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09/23/1963 - 00023146_�� Motaon by idolke ta order a letter oF feaesbil�ty from Comstock and Davis� Inc.� consulting engineers� with reference to Td-34-M. Seconded by Johanson. Upon a voiee vote� there being no nays� the motion carried unaniv�ously. ADJOURPR�7�NT : There being no I'urther business, Mayor Nee declared the meeting adjourned. Respectfully submitted, , � , � � �� ,� �:f- ,,.c�'''-'��-,'r°,�r,s���" � Sue` Mlskowlc Seeretary to the Council i/ �'�"��+ � ��'�''"- MAYOR - � lam J. Nee SP�CIAL COUNCIL MEETING - SEPTEMBrR 23, 1963 - F�AYES SCHOOL� 8 P.n�. A Special Meeting of the City Council of the City of Fridley was called to order �y Mayor Nee at fl:20 P. M. ROLL CALL Members Present• Nee, Sohansan� �iolke Members Absent; Sheridan, Brool; CONTTNU�D PITBLIC HEARING - STORM SEWER T. H. #694 & SS�S; Mayar Nee announced thls was the contlnuation of a public hear�n� held previously on a storm sewer outfall lzne whlch s�as proposed zn which the City of Fridley and the Minnesota H�ghway Department and Columbia Hei�hts eere contemplating a �oint venture at the intersectlon of University and Highway �100 to the Miss- issipx�z River. He stated that, at th�t time� the City Council ha@ not eompleted negotiatlons inth the City of Columbia tIeights and were unable to give any deT- inite figures on what possible assessment might be if the improvement was ordered and didn't know �ahat the split would be. The City Council did complete negotiat- ions� he explained� with the City of Columbia Heights and failed to reach an agreement on eoet distribution which the City of Fradley could pay and in view oF th� Fact rrid]ey could not commence the pro,7eet under the terms discussed, the negotiations ceased. For the information of all� with Columbia Heights oui,- let Fridley did anticip�te that if the pro�ect was ordered in and if it was assessed 10�„ Mayor Sdee expleined� the price would have been approximatel3� 97 cents �er 100 square fee� in the assessment area or in the area of �100.00 per building site. It was further explained the Council had contemplated using some gas tax refunds. D4a,yor Nee anquired ii there �aere anyone present who wished to make a final statement in iavor of or in oppositaon to the project, Mr. Leonard Kos of 5�Fo8 Altiura Road wae present and stated that at the begznning of the introduct- ion this meetln� had been identzfied as a public hearing and with the attendance ne Fe1t the meane used to publicize this as a public hearing should be questioned and inquired what means u�ere used to publicize this meeting and iaere the pro- pertzes affected notified. Tt was explained to Mr. Kos the properties taere not noL-iPied b}� maal} thac there is no re�uirement to do so and this is a legal continuation of � public hearinE wrich had been properly called and had also been published in 1,he legal newspaper three times. Mayor Nee inquired of Mr, I�oG iP he w�shed tn go on record as being opposed to the pro�ect. St was ex- plained there wasnnee3 for it 6ecause tihe City Council had made a committment not to do it. � � ' �o��� Motion by Johanson to adjourn the continua�ion of the publzc hearing on Si,orm Sewer T. H. �69�5 and SS�S. Seconded by Wolke. Upon a volce vote, there being no nays� the motion carried unanimously. ADJOURN: Mayor Nee 3eclared tne special meeting on Storm Sewes �. x. {�694, and SSffS � ad,7ourned. Respectiiully submitted; , ,� � .,�� �' f � f � �,.�j',."�C�— � � '��✓ .��/���o✓� c� � '� � � $il'�_ � �-�_-� 5ecretary �,o the Conncil MAYOR - Y�ILL ��TdEE Sue Miskowic ' �, f SPLCIAL COUNCIL MEETING - SEPTEMBER 23� 7963 - IIAYES SCHOOL B:30P. M.: A 3pecial P�ieeting of the City Council of the Ci�y o� Fridley was called to order bjf Mayor Nee at 8•20 P. D4. ROLL CALL: Members Present: Johanson, Wolkse, Nee� Brook arrived at 8:35 P. M. ' Members Absen�: Sheridan RESOLUTION �138-1963 DESIGNATItdG HEAD JUDGES FOR PFtIMF1RY� OCTO�ER� 1�63: Mayor �iee announced the item before the C1ty Council was the resoluLion desig_-- nating head ,7u3ges for the primary to be held October 1, 1963• Motion b,y Johanson to adupt Resolution No. 138-1963 appoint�ng cha�rwomen o�' the Election Board for the primar� to be �eld October 1, 1963. Seconded by Wolke. Upon a voice vote, there being no nays� the motion carr3ed unanimously, CONSIDERATION OF 73RD AVENUE NORTHEAST: A_ayor Nee announced the item in question was the conslderation of the prablem oi 73rn Avenue Northeast. The City Manager explained to the C?ty Council the re- port presented to them this evening was a report on the progress oF same and whether or no�, the contract is completed and the service road put in, that tney had had previou3 probleme on this road and thia was the report on the lamping and inspecting. Councilman Johanson requested an explanation of part oi the report. Mr. Chesney, Director of Public Works si,ated he had found new sand com- ing in and that was the reason he had raade the recommendation that possibl?