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09/08/1964 - 000225491 Ll � l REGUT.�.It COiINCIL MC;ETING� SEPTEMBER 8� i964 � A regular meeting of the Council of the City of Fridley was called to order by Mayor Nee at 8:26 P.M. . ROLL CALL Members Present: Nee� Johanaon� Kirkham� Sheridan� Wright Members Absent: Noae ,APPROVAL OF MIIJUTES - REGULAR MEETING, AUUUST 17� 1964: Motion by Johaneon to approve the minutes o? the Regular meeting of ;A�gust 17� 1964 as prepared and received. Seconded 6y Kirkham., Upon a voice vote, there being no nays� the motion carried unanimouely.� APPROVAL OF MINUTES - SPECIAL MEETING, AUGUST 31, 196�+: Motion by Wri�ht to approve the minutes of the �pecial Meeting oY Auguat 31� 1964 ae prepared and received. Seconded by Johaneon+; Upnn a voice vote there being no nays� the motion carried unanimously. PUBLIC HEARINCS: PUBLIC HEARING ON ASSESSMENT ROLL - ST. ,�962-i+: Mayor Nee announced a public hearing of asaesamente for etreet Improvement Project Ato. 1962-4. The City Manager read the Notice of Hearing. Washin�ton and Jefferson Street Noztheast _ Mayor Nee announced the City Council'had before them the Aseesement Roll in which it recapitulated each project and the cost per ioot� etc� that the first item to be considered was that of Lyndale Bu3lders-and the front foot asseaement was proposed at $2,50 per front ioot. It wae inquired of the Finance Director if there were money in eacrow for thia part of the project, The Finance Director located the area on the map for those present and stated that all the property in que�tion in the addition had money in escrow. Mayor Nee inquired if he knew that the money was sufficient. The Finance Director replied that it wae. Mayor Nee inquired if there were anyone present who wiehed to be heard regarding this asaessment on Washington and Jefferson Streeta or anyone that zras concerned with the assessment proposed, There wae no one present in opposition to or in favor of the pvoposed assessment, Mayor Nee stated the minutes would show there were no objectors or queatione on Washington 58th Avenue from 7th to Washington. 58th Avenue - S3de Street The F3nance ➢3rector explained thie item also concerned another area of Lyndale Buildere Addition and explained the area on the map of which the proposed assessments would be $1.09 per front Poot. Mayor Nee inquired if there were anyone involved who wished to know their aseesementa. There was no one present in favor oP or in opposition and no objectore or queations on the 3tem, 73rd Avenue - Univerait Avenue to Able Street ayor Nee stated that regarding 73rd Avenue there were some questions in the minds of aome of the reaidents� that everyone had recelved not3ce and the proposed asseasment was $1.08 per foot. Tkje Finance Director explained the area to be asaesaed on the map and the proposed method of charging assessments. It was explained the proposed method would be to charge half of the coat of e residential type etreet to the area to the North. ��-�� Mayor Nee atated it was their understanding the developer intended to pay the assesements. The que�tion was raised who had paid Por the half of the aeseaementa that we.e nat aeseesed againat the property owners. Mayor Nee replied the etreet that it will iinally be developed will be a rather wide street ,juet to the South of the atreet that is,now paved� that the ci��F would pay the balance which ia quite substantial and that will be paid out oY M.S,A. Funds, He explained the policy on a etreet that goes down the aide of eomeone's property is to assese it back up a little ways _ and thie ie the general pol,icy that applies. The Finance Director further •explained the„blocke in this particular street were not normsl blocka. Mayor Nee etated that he was not certain ii the developer was obligated to pay thie aeseesment but he had indic�ted that he would. Mr. Mike HeYner� developer� wae present snd stated this.wae what he was present for� to tell everybody they did not have to pay the asseasment, that he had told tHe Finance Director� Mr. Brunaell� that y�.thin 30 days it would be paid and would not be on any tax bill. The question was raised why thie money ior these la�s wasn't put in eacrow to begin with, Mayor Nee replied he did not know. The Finance Director replied one reaeon was that it wae developed before 73rd Avenue was conetructed. Meyor Nee Yurther explained theb at the time the plat was Yiled for the area 73rd Avenue waa not planned im the way it was presently planned� that normally this is done as a condition of filing a plat bnt it was not on the plat in this kind of a atreet. Councilman Sheridan etated that� as he recalled� at the time o� the platting eubaequent to the induatrial deeigned etreet that is now.proposed� the developer had agreed'to put in a etreet within his plat but becsuee of the induetrial property to the South� 73rd was to be an industrial etrebt 66 feet wide, He iurther stated it wae not felt they would want to have the residentisl area opened up to an industrial atreet soa at that ttme� the City Council set the policy when the induatrial street and aervice drive went in ha1P of the service drive would be charged to the propertiea to the North. It wae expla3ned half of the induetriel etreet would be charg�d to the induetrial properties to the South and the balance which ie not assessed to either would be then taken out of M.S.A. - Funda� that as Yer ae the City wae concerned� once this has been put 3n� hearinga had to be held and thia was chargeable to a certain number of lote. Councilman Sheridan atated Mr. Hafner wae s developer of hie word and 3t wae in the agreemente oY the property ownera that the asseesments were in and paid for and Mr. Hafner etated thia would be taken care of but the publlc hearing was a procedure which the City Council had to follow. The quagtion wae raiaed 1Y the unplatted lots would have to pay their share of the assesements and it was replied they would on a front Yoot 6asie. Mr, Don 5tarkey oY 7330 Melody Drive wae present and atsted �e he under- stood thia e1tUa,tion� the aervice road wae a 24 foot etreet and the assese- ment vas baeed on e 31 foot etreet. Mayor Nee replied the entire street would be more then the aervice road and the dev�loper made a commitment to inaule,te the plat by a service road� that in doing that this deniee the city acceas to the aeseeible area that would help carry the load on the atreet� so they were combined into one unit and the residente would be paying aome amell part oi the etrip or the developer would be. Mayor Nee inquired if there were anyone in Melody Manor which is now being proposed at $1.08 per foot� that would like to have th� pro�oeed assese- ment on their property,information on the assumptian the money was in escrow. Mr.R. T. Wienert� 7311 Lyric Lane stated they had ,7ust been having oral conversation and inquired what aeaurance they had that Mr, Hafner would take care of thie asseasment� thst even though he was a raan of his qo�d they needed some kind of eaeurance, Mr. Hsfher reyl�ed they had over ��000.00 in eecrow againet lota thet weren't eve,n asseseed and this had happened before he had comef and would pay the amount in fu11 in two days ii he had to. Mayor Nee stated that as