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11/11/1963 - 00023034�� Mayor Piee inquired ii they could have a rESOlution drawing funds�from'the gas tax reserves if i,hat were the wish bP the City Covncil� that it?'was his�feel- ing this wr3s the best way to finance 3t. Councilman Shexidan Teplied iti would he a definite beneiit, �„' ��, � � i��i� � � � � � i � I; � ,,, i �r r Motion by BYier3dan to adopt a resolution authorizing a�claim�o�"�$50��,991.O�on�� gas ta�c funde, The City Manager stated this resolu�ion"coul'dy��;�.f;Couhe�l w�shed� Ue handled at the next regular meeting. Mr. Knutson of the cotsaulting engin- eering iirm oi Comstock and Davis� Tnc. sts�ed they had amie,request of the City Council and that was that the three agencies involved agre�'defin3tely on the drainage areea to be served. Mr. MeCubrey of the Minne'qo��'hx8t��` H3'gl}way Department stated Mr. Knutson should contact the hydraulie people aad they couSd Yigure it out with �he consulti�g engineers all the;�tay,;;�throygh the pro- ject� that Columbi.a Heights had been told the same proce$ure Wou13 3'ollaw. � Councilmau Sheridan withdrew his motion fxom the floor. , �'',��-r,� �� Mayor PTee thanked Mr. McCubrey for atLending the meeting and presenting the pro- po�al from the Minnesota State Highw�y Department. FlDJOiJRN: There being no further business� Mayor Nee declared _ i _ �, �� , 1 .�.._w ._ a, , the ,meeting -adjourned. Respectfu]ly submitted� �� /,�• `, fifi V'� Vy� ^ ' '�� ', � �rj_i i � 9 // • .�/(.�� ue Miskowac Mayor - Will J, Nee��,� ��, Secretary to the Council � ',p,� 6�� , � �� - - —` -- - �� ',��--� _,�''' � . �'� � , . � i 6 �i� � ,�Ex i i ��crar cocr,vcrr, r�ETnvG - NovF 9 3 __ , _.. ' -- - — � _ � � __ . __ � �� , — � � .,�,�.�� , � .�� A special meetin� of the Council of the City of Fridley Wae�aall'e�+'ta'order by Mayor lvee a� �:55 P• M• �� ",�� '�� , ROLL CA�L: Members Present: Nee� Brook,, Johanson� Sheridan� Wolke Members nbsent : None . . . NEW BUSINPuS: CONSIDERATION OF WITHDRAWAL FROM NO�TH' 9UBURBAN SANSTAR7[Ii+SF � � i ''_�� . �i��,"t f :��ie- ' � � � �� ;�, , � � '� , , d . � � „ � � i,l . +<i61„ . . ti�' �„ ��;�� i��4i ,i" i]"rl WERI��ii_'i`_."_.q�Jl `�' I � _ - i � � �. ' �"�lii��"ii �� .ti`, �5,��,��' ,i Mayor Nee explained to the City Counc3l �hat he had c8l.ledr bk4i�".epe�cial'F�pIDeet- ing to consider the propoeal of Councilman Johan�on that thel'C�.�I�yQt'''k'x3si$ey,"`r petition ior detachmant out oi the ilorth 9uburban Sanitsxy,'S�x�x,;;Ada'�x'�q�+� '" not because he �avored the motion but because he £el.� tl'�8;t,ou�,1`o�,�'e�irne�s� !,;' to Cot�neilman Johanson� they had an obl.igation' to consider'��hi�l��ropOeal pt'ipr,t to Uhe time construction awards are let by the Diatrict: �� Ms,yoa��Relyetat�p�l"�he � did not have farst handknowledge �hat the Dietrict'e BOar,d Of.i'S;s'�tis�e�s„doea ",, contemplate awarding conetruet2on contsaots in the immediate� ��'�u}'ey^'p'tY1�xn•u'7 than what h�d-been reparted in a Minneapolia Newepaper�r,�ecBn�ly;�,thAt�`haw-''„°; ever, the IIoard now atande in a posi�tion to let theae` 'ao trao4��i�'�s'b��heb��;ragu- lar meeting on November 12th� havigg �received them oa N�emli�'s ��a��;�1g63°.` ��'YPr Nee iurther stated tkiat since the previous'motion had be,en ta�l��:ed; tp,i�a '�'uCux'e ' date� November 18th� he believed that e3ther of, thA ,iollowin�+�motiohs titqu3.d-; ; be in order: a motion ta take from the table Counci].tuan:Johst4pon�e'p�evioue,` motion� which would require a majori�y vote of �he Councii �to�i��ii,epail, oz'; s.