11/02/1964 - 00022425i
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REGULAIi COUNCIL' MEETING� NOVEP4BER 2� i964
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A reguler meeting oi the Council of the,City of Fridley was called to
order by Mayor Nee at 8:07 P.M.
ROLL CALL:
��Membexa Preaen�:
, Members Absent:
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Nee�.Kirkha.m� Sheridan� Wright
None .
APPROVA�, OF NIINUTES - REGUI�AR MEETINC, OCTOBER 19, 1964:
Mot3on by Sheridan to appxove the minutes of the Regular Meeting of
October 1<j� 1j6� as prepared and received. Seconded by Kirkham. Upon
a voice vote� there being no nays� the motion carried unanimuusly.
PUBLIC HEARING:
PUBLIC Ii�AR1NG ON RE-ASSESSMENT OF S& SS �}24B:
.Mayo,r Nee annouqced�ior considerstion a public hear�,ng on the reassessment
of Sanitary ffiad Storm Sewer Improvement Project No, 24B, The City
�Manager read �Chg notice ni Hearing. Mayor Nee stated that several years
previous� the City Council had ordered in an improvement oi a starm
�aewer 3nterceptor and along with-it a san3tary sewer intercepi.or; that
•in the procese of determining the benefits and aesessing the cost or
part oY the cost� perhaps^two yeare ago� the City was challenged by some
interested part3es and the court advised the City of Fridley to re-examine
the method by which they had determined benefit. Mayor Nee iurther stated
that� speciiically� they said Fridley ehould re-examine the benefit to
the psoperty belonging to the objecting partiee, FIe explained that in the
past year a.nd one-half th� adminietration had tried ta determine the various
methode used to determine benefit and believed the City Manager had� for
the considera'bion of the City Council and the public a proposal to resolve
this problem.
It was explained by the City ManageT the City Council had the proposal
- mentione3 and to et+mmu+rize etated thexe had been a meeting with the other
pereonnel oY the City� those•abeing the Asseseor� the Pinance Director�
the City-Manager� the City Attorney� the City Engineer and Consulting
Engineere� these people having met nQt a]1 at the same time but the problem
of the storm eewer aSsesement had been discuased, He further stated he
had had aome experience with the gradugted or difYerential type asseas-
° ment an8 had heard oY other methods� that through' the City Aeaeesor'they
had checked out land valuea and it wae determined in Fr3dley industrial
property� raw land was four times in value to raw And�veloped residential
land and bueinesa and induetrial pieces; that it was a four to one ratio.
'It was explained that about the time of this d�ecuesion� the C.ity Attorney
had happened to be going to the Municipal Law Officera Meeting,in Oregon
and by this time they had discusaed this problem et aome length and
discovered it would be in approximately the same ratio oP four to one,
It was explaihed•at that point the City Attorney had attended tiiis con-
ierence and questioned the municipel attorneys fa�om a11 ov�r the country
and he found there were some instances Where similar types of assessment
proceduree were established and were satisfactory and workable, It was
then discovered tha� St. Louis Park had an assessment setup similar to
what they were diacuasing and the Aaseaeor was asked to check this and
beforerhe had thia down in writ3ng and investigated it there was one
i3nal meeting held with the City Attorney. The C3ty Attorneya it was
explsined� sum�arized the diacuaeian and the proposal and eubmitted the
facta to the City Manager who had been out of town. The City Manager
stated"he'then aubmitted these Yacts tothe City Council with a recommen-
dation it be a policy of aseeasmen� for storm sewer work and the City
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Council adopted his recouunendation as a policy ior atorm sewer sasesa-
trmnts. 9'he City Manager further stated the C3ty Council had aubaequent�.y
set up the reassessment hearing Por this night and thia policy was used
for the reassessment for this particular hearing. It was explained the
Cii,y Manager had the written report oi the Aesessor on valuea in Fridley
and also hia report on the St. Louia Park special assesament procedure
which was basiaally the same as what was.adopted by the Council some
time back.
Mayor Nee expla3ned that in the Aaseasor's letter to the City Mana�er
with reference to practice in St. Lou3s Park he had indicated that R-l�
single fr3mily� is benefited in the amount of $2A0.00 per unit and't�-��
single family� ia benefited in St, Lou3s Park in the amount of $200.00,
City �tt,orney Smith explained the $2Q0.00 per unit was baeed on a 50 foat
frontage .lot. Mayor Nee went on to explain the R-3� which was a two family
re,sidence district� they plan $1+.00 per iront Poot end in R-�+� one to
eleven fami7y district� they plan $5.00 per front foot and all others are
�8.00 per iront foot and if the land is low� the amoun't is double, Mayor
Nee read the letter from the City Aaseasor regarding values recelved irom
stnrm sew�r on various types of praperty and stated they had made aome
calculai,ions as 13sted:
Nl; 1��+ of SL 1%�+� Section 12
NA 1�1F of St 1��+� Section 12
NW 1�1F of SE 1�F� Section 12
Zon3ng kate Area Asaesement
M-2 �7.Z1F -'�§05,b0o $ 30,�9 7—.8T
M-2
R-2
�7.64 i,2o6,i2o
�1.91 201�247
92, i�+7. 57
3, 8�+3.82
NW 1/4 of SF 1/4� Sec�ion 12 C-2 $1.91 k3�560 832 00
127, 11.23
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and requested the Finance Director discus� for the City Council�and the
public kiis v3ews on i:h3s question.
It was explained by -�he Finance Director the Assesement RoLl was ma.de
up based on different rates ior diPferent classiPicatioris of property
in the N�rthwest quarter (NW 1�F) of the Southeast quart8r (5E 1��F)� that
there were thr�e different zoning diatxicts� C�2 and R-2 which carry
a rate of �1.91 per one hundred square feet for storm ee�Wer aeaessment
and the balance of that section wh3ch lies within the dxainage distr3ct�
heavy induatrial which carries $7.6�+ per oxle hundred equare feet and the
balance of the land carries $7.�4 per one hutldred�square,Yeet. He ex-
plained this was based on areas that were taken itlto coneideration based
on a map from the consulting engineers ahowit]g the propertyJ Mayor Nee
etated i:h�t as he understood it�-the rationale to determing the beneiit
was that the benefit had a relationehip to the utilization that the,
land was capable of, not only� according to and under �he zoning o'rdin-
ance but alao with relation to the`nature of the parcel and the uti,li-
zat3on that wae probable as determined by size Qnd am�.lability of
traneportr�tion, Mayor Nee inquired if there were any'other,staf� infor-
mation �.hat the C3ty Council should have, Couaulting Engineer� Mr. Ice
ComstocY.� atated th��.r �task was to review the exiating facility #24B;
�hat they had reviewed this facility on the basia oY a three-,year atorm
frequency and with this review and calcula'�ions uaing exiating pipe
szzes� etc.� of the Pacility as it now exists� they computed 42.7 acres
could be served through this iacility of the M. & 0. Property and approx3-
mately 25•1 acres to be drained runnin� Sou�h from Onandago at Hayes and
600 feet East on 73rd Avenue. He further explained thia wae a propoaed
extension originally to be constructed in the future with an additional
17.6 acres on 73rd and Central Avenue and it,could all be picked up at
73rd Avenue and Central Avenue but it would be more expensive. Mr.
Comstock a3serted the drainage area coincides with the natura7. terra3n
and takes into account the.report £rom topographic maps and resliatically
can be drained into the sys�em, ,
�layor°Plee stated the resolution that was passed some time previous should
be introduced on theae determinations� that th3s Tesolution was psssed on
October 5, 196�+ and the material part of it was that based on a study
by the ataff� there had been a clarification of property relating mainly
to the zoning districts as sn indication of the utilization and the probable
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benefit� that it had eome rePerence to the load on they syetem that would
be created and aleo some reference to the value oi the property protected�
etc.; that the amount of run-off oi an acre was contrasted,irom another
class,oP property. He explained the resolution further contained a
definition�oY Clese �1 Property� �-1� 2� 3, 4, and 5 and ��e ull resi-
dential uses'oP less than ].00 acrea with one ownership of conl,iguous
pescels aad 'the poliey wae $1.91 per 100 square feet on Class 1. Class
2� he,explaitled� wae property in zonea R-1� 2� 3� 4� and 5 of more than
100 aCres with one ownerahip of contiguous parcels and the benefit was
�i3.82'per 100 equxre feet. Claea 3� he explained was property in zones
C-1� 2� 25 oY leee than 30 acres with one ownership oi contiguous parcels
and the benefit to this property was $1.91 per 100 aquare feei;, Class 4
property wae'described as C-l� 2 and 2.S of more than 30 acres with one
ownership of contiguous parcels and the benefit t+as $3.82 per 100 square
ieet. Class 5 property was described as zoned M-1 of leae than 120 acres
with'one ownership of contiguous parcels or without trackage and the
benefit proposed was $1.91 per 100 equare feet. Class 6 was described as
property 3a M-1 of more than 120 acres and with one ownerahip of contiguous
par�ele oa trackage and proposed at $5.73 per 100 equare feet, Clnss 7
wae deacribed as property in M-2 of less than 120 ecres of land �nd w3th
one wnerahip of contiguous parcela with the benefit proposed at $1.91
per 100 square ieet without trackage. Class 8 property was defined as
M-2 oi more than 120 acres of lend with one ownership of cont3guous parcels
with trac�cage at a proposed $7.64 per 100 square ieet. Mayor Nee asserted
thie described resolution was adopted October 5� 1964 snd was entitled
"A Resolut3on #211-1964 Establishing a Policy Concerning i.he Assessment
of Benefited Property Yor Storm Sewers in the City of Fri3ley."
Mayor Nee inquired if any,members of the City Council had any questions
or if e,ny member of the public had any co�ents or remarka or questions
concerning thie proposal.
Mr. Sohn Holten stated he 'was appeasing for the Minnesota and Ontario
Paper Company and was of the law firm of Faegre and Benson ai,torneys for
the M& 0 Paper Company. He atated that as he had indicated to City
Attorney Smith be£ore the preaent meeting� their presentation would take
some conaiderable time and if the C3ty.Councal wished to pass by thair
item onto other items they would be.agreeable. Mayox Nee requested
a motion�to contittue the hearing. � .
Mot'ion by Sher3dan to continue the PUblic Hearing on Sanitary 4nd Storm
Sewer Improvement Project No. 24B until later in this evenirig's meeting,
S'econded by ICirkham. Upon a voice vote� there being no nay�y the moi;ion
carried unanimoixaly. . �
I'UBLIC HEARTNG ON F1NAL PIAT - DON�S 5TH !LDDITION:
Mayor Nee announced a public hearing.on the final plat on Don's 5th
Addi'tion. The City Manager read the Notice oi Hearing. City �ngineer
Qureehi'explained to the City Council the hard she11 of i.he p3eti�_had
not '6een received but Qould�present copies of the plat, Mr. Pon Anderson�
owner� vrae present to explain why he had no hard shell of' the proposed
plat and that he had to purchase another piece of land� approximately
7.00 feet to coinc3de witY� the plat,. Ma,yor Nee.inqu3red if� when he had
that l00 �eet� it would then be as the descr3ption of the plat presented.
He was told thia was tr,IIe. City Engineer Qureshi explained the C3ty
Council eould just•hbld the hearing snd cloae it and not authorize the
pla� and when Mr. Anderson would submit the hard shell� they could take
action at that time. Mr. Anderson inquired if.he could bring tlie legal
descriptione in and have the plat signed at tha� time� that the lots
deacribed were all acevrate sizes.. City Attorney Smith explained the
City Council's reeolut3on in accepting a plat auyhorizzed the officials
to sign the plat and if there was just something very inconspicuous to do�
they could adapt 1t aub�ect to the approval of the engineering atafi,
Mayor Nee iri4uired ii there was a legal reason to examine a hard shell.
City Attorney Smith replied they always relied on the en�ineering staff.
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City Pngineer R,ureshi explained that basically the reason for allowing
this would he the hard shell is difficult to chan�e. Counoilman Wr3ght
asserted if the engineering staff had custody of the hard shell it could
not be clianged. It was explained by the City Manager ii there were any
change fram the hard shell� they would have to stop act�on an,yway under
the-ordinance. Councilman Wright,sta'ted he felt the proper way tn take
care oi thYs would be to have the hard shell presented to the City Council.
Mr. Anderson explained there would be a hardahip involved being that they
wanted to construct a couple of basements before froat ee� in. Mayor ,
Nee inquired if City Engineer Rureahi had examined the plat." City I
Engzneer Qureshi replied he had and explained the boundar3es�with othex' i
properties 3nvolved, Mayor Nee inquired 3f there weNe any0ne presant.who —'
had any interest in the plat. There we,s no one present in Yavor of or
opposed t,o the plat in question, Msyor Nee declared the Public Hearing
on the i'inal plat of Don's 5th Addition closed,
Motion by Wright that the City Council approve the £inal plst of Don's
5th Addition and authorize.its signing contingent.upon approval of the
City �ngineer of its conformity to the preliminary plat and-fu11 parti-
culars. Seconded by K�rkham, Upon a voice wte� there being no nays� the
motion ca,rried unanimously, _ - -,
EASEMGPFPS - PEtO,TECT ��,SS 71: ' _ I
Mr. Pat Winters was present to inquire regard3ng a storm aeWer to be
constructed on the Weat side of his property. Mayor Nee-'requeated,thst -
City �ngineer Rureshi explain the negotiation of an easement ��Por a
storm sewer. It was expla3ned by City Engineer Qureahi the City Council
was aware of the work being done on Project #71� that they were extending
their atorm sewer to pick up the drainage aump behind the C1ty Hall end
Shopping Ceni.er and to get to it they had to come through a vacated a,lley
and had been under t�he impresaion the entire alley was owned by Art
Chr3stenson of the Shopping Center but it wasn't and Was hal�' owned by I
Mr. Pat Winters who-wanted $500,00 Por the easement. I� wae further ex-
plained by the City Engineer the contract3ng fircn,was vp to thia portion J
of the work and land now and cauld not go on and they would either have to
negotiate or condemn the property. Councilman Sheridan inquired what thia
entailed in width and length of land. City �ngineer Qureshi replied it I
was six feet wide� that Mr. Christeneon would give a11 the easement they
needed. Mr. Winter�� stated they were talking about ai�c feet by about
n3nety feet. City A torney Smith explsined this was an,alley on�an old '
platin Ree's Addition and was vacated in 1953, that•the Weet hali of the �
alle;¢ ber.ame part of Art Christenson'e property dire�tly behind Theiaen's i
Store and the F.aet half beceme the property of Mr, Wi,nters and there wae I
no retention of the right to install utilities which 4�as been �ihe p�actice
since, ile explained the equipment wss ready to work on this project�
that they could� of course� condemn bdt it wou.7.d take some time and,he
had not known of this incident unt31 this evening. Mr. Wintera expla3ned
he had planned on building a building onthe property w3th property -
facing the other.side and figured he should be reimbursed for }�hat eix ��
feet which he would not he able to use, City Attorney Smith'inquired ii i
he could do bettex than $500.00 for the City. Mr� Wintere'repl3ed he '�
felt $500.00 was a f�,�r price,Councilman Wri�ht inquired regardipg�the �
value oP the proposed extension by Mr. Christenaon� City Engineer Qureshi
replied it was about �300.00 to $400,00. Mayor Nee inquired;,oP the City
�Engineer ii' draining this sump was necessary to the co�l�.tt�ent with the
State Highway Department. The City Manager repl3ed it wae part of the
contract and the contractor was ready to do this work. ,�3,tg�Engineer .
Qureshi stal.ed the State Highway Department was not'participating in
Lhe draining of th3s hole. Councilman Wright inqulr�d,1P the;,remainder __;
of the drainage ae�vice would handle this capacity�i��it were,eubee-
quently built some time in the future.. The City Manager replied it �
would be more expensive. Mayor Nee inquired of Consu].ting Tpg3,neer �
Comstock what the obligation of the City was. Mr. Cometock.replied
they could delete this work from the contract and it F*ould be 1ese.than
20°� and it would be no problem but it would not answer the problem and it
shou�d be taken care of. He explained that the propoaed eaeement,to this
area was lar�er than the rest,of the district because oY the necessity to
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drain this property� and it was propoaed to assesa this property at a
higher�rate and it wss the connecting facility that had not been accomplished.
Mayor Nee ssaerted they propoaed to get any easements the engineers needed,
Mr. Comstock explained he had•meant thie was not stxeet property, Mr.