Yar sa the City wae concerned in procedure� thie assessment they were propoaed to file ie againet the property individue]1y and the lots ea described and it appears that money was not placed in escrow in thie etreet,as a condition £or filing the plat and he could not explain why. He further etated the beat thing at this time wovld be to take the developer at hie word, Another resident re.ised the queetion if there waen't something the city could do, Council- man Wright replied that would amount to the city's entering into an °agreement with Mr. Hafner on the resident's lote. It was stated the city was coming into the agreement� that it was the problem ��: the City and it ahould be etraightened out, Councilman Johsnaon. explained thie assesament 1 �� ��� roll didn't have to be certified before October lOth to the County and that would give the City more than a month before it could 6e sent to the County and plentiy of tiL�e for Mr. Hafner to pay the money to the City, The queation was raised if it wouldn't be wiaer to wait on thie asAesament, Mayor Nee replied if Mr. Aafner didn't pay the aseesementa� they would be spread, p reaident stated that last year he had attended a a3milar meeting dnd asked why �hey were being assesaed for streeta in and paid for� that they had been told it was taken care oY and now they were legslly bound to an asaenement. Mayor Nee replied the assessment would be apread againe� ,�he properties if Mr, Hafner dddn't pick ppithe aeaeeament that there - was no money in escrow. , A diacusaion was held regarding methods oY sesessing for stxeet improvements. It wae stated.by a reaident if thie method wae tx�ue it was not a fair way� that the length'oY theeesetreets vary and the number of lote vary and there should 6e a much more just way of d3stributing this asaesement if they were asseaeed, A resident stated the C3ty Council had an antiquated formula of asaeeaing housea. The Finance Director explained assesementa� the actual�rate of assessment and how these ratee are arrived at and stated the City Co�ncil could if they wanted to epread it all the way up the block. Another reaident raiaed the queetion of the curve in the propoeed. � road and furtherestated itdidn't go even as Yar se Central Avenue. TheCity Manager explained there was a plan to make thie a State Aid Rorzd from Univeraity to Central Avenue and the eubdivider d3dn't want the traffic running through that subdivision and it had taken four or five plane to get State Highway Department approval of this plan which Wna the o�ly one of ite kind 3n Fridley and it had taken a lot of selling to get the State to accept it. He exple.ined the design was as much the State Highwsy Department's deeign se FridZey� , and there were several plana before the State told Yridley which plan they would accept and thie waa the reason Yor the curve in the �oad and why it didn't go all the way to Highway #fi5-becauae of industrial areas present. The Statement ws� made by a reaident that it was,only half on accese. Councilman Johanson replied it would be Piniehed as a State Aid Aoad and no one would be assepsed. The question was raiaed by a reaident why he ehould pay for this road when he would be on a State Aid Road. Mayor Nee replied on an M.3.A. road t�ey hed set a policy to aeaeae on that road what people would normally-pe.y if they were nQt on a State Aid Road and the diPferential 1e involved and brings the road up to a 9 ton road. Iie furthereexplained the - a'esidential property would pay as a residential street and the � 3ndustrial property doesn't get any particular b�eak and the reaiden- tiel property does and that break ia picked up on gae ta�c Hunde. It was expla3ned there had been a hearing held two yeare previous on the other part of the street, Councilman Johanaon e�oplained,the reason 73rd had not been finished aooner was there they had been having troubZe with the sewer line and they were trying to make aure they-were not going to have any trouble and were waiting Por the ground to stabilize� tk�at it would have been foib].ish to trlacktop - it hefore. Mr. Wienert inquired if all of. the co�oitnq�nte would be kn tHe minutea and wae told they would be. Mr. Wa].lace inquired if it was posoible to table action on this item until the IIeXt regular meeting for the reeidents to feel aseured aomething would be done� about the aseesamente. Mayor Nee replied if the check didn't come �m Yrom Mr. Hefner the sasessmenta wouldd be apread againet the ��, properties involved. The' question was raiaed if there were a,�la� in the City of Fridley that in order to get a plat Piled there was euppoeed to be money in escrow and if when thie plat waQ P31ed if there were euch a law. Mayor Nee replled he believed there� wae euch an ordinance� but that it wae a queation as to whetheT thie wag�a part of the plat in question, 2'he reaident repl3ed it aea on the plat. Councilman Wright explained.that whet wae on the plat was room for a 50 foot etreet, The.sesident replied� if this was the case� they as property owners are to be assessed� they would have to come back to the City to see why the City didn't get money in escrow for the plat. The Statement was made that in the �vent of a slip-up� who did the reaidenta have a law euit againat� the City� the developer or who� that ��;t did say in the purchase agreementa of the �fJ people the etreet would be in and paid far. City Attorney Smith replied the cauae oi action of the residents would be againsi, the developer but it wae presumed their attorney might try to make eome cleim againat the city but the City did not have reaponeibility directly althougji they d3d have the right if the aesessment was certified to appeel the asseaemen`te,, He explained this wae all part oi the procedure� that within $0 days after the roll rrae adopted� they had the right to appeal. He further explained this _ was a eimple procedure and the opportunity to have a court review ib� that theirown attorney would tell them i� their purchase agree- ment had been violated� their claim would be against the party on . the other eide oY the purchase agreement, The queetion wae raised by a reeident if a City la.w had been braken ahouldn't there be � some action taken on this� City Attorney 8mith replied he,did not believe they had a legal claim againet the city. It wae stated thie was� perhape� a moral claim, City Aitorney ,Smith explained the Platting Ordinance wDUld be most helpiul to the residents in , proving their esse against the developer� that th3s is the only way he could eee rrou7.d be most useful and they did have a contract pro- position.