIANC� FROM SECTION 45.994 CITY T. JOHN;ON - `['he Cit,y M¢nager explained to the City Council the request for a variance to set back a commercial building between the Standard Oil Stat3on and the Da�r,y G�ueen building and stated there were no objectore. A drawing was presented of the proposed.buildin� and it wae explained a petition had heen in recently from National Tea to vacate an easement but the representative had not returned with it. The size of the pmvposed biailding w�s piveiat 58 x 62 feet. Meyor Nee 3nquired how the Da3ry Rueen buildin� had built out of line with the other buildings. The Ci�,,y Manager replied they could have received a waiver. Mayor Nee as- serted he was fairly sure the Council would widen Miasissippi Street subetantiall,y and would need the pxogerty and would rather vacate; Tte City Manager explained that actually �khere are two buildinga in the area that are off the line, Councilman Wright inquired of Mr. Johnson� owner� if he planned to make rear access.del3veriea and wae told it could Ue done either way. Councilman Wright stated there were two gx'ades in the area and was Mr. Johttson going to split the difference on �rades. Mr. Sohneon replied there wae no problem� that he wae build- ing between the Dairy Queen and the filling atation and thie proposed huilding would be right in line with those Cwo buildinge. Mayur Nee asserted thi� would be out of line with the Shopping Center. Mr. Uohnson explained how his build3ng would be located and all its aspects and haw there would be no hardahip worked for anyone. There was a diacussian regarding the street right-of-way� ite vacation� location of buildinq and aetback and Mr. Johnaon stated he could not eee putting the build3ng back some 20 feet as suggeste$. t�otion b,y Kirkham to concur with the Board of Appeals� recommendation and grant the request for a variance and eetback from Section 45•39�+ City Code of Fridt�ey�h�nl�sota i963 by waiver of front yard require- ment from 80 feet� o�'b� ne up with building adjacent�,to permit construction oP a store on I.ot,2� Block 1� Sylvan Hille Plat 5� City of Pridley� County of Anoka, State,of Minnesota� eame being 300 Misaissippi Street Northeast {Request by Morgan E. Johnson - 1�40 Angelo Drive� Minneapolie 22� Minnesota. Seconded by Wright. Upon a voice vote� those voting aye� Kirkham� Wright. Those voting nay� Mayor Nee� The motion carried. . , P FRTTJI�Y SAFETY COMMITTPE ME�TING MINUTES, AUGUST 19, 1964: Ma,yor Nee announced for Council consideration the minutes of the Fridley Safety Committee Meeting held Auguet 19� i964. Mation by Wright to receive and file the minutes of the Fridley Safety Co�ittee meeting held August 19� 1964. Seconded by Kirkham, Upon a voice vote� t�iere being no nays� the motion carried unanimously. Mayor Nee stated there was one item he wished the Council to consider and that was the grade eeparation at Missiesippi Street regarding the merger of Northern Pacific and Great DTorthern Railroade and it would be a request to the Railroad and Warehouee Coa�ission. Motion by Wrtght that the City Council inatruct the City Manager to undertake negotiation and whatever ia required with the Railroad and Warehouse Co�riasion and the County of,�{noka with regard to the Grade Separation at Miseiseippi Street. Seconded by Kirkham. Upon a voice vote� there being no nays� the.motion carried unanimously. CqMMON�CATIONSt - CITY ATTORNEY: BIANCONI CONTRACT . �r,�� Mayor Nee announced a coimnunication from City Attorney Smii.h regarding a contract with the Biancoc�i Construction Compeny and a request frorn Mr, Carl A. Swenson� Attorney at Law� to discuss the matter witYi t,he City Council. Mr. Swenson was present and requested the�City Council reconsider the action against Bianconi Construction Company. He asserted the City Counc3l was aware of the facts of the matt.er� that the bid in question was put in in July oi 1962 and was i'or approx un�tely �41�000 and the next low bidder for the contract had been ak�out $G5�000. He explained Mr, Bianconi and his son had taken out the plans on i,his �ob and Mr. Bianconi had inspected the plans prior to the lettiiig� thaf. �,fter investigating thie thoroughiy he decided he would not bid the ,7ob and had told h3s son he should return the plana, it was further explained by Mr, Swenson� Mr, Bianconi's son�•Anthony� went ahead and made up a bid on hia own� signed hie iather's name and aubmitted the bid and i.he Council was aware of what had happened after that. Mr, Swenson stai,ed they were aeking the City Council to instruct their attorney not to proceed with