Winters explained he did not want the City•Council to misunderstand h3m�
that he�wovld riot be able to use thie land and even though he had rece3ved
3t iYee� 3� did not me.ke any difierence and if the City wau:�d put in the
line Pr�ee Por A1r. Chrieteneon� he would give hie ehare, Mayor Nee asserted
it was hia vi'ew the area had a day to figure out if they wanted the hole
drained. Councilman Kirkham etated he did not think Mr. Wintcr's propoeal
� was unreasonsble at all and would be willing to accept the of'fer. Council-
ma.n Sheridan agreed they had heaz�d from the coneulting engineer they had
expendcd;e,ddit�.ona.l money to lower th3s area. •Mayor Nee repliec3 he couZd
not rationalize giving an easement awa,y and buying it back but the matter
wae a� the discretion o� the City Councii. Councilman Wright inquired iY
Mr. Winters realizect ii they did not proceed with�this addition to the
improvement that both he and Mr. Christenson would be assessed for the
neceasity of lowering the othex line to take careof this problem. Mr.
Winters inquired ii the money he vmild be re3mbursed wnuldn't take care
of the asseastnent. Councilman Wright stated Mr. Winters wovld noi, be
reimbure�d. Mi�. Winters replied if he were given the $500.00 he would have
money to pay the asseasment.
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Motion by Rirkham to pvrchase Ymm Mr: Sohn Wintera property c�eecr3bed
as a aix YoQt easement fpr Storm Sewer or that part oP the Last half oi
the vacated a11ey 3n Block 3 oi Rees� Addition to Fridley Park for $500.00.
5econded by Sheridan. Upon a roll cal]. vote� thoae voting ayey Kirkham�
Sheridan� Wright, Those voting nay� Mayor Nee, The�motion carried.
Mayor Nee ann0unced the item to be considered was the proposition to
secure an easement'from Mr. Art Chrietenson in return for an extension
of 50 ieet. �
_ Motion by Wrigkst to aeeure an easement from Mr, Art Chriatenson in return
ior an extension of 50'ieet to the s�orm sewer on the property described
as: a aix ioot easement Yor storm sewer or �that part oi the 4Jest ha].f
of the vacated alley in Block 3 of Rees' Addition to Fridley Parlc,
Seconded by 5heridan, Upon a roll call vote� those voting sye� Wl�lght�
Sheridan� Krikfiam. Those voting nay} Mayor Nee. The motian c�rried.
City Engineex Qureshi explained� in this xegard� it ehouZd be pointed out
the extension o�' this sewer line 50 or 60 feet wae against the engineering
point of view� that the pipe would not have enou� cova�on it Uut Nr,
Chriateneon had esid he would take the reapon�ibility of working the
line pxoperly and they would have an agreement with him that he would take
care of thst 50 or 60 feet of line. He requested City Attorney Smith
draw such an sgreement.
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Mot3on by Wrlght that the City Counc3l authorize tihe City Attorney to
drsw an agreement with Mr. Art Christenson pursuant and in accordance
with proposal of City Engineer Qureshl that Mr. Christenson would main-
tain the 50 feet oi pipe �o keep it from freezing on a six foot easement
forstorm sewer." Seconded by Sheridan. Upon a voice vote� there being
no nays� the motion carried unanimously. �
OI13 BUSTNESS•
___ BIDS ori 5w #70 (Tas�D l0/19/64) :
Mayor Nee announced for the considerat3on of the City Counc3l the bids
for Ssnitary Sewer and Water Improvement Project No� 70 opened on
October 19� 19�+ and stated it had been the policy of the City not to
let contracte'until they had all the easements needed for a project. The
City Manager explained they had received assuxance that they might have
the easements by now hut one easement would have a condition placed
on it'by tne owner oi 'the property because one Iot of his proposed plat
was on the co2ner oi tk�is proposed easement and it has a square footage of
9�000 Peet,� It was explained the condition of the owner way that the
City Council would permit that lot at a smaller or lese than the required
9�000 ieet.'Mr. Comatock� consulting engineer� explained the plat in
question and the City Manager also expla3ned the area in detoil. Mr,
Comstock stated the record should show there may be a problem with a
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triangle on I,ot 16 of the property in quest3on owned by�Mr. Veit which
has been divided according i.o the County record and if there were diiferent
ownerships,an area would have to be purchased. It wae explained by the
City Manager he had talked to Mr. Ve3t and he had placed only thia one �
condition fox an easement and if the City Council wished to table,this
item until the 16th of November it could be resolved. Mayor Nee asaerted
the question still before the Council was the question of having easements
bei'ore they took any action and the question was if they ehould let bida
on Project No. q0. _
Motion by Wright to table the,conaideration of bids on Sanitary Sewer and
Water Improvemen�; Pro�ect No. 70 until the next regular meeting Rnd in- -.w
struct the City Mana�er and City Attorney to make every effort to have
all easments required by this time, Seconded by Itirkham. Upon a voice
vote� there being no nays� the motion carried unanimously,
NILLTOP CONPRACT FEE SCIiGDULC (Tas�n io,l5/64) :
Mayor Nee announced i'or the consideration of the City Council a contract I
which had 6een tabled from lo/5J6�+ £or fire protection for �he V311age �,
of Hilltop, 'Phe City Manager explained to the bity Council it appeared�
in discu�sion� that a figure of $2�+00.00 would be the f,igure that ahould
be considered per year for the contxact and using thie with the present �
contract oP six months and basically the same worSing� it ahould he �
satisfactory, ]le i'urther-explained the auggestion here was that it would
be a flat fee ot' $2�F00.00 per year or $200.00 in twelve equal installments
with �n �ddi�3ona1 sum of each trip at �i100.00 for the fir'st hour or
fraction thereof� and the swm of $75,00 for each aucce@ding half-hour or
fraction thereof for thepqSmient of two pieces of Pire apparatua dis-
patched and six men. It was als� explained for e�ch additional p3ece of �
equipment and crew necessary the rate of pa,yment was to be $50.Oa per hour I
for each hour or fraction thereof. The orj:�inal figures� according to the 'I
mport �;iven by the City Manager were $75.00 snd $90.00 rather than the I
figures of :�100.00 and $75.00� given and for each additional piece of
a,pparatus,-the rate of payment was left the same; that thie was merely � i
1;rying to give the City Council some figures to work from ar to. Council-
man 47r�ight inquried if the staff of the I'ixe De�nrtmen�s had aeen these �
proposed figures. The City Manager replied he had diacussed the matter
6riefly with thePire Chief ond had advised the Council of the,Village i
of Iiilltop this presentation would be made tonight but had adviaed no
one eJ.Se. - _ .
Mr. Robert,liughea� Ch1eY of the Fridley Fire Depextment� expleined '�he I
Village of Hilltop has their Council meeting the same eve�}ing ae Fridley
but he had posted a latter regarding thie matter on the Fire De�artment I
I�ulletin Board. Mayor Nee inquired ii he could expresa the reaction of
the I'zre Department, Mr. Iiughee replied as iar as the Yee� th� men,were
unacqua3nted but they had just been oppoaed to eontinuing,the egrvice to �I
Iiilltop and some .of them had £elt Pr3dley was giv3ng them eomet�hing, I
cheaper then they were giving their own eitizens. He explained i
he felt i,he fee schedule would pay the city for the egqipment and the man i
power. P�ayor Nee inquired if it would provide inducement for the men and
i£ Mr. iIu�hes knew what Hilltop could buy the service from New Brighton
for� that at had been the hope of this Council this would provide some '
motivat3on for the Village of Hilltop to form their own department, Mr.
Hughes replied he did not know, hir, ARt Olson� member of the�Fridley
Pire Department� stated he had heard a rumor that New Brigh�on wae willing
to provide service for ;�3000,00 a year� that the majority oY the de�rt- I
ment wished to cancel the contract but it had,been left by them for the ,
City Council to decidew , w
Cmuncilman Wright stated he felt he was correct that it was the"general
position of the City Council they e�eed they could not juat,dxop the
Village of Hilltop and wished to set a price high enough to induce them
to go elsewhere or do something about a department of theix own. Mr.
Ray Andereon� member of the Fridley Fire De1nart�nent� asaeFted,,�.i thie
price would be high enough so the Village of Hilltop wopld go ahead and
form thier own depar�ment it would help but the price was,moatly„heresay}
that he had heard Spring Lake Park had said they would give service for
$�+�OOp.00 per year but it could not-be determined�ae defin3�e wliat the "
other de�artments were going to do. Mr. Hu�hes stated that� money-wisea
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the contract was sufficient as far as the inconvenience or what it would
coet Fridley end they did not go to Hilltop very oYten but that the
equipmettt should be'pperated with at least 5 men on each pumper. Council-
man Sheridan inquired then if hia reco�endation would be to change�thie
propoesl to five men and increase the fee to $3�000.00. Mr. Hughes re-
plied he Yelt'the fe�e at $200.00 a month.would be eufficient an3 they
would be allowed to send ten men on a ca11. It was expleined the City,
out of pocket money� would be about $30.00 if this were followe3, Mr.
Hughea asserted an average call wae 27 men approximately. The City Man-
ager replied thia would then be a cost ot' $75,00. Mayor Nee inquired if ,
ase�ing there was a call ior two piecea oi equipment and then ten men
at $100.OQ for the firat hour and $75,.00 aiter, if this was reasonable
and if tl�e'depe,rtment normally used two pieces of equipment. Mr. FIughes
replied thia was satisfactory and they did use two pieces of equipment
normally. . ,
t
It was e�rplained by the City Manager the contract with the Village of
Hilltop is ior six mdnthe� automati�ally renewable for another si�c months.
Councilman 3heridan inquired if with the 30 da,y cancellation clause� Fridley
wouldn't be put�ing it-self in a poaition just se they were now� that the
contract should have a ninety day cancellation. Msyor Nee replied according
to what had been said it would be cancelle@ in fiv� montha. Councilman
Sheridan explained if Fridley were to give Hilltop 90 days notice� they
would have three months to work on something themeelves and Fridley would-
n't feel th�y had the obfigatiou they,now had and if they were to give them
a contract for aix months� in three months they could give them notice,
Councilman Wright etated he felt thirty days just eaid they could give them
lesa than a ninety day notice. Mayor Nee suggested a flat annual contract.
Councilmsa Sheridan atated it wae his opinion that Hilltop could not solve
their problem ia eix monbhs, Councilman Wright inquired if all other
terme of the preeent contract are satisPactory. The City Manager replied
the only thing pertinent wss wh�ther or not the City Council wanted sia.
monthe sutomaticelly renewable and otherfactore,were worked oµt for the
— protection oi the Fire Department and the C3ty of �'ri�ley, It was in-
quired if it could be set up eo that each six months would have an in-
creasing rate and iY this would induce Hilltop to work on thejr own problem.
Mayor Nee replied he rather doubted H311top would get any action in six
monthe. Councilman Wright etated he was disinclined to do this to the
Vill.age oP Hilltop� that he uould like to tell them they have the guaranty
of these ra�e,ior one year and that would be the end of the contract; that
thie would lie'plenty oP time and they could do their budgeting correctly
and 1P this wae the gim it wae the fairest way to deal wj.th them� that
it wasn't right to Yorce another coffimanity to buying fire equipnient.
Mr. Hughes atated the Village of Hilltop had been very well sai,isfied with
the protectlon they had given them and had stated they would be willing
to go along with.thl�,agreement and were willing to hire one of the men„of
the Fridley Fire�epartment to inepect their,property and this would be
a money mak3ng nenture. He further stated the price was fair to�Hilltop
and they were not in a poeition to;protect themselves but perhaps at the
end oP the„° year they might go to another co�nunity even though they had
never complained about the eervice Yrom Fridley, It wae sug�ested by
Mr, Hughee the contract be for one yeas and it could be renewab]e upon
mutual agreement and be renegatiated but not to raiae the price as they
didn't anewer many alarme but shou].d have fire protection. Councilman
Sheridan asaerted the $200.00 per month figure was not r.too much to pay
for �ire proteetion. Mr. Hughee explained thet even at the time of
developing their own department, the Village of Hilltop would have a
neceseit,y for Fridley to have a standby agreement in case they would
--- need additional equipment because�they will not be elig3ble for mutual
aid.
Motion by Wright that the City Msnager be authorized to draYt and execute
a contract for the Village oi.Hi,l�top w3th rates as mentioned to extend for
a period oY one cslendar year with no guaranty of renewal with the revi-
aion of ten men instead of eix on two pieces of equipmen�. Seconded by
Sheridan. Upon, a voice vote� there being no nays� the motion carried
unanimously. Mayor Nee requested that Mr. fIughee communicate the action
of the City Couneil to the Fire�"Department.
SECOND READING OF ORDINANCE AMEDIDING SECTION 31,02 FIRE:
250
Mayor Nee announced for the consideration of the City Council the�second
reading of an ordinance providing for the appointmen't of°a Fire Chief
and stated there had been a requeat irom the department that they would,
like to have this item isid over to the next meeting.
Mot3on by Sheridan to table to the qext re�ulax. meeting on the 16'th o�
November the consideration of the second reading of an ordinance,amend3ng
Chapten 1 of- the Pridley City Code bg proViding Yor the appointment rof
a Fire Chief on a full time basis and repealing that portion ai Sect3on
31.02 of the City Code providing for ihe election of the Chief of��Ghe
Fire Depa,rtment. Seconded by Wright. Upon a wice vote� there being
no nays� the motion carried urianimoualg. Mayor Nee inquired if Mr.�Hughes�
would address the Oouncil, for i,his benefit and Councilmsn Kirkheais�''and
give the reason for this request as they had not been p�'esent at �Che meet-
ing of the Fire Depsrtment some nights previous, Mr. Aughea explained the
department had not had an opportunity to d3scuas thia matter� there were
mixed feelings among the men and they wanted to talk it over. Mayor Nee
inqu3red if i;here were anything in particular about.the lines of suthority
thet should be considered. Mr. Hughes replied there had been miXed �eebings
about a paid chief and why he should be put in office-and some of the'men
had felt this should he a civil service type pos3tion and the'oY'dine,nce
called for an appointment.
BIDS - US�D SWPEFTR (OPI;NED NOON� NOVEMHER 2� 1964):
Mayor Nee announced for the consideration of the City Council the bide �
received this dny on a used aweeper. The City.Madeger explsined to the
City Council he had aeked the City Engineer to check into the possibility
of the purchase of a new sweeper based on their practice-OP s0 muCh I
money down and the bslance later to see ii they could work this matter
out� that their preaent set up wae to budget� or expect to� the down�pay-
ment of �4�000.00 and $2�000.00 for the Pollowing year eatimating the
used sweeper at �6�000,00. He further exp].ained the C3ty Engineer had
reported they could purchase tvo new aweepers to be paid 1n,1�6�F,andli965,
one at $11�000.00 and the other Yor $i3,600.00, The City;Maaager read
the bide received thie day for a Used Street Bweeper as fo].�owe w3thl,
City Engineer Qureshi� Engineering Assietant Clark and himsel#' preeent:
BALAN�E � PEGYMENT� ' DELIVERY
BIDDER BID SECURITY LUMP Si1M BID ON JAN,'7y"1965 , DA7�
FIall Eguipment� Inc.
236o s, xwy. ioo
Mpls� Minn.
Seaboarrd Surety Wa,yne-
y-� 4 yd.
$8�850.00
$4,850.0o io aays
�
Road Machinery & Certified check Auetin - $21000.00
Supplies Co. $310.00 Western -
1+901 w, 78th st, �+ 3'�• •
Mpls,� Minn. $E}000.00
MacQueen Eq. Co. Certif3ed Check Austin - ,;
1563 Como Ave. �350.00 Western - 0-
St, Paul� Minn. 4 Y�•
$3,500.00
Bituminous Roadways� Inc. Amer.
2828 Longfellow Ave. Casualty Co.
Mple.� Minn. 55�+07 5`�
�lgin-White _
Wing .III
3 Yd•
$6,995.00
Tennant 2 yds,
100 vactmiized
$3,950.00
� , .
