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07/27/1964 - 00022647I� SPECIAL REGULAR COUNCII, MEETING - JULY 27� 1964 A Special Regular Meetmng of the Council of the City of Fridley was called to order by Mayor Nee at 8;12 P.M. ROLL CALL: Membera Present: Nee, Kirkham, Sheridan, Wright Members Abaent: Johanson Mayor Nee requested that Councilman Sheridan conduct the meeting. OLD BUSINESS: SECOND READING OF ORDINANCE #282 AMENDING SECTION 45.19 ��) � FUNERAL HOMES : Acting Chairman Sheridan announced the second reading of an ordinance regarding funeral homes. The City Manager gave the second reading of eaid ordinance. Motion by Nee to accept as second reading� adopt and publish Ordinance #282 which ie an ordinance amending Section�45•19 oi the City Code to allow Yuneral homes and mortuaries in en R-1 Diatrict by a Uee Permit. Seconded by Kirkham. IIpon a voice vote, there being no nays� the motion carried unanimously. NEW BUSINESS: COMMITNICATIONS ; WASNICK: WATER CONNECTION: Acting Chairman She�i:dan announced a communication from John M. Wasnick regarding sewer and water aervice to his home. The City Manager read the communication from Mr. Wasnick to the City Council which requested that sewer and water service Yor hie home to comply with F.H.A, regulations from the west side of East River Road to the Eaet Side and jetting under the East River Road� also, requesting a reduction 3n his easessment for the amount of money it would coet Yor ,7etting. It was explained the aesesament against the Wasnick property ie ior a main transmieaion 3ine and he hae not been asseased for a lateral� that there is water service com3ng up to Osborne Road and in order to serve this entire side including this property it would require a lateral and there is really no neceseity for it and the lateral, if and when it goea in, will be only on one eide of the Street, The City Manager Yurther explained ii one lo� is pulled out by �iving him credit it could hamper the eewer line but the owner is in a position where by he can't guaranty when the lateral comee by because he won't own the property. The City Manager asserted that it does appear there is no esseaement that can be reduced by the coet of thio jetting u�der the road and it wae impossible to protect the city five or ten years fa�om now. Acting Chairman Sheirdan inquired if Mr. Wasnick wished to addrese the 81ty Council. Mr. Wasnick stated that 8 or 9 qeers previous when water and sewer contracts were being let on the East River Road in order to get the people to sign easement righte, they were all mede to think what the city engineer� at that time� said was true; that he had said that the sewer would be let tp the West eide of the road so that the residente would have access to the sewer and the eame thing was true with the w�ter. Mr. Wasnick ststed that he had now sold his home with that in mind and had eigned papers that the aewer and water would be in and the water is noi, in, it is on the west side and he would have to get it from Osborne Road. Acting Chairman Sheridan inquired if the City wouldn't periodically 75 put cros�3ngs in on the East River Road to tie in water and sewer laterals when such would be uaed. City Engineer Qureshi replied that in this area there are no such laterals on iset River Road. Mr. Olson from the conaulting en�ineering firm of Comstock and Davia explalned this had been done before they worked for the city but there were laterals that were conatructed on East River Road at intervale all up and down Eaet River Raad 6ut this Was a stretch where the lateral had never been conatructed on the East River Road nnd the area from Oaborne Road South had undergone a similar aituation as the water crosses• at Osborne and 77th. Councilman Wright stated with a sufficient petition from the reaideayts there could be a lateral run. The City Manager asserted that to build a lateral to serve this par�icular home would be more expensive for jnat one individual to get across. Councilman Wright stated it was his opinion that the proper solution would be to obtain a petitian from the property ownerc that would be served on the East side oP theEast River Road la�eral and present it and thie could then be considered new construc- tion, NLr. Waenick replted he and his neighbore-were all of the opinion that etuba would have to be run acroas. Councilman Wright explained there are always procedures to follow and the owner� in the area would do the petitioning,for this service. Mr. Wasnick stated that- wouldn't be very good becauae years ago the city engineer had given the neighbora his word on thie and then when new.people get elected to office they have to do thin�s ¢11 over again. The City Manager explained it was poseible the neighbars didn't understand they would have to hook up to the s�ubs, that they had the same situation along other roads and if the people want water and sewer they have to hook up to etubs but