� part of tihe lirie would have to be retelevised. Couneilman Johanson inquired if the contractor had been told. Mr. Chesney replied the contractor had been told. � Mayor Nee inqaired af thls �aas the eECtion the City had already iaorked tihrou�h. Mr. Chesn2y replied he had worked down to aUoLt Conce-rto Drive and had one more set-up 'oefore Concerto Drive but after that sGreet the line was fairly clean. The City Manager 2nqulred oi Mr. Chesney when the d�scovery of new sand had been made and was told the past Friday. Councilman Johanson sug�ested the street in question could be bracktopped up to the problem �rea from University Avenue. Mayor DTee sugges�ed the *�estern �n8 oF the street could be taken care of. Mr. Cheeaey etated the l�ne appeared good ati the present and his department had o�orked past Van Buren Str�et. Nayor PTee in- quired if the department had been lamping as they went alon�; and ��ae told t)zey did not as the line fills up with water and usually tYie real �es� is when the water dropw out of tYAe manhole, it is then known tp be in good shapc. Councilman ��� Motion by Johanson to aC�ourn the continua�ion of Lhe public hearing on Storm Sewer T. H. �694 and SS#5• Seconded by Wo1ke. Upon a vo�ce vote, there being no nays� the motion carried unanimousl��. ADJOURN: Mayor Nee declared the special meeting on Storm Secaer T, fL �69�+, and SS�}5 � ad�ourned. Respectiiully submitted; i' --;�. ` /� - � '� r� ��� v 4' r !� �•�i ���� � i././ 2�C"-e�%C:/'ic—[�- I �� t yk�47�s_ _����...�i� S`e'cretary i,o �the Conncal M61YOR - WILL J, ZdEE Sue Miskoiaic «, SP�CIAL COUNCIL MEETING - SEPTEMBER 23, 1963 - HAYES SCHOOL 2t30P, N.: A 9pecial Meetzng of the City Council of the City of Fridley v�as called to order by Mayor Nee at 8:20 P. M. ROLL CALL. Mem6ers Preeent: Johanson� Wolke� Piee� Brook arrlr�ed at 8:35 P. M. � Members Absent: Sheridan RESOLUTION {t138-1963 DESIGNATITdG HEAD JUDGES POR PP,IMARY, OCTOBER l, 1963• Ma,yor Piee announced the item be?'pre �he Ci�y CoLmcil �aas the re�o].uLion desia_-- nating head ,7udges For the primary to be held Octo6er l, 1g63. Mot�o7 Uy Johanson to adopt Resolution No. 13�-1963 appointing chair�aomen of the Election Board ior the primary to be held October l, 1963. Seconded b� Wo1ke. Upon a voic� vote� there being no nays, the motion carried unanimously. CONSIDERATION OF 73RD AVENUE NORTHFAST: Ma,yor Nee announced the item in question wae tihe conslderation of the problem ot 73rd Avenue Pdortheaet. The City Manager explained to the C�ty Council the re- port prewented to them this evening was a report on the progress o� same and whether or r.ot the contiract is completed and tihe service road put in, that tLey had had previous problems on this road and i,his was the report on the lamping and inspec�ing. Councilman Johanson req�aested an explanatian of part of the report. Mr. Chesney� Director of Public Works eta�:ed he had iound new sand com- ing in and that was the reason he had �ade the recommendatioa that possibly part of the line would have to be retelevised. Councilman Johanson inquired i` the contractor had been told. Mr. Chesney replied the contrsetor had been told. ' r�ayor Nee inquired if this was the cection tne City had already ��aorked throu�h. P�Ir. Chesney replied he had worked down to about Concerto Drive and had one more set-up before Concerto Drive 6ut after that street zhe line was fairly clean. 7'he City Manager lnquired of Mr. Chesney when the discovery of new sand had been made and was told the paut Frlday. Councilman Johanson suggested the street sn questlon could be bracictcpped up to the problem area from University Avenue. Mayor ilee suggested the westiern en5 of the street could be tGken care of. Mr. Chesney stated the line appear�d goocl a�; the present and his department had worked past Van Buren Si,reet, Nayor Nee in- quired lf the department had been lamping as they went along and �aas told they did not as the line £llls up with water and usually the real test is when the water drops out of the manhole� it is then knovn to be in good shape. Counailman �! �� 6 Johanson inquired how long the season *aas i'nr blacktopping. Mr. Chesney repl�ed it depended on the weather. Counc�lman Brook arrived a� 8:35 P. M. Councilman Wolke stated the service road an question should have been in two years ago for at ieast eight to ten blocks� that this had never been done on any other street and the entis•e street could not be denied because of one break. Councilman Joh�nson stated he a�-r�ed that the entire street could not ' be denied. 