�' new motion �to coneider a proceecling Yor detachment� whio� WnW.'Cd','Orily r8q'U�s,�"r a second to be placed �E3rm9.11y�beiore the City Couhcil P,or cbri�iderat�oY�� 'i + that his only reaeon was �hat the District does have .thel,poWgry; the;'�;Fo1loWipg`� day� to- award a contract in the amount pf approximately $�400tiQ,00.00e&ztd„ig �'� ' this con�hract is awarded� Fridley woul.d be comml�ted fox the3r.;sh�x'e of i'�• "h , ' •i � � ��, , � � �� _J � �� ,' ,�� , Mayor Neek'�eacpl,a�l�ned tha�� he hadn't realized this would be considered thie sooxl and When�'ii� had d3ecovered it� he felt the City Council ahould consider Counciltqan,-«7oh8�eon's motion. r Motion by Sheridan to withdraw from the table the motion the Ctty Council was to act on the 18th oY November to detach from the N. S. 5. S. D,� and act on this item �his,evening. Seconded by Brook. Mayor Nee stated this was a mo- tion,to procee�'"with detackunent and would require three votes to bring before- the,�'able. Upon�a�roll call vote� those voting aye on the mot3on� Nee� Johan- son� Sher3den� Wo1ke,Brook. None bppoaed, Motion carried unamimausly. Mayor Nee atated the following motion wciuld be to initiate detachment From the � N. S,, S. S. D.,,if thls was the Council desire, that he had requested City Attorney Smith to reaearch the probl m of detachment in the event theCity Council de'cided to do it snd it woul��appropriate for diecussion, � , ,, City �ttorney Smith explained to the City Council that he had brought with him this�evening the baeic act and thia act is Chapter 90 of Minnesota ex§ra seeeion lawe o�,,1961� that it has a provis3on in Sect3on 8, Subdivision 2, which states tkiat the area may be detached therefrom as the dissolution of the dietrict: ,'�i� ��ther explained that if an area is detached all taacable property within'�,the� district remains au6ject to ta�cation for any existing bonded indebtednees�,also any indebtedness incurred which is provisional� and if any cotnmittal ie made on November 12th� for instance� that contracts would be let� that aln at'rangement that had not been detached could be liable for that kind o�' an;obl3ga.tion. City Attorney Smith aeserted the act saye in de- teching thej'seajne pxocedure is followed as wae followed for the creation oF the diatr3et� that'i,they have to look at the provision that deals with the creation which ie Section 4 of the act and it baeically provides that a governing body did pass a resolution atating that it wishes to be detached and setting forth the grounds� arid further� this unit did aet up a time and place for a public hearing before the exiating board and that hearing must be held not less than ten days nor moTe than 30,days after service of the notice. The act provides that the not3c�,,,must be eerved upon each of the units involved� and any unit that hae property within the area, The act also provides for service on the secreta.xy oi the district. City Attor�ey Smith stated it isn't clear but the f i Anoka Coutity„Board should be served ae it owns property within the District� � and there,areil,egal conaidet8,�ions that might warrant the making of such a decision eithex for if the Council is moet ser�ous about waniing to Ue detached and secondly to�protect the Cityts position until some workable contract can be worked,out'w�th the NSSSD. He further atated the present plan is to con- struct cextain,�lines and to sell revenue bonde that have a general obligation feature� tkiat s twenty-eight page proposed agreement has beeri wrztten up by the distriet and distributed to the member communitiee� ftnd i.here have heen at least three meetinga of the attorneys involved, that tt�e original proposed agreement has beQn revised and there have been some changes. Councilma� �oh'aYleon etated in the evecit the Cit,y of Pridley does successfully �et out of the N. S', S�. S. D.� how does the N. S. S. S, D, sband FIS far as running a line'and would' they have right af condemnatjon. City Attorney Smith stated they have the'ri�htrof condemnation; that the ottorney� for the district h�ad advised him that the pY'aposed agreement� if Fridley were to so sign� would not �nterfere with the City's ri�ht to continue its existing sewer system operated in its own fashion� that�basically if the revenue 6ond lssue were made as proposed and all ap eed to the'existing agreen;ent� that it would noi foreclose Fr�dley's seo7ex system to iis! fta].1 capacity. '1'he .