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10/04/1965 - 00021843208 NIr s Mrs. Mrs. Mrs. Mrs. Mrs, Mrs, WARD 3 - PRECINCT 3 Jean Phelan Claire Henderson Kathleen Edstrom Helen Truenfels Vera Gorzyski Margaret IZurak Donna Novak COUNCILMAN COUNCILMAN COUNCILMAN COUNCILMAN Mr. Edward Fitzpatrick Mrs. Lester Hungerford Mrs. Pearl Sandstrom Mr. Paul Peterson Mrs. Sean Jackson Mrs. Myrtle Hanson Mrs Regina Markwood � ���� ��� MAYOR - ' LIAM J NEE The motion was seconded by Kirkham. Upon a-voice vote, there being no nays, the motion carried unanimously. The meeting was ad�ourned Respectfully submitted, Marvin C. Brunsell Acting Secretary to the Council �,���� �--� ��, William J. Nee Alayor THC MINUTES OF THE REGULAR COUNCIL MEETING OF OCTOBER 4, 1965 A regular meeting of the Council of the City of Fridley was called to order by Mayor Nee at 8;05 P.M. ROLL CALL: MEMBERS PRESENT: MENiBERS ABSENT: Nee, Kirkham, Sheridan, Thompson, Wright (Wright arrived at 8:07 P.M ) None APPROVAL OF MINUTES - REGUTA R COUNCIL MEETING OF SEPTEMBER 20, 1965. Motion by Kirkham to adopt the minutes of the Regular Council-Meeting of September 20, 1965 as submitted. Seconded by Sheridan. Upon a voice vote, there being no nays, the motion carried unanimously. PUBLIC HEARING ASSESSMENT ROLL - SS&SW�k58 (CONTINUP�D FROM 8/23/65, 9/7/65, 9/20/65): Councilman Sheridan stated that he examined the records concerning Mr. Cochran's special assessment payments and discussed them with the Finance Director. He stated that, from all comments made concerning these assessments and after a review of same, rt is his belief the assessment roll, as given by the Finance ➢irector, is correct and should be adopted. He stated that if Mr. Cochran disagrees, Mr. Cochran should have the records examined by some impartial person or the courts in order to settle the dispute. � � � 20g Mr. Cochran asked the amount of the charges for Lo� -0�5 in Don's Sth Addition Councilman Sheridan stated that these charges are $1,524.00. Mr. Cochran asked whether he could be charged for a sewer line which is not there. Councilman Sheridan said that the line is there and can provide service to Lot �ES. Mr. Cochran stated that he paid $1100 for a direct connection to his building, connecking to it from the back. Councilman Sheridan stated that this charge was noY for Lot 5, but this charge was for a building located on Lot 15 in Auditor�s Sub-Division ik88• Councilman Sher�dan stated that it is the policy , of the City to charge a property owner for the cost of providtng service to his property when he connects to a sewer system for which the property was _ not assessed Mr. Cochran stated that he pald $1100 to make the connection to hZS building on Lot 15, Auditor's Sub-Divxsion No. 88, Mr Cochran stated that he does not like to take the case to court, Uut he believes this is the only way to settle the dispute Councilman Sheridan stated that the charge to which Mr, Cochran referred at a previous Council Meeting concerning Lot 15, Auditor�s Sub-Division No. 88 was for an additional Uuilding site on Pierce Street for which Mr. Cochran had not paid previously. Mr Cochran stated that he paid the special assessment against this extra 1ot when he paid the assessments for the sub-division. Mr. Cochran stated that he was charged $1150 Co make the connection to the line. He stated that he paid for con- stuction of the lateral along Pierce Street by the foot, and every foot was paid for. Mr. Cochran stated that the charge on the postcard to which he referred was for a connection to the building located on Lot 15, Aud7tor's Sub-Division �k88, and this charge was $1100 Councilman Wright asked Mr. Cochran whether this charge was for both sewer and water services, and Mr. Cochran answered, "Yes." The Finance Director stated that before Don's Sth Addition was platted, the City charged property owre rs for the construction of sewer and waL-er services by the building site. He stated that up to this time it had been assuimned there would be eight building sites in this sub-division. He stated that if the contention of Mr. Cochran is correct, that the charge assessed against his property was for building sites along Central Avenue, then there are � nine building sites along Pierce Street for which Mr. Cochran has only paid assessments on eight building sites. Mr. Cochran stated that he does not believe this is correct. He stated that he has received charges given on a per front foot 6asis. Councilman Sheridan stated that it was the practice at one time to assess 75% of the m st of construction on a per building site basis and 25% on a per front foot basis. Mr. Cochran stated that he received from the Finance Department statements for each of the nine lots on Pierce Street stating that the specral assessments had been paid in full for each of these nine lots. He stated that he obtained these statements when he conveyed a deed for these properties to the persons, and that one property owner, after receiving the deed, had been charge $900 for the special assessments. The Finance Director stated that if the contention of Mr. Cochran is correct, that he has not paid for special assessments on Central Avenue, then he has still not pa�.d for one building site on Pierce Street Councilman Wright asked Mr. Cochran whether he had the nine statements of the assessments, to which he was referring, with him at the Council Meeting. Mr Cochran answered that he did not have a11 of them with him Mr. Cochran did not produce any oF the documents. The Finance Director stated that he made one assessment roll on the basis of no assessments on Lot 5 in Don�s Sth Addition along Pierce Street. He stated that if it is the opinion of the Council that Mr, Cochran does not owe the City for specLal assessments on Lot 5, the Council could adopt this ro11. � Councilman Sheridan asked Mr Cochran if, when he requested rezoning of Lhe property, he did not have a preliminary plat oi the property, Councilman Sheridan stated that the Council would not consider rezoning of the property without some knowledge of the use which the property owner inteded to make of the property, this use would require some form of preliminary plat Mr. Cochran stated that the lots were not split up at the time the proper*y was rezoned. Mayor Nee asked Mr Cochran whether he examined the records of Che Finance Director. Mr. Cochran stated that he examined the records of tile Finance Director but he found that so many of the records were crossed out that he could not understand these records. ��� Councilman Sheridan asked the Finance Director whether it was correct that the amounts paid by Mr. Cochran for which Mr, Cochran contends he paid for construction along Central Avenue were applied to the property on Pierce Street. Mr. Brunsell stated that this is correct, that Mr, Cochran paid for construction along Pierce Street. Mayor Nee asked Mr. Cochran whether he contends that he made one lump sum payment for construction of sewer and water services along Pierce Street and the one additional charge was for construction along Central Avenue. Mr. Cochran stated that this is correct. Mayor Nee asked the Finance Director whether he assessed the cost of a11 of the construction of the line on � Pierce Street. The Finance Director stated that any 1ot or building site which has not paid for the cost of construction on Pierce Street must pay for this construction when connection is made to it. Mayor Nee stated that he believes the argument hinges upon whether Mr. Cochran paid for all of the building sites along Pierce Street. Mr. Cochran stated that this was not correct, that the charge which the City is making to him is for sewer and water services along Central Avenue. The Finance Director asked Mr. Cochran whether he still owns Outlot 1. Mr. Cochran answered, "Yes.° Councilman Sheridan asked Mr. Cochran whether has building is located on Lot 5. Mr. Cochran answered no that his building is located on Outlatl, Councilman Wright asked Mr. Cochran whether he is contesting the assessment for construction of the sewer main crossing Outlot 1. Mr. Cochran answered, "Yes." He stated that water lines are presently in existence on three sides of Outlot 1 and sewer on one side. He stated that he could connect to any of these lines and he does not see why he should be charged for another sewer line crossing Outlot 1. Councilman Wright informed Mr. Cochran that the sewer line crossing Outlot 1 is a main of the utility system which is paid for by the entire City and not paid 6y special assessments. Mr. Cochran stated that he receives no benefit from the construction of this main, Councilman Wright informed Mr. Cochran that he could pay the lateral charge for connection to the sewer and contest the charge for the crossing if he wished to do so. Mr. Cochran stated that if he were to make connection to sewer services, he would connect to the inain rather than to the lateral. ' Councilman Wright asked the Finance Director whether Mr, Cochran could indeed connect to the main in the back of the property and whether l�e would be charged for making such a connection. The Finance Dia'ector stated that Mr, Cochran could make a connection to the main across the back of the property, that connection to the main would cost him mare for construction of the connection than assessments for connection to the lateral. Mr. Comstock stated that construction on Central Avenue was made upon request from Anoka County to complete a11 services before Anoka County improved Old Centra L Anoka County stipulated that there would be no new construction on Old Central for a period of five years after improvement of the streets. Mr. Comstock stated that a hearing had been held in connection with the proposed construction along Old Central of services needed in the future. If the City installed these services before Central Avenue was improved, the