'I'he City Manager stated the lasi instructions the City Council had given wc-re to ball and lamp the area. Councilman Johanson suggested the City Council authorize the street beginning at IInivereity up to Van Buren Street. Councilnan [dolke replied this was �ahat he had wanted to do two years ago. Councziman Brook asked for an explanation of the area� inquarin� of Mr. Chesney the area involved and had he checked any oF the pipes to eee if there aere sand �n them. Mr. Chesney replied that in one section there v�as sand and that was the first sectior. ofP of' Hi�hway �r65. D4ot�on by Johanson to instruct t�e City P9ansger and Public Works Department to proceed with the paving from Universit;y Avenue N. E, to Van Buren Stxeet under the terms of the contract previously let. Councilman Srook stated he zoould be zn favor of the motion if the c�ork wouldn't interfere taith any of the pzpes in the ground. Mr. Chesne,y replled there didn't seem to be anything wrong wi1;h the 1?ne questloned for paving. Seconded b5 Brook. Mr. Comstock� consultang en�ineer� stated the Project ,�61 contemplated some services off oi the existing sewer and water lines to serv�ce property to the South and thls pro,7ect had a put�lic hearing and final plans and specifications are, at the present� in the hands of the State Board of Health. The State Board of Health� he explained, *aili not appxove these plans because Fridley has exceeded the number of connections allowed by the Water Pollutlon Commise- ion oi' Diay 196G and the next commission meeting is October lOth and this means there will be no action on these sewer and water lines or 13terals until Oct.o- ber lOth. NIr. Comsi:ock suggested the Clty Council could still authorize tihe ' putting in of this paving but lt should be kept in mind they would have some oi' the service rosd due up �nd replaced at the tlme servlces are extended to the South. Councilman Johanson st�ted this could be the next yeax or from fiv� tio ten years depending upon �nduutrg and other factors, Upon a volce vote, there being no nays, the motion carri�d unan�mously. CONSIDERATTON OF AGREED'�+N�CS WITH MINNPSOTA HIGI3WAY DEPARTMENT - RE: T. H. Mayor Nee announced the item in question was the consideration of agreements with the Mlnnesota State .I�ghi��ay Department regarding'P. H. ,�{694. Mayor Nee annaunced f+Tr. E. J. MeCubrey of the Nlinnesota Highway Department *dho intro- duced the engineers present from his department. It was e„pla�ned to the C1��� Council by Mr. McCubrey of the highway department the�� must build this section of {f694 and if they cauldn't arrange to have a cooperative pro,7ect, they �aould have to go to a dii'ferent set up, one i.hat would serve thezr needs and those of Columbia Heights� that Columbia Heights had said they i�ere ready to coopera ue �rith the State Highwa;� Department 1;o the full- est extent. Mr. McCubrey requested that his persannel explain to the council tihe benefits of the pru�ect. It taas stated that zf the Fridley City Council didn't cooper- �te they were only hurting themselv�s and the members of �.he highway depart- menL stated the� had thought the thing to do was to talk to the Fridley Coun- � cil and find out their views and their inability to get together wath Columbia Heights. Thcy :tated they wished to discuss with the Council oF Frldley How they had arrived at an area baslsa that they didn"t know what the C1ty of Fridley problems were l�ut they suspected that part oP lt was f'inancial. It u�as stated tihat it iaas the underst,anding of the State personnel that Fridley hsd a certain amovnt of state funds tihat coula be used to put in this system at a lo*a znterest rate o� about tu�o percent and there was �pproxzmat,ely $175�000.00 available at the present time. Councilman Wolke stated he didn't feel this was the position of the Council of t,he Cit;y of Fridley; they w�re in the posztion of being the negoi;zators, that i �-� �a the State Hiahway Department had dealt with Fridl�� �s the pr�me contz�actor and now in Fridle}�'s negotiattion ��ith the State Hightaa� Department� Fridley had cer- tain concession� and Columbia