� Mayor Nee etated the residents did have an obligation on thia proposed aeseasment if they did proteat it but it seemed • they did' not know 1Y they were going to protest it until they knew if Mr. Hafner would pay. Following discuesion with Counci`1 IDembers� Mayor Nee etated the City Council agreed to table this part of the hearing on the assesament roll to tbe next re'gular meeting and� at that time� on the 21st oP September they ehoUld be present if they had any reaeon to think the developer hed qot paid the asseasment and enter their objection to the propoaed aeaesement, that tHis part of the hesring Would be held open until then. Mayor Nee ststed following diecuseion with City Attorney 5mith� that rather then table thia section which wquld only prolong the collection prob].em that they could certify thie and enter a mase objection that every property owner�involved in the Melody Msnor asseasment roll objecta to the aeseesment on the �rounds it ehould have been and shottld be paid by the developer and thie protecte the residente rights and the City Council could move ahead to make the collection becauae it would then be due, He explained this was the'advice just g3ven by the City Attorney. Covn�ilman Johanaon explained further if the City Council didn't certify the aeseesment� it wouldn't be due and Mr. Hafner wouldn't have to pay it. It wss etated by Mayor Nee the citizen�s righte *aould be pro- tected by entering a maas objection and every property owner in Melody Manor ae objecting. Motion by Johaneon to enter an objection on behalY oi every property owner liated on the Assesement Roll ior Street Improvement Project No. 1962-�F �it Me�ody Manor on the grounds the subdivider oblig¢tes himself to pay for the road. Seconded by Kirkham. Upon a voice vote� there being no nays� the motion carried unanimausly. 58thrAvenue Northeast to Washin ton Avenue Northeast Mayor Nee announced the area to be considered was 5 th Avenue North- east to Washington Avenue Northeast and inquired if there were any- one preeent,who wiehed to be heard regarding the aeaessment. There wae no one present in favor of or objectin� to the propoaed aeseqs- ment. . 73rd Avenue Northeaet - University Avenue to Able Street Mayor Nee announced the area known as Shaffer'e Addition at $1.27 per front foot and inquired iP there were anyone preeent who wished to be heard tegarding the esaesement. Mr. Harold Erickson was preaent and inquired regarding his aeaeeement� and if there were sny money in eacrow for hIDe 1ot. The Finance Director replied if Mr. Hafner had money in escrow with lending institutions sa he eays they would have no way of knowing that, that on Valley View Drive, the street 3�eferred to there is no escrow money. He explained the City does have s bond that Valley Boulevasd will be paved, Mayor Nee explainad tha� � L� � Shaffer's Additon according to the policy for epreading etreet assessments that go on the s3de of somebody's property� that it is spread to the people who have �e accesa to it and thia was the way it had been done and was the moat eqvitable. Mayor ldee in- quired 3f there was any question.with reference to trhe propoeed � asse:�sments for 73rd and ShafferTa Addition. Mr, Ed Hitzemaa'of 7388 Able Street Northeast inguired if the gae tax road metitloned would run down to the curved road and would that �oad be etrong enough and heavy enoug�, Councilman Johaneon explained the'type Af I road to be constructed. Mayor Nee added the xoad t�ae-intended at i the time it was designed� to keep trucka out of the residential asea. - Mr. Ilitzeman inq'uired if Mr. Ed Chiea was being charged'for any of this road. The Finance Director replied the east aide of Able Street is not charged but they would be charged when the street is continued out i.o Hiphway #65. The question wae raiaed why the aeeeeement ran �1.27 and othere have asaesemente for $1.Of3. Mayor Nee replied this was because it wae not spread as far up the road� that they did have to find a way to pay for the side etreets that aren't on the front of someone's property. Another reeident stated he had jnat xeceived an assessment of $517.00 and some of the other reeidents ahould be paying� that he was the owner of Lot 12� Block � in ShaYfer's Addit3on. Mayor Nee replied accord3ng to the echedule his aseesement waa listed as $106,68. The Resident stated this was in addition. The etatement was made by a resident that 3t waan't clear to anyone why the pe0plgnon the 7300 block ehould have to pay Yor a street that ie of no use to them� that if 3t were manefitin& them they wouldn't ob�ect to paying for it and it did seem to him the only people heneYiting are the contractore that are putting up projecte 3n the area� Y.hat he xas referring to the fact the road didn't go thxough to Central Avenue. Mayor Nee replied the road would go through to Central Avenue very shortly. The question wae raised why people ehould pay in advance for something they had no uae for. Councilman Wright replied they could not build every street in Fridley at once but that did not mean you cannot assess everybody who uses it now and if they assess j the people further North because they uae it nozr they could not � asaess them sgain when they put in a etreet that directly banefits. He explained they could not asseee twice for the eame benefite and it was the fact.they could not syncronize and build all the etreete at one time, It wae further e�cplained that� ultimately� thie vmld be even. It was atated by a r.eaident that it'did aeem tk�e people inithe 7500 and 7400 blocke would ultimately benefit �uat as much ss the people on 73rd Avenue, Councilman Johanson explained if�the sewer project on 73rd Would have b�en completed by thie time the road would have been put in. The question was raiaed who the contractor xas for the project and Councilman Johanaon replled Sandstrom and Hafner Construction Company was. Mayor Nee explained the City had paid for the etreet and it did asseas intes`eat and if they we,ited for another year to asaess the people it would cost more. Councilman Sheridan explained the method of aeaeseing Pront and eide streets. A diacuasion wss held regarding the method and kinde of assessments, A resident stated they did need a change of policy because these aeaesementa ehould be place on property according to the people who henefit. Mayor Nee inquired if there Kere any- one who-had a specific �uestion or objection rega�cding �heir lot. Mr. Hitzeman inquired if this aseesament wea going to be apread or if' it wae due now. Councilman Johanson replied it would be, spread over a ten year period. Councilman Wright e�cplained he had ,just conferred with the Finance Director-and he had eA3d the only other occaeion wl4ere they had a eimilar problem se Melody Manor was the Sylvan Hilla Addition but that wae put in at one time so it could all be aseeased at one time but in the case of Valley Boulevard they had a bpnd to Bover the project and the only pari: uncovered is 73rd Avenue. He iurther explained the residenta had a written agreement.from Mr. Hafner that the asseas- menta are paid and the City Council had IDie word he would pay it� that it did appear everyone was going to have no asaeeamente be- cause Mr. Hafner wsa �oing to pay for it.Mr. Ed Hitzeman of iot 9 and part oi Lot 8� Block 4 etated he objected to the assessment becauae it should have been apread Yurther up the block. Mr. Elmer Dornbusch of 7395 Van Buren Street Northeat (Lot 23� Block 4)� stated he did naE feel it was bex�'iting his area anymore then the7400 or 1 �t t. 7500 block, A resident listing his legal description as Lot 12, Dlock �+ stated he felt �he double bungalows in the area should pay as much as the other reaidents did. Mayor Nee replied they would aesiet in paying. The objection was withdrawn. Mayor Nee announced if there were no Yurther objectore� the public hearingwas declared cloeed. Councilman