inguired if it wo�dd be poasible for Mr. Wasnick to satiefy hie agreement to escrow the money so that the person buying the home would be aesured of a paid lateral when it came an. Mr. Wasnick replied he would flnd out about it. Motion by Kirkham to table the consideration of the water connection for Mr. John M. Wasnick of 7�13 East River Rosd to the next negular meetin�. Seconded by Nee. Upon a voice vote, there being no nays, the motion cerried unanimously. BUILDING BOARD MINU`I'ES, JULY 22, 1964: � Acting Meyor Sheridan announced for Council consideration the Building Soard Minutes of July 22, 1964. The City Manager explained to`the City Council there had not been a quorum at the Building Board Meeting� that the City Council could act on the items if they wished or they could be returned to the Building Soard. BUILDING PERMIT SY GIL-MOR, INC.. FOR A CEMENT STE�L . E. ON LOTS 1-5. AUDSTORS SUB- [dii Actinp, Chnirman Sheridan suggested the City Council discuss the item as presented. The City Manager explained the plana and apecifications of the shopping mall to the City Council. Mr. Sheldon Mortenson� co- owner was preaent and explained in detail the plan. Motion by Wright to approve the application for a building permit by Gil-Mor� Inc.� for a cement steel shopping mall at $�51 Central Averne N. E., on Lots 1-5� Auditor's Subdivision �153, 404 feet by 240 feet with an estimated cost of $800,000.00. Seconded by Nee. Upon a voice vote� there being no nays� the motion carried unanimously. APPLICATION SY THE PARK'S DAIRY STORE AT THE N. W. CORNER OF MISSISSIPPI STRE�T N. E. AND OLD CENTRAL AVENUE TO ADD TO THE PRESENT STRUCTURE I� Acting Chairman Sheridan announced the consideration of a frame addition to an existing building. The City Manager explained the plan for the atructvre to the City Council. Councilman Wright inquired oi the City Manager when the lsst frame building was approved by the City Council. The City Manager replied he was not certain that there had been any approved of late but thie building would be accord�ng to the code. Mayor Nee inquired if thia application had been reviewed by the Building Inspector, that the ordinance does re- quire�that when an addition of thie size is mad it ehould go to the Building S�andarde Committee. The City Menager replied that on a non-conforming use this was correct. Mr, PaYks wae preaent to explain the addition to his building and stated it would be all block construction� that there are no eanitary facilities in the present building but the facilities are all on Miasiseippi Street and thaty eventually� the old building would be torn down. Acting Chairroan Sheridan explained to Mr. Parks that in building this addition he was bound to build;the reet of the building up to the present code including the wirin� and plumbing. Mr. Parks repl3ed he had understood this. Motion by Nee to approve the application by the Park's ➢airy Store at the N. W, corner of Mississippi Street N. E, and Old Central Avenue to add to the presant structure an 8 foot by 30 foot addition� conditioned on the stipulations placed by the Building Board that the entire building� both the addition and tkie old structure should be painted at the same time. Seconded by Kirkham. Upon a voice vote� there being no nays� the motion carried unanimouely. RECREATION COMNSSSION MINUTES,MAY 25, 1964: Acting Chairman Sheridan announced the Recreation Commiseion Minui.es of May 25, 1964 for Council consideration. Motion by Kirkham to receive and file the minutes of the Recreation Commiseion held May 25, 1964. Seconded by Nee. Upon a voice vote, there being no nays, the motion carried unanimously. RECREATION COMNLCSSION MINUTES, JUNE 22, 1964: Actin� Chairman Sheridan announced the Recreation Commiesion Minutes of June 22, 1964 for Council conaideration. Motion by Nee to receive and £ile the minutes of the Recreation Commiseion held June 22, 1964. Seconded by Wright. Upon a voice vote� there being no nays, �he motion carried unanimously. RECREATION COMMISSION AND PpRK � MINU7'LS Acting Chairman Sheridan announced thel•Recreation Coramisaion and Park Commission Joint Meeting Minutee of June 29� 196�+ for Council consider- ation. Motion b�r Wright to receive and file the minutes of the Recreation Commiseion end Park Commission Joint Meeting held June 29, 1964. Seconded by Nee. Upon s voice vote� there being no nays, the motion carried unanimously. y VISITORS: Acting Chairman Sheridan inquired if there were anyone present� not 13sted on the Agneda� who wiehed to speak at this time. There was no one present. LIC�NSES: 7� Motion by Wright to approve the isauance of the following licensea: �:CN.