� � ' � l0 daye
5-7 days
$2a995.o0
� ,��,
- 0 -
_J
� 10-20 days
' I
10 days
�vl
_ `•
City Engineer Qureehi reported to the City Council re�arding sweepers
lietin� them in the order of condition� etc. It was explained by the City
Manager iP the City Louncil were to awexd the bid to MacQueen Eq. Co, in
the amount of $6�995.00 this would be eatisfactory but if they coneidered
rejecting �he,bids the� new figures he could give them on new machines
were jtiet quotati6nQ-and then they Would call for bida on the basia they
would have apprqximately $7�000.00 to,pay plus the be].ar�ce tQ pay ior 1966,
that a.iqi^no time had City Engifleer Qureshi� Supt. Cheaney or himseli wi�hed
_ to buy a used piece oY equipment but it was diacuased at budget time and
this wae all the City could sYiord. He further explained it appeared the
valuation of Fridley,was coming in better then what they had expected so that
they would still be elright mill-wise� but would have to to.ke �1,000 out
of,�he reaerve 3und and the item would have to be budgeted in 1966. Mayor
Nee inquired 3f the Elgin White Wing ITT machine bid was a one man opera�
tion and did thie imply others wovld take more �han one man. City
Engineer Qureshi replied one man would sweep the streets and load the dirt
becauae they v7ould have the loader and the sweeper together� that this
was a truck plus a eweeper and ie s combination. He,furtkaer explained
that on the uaed machines one man wae eweeping and one man was loading
and taking+tHe dirt awayy Councilman Wright inquired if he was saying
the new machines are a truck also. It wae explained by City Engineer
Qureahl Minneapolis has this kind of a sweeper and they have a big
capaci�y and;eweep and drive away too� that the �lgin machine k�as a
loader: He ststed that Mobile aweepere actually have enough capacity
end enough�epeed eo that they can be driven to dump their load and are
built on a truck Prame. A diacuasion was held regarding the difierent
sweepers� new andtused� their,uses.snd me,npower needed to operate them
efficiently. C3ty �ngineer Qureshi e�lained the used eweeper was only
a sweeper and not a loader but the new machine would have u loader. The
City Manager etste8 the Elgin White Wing machine ie the leader in the field
of thie type of equipment. Counc3lman Sheridan inquired iY all the newspapers�
new or used��had eome kind oi water equipment on them and was told they
did. Councilman Wright inquired what �the recommendat3on would be if
- theae were Yirm bids. City Engineer Qureshi replied the Mobile Sweeper would
be the machineSbecau�e it was cheaper. Councilman Wright inquired if he
had done a etudy of the environment. Citg Engineer Qureshi replied he
had and for the Ci�ty they could do very well because this machine hnd a
3 1�2 yard capacity, The City Menager stated the question tonight was if
the City Council wished to buy a ased sweeper or reject the bids and direct
the adminietration to advertise ior bids: that the only urgency this night
was this was a pert oi the budget. Mayor Nee inquired if' i:hey could hold
theae bids until the next meeting� that this really was a proUlem the City
Managery City Engineer and Sun�riptendent af Public Utilities should ma.ke
a reco�endation on. _
Motion by Kirkhgm to table the consideration of a etreet �creeper to the
next regtxlar meeting and hold the bids received this day with all bonds
released except that of MacQueen Equipment Company of 1553 Como Avenue
St, Pau1��Minnesota. Secorided by Wright. Upon a voice vo1,e� there bein�
no nays� the mot3on carr3ed unanimously.
BUS SERVICE: �
Mayor Nee�announced for the considerat3on of the City Council i:he bue
service diecusaion Yor an extenaion oF service, Councilman Wright
asaerted that the preeent situation we,e still be.d and had been deteriorated
since tl]e last discusaion and aince additional citizens would be eerved by
the proposed route oi the Twin City Lines� Inc, and the discomforture
could be'spread �xroLmcl!by'approving the new route� he would like the
Council ta'reeonaider their action of last Sune at which time they did
approve the.proposal of a revi�ed route and authorize that proposal ii
they were ati�.l willing to do it, He explained it would change the raute
from 3te present route,ending to No�theon Univeraity Avenue to 67th
thence to Monroe»andrthen to Miesiesippi Street and back to iJniversity
Avenue on Miseieaippi Street and during the winter monthe 1,hie would be
the most benefit and in the epring it would be closed 6ecause of highway
construction. Councilman Kirkham atated he had had closer contact
with thepeople afiected and inquired of the xesidents present ii the
repair on the atree� afiected had helped. A resident stated it had
helped some but not enough, Councilman Kirkha,m inquired if it could be
said the street coizld be still made better. Mr. Ray Anderson� resident�
asaerted thtit most of the people riding the bus come from i:he other side
of 67th Street and ii the new route would be established� it would give
,� ) �i
the teachers �t the school service� etc,� that they had only one or two
people on 66tY� Avenue that do use the bus service and with the swalea
on the si,reet} they had many,people complain about their basemeats
crai�lcing up undeT the trafiic of the busses, It wae explained the residents
had preseni,ed a petition at one t3me to reroute the bua'.t Councilman
Kirlcham s1,tiLed with the condition 67th Street ie in� it wouldn't solve
tkie problem at all and iP the bus were to be rerouted� it would have to
be elsewhere, Mr. Anderaon agreed that 6�th Street wouldy 1Y the bus
seivice were to be changed to tlaat street� crack as 66th had, Councilman
KirY.ham stated it was his opinion the bus service would have ta be ta.ken
off these two streets entirely and further stated�it had been suggeated �
to make another type of a turn on Miesisaippi Street. The City Menager �
replied the Twin City Linea, Ine,a had al most decided to make a, tvrn —
around at the Methodiet Church park3ng lot but they eaid there wouldn't
be any guaranty the church lot woald be clear of enow and there would
be the i'actor•of children.
Councilman Wri�ht inquired if they couldn't reopen aegotiations with the
`1'win City Line:�� Ine.� by•telling them the City CoUncil was inciined to a
compromise and perhaps they could go down to the next�highway department
extenAion. The City Manager replied he felt they would'be willing to meet
with the City Council but the closest axea they had been willing to talk
a6out had been Monroe Street and back to University Avetiue�. CoUncilman
Kirkham �ug�ested the representativea of the Twin City Lines� Inc,� might
be willing to come to Fridley for a meeting and further suggested the
Cii,y Manager contact the bus line people and ask them to appear'at their
earlieat convenience. Mayor Nee inquired if there.were anyone preeent
that wished to cormnent on this�problem. Mr. Jim Thayer� residen�� stated
they had had the bus line on 66th Avenue a long time� that'1t.had been
a temporary route that they were asked to accept as a condition oY getting
a bus service in Fr3dley and had been told they wouldn't'ha*re it long and
the bus company was supposed'to find another route as eonn ae 3t was possible
to negotiate a better place for it and the people had been mo�t patient.
He explained it had created a severe he.xdship on m8ny of the'�residents and
felt it was t3me the City Council recognized thi6 and did sotaethYng about
it. Councilman Kirkham asserted the Twin City L3nes� Inc,� ahould be
acked to i7ruuediatelq make their turnaround on the City�property alongaide
the City Iiall and they could be using that for a turnanbund while they
were negotia.ting for a new route, . �
VISITOR;:
Mayor Nee inquired if there were anyoner not 13sted on 'the Agenda,� who
wished to be heard. There was no one present who wiehed to be'heard.
R7�R�STPD VACATION OF 6�+ 1�2 AVEN[JE NORTfiF�AST:
It was explained by the City Manager to the City Council there was a,
problem with the car wash compang they had approved in that it,r�quires
a set back and at the time tYie owners had come beYore the auilding Board
there was no apparent prpposal that indicated that part oYuthie property
included a street. He explained that Mr. Nymark� of Gift Hotiae Stamps�
had at one 1,ime petitioned to have all of 64th Avenue uacated an$ the
Planning Commiseion had held them back advising them to�get a petition
from the area and they woald consider it and when thE� 8Q Foot setback
came up� Mr. Nymark asked what could be done and the only thing he could
tell him was whether or not any portion of that a�Creet could be aaacated.
Tt waa further explained by the City Manager that one aide oP the Dairy i
Queen buildin�r would lose acceas and he had�told Mx. IVymark there was I
no guaranty anything could be done but Mr. Nymark had'talked to the people _,
and indicated he wished -�o talk to the City Council about it. Mayor Nee
indicated he was interested 3n knowing where the progerty would revert
and did part of it go to the marine'store placined. The City Managex
replied it all would go to the GiPt; Houae Stamp Com�ny. Councilman
Sheridan as�erted the street was a oondition of the p].at when it,,was
platted for the development af the National Tea Store and inaemuch as the
land owner did not have any overall plans ior the pTOperty to the West� it was
a condition of the plat and was dedicated to the City. He iurther stated
the property coiAl.d have changed•hande a number of t3mes�eince then� but
Felt the Streets and Utilitiea Commiesion should xesearch this completely
,y,r v +y
beYore any x�eco�endation was made and would certainly want to reeeach
it hims0lf. The City Manager replied he was not auggesting it not be
researched� that he had juat been asked about the poaeibilitiee. Council-
man Sheridan aeserted he would be iffclined to say it wovld be reverting
back to the original developer. It was explained by the City Manager the
area '�ttat has the Standard Oil station 3s a plat and thie pieee was put
out of the plat south oY that.
� , ��
Councilman Wright asserted the City Council had been dealing one at a
_ time with individusle and this matter ahould be settled at s Ylanning
Co�ise3on meeting to which all of�the partiea in the area� namely, the Giit
Hou�e 3�amp Company� the Standard 011 Station� the.Dairy Quean� Rice Plaza
Shopping Center and Mr, Exick LaUine ehould a11 be invited and it should
be worked out in an integrated pl�n ae it was a critical corner. Council-
man Wright suggested the Planning Co�ission ehould be requested to hold
a hearing inviting all abutting property owners to a meeting.
Mr, Pau1 Nymark� representing GiPt House Stamp� was preaent and stated
there was eome queetion as to where the property would revert, that he
had.a doot�ent'executed in 1959 at which time the 64 1�2 Avenue was given
by Gift Housei3tempetto the City o3 Fr�dley and in exchange for thls
there wae a change'in the easement from 80 to 25 feet and the entire 60
ieet in question would come from this piece oY land. Mayor Nee asserted
-th16 would then be a replat of a plat that was platted. Mr. Nyrdark ex-
plained,to the Ct�y Council irom a survey^he presented� an agreement
giving hali� bf the 1�xid to Mr."TraVirie. He stated he had also talked
t to the Dairy Queen Qwnere� to the Standard Oil people and they all had
�sa3d whatever everyone eTae�wanted vtae�astisiactory with them, that what
3s propos�d ie�e'permanent,60 f0ot easement and it could be made a matter
oi record. Mayor Nee inqu3red why a��60 foot easement was needed rather
than a 30 ioot eaeement. Mr. Idymark replied a 30 foot easement would be
fine but their main interest was gett3ngthis vacated, .It was explained
by the City Msnager"the people in the area d0 not want thie called a City
street.� Mayor�Nee stated he was peraorie.11y intereeted�in not making a
- hardehip �or the'spoYt etore planned. Mr. Nymark explained h3s company
thad��,].ready eettled with Mr. LaVine� that Mr. LaVine had talked also of
additional perking. Councilman Wright asaerted there wss a problem also
of no ac¢ess behind R�.ce"Plaza Shopping Center. Mr. Nymark replied the
requeat be3ore them would also take care of this problem and there would
be ample room'for accees.
s,
Mr. Nymark explsined to the City Council the car wash company would like
to etart building very aoon because of the weather end they had been
hoping to get initial approval and then get the necessary signatures for
the vacation needed� that he had talked to the Standaxd 011 Company and the
Dairy Queen people in this regard, Mayor Nee repl3ed it was his personal
feeling if they could provide more depth and still maintain an area that
wpuld aerve i,9,ttd le8.ve a etore eaeement� he would he in favor oY it.
There was'a diacuseion held regerding accees for the osr waeh. Mayor Nee
inqu3red''tegardi'ng the etorm sewer and where it wo�il.d drain. City
Engineer Qu"reshi replied �hat basicalj.y his department did tell the
-people how to,drain their property.
Me.yor Nee asaerted tbat the building that was atarted without Council
approvel onl0sborne,Road wes not drsiuing prpperly. City Engineer
Qureahi explained that a few montha previous, they had eet up elevation
standesds and with these elevationa� �they make it a point to have people
drein thelr �rapei-ty to the public etreets,
�
- City Engineer Qt7�eahi suggested�to the City Council hie stafi could draw
up the area'and put it all into one picture. Mayor Nee 3nquired if
Mr. Nymark would petition for the vrycation now and thie would eubstanti-
ally eatie�y the nee@s of the �ity� that Mr. LaVine would beneiit from
participating in thiq va.catioxi. Mr. Nymark ste.ted they had arrived at
sn agreement with Mr. LaUine for the 30 Peet required. Mayor Nee ex-
plained they di.'d need atpetiti,on ior the agreement snd to split this
area ha1P and i�a�.f and to mainta3n the,South 30 feet as sn accees.
" hf�. Nymark atated tkiat one of the thinge Mr. LaVine talked about� if
possible�rsther than m9lntain�thie� would be a permanent easement and
would be a 8trip out of tl�e center so that they would each benefit by
� some pasking. CoWncilmen Sheridan aeserted if there was an a.greement
from the property owners to the effect that there would be a public
hearing for vacation oY 64 1�2 Avenue with the understanding that the South
30 feet would be e public access easement and the North 30 feet would
revert to the properties to the North� he would be in agreement tirath this.
�J��
Mr. Nymar!c explained the 30 feet reverting to the property owners oc� the
North side, as he understood it, was that the whole 30 feet would
�o to Mr. TaUine and he had ielt perhapa 30 Yeet of thia actually didn't
belon� to him;that Mr, L�,Uine claimed that at the time thia was`platted�
he had to g3ve up hia rights to 30 Peet but he would be willi�ag to go
alonp, with an entire 60 feet easement, Mayor Nee atated thst they were
talkin�; aboui; vacating the entire 30 feet.South and North and an ease-
men1: on the South 30 Peet, � '
Motion by Sheridan to issue a building permit for the Kwiki Car Wash
Company with the underetanding the South 30 feet of the right of way
of 6�+ 1�2 Avenue Northeast the City of Fridley would'reccive a permanent
eaeement into,the area and the North 30 feet woillfl rever£.to�the'ebutting
property on the North. The City Manager assexted,iP�,Mr. LaVine didn't
agree� they wouldri't 3ssue the building permit. Seconded by Kirkh�m.
Upon a voice vote� there being no nays, the motion Carried unanimously.
PUfJLIC I�AR:CNG ON RG-ASSESSMENT OF S& SS #21EB:
Mayor Nee announced the reopening of the PiThlie Hear3ng on'the reassees-
ment oC Sanitary and Storm Sewer i�rovement Project PIo.� 24B with Mr.
John S. IIolten of Faegre & Benson� attorneya at Law� repreeenting the
Minnesot�, and Ontario Paper Company to apeak initially. ^
Mr. Holten attnounced �he and hia asaociates did appreciate thia coneider-
ation to allow them to take notes+of thie meeting and Wished to'�m+�ke hie
presentation in three parta, He esplained.the��irst`part of th3q was his
presentn,i,ion of a letter to the City Council aetting forth their'poeit2on�
L-he aecond part was a letter of appraisal and the third part was a report
or ietter to be presented by Mr, Duane Elliott'of Banleter,,Engineering
Company, cansultants of the Minneaota and Ontario'Paper'Company,who would
give his summary and phyeical features snd engineering se the'company aaw
this problem. Mr, Holten expla3ned to atart out and to eav� unneceasaY�y
writing and t,o enable the City Council to Yollow their preeentation more
easily he had had a number of copies run o3'f snd wou].d deliver to.each oi
the members of the City Council a copy so they could Yo11ow hie reading
and� with permise3on� would-read the�letter through. Mr. John�S.•�Holten�
attorney oP the law firm of Faegre and Benaon read,the Yollowin� lAtter
addressed to the Honorable City Council of Fridley� Minrieaata daied
November 2, ]964:
November 2� 1964
Honorable City,'Council � -
City of Fridley� Minnesota -
,
Gentlemen:
- As attorneys for Minnesota and Ontar3o Paper Company (','M �'0")�
we must respectfully object to the propoae& reaseeasment of,ite land for
the atorm sewer portion of S�orm and Sanitary 3ewer Project 2�+-S. We do
not base onr objection on any defebts in the proc�edings'leaditlg�up to the
original assessment nor on the policy.of the Couhcil to�Yinance,local im-
provemeni,s� so far as possible� with apecial asaesementa. We recognize
that technica]. defects 3n the ori�inal proceedinga do not deprive the Council
oi jurisdiction to reasseas, We aleo recognize'that thz,Council"has ��
diecretion to determine whether or�not an improvement aha17. be ma3e�,snd
also whether the coats of an improve{nent shall be agsess�d to the�maximum
of henei'itE on benefited land. instee.� oY from general �funde. , i7nder the
Constitui�ion and laws of th3s State� however� the Council has no discretion
to levy an asseasment on any land in excess of beneiita� aad aesesaments
on all benefited property must�be la3d in proportioh '�o be,nefits; �In � �
computing and apportioning benefite� you have the,duty t,o eat'reaaonaply __j
and fair�,y� without ulter3ox considex,ations oi fiecal policyy�aad,on+�,
correct principles oi' law. . .. � ' � • � �
For yonr information and review�'then� we eha11 brleYly outline
the hfstory and nature of the improvemen�� ite relation to and Cffect on the
M& 0 1and� and our view oi.the cox'rect principlee oE law ahd their �pplice-
tion to i.he propoaed reassessment.'Evidence supporting ata'temt�ats of Yact
we mcike are contained in various City records� including particularly the
Preliminary Report of Comstock & Davis� Ine. of March� 196Q and�the City's
, ,.