�greemenL that l;he District has ei�teied itito with Minne�pol�s does s,pecifically provide thab the City of Mlnne�pol�e cannot increaee arid give any output capacity to a private concern or to a city wii,hout first givin_a, no'�ice to the board of the distrzct. City Ati.orney Smith explained that the toae',o� the agreement would be thr�t i,kiey would be the exclus�ve acquirers of thie and with the proposals that are being made� P'ridley r�ould noi, have the opportunity 1�',Ithey wanted to, in the future, to �ncrease their copacity with Minneepolie. ;,,','� Counci'lman Johenson inquired of City Attorney 6mith if it would allow Fridley to continue '�heir preeent committment with Minneapolis. City Ai.tor,ney Smil.h repl�ed I'ridley coUld'con,tinue to operate �he3r own system but they couldn'b expand it �nd aa it,e.ppeeF� to him� now for Fridley to sign the existing agreemeut, they would�be,d0ing it under the gun because the agreements with i,he other communities have not been mLitually agreed upon and without having Facilitle�, thaL would ei1- able Fridley to expand their system Pridley uould ��ant b,y getting any immedisLe 9 �_ Y I � � � � advanLr��e, th�t about what they are doing is lending their sae"e'ssed v`aluation that P'ridley ha� and it is a si�nificant portion of the total. He �'ur�her explained i,hat he h�d explored generally t,he po�sibility of- a separ&�te agreement �fox the primary reason i,hat Fridley was the only participating CommUni�y,�hat has,exist- �ng sewer facllit�es and it �eemed to him Bhere should �be' some;'(,di'Yj$eren,ceti' in treatment cmd this is some�Lhing that has yet to be explored,' arifl f'rom'what he had been ai�le to ev�luate of all proposals Fridley does•not h9ve'sufficierit�" capacity conisnct,ed for now to serve totc�l needs for tihe futUre��` �hat as a`�� miuimwn, I�'ririley should protect their right and their future to''be'able to mtake some decis�on for the best economic �.nterest of Fridley whep ,thi�a t3me cOme��: City Ai,torney Smith stated it �aas possible that such an agreemetYt'can be � I worked out wit17 the NSSSD and he couldn't �ee how it could be'�worked'out"until they have committments with other communities that are completi�ly'w3'thvtttn sewer i facilities. � � ` �, � J- , � � � , � �� City AL-torney ;mith stated, in his opinion� there are a number, of'potentaal legal defects in the structure of i,he NSSSD� i,hot whe�her�or"n'ot��t'he�8`��e; �`' severe enaugh to disrupt the organization, he wae no� oerCein;bUt,�tliere, Ye a concern of the need of the communitie� to 1,he North of�Fridl�y�,'ehd' he� wae' con- cerned with how ]ong a period they could operat,e without a'con�tiraet'�p8�tici-' patin�; on the board without w�ivin� some of these defects or t'&ki�n�'Che '�ro-' ceeding of detaching and doing it before the district incure'�py gPeater'dn� debtedness, t,hnt it seemed to him that one could support't}�e petition'for"`'`�G� detachment. He further stated the City Council could do'this,to s&$��a'rd' � immediate interest unt31 something more favorable to Eridlej��'cOUld�',l��e worked'ouL. ,� , . . � �� Mayor Nee statrd that he hafl wril;ten sometime previoua s memo,,�hat�tle wae"aon�- vinced that the district would 2ionor a petition for detschment'i,'snd he Had"done so in his be�t ,jud�ement at the moment, He further stated' thsC he' �'e.s +not"as' conf�dent oF that, now as he had been� that at the same time he�'kiad�'inv�'tlte '" gated what could be done and he was convinced that one way or aqbther� P'xidley could achieve detachment, although it might be an u�ly sort of $kiing�''tHet he wished to modify what he had told the Council on this'subject'�nd he etill�' Felt that what Pridley thought, were defects in the baeic'etattrte 'th�t 3f�,�1 ' Fridley wanted to fight obout them, they covld get out'oF'tihe