Heights iaas asl�ing Fridley to dlvide this �aith them. He further stated the State Highway Depa-rtment *aas putting Pridl�y in a positlon to make Pridle3� do this, thai, Fridley is a-"airy godmother to Columbia He;��htN and hacc b�en left with nothing} that Columb�a Heights is trying to force Fridley to deal with the State Highway Department and Fridley would also like an equitable position and the State Highway Department no�a says they are � i�illing to �o along with Columb�a Eieights, Councilman Johanson stated this same problem had happened on the f�rst 72 lnch oui,fall line and the same thing wa� happenieg again� that the City of Fridley had installed that line� sold bonds and financed lt and Columbia Heights had never given a penny for it. He further stated the attitude now of Fridley is maybe Columbia Heighcs and the State High4iay Departmcnt can get together. Coun- cilman Wolke told the members oi the State IIlghvay llepartment lf they put in enough excess in the line to be built, Frldley would gladly deal with them. A discussion perlod wae held regarding monies involved and Mr. D§cCub-rey iuformed the Council 'nis original offer to Fridley of �100,000.00 was not i»ade to P'ridlev bvt i,o the project. Councilman 4Jolke replied i� had been their understanding it was made to Fridley. Counezlman Wolke inquired how the �tate planned to block Columbia Heights off from Frldle;�'s fair share and the 72 inch line al- ready in. He v�as told the state hlghw2y department hadn't reached the po�nt where tney have blocked out anybody� that when they had figured zhe s+ate'U share they had figured the amount of �rater coming out of the rlghti-oY-way and their con- tribution had been l�heral. The representatives of the State Iiigh�aay Department further stated they had realized there iaas a line in place that rridley could negotiate wl-ch and had made no contx�ibution to Fridley as such, they had made a eontribution to the pro�ect. It was further stated this contr�but�on �aas to take care of the highway depart,ment water� not Fridlev's water or Columbia Heights water and the balance should be divided up bettiacen the two rrunicipal�ties. ' Nayor Nee explain�d that he o�asn't certain if most peop7.e understood Fridley's position; that tney had assessed an outfall line ior the area under discussion� they had been to court in which the court's opinion of esL-ablished benefit is quite a revelation and stated, in hls opinion, Fridley �o�ald have a great dcal of diFficult3� assessing this pro�ect, th�t he� personallya waG for tne pro�ect but even iz �here were four votes of the City Council he had douUts that they could suctain the �ud�emenz of the courts. IIe 1'urthEr explained tl�at ii' Frld- le� couldn't spread the assessment tihere would Ue no way to finance the pro7ect; that they had told the Council of Columbi� Heights the�r proposal and what Frid- ley could finance. Councllman G?olke explained that it had been decided Fridley could not use gas tax money� thai, Fridley bad tried to work out a solution and discussed the sii.uation before w3th the State Hlghway Department and been granted certaln beneilts. Councilman �dolke was told tl�ese beneftts were not credited to Fridley but to tne pro„ect. Mr. McCubrey explained his department had jolnt meetzngs about toro years ago at which time it c�as agreed each city �iould perpare itis own repoxts, have its own consultant and it was decided one report zaas to be ma3e and Fridley was tu be the one negatiator, Councilman i�SOlke stated that as Sar as Fridley �aas con- cerned, he wished to taxe the position that the state Department deal with Columbla Heights. Mayor Plee inguired if the State 4�ou1d se11 to Fr�dley the balance ot pipe and was told they i,ould not because there ls water coming irom two �ides and they could not put one pipe under the other. � Counc�lman Wolke inquired how the State Highway Department proposed to pus,i Columbia FIeights iiater through Fridley. He was told it vas on the Stai.e righi,- of-Uray. Councllman Johanson inquired if the S tat,e IIighway Department were go- ing to help Columbia 13eights drain Sullivan Lake and t�as told by members oi the Department that Fridley is also getting eome benefit from lt, further, th�t Sullivan Lake is a pondin� area. Mayor Nee stated he could see no reason to change policles, that the Clty Council had examined all possiblities and it was not possible to balance off all the drainage areas} that the City Council had been -reasonaUle �n their decision. �_�� The question was raised of how much of the