City could construct these services in an open trench, whereas, if the City were to wait until after Old Central was improved, it would be necessary to �et and tunnel under 01d Central Avenue to make connections. Mr. Comstock stated that it was difficult to determine where crossings should be made at Old Central Avenue since this property�s not not developed. Mayor Nee asked Mr. Comstock whether it would make sense to construct a sewer lateral along Central Avenue and �ustify such construction as part of the sewer main construction which normally is financed by general funds Mr. Comstock answered that it would make sense to do this from an engineering view point, Mayor Nee asked Mr. Comstock whether he could visualize any benefrt to Mr. Cochran from such a construction. Mr. Comstock answered that it would be possible for Mr. Cochran to develop this land , in such a way to connect to this newly constructed main on Central Avenue. Mr. Cochran stated that he made connections to his building from Pierce Street. in 1962 or 1963. Mr. Comstock stated that the sewer line on Old Central runs closer to any buildings which would be located along Old Central than does the main behind O±+tlot 1. He stated that the building lots along Old Central which would be platted in Outlot 1 would have more than the usual depth, and it is conceivable that Outlot 1 would be split into two rows of lots rather than one row because of the depth of one row, It is conceiva6le that it would 6e necessary for the lots split on the west half of Outlot 1 to need sewer service from the present main installed across the back of Outlot 1. Mr. Cochran stated that the City ordinance requires that buildings along Central Avenue have a 100 fooL set-back. �i�. He stated that with such a large set-back, it is not conceivable to split Outlot 1 and have two rows of lots on Dutlot 1. He stated that with a 100 foot set-back the buildings wi11 be closer to the sewer main built across the back of Outlot 1 than to the sewer main built on Central Avenue. Councilman Sheridan asked whether, if the assessments were paid on Outlot 1, Mr. Cochran could hook up erther to the sewer main in back of Outlot 1 or to the sewer main on Central Avenue. The Finance Director stated that this is correct and if connection is made to a system for which the property has not , been assessed the pYOperty owner makZng such a connection would be reyuired to pay his portion of the cost of construction. The Finance Director stated further that he believes Mr Cochran thought the charge made to him in 1962 was for services on Central Avenue, whereas, it was for services on Pierce Street Mr, Cochran asked whether the VFW building wi11 be assessed for construction along Central Avenue. The Finance Director stated that the VPW is not assessed for this construction. Motion by Kirkham to close the hearing on the assessment ro11 for SS&S�d�k58. Seconded by Wright, Upon a voice vote, there being no nays, the motion carried unanimously. PUBLIC HEARING ASSESSMENT ROLL - 1965 SERVICE CONNECTIONS: The City Manager read the Notice of Hearing. The Finance Director stated that it is the purpose of the hearing to detexmine whether persons who connected to sewer and water systems and have not paid the full cost of these connections should be assessed for the connections in lieu of l�aying the full charge at the time of connecti�n. Mayor Nee asked whether anyone had any questions or ob�ections concerning the � assessment roll for 1965 service connections There were no ob�ections to the assessment ro11 Mayor Nee declared the hearing closed. PUBLIC HEARING ON IMPROVEMENT - SS&SW�k73-B: The City Manager read the Notice of Hearing. The City Manager stated that this Public Hearing was held to determine whether a number of sma11 improvement pro�ects for which the City received petitions in the past too late to include the work in a cons.ruction pro�e�ct in 1965 should be constructed during the following construction season He stated that the total cost of all these small pro�ects is $48,634.80. SEWER AI�D WATER MAINS AND LATERALS - DON'S STH ADDITION: Mr. James P Wilson, 1319 75th Avenue Northeast and Mr, Michael Svitak, 1381 75th Avenue Northeast, were present at the Council Meeting They stated that they received notice of the hearing and were asking the Council why their property is included in this pro�ect, They both stated that ehey have service connections for sewer and water to their lots. Mayor Nee answered that notices are sent to ' property owners in the surxounding azea in order to insure that all who may benefit from construction of the pro�ect wi11 receive notice of the pro�ect and all of them aren't necessarily included in the pro�ect. The City Engineer stated that this poztion of the pro�ect is made at the request of Don Anderson for service lines running fzom 75th Avenue into the cul-de-sac where he has a house under construction and wants to run services to this house. He stated that a;though this line goes near these properties, these properties do have service connections, and these properties are not inclu3ed in this project, Mayor Nee asked whether there wexe any other questions concerning this portion of the pro�ect. There were no other comments or questions concerning this portion of the pro�ect SEWER AND WATER LINES 250 FEET SOUTH OF MISSISSIPPI PLACC BETWEEN EAST RIVER RO"�_D AN➢ RIVERVIEW TERRACE: The City Engineer stated that this construction was planned at the request of one 2l� property owner who was ordered to connect to City sewer and water services. The City Engineer stated that, since this is somewhat of an emergency, it is possible that if the weather is good this part of the pro�ect could be added to another contract with the contractor in Innsbruck Sth Addition. He stated, however, that the contract� working in Innsbruck Sth Addition did not want to install the sewer laterals since he believes the price for which he is presently working is too low for construction of sewer laterals. Mrs. Edward Sakry, 6450 East River Road, Mrs. Ralph Waldrop, 6428 East River Road, Mrs. Walter Luckow, 6460 East River Road, were present at the Council Meeting and Mrs. Sakry stated that there has been a septic tank in service on their , property for 15 years and they have had no trouble with this septic tank. She stated that they do not wish to connect to the sanitary sewer or to water services at this time. Mayor Nee informed Mrs. Sakry that if she does have trouble with her septic tank, she will be ordered to connect to the sanitary sewer immediately and that it would be to her benefit to have the sanitary sewer services in the street in case such an emergency should arise. Mrs. Sakry stated that she has had not trouhle with the septic tank for 15 years and sees no reason why she should have any trouble with it in the future, although, she is aware that other people have had trouble with their septic tanks. The Mayor informed Mrs. Sakry that the City would like to construct a street, if the property owners wouldpetition for the construction of same, but before the street is constructed` it will be necessary for the Ci�y to have sewer and water services installed in the street. Councilman Wright asked Mrs. Sakry whether she is opposed to construction of sewer and water services at this time. Mrs, Sakry answered that she and Mrs. Waldrop ob�ect to the construction of the sanitary sewer services but they wi11 allow such services to be constructed and would be willing to pay the assessments for this construction. Councilman Wright stated that the City is concerned that fire and emergency vehicles wi11 have difficulty obtaining access to this property if the street in this area is not improved, but before the City improves the streets in this area it wi11 be necessary for the City to install the proper� sewer and water services in the street. Mayor Nee informed Mrs. Sakry that one of her neighbors needs con- struction of the sewer main badly. Mr. C. Breyley, 6454 East River Road, was present at the Council Meeting and , stated that he favors this construction since after sewer and water services are installed, the City can improve the road. Mr. Breyley stated that he already has sewer and water services ko his property. Mayor Nee stated that therewere no strenuous ob�ections to the construction of this improvement NORTH SIDE OSBORNE ROAD FROM EAST RIVER ROAD TO THE RAILROAD TRACKS: Mayor Nee stated that this proposed construction is for the benefit of three property owners. The City �ngineer stated that these three property owners were ordered by the Health Officer to connect to the sanitary sewer. Mr, Comstock stated that the cost of connection to the sewer lateral running in the right-of way along Osborne Road is extremely high, He stated that the cost of connection could be reduced if the property owners could make a service connection from the rear of the property and obtain an easement for the connection across ad�oining property to East River Road along the easement of the St. Paul water works. He stated that this would require construction of a six inch service line. DOnT'S FIFTH ADDITION: Mayor Nee stated that this was for construction of storm sewer only. There were no ob�ections to this portion af the improvement. ELY STRP,P�T NORTHEAST AND DOVER STREET NORTHEAST BETWEEN SROAD AVENUE AND EAST RIVCR ROA➢: , The City Engineer explained that it is the purpose of this construction to drain water standing in the road in Ely Street and in Dover Street along Block K, Mayor Nee stated that it is necessary to pave this street but the street cannot be paved until the water isckained from the street. Several of the property owners ob�ected to the size oi the drainage district. They stated that water drains from other areas in the district and the drainage district should be larger than it is planned in the pro�ect. Mayor Nee