thia action on the ground a grave injustice would be puL to Mr, Bianconi� that� iurther� by the price it was ind�cated an inexperienced person made up the bid. He further etated it had been his Pirm oginion all along that damages provided that liquidated dama�es of 5�p of the bzd would be exacted from the low bidder who would refuae not to enter into a contract and� in any event� the ma�cimum that would be agreed upon would be 5� of the bid or some $2,089.37. Mr. Sweneon aseerted i.hat in this type of construction a village should not exact liquidated dc�mages in a aituation where there is good faith shown� that where a City Council feels a contractor has exhibited bad faith they were well wii,hin their rights to go ahead and try and collect but in this situation� they would be doin� an injustice to Mr. Bianconi. It was expl�ined this is a hazardous bus�:aess to be in and it was understood the contract was re-let and for an even larger figure than originally� that Anthony Bianconi states he had no authority to submit the bid and the f'ather state� he gave no permission and there would be no bid in tha.s type of consideration. Mayor Nee inquired if the son were an off�cer of the company, Mr. Sweneon replied he wae not� that it was a sole proprietorship. Councilnien Wright inquired if the eon were any employeesif the owner�could bring criminal action against him. Mr. Swenson replied he would rather not comment on the queetion. City Attorney Smith explained to theCity Councilr at i,heir suggestion� he had etarted action on the ceae� that ii, was one which he had inherited as he was not City Attorney at the time this bid in queetion took place. He further explained he had received some files irom i:he Cii,y C1erk who had been carrying this item on the bboka and 3t needed some conclus3on, It was stated by City Attorney Smihh he did sgree with Mr. Swenson they were limited to 5�, of the bid bond because their proposal stated this and knew that he did some negotiating with the former City Attorney but nothing had been done� that the papers that were turned over to him � indicated tha,t the fact the son eigned the papers was not presented to the engineer or to the City in the earliest stagea, He further stated the engineer's report indicated that in his report to the City Council that Mr. Bianconi suggested they not take the bid because l�e was a small contractor and had machines only f'or a limited number of �obs and he had been second bidder on a job in New Brighton. City Attorney Smith explained if there was fcrgery� this might have been something to preaent to the City Council at thst time� that there were other factors preaented and considered by the conaulting engineer; �hat the bond was a •corporate bond and it was maybe forged or signed without auttiority� yei, it was notarized by an executive of the insurance company. tIe stated from the standpoint of the City there was aholding out by this company� that these papera were correct and the bond was paid and sworn to by a notary� and there was the additional fact the bid wasn't let ta the second bidder and was readvertised. City Attorney Smith asserted he did not know wk�ether or not the projeat was changed before the reietting of the contract. Mr, Swenson auggested at could uery we11 be Mr. Sianconi wisk�ed to spare hia son this great embarrassment on the matter of the bidders bonds� tha� they do get many bidders bonds because they are taking out many plans but don't always bid jobs on which they take plane. He atated the fact 1:� 4 that the bidders bond was submitted was not necessarily conclusive �hat the son could bid this. Mayor Nee asserted it seemed the £ather might have r3, cau3e of action agains# his son. Mr. Swenson replied it was normul that sons do want to go ahead and dd thinga on their own. City Attorney Smith explained the bonding company was� of course� liable� that the Bond in a situation like this isn't, like an insurance pol3cy and if the bonding company patd� Mr. Bianconi would have to reimburse them. Mayor Nee stated they could aqree on the figure of :�2�089,37 and Mr. Sweneon might want to consider this fi�ire� i.hat they could not accept the reaponsibility to get involved in the pereonal problems of anyone and it,had been submitted to i,he City Council correctly as far as they could tell and were obligal.ed to go for the damages, Mr, Swenson replied they did appreciate the opportunity of ineeting wii,h the City Council and would be conferring with the C)ty Attorney in this regard. . FATHPR I�'Ei'E: COUNCIL ACTION ON TAVLRN Mayor Nee announced for Council