total cost of the project was the Czty o= Fridle,y gcing Lo distribute and Pdayor Nee replied they v�ere going to distri- bute a11 oz it. Counc?lman Wollie stated the real problem was the fact of the existing line they now o�aned� that Columbia heights wznted in on the pro�ect for pr�cLically nothing, tha� they had no interest in the 72 inch line originally� that P'ridley had thought they couuld enter lnto a legi�imate contract but tne need was now evider.t and Columbia Fleights was willing to buy Fridley's share but at the figure Fridle,y put lt zn for. Mr. MeCubrey stated he had been told Columbia Helghts vas willing to pay somethin� for the line and Councllman Y7olke replied Pridley was not going to give it auia�. Mayor Nee stated the City of � Pridley .aas asLing for an area spread. Couneilman LTolke further explained to members oF the State Highway Department that now Fridley has a line in the ground Golumbia Heights uants half of' Fridley's capacit� and Fridley was supposed to negotiate on a new line and it would cost more than it v�ould have normally. Counezl members stated they felt the value of the present 72 inch line is �344,000.00. It aas stated by members of the State Department there .�as a cer- tain wmount of mzsunderstanding, that the full amount of Fridley's water eaceeds the 72 inch capacit9 and there is some addztional water, that Fridley is actu- ally using all oP the existin� line for Fridley. FurtY.er� if Columbaa Heights owes Fridley something, the State isn't in a posltion to evaluate what zt is� that actually, Columbia Heights will be paying for new capacity at today's prices and Fridley wzll be payin� for something over the 72 i:1ch line. Counc�lman Johanson explained i.o the mcmberw of the State Highway Department that Fridley does have a design on the North University watershed. Mr. Comstoek� consulting engineer for Fridley� explained the Vorth Uaiversxty Taater shed d�s- trict. Mr. Comstock furtner explained there has been no question as far as the engineers worliing on the �694 Pro�ect, that everybody had caneluded that the pro,7ect is the most feasible pro,7ect but this doesn't seem to be the area oi the largest problem� that the main area is the negotiations and the raising oi' iunds. Mayor Nee suggested thE representatives of the State Highway ➢epartment flnd out what kind of a deal they could make with Columbia Heights without Fridley and perhaps, then� Frldley could get ln on the pro�ect. It �aas explained thaty at that time, the State'� share would remain the same that they couldn't justify ', any larger contribution. Councilman Johanson suggested that perhaps they couid have Columb�a Heights finance the second (2 inch line arid Fridley could pay them a share� that the engineer part of the pro�ect had been agreed upon. Councilman Wolke stated that Fridley knei•t there �aas a need for the storm drainage but +hey �ieren't going to oe put in a positiion i�here they had been put in right now ancl that was this "or else attitude�y that Pridley was well aware oF its problems. Mayor Nee stated many of these people against these storm eewer assessments have good attorneys. Councilman 4To1ke stated they had assessMents now they don't kno�a what to do with 6ecause the bonds have been sold. Mayor Nee explained that Fridley doesn't have the money unless Columbia Heights is will�ng to participate and Fridley can spread the balance with a gas tas, that Hridley had told them tihe monies needed were �173�000.00 which has Fridley putting in deficit Columbia Heights didn't pay. The total cost oF Fridley's share o�as estimated at �184�000.00 of the new 11ne, P7ayor Nee further explained Fridley had thought the old line had the same value as the new line and it should be spread on an area basis. Counc�lman Liolke stated the State Highway Department hed pUt Fridley in a posi- Eion to deal wi�h Columbia Heights and it leit Fridley with no alternative. The q_uestzon was raised oF why couldn'�there be a three party agreement. Councilman Johanson stated that Fridley �aould not close the door on any �ind of negotiation. The question iaas raised b� a member of the highway department that the amount of � Fridle3�'s share ol the pro�ect is ���'4�000.00 and was that the figure Fridley was trying tio negotiate with Columbia Hei�;hts. C�uncllman kolke answered that Fridley was working wii:h the figure of the old line and the new 1ine. The ques- tion aas raiced if Fridley cauldn't work on eplittzng the cost of the $1B��Q00.00 Pigure on some agreeable basis and add in these other items as