asked the City Engineer what is the reliability of the drainage district. The City Engineer stated that the drainage district is an shown on the pro�ect plans. Mr. Comstock stated that someone owned two houses in a marsh and that this water formerly drained � 1 R3 into the marsh. Since the owner �illed in the marsh and built upon this property, the water drains into the road�s not standing there. There was a lengthy discussion between the Council and many of Lhe property owners concerning this construction. Mr, Arnold Englund, 470 E1y Street Northeast, owner of Lots 18, 19, 20, and 21 in B1ock fi of Spring Brook Park Addition oU�ected to this construction on the grounds he did not receive any benefit from the construction Mr. Donald Hostetter, owner of Lot 40, block K in Riverview Heights, sent a written ob�ection concerning this pro�ect. � FRIDLEY S'i'REET FROM 66TH AVENUE NORTHEAST TO 67TH AVENUE NORTHEAST: There were no ob�ections to this portion of the construction. SISSIPPI PLACE AT RIVERVIEW TEARACE: There were no ob�ections to this portion of the construction Mayor Nee declared the hea:ring closed, OLIITION ��176-1965 CONFIRMING ASSESSMENT FOR STORM SEWCR, WATER, AND Councilman Wright stated that he believes it would be better to adopt the assessment roll with the assessments on Lot 5 in Don's Sth Addition deleted from the roll. Mayor Nee stated that he favors adopting the same assessment ro11 and that if Mr. Cochran should make a connection to the storm sewer on Central Aveenue then Mr. Cochran would be charged with the connection costs and the portion of the pro�ect cost assessible against this property, Council- man Sheridan informed Mr. Cochran that the Council proposes not to assess Lot 5 in Don's Sth Addition from this construction, hut will assess for construction of the improvements benefitting Outlot 1. He stated that the amountcf this assessment would be $4,135.12. Mr. Cochran noted that this amount is higher than the assessment given in the prior ro11 for Outlot 1 Mayor Nee stated � that deleting assessments from Lot 5 in Don's Sth Addition raises the assessments to the other properties. Mr, Cochran asked if he were to build upon Outlot 1 would he be charged an additional amount for connection to the storm sewer system on Cqntral Avenue. The Finance Director answered that he would not be charged for making this connection to buildings on Outlotl. Motion by Wright to adopt Resolution #176-1965 and include the alternate assessment roll with assess^zents at the rate of $8.14 per front foot Seconded by Thompson. IIpon a voice vote, there being no nays, the motion carried unani- mously. PROPOSED AMENDMENT TO CHAPTER 56 - SIGNS (TABLED 8/16/65, 9/20/65): Motion by Sheridan to table consideration of the proposed amendment to Chapter 56 until a final report has been received from the Chamber of Commerce concerning the proposed amendment to Chapter 56. Seconded by Thompson. Upon a voice vote, there being no nays, the motion carried unanimously. ORDINANCE AMENDING CHAPTER 24 - PARKS AND RECREATION COMMISSION (TABLED 9/20/65)• Motion by Wright to adopt the Ordinance Amending Chapter 24 upon first reading. Seconded by Sheridan. Mayor Nee stated that there was no request to read the Ordinance. Upon a voice vote, there being no nays, the motion carried unanimously, , ORDINANCE DESIGNATING CHAPTER 20 - HANDBILL DISTRIBi1TI0N (TABLED 9/20/65): The City Manager stated that copies of the ordinance were mailed to the persons as requested by Council. The City Attorney stated that he did not believe the Chamber of Commerce has met and considered this ordinance since it was referred to them. He stated that he believes the board of the Chamber of Cammerce wi11 want to consider this ordinance before the Council adopts it, Motion by Thompson to table to the regular Council Meehng of November l, 1965 consideration of the Ordinance Designating Chapter 20 - Handbill Distribution Seconded by Wright. IIpon a voice vote, there being no nays, the motion carried unanimously. REAFFIRMING RESOLUTION i6144-1965 (TABLED 9/20/65): The City Attorney stated that thereason the Council was asked to reaffirm �� � this resolution is that an amendment was made to the resolution He stated that the amount requested for this pro�ect has been reduced to $79,769.00 and the description has been altered in order to better describe the pro�ect area. Motion by Wright to adopt the corrected version of Resolution �'�144-1965. Seconded by Thompson. Upon a voice vote, Councilman Kirkham voting no, the motion carried SECOND READING OF ORDINANCE N0. 312 TO AMEND SECTION 77.01 - BEACH CLOSING: Motion by Wright to adopt Ordinance �k312 amending Section 77.01 upon second , reading and publish same. Seconded by Sheridan. Upon a voice vote, there being no nays, the motion carried unanimously. SECOND READING OF APPROPRIATION ORDINANCE N0. 313 - 1966: Motion by Rirkham to adopt the Appropriation Ordinance No. 313 for 1966 upon second reading and publish same. Seconded by Sheridan. Upon a voice vote, there being no nays, the motion carried unanimously. SACRLD I-I�ART CEMETERY - ABATE ASSESSMENTS: Mr, Ward Gronfield was present at the Council Meeting representing the Sacred Heart of Jesus Catholic Church. He stated that he has not heard the report of the City Httorney nor the City Finance Director concerning the request of the Sacred Heart oE Jesus Catholic Church to abate assessments on the cemetery. Mr. Gronfield stated that he believes it is doubtful whether it is proper and legal under Chapter 308 of the Minnesota Statutes to assess cemetesy property. He stated that in any event he does not believe that the cemetery benefits from construction of street improvements, curb and gutter, Mr. Gronfield stated that the cemetery owners are willing to remove the fence on the street easement, if the assessment is abated, to a11ow for improvement of the street. Mr. Gronfield stated that there is some question whether the cemetery has dedicated an easement to the City for construction of 54th Avenue Northeast but the cemetery is willing to dedicate whatever interest the cemetery has in the property to the ' City. Mayor Nee asked the City Attorney whether he agrees with Mr. Gronfield's contention that under Chapter 307 of the Minnesota Statutes there can be no assessments placed against cemetery property. The City Attoxney answered that Statute 307 is a new statute and does provide that cemetery property can`t be taxed or assessed. He stated, however, that there is a question whether this cemetery property fits the definition of cemetery property given in the statute. Mr. Brunas Smoka was present at the Council Meeting representing the ceene_ery owners, He stated that this land has been used as a cemetery for 51 years irom the time it was first provided to the Sacred Heart of Jesus Catholic Church. He stated that markings on the graves substantiate that this land h as Ueen used as a cemetery for 51 years. Mr. Gronfield stated that he believes it was the intent of the legislature in adopting Statute No. 307 that property which has been dedicated for cemetery use should be tax free and assessment free. Mayor Nee asked the City Engineer whether the City should build 54th Avenue Northeast to offset around the cemetery property, The City Engineer replied that the owner of the property south of the cemetery is willing to give the Crty a five foot easement if he can include this 5 foot easement in the lot ' area in order to comply with the zoning ordinances requiring a minimum amount of property for construction of a four-plex. The City Engineer stated, further, that if the street is built upon the easement included inside the cemetery fence it would be necessary to remove six trees from the easement. The City Attorney stated that the street now named 54th Avenue Northeast had been dedicated to the Township at an earlier date as a town road, and the cemetery owners moved out, fenced the easement dedicated to the town- ship and put a grave upon this easement, apparently with no ob�ection on the part of the Township officials, Village officials or City officials at any time. The City Attorney stated that Mr, Gronfield raised the question of whether or not the City is estopped from claiming this easement since it has allowed the cemetery to build a grave upon the easement. Mr. Smoka 21� stated that eleven years ago when the cemetery built a new fence upon the same location, he inquired of the Village officials whether there was any ob�ection to construction of the fence at this location. He stated that the Village officials informed him that the street at this point is 30 feet wide and that this fence can be built inti7is location, He;stated that cemetery owners moved the fence two feet back from what they believed to be the property at this time with the concurrence of the Village officials. Mr. Gronfield stated that he would suggest a compromise. The City may need a thirty foot easement and instead of construction of a proper retaining � wall along the easement the City could slope the land, build a fence at the top of the slope and have the park maintenance men maintain the slope. Mr. Gronfield stated that the cemetery owners are willing to accept assessments for street improvements and in return for granting this easement to the City and moving the grave upon the easement, the cemetery owners wish to have the storm sewer, sanitary sewer, and water assessments abated, Councilman Shexidan asked what the amount of the assessments are against the property. Mr. Gronfield answered that there is a charge of $1500 for construction of sewer and water improvements. Mr. Gronfield stated that the cemetery does not use sewer or water, and that the cemetery property drains toward T.H. �'k100 such that the cemetery receives no benefit from construction of sewer and water services or storm sewer drainage, The City Engineer