�Ld aS i)
topo�aphical survey� and in statements me.de,by Mr, Comstock in his deposition
taken July 3� 1963,ia connection with the appeal of the original assessment,
of w�ich the City,Attorney has a copy„ and will be �urther eubet�ntiated
by atatements tq;be eubmitted by,Mr. Duane Elliott of Ban�,ster Engineering Co.
and by�Newcomte,& Lawrence� real estate appraisers, Mr, ElliBtt is consulting
engineer for n�erous municipalities in this State and has kiad exten�ive
experience �.n the deeign of local improvments and in computin� epecial assess-
ments for auch improvementsf including atorm aewer aystems. Newcombe & Lawrcer�ce
are,experiericed andwaLl,qualified appraieers of real eatate of all kinds and
are Pamiliar with the M& 0 property� having made an appraieal of the M& 0
property� i'or purposes of aetting a sale price� before thie 3II�rovement was
constructed,
� Ttiose of you who were then on the Council will recall that Storm and
Sanitary Improvement Project No. 2�+ was inetitu�ed in 1959 by reference to
the City's consultin� engineern Mr. E. V. Comstock of Comstock & Davis� ior a
preliminary report on whether it was feasible and advisable to provide a
system of etorm and sanitary sewer interceptors for that part of the city north
of Rice Creek and east oi the Great Northern Railroad tracks. The preliminary
report on �'.horm sewer div3ded the area into several subareas designated A� B�
C, C1� D� E and F. Areae C� Cl� D� E and F were contrseted far sepsrately�
and the work on these arese came to be identified as "Schedule A work." Later
a contract was let i'or the balance of-the Work recommended i� Pl�n 1 of the
Report� and thie work came to t�e identiiied as "Schedule B work" though it was
within ths as�a vxiginally designated as Area A. You can aee from the drawinge
attached to the Report that Ares A ie tk�at part of the City Yrom 73rd Avenue
north to the,noTtth'city limits and,frOm Highway No. 65 east to �he eaet city
limits aud,t�at �rea-B also extende from Highway No. 65 eas� to the east city
limits and extettds aouth from 73rd Avenue to Rice Creek. M& 0 owne two tracts
oP land in Area &� the Southeaet Quarter of Section 12 (from 73rd Avenue to
County Road H and �rom Central Avenue to the east city limits) and the
Sovtheast Q�uarter of the 3outhweat,Quaster oP Section 12 (west of Central Avenue
and noxth oi County Road �i,extended)�, these two tracte are eomewhat leec than
I- 160 acrea.and !IA'acres reapectively due to highway and railroad rights oi way,
When the SchedUle B workiwas completed� the CoLtncil asaesaed the cost of that
work against"the proper�y in Area A� and also againet the prpperty in Area B
north of County Road H and east of a line approximately 350 feet west of
Central Avenue, A11 this,�.and was assessed at a uniform rate of �1.91 per 100
square feet. ��he or�inal aesesement against the two M&�0 trQCt� totaled
$131r291.40. ;Believing that this assesement was subatan�ielly in excesa of
benefita �nd we,s'3nvalid because the Cpduail excluded the public from its
deliberstiox�e at, the aeseesment hearing and for other reasons� M& 0
sppealed to'the Dietrict Court� and aftex several days oi trial the assessment
was�annulled on IDotion oP the City Attorney pursuant to resolution adopted at
a special meeting of the Council. As auggested by the Court� M& 0 at the
conc7�usion of �he trial �nd several timea thereaftar offered to mnke
available to the City� on request� hir. Elliott for consultation and his data
and findings. In i'sct� a copy of hie original report dated November 16, 1y62
entitled "Review of Storm Sewer Assessment�-Area 2�B� Fridley� Minnesota� for
Minnesotg;:;& Ontarlo�P�per Company " and hia supplemental report dated July 11�
1963 entitled "Review oi Stprm Sewer Assessment Area 24B� Fridley� Minnesota�
For Minneaota and OntaFio Paper Company" were given to the City Attorney prior
to the ca11 of thi`s,hea.f�iag on reasaesament. The body of the supplemental
report cpncludea as followa; t
, �
�"There�ore to swnmarize we auggest thai, the only benefit to the
, M 8a O;�property from gxound wa,ter dewatering is that area in the north-
weet eector of the 160 acre tract equaling 52 acres.
I Topogr&phic Mape indicate thatr25 acres of the 160 acxe tract� while
not used in storm sewer design could drain to 73rd E�venue. This are
ie outlined on Sheet 2 of two (�2) sheets. , ,
Zf thie area 3e used in computing the asseasment plus that area
described receiving dewatering benefits the following as�essment wou]d
result:
Dewatering benefits (52 acres) $ 5,6h3.00
Surface water runoif
benePits (25 acres) , 25 �+83.00
Total Assessment 31�1F .00
t
?5f�
Attached to the supplemenbal report as given to theCity�Attorney.is a
aheet explaining theee computationa and a sheet giv3ng gTOUnd water table
measurementa oF teat welle dug on the M& 0 property to eho+a the extent
- of dewatering, Mr,'�lliott will further-explain theae,figures� 'their
basis and significance� but it ia ovr contention ishat an assesamen'G oi
�31,146.00 is the maximum fair assesament on the M&`0 prbperty,"
Prior to this hearing and at our requeat� Mr. Hrunaell� the City
Clerk� wa� �ood enough to give us over the teleph�ne �he amount and method
of computation oi the'propoaed reassesament ofi the M& 0 property� es �
follows: �� ' � � I
_ _�
Total proposed assessment
�+3,5ho aquare feet of property zoned C-2
(General Business Areas} ati $1:91 per
100 square feet
201�2�+7 square feet of property zoned R-2
(Limited Multiple Family dw�llinga) at '
$1.91 per 100 square feet - � -
1�611 720 square feet of pro erty zoned M-2
�(Heavy Industrial Areas� at $7.64 per �
100 square feat,
$127,811.23
The total number of square feet come out to apprwcimately 42.6 acres. '
It will be recalled that-the original ssseasment of property in Area p'
and Axea B was also at $1.91 per 100 square feet. Under the notice of
hear3ng for thie reaseesement� only the north'80 ecres oP iche 160 acre M
& 0 tract is 6eing conaidered for reassessment, Ae ie'spparent from the
Oity's zonln� map� and the orig3nal aeaesement roll� there is pro� rty
other� than M& 0 px:operty zoned C-2� M-1 (Light Industrial Areas)� C=2-S
-(General Shopping Areae)� C-1-S (I.oca,]. Shopping'Areae) and C-1�(Loc�l
Business Are�s)� as'well as R-1 (Singhe Family Dwellinge Areee)'� hearing
assesamente at the rate of $1.91 per�l00�square Peet.''S12rtply etated� if '
this propo�ed reasseaement is'a8apted and allowed to stand�"'the effect
will be tihat 1y611�720 equare feet of the M& 0 property zonedNheavy
indtxstrial will have been assesaed Yor this improvement at $7.64•per 100
aquare feet while all other property� however zoned -- li�ht'industrial�
shopping� business or reaidential -- will have been aesessed at $1.91
per 100 souare Teet, We later point out that asseasmenta connot�'in our
view of the law� be inPlexibly determined eccosddng;,t6'uae or z`oning
classificotion� but at thie point we"call attent3on to the 'geneTal
workings of the zon3ng ordinance itselfr generally� uaes�°are ctmtulative
and not exclus3ve� e,g, all otl�er uses (residential� bueinees��ahopping�
and light industrial) are permitted in•an area zoned heavy induatrial;
there is no side_yard� fY�ont yard� rear ysrd or max3mwh lot coverage
percentage applicsble to any business� shopping or industx�ial tract
unless a dwe}ling or dwelling unit ie on or in�the tract; and finally�
•there are automobile parking etall provieions app].icatile to all uaee�
residential r�nd otherw�ae, �
The storm aewer� as mentioned, wae conAtruct�d subetanti6.11y
as outlined In Plan I oi Mr. Comstock's preliminary report �[ceptr,�h8,t
the outlet was moved £rom 73 1�2 avenue a�heli block aoutri'to'73rd aven�
and except for minor deletions on Onanoga Street and ffA�yes Street extended.
The outlet ia at the intersection of 73rd and the ditch shbwn in the draw-
ing attached to the Comstock report; the ditch runa eouth to Rice Creek.
Forming a T with the outlet and ditch is a bese segment'of�48" dtameter
reinforced concrete pipe running we�t from Central'paet the outlet and
to Trunk Highway No. 65. •Except £or a�7" RCP epur runaing a short
distance north on T.H. 65 from the weat end of thia base segment� the
princ3pal gravity flow ie from the northeast (from near the e,¢et city
13mits on 75th Avenue and from nees the east terminue'of Onad�go Street)
west to Central Avenue and then south on Central Avenue to the east
point of the t�ase ae�ent on 73rd. "All the pipe on Cential'�Ayenue has
a 48" diameter� as well as some oi the pipe at'the weet etld of 75tn
Atrenue. The pipe ie laid to a depth of 22 feet at"the'juuction at Central
Avenue and•73rd� which ia deeper than usu�l. or necessary for surYace
runoff purposes� but this deeper system was reco�ended� along with open
joint construction� to prav3de dewatering� that ie� a lowerin� of the
L��
water table. Mr. Elliott will go into that further. Mr. Comstock's Pre-
liminary Report,clearly ehows that the sewer was recovnnended and designed
to pro��de,drainage 3or Area A(north of 73rd) and that Area B(where
the M& 0�raperty ia lo4ated) did�not need flraipage. Under "C. Dis-
cussion of Exia�ting Drainage"� it ia stated of Area A:
" Storm,rupoif over this area is presently conducted through
ah in�ldequate syatem of culvexts� open d3tches� and �ullies
t6 e�Vieatualiy diecharge into RiceCreek. Some portibns of' this
erea have no;direct outletcand storm water builde up in scattered
impounding areae where it is either evaporated� absorbed into
the,eandy soil� or overflows to,reach the drainage sysi.em.
It 3s quit� xeasonable to sastmie that the lack oY adequate drainage
in thie area,hss hindered ite iurther develqpment."
As to Area B„ in�con�raet� it is atated:
•
"Dra,inage in Area B at the present time is a].moat entirely of_
the ,etu�Pace type with a mtnimumr,emount of culverting. This is
appaTently adequate with the present utilization in the heavy
3ndustriaj. ereas. The.area which ie zoned for reaidential usage
� has very,good aur£ace drainage to the west to an existing drainage
ditch which empties into R1ce Creek. Some minor atorm sewer
construction wi11 be reguired when street improvements ore
decided upon in thie area '6ut Por.the present the drainage
apiieare to be adequate."
�
Then it i's said in aubeequent portions oi the Report� under the heading
"D, Discuasion oi Froposed Drainage P].ans":
- "As l7as been pqinted out in the previoua discuseion af existing
drainage� the only areas in immediate need of storm eewer �re
Areas A and C„ Three p�.ans� which would serve these are�s� have
been propoaed for your consideration. .. The laynut of the system
�— servi.ng Ares A in all three plans is the same since this plan
proved moat economical. . ."-
and under the hesding "E. Conelueions":
"Area A� 3f eerved under,Plan 1� will be provided with storm
aewer of sufYicient capac3ty to handle the ultimate needs oi
the aTea� together with providing capactty to aerve the adjacett
areaB lying outside the city limits. .."
Further� the dQeign celculatione were t�e,aed on drainin� Area A elone and
the syatem we.s,deei.gned,and conetructed to drain Area A a�one. Sheet 1
attached t6 the Cometock Prel3mitaary Report and the City's topogrephic
survey ehow.that the M& 0 property ie relatively flat hut drains primarily
south toward Rice Creek. �,-
_ � '
. To complete thie brief outline of information� we need only point
out what `,you know: thet the M& 0 property is vacant snd unimproved� the
pole tree�ing'yasd buildings having been dismantled�eeveral years ago� and
have been�;up Por.sale for some time� and that there is a ecstterin� oY
varioua shops and dwellings to the north of the M& 0 property and a
�:arehouae at,the southweet-corner oP 73rd and Central Avenues.
. We believe that the correct principles of law� and their
relevance� to be ae followe:
l. Only benefi�ted property may be aseessed: To some extent you
hsve�xecognized thia pr3nciple by eliminating the 40 acre tract
west oi' Central and ,the soutY� hali of the� 160 acre tract frcm� the
- area propoaed Por reaseeesment under the notice and have computed
the proposed reassessment on�onl.y �+2.6 acres approximately. Ilut
1, ,_, the topo�aphic maps;show that only 25 scres of the M& 0 tract
drain to�asrd 73rd Avenue. r
�
25�
2. If iimned3ate phy�ical benePits are not iurniahed� an asaeeament
r.onnot be made beyond the'increase in fair'market value of the
land sttributable to the improvment by reason of poten�ial
extenaions: It is our eincere belief that a buy�P of t�e 160
acre tract would not pay any more for that tract than if this
storm sewer improvement had neser been made." The reaeon is
a,pparently and eimply-th�'t an entire new system would have to
be laid throughout thio 1�0 acre tract� whieh wouSd require a
further interceptor and outlet on"73rd'west from Central �
comparable in capacity to the interceptor and outle�t now
� ronstructed� or more likely a�new intereeptor aad-outlet
south from the 160 acre tract to Rice Creek. The prior
water tab�.e level on thie 1b0 sere tract�was auch that the 3ncrease
in value attributable to dewatering is negli�ible. Beyond
thai� the only increase 3n val.ue of this' 'tract' woia].d be the
increase in value of a strip along the north of the tract to
n depth .of a block or so `if s lateral 'were ex�ehded east on
73rd Avenue and were hdok�dJUp to the present sye'tem at 73rd
and Central measured by a ahare of the �aving'oi"eoet of
construct3on of a new ouilet from tha�t �ioint. Whether this
ahould be allowed is a matter which will be goYArrled by your
decision on this reaseesement�,"for if Ee� aeeee'smei]t is Ia3d
on thie M& 0 land, the�landovmer will'�have tti�-+'btght to have
such connection made,
3. E3enefite to lande ahould be apportioned on the baeie oi t�nd
as land� and not on the ba0is of the exiating vaes or zoned
ueea of that land: Even iY the M&'0 px�operty were built up and
used for industrial use� and if all the other assessed propertiea;
were built up and used for single family dwelling's� exi s,ssesa-
ment apportioned inflexibly on such usea would be based on an
erroneous principle oi lar:. Potenti�l uaea as well ae actual
uses must be-cansidered. Even more �o� an asseasment apportioned
exclusively according to one of aeveral poeaible uses under the
zonin� ordinance is discriminatory and erroneous.
4. Whether measured by incr"ease in fair ma�ket value
or immediate phy�ical benefits� special aaeessments must not
only not exceed the benefite but must be epre�d among benefited
lande in proportion to the benef3ts: ' ��
(a) The-M�& 0 tract does not receive physcial benefits
ta the same degree as the land in ARea A. The system 3s
whally located in Area A, No part of the`eyetem abute the '
M^& 0 tract; at only one�point does it touch a corner;oP the M
& 0 tract. So fer as s�rf'ace runoff from the M&'d ].and es it
now standa� the phyaical benePit to the 25 acrea�Mr. E113ott
sug�eats or ths h2,6 screa the C3ty suggestef the immediate
phyA3�a1'ben�:fi,t is less than the immediate phyeical beneYit
to the blocks in Area A which abut the eystem asrconstructed.
It fo3�lowe�7that the assesement ae to the 25 �crea or,42.� acres
should be propor�Yonately lesa than the asseeement td'the '- '
blocka in Area A. The propqrtion ahould be-this;' that the n�ber
of M& 0 acres benePited ehould bear an equal aquare foot
assessment with the lands 3n Area A only in that part oP the coat
oi the improvement which is attributable to the outlet end
the base se�nent on 73rd from Central To Trunk Highway 65.