consideration a communication from Father Keefe of the Church of St. Williams. . Moi,ion by Kirkham to receive and file the commun3cation from Father Keefe of the Church of St. William. Seconded by Wright, Upon a voice vote� there Ueinp no nays� the motion carried unanimously, LEAGUE OF WOMEN VOTERS: R�GISTRATION Mayor Nee announced for council consideratjon a co�¢nunication f�om the Isr3�;ue of 4Jomen Votera re�ardin� the registration of votere. Councilman Kirkham stated the idea of a car for registrat3on� eepecially where it can be of a great service to the community in order to get people to register was good but he was hesitant to have a wagon going around �,he communii,,y, that people should real3ze the responeibility they have in votang and see to it they are regiatered at the proper places for such, Councilman Wright replied he agreed,with Councilman Kirkham tl�at they �lid want the registering of voters to be done with dignity and ]e�a11y but on i.he other hadd he did not think they should make it hard for the people to register and this was legal and in no way Snfluences how they wte or whether they vote as it simply makea it possible, Councilman Kirkham asserted he was not queationing the legality at a11 r�s the people handling the registration would be deputized. The City Clerk explained there would be a signed oath by each pereon that they would have and he had checked with the 0ounty Attorney on this matter and he had referred him to an Attorney General's Opinion that said it was legal if theae people registered voters at designated places at certain times, Mayor Nee asserted the shopping center place was good� tha� in Minneapolis,and St. Paul they use fire stations for this purpose. Councilman Wright stated it also served the purpose of getting every re- sident tn the city registered as a voter. Motion by Wright that the"City Council go on record as approving the propasal of the League of Women Voters to conduct a Voter Registrat3on Campaign in the City of Fridley. Councilman Kirkham steted this would be assuming they would follow the recommendations of the Attomey General that it be done at designated specific areas. Seconded hy Kirkhem. Upon a voice vote� there being no nays� the moiion carried unanimous�y. CHAM6FR OF COMMERCG: N�W CITY HALL Mayor Nee �nnounced for Counci]. conaideration a cort�unication from the Prid]ey Chamber of Cotmnerce re�arding the new City Hall. Mqtion by Wrjght to receive �.nd file the communication from the Fridley Ch�mber of Commerce regardin� �,he new City Hall. Seconded by K3rkham. Upon a voice vote�there being no nays� the motion carried unanimously. MUNICIPAL L�AGUE: ANPIiJAL DULS Mayor Nee announced a coimnunication for Council consideration Pioro i,he League'oY j4innesota Municipalities ior memUer�hip dues in the amount of $516.00 and a reco�endation by the C3ty r�anager to corii.inue the membership, Counci7man Wri�ht inquired iP tl�e �ee had changed �nd was told it had, ' - Motion by Wright that the Cii,y Council c�,pprove the request Lo p�i,y i,he membership fee to the LeaE;ue of Minnesota Mun�•ci,palities in i,t�e amount of $516.00. Seconded by Kirkham. Upon r� voice vote� i.hex•e Leiii� no nays� the motion carried unanimously, CiPY CLERK: �LECTION JUDGES Mayor Nee announced a memo from the City Clerk concerning tlie compens�tion ior judgea o£ each precinct, It was explained that at thc• pres�ni, Lime all judges now get �1.50 per hour and it is sug�;ested the chaarman Ue compensated at $1.75 or �2,00 per hour. Motion by Kirkham to authorize payment of the precinct chaisrn_�u �zl, t�,2,00 per hour �'or elections, Seconded by Wri�;Y�t. Upon a voice voLe, tit��re being no r�ays� the motaon carried un�nimously. ESTSMATLS: Motion by F)right to approve bhe =ollolrinr,� �s tim� i.es: Display Fixtures� Inc., 189 East Kello�g Boulevard St. Paula Minnesota 55]O1 P'ridley Municipal Lir�uor Store - jf14 � Iiolly Center - (Pinal Pstimate) Base Bid Less 10`�0 Add: Ta�s & Signs Faneling & Mirror Tape� Dispenser� Sign Door� Desk Top Fixture Specifications Bergerson - Cas4re11� Inc, 13120 Wayzata Boulevard Minnetonka� Minnesota 553Z13 �� B3.lo 151.00 1�4.30 7 94.00 699.50. .. 1,171.90 TOTf�L: �stimate f�2 (Partial} Water Improvement Pro�ect No. 3�E-R (Pumping �quipment - Exi�ting Wel].s 2, 3, 4, &5) ;� 13 � 9�(1. 