stated that if the cemetery property drains into the storm sewer system along T.H �k100 the cemetery is liahle for an assessment for construction of the storm sewer system on T.H. -0�100 since rt contributes water to this storm sewer system. Mayor Nee asked Mr. Smoka what assurance the City has that the cemetery would not use sewer attd water services in the future. Mr Smoka answered that the Sacred Heart of 7esus Catholic Church has only 60 parisioners, that it cannot afford to build upon this property and make construction requiring sewer and water services. Mr. Smoka said that he believes the cemetery property benefits from construction of street improvements, but does not benefit from construction of sewer and water services. Motian by Wright to abate the present assessments for construction of sanitary sewer and water services against the cemetery property, to state that it is the policy of theCity not to place future storm sewer assessments against the cemetery property upon receipt of a pledge from the cemetery owners that they have no objections to street assessments and a dedication to the City by the cemetery owners of their interest in the street easement along 54th Avenue Southeast, Seconded by Sheridan The City Attorney stated that if the cemetery owners move the f�nce or allow the City to move the fence and take out the grave upon the easement, the cemetery owners will be estopped from claiming the easement as cemetery property in the future. Councilman Sheridan stated that rather than set the precedent of not assessing the cemetery £or storm sewer assessmett s, he preferred that the City provide the cemetery owners with the sum of the assessments inthe form of a check, as payment for a deed to the street easement, which the cemetery owners could sign and return to the City Motion by Sheridan to amend the motion to the effect that the City will pay the cemetery owners the sum of the assessment for sewer and water services in return for the street easement along 54th Avenue Northeast, and an agreement on the part of the cemetery owners that, should the land be used for purposes other than a cemetery, the owners would not ob�ect to assessments against the property. Seconded by Wright Upon a � voice vote, there being no nays, the motion to amend carried unanimously. VOTE UPON THE ORIGINAL MOTION: Upon a voice vote, there being no nays, the motion carried unanimously. COMMUNICATION HODNE: SERVICE DRIVES ALONG iTNIVERSITY AVCNUE Motion hy Wright to receive the communication From Hodne Associates concerning the service drives along University Avenue. Seconded by Sheridan, Upon a voice vote, there being no nays, the motion carried unanimously. � 1_ �i LOCATION OF SERVICE DRIVE AI.ONG UNIVERSITY AVENUE AT 57TH AVENUE NORTHEAST; Mr. Clarence Graves was present at the Council Meeting and Mr. Ward Gronfield was present representing Mr. Graves. Mr. Gronfield stated that he understood a Building Permit was granted to Mr. Graves. He stated that Mr. Graves came to the City Ha11 to pick up his Building Permit and did not receive the Building Permit. The City Manager stated that the Building Inspector was gone on vacation and he would ask the Building Inspector, upon his return, why the Building Permit was not available to Mr. Graves. Mayor Nee showed Mr. Gronfield and Mr. Graves the proposed plan of Mr. Hodne , for location of the service drive along IIniversity Avenue. Mr. Gronfield stated that he believes construction of this proposal will reduce the value of the property to Mr. Graves. Mr, Gronfield stated that construction of a traffic separating island in 57th Avenue Northeast would destroy the value of the property for a service station. The City Manager infoxzned Mr. Graves that he believes the City will have a traffic problem at this intersection which will pile up traffic on 57th Avenue Northeast and make it difficult for custamers to obtain access to the service station or leave the service station and obtain access to 57th Avenue Northeast. Mr. Graves stated that he has a problem convincing the buyers of this property that such a traffic problem would reduce business to the service station. Mr. Gronfield asked whether it would be possible to have both service drives built at this intersection. The City Manager said that he believes this question should be studied. Motion by Wright to refer consideration of changes in the East Service Drive at 57th Avenue Northeast and University Avenue Northeast East Service Drive to the Administration, direct the Administration to refer plans and the comments of Mr. Gronfield and Mr. Graves to the Minnesota Highway Department engineers and ask for a con€erence with the Minnesota Highway Engineers to design this intersection. Seconded by Thompson, Upon a voice vote, there being no nays, the motion carried unanimously. CAST SERVICP� DRIVE ALONG UNIVERSITY AVENUE AT MISSISSIPPI STREET: Councilman Wright stated that he spent some time reviewing plans for construction � of the service drive at the intersection of Mississippi Street and University Avenue. He stated that he is convinced that the proposal of Mr, Hodne should be carried out at the nostheast and the southwest corners of this intersection, at this time, regardless of whether there is an Urban Renewal pro�ect in this area. Councilman Kirkham stated that he could not see the value of changing the service road on the northeast corner of this intersection as the service road only extends for two more blocks beyond this intersection. Mayor Nee stated that it is necessary to make plans to divert the service road, and there is a question how the service road location could be changed without damaging too much of the property at the interseation. Mayor Nee asked Mr. Theisen, who was present at the Council Meeting, whether he would give the City an easement to relocate the service drive in return for obtaining half of the present easement along the east service road of University Avenue. Mr, Theisen and Mr. Kranz discussed relocation of the east service �ive, the use of part of this easement by the Minnesota Highway Department for snow storage, and the relocation of the proposed Red Owl Store upon the property if the service road is changed to such a locatimn. Mr. Theisen stated that it will be necessary for him to change his agreement with the mortgagee if the service road is changed since he would have to change the description of the 1and. Mr. Theisen stated that he believes x`elocation of the service drive could be made without harming the property. Councilman Wright pointed out that if the service drive is relocated along the east line of the property, the ob�ections of the property owners to the east of the property ' concerning rezoning this property would be reduced. He stated that it would be possible to rezone the residentially zoned property nosth of the proposed location of the Aed Ow1 Store if the property owne�rs to the east and north of this property do not ob�ect to this rezoning. Mr. Theisen asked the Council to grant a Building Permit for construction of the store and stated that he would not construct the building until the City had an opportunity to make an agreement with the Minnesota Highway Department for relocation of the service drive. He suggested that once the agreement is made between the City and the Minnesota Highway Department, he could begin construction of the store and the construction of the roads could take place later. Mayor Nee asked Mr. Theisen how long he could wait for the Ci_ty to reach an agreement with the Minnesota Highway Department. Mr. Theisen answered that �i� he believes he r.ould wait another month, that it is almost winter now and that construction would then begin in the spring. Mr, Theisen stated that he needs an extension of his mortgage commitment to delay construction and he needs a Building Pexmit in order to satisfy the agreements which he made, Councilman Kirkham stated that all the committees and commissions of the City have approved the request of Mr. Theisen for a Building Permit, that Mr Theisen has agreed to delay construction until the agreement can be made and he sees no reason why Mr. Theisen should not be granted a Building Permit at this time Motion by Wright that Che City adopt the general features of the Hodne plan for ' relocation of the service drive at the intersections of 57th Avenue Northeast, 61st Avenue Northeast and Mississippi Street Northeast with University Avenue, to request the Administration to work with the Minnesota Highway Department, to obtain a change in Che routing of the service drives in accordance with the plans discussed by the Council this evening in so far as practical, to effect an exchange of the easement of the east half of IIniversity East Service Drive with an easement along the east side of the property of Mr Theisen at University Avenue and Mississippi Street and report to the Council concerning pzogress of these negotiations at The regular Council Meeting of October 1S, 1965. Seconded by Sheridan. Upon a voice vote, Councilman Kirkham voting no, the motion carried. Motion by Wright that the Administration be authorized arrldirected to confer with the Minnesota Highway Department and the property owner, to develop a proposal, including the amount of any incidental costs involved in such a proposal, for a trade of the present east hali right-of-way of the University Avenue East Service Drive for an easement located at the east edge of the propezty of Mr. Theisen between Mississippi Street and 66th Avenue Northeast 1965. Seconded by Sheridan. Upon a voice cote, there being no nays, the motion carried unanimously Motion by Wright that the City Administration confer with the Minnesota Highway Department and the City Planner to develop a plan £ur the relocation of the West Service Drive of University Avenue on the southwest corner of Mississippi Street and University Avenue, such that the service drive will be relocated to � the west of the intersection and direct the Administration to prepare szch a proposal with a report of the costs incidental to the proposal for consideration at the next regular Council Meeting of OctoUer 18, 1965 Seconded by Sheridan Upon a voice vote, there being no nays, the motion carried unanimously. BOARD MEETING MINUTES - SEPTEMBER 22, 1965 BUILDING PERMIT-SOHN THEISEN-CASHWAY STORE,6525 UNIVERSITY AVENUE NORTHEAST: Motion by Kirkham to concur with the Building Board and the SaFety Committee and grant a Building Permit for construct�on of a Cashway Store at 6525 University A.