d19�triot and his own feeling was�i.hat eventually the problem would be solyed Vih�'the NSSBD-SUt I it did concern lv m thai the Board of the NSSSD had not�been'p`rudent�,�in the�order � and requesLing of bids before some of the fznancial probiems°w�re"reeolved and J he didtt't ]mow how he would vote on thia motion on the flooi':� �Iayoxi�Nee "�fi1r=' ther stni,ed t,hs�t he ngreed with City Attorney Smith that if'Fridley,,dldn't move for detc�chment tonight, they probably were c:ommitted'to the eri'tire pattern thet has developed on that board but still felt and agreed with�Cou�ic37.man'", ' 47olke that this has to be done by somebody but also agreed with�CoUncilman ' Sohanson it was ndlSec�uitable. "'' � ` i I,- � � ` '' i Councilman �heridan inquired of City Attorney 9mi�h if he belLev2dy'Fr'idle�y"'' could opnrate their own system under this contract with the N35$Diand�3t wa5 his belief that by signing the present contract with the NSSS$DI,FY¢dley,wonld be givin� up their present contract with the Cit,y of Minneapo],Y,�S aud�the'��'cap- acity Fridley now has woUld be aZlocated to the NSSSD. ,He iuxttkiex''�stated that what made him believe that was �hat the dietrict's con�ract *aS,p�l� t�te Ci,ty,� o�''' Minneapolis ts only valid upon i�he approval of the City'of FY��:dleyibecaus'e 3t encompasses our present contract. Mayor Nee stated that,part ai the statement was not correct. - , � City Attorney :;mith explained the proposed agreement the'distri'et�;has circu-, lated talked about 14.5 efs does not include Fridley 5.�6,ePa�,;�hat�l`�ho�h�'Mr., YJhitney and Mr, Kohlan� at � meeting� have been very plain,in�'tell'ing him�this is their interpretation� th�t Fridley's cfs is something in addi,tion t'o this and they are not greatly concerned and they do not 3ntend th9,t,FrtdTey�!s�agree- ment rrould require thet this be turned over. Mayor Nee',etated�,qt�e mema whYch I was nttached to the sample contract stated the ataff does 9nt�pipata'.tha,�'¢ip � I this contract th�re is included the entire city. The City ManageY: etateti'the J contract prov�des for the machinery for the city transYerring'�ita'capacity to the district which implied to him that contract does not do it.;-,ICity Attorney Smith etated there wae some confusion on this that Fridley doe&rhave', to have a contract iF they etay in �he d3strict and it has to be��ie�,�lt�z,edito'ite,�p'own�' � circumstances with the right to have en option oP'the gqv'er`nt�q�g' body "of thie � r,ity to dei,ermine, at some future time� when Fridley is"''i'n;�wed�ti b�'�r�dome' c�gpa- city to decide, that this could be contractually true; if,Fr3d�ley would'lend them their credit for full faith� they are mnking a significtlriC'ebntribtrtion and about all we need to do at this time because we are getting in,tx'ade a �' �� ' �� , � � ;; � , . � � �� system 'th9��'h�a�3iyot been conetructed is a board that is not valid by a court. City;At'�ornAy'�,IA3.th at�t�d that at eome time in the future� it may be wiee to put,9'om8,�0� ,��'i�d3ay's+system inbo their 13nes or to tuxn over their operation but a't this',eteqe ,�q,tTeat Fridley almoet exactly like the areas to the North with no capaci��y,'gqd„'�.ean,on Fr3dley's assessed valuation� then Pridley wea not �ett3ng 'an,�G�qtiuip�ble hreak on it. Councilman �er�i�dazl g�ated these were some of the ques�ions he Yiad had in mind and;the'y''�h�d�,been anawered. He further stated the Minneapolis Contract with the4Di�trict then is only for the 14.62 or approximately thai;. FIe fur- -- thex inqu�xe,d,about th� clause in the contract that is subject to approval of the City of'k'nidley end would Lhis lead him to believe Fridley is giving up � their capae�tyl`thet they,now have with the City of Minneapolis so i,hr�t the District cari gp on. � City Attori�ey Smith explained that he had looked through the agreement and didn't fi,t}d ;epeG3fically that it states that the Cityof Fridle,y must con- tract