Kirkham ste,ted the Council policy for,aseeseing half�uay up the blmck was ig,�s but he thought� poseibly� in thie case they were mieinterpreting the intent of thie policy� that the area referred to ie an especially long block and eince they had two through streets� 73rd and Oaborne Road they had a block that etretched that far and �hought that by putting the policy to use in the aenee it was meant they would have to spread thie k�al.i`Nay up theae two atreets. Mayor Nee replied a crosa etreet was planned. CoLmcilman Wright atated the City Couneil had another obligation to protect the reeidents against a future asseesment against 75th in the future, Councilman Kirkham asserted if 75th Avanue was in and has been aeseased� 11: wo�hld make it a double assesement snd it could not work� that they would have to asseas it ae they had p2anned. Mayor Nee declared the hearin� closed. PUBLIC HEARING ON FINAL PLAT - GIRDLER TERRACE: Mayor Nee announcedla public hear3ng on the final plat of Girdler Terrace, The City Menager read the;Notice bf Hearing. C�ty Fn�ineer Qureahi'present@d plat of the e.rea to the City Council. Mayor Nee inquired if there were anyone present who would like to be heard on thia propoaed plat. Mr. George Bacon wae preaent and atated there wae only'supposed to be one single femily dwelling per,lot,in their area. C�uncilman Sheridan etated� ae he recalled� the person that owned th�.original house in the area had one lot and had sold it and hie name was Norman� that it wee recalled Mr. Normen had sold the houae and only a portion of the lot. Mr. Bacon replied it was his recollection the lot was all eold. Councilm�n Sheridan inquired how thie would afiect the Covenante on the original plat. City Attorney Smith replied the City waen't controlled by what couenants exiet and did pree�e the lot oWners would have something they could enforee. Iie expl6i�ted it was his opinion the property owner,would have trouble with h16e title with the covenante� that e�ost of these covenants have a definite termination date and the City doesn't have record notice of the covenanta and the platting is without conaidering the covenatrts, Councilman Sheridan stated thie was a' public hearing on thia plat and it wae not necessary that the City Couneil act on thia Yinal plat thie night. Mr. Bgcon state�l he wae not challenging the plat� he was just inquircE�gghow many peaple in the area are aware of it. Councilman Johaneon etated he did not know how the plat had gone through all the preliminaries. Councilman Sherida.n explained a request for a lot split wae turned down and preeumably the owner tried throu�h the Planning Co�3ssion to split thie lot through a plat, Councilman �oheflson etated there was a public hearing held by the Planning Covmmission on MQy 11E ot' 1964. City Attorney Smith asserted they could pass the item to the next meeting� that it was possible an Owner could get rid of covenants on the basie they exe no longer workable, Follow3ng a check on the minutes oi previous meetings� Councilman Johanson etated no one had sppeared to object. Councilman She�idan aeserted there wss nothing in thie plat the City eould do_to sbop it other than not act on it this night but at the next meeting, hlayor Nee declared the public hearing on the final plat of Girdler Terrace clo�ed, Motion by Johaneon to accept the final plat of Girdler Terrace and authorize the Mayor and City Me.neger to sign same. Seconded by Kirkham. Upon a voice vote� there being no nays� the motion carr3ed unanimously. City Engineer Qureshi explained an item re- garding the plat and etated that pe�hape the Czty Council ehould direct a retaining wall be bu,ilt next to lot 1 of the plat, Motion by Wright that Lot 1� Block 1 of Girdler Terrace shall have a retaining wall to the rear built in conjunction with any Uuild- ing permit iesued. Seconded by Johanson. Upon a voice vote� there being no nays� the motion carried unanimously. l �� PUBLIC HEARING - MILL LEVY W F�CG'ESS OF 30 MILLS: Mayor Nee announced a publ3c hearing on an additional tax levy i� addition to the 30 mill limitation, The City Msnager read the Notice of Hearing. Mayor Nee e�cplained for those present the pro- posed mill rate and.inquired of the City Manager rrhat it would be. The City Manager replied-the proposed mill levy was �1.5480 of .which 32.7002 was for general fund operation and the additional 8.847f1 was for atatutory levies� etc. Mayor 1Gee expleined the mill levy deacribed was not necesearily what would develop but it was what was bel�eved would happen� that the City hlanager doea believe the mill rate will be in the area of 41.5 and the Charter required a public hearing. Mayor Nee inquired 1P there were any- one present who wished to be heard. Mr. Wm, Quick oP 7330 Concerto Curve stated there was now a limitation of 30 mills. Mayor Nee ex- plained the �harter pxovides up to 30 mills without e,ny hearing btlt the City has always gone ov�er the 30�mills rate. The question wae ra9sed by a new resident what the mill rate was the previous year and i,he inrrease. Mayor Nee xeplied the previous year's rate was 3�3.6 aud this would be a6out two mil�s higher than the previous year, 2'he City Manager explained the major incresee was in the debt service requirementa� that la�t yee.r it was 7 1�2 mille and this year it was 8.9 mille and� actually� the 41.5 mills should be the me�cimum. IIe further explsined one mill 3s levied by Yiremen's relief and the balance is made by theCounty'hased on the dollara the City Council certifies it needa� that the valuation that hae.been uaed ie - $13�500�000.00. Mayor Nee stated to answer the reaidenta' gueation� the City has tended to run in the general area from 36 to 41 mi]1s. The City Manager gave the m311 ra#ee beginning with 195$., Mayor Piee explained the debt service. The qc}eetion was raised iP the bond voted on this evening•were�paesed iP it would be figvred in this budget in any way. Councilman Sheridan replied they would not until after the bonds had been sold and used; Mayor Nee dec]ared the public hearing on the Mill Lei�y in excess of 30 mills c�osed. OIID BUS#�SS: CONSID�RATION OF COURT LEGISLATION (TABLED 4/6/64): Mayor Nee announced the consideration of comrt legialation previously tabled. The City Mena�er e�Oplained to the City Council he h&d no further information to give theCounc3l but in the diebuaeion they had had previously they had discussed possibly setting up a committee of the .7udge and councilman to determine what they'would ps�eaent to the Legislature and it was thought they would do this in September if they were contemplating it. He further explained th3s"was pro- posed by the City Council to the extent they had aeked for and received an opinion from the Attorney General and at that time they had set thia item over to September and he wae m2rely bringing it to their attention� that if they did wieh to Porm e, co�nittee they could do so but they would have some salary considerations. Mayor Nee inquired if the City Manager qP City A�s�orney could return to the council floor some proposal or consideration. The' City Msnag�er replied the court wae out of his juriediction but did thitilc the Judge and Spec3al Judge� a councilman� and the Ci'ty Attorney ew ld suggest something to the City Counc3l. Motion by Sheridan that the City Counc3l establish a co�tittee to review the Municipa� Court problem� the committee to conaist of , the Judge� Special Judge� Councilman K�.rkham� City Attorriey� and City Manager and the cov�ittee to return a prapoeal to the City Council. Seconded by Johanaon. Upon a voice vote� there being no nays� the motion carried unanimously. 