�enue Northeast to Mr. Theisen and Mr D. S. Kranz. Seconded by Sheridan. Upon a voice vote, there being no nays, the motion carried unanimously BUILDING PERMIT - SHELDON MORTENSON - HOWAR➢ JOHNSON RESTAURANT 5275 CENTRAL AVENUE NORTHEAST• Mr. Mortenson was present at the Council Meeting and showed the Council plans of the construction. He stated that he originally asked the Council for a fifty foot set-back for construction of the Howard Johnson Restaurant, but 70" would be the set-back as planned now. Motion by Thompson to concur with the Building Board and grant therequest of Mr. Mortenson for a Building Permit for construction of a Howard Sohnson ' Restaurant at 5275 Central Avenue Northeast Seconded by Sheridan, Upon a voice vote, there being no nays, the motion carried unanimously. bUILDTNG PERMIT - JULKOWSKI - 32 UNIT APARTMENT BUILDSNG AT 215 CHARLES SIREET NORTHEAST• Mr. Julkowski was present at the Council Meeting and showed the Council plans for construction of the apartment building. He stated that he wi11 discuss with the financiers of the pro�ect construction of a larger apartment building as discussed at the previous Council Meeting Motion by Kirkham to concur with the Building Board and grant the request of Mr. Julkowski for a Building Permit for construction of a 32 unit apartment building located at 215 Charles Street Northeast. Seconded bq Thonpson. Upon a voice vote, there being no nays, the motion carried unanimously Z�g BUILDING PERMIT - BERNARD JULKOLdSKI - FURNITURE STORE AT 1336 OSBORNE ROAD NORTHEAST: Councilman Wright asked Mr. Julkowski what the plans are for draining the parking lot in front of the store. Mr Julkowski showed the plans of the furniture store to the Council. The City Engineer stated that since Mr. Julkowski ocans a11 the plat surroundxng the location of the furniture store in the City of Fridley, he does not believe the City will have trouble with drainage on this part of the pxoperty. Motion by Thompson to concur with the recommendation of the Building Board and , grant the request of Mr. 7ulkowski for a Building Pexznit to construct a furniture store at 1336 Osborne Road Northeast. Seconded by Wright. Upon a voice vote, there being no nays, the motion carried unanimously DITCH BACK-FILLING - JULKOWSKI: Mayor Nee asked Mr. Julkowski whether he has dredged the sludge from the ditches upon his property. Mr, Julkowski answered that he has a contract with Farr Plumbing to do so and Mr. Farr assured him that this would be the first item of work to be completed. The City Manager info�ed Mr. Julkowski that if he does not dredge the ditches it will be necessary for the �itcy to do so and charge Mr. Julkowski for the costs incurred. Mayor Nee informed Mr. 7ulkowski that property owners have been flooded as a result of this ditch back-filling a11 summer, and the past rains have continued to flood their property. Mr Julkowski stated tha�he Uelieves Farr Plumbing will dredge the ditches as soon as weather permits. PETITION 24-1965 YOR MAINTENANCE OF PORTIONS OF WASHINGTON STREET, JEFFERSON STREET, AND 57TH PLACE NORTHEAST: Mr. Ben�amin was present at the Council Meeting and asked the Council what the City could do to maintain these streets. The City Engineer showed an aerial map to the Council and explained the conditions of the streets where Mr. Ben7amin and his neighbors live. Mr. Sen�amin stated that he and his neighbors want the City to improve portions of Washington Street and Jefferson � Street to SSth Avenue. The City Engineer stated that these roads are maintained. Mr. Ben�am�.n-stated that these roads have been plowed once in sixteen years, and the last time gravel was put on these streets was five yeazs ago. He said that he does not consider this adequate maintenance. Councilman Sheridan pointed out to Mr. Ben�amin that only one-half of Jefferson Street could be built and that the entire assessment for this construction would be placed on the property owners on one side of the street, He stated that the other half of Jefferson Street is not a dedicated street and can�t be built and maintained. Mr. Ben�am�n stated that 80% of the property owners owning 12 of 14 lots along Jefferson Street I�ave petitioned for this improvement. Councilman Wright asked whether it would be possible for these two property owners todedicate another thirty feet in order to build a full street. Mr. Ben�amin answered that when Donnay's Addition was built, the buildings were located on land on the other thirty feet of the street and �hat taking thirty feet of the street, on the west side of the present easement, would take the necessary front yard from his 1ots. �he City Manager stated that all the other property owners pay for improvements c= paving, eurb and gutter on the streets, whereas, everyone in the City pays for a graveled street, and construction af a gravel street has not been a policy of the City. Mayor Nee asked Mr. Ben�amin whether he would be willing to accept assessments for construction of a gravel street. Mr. Benjamin stated that he does not belieaze the cost would be great to build a gravel street. Mayor Nee asked Mr. Ben�amin why he did not buy gravel and put it in the street. , Mr. Ben�am�n stated that the sand in the street is of such depth that it wi11 be necessary to remove a considerable amount of the sand and replace it with rock before the gravel street could be huilt, He stated that he believes he could sell the sand on the street easement except that the street doesn't belong to him so he doesn't have the right to seil the sand, Mayor Nee proposed to Mr. Ben�amin that the City take the sand for its own use and Mr, Ben�amin supply the gravel and crushed rock necessary to fill and improve the street, Mr. Ben�amin stated that he could not co�ait himself to sucte a pro�ect until he had talked to the other property owners and obtained their agreement. The Council took no action upon this matter. AWARD OF CONTRACT - COMPACT The City Manager read the following list of bids and explained the bid specifications for the compact car: , � 1 NAME OF FIRM Tom Ward Motor Sales 131 W. MaLn Street Anoka, Minnesota Minar Company 1708 Central Ave. N.E. Minneapolis, Minn. Anderson Dodge-Dart 1201 East Lake Street Minneapolis, Minn. Broadway Chrysler-Plymouth 1527 West Broadway Minneapolis, Minnesota Central Motor Sales, Inc. 2007 Central Avenue N.E, Minneapolis, Minnesota River Motors 656 East Main Street Anoka, Minnesota Downtown Chrysler-Plymouth 1518 Hennepin Avenue Minneapolis, Minnesota Main Motor Sa1es Company 222 East Main Street Anoka, rlinnesda. Northside Mercury-Comet 80D West Broadway i�finneapolis, Minnesota Midway Dodge, Inc 1013 University Avenue St. Paul, Minnesota Jack Mulligan Ford, Inc. 683 East 7th Street St. Paul, Minnesota Midway Fard Company 1$50 University Avenue St. Paul, Minnesota Attention: Ned Brandt Downtown Chevrolet Co. 1301 Harmon Place Minneapolis, Minnesota Ken-Ray Cheverolet, Inc. 1625 West Broadway Minneapolis, Minnesota Larson Chevrolet, Inc. 420 Central Avenue N.E. Minneapolis, Minnesota Osseo Motor Company 208 Central Avenue Osseo, Minnesota Central Rambler Sales 2628 Central Ave. N.E. MinneapolLS, Minnesota C SECURITY NO BID NO BID BID PRICE Certified Check 1966 Dodge Dart $97.90 $1958.00 NO BID Certified Check 1966 Valiant V100 $95.00 $1900.00 NO BID NO BID Certified Check $100.00 NO BID NO bID NO BID NO BID NO BID NO BID NO BID NO BID Certified Check $83.90 1966 Chevy II $1898 00 1965 Rambler American 6505-0 s1677 94 219 DATE OF DELIVERY 30/40 days 30 days 40 days October 15, 1965 2�� Larsens Bob-Ford Company 107 Central Avenue Anoka, Minnesota NO BID Kobb Rambler 654 University Avenue NO BID St. Pau1, Minnesota - The City Manager recommended the pur�hase of a 1966 Ghevrolet I2, stating that depreciation on the 1965 car likely will be more than the $222 saving which the City could obtain by accepting the bid of a 1965 Rambler American. Mayor Nee , stated that he believes the City would drive the compact car until its value would be relatively worthless and the difference in depreciation would never be gained for the City. Motion by Izirkham to award the contract for purchase of a compact car to Central Rambler Sales, 2628 Central Avenue Northeast, Minneapolis, Minnesota, in the amount of $1,677.94. Seconded by Thompson. Upon a voice vote, there 6eing no nays, the motion carried unanimousiy. BUILDING PERMIT - 6001/6005 UNIVERSITY AVENUE NORTHEAST - MARCHIAF Motion by Sheridan to table the request of Mr. rlarchiafava for a Building Permit to repair his property at 6D01/6005 University Avenue Northeast. Seconded by tdright. Upon a voice vote, there being no nays, the motion carried unanimously. BUILDING PERMIT AND VARIANCE - 616 RICE CREEK TERRACE - SEIGRIST: Motion by Wright to approve the request of Mr. Seigrist for a Building Permit and grant a Variance of the side yard requit'ement from 5 feet to 4 feet to permit construction of an attached garage upon his property at 616 Aice Creek Terrace. Seconded by Rirkham. Upon a voice vote, there being no nays, the motion carried unanimously. BUILDING PERMIT AND VARIANCE 565 - 57TH AVENiTE NORTHEAST - ERICKSON: Councilman Sheridan stated that he examined the property of Mr. Erickson and � that the west wall of Mr. Erickson's house was damaged by the storm and required rebuilding He stated that Mr. Erl.ckson is requesting a Building Permit for construction of a carport and needs a variance to extend the construction to within 3 feet of the side yard lot line. Motion by Wright to grant the request of Mr. Robert Erickson for a Building Permit to repair his home and construct a carport upon his property at 565 - 57th Avenue Northeast, and grant his request for a waiver of the side yard variance from five feet to three feet to permit construction of the carport. Seconded by Sheridan. Upon a voice vote, there being no nays, the motion carrled unanimously. BUILDING PERMIT AN➢ VARIANCC 953 - 68TH AVENUE NORTHEAST - WAGNER: Mr. Wagner was pres,ent at the Council Meeting and requested the Council to grant a Building Permit to him to reconstruct his home ixpon his property at 953 - 68th Avenue Northeast. He stated that he wishes to build a larger attached garage upon his property and requested a variance to within four feet of his side yard lot line. Mr. Wagner stated that he could not locate his next door neighbor to obtain his agreement to the variance. Motion by Thompson to grant the request of Mr. Wagner for a Building Permit to reconstruct his property at 953 - 68th Avenue Northeast and grant his ' request for a waiver of the side yard requirement from five feet to four feet to permit construction of an attached garage. Seconded by Sheridan. Upon a voice vote, there being no nays, the motion carried unanimously. PLANNING CONIMISSION MEETING MINUTES - SEPTEMBER 23, 1965: REZONING OUTLOT 1, MELODY MANOR 4TH ADDITION FROM R-1 TO C-1 (ZOA ��65-04), DR. T. H. LESTER: The City Manager read the motion of the Planning Commission recommending approval of the request of Dr. T,H. Lester to rezone Outlot �kl, Melody Manor 4th Addition. Motion by Kirkham to concur with the Planning Commission and order a Public IIearing for the date of NovemUer 1, 1965 for the rezoning request of �ryi Dr. T. H. Lester to rezone Outlot �fl, Melody Manor 4th Addition from R-1 (Single family dwelling) to CR-1 (offices and office buildings for medical, denCal, optical clinics, apothecary shops, harmless and inoffensive laboratories, accessory to permitted uses in the same building) Seconded by Sheridan. Upon a voice vote, there being no nays, the motion carried unanimously. PARKS AND PLAYGROUNDS FULL TIME SUPERINTENDENT: Mayor Nee asked the City Manager whether there would be enough money in , the budget to hi_re a full time park superintendent in April, May or June The City Manager stated that it would be necessary to have a paxk superin- intendent in the winter in order to maintain the skat5ng rinks. Councilman Kirkham stated that he does not believe the City can afford a fu11 time parks attendant at this time, Councilman Wright stated that he believes the City should hire a full time attendant at this time and Ma�or Nee asked the City Manager whether it would be possible for the Parks and Elaygrounds Sub- Committee and the Recreation Commission to change the budget in order to furnish the necessary funds to hire a full time park superintendent Councilman Wright suggested that when the Parks and Playgrounds Sub-Committee and the Recreation Commission are merged, the budget can be amended to take some of the money for recreation personnel and use it to pay a full time park superintendent. i__., � Motion by Kirkham to receive and file the reri��_nder of the minutes of the Planning Commission. Seconded by Thompson. Upon a voice vote, Kirkham, Wright, Thompson voting yea, Nee and Sheridan voting nay, the motion carried, FRIDLEY HOUSING AND REDEVELOPNtE�T AUTHORITY MEETING MINUTCS, SEPI�MBER 15, 1965: Motion by Kirkham to receive and file the minutes of the Fridley IIousing and Redevelopment Authority Meeting of September 15, 1965 Seconded by Wright. Upon a voice vote, there being no nays, the motion carried uuanimously FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY MEETING MINIITES, SEPTT,MBER 22, 1965• Motion by Kirkham to 2eceive and file the minutes of the Fridley Housing and Redevelopement Authority Meeting of September 22, 1965 Seconded by Tdright, Upon a voice vote, there being no nays, the motion carried unanimously COMMUNICATIONS SAMPSON; SPECIAL ASSESSMENTS Councilman Sheridan asked the Finance pirector when the assessment was levied against the proQerty. The Finance Director answered, "In 1962" Councilman Sheridan asked whette r the property owner made any oU�ections to the assessment at the assessment hearing. The Finance Director answered "No, not to my knowledge." Councilman Sheridan stated that the property owner has a larger lot than most other pxoperty owners in the City, that the lots apparently cannot be split and he does not know what the City can do to abate a portion of the assessments for the property owner. Motion by Sheridan to receive the communication from Mr. and Mrs Sampson Seconded by Wright, Upon a voice vote, there being no nays, the motion carried unanimously. CLF�1Pf5 : Motion by Wright to approve General and public Utilities Claims �k6524 through �k6773. Seconded by Sheridan. Upon a voice w ie, there being no nays, the motion carried unanimously. Motion by Kirkham to approve Liquor Claims �'k7857 through 7892. Seconded by Wright, Upon a voice vote, there being no nays, the motion carried unanimously ESTIMATES: Motion by Wright to approve the following estimates: �22 Karl Dedolph Construction Company 771 West Seventh Street St. Paul, Minnesota Estimate ��3 - Water Improvement Pro�ect No, 75-B (Booster Station - 63rd Avenue N.E. S T.H. -0k65) (Partial) $ 2,670J5 Comstock & Davis, Inc. Consulting �ngineers For: Furnishing of Professional Engineering 1446 County Road "J" Services for Planning; Minneapolis, Minnesota 55432 Estimate �k2 - Storm Sewer Improvement Pro�ect No. 71 (T.H. �'k47, noith of Mississippi Street) and Sanitary Sewer Improvement Pro�ect No. 72 (T.H. ;�47, north of Mississippi Street) C, S. McCrossan, Incorporated Route �F2, Bol: 322 Osseo, �Iinnesota Estimate �k4 - Street Improvement Pro�ect No. St, 1965-1 (1965 Municipal Program) (Partial) Estimate �'k4 - Street Improvement Pro�ect No. 1965-2 (1965 State Aid Program( (PaxiSal) $ 645.24 $ 10,384.18 $ 36,176.99 Seconded by Sheridan. Upon a voice vote, there being no nays, the motion carried unanimously. Motion by Thompson to approve the following estimates; INVOICE �UMBERS CONIRACTOR 1207 36702 36703 PAYMENTS TO DEBRIS CLEAN IIP CONTRACTORS Carlson-LaVine, Inc Truck Crane Service Co EQUIPMENT Crane w/operator Tractor w/operator 30 Ton Truck Crane Rubber Tired Loader Tractor & Trailer Dump , AMOUNT � $2,676,61 $2,087.75 Truck Crane Service Co, Tractor & Trailer Dump $ 146.88 Walter R. Freeman Walter R, Freeman HG 9 Cat Loader HG 9 Cat Loader $i,224 oa $ 306,00 TOTAL $6,441,24 Seconded by Izirkham Upon a voice vote, there being no nays, the motion carried unanimously. Motion by Kirkham to approve the claim of the Fridley American Legion Post ik303 in the amount of $120.00 for covering open basement doorways of,tornado damaged homes. Seconded by Sheridan. Upon a voice vote, there being no nays, the motion carried unanimously. LICENSES Motion by Sheridan to approve the following license applications: ELECTRICAL Na�rtte Side Electric Company 1109 West Broadway Minneapolis, Minnesota by: J. E. Stumpfa RENEWAL 1 � � ' GAS SERVICES Ace Heating Company 5000 Clinton Avenue South Sloomington 20, Minnesota G�N�RAL CONTR�CTORS [�,dams Construction Company, Inc. 2837 Girard Avenue South Minneapolis 8, NIinnesota S & K Builders 5727 Knox Avenue North Srooklyn Center, Minnesota Srenny Brothers Construction Co 6011 - 3rd Street N.E, Fridley, Minnesota � A. A. Hardy & Associates, Inc, z 8417 Riverview Zane Minneapolis 30, Minnesota S. & J. Associates, Inc. 9309 Lyndale Avenue South � a� Minneapolis, Minnesota o u w C � 3 Garth ,Tensen Company <n a i385 Selby Avenue � St. Paul 4, Minnesota h m � � Henry P. Korman � y 1028 - 37th Avenue N.E Minneapolis, Minnesota .a Kenneth J. Platt 7001 West Old Shakopee Road Minneapolis 31, Minnesota 0 c� � HEATING � m � Ace HeSting Company Q•� 8000 Clinton Avenue South o z� Bloomington 20, Minnesota o .+ ro � � MASONRY � C � O N � � 6 N Roger Sorensen Construction Co. z a�i .0 .�+ 1522 Sargent Avenue � w o o St. Paul 5, Minnesota z m � a 6 ta N � � � C PLUMSING H � �"1 ra U] V] W ,i. Carlson Plumbing Company 10143 - 3rd Avenue Hoyth Minneapolis 20, Minnesota H. B. Stone Plumbing Company 2101 West 67th Street Richfie7d, Nlinnesota OTHER LICENSES: MULTIPLE DWELLING Name and Address Gloria Schleiss 5800 - 4th Street N.E. Fridley, Minnesota Sames & .7anet Rudnitski 6035 Main Street N,E. Fridley, Minnesota by: Esic B Holland by: George M. Kelly by: ,Tames Bowman by; Roger C. Brenny by: R. C, Sandin by: Seffred W Leighton by: Garth IL. 7ensen by; Henry P. Korman by: Kenneth J. Platt by; Er�c B. Holland by: Roger Sorensen by; Leslie T. Carlson by: H.I B: S�tone= _ - -- ADDRESS OF APT. BLDG. 5800 - 4th Street N.E. 6035 Main Street N E. 223 RENEWAL NEW NEW NEW N�W NEW NEW NEW NEW RENEWAI, NEW R�h1�WAL NEW APT UNITS FEE 4 $10 00 4 $10 00 �Z� CIGARETTE LICENS� Les Standard Service Station Hwy, -0k65 S Osborne Road N.P. Fridley, Minnesota SERVICE STATION by: Lester Schaffran NEW Les Standard Service Station Ilwy. �k65 & Osborne Road N.E. Frldley, Minnesota by: Lester Schaffran NEW Seconded by Wright. Upon a voice vote, there being no nays, the motion carried unanimously. ESTIMATE - SMILEY & ASSOCIATES - BLUEPRINTING AND REPRODUCTION: �he City Manager stated that he has not received an itemized bill from Smiley and Associates. Motion by Wright to table consideration of the estimate of Smiley and Associates for blueprinting and reproduction expenses. Seconded by Kirkham. Upon a voice vote, there being no nays, the motion carried unanimously. AGREEPIENT - MINNEAPOLIS GAS COMPANY: Motion by Wright to authorize the City Manager and the City Attorney to write an agreement with the Minneapolis Gas Company to protect the City�s interests and to grant a permit upon the request of the Minneapolis Gas Company for an extension of services at 77th Way Northeast and lst Street Northeast, Seconded by Sheridan. Upon a voice vote, there being no nays, the motion carxied unanimously. TENNIS COURTS - MOORE LAK� BEACH: - ' Councilman Wright stated that the Parks and Playgrounds Sub-Committee is eager- � to have the construction of the tennis courts on Moore Lake Beach completed and this amount has been included in the 1965 budget. The City Ma�r stated that if the Council desired to have the City advertise for bids, the City can encumber the funds in the 1965 budget. Motion by Wright that the City advertise for bids for constru�tion of tennis courts on Moore Lake Beach. Seconded by Sheridan. Upon a voice vote, there being no nays, the motion carried unanimously. SUPPLEMENTAL AGREEMCNT - FRIDLEY - COLUMBIA HEIGHTS, SS-0F12: , The City Attorney stated that Columbia Heights was going to consider this agreement on the previous Friday but he had no word concerning the actian taken 6y Columbia Heights He suggested that action on the supplemental agree- ment be tabled to the regular Council Meeting of October 18, 1965. Motion by Thompson to table to the regular Council Meeting of October 18, 1965 consideration of the supplemental agreement between Fridley and Columbia Heights for maintenance of storm sewer pro�ect ��12. Seconded by Wright. Upon a voice vote, there being no nays, the motion carried unanimously. AGRE�MCNT - PRIDLEY - COLUMBIA HEIGHTS - ESCROW FUNDS, SS�k12: The City Attorney stated that he would suggest this matter be tabled to the regular Council Meeting of October 18, 1965 since he did not know what action the City of Columbia Heights has taken on this agreement. Motion by Thomps�n to table to the regular Council Meeting of October 18, 1965 consideration of an agreement for escrow of funds for Storm Sewer Project ��12. Seconded by Wright, Upon a voice vote, there being no nays, the motion carried unanimously. APPOINTMr'NT; Motion by Sheridan to concur with the action of the City Manager and approve the following appointment; � � {_ J ' NAME ,7ames Blair Benedict 4407 Morgan Avenue North Minneapolis, Minnesota Seconded by Wright unanimously. POSITION Fulltime Bartender Bar ��2 (effective 9/16/65) SALARY $2.65 per hour ��� REPLACES Joe Tryman Upon a vo�.ce vote, there beu.g no nays, the motion carried ANNOiTNCEMENT OF M.S.A. HEARING: The City Engineer stated that he believes the M.S.A. E3earing will concern only minor changes in the matter of handling State Aid Funds. Motion by Sheridan to receive the announcement of M.S.A. Hearings, and direct the Administration to represent the CiYy at the M.S A Hearing Seconded by Wright. IIpon a voice vote, there being no nays, the motion carried unanimously. CHANGE ORDER ��1 - ST. 1965-2: The City Engineer explained the purpose of the change order. Motion by Thompson to accept Change Order i�1 for St, 1965-2 Saconded by Ka.rkham. Upon a voice vote, there being no nays, the motion carried unanimously CHANGE ORDER =k2 - ST. 1965-1: The City EngLneer explained the purpose of Change Order -0�2 fox Street Construc- t�.on Pro�ect 1965-1. Motion by Wright to accept Change Order ��2 for St, 1965-�. Seconded Uy Sheridan IIpon a voice vote, there being no nays, the motion carried unanimously. ON LOT TOR'S SUB-DTVISION Motion by Wright to adopt Resolution �k177-1965. Seconded by Thompson. Upon a voice vote, there being no nays, the motion carried unanimously. ASSESSMENTS ON LOT 1 THROUGH 7, BLOCK PARCEL 260, OAK GAOVE ADPITION: INCLUDING E'; OF .: Motion by Thompson to adopt Resolution �6178-1965. Seconded by Kirkham. Upon a voice vote, there being no nays, the motion carried unanimously RES07,UTION �E179-1965 - CONFIRMING ASSESSMENT FOR 1965 WATER AND SEWER MAINS, LATERALS AND SERVICE CONNECTIONS (SCHEDULE A): Motion by Wright to adopt Resolution -0�179-1965. Seconded by Sheridan. Upon a voice vote, there being no nays, the motion carried unanimously RESOLUTION �k180-1965 - ORDERING THE IMPROVEMENT, FInAL PLANS AND SPECIFICATIONS: SS&SW�673-8• Motion by Kirkham to adopt Resolution �'k180-1965 with deletions of item A-3 "Construction of the poction of the improvement along Osborne Road", and note the ob�ections to �rl-BD °Constructaon of the sto� sewer pro�ecL- on Dover and E1y Stieets", by Mr. Englund, 407 E1y Street Northeast, and Mr. Arnold, Seconded by Wright. Upon a voice vote, there being no nays, the motion carried unanimously. AND WATER CONSTRUCTION PAOJECT IN INNSBRL�CK STH ADDITION: The City Engineer stated that Don Anderson wants to complete construction of a house an.d services to the house in a hurry He asked the Council whether it would 6e possible to add this gortion of SS&SGi��73-5 to the contract fot construction of sewer and water services in Innsbruck Sth Addition, The City Attorney asked, "What is the cost of this portion of SS&SW4r`73-B7" Mr Comstock answered, "The cost is approximately $18,500.00 " The City Engineer stated that if this portion of Che construction were added to the contract in Innsbruck �L� Sth Addition, the consulting engineering firm of Comstock and Davis would do the design work and the inspection work as they have done on other City pro�ects. :he Catiucil took no action upon this request. R�SOLUTION d�181-1965 - C�RTIFYING CHARGL�S TO THE COUNTY AUDITOR TO BE LEVIED AGAINST CERTAIN PROPERTIES FOR COLLECTION WITFI THE TAXES PAYABLE IN 1966: Motion by Thompson to adopt Resolution �k181-1965. Seconded by Sheridan. Upon a voice vote, there being no nays, the moti�on carried unanimously. RCSOLUTION ik182-1965 - CERTIFYING CHARGES TO THE COUNTY AiJllITOR TO BE LEVIED AGAINST CERTAIN PROFERTIES FOR COLLECTION WITH THE TAXES PAYALBE IN 1966; Motion by Thompson to adopt Resolution ik182-1965 Seconded by Sheridan. Upon a voice vote, there being no nays, the motion carried unanimously. RLSOLUTION AUTHORIZING AGREEMENT WITH COLUMBIA HEIGHTS - SS4�12: Motion by Wright to ta61e to the regular Council Meeting of October 18, 1965 consideration of the Resolution Authorizing Agreement with Columbia Heights for construction oY Storm Sewer Project �k12. Seconded by Sheridan. Upon a votce vote, there being no nays, the motion carried unanimously. RESOLUTION �F183-1965 - SETTING�GENERAL ELECTION AND DESIGNATING JUDGESt Councilman Kirkham asked the City Clerk whether the list of proposed election �udges for the general election is the same as that for the primary. The City C1erk answered that this is correct except that a couple of names have been changed on the list of �udges for the general election who did not serve durzng the primary electzon. Motion by Thompson to adopt Resolution �k183-1965 and authorize the City Clerk to hire a panel of election judges out of the names presented by the City Clerk to the Council. Seconded by Kirkham. Upon a voice vote, there being no nays, the motion carried unanimously. COMMiJNICATI0N5 FAIDLEY HOUSING AND REDEV�LOPMENT AUTHORITY; SPECIAL bOND BALLOT FOR EI�CTION: Motion by Sheridan to receive the memo from the Fridley Housing and Redevelopment Authority. Seconded by Wright. Upon a voice vote, there being no nays, the motion carried unanimously. iP.I:7.� � f:i�l TAE r^. 1965 RELATIVE TO GETTING AUTHORIZATION TO ISSUE GENERAL OBLIGATION BONDS IN CONNECTION WITH HOUSING AND REDEVELOPMENT PROJECTS: Councilman Kirkham asked the City Attorney whether it would be possible to change the wording of the ballot for the @ond Issue. The City Attorney answered that he wants to obtain the approval of Charles lioward before changing the wording of the ballot, He stated that he does not see any reason why there could not be three different questions on the ballot, The City Attorney stated further that the funds from the bond issue could be used for improvement proJects such as streets, storm sewers, and other services in the renewal pro�ect area, and that these improvements could be considered the City's share of funds contributed to the pro�ect. Councilman Wright stated that he believes the ballot would be clearer if an introductory paragraph were inserted at the top of the ballot Councilman Kirkham stated that he believes the Councilmen a� in agreement that the ballot should be simple so voters do not give up before they read the entire ballot. He stated that he favors separating the ballot into the three separate projects. The City Attorney asked the Finance Director how much time is requzred to print the ballo�s. The Finance Director answered that absentee ballots must be ready between seven and ten days before the election, and that seven to ten days before the election, and that seven to ten days after the next Council Meeting would not be enough time to get the ballots printed. Councilman Sheridan stated that he believes there should be a separate ballot � , 1 �u� for each one of the Urban Renewal Projects. The City C1erk suggested that each ballot could have a different color. The City Attorney stated that in the event there are three separate ballots, he believes it would be necessary to put a preamble on each one and use the same language on each one. The City Attorney stated that he wished to have the Council approve any changes made in the wording of the ballot, Motion by Wright to adopt Resolution ��184-1965, to provide for a separate ballot for each IIrban Renewal Pro�ect, to am�nd the notice of election by wording the preamble of each ballot as follows; , The City Councll will submit to the voters of this City at t�e next General Election, namely idovembex 2, 1965, three separate ballots on the question of whether the City of Fridley be authorized to issue General Obliga- tion Bonds in connection with various housing and