arid ag7c'ee'to the,contract t$at exists bet�aeen the dietrict and Minne- apolis�and,it was his opinion that a contract presently exists between Fridley and Minneapolis,�and that the City of Minneapolis cannot enter int,o another con- tract with anothex p¢rty� which is the district, and dissipate and throw away,ite oblig4'tlona to Fridley. He further stated in order for tl�is to be effect7.ve to Fridley� it would have to be consented to by Fridley, that in the agreament with'Mlnneapolie it l�as a preamble which says before the district shall seJ.l revenUe bonde it shall enter into an agreement with communil.ies. C�ty AttoTrie,y Smith,went on to explain that in the agreement itself it does provi¢e apeciflca],ly thet the dietrict shall have the exclusive right to any additiona�;Capa,city that the City of Minneapolis has ❑vailable but as to any private paxties and before any such c�pacity would be given, notice would be made to'the'diatrict which made him think this is an exclusive afiair as to the right oi' Fridley to expand their syatem. Couneilman,Sher�,dan inquired iF what system Fridley h�d if they had bougl�t same froUl Co'lnmb'1a Heights. City Attorney Smith replied that w�� correct and the 6a�anCe was,`�the part that �aas independent that Minneapolis had available at the time. ��' � I Councilman Johadson etated that Fridley had been told MinneNpolis hns no more capacity for anyone� yet the NSSSD doesn't seem to have any trouble at �11 picking up, any cf'e. Mayor Nee replied this was dCminishing capacity where the projeeti'on of cloaeont occurs in about ten nr twelve years c�nd there will be some capacity,'there in the event the dlstrict abandons their force line in 12 years� and of what ie committed and the pro,7ections� there wtll be � def- icit without the 14 cubic feet mentioned. CounCilman Joharieon inquired if there were �ny reason to believe Fridle�� could contract with't�e NSSSD. Mayor Nee replied he thought it wae pdse�b]e. City Attorney Smith explained to the City Council Lhere wasn't really an,ything profitable;,or�unique sbout running a sewer system� that this wa;� �ust a utility that tradeB,�,dollars for the cost of hia3ntenance or operation nnd iF Pridley had a going coneerrlll"that,was in operation� then their alternatives for making an agreement F'oUJ.di�1� be out of line but with Pridley having a system thai, has been financed by asseesments and one that is in operation, Pridley �s in a uni,que situati'on as compared with other communities involved. City Attorney Smith etated he',flad hoped the district would not move until agreemeni,s had been worked out,,wi�h a11 of the communities and it, was not certain that they were'but thg nawapapers did report it. ,J, ' Mayox Nee,�s'tattFl;�he-agreed with City Attorney Smith that if the disi.rict was not now i�}' & position to award the bids thex•e wasn't an,y question th�it i,he mation sho�vldibe defeated� that he hed made an appeal i.hat the diatrict not call for bide Por this,reason and since they did, he had been in a diminish- ing po�ition as far��ae any eanuvers went on the district board. '� Mr. Carl k�aulson� resident� stated h3s ini,erest in this subject was of course� monetary'end C,i,t�y Attorney Smith had pointed up the i'acts cle�rly, there ss an inequityy that people won't sit back on this item and in casee where the people have�to k�ave pTOtection� they go be�'r7re the City Council. �Mr. Paulsou further stated�the people don't have any guaranty of the lack of �nequities in the NSSSD,and',ii it would be possible to attach at some lnter dat.e, it m2ght be feasiblea'that Fridley should not enter into en egreement �nth i,he d�str�et and make the„residents 1lable. i«r a�� Counc�lman 4lollce inquired what would happen if Pridley did ask for detachment and were a]lowed to detach and some other communities would g�t the'capaCity Fridley w�G appl,ying for. FIe further 3nqmired what guaranty there'was