(b) Even if uses and zon3ng are a proper consideration� �
and even if a Yurther late�tal were not necessasy to aexye the �
M& 0 tract� the M& 0 land ddoee not receiVe��greate� benefits __I
than lande in Area A'zoned for nonreaidentiaJ. purpoaes nor four
times greater benefits than landa zoned for reel;detrtial uses.
We assume that the proposed justif3cati'on 3or,the diYfexetttial
hetween assessments on the 1,61I�720 equare Peet oi M&'��'x,land;
zoned M-2 (heavy industr3al)•at a ra�e','df $7.6�4 per 100 equare'
feet and those on residentially zoned land at $1.91 per 100 aquare
feet, a ratio of £our to one, is in the aoning oxdinance provisions
respecting the percentagea of the land of the ].ot which may be
covered by buildings on residential lota as diatinguished from
`� :� �
heavy indue�rial tracta. Under Section 8,fj of the Zoning
� Ordinance� according to the latest copy,we heve (Adopted
December 29� 1955 and'emended May f3, 1958� July lo� 1958 and
September 11� 195�)� "Not more than 25 percent of the area
of a lot shall be covered by the ma.in building and all
acceseory buildings" ;for-R-1 and R-2 Dietricts. For R-3 distric�s�
the ftgure is 30°b. ,For C-1� C-1S� C-2� C-2S� M-1 and M-2 Districtsa
the Pigure is 1+0� if the buildin� has a dwelling unit and "No
, requirement ior any other building." Even as between H-1 and R-2
diatriate and M-2 distric�s and asauming maximum lot coverage,
the �+ to 1 ratio is excessive because no account ie taken of
the requir�ements of Section 7 of the Zoning Ordinance� relating
to-provlsion Por and euflfie.cing oY parking stalls, The 4 to 1
ratio ia i'urther arb3trary in that it asaumee a�permanency of
zon3ng claesification and building requiremente� it assumes
'use of the M& 0 tract for the least restrictive use inetead
of another permitted use��and it as�imies that a heavy industry
user would surfaca the ent3re tract -- all contrary to
e�cperience and reason. There is even less� and in fact no, pos-
eible juatification in any kind of discrimination per square �oot
lietweea land zoned heavy industrial and land zoned light in-
• dustrial� co�ercial and ahopping. The zoning ordinance pro-
videa exactly the same requirement with respect i,o maximum
lQt coverage for all these classificatione.
We submit that the proposed aeeeaement of the M& 0 tract� is aubetantially
in excesa of benefite� based on erroneous principles of law� di�crimina-
tory and not in proportion to benefits and is arbitrary and without
any poasible rat3onal jnstification.
� . ' , � Respectfully submitted�
i I
R
FAEGRE & B�NSON
�
Attorneys for Minnesota and
Ontario Pa.per Company
Mr. Holten stated he had mentioned that i:he formal part of' their presen-
%ation would coneist oi threc etatements and he had just read the first�
.that the3r appraieer had not been able to oome thie evening and they
wou7.d furnieh a letter which he would like to read aloud except that he
,would not read the quel�ficationa or definition oP market values referred
to in'this report but�would submit cogies o? this lettex i,q members of the
City Couricil�and would read same aloud. Mr. John S. Holten, attorney of
the lsw firm'of Faegre arad Benaon read the following letter t�ddreased to
himself from Newcombe�& Lawrenee Appraisals pP Minneapolis� Minnesota
dated October 30� 1964: .,
october 30� 1964
Mr. John S. Holten� Attorney
1260 Northweatern Bank Building
Minneapolia 2� Minnesota
- In re: Stox'm Sewer Assesement Matter
National Pole and Treating Division Property
of Minnesota and Ontario Paper Company
�entral Avenue N.E.
- , Fridley� Minnesota
Dear Mr. Holten:
Thie letter will briefly report the ifiportant factors and conclusion�
we reviewed with you thie morning aboLt the chan�e {if any) in the market
value of thie land by reason of the construction of a storm sewer system
in the area north oi 73rd Avenue N.E.
The engineering informat3on given to us si�ated:
�6U
A, That i.he 'subsexface etorm eewer �ipe approaches the land at its
northwest corner� and the pipe extends wes� and north from the
�nter-0ection af Central Avenue and 73rd Avenue N.E,
B. That the joints in the piping are notr seal�d� but rr�ther the bottom
t�ne half. of each joint has rock fill surrounding it �o permit see-
page of �{round water i.nta the -}�iping. .
C. -That t,he storm sewer des3gn did no't include a factor for accepting
surface water from any part oi' the M. & 0, tract.
D. `�liat sound engineering practiee would not pergtit the use of the
new system for dr�ining any eurface water from any pas't of the
acreage.
P. That if the eurface water is to be removed Prom the tract sound
en�ineering practice would require a new and additional storm
sewer system (intercepter & laterals).
F. That in the northwesterly portion of the M. & 0, traet about
25 acres have a natural terrain which elopes northward; excesa
sur��ce water on this 25 acres�flows into 73rd Avenue N.E, If
it ia determined by sound engineering study that thie surface
water could be accepted by"the new dtorm sewer syetem; it
musi, be recognized that an sdditional lateral aystem muat be
desl�;ned� constructed and iunded.
G. That the recently installed storm sewer system north of�tHe
subject tract may tend to lower the subsurYace g2'ound Water
level under about 52 acres of the M. & 0. Co, land, That the
52 acres likely to be so aYfected had an acceptable natural ground
water level at about 7` to 8' below ground eurface� and that the
possible lowering oi' that water level would reault in an unne�ded
change. �
We have been fa.miliar with thds acreage for several years beginning in
June� 1g61 when we developed an appraisal of this total praperty. It is
a�reed that proper development of i,he eubject tract woulfl require a
well desi�ned atorm water drainage system� and we agree that� when
a proper system is conatructed� the land will be henefited.
Sased upon the engineering information preeented to us� and outlined in
this letter� it oppears that 25 acres in the northWes'terly area may'be ,
served and benefited by the new syetem instal.led north'of 73z'd Avenue�N,E.
An addltional 27 acres may receive a very limited 9,nd questionable benefit.
� i , �
Your question as to whether or not, in our opin3on� either the total tract�
the northwesterly $5 acres or the nonthwesterly 52 acrea was benefited
(enha,nced in market value) $12'��OOO,hae'been cerefully consider0d, It is
our judgment that the amount ia grosaly excessive. OUr;prelimin8ry
£indinge are in a range of $5�000 ta $25�000 for total benefit,(inereased
market value�i. � ,� ` �
Coxtoi�,83.1y yours�
NEWCONIDE and LAWREIYCE
Dewey Idewcombe� MAI-SRA
iioward Lawrence� MAS-SRA
�
`� tf �
Mayor Nee requested that when Mr. Holten would sta�� his diacussion again
he wished him to include a remark on who �I;ve it to�and what the informstion
was in this regard, �He was told Mr. ELliott�of Baniater Ehglneerin�
Co�pany Yurniehed the information neceaeary to the firm of Newcombe &
Lawrence Appraisals for their appraiesl. Mr. Holten etated there was
attached� bub he would not read� the spproximate definition and qualifi-
catione o� Mr, Newcombe end Mr. Lawrence.
Mr. Holten announced the �hird par� oP their preeentation was to be made
by Mr. D. W. Elliott oi the coneultiag engineering f3rm of the
Banlater Engineering Company, Mr. Elliatt stated he aleo had hie report
printed� would pass copiAL� t�3 membere oY the City Council and wiehed
tb'read eame e.loud� that"hia letter was in reference to Storm Sewer
Asseasment'N0. 2�F-B. Mr. Elliott� engineer for the consulting engineering
firm of Benieter Engineering Company read the following letter addressed
to the Honorable City Council� Fridley� Minnesota dated,November 2� 1964:
November 2� 1964
Honorable City Council
City of Fridl§y '
Frddley� Minneeota. ;�
Gentlemen:�
RE: FRIDLEY� MIN[V�SOTA
STORM SEWLH
9SSESSMCNT No. 24-B
Our File: #625D
The Banieter Engineering Company was retained on Septe�ber 18� 1962, by the
Minnesota & Ontario Paper Company� to make a study and report relative to
the asaesament againet the Minnesota and Ontario Paper Company for the
etorm sewer portion oi Storm and Sanitary Sewer Projeet No. 24-B+, This
report wae completed on November 16� 1962 with e suppletuent th�reto entitled
"Supplement No. 1� dated July 11� 1963'�• Eioth oP theae reports have
been made available to yoUr City Attorney. � ,
Saeed oa the deta3led investiga.tion� aurveys� and atudiea which comprise
our November�l6� 1962 report and July 11� ig63 supplement and in support of
the objection oY the.Minnesota and On�ario Paper Company property to the
aseesameat� we suUmit the £ollowing:
For the'beneYit oP the record and for those Counci]men who were not on the
Fridley City Counail at the time that Storm and Sanitary Sewer Project
No. 2k-B was'itfiiat�d-we would like ta make a review oi thia project
in general and more epecif3cally thoee 3teme pertinent to the assessment
and benefi:te to the Minneaota and Ontario Paper Company property. This
property ie described as the Southweet one-quarter (1�4) of Section 12 and
the Southeast one-quarter (1��) of the Southwest one-quarter (1�4) of
Sec�Cion 12� all oY � 30 N� R 24 W:.
The City of Fridley made available Yor our use and review the following:
1. Yreliminary repor��- "Storm Sewer Intercaptor Syetem ARea North
of�Rice Creek"� dated Masch� e19E0 and prepared by Comstock and Davis�
Inc.� Coneulting Engineers for the City of Fridley.
2. Plane and speclYications for "Storm and Sanitary Sewer Improvement
Proj'ect No: 24� dated May� 1960 and prepared by Comatock and Davis�
� In.��Coneulting Engineers fqr�the City of Fridley.
f— The e.bove referenced Sonumenta were received by the writer from Mr. B, V.
I Coma�o�+� at;the officee oP Comstock and Davie� Inc, on September 24, lg6g,
i During the meeting with Mr. Comstock on this date a review of the pro�ect
wae made with him end questione were aeked relative to the means by which
the aeseesment diatrict bounderies were arrived�at, Also on thie date
a brief°TevieW was made of a topogYapHiC map prepared by Mark IIurd Aerial
Surveys on�file in the City Hall. A 1'engthly review was not allowed as
it was explsined by a city employee that where detailed inform�tion was de-
sired� theee mape mtiat be purchaeed by the interested part,y. This co�t would
have been several thoueand dollers for a topographic map of the 160 acre
tract of land owned by the Minnesota end Ontario Paper Comg�$ny east of
Central Avenue, A topographic map of the 40 acre tract of land west of
Central Avenue had been surveyed for the Minnesota and Ontario Paper Company
by Eagen� Field & Nowak� Land Surveyore by field survey methods� and was
dsted July 31� 1962. A field examination of the storm sewer ae const,ructed
16 `Z
wa� aZso noted on September 24� 1962� se well ae a vlsual aurvey of the
Minneaot� �nd Ontario Papaer Company.propert3es. It was noted that the
Si,orm sewer as constructed was subgte.ntially in agreement'with that as
propoaed iei the preliminary.study as Plan 1 Yor Area A with minor
exceptions. One exception to the atorm sewer r7ae that,the Ou�fall st6rm
sewer line followed 73rd Avenue.west�oY Central Avenue rather,than 73 1�2
Avenue as proposed in the preliminary repor�. It wae aleo noted during
this field review that no catch basine were conatructed as a part'oi th3e
improvementa nor were any laterals proposed for service trito,or,along the — I
Minnesotta and Ontario Paper'Company property which would feCilitate I
dra3na�e in that area, A recent field review indicated that��cat�h �
basin inlet3 have been constructed on Central Avenu� be�tween 73rd Avenue
�nd 75th Avenue� on Onondaga Street to.a point 500 feet!east o� Central
Avenue and on 75th "rlrrenue from a point 500 feet West �oY Arthiu� Street
to Lakeside Road. • • �
A review oi' Plan 1 for Flrea A in the Comstock and Davie report dated March
1960 revealed the followin�:
1. That the storm sewer was proposed to be construat�d'deeper than
- the sanitary sewer apparently to facilitate asn3tary'�aeWer'
co�struc'Cion because of the water table condition which exiated
in the area.
2, That',�he south boundary of Area A was 73rd Avenue which ia the
northern boundary of the M& 0 Paper Company property e9st oi•
Ceni.ral Avenue. • �
3. Tliat�no part of the M& 0 Paper Company property acreage was used
in th��computation of aurfaqe runoff in the etorm aewer deaign.
4. That 12.1 acres of Sprin� Lake Park were included on the eaet side
of Stinson Blvd, and that 63.1 acres of Spring Lake Park north of I
Osborne Road were ased in skorm sewer 8esigge, The prel3minary
repart suggests that eome means of cost part3eipation could be J
^ agreed upon to handle thia additional cost. "It ie not known to
what degree this recommendation was pursued by the C�.ty of Fr3dley.
At the SeptemUer 24� i962 meeting with Mr. E. V, Comstock�'he wae asked
b,y wh�i, maans the boundaries were establiahed for properties benefiting
i'rom this etorm sewer improvement. Mr. Comstock pointed'out that.3n yiew
of the fact that the etorm sewera were put in'at greater,depth'than ia
normal snd that joints were left open on the bottom,one-half,oi' the storm
sewer to intercept ground water that an'arbitrary formule was uaed thst
assumed the ground water ta61e� as a result of the dewatering affeet oY t7e
storm sewer� would be at a grade of 0,1+,� from the invert pi the storm sewer
in all directions. Based on this aseumption and ueing e resu].tant ground
water depth of 5 Peet irom the surface of the �ound the beneY3ting property
area was defined. Uaing this 8efinition all of the M& 0 Paper Company
east of Central Avenue was ineluded e,nd 350 Yeet oi that,�FO acre tract west
of Central Avenue wae included. Mr,. Comstock also pointeci out that thie
benefit was only s ground water dewe.tering beneiit." Mr: C�qmstock had
made a review which wae presented to the City Couneil pointing out the
differencea in beneiite between euriace runoif`beneiit and� ground water de-
watering'benef3ts, The computations.used in thi.e'pxesentstlon,were not�d
at thic meeting snd were made a part of the Banister Engin�ering report
dated November 16� 1962� on Pages 4 and 5.
^ The-Baniater Engineering Company�s report dated No�mber 16� 196�,4ueationed ,
the aesumption tha't the ground water table would dr'op to.�the extent assumed I�
snd 3ubsequently open hole boringa we�e taken by regional eng#neering;�
eerv3ces oP Minneapo�is� Mirinesots and ground water me6�g�ementa were ta.ken
on October 5th and on Octob�� 8t o�6'.�e Since these open hole bor�nge
confirmed our belief thtt t�ie�s�orm aewer wes far moTe Iimited in acope than
had been assumed it wae reco�ended that a series of obserYation wells
be placed in order to corroborate our belief and allow that groUnd wa,ter
meaeurements could be taken over a greater period oP time: The open hole
borings were limited in life due to the caving of sand in the-holes and
i
�
{,� �r �y
were more subject to surface seepage tha,n roxm�ld'be an obeexvation well con-
atructed with e, caA�ng pipe. Fmr example� the measnrements taken on October
8� 1962 were preceded with 0.76 inehes oP rain which occurred on October 7,
The reading one one oY the open hol� borings reflecta that the level was
poasibly aYfected by the rain on that date. The William E. Salverda Well
Company oi St. Paul was engaged by the Minnesota & Ontario Paper Company�
to conetruct'10 obeervation wells. Theae observation wells'were located
diagonally,acrosa'the 160,acre Minneeota & Ontario Paper Company tract from
xiorthwe4t to southeaet with one observation well being located on each of
the Your boundariea and one nort$wes� Of the northwest corner of the property.
'Fhe observation wells were constructed with 5 foot long 60 gauze No. 2060-60
C].syton Mark screena 2 inches in diameter� placed �n the middle of a 5 inch
diameter sand pack. The obaeavation we11s were conetructed to depths varying
irQm 1�F feet to 26-ieett Meaeurement� have been taken at these observation
� welle p,4riodically beginning January,31� 1963 and April 12� 1964, The
Hepth meseuremente at observation aella indicate the qeasonal variations
in ground Water table variatione due to rainfall but poni,inually refle�t
the influence of the topography to the south. This topography infludnces
the ground water table drainage which has a slope to the south and only an
area'of approxime,tely �2 acres in the nortYiwesterly corner is affected
by the storm sewer.
It is alao intereating to note that that portion of the storm sewer lying
on 73rd Aventle and runnipg from Central Avenue to the discharge point in
the creek�approx3ma'�ely 1�000 ieet to the west cost approximately $45�000.