water, etc., and negotiate t]zose saparately. City Atl;orney Smith explained the reason this �,as impossible vias that Fridley has a certaln part of the cost of the original 72 inch line that they never have assessed and collected for and those bor.as are not payable yet but Pridley can`t walk into a situation where they can do eome- thing a'oout it. Councilman Wolke suggested to members of the Stiate Hlghway Department that they go to Columbia Heights and have Columbza Heights make an appra�ch zo Fridley� that Frldley had gone to Columbis Heights to cooperate and ��� Columbia Heights has a more dire need for this outfall than Fridley does right to- day. Mayor Nee inquired of Mr. McCubrey if he hadn`t said the State Highr,ay De- partment was contemplating making a deal with Columoia FIeights. Nr. McCubrey re- plied that he had not, that Columbia Hei�htis had come to them. Mr. MeCubrey informed the Fridley City Council he was not sure hati� arixious they aere to get University Avenue done. Mayor Nee replicd the question at nad iaas where they would get the money f'or �694. Councilman 4lolke replied that Fridley had � lived t�ith Umverslty a long time and Columbia Heights had stated at meetings they don't care whether they get University Avenue through but Fridley does. Councilman Johanson stated he couldn`t think of another community ln the metropolitan area that has the same problems as Fridley does with Columbia Heighte and -was told Bloomington and Richfield did and had ceme to an agreement. Mayor Nee explained he would vote to do almost anything to get this pro�ect in and the council would all like to see it put in but he was conv�nced that Pridley was out of the project and he had arrived at this opin�on when he had left the laet session with Columbia Heights Council and suggested the State Highway Department go ahead iaith alternate plans unless the split betz�een communitles would geL- closer to ��hat is reasonable. The question was raised if it would be possible for the two communities to have some outside people come in to arbitrate. Ma,yor Nee replied there wasn't any money for Fridley to arbitrate inth, Counellman Wolke stated that when this outfall goes ln Fridley h�s the North Universlty still to Ue done and it will have to be a four-fifth's vote because the peop}e won't want tc do it. Coun- cilman Johanson etated that Fridley still had the �FSth Avenue storm sewer and they had discussed eombinin� these t��o Uut Columbia l�eights wouldn't do it as they pre- fer to get what they *aanted from Fridle� and Fridley would have to hegin all over again. A representative of the Stiate Highway Department stated they had purposely kept out o� the arguement because zt was none of their buslne:s. City Attorney Smith stated to the Highwa,y Department they had taken the advice of the State Hzghway Department on the flrst 72 lnch llne and Fridley had assessed the Fridley portion that the three groups of engineers decided on over a certsin area ' and that Columbia Heights had never picken up their portiion, that Frldley does have a certain amount of capital improvement in the ground and putting ln another capl- tal improvement would be good. The question was raised by a member of the State Highway D�partment ii' the Pridley Council had had their engineer look at this pro�ect and how was Fridle,y going to get at their line. Counc�lman ti'olke replied there was absolutely no way Pxzdley could spread the assessment, that they had tried L-o negotiate with Columbia �eights and were unable to come to an agreement. mhe question was raised by tihe State Ni�hway Department thzt lf Frldley could not use the 72 inch line already in� they could sell it. Mr. Comstock inquired if' the S�ate Highway Department had their legal advisor� conzrince them they could use the 72 inch line to the extent they wanted to. He was told they were not suggesting the line be used for more than the c�s they required, tha� Fridley has purchased cis and it was not being su�gested tney can't use it. Mr. Comstock replied there ie sti11 a facility there and the City of Fridley will use it to the full extent. Councilman Wolke remark°d the pressure was an Frid]ey from both �he State Highway Department and Columbia Heights and Fridley �ust coaldn't rinance it and that was where it stops. Mayor Nee suggested the State Highway Department representatives find out what Columbia Heights would pay and if the balance �aas mana�eable, he sus- pected the Cit,y Council of Fridle,y would go for it. Mayor Nee further suggested that as Mr. McCUbrey had said