00 7 '399.00� .,�_2, 5�1. o0 _$ 1117] ,��� _ �i3,�� . �1ri t�S 3,7�';,�i� Seconded by Kirlcham. Upon � voice vote� therc Uetn� no nny:a� Llio mol.Iou carried una,nimously. DRAINAUT RCPORT - BAKER 8: WIs57' MOORL, LAF�� D1;IVI; Mayor Nee announced a letLer from the Churcli oP St. Philip ltegardln�; s1,oi�rn drainage and a repoxt from D7r. Comstocb_� consultin� en�inPLr, `1'lie Cit;� �, �. � y cJ �fJ� P4anra��r�r s'Inl,c�d there was r� Eumniary oF various costs preEented and t�he ��i;n��i,ion noa �s to dntex�ninc wh�t steps l;hey wdshed L-o �ake and Fuid onL z�tiat i.he i,ime element would be� that there would also have to Uc somr ��„e�smenL-s. Mayor Plee inquired oi' Mr. Virgil 2Ierricic� repre- �cni�ng Lli� r]narch� if the C�1,y Council ❑�,>reed to their suggeetions �P Llu�y coul�� f;eL a ri�;hL-oF-o�ay frec, Mr. FIerrick replied.he was not aut,l,or�sed f,�� off9cially apealc i'or the church and hadn't seen the repori, biii� ha�l 1,�]]ced to the P�n�ineer on 1.he phone. He stated the Engineer had indicaL�ad Lhe UesL- lon�; ran� solution would be the 8rainage along Moorr, Lake Ib�ive ini:o thc conduit on II3�hw�y �f65 Uut there was some question �f {}�� lii�?Yi��a,y DeparLment woii].d perm3l; {,hat at this time. He i'urther s Lrn,ed Ll���y woulrl i,alie c•are o£ i.heir own drainage� by sloping the land no i1 wuul� ;lope lnto Lhc lalce and i;here uou.ld be no need for the culver{, in q�i�r,L�i�u Uut if 1;h5_s tias not possib].c 3{; was a general feeling their sc�oii�l c)i�ice would be a closed culvert acros� the front along Moore I,alie and open �l�tr.h along the 13ne T�etween St. Philip's Church and Don u�vel}.oii]'s property would be used for buildin� or parkin� and it was pre- sumc�cl i,l�;�t if there is an equitable !iistribution of the assessment the church woul d cr» itr ibute the ri�ht-oF-way. Mayor PTee asserted thai, what Mr. Herrick w�s s:�,y�nrT w��s the city could build an open ditch and inquired ii this was oii thc laoimdary line. D4r. Comstock� consulting engineer� e�lained t�ey k�acl euR,;�>ted that the ditch or conduit be lpcated on the church property. D'Ir. Ilerri dc replicd he {,liought this might be acceptable. Mr. Comstock expl.ainod if a dihch section were used� it sliould also tae the church property b�r_�uec� Lkiits was an AiSAS Road and iti would be difficult to construct i,he ro�d U�zi� it could be a combination oF rlght-of-way and church property. D4r. Crnn,tocl; sLated there would be one exceptaon because there was an area 1.haL l�ad no outlet and explained how tliis could be done, Iie further st�i,eil ii; appra,red to them thai, the drainage for the area had been �.nd is presently (.o Moore Lake Uut there waa a drainage way to the North and to Llic "ou �h and the water t.here had about doubled., It was explained 1,here are prcecnt]y three line� that clischarge water either under or to the pro- p��°ty in nuee�.ion and go on the surface to 4Test Moore Lake Dxive and i.he quest, i nn of tkie estaUl.isl�ment of legal drayns was still unresolved. M7•. Comstork stated the r.ulveri; in the area was constructed at the time it was deve]c�nr_,Q on Tdest b"oore Lake Drive and this would have to be resolved, C i 7•ct. M�yor ilee iriquired ii' there waU a land ali,eration permit appl3ed for 6y i.hr cliurch. Mr. Herrick replied there was not� that they had been fi]_ling iL uP ;�1owLy. A discussion peraod £ollowed in which the storm sewex drain��*e �n Lhe area was discussed, Mr. Comstocic stated the solution px�opo�ed ��a:m't an ideal snlul;9on Uut the one was feasibl�rand there was a fairly large drainage area, Cit�r Attorne,y Smith 3nquired if Mr. Herricic c7_aimed they hnd done nnything to change the naturel flow of i�ater. T�ti•, iierricic replied he was .sure t,hcy had done things to change b� tl�c puLt�ng in of roadr�� et,c, but whether they had done anythin� that they could be lc��all,y he.ld to� he did not know. St was explained there are culveri,s pnl, in wi{,hout any draina�e as�essment across th3s property. C�ty At,i,ot•nE�y Smith explained L-he water always flowed there before so it had Ucen centralized. Mayor Nee inquired who was doing tkte excavating �nd w�s thai, person licensed in Fridley. P9x'. Herrick replied they had hce�i gei,t�n�; i'ill from h�.ghy»y contractors and anybody that had clean Pil7. for thc past tive or cix years. Councilman Wright asgerted by raising LhiU fill t}iey were interterring with the naLural drainage. hLr. �ase� precident oi' St. Phil�p's Lutheran Church� replied they were not� Mayor Nee si.;�ted �t �2�s his opinion they certainly ought to be able to get to�ether. The City Planager stated he had always been told that when you interrupted dra�n�,qe ,yoii were supposed to provide access for your property. Mr. 1lerric}; rrplied his undersLand�n� was that a person or church was allowed to ma'_.e u�e of his propert,y. D7ayor Nee repeated his