The Cometock report aleo usee ae a basis of deeign a iive year atorm
frequency which is in this area a 1.8 inch raipiall per hour. This
storm deai�n period ie generally conaidered a minimum ior use in de�igning
municipal atorm sew8re. The reault of adding 40 acres oi eurface runofi
to this atqrm sewer over and above beyond that area for which it is deeagned
vrould reduce the ePfectiveness of thie atorm sewer to a storm design of
between,one and two yeare. Thie would mean that on an avera�e over the
life of ,thia etorm eewer that the etorm sewer capacity would be exceeded
at leaet once approximately every 1.5 years. Thia would result in
periodic pand3ng oP water in the atreets and poseibl�y;y� on private pro-
pertieg. Thia could occur seveaal,time� in one year snd not at all for
several yeeaCe but on an average of once each 1.5 years,
_
Beiore preparing'Supplement No. 1 to our November 16� 196'� report� an add-
itional exam3nation of the property wae made in the Yield, The topography
of the esea (160 acres) best lende itrself for etorm aewer Eervice through
conetruction of a�parate storm sewer system draining to the south to Rice
Creek. However� approximately 25 acrgs abgtting 73rd Avenue in the north-
weaterly corner oi the tract could be served through a lateral extension
on.73rd Avenue t� the eaet oY,the existing system, Based on this obsexvs-
tion and based upon the resulta of over one year's observance of the gnou�d
water table within this area and the effect upon it by the storm sewer�
the computationa which appear on Page 3 of Supplemenl: No. 1 were prepared.
In these computations an attempt was made to detezmine the ma�[imum amount
of benefit to the'Minneeota".and Ontario Paper Company based upon sll da�a
obtsined to that date, These computations were based eubstsntially in
accordance with the 'recommendatione.of �. V. Cometock allowing for a difSer-
ential in benefit between surface runoff and ground water dewatering. The
only modifications used in this method were sdjuatmente iri the benefited
areas ae determined by field examiaation and by observation of the ground
water during thle period'of tima, These computatione reflect that the max-
im� assessment that ehould be apread against th3a property� based upon
the unit asseasment used in a11 other properties within the diatrict� should
be $31�146.00. � .
� .
DWE �ed
Respectfully submitted�
" * BANISTER ENC,�INEERING COMPANY
, By
D. W, Elliott� P. �.
�
�6�
City At�orne,y Smith st�ted that,for��he record he wisHed to have s couple
of items straightened out. Mayor Nee aseerted there were several itema�
tha� he wished to ergue about, Mr.Holten replied.'the City Council was the
judge and juxy.tonight but he would try to e�cplain'their poeiton to the extent.
C3ty Attorney Smith stated he wiehed to just make thie s�atement� that looking
at Mr. Halten's eight pa�e letter near the bottom oP the seaond.page�;he talks
about the appeal to the dietrict court, City Attorney Smith expleined the
record should be cleara that this was a motion of his preflecessor; that on the fo11-
owing page 3 of the mentioned letter� Mr, Holten reporta that a copy of the
Banis�er �n�ineering Report that was rePerred to was turned over'to the City Atto-
rney . City Attorney Smith stated he wished the record to`shoW this report --
was turned over to himself� that he wished to report to the City Council� he
in tum had given this report to Mr, Ice Comctock� consulting eng3neer� and
he had reviewed that report at a�umber of the administrative meet2ngs that the
manager report,ed on. He further stated he had one other co�ent on page 4 of
Mr. Holten's ]etter� he had suggested that the uaes in Fridley's Zon3ng Code
are cumulative as �or example he indicated all othEr q�aea are`perifiitted
ln heavy industrial property. City Attorney Smith explained he w�ehed
i.o point out the code of Fridley is not cumulative� that heavy industri�l
property is kept to heavy industrial and is not available for oo�nercial
or residential.
Mayor Nee stated he had a number of things as Mr. Holten read throu�h and
ae his representative frofi Banister Engineering.Company klttd Tead that
he wished i,o challenge the premises on and unless tfie City Council �tha.d
some other thoup,ht on thie� he did think it would be app`ropriate to '
continue thie hear3ng to the next meet3ng and whe�ffier or not the City
Council was bound to,the uses contemplated in the pPClim3nary report.'
He stated he did not think the Council o� i96o would�bind the �udgement
oi' the Cotmcil of 1961+ or 1965 and there migrit be something on'th3s and
wished to have some couneel on this matter from.the City Attorney. He
asserted Councilman Kirkham f�3t as`he"did on the aub;ject and inquired ,
if it would suit the._convenience of the repYesentative of�the Minneaota
and Ontario Paper Company to continue'thia matter $o the next regular
meeting two weeks from this night. Mr. Holten repl�ed this would•be
perfectly alriglit with them and inquired 3,i' the zoning oTdinance which
he had in hand and was referred to was the current zoning ordinance or
had it been completeiy recoded. City'Attorney Smith' reglied the �code
which Mr. Holten asked aboUt was th� basic zoning ordinance but it had '
been codified and he would find it fs not the ususl"'cuIDUlative'zoning
ordinance. Mayor Nee explained it did permit commerci�l uae in indnstrial
-zoning but not residential use. Mr, Holten inquired ii'h� might ge� a
copy of the Zon3n� Ordinance as presently ih effect for purposes of
-comparison, City Attorney Smith replied Mr, Hol'ten could use his copy.
r
C9ty Attnrne,y Smith inquired if prior to continuing this he�ring if Mr,
• Holten would anawer one question about the NewcomUe and Laxrence,Appraipal
Letter� i,hai. presently� he wished to clariiy at the beginning of the aecond
paragraph that the entire basis of the letter wae baeed an engineering -
information identiPied by the appraisors as Items Q througk,G� all supplied
by Bani�ter �h�ineering Company. Mr. Holten,replied th�s we� correet�and Mr.
Elliott was present to provide iurther ev�dence,. Counc�lman Wright asserted
�bo that extenta iteme A'through G in the,=3et��T�m@ntiofieci{:'a�e�tm��'eorrect. Mr.
Halten �^eplied the�� were tygicgl hypo�2lC�+i�'��e,cYhP'�na Wera�npsovidAd on the
engineering iapte whiah Banister.�SrigiY�ees; C3c�pan�r J�Sd 83ve�:1:Oh�TC�YC�he,;8c*,v �.
Lswrence Appraisgls 9h15etad�Eia�ly ae they hed been given to;the City Council this
night. " , i
Mayor Nee inquired if Mr. Holten would care to co�ent on the exter�t to ,
which he felt this council was obli�ated to uphold the concept of` '
the faci].ity whicYi'was present and adopta�d by another Council as _,
expressed in the preliminary report. Mr. Holten repl�ed that he did
a�ree with Mayor Nee's earlier comments that this do n811 was not bound
by the earlier Counc3l's deterrainat3on but had meant�to me.ke that point
under paragraph #2� the last aentence on page 7� o£ his own report that
the Council 2s not bound.and can change their minds but phether it 3s
wise to do so is up to the City Council, He explained it they so decided�
there was some benePit to the Minnesocta and Ontario Paper Company land
and this fact they had never denied and they had preaented to the City
Council what they Yelt was a fair computat3on. He furthex explained
they ielt the propoeed reassessment was excessive and diecriminatory
and wished� at this t3me� to correct one mis-statement of iact in his
leti,er; that being in reference to Mr. Comstock's design at the top of
���
page 6 regarding Area A elone� was not entirely true� that� ac�ually,
there were some acrea outside of the City of Fridley in Spring Lake
Park whlch rtere,�taken into consideration and he had �ant to say "Area
B" . . . .
Mayor Nee asserted Mr. Holten kept referring to what Mr. Comsi.ock
thought and etated Mr. Holten must think this is msterial. Mr. Ho11.en
replied he thought it was and one way.to �udge the ei�'ect of a system
__ was to�consider what it wae designed to do and granted it isn't conclusive�
but it certainly 3s a large measure oP evidence as to what it would do.
Ma.yor Nee atated there was 20 Yeet of Fall at the corner of this plat
and as he underatood it� a substantial amount of.atreets� buildings and
land could be eervi.ced;with that pipe�and supposed thia did have some
mean3ng but ?bhese past councils had upgraded and down graded theae things
and he would like to heer Mr. Holten aubstantiate that the proposal to
drain the area wsa not feasible and had,not kieard this. Mr. Holten replied
the psoposal wae to drain Area A, Mayor Nee stated the Council had con-
tended� foT eeveFal yeaxa� they would drain several acres and if tYiis was
technically not poesible it ahould be introduced here. Mr, Ilolten
repl3ed it was designed to aerve Area A on the basia of the runoff, from
Area A on a'mi,nivn�m cycle.of Yive yeare flooding, that he hsd heard
three yeare but.the3r engineere had told them five years and thelr
engineers had it�rther stated to them that Pive yeara is a minimum in
sound engine�ing practice. Mr. Holten explained that� obviouely, four
years� eleven monthe and twenty-nine daye was a�material departuxe and
when you add oa,evbatantial acreage you bring this cycle to well t�elow
what �ood ehgineering p�a¢tice requiree. Mayor Nee inquired if this was
Mr. Holten'Q engineer's condition that this was an exact science, that
he had reviewed the criteria that was uaed. Mr. Elliott� consulting
engineer� for Banister Engineering Company� expleined the preliminary
report sa3d a five year system was used in the design. Mayor Nee
asserted they had been to2d this wae nmt an�exact scienee and there were
a number of ways of doing it and whether or not there were a iew halding
areas� a1�.�oP these influence therservice and inquired of Mr. Elliott if
this was abeolute when he talked about anyth�.ng less thgt this was not
sufficient at�d dces nOt eerve the property� that he was asking if Mr,
Elliott thought-"th�y could not aerve this property with that line. Mr.
Elliott repli@d he ielt two engineere having equal background in e storm
sewer design and agreeing would subetantially end up with the same storm
sewer deaign and this could be varied eome�hat by grades� pipe grade�
smaller diameter pipe��etc.� and the design would not vary greatly. He
e�cplained�the criteria might vary in the opiaion of one engineer to
another'and had stated in hie report s five year design 3s generally
accepted. Maynr'Nee inq�ired of Mr. Elliott if it was not right that
the Councils determine that. Mr. E113oit replied the engineer generally ,
recot�enda'to the Ci,ty Council or by conaultation with the engineer Qf
the mimicipality or the consulting engineer� that with their company
they.seldom used leea than a ten year design. Mayor Nee inquired ii Mr.
Elliott would agree the.t the Council decrees the criterie. Mr. Plliott
replied Yt wae the Council's prerogative and they could ask their
engineer to pTepere alternste designs. Mayor Nee aeserted this aeemed
to be their experience in Fridley� the engineers had discuseed this and
the counCile had�determined just what level of service they were going to
build into the syatem and did ses�e f'rom.the conversation tYiie was
correct they do determine this� Mr. Elliott replied the,t he assumed this
was determined. �
Mayor Nee inquired oi Mr. Elliott iY he had suggested they could not drain
�-- the area int'o the pipe, Mr. �lliott replied they were in disagreement
I
; as to.the design that thie storm eewer would go into� that Mr. Comstocic
had stated i't would be s three year deaign storm sewer and their compu-
tationa rePlect it would be somewhere between one and two years of 1�1�2
yeare, Mayor Nee stated� as he understood this� the City Council would
at some tiIDe determine the gradation of the atreets and run off of the
land and if it were to be developed today� the Coupcil would determine
which way the streets go and which way the land would drain an3 it �aouldn't
have much reference. He further stated the engineera and the Council do
determine'how it draina and-with 20 feet of fsll� it rmtld be laard
to esy the �roperty would not drain into that pipe. Mr, Holteq stated
he felt M�yor Nee wea talkir�g ahout legal questions� that he had stated �
prev3ously thd.e vras entirely within their d3scretion and obviously the
answere to the questions about street improvements are entirely lnxelevant
and it was already being made too much of for this reason. f�e further
���
stated their su�gested assessment of $31,50o aseumee that the Ci�y Council
may do whnt tYiey were su�gesting they have the power to do and he was say-
ing if they exerci�e that power the assessment should be $31�500.00,
Mayor Nee inquired if this figvre was based on 42.7 acres. Mr, Holten .
replied it was based on 25 acres approximately and thie figure appeared on
Sheet 1 oT four drawinga in the Comstock Preliminary Report and was also
the fi�ure Mr, E113ott got in looking at a topographical map,and which he
mentions he could only look at briefly, Mr. Holten asserted that har
Mr. Comstock had come up with 42.7 acres� they were at a lose to under-
stand, '
Cauncilman [Jright stated Mr. �lliott had siad that two engineera within - �
tY�e lim3ts oT differential vaiving of criteria would cdme up with the-
same designs� ,yet he claimed to diifer in his estimatee of the cycle of
service by a Factor of two or three and heralso,claimed to diPfer in the
area served by a,factor of nearly two and wished to aek him if thie was
a Pactor oi two or three and was that within the reasonable limite of
expected difierence between 3ndependedt surveys. Mr. Elliott repliedr
the answer was "no",, that the 25 acrea used by his co�pany primar3ly
indicated their review only briefly� that the Mark Hurd Topo map� he
could see� �enerally agreed.3n the Cometock report, He�stat�d� ther�fore�
their area was based solely on his report with a check on it.: Mayor Nee
announced this hearing would be continued to the next re�ule,r meeting
at which time he would like an opiciion irom the City Attorney.-
Motion by Kirkho.m to continue the Public Hearing on the'Reassessment
oi Sanitary and Storm Sewer Improvement Pr�ject No. 2�+B to the next
regvlar Council meeting. Seconded by Wright. Upon a voice Yote��there
being no nays� the motion carried.unanimously,
a
BOARD OF APPEA7S MEETING MINU`i�S, OCTOBER 28� 196�+:
The C3ty Manager read to the City Council the reco�ndation�of the
Board of Appeals to grant the requeat for a var3ance� etat3ng the,people �
notified for the public hearing were the representativeaj oE National Tea
Store� the Standard Oil Company and eervice ststion� the Dairy+Queep� ,
Mr. Levy of the Rice Plaza Shopping Center and Mr: Erickc LaPine��i�slia�bean ��c�r
only Mr. Nymark of National Tea and Mr. Erick LaVine had been p�resent,
Counci]man Sheridan inquired if the previoue action oY the City'CounciZ
tskeM thi.s evening regarding this area would change Lot two ln question.
Mayor Nee replied the store could then be moved back., It wae explained �
by the City Manager this would etill require threE timea the lend area,
Counc3lman Wright asserted if the City.Council granted this permit�
they would have no hold on the area. Mayor Nee euggee'ted the peTmit
could be denied and solve the problem as previously taken action re-
coumiended� by vacating an easement, It was e�cplained by the-City Manager
with the easement in question taken care.of t�te building permit would
then Ue grantable And the City Counc3l could deny this permit,Por,further
consideration. Mayor Nee stated the City Council had the grounds to
deny the building permit and unless they wanted it built out they could
do eo. Councilman Sheridan stated that before he would make a decision
he wiehed to go out and�review the property and get a clearer vis3on o�
it and have this permit laid over until some action wae takea on the •
council's previous action,
Motion by Sheridan to table the request £or a var3arice f`rom Section 45.395
(e)� City Code of Fridley� Minnesata 1963 by waiver of oYf-etreet parking
requirement to permit conatruction of etore on Lot 2� Block 1� Sylve.n
Hills Plat 5, City of Fridley� County oY Anoka� Minnesotg,� same be3ng
300 Miesissippt Gtreet Northeaet (request hy Morgan E. �ohneon� 14�+0
Angelo Drive� Minneapol3s, Minnesota 55422)• Seconded,by Wright. Upon
a voice vote� there Ueing no nays� the motion carried unanimously. Council-
man Wright stated during their earl3er discuasion� Ci'ty Engiae�er Qureshi
I
I
--�
` � u
had offered �o make an integrated map and wished �im to know the City
Council would appreciate havin& him do,eo.