9ECOND FiFADING QF ORDINANCE �2a7 AMENDING CHAPTER 46 - BUILDING FFES: 1�� Mayor Nee announced for Counc�l conaideration the aecond reading of an ordinance regarding building ieea, The City Manager gage �he aecond reading oP the propoeed ordinance, Motion by Johanson to accept as�second reading� adopt and publiah, Ordinance ��87 amending Chapter 46 of theCity Code of the City of Fridley by providing ior a Section 46.028 that adopts by reference the permit Yee provieions of the Code of Ord3nancee oi the City of Minneapoliei Minnesota. Seconded by Kirkham. Upon a voice vote� there being no nays� the motion carried unanimouely. CITY ATTORNEYyS REPORT ON IATS 3 4& 5 BIACK 1�F HAMILTON'S ADDITION TABLED 17 , � Mayor Nee annouriced Yor the consideration of theCity Council'a report from the City Attorney and the City Manager concerning a petition by Mre. McCarty. The City Manager explained to the City Council the City Attorney says� in his opinion� the petition may properly.be denied. Motion by Wright to deny the petition for a Building Permit on Lot 5 and Sovth one-half of Lot 4, Block 14, He.milton'e Addition to Mechanicesvil]e� that peittion by Mre. Ardis McCarty. Seconded by Sheridan. Mra. MeCarty requested to be heard and etated ehe had �consulted with her attomey and was told ehe did buy a lot� that her contaebt was binding and legal and inquired of the City Council what ehe wae to do �ith her 60 feet of property. She stated she had had eome euggestions of how ahe could go about obtaining per- mita. Mayor Nee auggested to Mra. McCarty that before ahe would proceed ehe might want a copy of the letter from the City Attorney and could give it to her attorney, Mre. McCarty aeeerted ahe had 6een told by her attorney the City of Fridley has,a cloaed court. Mayor Nee replied if Mre. MeCarty wished a copy oi the afore- mentioned letter� she could have a copy of same. Upon a voice vote� there being no nays� the motion carrded unan3mously. Mayor Nee informed the City Council he would like to have some action talcen againet the tri-plex owner of the same area mentioned. Motion by Wright that the City Attorney be informed to instruct the City Council what action could '6e taken or ehould be taken regarding the tri-plex located on Lota 3� �+� and 5� Block 14� Hamilton's &ddition. Seconded.by Sheridan. Upon a voice vote� there being no nays� the motion carriedlunanimougly. PRELIMII�IIARY PIAT - INNSBRUCIC �F�fi ADDITION -(TABLED 8/17 64): Mayor Nee announced for council coneideration a preliminary - plat of Innsbruck 4th Addition. City Engineer Qureshi preaented the prelimirtary plat for council rev3ewal. Councilman Sheridan in- quired iY thie would be the same ae the final plat and was told there would be some additiona but they would conform. Mr. R. W. Bil]man and Mr. J. R, Johnaon were present to explain Innebruck 4th Addi- tion to the City Council, , Motion by Johaneon to approve the preliminary plat of Innabruck �th Add�tion and eet a public hearing ?or 8eptember 28, 1964. Seconded by �7right. Upon s voice vote� there being no naye� the motion'carried unanimously. . CONSIDERATION OF 196� BUDGET: Mayor Nee announced the coneideration af the 1965 Budget� and atated it had been diacusaed and aonsidered earlier. There was no action. l 5 (� PLANNING COMMISSION MEFTING MINUTI;S� AUGUST 27, 19E�1+: Motion by Johanson to receive and file the minutes oi the Planning Commission Meeting held August 27� 1964. Seconded by Kirkham. Upon a vo3ce vote� there being no nays� the mot3on carried unani- mously. "� BOARD OF APPEAIS MEETING bffNU'i'E5, SEPTEMBEA 2, i964: . Mayor Nee announced for Council cona3deration a request for a variance to permit construction of a one familg dt�elling. The City Manager read to the City Council the reco�tended approval and action,m� the Board of Appeala. Councilman Sheridan inquiTed if the variance coriformed with the balance oi the lots in the area and was i.old it did. . . - Motion by Kirkham to concur with the reco�endation oY the Board - of Appeals and grant the request for a variahce From Section 45.26� City Code of Fridley� Minnesota 1963 by waiver of front yard setback irom 35 feet to 17 feet to permit construction oi a one 3'emily dwelling on Lota 1� 2� & 3� Block Z� Riverview Heights Addition� Anoka County State of Minnesota� eame being 7850 Broad Avenue Northeast� (Request by Emory Braccini, 5325� Bryant Av�nue North� �rooklyn Center� Minneaota.) Seconded by Sheridsn. Upon a voice vote� there being no nays� the motion carried unanimoualy. FRIDLEY SAFETY COMhiLTTEE ME�TING MINU`I�S, AUGUST 26, 1964: Mayor Nee announced for the consideration of theCity Council the �-- �� � receipt of the Fridley Safety Co�ittee Minutes. ' Motibn by Wright to receive and;£ile the minutes of theFridley Safety Co�nittee Meeting held August 26� i964." Seconded,by Johanson. Upon s voice vote� there being no nays� the motion carried unanimously. � COMMiTNICATI0N5 : OUIMETTE: ASSESSMENTS . Mayor Nee announced a co�nunication iY�om D, Neil Ouimetterconcerning assessmente. -The City Manager explained to the City Council Mr. Ouimette has a new au6divieion and is asking for an aeaBeament spread. _ Motion by Johanson to reYer the requeat for a waiver of sssessmente to the Pinance Director for an opinion and reco�endation. Seconded by Sheridan. Upon a voice vote� there being nA naye� 'khemmotion carried unanimously. , CITY ATTORNEY: NORTf�RN PACIFIC RAIi.WAY STIPUlATION: Mayor Nee announced a co�unication from City Attorney Smith rela- tive to a Sti�pulation on the Northern Pacific aseesament settle- ment. City Attprney Smith explained to the City Counc�]. the City Manager had been unable to locate any record in the minutes but this was a matter he had inherited and was an appeal of some asseaements� that the railroad company claims in an easement that the City received from them to cross over the railroad tracka #hat the City .l.