it appeared the I3lghway llepartment will have to maYe its own deal wizh Columbia Heights� that if and when this deal is made and Columbia Heights will put in a good sum� Fridley could talk about it. Mr. Comszock explained � the point in queetion was that there is capital investment on both lines and dollars spent are worth some thing and the courts will look at it �hat wa,y and the City of Fridley certainly can't give a oift to the State Highway llepartment oP the 72 inch line. Mayor Nee stated it wasn't valid to say, as had been implied, that Fridley �aas get- tin� in free because this w�s not true� that Frldley was willing to pay their share. Mr. Comstock explained the difference is the Frldley Council wantied �o consider this project on an area basis and Council know� it ti�asn't designed on an area basis; that they applied this to the pro�ect and considered the existing line and the neU line at thelr present v�lue and this was how the�� determined their share o= the costs. Mr. Comstock further explalned there is a larger cFs number of acres to divide the cost in two than there is in the design of the facil�ty because of Sullivan Lake. _4L��� Ii,��as etated there is probably some ro�m for negotiatlons because of these fac- tors, that on the basis of factors mentioned the figures are equitable and the only ob,7ection the State would have is that Fridley is using Lhe total cost pf the pro,7ect including the State's portion. Mayor Nee explained how Fridley had arrived at the settlement witih Columbta Hei�hts was immater�al. Tt was stated by a member of the State Hlghway Department the only thing he ob�ected to was tha-c it didn't look right; Fridley is trying to spllt more money thun the two cities are being charged, Fridley is taking part of the mone,y the State is pay- ing and dividing it under an area basis and it doesn't belong there. Mayor Nee replied Frldley is tniking about the value of the old lzne and the St�te Highway Department is talking �bout cash dollars. Councilmar Johanson referred to a etatement by a member of the State Highway Department that they had said $87000.00 was Fridley's share �nd �97,000.00 was Columbia Heights share but if this were so Fr�dle,y would be absorbing �n additional $55�000,00. Councilman Llolke inquired if Fridley had entered into concrete negotiations with the State Highway Department on 53rd Avenue and was told Frldley had not. Mr. Glolke replied �f that were so� Fridley didn`t want 53rd Avenue. City Attoraey Smith suggested the State Hi�hway Department talk to Columbia Neights on figures and te11 Columbl� Heights they should pich up the $55,000.00 Clgure, they v�ould then pay approximately $142,000.00 and that would be the package. He was told there was one other factor� that in the origsnal arran�e- ment, the percentage to be borne was based on a certain area and part of the area which was inc]uded is the area which wi11 be served by the 45th Avenue out- let� that i�hat has l�appened is the area served in Columbia Heights is consider- ably less. Councilman Johanson explained that at the tiem this line was put ln they hed also talked about the land running North on University to 45th Avenue and the 72 inch outfall. At that tlme Evert Carlson was cov�mitted to a storm sewer system and he had to put in same. The City Council oP Fridley was informed this probably would mean that Ur.iversity Avenue iaould not be improved. Councilman Johanson inquired why the represent- atives of the State Highway Department i�ould make euch a remark and why didn't they go ahead ano build their hi�hways i,he c�ay they wished. Councilman Johanson further inquired if �t would be possilale for the State to put in the storm sewer on University Avenuea for the Sta�e to pay iar it and Fridley could make pay- ments. Mr. McCubrey stated he didn't have a direct opinion on that but it wauld be very unusual. Mayor Nee e•tated if the Council could get e cash pro- position Por the City ot Fridley they would be interested. CONSIDERATION OF IATTCRIM ENGINEERING SGRVICES: Motion by Johanson to aecept the proposal of Comstock and Davis, Inc., for fur- ther engineering services as described in a letter of September 25� 1963. Seconded by Brook. Upon a voice vote, there being no nays� the motion carried unanimously. ADJOURN: 'Phere being no further business, N1a;�or Nee declared the Special Meetin� of Serotember 23� 1963 adjourned. Respectfully submitted� , , . , � �, � - r ?'�.�c�.% ,/�c-��c:�U✓`�e . Sue Miskowic Secretary to the Council. � , ���j,�J � M C '���'� � MAYOR - Wi iam J. TTee i��