that Pridley could pet back into the District. Mr. Paulson xeplie$ the 9tate'of Minnesota would provide that ri�ht for sewage capacity� thgt �ny court in ' thr land would protect Fridley on that, Mayor Nee stated COUncilman Wo1ke's point was well taken because thae is certaanly a risk in the petition for ��ithdrawal. Councilman Wolke replied he felt it was a big ritlk� that the' City Council had indicated to the people they would give them'',capacity ahd the Clty Council knows they can't put sewer in tte whole City'of Er3dley� ;�' that tlte entirP population cannot be serviced and inquired iYithe'y woU1d close I the door and rely on M7nneapolis or the NBSSD that they will',',save �some capa- c�i,y, that ri�=ht now i,hey can't buy capacity. Councilman Joh�.nson stated it __ f *�as hi, opinion they had never attempted to p's�k it up. "' Cou�cilman Sheridan st�ted that from all the f�gures that'they had'been �,ola from regort, the City of Fridley would need apprpximately 15 to 16�efs to have a complete s;�stem and eetimatee of saturation, yet the di5triat only'has a capacity presently that wou1�3 nnly i,�lce care oF the Ci�ty oP FPidley: CoVncil- man L1o1l:e repl�efl the contemplation is for building a plant,' Couneilman' ' Johanson �nquired if Councilman Wolke thought ttie NSSSD would turn down the City oS Pridley at i,he time they would build their plant. Mayor Nee stdted he d�idn't think they *aould but that they mi�ht very well insist Fridley make''tlie capitol payment that I'x•idley would 2�ave made if they ha�3 stayed in'tte�`dts�trict but he dic9n'L see ho�a they could ask more. He further stated that if'Fridley ��ou]_d atnrt biii]d�nr; thc ba]ance oP the interceptor system on the premise it goes in1.o Minn��polis and make con^truction in the North th¢t 'is required and then connect, up to i,he NSSSD� tlie,y woulrl have epent too many dollors on c�n internal :;vGtem. Cotancili7-�n S}ier9�lau stated if Counc�lman Johancon would withdraw from the table h�� previous mol,ion� he would make � motion to withdraw from the district, that he beli�vFd tlie primt�ry concern of this Coiancil should be that until sucH time as a coiitract is worked out between L-he Cit,y oF Fridley and the district which wou]d tiP t,o thr advantage o,`' T'ridleya that the City Councll ahould'ask to be wlLhdr�nin from thie districL �n v�ew o£ tl�� pos:lble action that will be taken I Tuescl��y, Plovember 12th and �f euclz action doesn't comP about and if such a I contraci, can Uc� iaorked out, to the sattsfaction of this body� they eould al- � �aa withdrati the�r � ' ' ' ys pet,ition i.o za� Lhclraw. Motion by Joh�uson to withdraw previous RPSOLUTION �f48-1963 re the NoY'th� SuUurUan Sanztar•,y Ses�er Distr�ct on April 1, i953� requeating'detachment' from same. � � Seconded by ik�eridau. Upon •3 vo2ce vote, there being no neys�'the motiois c�rrricd unanzmousl,y. 'I i I � i�, � R�SOLiI'P10Pi ?f l�`�0-19�i3 P[;OVIDINC FOR DLTACHPdESTT OP 7'HE LAND: TA� CTTY OF r']�ID1PY FROM TIi[�; NDRTH SUBURRl�N SAN7Tf�RY SEWEi _, D9otion by ;�heridan to adopt R]�SOLUTION 7�1�0-1963 providing for,detachment of i,he lands avd �rea witl�in the Cii.,y of Fridley from the North Suburban Sanitary "�o�er Ihcirict,. The City Manager read the named resolution iu full'. Seconded by Johanson. Mayor Nee inqu�red if Mr. Sack T:irkham and Mr. John Wright, R'e�aly elecLed L'otmcilman as of Jcanuary 1, 196�+ would wish 'to make a statement. Mr. IC�rlch�m rc�p]_ied if he taere in �Lhe pbsition of a CoUneil met��7g�' thia even- iug, he wuulQ have voted in fnvor ot the resolution. Mr. Wright,explained ii, i�ae his feeling about the b�rrel Fridley was over centeringiarot�nd the timinrr and inqu�red if it could be arranged to have a session'�of the board' on chan�;e it has made that, this withdrawal is the only thing �'rid�ey could do in far_e oF tlie possiHility of :�40� ,000.00 or more in bids.; ge''Yvrther' I, staLed th�s didn't me�n