quest3on concerning a lirensed oxcavator worl:ing on the proper�y and was told by Mr. ilcrricl: t,he,y did not know -iF there was licensed excavator working. Mr. Ilerricic �i�scrLed lte did not thinit the church should stand the entire cost ot i,he si,orm se��er because there are other propertiea draining into it. The CitY D1�nager inquired if Mr. Herriclt and Mr. Ease would care to havo a mec•tzng with the consulting engineers and discuss the entire ma LLcr. � i�r Motion by Wright to receive and file the co�unication from St. Philip's Church regarding dra.inage. Seconded by.Kirkham. Upon a vo3ce vote� there being no nays, the motion carried unanimously. CONSIDERATION OF COST-SHARING WITH MIIQNESOTA HIGHWAY,DEPARTMENT T. H. #�7: Mayor Nee announced for Council approvsl prAposals from the State of Minnesota Highway Department regarding coet-eharing for project�r for the completion�of Miesissippi Street to Rice Creek and a propoeal for curb and gutter� that these items are required before the State can let the contract for conatruction North oi Miseiasippi Street, The City Manager explained that� baeically� �hat the negotiation with the State came down to *aas $10�031.00 Por Fridley� that on the additional eheet the proposal would be to have the City Council accept this as auch and they would suggest it be redeeigned and the citg would pay the $ifference. Tt was further explained tkle City Engineer had now totaled thie up and it wae approximately $25�560.00 which waa e little over what they had planned. The City Manager etated�'if the City Council wiahed� City Engineer Qureshi could explaine the redesigning and putting the sump in at a later time. It wae stated another letter includes concrete curb and gutter at $7,665.00 and the tote,l coet of the project would be an estimated $�+5�625.00. iGhe City Manager etated the engiaeera had done an excellent job in Y'8neg8tjating with the State and baeically the City Covncil would be agreeing to bear the cost oY.the city'e ehare of the curb and gutter Por �7,665.00 and the city�a ehare of atorm aever at approximately $10,000.04 It was explained tt�at ae for the curla and gutter and storm sewer mentioned the city ehould be ready to execute thattpart of the proposal. Mayor Nee etated the concTete curb and gutter wae located in auch a way it should be asseaeed and inquired if it would be on one side of the road. City Engineer Qureehi explained the curb� which was abutting i.he city property on both eides� that old Univeraity would become a Yronting road on;the Eaet eide and the curb pnly of the East side would be aseesaed, City Engineer Qureshi explained the aesesamente on the pro,7ect. Councilman Wright saeerted the sump in guestion took on the proportions of a lelce the last week, The City Manager replied there wasabout ten feet oi water in the area mentioned. City Attarney Smith inquired if they didn't %reat thie area separately� could they juatify there was a benePit to the other e,reas and was told they could not, City qttorney Smith etated then� they could not think oY doing it. City Engineer Qureahi explained that in the beginning there were many feet which the State wanted the city to relocate� and now the only thing they had to do was one sanitary sewer line. The City Me.nager explained what the engineere were asking were �he two approvals, tha approval of the city's and etate'e participating end the going ahead with the preliminary reports. He iurther explained they xished to have authorization to signe the agreement with the State and approval to proceed with the rest of Plan A and the balance of legal steps to be telcen, City Engineer Qureahi etated the Dity Council could agree and direct them to co�unicate with the State so they could get the agreementa. It vas explgined this was all necessary so the agreemettt could be aigned and ii the State ia basically close to these two figuree the Mayor �nd City Manager should be able to eign them, City Attqrney 3mith inquired ii the State would accept thie i� it was a tenrfSAis�,fie agreement, _The City Manager replied. they could ask, City Attorney Smith seserted they mo�uld get everything done before the opening of the bide. SChe City Manager replied the State would have to have sll this approved before they could advertiae for bids for the road letting and in order Yor them to advertise b� September 15th, they have to know theae a- greements are executed. City Attorney Smtt� nsserted the State also knew the City of Fridley couldn't move until they had gone through the final procedurea. It wae e�cplained by the City Manager the State of Minnesota had moved the bid letting up at the request of the City of Fridley and ita conven3ence� that Fridley wae the one urging the speed and they would eimply move the3r letting date ahead. City Engineer Qureahi further explained the State was not anxioue to let the contract and� even now� they don't ✓seeme to be too anxious and if there ie any delay on the part of Fridley� the State might a��o delay. 