�/e��i��CH fIouser Corposation 3703 Marshall St. N. E. Minnespolie, Minnesota GtiNGRAL CONTRACTORS by: Edgar W. Houser Circle Terrece Building� Inc. 5245 University Ave. N. �. Columbia Heights� Minnesota by: Henry Bird HPATING Allied Store Eguipment Company 6100 Weyzata Soulevard Minn�polis, Minnesota by: A. L. Robertson MASONRY Edward Eismanis 1623 West 32nd Street Minneapalis� Minneeota ELUMBING Hedler Plumbin� Company 2519-4tYi Street N. E. Minneapolis, Minneaota CIGARFT7� Gary's Standard Selwice 6490 Univereity Avenue N. E. Fridley� Minnesota 55421 LIVESTOCIt Leonard Cochran 6537 Central Avenue N. E. Fridley, Minnesota 55432 S�RVICF STATION Gary's Standard Service 6490 University Avenue N. E. Fridley� Minneaota 55�+21 by: Edward Eismania by: Sylvester Heldex by: by: Gary Longerbone Leonard Cochrsn NEW rr�w NEW I���I�1"/� NEW RENEWAL NEW by: Gary Longerbone RENEWAL Seconded by Nee. Upon a voice vote, there being no nays� the motion carried unanimously. Mayor Nee inguired re�arding the livestock permit for Mr. Lenny Cochran if it was in fact a new use or if the person had been doing it for some t3me. The City Manager replied he did not know, that compla3nts had be�un coming in about three weeke previoue. Following a diecuesion period on the item� the City Menager suggested the City Council could table thia item to the meeting of August 3rd or authorize the admin- istration not ta take action. Motion hy Nee to table the conaideration of the Liveatock permit for Mr. Lenny Cochran of 6535 Central Avenue N. E, to the next regular meeting. Seconded by Wright. Upon a voice vote� there being no nays, the motion carried unanimously. ESTIMATES: r� Acting Chaixman Sheridan announced estimatea for coneideration by the City Council. Mobion by Nee to approve the payment of the fol- lowing eetimates: COMSTOCK & DAVIS� INC. CONSULTING ENGINEERS i446 couxm� aoan "a" MINNEAPOLIS� MII�INESO`PA 55�32 Eetimate #1 (Partial) Water Improvement Project No. 34-0 (Croseing of T.H. �69�+ at Johnson St. and 7th St. ) Estimate #2 (Partial) Storm Sewer Improvement Project No. 5-A (North University Storm Sewer) Eatimate #2 {Partial) Water Improvement Project No. 34-M (Marian Aille Booster Plan�) $ 27.50 $1,67i.5o $ 232.50 Eetimate �4 (Partiel) Sewer and Water Improvement Project No. 61 (Sewer and Water 73rd Ave., 7th St. - 61et Ave.� 60th Ave.) 40.00 $1,971.50 SUBURBAN ENGINEERING� INC. 6875 xw7t. #65 M3NNEAPOLIS� MINNESOTA 55�+32 Estimate #1 (Partial) Sewer and Water Improvement Project No. 69 (Meadowmoor Terrace) �3 288.24 $5,259.74 Seconded by Kirkham. Upon a voice vote� there being no nays� the motion csrried unanimously. PETITIONS: Acting Chairman Sheridan announced for Council coneideration petitiona se presented. Councilman Kirkham stated he had two petitione to preaent. . Motion by Nee to receive and file Petition #29-1964. uecanded by Kiitkham. Upon a voice vote� there being no nays� the motion carried unanimously. Councilman Kirkham stated he had a petition which had been presented bef�6re onCounty Road H for eewer and water but the petition was now 100`�o and wae called Petition �28-i964. zt was explained by Mayor Nee it had been his impreasion the reaidenta had wanted immediate action. The City Manager ceplied they would attempt to have the proper resolutions ready for the next regular meeting. Motion by Wright that notice be taken that the additional signature „�requeated had now received on Petition #28-i964. Seconded by Kirkham. City Attorney Smith inq�hired if thia were eomething they were going to assees snd if eo, it should include the usual reaolution. Acting Chairman Sheridan replied they did not have the feasibility report. A resident raieed the question that they would like to know when the work would start. City Attorney �� Smith replied this had been hie reeson for raising the question for a�solution. The City Manager suggested they could pasa a resolution preparing a report but could not order the,haaring fmr, tk�e next regular meeting beaause there wasn't enough publication time. Mr. Dlaon of the caoneulting engineering firm of Comatock and Davir, atated the basic planning on this area was done when the Interceptor wae put in.. The City Manager stated they would have all matters pertaining to this ready as soon as possible. Councilman Wright suggested a public hearin� be set now in order to save some tima. Mation withdrawn. Motion by Wright that the City Council order publication thereof and a public heaxing at the.earliest possible date of August 17, i964 on Petition 28-1964, City Attorney Smith atated the rule as to time ind�cated thia muat be published �wdce and the �itwo�publications must be a week apart and tYiesituation here was that thie item could be added to same existing contracts. The City Manager explained publicetion�datee to the City Council. City Attorney Smith i�rther explained the feasibility letters could be dated between the present time and the 3rd of August. Motion withdrawn. Mr. Olson of Comstock and Davis inquired if the petition� as rece3ved� wae for 100� of the owners. The Cit,y Manager replied it wae for 100� of one �ide oi the road. Actin� Chairman Sheridan announced there was a petition for water and sewer on 5th