the CiLy oi'lridle,y wouldn't raquire��oi�requeat capa- —� ci{,y Prom thP NSS5D and if the intent Counciln�an Sheridan had that this may no{, be �inal action �nd tl�et Fridley would l2ke clarification Of the cfs with Minne�polis and if �e�lthought i;his were the meanin� oi this motion, he woizld voi,e for i6� oLherwise he would vote againet it. , ,, �'�� ^ . Mr. V. M. Na�;el, resident and member oF the District Board of,the NSSSD� �tated he tliouglit that at a previous meeting they hed eome in511cation of �,rhat might, happen to T'ridley and i.hat wos the Health Departmet'1t direetory of putt� n�; sci�a�e znto the sen� t�ry ser�er, that at the gallona ;p�r" day �ridley � I, , � � i� � �.f';; , y'�i', � was'usY.ng�,`tfleyy��,iJere,�aking caxe o� aIl tpe cspacity they hod x3ght now and inquixed what`"Fr�#.�d�ey;,�was goirig to do if they were able to get same tndustry. He ,�uritlier��tat'6d� they hed known since 195�+ that Fridley's syatem was deficient and Fridley�wae�,'�i��,00mmunity that had started the NSSSD and now is not the time to withdraw'y'now�;is the time Fridley should be taorlting with these other communities� that Fridley is�,�,just making it more dif£icult. Councilman Broolc stated tt�is resolution�leYt;Fridley open for negotiation. Mayor Nee re�blded it did not as it was not Pr'oyiaipqal. Mr. Nagel s�ated if Fridley went back into the district later,� , they',�iou� h8ve' to pay moxe�' that the rate they had negotiated with Minneapolis Sa''eoneiderebly less than what Fridley is pciying and there is not going to be any'negotiating until all communities have agreed, that this may nevex come aboUt,and he st�ed he felt over the long tun the NSSSD would have a lower 'rate than theTe ie now available, Councilman Johaneon stated that would be many year9 in''�the future. �, Mayor �Nee atated,that ,$he folloi�ing day the motion would be in order to az�ard the contraats for the district fox $kt00�000.00 and to do so woul�l substantially decre�ae the'negotiability o#' any motion Pridley would put bef'ore the district board and Fxidley,wou�.d'be liable for the $400,000,00 whether or notllzey used it. $e further atated he had opposed and stated quite clearly his position before the Board and the Board chose to call for bide anyqay, th�t the position of Fridley 3e de�eriprizing and he didn't wani. to do thie bec�use of the con- tract �hat had b�een,proposed to Fridley as it was the best proposition that they had tie�d but tkiis wae not fair to call for bid�, Mr„ Nage1 replied he felt the distriet bo��d'xealized many things have not been taken into conr,ideration in Fridley's eltu�ation'and they have tried to design a contret th�t is good for all of them.i,,i'„Mayor Nee stated this d�Ud not alter anythin�, I�ridley was stilliliable Yor�,lChe monies spent. Mr. Nage1 replied thia made no difference. On the original uiotion by Councilman Sheridan adopting It�50LUTI0PI �180-19�3 and seconded by,�;Johanson; upon a roll call vote, those voting a,ye, Pdee, Sheri- dan� Jphaneon� ErOOk. Those opposed� Wolke. Motion tlarried. � � � ADJOURN: If There,being,no'�Uither bueit�ess, Mayor Nee declared the me�ti,ng adjourned, � r;�ir Respectfully eub�itt�d� ��i` ' iY ,, � ,- � u.�c�- � Miekow e ,�p r� Willi�m J. Nee' Secretarg to the',Council �G � � " � . � REGULA$ COi]�ICIL' vG - rrov�r�Ex 18, 1963 ''�I� '� A xegUlar meetiiig of the Cpuncilof the City of Fridley was called to order by Mayor Nee�at"$:07 P.M., ��' ROLL CAI,I,: � � ��, � � �� Memb r t�� W e e PresOn i��'o,Nee Johaneon Sheridan olke � �,,Brook"arrived�at 8:30 P.M. Membere Absent��,�Nona arrived at 8;12 P.M.� APPftOVAL OF MINUTES'- RE6UI�AR MCFTING, NOV�MBFR 4, 1963: i�a�'�� `� Mot3on by Johan�oil to approve the minutes of the Regular Meeting of November 4, �963 ae prepe'rad'and received, Seconded by Sheridan. Upon a voice vote, there bein� no ,'i�e,ys� the motion carried unanimously. f P, ', I - SPECIAL MEETING. NOVEHIDER 7, 1