�l provided in writing that it would not make any assessment on their property, xe further explained this was an induetrial track and the City did aseese them and they did pay for the trunk line and the mentioned sesessment was considered a lateral aeseaement, City Attorney Smith agaerdsed h�sfile indicated in discussing tYiis with the City Council that they had tried to settle thia 3tem for 50 centa on.a dollar and he had written the attorneys for the rail- _ road in October o� 1963 asd made this propoael to them and had no reaponse, It aas explained City Attoxney Smtth had again contacted the railroad attomey and seked him why they hadn't had eny anawer and he had said they would settle for the amount mentioned. City Attorney Smtth atated thia item did need eome formulstion from the Finance Director eo the etipulation was just general but he hed had a phone call from the attorney•for the railroad and.he had stated they Were ready to aign the papers and if theCity Council rrished to give him authority the matter could be settled and it could be by a motion. . ,. Motion by Wright to suthorize the City Attorney to execute �he neceasary agreement in theM�tter of the Petition oi Northern Pacific Railway Company for Review and Cancellation of Special Asseasments levied by the City Qf Fa�idley� Minnesota� against the property oi the Northern Paciiic Railway Qompany� namely Stipulat3on Por Diemiasal� File No. 23i95-19�+3• Seconded by Sheridan. Upon a voice vote� there being no naye� the motion carried unanimously. VISITORS: Two residenta were present a,nd requeated to be heard regarding an alley that had been closed between Mein Street and 2nd Street � Northeast between 46th and �F7th Avenues. They etQted it seemed that ' the people that had the alley cloaed at their and were the ones I who were uaing it the moet and raised an objection to seme. Mayor Nee inquiredif this was the alley where only half oi it wae left open and was told thia was correct, There c�as diacuesion held regarding the area� who wae us�ng the open end of the alley, for what purposes aad what cauld be done, There was no sction i.aken by the City Council„ CI,AII�IS : Motion by Wright to approve the payment of General Claims ��3146 through #3290. Seconded by Johaneon. Upon a voice vote, there being no nays� the motion carried unanimously. Motion by Sheridan to approve the paymentc� Liquor Claims #6646 through #6691. Seconded by Johanson. Upon a voice vote� there being no nays� the�motion carried unanimously. Motion by Johanson to appxove the payment��of Public Utilities Cl�.ims #3533 through #3581, Seconded by Wright, Upon a voice vote� there being no nays� the motion carried unanimously. ESTIMATES: Mayor Nee announced for Council consideration the payment of estimates. Motion by Sohaneon to approve the payment oF the following eatimates: Suburban Engineering� Inc. 6875 Highway #65 Northeast Fridley� Minnesota 55�+32 Sewer & Water Improvement Pro,7ect No. 69 (Meadowmoor Terrace) Staking and Inspection � b19.50 i�� Petrowake-Roea -3613-53xd�Place North , Minneapolis� Minnesota Sewer & Water Improvement Project No. 69 (Meadowmoor Terrace) I:stimate #1 - Partial $39�959.83 Yihite Conetruction Co. . 1809 Welland Avenue South Miuneapol3s� Minnesota 55426 Sewer & Water Improvement Project No. 66 (University 61st-63rd) Estimate �2 - Pinal � 968.19 Hennepin Blacktoppin� Co.� Inc. . P. o. Box 2675 New Arighton� Minnesota. Streete 1964-1 Tatprovement Project (Sronton St,� 77th Wtzy� 75th Avenue� Woody LanO 52nd Aven�ie 2 1�2 St,� C6th Avenue Northeastj . Estimate #2 - Partial $25r182.91 Seconded by Wright, Upon a voice vote� there being no nays� the motion carr3ed unanimously, LICFNSES: Motion by Wright to approue the issuance of the following licenaes: ELPCTfiICAL Hansen Electrical Contractors. 6429 Lyndale Avenue South Richfield� Minneaota . GAS SPRVICES Loosen Plumbing & Heating� Inc. Long Lake� Minneaota G�N�RAL CONTfiACTORS . Donco Builders Inc. 1052 Osborne Road P'ridley 32� Minn. , Imperial Gara�e Builders 10682 Washington Blvd. N.E, Minne�polie,33, Minn. Libbe,y & Libby 2810 Dupont Avenue South Minneapolis� Minneaota Jim Dberg Construction� Inc. 1201 Highway #81 New IIrighton� Minnesota Western Homes Inc. 10051 Grouse Street N. E. Minneapoli� 33� Minnesota by: William J. Haneen by: James A, Loosen by: Donald Wehlast by:. Gordon Olson hy: W, G. Thaxter ; by: Jamea W, Oberg by: Laurie Johneon NEW NEW RENEWAL RENEWAL NEW NEW RENEWAL i i i � � i � � � I j �} �} HEATING Looaen Plwnbing &,Heating� Inc. Long Lake� Minnesota i� wr. h Di�a Plumbing 3404 Newton Avenue North Minneapolis� Minnesota Looaen Plumbing & Heating� Inc, Long Lake� Minnesota 'Minneapolie Plumbing Company 909 E. 18th 5treet Minneapolis� Minneeota SIGN ERECTION Macey Signa� Inc. �51 Wilson St. N.E. Minneapolis 13� Minn. Viking Sign & Service 16�F8 pakdale Drive St. Paul� Minn. 55119 WELL DRILi,ING Jack's Well ➢rilling Co. 6041-4th St. N.E. Minneapolis 21� Minnesota OTHER LICENSES• CIGARE'i'1.'E LICENSES Erneet Pehling 4246 Main Street N. E. Fridley 21� Minn. .by: James A, Loosen by: Joe Di Benedetto Uy: Jamee A. Loosen hy: E. A. Copperud by: John 0. Holter by: Jerome P. Heas NEW RENI:WAL NEW PI�W RENFWAL NEW by: Jack Zwirtz NEW dba: Pehling Gro�eries 4246 Main Street N.E. Fridley 21� Minn. Seconded by Johanson, Upon a voice vote� there being no nays� the motion carried unanimously, FIIiST READING OF APPROPR7ATION ORDINANCE - Mayor Nee announced for Council consil�deration the firet reading of an ordinance adopting the budget for the Fiscal Year 1965, The City Manager �ave the firet reading of the Appropriation Ordinance. Motion by Johanson to accept as firet reading an ordinance adopting the Budget for Fiecal Year 1965. Seconded by Kirkham. Upon a voice vote� there being no nays� the motion carried unanimously. CHANGE ORDER #1 - ST, i964-i: Ma3ror'Nee announced for the consideration of theCity Council a Change Order fos etreet Improvement Project 1964-1. City En6ineer @ureshi explained this change order would be Yor Ironton Street from Eaet R3ver Road east to the eaet line of the Herwel Addition and��would give Fridley e better road. He further e�tplained that� a� the present time� they did not have any industrisl area which woul.d be developed and it was felt thie wvuld be better. Councilman Johaueon inquired if the City Council had held a public hearing for the people on these streets and what they would tell them if the price were higher, City Engineer Qvreshi replied the amount would be minor, Counci]�,n Wright inquired regardin� the amount oi the project and wae told that for Ironton Street it was $27�874.00 �5� and 77th Avenue wae �17�700.00. Moi:ion by Johanaon to approve Change Order No. 1 for Street Tmprove- ment Project St, 1964-1 in the amount.of �986,60. Seconded by Kirkham, IIpon.a voice vote� there being no nays� the motion csrried unanimously, ffi�SOLI�ION #178-1964 CONFSRMING ASSESSMENT ROLL - ST, i962-4: Mayor Nee announced a xesolution for the consideration of the Counc3l confirming the Assesament Roll for Street Improvement Pro- ,7ect No. 1'�62_4. . - Motion by Johaneon io adopt Resolution #178-1964 confirming /��sessment Roll for Street Inqprovement Project No, i962-4 nqt��Gg the ob,Jections regieta�clat the public hearing and to include the objections in masa oS those residenta in Melody Manor. Seconded by Sheridan. Upon a voice vote� there Ueing no nays� the motion carried unanimously, 364 ORDERING HEARING OT+T ASSES5MENT ROLL� SS & SW Mayor Nee announced for the consideration oi the City Council a resolution ordering a hearing on an a�sesament roll. �pt,ion by Johanaon to adogt Resolution #179-196� Bfir.e�tiitignpublication of hearing on proposed Assessment Roll for StoYm Sewer� Watex� and San3tary 9ewer Improvement Project No. 58, 8econded by Kirkha,m'' Upon a voice xote� there being no nays,�the motion carried une,nimously. RESOLUTION #180-1964 E5TABLISHING ADDITIONAL MSA ROADS; Mayor Nee announced a resolution establishing additional Municipa� State Aid roada in the City of Fridley and stated the City Council had discusaed this item previously and thie was a reeolution to express it, Councilman Wright inquired of the City Manager if any�hing had Ueen done about the proposal,on.