redevelopment pro�ects; and Chat the City Clerk be directed and authorized to prepare three baliots Seconded by Sheridan. Upon a voice vote, there being no nays, the motion carried unanimously. RESOLIITION �k185-1965 - CERTIFYING CERTAIN DELINQUENT WATER AND SEWER CHARCE S TO THE COUNTY AUDITOR FOR COLLECTION WTTH THE 1965 TAXES: Motion by Thompson to adopt Resolution �'k185-1965 Seconded by Sheridan Upon a voice vote, theze being no nays, the motion carried unanimously. - 1965 - DETERMINING THE NECESSITY AND PROViDING FOR Motion by Wright to adopt Resolution �'k186-1965 Seconded Uy Thompson. Upon a voice vote, there being no nays, the motion carried unanimously. � RESOLUTION �k187-1965 - CERTIFYING TAX LEVY R�QUTAEMENTS FOR I966 TO COUNTY OF ANOKA FOR COLLECTION: Motion by Thompson to adopt Resolution �187-1965. Seconded by Kirkham IIpon a voice vote, there being no nays, the motion carried unanimously. RESOLUTION ;{188-1965 - APPROVING EXECVTION OF AGREEMENT 54803 WITH TI3E MINNESOTA HIGHWAY DEPARTMENT: Motion by Sheridan to adopt Resolution �k188-1965. Seconded by Wright Upon a voice vote, there being no nays, the motion carried unanimously. MELODY MANOR STORM SEWER, SANITARY SEWER, AND WATER IMPROVEMENTS: The City Enga.neer stated that the City Engineering Staff has inspected the improvements in Melody Manor and found certain defects in the storm sewer and sanitary sewer construction in Melody Manor. FIe stated that repair of these defects wi11 incur certain costs The City Engineer stated further that he rece3ved a request from Sandstrom and Hafner, the contractors, to approve construction of the improvements in order that financing can be obtained by the builders, The City Engineer stated further that an agreement for maintenance and repair of the improvements in Melody Manor Sub-divisions was drawn between Sandstrom and Hafner and the City in 1961. The City Attorney read the agreement. ' The City Engineer stated that normally a performance bond is required of a contractor instead of an agreement to maintain the improvement for one year, then if a defect is discovered in the improvement, the City can collect upon the performance bond. Whereas, now if the developer fails to correct defects in construction, the City�s only recourse is sueing the developer The City Enginee[ stated that there are problems with the high water table in this area and he believes it is necessary to watch the construction for one year to ascertain whether any further defects will occur. Councilman Wright asked the City Engineer whether he anticipated that there would be more defects in the construction. The City Engineer stated that this was possible, but that he assumes the contractor will fix these defects. ��� The City Engineer stated that under terms of the 1961 agreement for maintenance, after the one year of maintenance work by the contractor, the City would inspect the work done and, where necessary, require the contractor to make satisfactory repairs hefore the City accepts the improvement. The City Attorney asked why the Contractor cannot repair these defects in the construction at this time, and have the City furnish a letter accepting the improvement at a later date. The City Engineer stated that the builders need the financing umnediately, and would have to bring in equipment in order to effect immediate repairs. The City Attorney stated that it would be necessary to make a binding agreement with the contractor for repairs to the construction or the contractor would not complete these repairs. The City Attorney stated, further, that the agreement to maintain and repair the construction should run for a period of one year beginning when repairs to the defects of the present construction are completed. The City Attorney stated that it should be clear in the agreement when the agreement to maintain and repair the mnstruction for one year takes effect, i.e , upon what date the year begins. Motion by Wright to authorize the Administxation to issue a letter stating that the stonn sewer, sanitary sewer, and water construction pro�ects in Melody Manor 3rd and 4th Additions are acceptabl"e , to require the contractor to execute a maintenance agreement for performance of maintenance after the repairs in the present construction are completed, and to inform the contractor that issuance of a letter accepting the improvement is conditioned upon his agreement with these terms. Seconded by Sheridan. Upon a voice vote, there being no nays, the motion carried unanimously. 31 FOOT STREET WIDTHS IN INNSBRUCK STH ADDITION: The City Engineer asked the City Council to fix the width of streets in Innsbruck Sth Addition. He stated that the present streets in Innsbruck Sth Addition are of concrete construction and are 31 feet wide. He stated that under present policy street constructibn in new sub-divisions is 36 feet wide unless the Council changes the street width. Motion by Wright to permit construction of concrete streets 31 feet in width in InnsUruck Sth Addition. Seconded by Thompson. Upon a voice vote, there being no nays, the motion carried unanimously. STORNI SEWER CONSTRUCTION - FRIDLEY INDUSTRIAL PARK PLANT 2: The City Engineer stated that he has asked the contractor to install cast iron pipe in the storm sewer construction in Fridley Industrial Park Plat 2 north of the Viron building if the sub-soil conditions are bad. He asked the Council to issue a statement of policy whether the pipes shall be cast iron or concrete, Councilman Wright stated that he believes it is acceptable to require up-grading of the construction where it is necessary. The Council took no action upon this request. CONSTRUCTION OP 54TH AVENUE NORTHEAST BETI�TEEN STH STREET AND 7TH STREET NORTHEAST: The City Engineer asked whether the City should off-set 54th Avenue Northeast between Sth Street and 7th Street Northeast in order to construct the street around the present cemetery fence. Mayor Nee suggested that the City Enginner draw up plans for the off-set of the street and ask the Council to approve the plans. - Motion by Wright to approve the off-set of 54th Avenue Northeast between Sth Street Northeast and 7th Street Northeast to the south of the right-of-way around the fence of the cemetery owned by the Sacred Heart of Sesus Catholic Church. Seconded by Kirkham. Upon a voice vote, there being no nays, the motion carried unanimously. INVESTIGATION OF MOVING PERPIITS FOR THE DUPLEXES LOCATED AT 5600/5602, 5606/5608, 5612/5614,5618/5620 - 6TH STAEET NORTHEAST: Councilman Kirkham stated that he would like to request the City Manager to find whether persons moving these duplexes into the City of Fridley had a legal , ' ' � � ' 22y moving permit permitting them to do so, or whether a moving permit was required by the City of Fridley at the time these duplexes were moved into the City. Motion by Kirkham to instruct the Administration to investigate whether moving permits were issued to move the duplexes located at 5600/5602, 5606/5608, 5612/5614, 5618/5620 - 6th Street Northeast into the City, whether moving permits were required by the City, whether such permits were legally issued if required, and whether moving these duplexes into the City of Pridley was a legal action at the time, Seconded by Wright. Upon a voice vote, there being no nays, the motion carried unanimously ADJOURNMENT: There being no further business Mayor Nee declared the regular Council Meeting of October 4, 1965 ad7ourned at 2:05 A.M. Respectfully submitted, ��,��f�� � Raymond E. Bade Secretary to the Council 1,��,,�;��-� � `�-�� William J. Nee Mayor THE MINUTES OF THE REGULAR COIINCIL MEETING OP OCTOSER 18, 1965 A regular meeting of the Council of the City of Fridley was called to order by Mayor Nee at 8:05 P.M, ROLL CALL MEMBERS PRESENT: Nee, Kirkham, Sheridan, Wright MEMBERS ASSENT: Thompson APPROVAL OF MINUTES, REGULAR COUNCIL MEETING OCTOBER 4, 1965: Motion by Sheridan to adopt the minutes of the regular Council Meeting oE October 4� 1965 as submitted. Seconded by Wright. Upon a voice vote, there being no nays, the motion carried unanimously PUBLIC EXAMINER - REQUEST FOR STIIDY OF CITY POLICIES: Mayor Nee stated that in regard to the questions recently raised in the newspapers concerning the propriety of the use of City facilities Uy outside groups for non-City purposes, the Mayor has discussed this question with the Public Examiner and asked the Public Examiner if he would be amenable to making a study of this question for the City. The Public �xaminer stated that he would be willing to examine these policies if the City so desires The Mayor stated that he asked the City Manager to report concerning the present policies which the City follows in letting other groups use the City facilities for non- City purposes. The Mayor stated that he believes the discussion with Che Public Examinex was made under his obligations L'o the C�ty as delineated by the City Charter. The City Manager stated that he did some research oY the records in regard to the use by all non-City groups of the facilities including the use of City parks and the use of the Council meeting room in City Hall. The City Manager stated that it has been the policy to pexmit the use of City facilities by civic groups, The use of the facilities by non-civic groups or unorganized groups is permitted only when some Councilman would vouch for and would take responsibility for the group. The City Manager stated that often the cost to the City for lett�.ng other groups use the City facilities, such as a meeting room in City Hall, is minimal amounting to the cost of electric lighting and �anitorial services. The City Manager stated that he had the City Clerk write a memo summarizing the uses of the City �acilities by other groups The CiLy Manager presented copies of this memo to the Council The City Manager asked the Council to establish a policy that the Administration