, � � �
PfJBLIC HEARING ON A'REQUEST FOR A SPECIAL USE PERMIT TO CONSTRUC`P A
The City Manager read to the City Council the reco�ended approval of
the Board oY Appeals and explained they would normally hold a public
hearing on thie and it could be eet but the hearing couldn't 6e Uefore
December 7th, Councilman Sher3den inquired iY� by that time� they would
have had a report f'rom the Planning Cot�ission and a chance to study it,
Mayor Nee explained the problem wae ii the City Council were to go into
the redevelopment oi an area� thie ahouldn't be done. Councilman WrigYit
stated in a large area� they ought to have the power to suspend all
building for a length oY time and it might consist of at least not taking
thia property piecemeal. Coun.cilman Kirkham repliecl he a�reed with
Councilman Wrfght, Councilman Wright further stated they cou13 indicate
they were in the procesa of developing an integrated plan for the area
in which to suapend all building permite at this time until they reached
a conclusion and inquired if ,they could suspend all building permits for
a period of �ix months. Mayor Nee asaerted i£ they were going to do any-
thing� they would have to atand f3rm on their,decieion. Councilman Wright
stated he Pelt if 'it wae�3ndicated they were in the procese of planning,
there would be�juatiYication o£ suspending all buildin� permits in a
reasonable eize area while they conaider long range planning� while they
consu7.� with the Planning Co�ias3on and as long ae they were working on
it� they�covld do�3this� that he was not prepared to malte � tpot�on on it
because he wiehed to�include bmilding permite� zoning actions� and
specia.l permite. He explaine$ ':he thought it would be wise to i.ry to
deiine the esea and it would be in order to make a,motion that the City
Attorney dra£�t a resolution for theCity Council describing ita po7icy
with regard to'suspendiag major build3ng which is in the area Ueing con-
sidered for long range planning in the center of the city� such a reso-
lution to define the axea and the act3ona and duration of thoae act�ons
and in the•meantime they could table any actions that might be coqered
by such a resolut3on.
Motion by Wright to table the request for a special use permit to con-
struct a Nuraing Home in an R-1 Distr3ct on part of E 1�2 of E 1�2 of SW
1�� oY Section'.74 (Southeast corner oP &eidel property) eame beirig 451-63rd
Avenue Northeast� Anoka�COUnty� Minnesota ae per ordinance 70� Section 5�
10-2yd. (Requeat�by i6illiam Donald Camp� Jr.6280 Univeraity Aven�e
Northeaet)�,tu�til guch �ime as a poliCy governing the use of the land in
queation ia formulated by the Ci}j�, �'City Attorney Smith suggested the item
be taUled or continued to a definite time and a resolution that �he
C3ty Council wished drafted he would have prepared for them to study.,
Motion by Wright to table the request for a apecial use permit to
conatruct a Nureing Home in an,R-1 Diatrict on•part of E 1 2 of E 1�2 of
SW l�+ of Section; 14 (Southweet corner of Reidel Property same being
451-63rd'Avenue Nprtheast� Anoka County� Minnesota as per ordinance 70�
Section 5 10-2-d. (Request by William Donald Camp Jr. 6280 University
Avenue Northesst�to the m�eting of December 7th� 196�F. Seconded by,
Kirkham. Upon a voice vote� there b�ing no pays� the motion carried
unanimously.
Motion by Wright to direct the City Attorney to prepare a resolution
describing ite policy with regard to suspending major building for
long range planning in the center of the City� deiine the area being
conaidered� actions aad duration of tho8e ections includ�ng building
�ermits� zon3ng�'actiona� speciel requests. Second@d��by Sheridan. Upon
a voice vote� thexe bAing no nays� the motion carried unanimously.
PiTBL2C fiEARING ON• A REQUEST FOR A VARIANCE FfiOM SECTION 45.341, C
OF 6440 UNIVERSITY
���
Thc CiLy hiana�er re¢d to the Clty Council the recommended approval of the
Buildinp Board of the propoaed variance. Mr, Nqmark� repreaenting Gift
HOltse 3tninps, explained the sei�hack requested and indicated thie property
wns the proprrty his company had been talking to the pOSt oifice depart-
ment about but was not certain as yet what it would 1� and the setbacl�
would be needed to have the lend ready. 'Mayox Nee dnquired'if �thexe was; '
on file a�roposal Yor the development of Rice Plaza. The�City Manager
replied the area was supposed ta he U shaped, Mr. Nymark aeserted he, -
had indicat,ed to the post office department thia area wea available.
Mayor Nee inquired if they would then comply on the pQrkin� requirementa�
that the area certainly needed some aseocia�ed stores.
Motion t�y Wright `that the City Council grant the vsriahce Prom Section
�+5.3�1� City Code o� Fridley, Minnesota 1963 by waiver oP setba,Fk i�equirement
from 80 feet to 35 feet to permit conatruct3on bf an addition�to the
present :�truci;ure on the a�uth eide oi 6440 University Avenue Northeast
also known as I�ot,,l� B7.ock l� Sy1Van Hills Plat, #5� Anoks County� Minnesota
(Requesl, by Gift House Stsmps� ll�F North 3rd Streeta �Iinneapolis� Miunesota)
from Satel].ite Lane and a waiver of setback requirement3'from"3rd St�teet
to twenty-two (22) Peet. Seconded by Kirkham. Upon e volce vote� there
being no nays� the motion carried unanimously. .'
CONSIDE]�TION OI' ORDTNANCE AMENDING SECTION 78,21 {TABIED 10�19�64): �
Mayor TJee ancxounced £or the conaideration of the City Council an oxdinance
relatiz�g to tYie uoe of•intoxicating and non-intoxicating liquor 3n
public park3 in the City of I'r`idley and seked if-th3e oYdinance had been
mod3fied. '�hb City Manager replied the ordinance wae chenged entirely�
that the ordinance had been previously read for the iiret time ahd had
not been accepted. The City Manager gave the firat xeading oi am ordinance
relating to tY�e use of intoxioai,3ng liquor and non�in�Coxicating malt
liquor in public paxks in the City oP Fridley� and amending,5eation 78.21
of the P'ridley City Code. I
Motion by Rirkham to accept as first reading an ordinAnce relating to the I
uee of intoxicating liquor and non-intoxicating ma].t liquor in�public , "
paxks in the City of Fridley and amending Sect3on 78i21 oY the FY�idley
City Code. The motion failed for lack of a second to the motion.
SECOND HCFlDING OF OR➢INANCE ��289 AMGNDING SECTION 105:
Mayor Nee announced the aecond reading of an ordinQn�e relating°to any
falae or untrue information to the City oY Fridley Yor tkie purpoae,of
receiving e licenae or permit, The City Mana�er explained;the proposed
ordinance. Councilfnan Wright inquired if this arditi&nce covere�d etat,e. .
ments made in connect3on with waivers� apecial usea� 13censea� permits
and any Board of Appeals type action: City Attorney Smith replied he
thought so. Councilman Wright inquired regard3ng action by the Building
Board.� City Attorney Smith indicated they�should be careful to say they
grant a permit for any given thing.
Motion by Wright to accept as second readit�g� adop� and publish Ordinance
�289 which is an ordinance providing that the £urnishing oY•any falee
or untrue informat3on to the City of Fridley for the purpoee of receiving
a license or permit shsll be a vio7.ation ai the Ci�y Code p3_the C3ty of
Fridley. Seconded byKirkham. Upon a voice vote� there beittg no,aays�,
the motion carried unanimot�sly. , „ ,
• I
R�1 TO C-1, BOUTAEAST'CORNER - 5TH __J
The City Manager explained to tha City Council they vrould want tQ defer
this 3tem to December 7th meeting as they had the nuraing hpme. _
t
Motion by Kirkham to table to the regular meeting of Deceinber 7th� 1964
the second reading of an ordinance rezoning from R-1 to C-1 the Southeast
corner of 5th and M1ealeaippi Street." Seconded by Wright. Upoq s voic�
vote,, there being no �nays, the motion carried unanimously.,
����
SQARD OF APPEALS MEETING MINUTES� OCTOBER 21� 196�:
Mayor Nee announced Yor the coneideration oi the City Council 1.he minutea
oY the Boe,rd,of Appeala Meeting held October 21, i964.
Motion by Sheridan to receive and file the minutes of the Board oi
Appeala Meeting held October 21� 19�+. 5econded by Wright. Upou a voice
vote� there being no nays� the motion carried unanimously.
BUILDING BOARD MEETING MINU`i�S, OCTOBER 28, 1964:
SY SERNARD JULKOWSKI TO REMODEL A RESIDENCE AT 7315 HIGHWAY
The City Manager explained to the City Counc3l he had had a drnwing made
of the request e,nd the Bu3lding Board had ruled only on the esthetics�
that he had been iniormed by the owner he has $11�000.00 3nvested in
thia buildiag @.nd`if the City Council wanted 30 feet ior a sex+rice drive�
they would do away with his lot and,would have to buy it all. He further
e�cplained there would be a croseover removed there and it appeared there
would he accese on 73 1�2 Avenue and whether or not Council wiahed � service
road for Fix�side Drive wae at the�r diecretion. The owner� he exp].ained�
had stated iY he destroys the houae he would have to pay up the mortgage
and ieela some'ihing might be worked out�on the 30 3oot easement. It was
indicated by the'City Manager �he C3ty Council probably would not want
a service road'8t thi'e point and iY the eeruice road weren't to go through
the owner could' sell the Lot #1 to C1ark S�ations and they don't want it
with the 30 Peet taken off. Councilman Sher3dan inquired ii i.he owner of
the property oaly owned Lot #1. The City Manager replied thic was coxrect
and C7ark Statione owned the other and the Building Iloar�l had ruled only
esthetically on the structure. Mayor Nee asserted that what the am er
propoaed to do'would be an improvement, It was explained by the City
Manager ii the per�it were refused� he would think they would have to buy
this� ae it hss been 3ondegmad�� snd it covld only be condemned iP the owner
didn't briag it up to minimum health standards. C1ty Attorney Smii,h
explained the increase in value would be in the increase in value of the
land and not much in the building� that the land might be worth more than
the �7.1�000.00 and time would make it more valuable. Councilman Wraght
asserted they were going to need service roads on both sides of Highway �65.
Motion by Kirkham to deny the application by Bernard Julkoweki to re�odel
a res3dence at 7315 Highway #65 on I.ot l� Block 2� Centralview Manor
addition� said re�odeling to convert the residential etructu�e into an
oifice building� construction to be freme with an estimated cost of
$2�OQ0.00 (tabled"October 21� i964). Seconded by Wright, Upon a voice
vote� there bein� no nays� the motion carried unanimously.
PLANN]NG COiM�S5I0N MEETING MINU'UPES, OCTOBER 22, 1964:,
Mayor Nee announced the receipt of the Planning Coffinission Meeting
Minutea oY Octbher 22� i964,
Motion 6y 3h�ridan to rece3ve and ?ile the minutes o� the Plannin�
Commisaion Meeting held Octoter 22� 1964. Seconded by Kirkham. Upon
a voice vote� there being no nays� the motion carried unanimoµsly.
SAFETY CObA4ITTEE MEETING MINUTES� OCTOSER '�1� 1964:
Mayor Nee announced the receipt of the Safety Committee Meetin� Minutes
held October 21� 1964.
Motion by Wright to receive.and file�the minutee of the Safety,Committee
Meeting held October 21� 1964. Seconded by Sheridan, Upon a voice vote�
there being no nays� the motion ce,rried unsnimously.
COMMUNICATIONS:
L'7 u
M,F�.n.; STGVATT2,ATION (T, iI. #�5 & OSBORNE ROAD):
Mayor Nee announced for the consideration oY the City Council Q
communicat3on from the Minnesota Highway Department regarding signala
on Osborne Road and Trunk iIighway #65,
Motion by Wrlght-to receive and f31e tkie communication from the Minneaota
Si,ate Highway Dep�rtment regard3ng trafYic signaZa on Trunk Highvay #65
and Osborne Road. Seconded 6y Sheridan. Upon a voice vote� there being
no nays� the mot3on carried unanimou��y.
CHARTFR f;OMMISS7�N: CHARTF�R AMCI�MENT:
The Caty Manager explained to the City Council thie item was a review
of a Council recor�endation to.the-Charter Commiaeion.
Motion by Sheridan to receive and file the communiaa'�iOn from the
Charter Corrmiis�3on authorizing and directing the C3ty Clerk to place
the question of nomination petitions on the ballot for the eleetion
of-November 3� 196�+, Seconded by Wright. Upon a voice vote� there being
no nays� the motion carried unan3mously.
WELLMAN: RE20NING OI' LOTS 13-16, BLOCA 3, RICE CREEK TERRACE:
Mayor Nee announced Por the consideration oY the City Council a
cormnunication regaxding the Theisen property, The City Ma:tager ex-
pla3ned to the CYty Council this item would be coVered under the same
arrangement as the3r previous action on the nursing hom0 aad medical
clinic. Councilman Wright stated there t�ould be�nothing to co�unicate
to Mr. Wellman until after their reaolution �as prepared. The City Msnager
offered to call Mr, Wellman and explain the matter to him.
Motion b,y Wright to receive and file. the co�unication'i`rom Mx, �Ciiford
F, Wellman regarding the rezoning oP Lota 13-16� Block 3�-Rice Creek
Terrace. Seconded by Kirkham. Upon a voice vote� there being no nays�
the motion carr3ed unanimously. '
CLAIMS: - • .
�—
Motion by 4lright to approve the payment of �eneral Claime #3689 through
#3758. Seconded by Kirkham. Upon a voice vote� there being ho nays�
the motion carried unanimously.` . "
, �� i
Mo1;3on by Wright to approve the payment of Liquor Claime-#E�828 tYurough
��860, Seconded•by Sheridan, Upon a uoice vate� there being no nay,s�
the motion carried unanimously. . ,
Motion by Kirkham to approve the payment of Public Utilities Cla3ma
#36f)8 tnrou�n (�3726. Seco�ded by Sheridan. Upon a voice Vote� there
bein� no naya� the motion carr3ed unanimously.
LIC�NSPS:
.
Mayor Nee announced ior �he..consideration of the City Council licenae
application�.
Motion by Sheridan to approve the issusnce of the fo�lowing licenaes:
GAS SERVICES
Ace Heating Compatty
n000 Clani.on Avenue South
Minneapolis,?_0� Minnesota
., i
, , � ,
by: Eric B. Holland, RENEWAL
. _ ��
_l
_�
-_�
LICENSES (cont.)
GENERAL CON�'RACTORS
Homed�.].].e.Buildere� Inc.
3017 Lyndale AvenuetSouth
Minneapolia 8� Minneaota
r
Taylor Maid�Homes.
12Q1 Highway #8 k
Id�w Brighton� Minnesota
Wal-Don Builders� Inc,
6�+25 Nicollet Avenue South
Minneapolie� Minnesota
HEATING
Ace Heating Company
�000 C13nton Avenue South
Minneapolia 20� Minnesota
Sheridan Sheet Metal Company
4116 Quebec Avenue North
Minneapoliei;27� M3nneeota
MASONRY
by: Norman Chazin
0
by: Roy Taylor
by: Walter E, Ball
by; Pric II, Hallapd
by: Robert S. Graving
Carl R, Haneon
3809 Buchanan'St. N.E, . t
CoSumbia Heights 21� Minnesota �by; Carl R. Hanson
PIASTER7NG
i George W, Lovgren & 8ons
5900 Wiaconein Circle
I Minneapolis� Minnesota
SERVICE STA'i"�6NN?LiCENSE
Phillipa Petroleum Co.
215 South llth Street
Minneapol3s� Minnesota
APPLICATION FOR TAVERN LICENSE
I�.ynard A'. Nielsen
4655-2 1/2 Street N, E.
Fridley 21� Minneaota
Howard A. Nelson
6261 N. E. 5th 5treet .
Fridley 21� Minneeota
by: George W. Lovgren
NPW
NEtd
NEW
R�PJ�WAL
RE PI�WAL
RL�dEY7AL
RP,NEWAL
dba: FI011y 66 Service
6500 University Avenue N.E,
1�ridley 21� Minnesota (F3 Pumps)
fAr: I'ridley Veterans of F'oreign War�
POu"t NOa 363
10�+0 Osborne Road N, E.
� Fridley 32� Minnesota
dba; How3e's
240 Missiseippi St, N. F.
, Pridley 21� Minnesota
APPLICATIONS FOR ON-SALE LICENSE:
�
Howard A. Nelson
6261 N. E. 5$h 5treet
Fridley 21� Minnesota
Maynard A.'Nielaen
4655-2 1/2 Stxeet N, E.
Fridley 21� Minnesota
� _,
dba: Howie'e
� 2�F0 Missiasippi St. N, E.