�49th Avenue, The City Mcsnager replied 49th Avenue had been left.in the reeolution, Motion by I{irkham to adopt Resolution #180�1964 determining and establiehing Municipal State Aid Road s and atreeta in the City of Fridley. Seconded by Johanson. Upon a voice vote� there being no nays� the motion carrYed unanimously. RESOLUTION #181-196�F ORDERIlVG PREPARATION OF ASSESSMENT ROLL - SW#61: Mayor Nee announced a resolution ordering the preparation of Assesement Roll for Sewer and Water IMprovement Project No. 41. Motion by-Sheridan to adopt Resolution #181-1964 directing pre- parat�on of Aaseesment Roll Yor Sewer and Water Improvemen� Pro- ,ject No. 61. Seconded by Johanson. Upon a voice vote� there being no naye� the motion carried unanimouely. RESOLUTION #182-1964 ORDERII�iG PREPARATTON OF ASSESSMENT ROLL- _I SERVIGT CONNECTIONS 19 �: Mayor Nee announced a reaolution ordering the prepe�ation aP Assessment For Improvement-Project on service connectione. The Finance Director etated that one part to thie project would be assessing the propert�C to Hathaway I.ane extension� that the main TJJ water tranamiesion line gces there and they had in the recent psa� asseseed property �buting on the water and sewer linea. He explained this wss a recently completed part of Project #3�� and that the church in the area owns a piece of land and some ie privately owned but the roll, ae prepared, pute an assesement on esch side oP the easement. He �urther explained there are other miscellaneoue parcels acattered on thia item all around Fridley. Councilman Sheridan stated that when they did not hava a petition requeeting a aervice and the City takea it upon itseli to complete the me.ins in an area� he did not aee how they could spread a lateral asseasment until such time as aervice wae requested. He iurther etated if this happeded to have been a atreet and a watermain to complete a loop there atill would be no aeseesment until the utility would be used� that thia ie part of the mein asseasment on water, The Finance Director explained they had assessed eome- where between $250�000 of lateral seeeesment for Project 34. Councilman Sheridan replied they had not had requests for sexvicee� that if they had had requeats he would be in favor of che.rging:�a lateral service how but because they did not he did not think they should be spresding lateral aeraice until there wae a plat. Fie also raised the queetion of how th�y would apread a lateral aervice on open property. Councilman Wright atated in theee two new caees� nobody eitherrwanted or petitioned for new services. The Finance Director replied he did not know ii anyone wanted the service but where they did have trouble was where somebody buys a piece of induetrial land and they find out about the assesaments, Councilman Sheridan inquired if they co�ld adopt a claim against the unplatted property showing some aseesemente. The Findnce Director inquired ii there were some way the assessments could be delayed for a period of time ior the certification. City Attorney Smith replied they could adopt the assess- ment roll,but,not certify it. Mayor Nee asked if there were a way of getting a claim on record eo e eesrch would ahow it is there. City Attorney Smith replied it he.d been dot�e before. The F3nance Director asserted it had but not in exactly the eame way. Councilmae Wright e�cplained this was a leterel but wj.thout a petition Pox the main. City Attorney Smith etated there was no problem� the City,would just not certify the asaesement ti�l8iPa11 and would intend to certify it next fall. Mayor Nee aaserted it was his opinion to make a charge against e lateral you need a public hearing and you need four votea of the City Council. The Dinance Director replied� in this case� there was a public hearing and they had already adopted over $300�000 on both platted and unplatted property. City Attorney Smith explsined the original hearing was for the trunk line aad was brosd enough to Yove�C The Finance Director explained they had been having problema on the connectione when these people connect later� that on Main Street there were problems where some of these reso- lutione he,d been adopted originally� that they don't have much liasis for doing it later on and in order to put a latersl charge on you have to show you have made an iwpvovement. It wae iurther explained by the Finance Director if thie �aere adopted they would etill only be picking up 2'� of the coet._ City Attorney Smith etated it was hie feeling they could delay certifjcing ior various reaeone yet the Finance Director had figures of what he cu�3d3�p�esent ae far ae the total coet would be, Councilman Sherid�n replied he would certainly not like to be Parcel 3600 on University Avenue and get a main assesement as this party didn't request it atl,all but the City Covncil could aet it� for the hearing and go through and meke objectiona at that time. City Attorney Smith aeserted the owner of the property might went to have the problem reeolved. Motion by Johaneon to adopt Resolution #1£i2-1964 directing preparation o£ Asaesement Roll Yor Improvement Project 1964 Service Connectiona. Seconded by Wright. Upon a voice vote� there being no nays� the motion carried un�nimouely, , , RESOLUTION #183-196�4 ORDERING PftEPARATION OF ASSESSMENT ROLL - uW �66: Mayor Nee announced a resolution for Council conaideration ordering the preparation of Aeseeement Roll for Sewer and Water Impravement Project No. 66. Motion by Wright to adopt Resolution #183-1964 directing preparation oi Aeaesament Roll for Water And Sewer Improvement Project No. 66. Seconded by Johanson. Upon a voice vote, there being no naye� the motion carried unanimously. , � J� )64 DIRECTING PUBLICATION OF HEARING ON ASSESSMENT ROLL - Mayor Nee announced a resolution directing publication oi h hearing on Aseeasment Roll SW #61: Motion by SheridBn to adopt Resolution �18�+-1964 directing publice.tion of hear3ng on proposed Assessment Roll for Sewer and Water Improvement Project No, 61. Seconded by Kirkham. Upon a voice vote� there being no nays� the motion carried unanimously. _ RESOLUTION �1fJ5-1964 DIRECTING PIIBLICATION OR fI�ARING ON ASSESSI�NT ROL Mayor Nee announced a resolution directing publication oP a hearin� on Asses;�ment Roll for Service Connections� 1964, Motion by Wr�.