13� Motion by Wright that the Mayor and City Manager be authorized to enter int'o a cost sharing agreement with the State of Minneeota� Department of xighways Re: S.P. 0205.�15 (T.H. 47) 57th Avenue Northeast to �+00 feet N, of the South Corporste I.imitsaP Blaine in the ampunt of approaima.tely $7,665.00; S.P. 0205-12 (T.H, 47) Miseissippi Street to Rice Creek� proposed Cooperative Storm Sewer and curh and gutter� in the amount of appro�cimately $31�979.00 and storm aewer on Univereity Avenue to Rice Creek. Seconded hy Kirkham, Upon a voice vote� there being no nays� the motion carried unanimously, �, The City Manager e�cplained to the City Counc3l they should also have a motion �o proceed with the neceasary legal stepa Yor draining t�he aump -- and relocatin� aewers� manholeey etc. City Attorney Smith-inquired iY the City Manager was asking for just a hearing or p].e.na� ahd w$e told part of it would not have to be done� that he wae certain they wou],d li,ke to get this project out of the way this isll and ii it trere authorized� it could be taken care of at the next regular meeting, Gity Engineer Qureehi ex- plained what they wanted was autbarization for the Yinal. plans� that they would like to haue the job done before wittter aeta in. A Discueaion v[as held with City Attorney Smith on how the proceduree could he handled. Motion by Wright to authorize the City Manager to take the neceesery legal stepa to have a resolution prepared for the City Council at�the next meeting calling a public hearing on the etorm sewer on Univereit� Avenue �m Rice Creek� concrete curb and gutter regarding lacation oY eanitary sewer and man hole� construction� etc. Seconded by Kirkham. Upon-a voice vote� there being no nays� the motion carried unanimously. ' NORTH SUBURBAN SANITARY SEWER DISTRICT PERhffT REQUE3T: Mayor Nee announced for Council consideration and approval the permit to cross Osborne Roady east of the Great Northern-Northern Pacific tracke by the North Suburban Sanitary Sewer D3etrict and Eaet River Roed� from -south side of T.H. 100 to a pod,nt oppoeite 48th Avenue Northeaet. Motion by Wright that the request of the North Snburban Sanitary Dietrict to cross Osborne Road� east of the Great Northern-Northern`PaciYic tracks he allowed and given the approval of the City Council. Seconded by Kirkham, Upon � voice vote� there being no nays� the��otion carried unanimously. , Motion by K3rkham to approve the permit.request by the North 3uburban Sanitary District to croes L'ast River Road� from south side oY T. H. 100 to a point opposite 48th.Avenue Northeset� Seconded by Wright. Upon a voicc vote� there being no nayea the motion carried�unanimouily. TRAILER PERMIT: Mayor Nee announced for Council consideration an application for a permit to park a home trailer by Harold L. Miller. Mot3on by Wright to approve the application and gi�ant the permit to park a home trailer to Harold L. Miller of 71+50 Stinaon Boplevard, Mipneapolia 32� Minnesota. Seconded by Kirkham. Upon a voice'vote� there being no nays� the motion carried unanimously. , PAYMENT FQII2 F.AS�MENT ( 52ND AVENUE NORTf�'�AST) : , , Mayor Nee announced for the consideration of the City Council the payment of an easement to Robert Hall Clothea Store in the amount of $3,950.00, The City Manager explained he had not been present on Jun� 15th when the City Council was given the figure of.$3,950.00 but after co�unicating with the firm of Robert Hall Clothes they had accepted the oPfer and he was now asking for euthorization for this to be paid. Motion b,y Wri�ht to authorize the City Manager to pay Robert Ha11 Clothes� 333 West 34th Street� New York� New York the sum of $3,95a.00 ior the easment needed by the City of Fridley to construct 52nd Avenue Northeast. Seconded by Kirkham. Upon a voice vote� there being no naye� the motion carried unanimouely. � , ) :� RESOLUTION #171-196k REQUESTING MSA FUNDS - SS #5A: � � Mayor Nee announced Yor Council consideration a resoTution requesting M.S.A. Funda, The City Manager explained the manner'in which the doll.ara for the appropriation had been arrived at and stated they were suggesting the amoRnt of $86�474.97 was what the State