Fridley 21� I�innesoi,a
APPLICATION FOR CIGARETTE LICENSE:
Aoward A. Neleon
6261 N. E, 5th street
Fridley 21� Minneaota
for: Fridley Veterana of Foreign Wars
Post No. 363
1040 Oaborne Road N. E.
rridley 32� Minnesota
for: Howie's
240 Misaissippi St. N. L,
Pridley 21� Minnesoi:a
y I Y
ul�
AYPLiCATION POR CAFE LICENSP:
$oward A. Nelson
6261 N. r. 5th 3t.
Fridley 2l� Minneaota
for: Howie�s
240 Missisaippi St: N. E.
F�idley 21� Minnesota
a
Seconded hy Kirkham. Mayor Nee stated he wiehed to draw the attention
of the City Council to the license application of the V,F. W,� that it
was conti�uoizs to res3dential. Upon a voice vote� there being no neys�
the motlon carried unan3mously. , �
PF;TITSONS :
- , , ,
Mayc�r Nee announced for the consideration of the City Council the receipt
of two petitions.
Motion by Sheridan to receive and rePer to adminiatrstlon for proceasing
PeLit,ions �fi�.�-i964 and #1+2-].964. Seconded by Wright. Upon a voice vote�
there Ueing no nays� the motion carried unanimsouly, � �
APPO7NTMENT^> TO COMMIT7�E5: '
The Cit,y Manager suggested w3th regard to appointments� th� Buildi,ng
Soard 1» d requested an appointment be made of a councilman to their
comraittee in order to have a quorum at their meetings.
Mation by Wright to appoint Councilman Kirkham to the Building Boa,rd
Committee with term to expire Jana.uary 15a 1965, Secpndgd by Sheridan.
TJpon a voice vote� there being no nays� the motion earried'unanimously.
Mayor Nee announced the City Council should act on the reaignation of
Glenn W, Thompson from the Parks and Plsygrounds Sub-Committee.
Motion by Wright to receive the resignation of Glenn W. Thompaon from
the Parks and Playgrbunds Sub-Committee and instruct the C3ty,Manager
to write � lei,ter of couaoen@at3on. Seconr2ed by Sheridan. Upon a voice
vote� there being no nays� the motion carried unanimoualy.
STATPMCTPP FOR WPCC I%�ARING:
Mayor Nee announced he would have a statement �$epared according to
Council discussion for the Water Pollution Control Comni�sion public
hear�ng. It was generally agreed all those members oP the Council'that
could would al,tend the public hearing. There was no action othrthe-1tem,
CONSID�RATION OF ORDINpNC� AMENDING EHAPi�R 26:
Mayor Nee announced Por th� conaideration of the City Council as3 ardina�ee
relating to tkne enlargement af'the term firearms. The City'Maqa��r gave
the first re�ding of �he proposed ord3nance, , ' �'
Motion Uy Kixkham to accept as first reading an ordivance r,elating to
the enlargement oY the term firearma so as to include B-8 guns� air
guns and pellet gunel and amending:Chapter 2f of the Fridley City Code.
Seconded by Wri�ht. Upon a voice vote� there being no�nays� tl}e �potion
carried unan3mously. .
c
APPOIIQTMCIdTS :
.
r
Mayor Nee announcefl for the consideration of the City Councll�appointmenta.
Moi�ion by Wright to concur with the recoum�endation of the administration
and approve the following app5intments:
I
i
�
__�
Ii.J �
NAME
Thomas H, Lund
2112 Brookview Drive N. E.
Fridley, Minnesota
' POSI'PION
Fu114time
Bartendex
Bar �22
- . �
Forrest LeRoy Grant Head Bartender
_ 381+6 Upton Avenue North Full-time
� Minneapolis� Minnesota Bar ��22
Carl H. �errety, t
11120 Jefferson St, N. E,
Minneapoli@'33� Minnesota
Darlene Y, Jorgenaen
1453-6�+th Avenue Northeast
Pridley� Minnesota
part-time
Bartender
Bar #33
Accaunting
Clerk
SALARY R�PLAG`ES
$2,50 Richard
per Larsen
hour
$2,50 Edward
per FIour, Nagele
plus $5.00
per week
$2.55 Lxtra
per Fielp
Hour
�273.00 Betty
per Jeanne
Month Okerstrom
Seconded by Ktfkk�hm . Upon a voice vote� there being no n�.ys� the motion
carried unanimously.
SET DATE APyD TIME FOR CANVASS OF,VOTES:
Mayor Nee annpunced the City Council coneideration oi the dat,e and time
for the esnve.saing of votes.
Motion by Kirkham to set Wednesday� Novemper 4� 196�+ at 7:30 P,M. as the
canvasa date oi votes for the November 3� 1964 elect3on, Seconded by
Wright. .Upon e voice vnte� there being no nays� the motion carrted
unanimously. _ ,
CHANGE ORDER �1 - SS#71 AND S#72:
Mayor Nee announced for the consideration of the City Counc�l a rhan�e
order for Stozhn and Sanitary Sewer Improvement Project #71 and �E�2, It
was explained by the City Manager the Minnesota State Highwt�y Department
didn't want pipe to rest on fill and it had to be dug deeper wii,h an added
cost of $226.50 to the cantract.
Motion by Wrigfit to approve Change Order No. 1 on Storm and Sanitary
Sewer Improvement Project #71 and,#72. Seconded by Sheridan, Upan a
voice vote� there being no nays� the motion carried unanimous]y.
t�A�NAArt�' BoNns at�LEasE - w-3�+-z, S?�#63, ss/�64:
Mayor Nee announced for the consideration of the City Council the release
oi some maintenance bonde. The City Manager explained to tYie City Council
there were Youx projecta involved and these are all approxlmai,ely a year
old. Mayor Nee 3nquired regarding the areas covered and stt�t,ed if they
had releaeed the maintenance bond on Baker Street how could it conceivaUl,y
have been built to Dity of Fridley apecificationa. City Engineer Qureshi
replied they were having the same problem in the Craigway Es�,ate� Additzon�
the,t the develaper�was doing ihe work end Minder Engineering wae the con-
sultant and Dunlcley Surfacing was the contractor� thet when a developer
does the work himselir he likes to get by as cheap as he can. He explained
he was not certa�&n iY the City had accepted the etreet Mayor Nee que�t�,oned
or not. Mayor Nee inquired regarding those projects they were releasing.
City EngineeT Q,ureshi replied that under the contract it waq provided
sYter Q yeas they ehould come and look at the project; that this had
never been done before but ii it was so desired� they could hold onto
the ma,intenance bonde although they had checked into all of the projects
and they were satis�actory.
Motion Uy Wright to release the Yollowing maintenance bonds in connection
with projects mentioned:
274
Pro,ject
No, Yroject Name
34-L
55
63
64
W�ter Imp, Project
San. Sewer and Water
Improvement Project
San. Sewer and W�ter
Inrprovement project
Contr�ci:or's Name
D, W. $ickey & Co.
Barbarossa & Sons� Inc,
Iierbst �onstruction Co.
Final
Est3mste
io.i-63
79-19-63
, ii_�._63
Storm Sewer Improvement
Project . Sandatrom & Hafner� Ine. 9-25-63
Seconded by Sheridan, Upon a voice vote� there being no nays� the motion
carried unanimous]y.
N.S.S.S,D. REQUEST FOR rASEMENT:
Mayor Nee announced for the conaideration of the City Council a Y�equest
for an easement by the North Suburban 9anitary Sewer,D#atriet. The City
Manager explained he had received a letter in thia rega,rd and it had been
discussed in the past. Mayor Nee stated he felt it was to Fridley's
adv��hi.age to have this project go'alon�.
Motion by Sheridan to grant the easement requested by the Idorth Suburban
Sanitary Sewer District� on the Eset 30 feet.of the West 60 feet of Outlot
{1)� I31ock 4, ueconded by Kirkham. Upon a voice vote� there being no nays�
the motion carried unanimously. -
Mayor DTee stated he wiahed to report to the City Couhcil the N.S,S.S.D.
h�d received another $200�000 or so iram the government the previou� week
of federal money and the N.S.S.S.D, had used it in;wpart to improve the
system which ]lad aaved some $250�000 by putting in a gravity line instead
of a forced line on the North end of Lonke Park. -"
It�SOLUTION #236-1964 & RESOLUTION #237-1��F SPLITTING SPEaL1L ASSESSMENTS:
Motion by Wright to adopt �soLU�rION #236-1964 anthorizing snd directing
the eplitting of apecial assessmente on Zot 11� Block 5� City'View Addit3on
and I�oi,s 12� 15 16 and 17� (E}C. E. 9' of I.ot 16 and all oi Lot 17 to
City of Fridleyi� Block 5, C3ty View Addition. Seconded by Sheridan.
Upon a voice vote� there 6eing no uayea the motion carr3ed unanimpusly.
i , -
Motion by Wright to �,dopt �soL[�'PTON #237-196�+ authorizing anH directing
the s litting of specisl assessmenta on Lot 7� Block 4� Shafier�s
Sub. �1 and N1�2 oi Lo�G $� Block 4� 5haffar'a Sub, #l. Seconded'by Sheridan.
Upon a voice vote� there being no nays� the motion csrried unanimously.
R�SOLUTION �238�196�1 RECENING PRELIMINARY 2�CPORT AN]
Mayor Nee announced for `�he considerat3an oP the City Council a resolution
receivin� a preliminary report and calling a hesring for munic3pal atate
aid improvements and stated they had received the reportron th3s ma.tter
separatel,y, �
Motion by Sheridan to adopt Resolution #238-1964 receiving the,Preliminary
Report and calling for a Public Heering on the matter of the con�truction
of certain improvements; -- Municipal State Aid Imp�ovement Project
St. 1g65--2, Seconded by Kirkham. Upon a voice vote� there being no
nays� the motion ca.rried ananimously.
Ri:SOLUTION �239-196�+ ORD�RI[JG PftP�LIMIIQARY PLANS AND SPECIFICATIONS - SS #73�
Mayor Tdee �uinounced Yor the coneideration of the City Council a resolution
ordexing preliminary plans and speci�ications ior Storm 3ewer Project �`(3.
The City Mana�er suggested tke City Council might wieh an explanation
_�
(
__�
I
I
�� �� �,
from the Citg Engineer a.nd the reason he is proposing they coneider this
item. City Engineer Qureshi preaented drawings of the plans and etated
to bu3ld�a-portion'of^7th Street� they would have to have tYe storm
aewer oh S�FtH Avenue. He explained how the areas would be drained and
the'proposal of all aresa� and that it ahould be seaeseed on a:h2.54
beneYit. He further explained the City had,contributed $51�OD0 on the
outiall and are giving all these improvements. It was stated by the City
Engineer by seseseing this area-tHey would actually be putting in less
than $35�000 in conatruction and we�e assessing $42�000 because thds
improvement y7hich the state ie putting 3n the city ha� supposedly paid
in the outfall. City Attorney Smith stated the total,coet was equal to
what the City xould be assessing. City Engineer Qureshi ex�lained this
was only a lateral and they had actually paid for the main and the
residents had actually received the benefit without being �seessed.
Mayor Nee aseeited the proposal was made� and they had held the hearings ou
53rd Avenue and it wae declined� but the City had aupplied the main for
forty cents. City Engineer Qureshi aeplied thie was not adeyuate. Council-
man Wright i=etated if the City were to asaess this area in part for the
second outYa71 they would complain, Mr. Ice Comstock� consulting eng3neer
explained the area to the City Council and how the first part of it was
pa3d� eta.ting further� that the facility could be coneidered a, p¢rt of this
drainage area ae it wae constructed and the portion oP this that the City
contributed�to the higl�way department was under a cooperative agreement.
City ATtorney Smith atated the C3ty Council would be apreading something
less than�the total assessment. , ,
Motion by Wright to adopt Resolution #239-1964 ordering preliminary
plans� speci£ications and estimete�s of the costs thereof: Storm Sewer
Project No. 73. Seconded by Sheridan. Upon a voice vote, there being
no nays� the motion carried unanimously.
� PRELIMII�IARY PLANS AND SPECIF'ICATIONS AND
�Mayor Nee announced a resolution receiving preliminary plana and spec3fications
and calling a hearing on Si,orm Sewer �73. ,
S ' •
Motion by Sheridan to adopt Resolution �240-1964 receiving preliminary
plans and spenifications and calling a public hearing on the matter of
the cons$ructian oS ce�tain improvements: Storm Sewer f�73. .",econded hy
Wright. Upoz� a voice vote� thexe be�,ng no nays� the motion carried
unanimously. , , ,
RESOLUTION #2�1-196�+ CALLING FOR BrAS - PI�W TRUCK:
Mayor Nee announced ior the consideration of the City Council a resolu-
tion ca113ng`for bids on a new truck.
Motion by Wright to adopt Resolution #21+1-1964 advertising ior Uids on
one naw truck. Second2d by Sheridan.Upon a voice vote� there being no
nays� the motion carried unanimously.
RESOLU`t'TON #2�42-1964 CALLING FOR BIAS - SNOW PLOW:
Mayor Nee announced for the consideration of the City Council a resolu-
tion calling for bide on a:,now plow.
Motion by WE'ight to adopt Resolution ��242-1964 to advertiae For bids on
snow,plow vith the ineertion of the word "new" between "one" and "snow".
Seoaflde'd by Kirkham. Upon a voice,vote� there '6eing no nays� the
motion carried unanimously.
4 RECLIVING PRELII+fIlVARY 1�I:PORT AND CALLING A IiLARING-
�7Ei
Mayor Nee announced a resolution for the consideration oP the City Counc3l
receiv3ng preliminary report and calling;a hearing,on St. 1965-3. City
Engineer Rureshi explalned 'to the C3ty Council this project was all con-
crete curb an3 gutter and they would be doing what they had�•done on old
Central Avenue on assessments. ,'
Motion Uy L7right to adopt Resolution #2lF3-1964 receiving preliminary
report and callin� a hearing on Street Improvement Project St, 1$65-3.
Seconded by K3ikham, Upon a voice vote� there being no nays� the motion
carried unanimo��aly. . �
(YI'HER BII�IPICfi;3:
Councilman Ki�rkham atated there was a p3eoe of property on Liberty
Street� property owner by the name of Barr� with aeveral pieces of junk
in the ,yard ttnd the biggest oPfense was outdoor pltm�bing.' He sixggested
the administration should move ta elim3nste the problem," The City
Manager replied the matter was being procesaed.
Counc�lman K3skham ytated there wa� also a petition for improvements�on
L3berty Si;reet axid Pel� the City should aat on it� that some'oP the
property ownexs were not around and 3t was impossible to get,their
:�ignature�.Por petit3one. Mayor Nee inqui�red iY the City Council had
hel�l a hearin� on the area. City �ngineer Qureahi replied tffiis area
did not have a 50� petition. The City Manager reported they wo9h].d hsve •
the area lis�,ed ior the following year's work. �.
Motion by Kirkham to add the Liberty Street area to the�public he�aring
on Streets lq(5-l. Seconded by Sheridan. Upon a voice vote� there being
no nays, the mot,ion carried unon3mously.
The question was raised regs�ding the Sa£ety Co�ittec> reco�endat3on
by Councilman Kirkham if there wouZd be room for an underpaes under the
railroad tracks on Mieaiasippi Street becavae'of the het�ht�oi the,N.S.5.S.D.
Sewer. 'Phe C Lty hie�nag�r rep.lied it hed been sa3d the Tine was de��i enough -
to �et throu�h at a prev3ous discuesion. Mr, Comatock� consulting engineer�
explain�d i;he,y could 3o as had been done on Highway #100. Couneilman
Sheridan suggested the administration should check�4tith Mr� Jake Lundheim�
County ETi�;ineer� that as he understood 'Che me,tter� Mr. `LundkielmLs; idea
was that they would have to go over. Mr. Comatock asserted he did not
think the PI.�,B,S.D. D13trict would change their plans unleas eomething
was firmed up,
Council.man Wri�ht etated he wished to see the City of Fridley Have � long
range polir.y on service drives so that they would be so prepared in the
ftiture� tYiat he would like a policy to attempt to plan for��aexvlce
drives on all major divided hi�hwaye 100 per cent of their le,ngth an
both sides bec�use the local traffic patterns are going to get�increasingly
difficult. He explained that eventually they would be'i9ced�with tra£i'ic
proUlems on �ide streets and would 3.ike to see thia as an officlal
policey so as to always have a serviee dr3ve. '�
Councilmr�n Wri�;ht stated there was a very rapidly growing unauthorized
junk yard by the dog kennel and the administral%ion should talse steps
to elimina+,e ii„ �
_ , i
ADJOUItN: I
- � �
There beang no 1�Fther busineas� Mayor Nee declared the Regular COUnci1
Meeting of November 2� 1964 adjourned. . �
Respect�dlly uubmitted� II
.'v�.�! � ^ � �
Sue Pfliskowic William J. Nee
Secretary to i;he Cvuncil Mayor 'i