�ht to adopt Resolution #185-1964 directing publication of Hearing on proposed Asseesment Roll for 1964 Service Connections. Seconded b,y Sherid�n. Upon a voice vote� there being no nays� the motion carried unanimously. • )64 DIRECTIIVG P[TBLICATION OF HEARING ON ASSESSMENT ROLL - Mayor Nee announced a reaolution directing publicat3on of a i�earing on Assessment Roll - for Sewer and Water Improvement Froject No. 66, Motion by Johanson to adopt Resolution #186-196� directing publication of hearin� on proposed Asaessment Roll•for Water and Sewer Improvement ProJect No. 66. Seconded•6y Wright, Upon a voice vote� there being no nays} the motion carried unanimously. - R�SOi,ilTION #187-1964 AUTHORIZING SFLITTING ASSESSMENTS - PA1tCEIS 830 & 0: - - � � ' Mayor Nee anriounced a resolution a,utho�rizing the aplitting oP easeesmenta in Parcel� 830 and 840. - " Motian by Sherldan to adopt Reaolution �187-1964 autlmmizing and directing the splitting of specia� assessmenta o$nParcel 830� Lots 12� 14� 15� 16 aid 17 (E7{. E. 9' of Lot 16 and all of Lot 17 to �l�ty of Fridley)� Block 5� City View and Parcel 81+0� Lot 15� Block 5� Ci�ty View, ISeconded by Kirkham, Upon a vo3ce vote� there being no nays� the motion carried unatrimouely. RESOLUTION �188-1964 ORDERING PRELIMINARY REPORT - SW #`f0: Mayor Nee announced a'resolution ordering a preliminary report for Sawer and Water Project No. 70. The City Manager eXplained,to the City Counc3l these were some emall areas that seem to have aome urgency� that all the lot owners have been in and are very eager to have eewer and water. Motionby Wri�ht to adopt Resolution #188-1964 ordering preliminary plans specifications� and es�imetes of the coste thereof� water and�Sewer Project No. 70. Seconded by Sheridan. Upon a voice vote� there heing no nays� the motion carried unanimovsly. RESOLUTION �lbj-1961+ OIi7JERING PRELIMINARY REPORT - SS #71: Mayor Nee announced a reso]_ution orderin� a preliminery report on Storm Sewer Project No. 71. • � Motion by Johanson to adopt Resolution #189-1964 ordering preliminary plans, specificattons� and estimates of the costs thereoY; Storm Sewer Project No. 71, Seconded by Kirkham. Upon a voice vote� there being•no nays� the motion carried unanimously. - Y�+ RESOLUTION SS 71: PRELIIyffIQARY REPORT AND Mayor Nee annovnced a resolution receiving a preliminary report and ordering a hearing for Stox7n Sewer #71. City Engineer Qureahi explsined the manner in which the work would be done. The Coneulting Engineer� Mr, Cometock, suggested that at the time oi asaesament� Pro�ect �51 and #57 would be joined together, Motion by Johsnaon to adopt Resolution #190-1964 receiving plana and apeci�ications and ealling a pub],ic heasing on the matter of the conetruction of certain improvementsj Storm Sewer #71, Seconded by Kirkham. Upon a voice vote� there being no nays� the motion carried unanimausly. RESOLUTION.#191-196k'1DRDER'�NG FIPIAL FLANS AND SPECIFICATIONS - SS �71: Mayor Nee announced a'resolution ordering final plana and speciiications on Storm Sewer #71. Motion by Johanson to adopt Resolution #191-1964 ordering final plana and specificat3ona - Storm Sewer ProjecE No. 71. Seconded by Kirkham, Upon a voice.vote� there being no nays� the motion carried unanimously. A PRELIhLII1ARY REPORT AND ORDERING FINAL ASTR�AAV 4G�41G'R 'T'�. Motion by Wrgght'to adopt Resolution #192-1964 receiving a prelimj.nary report pnd ordering Yina1 plans and epeciiicatione ior Sanitary Sewer #72, Seconded by Johanson. Upon a voice vote� there being no nays� the motion carried unanimously, RESOLUT2oN #193-1964 RECE SEWEH 2: . FINAL PLANS AND ON SANITARY Motion by Sher3dan to adopt Resolution #193-1964 receiving final plans and specifications on Sanitary Sewer �72. SecOnded by Johanson. Upon a voic� vote� there being no.nays� the motion cerried unanimously. RECEIVING FINAI, PI.AI4S AND Mayor Nee announced a resolution receiving final plans and epecifications and authorizing the advert3sement for bida. Motion by Wright to adopt Resolution #194-1964 approving plans and specificatione and ordering advert3sement for bida� 5torm Sewer Project �71 and Sanitary Sewer P'roject #72. 9econded by Johanson. Upon a voice vote� there being no nays� the mot3on carried unanimously. RESOLVI'ION #195-1961} CALLING PRIMARY ELECTION AND SETTING A DATE Tf�REFOR�: Mayor Nee announced for. Council conaideration a resolution calling a primary election and eetting a date Por same. The City Manager el�ggesl.ed the date oi September 29� explaining the election had to be held not less than 30 days before the regular election. Motion by Wright to adopt Resolution #195-�964 calling a primary election and eetting a date of September 29� i964. Seconded by Kirkh�p. Upon a voice vote� there being no nays� the motion carried unanimously. 0'�R BUSII�SSS Councilman Johanson requested the City Council reconeider the Contract with the Village oP Hilltop Yor Yire protection, He e�cplained he hed met with the Mayor of Hilltop and they had started a water tc5wer in their village� �J� that Robert Hughe� Chief of the Fridley Fire Department�-was helping them look for a fire truck and it did seem that the Fridley Fire Departmen� was no longer reluctant to help them. Councilman Johaneon etated his complairt had been they had never showed any des3re to do�lanythiag about a depart- ment of their own but they are now doing this and Chief Hughes was also going to help them organize a fire department, Motion by ,Tohanaon to recons3der Council action with the liillage of Hilltop for an additional year. Councilman Sheridan atated it was his opinion this wae an action the City Council eHould take that aome of the people in the Pire Department had 3ndicated they would gd by xhatever direction the Counc3l took. Counc3lman Sher3dan au��ested the V311sge of H311tog should be.told they would get fire protection and extend the eervice of the contract. Counci]man Wright inquired where the membere oP theFire Dapartment had requested diecontinuing the service. The City Msnager explained it wae the information that came to the City Council. Council- man Wright asserted that what was now being eaid was that a minority of the department wanted to diacontinue service to Hilltop. Councilman Sheridan explained they had gone to a meeting of the Fire Depestment and the Mayor of Hilltop was there. Me.yor Nee had suggested to the departmeat if Hilltop were going to star� a Fire Department they be trained properly and-be a part of our Fire.Department Por the Training Brogram� and it would be-like a �econd stal,ion attached to Fridley only in Hilltop. He Purther explained they had purposely left the meeting and the diecueaion was more or lese acceptable to thia type oP arre.ngement. Mayor Nee etsted he wae in favor of working with the Village of Hilltop but perhgge �hey ahould ap- proach the Fire Depertment again. The City Manager atated the Chief of�tte Pire Department had atated they woi�l.d a6ide by the deciaion oi theCi�y Council, Coun�*i]inan Sheridan sc�ggeated they could extend the cont�e¢t for another year with the stipulation they go along certAin lines� �'or example� the pwuper they were talking a6out� and establiehdmg a department. The City Manager explained Councilman Johanson.had suggested a three month renewal period. Councilman Johaneon explained the progreee the.t 3s being made now at fl.Illtop wae in the water eyatem anfl they would not be able to get a building of any kind up before spring. Mayor Nee eaggested ca113ng in those affected for a meeting. There was no Council ection. . C3t,y Attorney Smith inquired of the City Council� with the vo'te ori the City Hall Bond Iseue favorable� if they wished l�imrto proceed on the condemnation of land necessary for the new City.Hall. It was a�eed,th3s was satisfaci;ory. A discussion was held regarding a meeting for the Canvas of Votes and Wednesda,y� Septemher 9y 1964 at 5 P.M, wae chosen ae the t3me�for the Canvas to be held at the City Hall. AbJOURN: There being no further busineae� Mayor Nee declared the Regular Council Meeting of September 8� 1964 adjourned. Respectiltlly submitted� -� o _ stu�f / S e Miskowic� ecretary William J. Ne Mayn