woul.d let the City of Fridley have on thia paxlticular project. Mayor N�e inquired if what they might recover on asseesmenta could be used up and was told thie was tnue, It was explained by the City Manager the $15�000.00 £igure referred to was the total amount fvom other projecte and it was estimated at $105�000.00. C3ty Engineer Qureahi explained when they had drawn up the cost estimate on Project #5A they eetimated £hey would lose some State Aid but they anticipated they could pick �p another �20,000 on Projecte 573 & C and evenistially the city would be able to get more than $90�000.00. The City Manager e�cplained if the City Council wanted to use that figure they could note they estimated thzough 1965 �353�692.00 for allotments� then iY they would take the chart they had been given on State Aid Receivable and drop $105�000 Yor the South part oY �100 they would get that $105�000.00 fsmm the Accounte Receivable and could get down to thia point and would have a.vailable $k56,000.00, He further explained the City would soon have to juetify some prioritiee and� at that time, they cauld make a determination. Mayor Nee asaerted he felt the City dhould ].ay claim to everything they had,a proper c]aim to. ' Motion by Wright to adopt Reaolution #171-1964 appropriating Municipal State�P,id Funds to Project No. SS 5-A in the amount of $86�474.97. Seconded Ny Kiikham. Upon a voice vote� there being no nays� the motion carried unapimously. RESOLUTION #572-196�F ORDERING PREPARATION OF ASSESSMENT ROLL - ST. 1963-1: 2layor Nee announced Pa�Council consideration a resolution ordering the - preparation of Aesessment Roll Por Stse�t Improvement Project No. 1963-1. The Finance Director explained to the City Council there was one point and that was some�storm eewer work 8one under this etreet project in Shafer's Addition and also some work done the year previoue in theShafer Addition� that the coet on the 1962 etreet project had been transferred to etorm sewer Fro,�ect #53 before� the purpoee being that all of the people in Shafer�e Addition would be assesaed at the same rate. He further explained the hearing on SS 53 had been held up laet year Yor that reaaon so that these coate could be combined and a uniform asaessment made. Motion by Wright to adopt Resolution #172-1964 directing preparation of Asseasment Roll ior Street Improvement Project No, 1963-1. Seconded by Kirkhe.m. Upon a voice vote, there being no nays� the motion carried unanimouely. Councilme.n Kirkham inguired if this item had anything to do w3�h an area developed by Mr. Mike Hafner and was told it did not� that that hearing would`be coming up the foll�wing week. RESOLiP1.'ION #173:i1964 APPROVING ASSESSMENT ROLL AND ORDERING ID'sAR7SdG - ST, �n v_�. Mayor Nee announced Por Conncil consideration a resolution approving Aaeessment Roll and ordering Street �mprovement Project No. 1963-1, Motion by Wr�ght to adopt Resolution �173-1964 directing publication of hearing on propoaed Aeseesment Roll for Street Tmprovement Froject No. 1963-1. Seconded by Kirkha,m. Upon a voice vote� there being no nays� the motion carried unanimously. RESOLUTION � R� ORDLRING BIDS Mayor Nee announced a resolution for Cduncil coneideration approving plans and epecificationeasnd ordering bids for Project SS 5B, The C3ty Nlanager explained to the City Council they had had to advertiae in advance and this would be East of Univeraity and North of Highway #100 and did take care of 7th Street, i �-10 Motion hy Wriglrt to adopt Resolution #174-i96�+ appro+raing plans and epeci- ficatlons and ordering advertisement for bidd� Project No, SS 5B. Seconded by Klrkham, Upon a voice vote� there being no nays� the motion carried unanimously. RPSOLUTION �175-1964 ORDERING CONDEMPIATION FOR CERTAIN'EASEMENPS; Mayor'Nee announced for the consideration oi the City Council a resolution orderin� candemnation of certain easements. The City Manager explained �theae were ea�ements between 71et and 73rd Avenues on the East aide of L'ast ftiver Road and ii was for Pro�ect No. 67� end were eaeements they were unahle to obtain. Motion by Wright to adopt Resolut3on #17,�-196�F ordering Condemenation for Easements for Sewer and Water Utility Purpoaes. Seconded by Kirkham. Upon a voice vote� there being na nays�'the motion carried unanimously. RESOLUI'70N �176-1964 ORD�RING PREPARATION OF ASSESSMENT ROLL - SS #53• Mayor Nee announced a reaolution for Council conaideration ordering pxeparation of Asaessment Roll for ss #53• �'he Finance Dixector explained to tl�e City Council they had eame of the past'minutea on Shafer's Addition and Polk Street� �hat both were advertiaed but they didn't adopt the roll because they wanted to combine the work done and it wae felt the city could get together eith Lyndale Suil$ere o�i their problem. Th� Ci�y Me:nager stated if the roll went through this xay Lyndale Buj.lders would pay $400.00 for the eeparate drainage field of the City Council wqul� waive the park. Mayor Nee replied the thought that occursed to him was they had been trying to adjust the level on Po1k Street. The Finance Director replied they had�an asseasment for e pipe going down to Moore Lake and thia wae only approximately 150 feet of line. Motion by Wright to adopt Resolution #176-1964 directing pxeparation of Assessment Roll for Storm Sewer Improvement Project No. 53. Seconded hy Kirkham. Upon e voice vote� there being no nays� the motion cexried unanimously. SS Mayor Nee announced for Council cansideration a resolution approvin� Assessment Roll and Ordering Hearing on Storm Sexer Pro�ect #53• Motion by Wr�.ght to adopt Resolution #177-1964 directing publication of Hes�ring on proposed Aeaessment Roll for Storm Sewer Improvement Project No. 53. Seconded by Kirkham. Upon a vo�ce vote� there being no nays� the motion carried unanimously, OTfi�R BUSINESS: Mayor Nee atated he wished to bring to the floor the item Councilman Johanson had thought they shauld consider� that being the City should go completely ?or concrete burb and gutter. Mayor Nee iurther stated that after looking at the different atreeta� he agreed with him�that the3r e�cperience had been that the residents� in talking for themselvea want the concrete curb and gutter� but �then there is a developer he wante aephalt curb and gutter. fIe explained it had been Councilman Sohansdn's wieh they rule out �he asphalt cu�b and gutter and present only'the option of concrete curb and gutter, Mayor Nee atated if thia met with the agreement of theCity Council the Administration could draw such a resolution for their �.pproval but it ahould be returned to the Council floor iormally� City ngineer Rureshi asserted that� this year, all the streets the City is putting in have concrete curb and gutter. 1 `� � Mr. Howard Neleon� owner oi Howie's Tavern� appeared before the �ity Counc3l and stated he wiahed to know iP it w0uld be permiasible to the City Council to relocate hie place of bueinees in Rice Plaza 5hopping Center where the TV Center is now located. Counci],msn ICirkham replied he would have no ob- jection whstever. Councilman Wright aseerted he wished to call Council attention that one of the first alternatives was the poasibil3ty of locating 3nRice Creek Plaza� that he had raised the queation and they etated they would have nn objection. Councllman Wright inquired when Mr, I3elson would be able to open at the new location and wse told Mr. Nelson hsd been told it would be ready by the firat oP Novembex. Mayor Nee stated the City Council had an obligation. Councilman Kirkham etated as far ae its pro�cimity to the neareat church the tavern wouldn't be any c].oser than it is now. CouacilmansWright saserted that� st this poinb� he would vote in favor of it. Mr. Germundeon wae preeent and stated he wished to go on record as wanting to iind out if there would be we,ter and sewer on 69th Avenue this year, hEeyor Nee replied they had received��a preliminary report on it and it wou7d be foll,y to s&y they could get aervices until all procedures would be completed.. The City Manager statad they could attempt to have the matter on the agendaafor the 8th of September. Mayor Nee explained that regarding the question of whether the residents wou].d have these services this year wea unlikely but in a desparate aituation they could help the residents. Mr. Comstock� consulti,ng engineer� explained there were some far reachin� conaideratione for the City Council to consider and� at the present time� there ie not one psrticular plan to be considered. The City Mansger explained theve were' three aolutione.to the problem and the Gity Council would have to�study the report but whether or nbt they could meet between now end the Sth oi 5eptember� he did not know but ae sonn as they could the matter would be etud�ed. Mayor Nee stated it was e very e�cpeneive project and involved a great area �nd if there wae something the City �otu'�dido to help alleviate any problems now present� they waul.d attempt to do that. ' - ^____ _____ lIDJOiJRN: The7ce being no ftiu�ther buainese Mayor Nee declsred the Special Council Meeting of Auguat 31� ],964 adjourned. Reapectfv]1y aubmitted� �/ ue Miekowic� Secretsry ���� illiam S. Nee yor