Street from 54th to Highway,#100 and it atated 50� of the ownere and 43� of the lote. The City Manager explained. �here are no eigners from the cemetery side and ii they counted the cemetery they woidld h6v� 50� of the owners and �3� of the lots� that one lot owner did not aign and if they don't count the cemetery there would be 66� of the owners. Motion by Nee to receive Petition #3o-i964 and refer to admin- n�strat,ion for processing. Seconded by Wright. Upon a voice vote� there being no nays� the motion carried unanimouely. DISCUSSION 0�7 CURFEW IN PARKS - AMENDING CHAP'i'ER #77: Acting Chairman Sheridan`announced for Council conaideration the first reading of an ordinance re�arding curfew in parka. Maryor Nee sup,geeted the ordinance be made to read betWeen the hour af midnight and 5 A.M. Councilman KirkYiam agreed. The City Manager gave the first reading oP an ordinance amendin� Chapter 77 'of the City Code of Fridley re�ulating municipal babl5dng beachea by providing for a curfew by adding a paragraph No. 16 to Section 77.03 thereof. Motion b,y Kirkham to acdept as firat reading an ordinance amending (1h�.pt8t �('�'of the City Code of Fridley regulating municipal bathing beachee by providing for a curfew by adding a Paragraph No. 16 ta Section 77.03 thereoP. Seconded by Wright, Upon a voice vote� there being no nays� the motion carried unanimously. APPOINTI�NT TO POLICE COMMISSION: Actin� Mayor Sheridan announced for Council consideration an appointment to the Police Commieaton. Councilman Kirkham stated he had a recouwendation 3n this regard� that he had given each of the membera of the Council a letter co�ending Mr. Whitmore from South Dakota with the number of years oY hia experience with police work and the fact he is now in an admin3etrative position with 60 people under him� he believed he ahould be coneidered for this position. Motion by Kirkham to appoint Mr. Wilbur Whitmore of 440 Rice Creek Terrace to the Police Commission to replece Arthur Walker term expfiring �2-31-f5. Seconded by Nee. Councilman Wright inquired the length of time Mr. Whitmore was in police work in South Dakota and wae told three years. Councilman Wright inquired of Mr. Whitmore's present position. Mr. Whitmore stated he wea warehouse mangger for Eranklin Manuiacturing �� Company. Upon a voice vote, there being no nays, the motion carried unanimously. The question was raised on Petition #28-1964 on Central Avenue if there �as any way the City could delay the blacktopping of therroad as the County ia in the procees oi repaving it. City Engineer Qureshi explained this would have to come all the way from 73rd to the County Road and the County ie widening the road to four lanee. The City Manager etated he would talk to County Engineer Lundheim to delay the paving of the road. Mr, Oleon of Comstock and Davis� conaulting epgineers, etated the line on Coun�y Road H xae f'rom 73rd. Mayor Nee inquired if there were a need for a lift station. Mr. Oleon replied it could be aerved by gravity. A diecuseion period was held regarding all aepecte oY the eervice including connectione and,dispoaition tihereoi and if the N.S.S,S.D, would t3e into thie particular eituation. Aseeesmente were aleo diecuseed. Mayor Nee inquired if the residenta were aerviced with water if it would eolve their problem e,nd was told it would to a degree. Acting Chairme.n Sheridsn ia�quired if City Engineer Qureshi and Coneulting Engineer Comstock could give the Council a report on thie item Por the next regular meeting. City Engineer Qureshi replied they would try, The City Manager etated they would attempt to have a feaeibility report for the City Council the iollowing Monday night and try to get the County to stay away from paving the road in question. It wae explained by Acting Chairman Sheridan if they could put sewer in they would put both serv3cee in at the same time but if they could not the Water service would probably have to wait. A(�2EEMENT - RE: P[ktCHASE OF LAND: Acting Chairman Sheridan announced for Council consideration sn agree- ment with the Carl Benngtt Company for the purchase of land. The City Manager suggested to the Ci�ty Council iY they wished to hold the property for iuture use, they could take an option with the stipulation that if the election didn't go through the option would be dropped and thie was on� type oP offer they could make. City Attorney Smith stated they certainly would sign for the value of rents Pmr the one and one-half montha the ownerowould loee�and thia wae ell thst he would really loae because he wowld still have time to get conetruction under way beYore winter sete in. Acting Chaix�man Sheridan stated the owner of the land might want architect fees and other iteme. City Attorney Smith replied 3f they couldn't agree on the price, they would condemn and thie ahould be satisfactory and would leave the item open for negotiation. The City Manager expleined if the City Council decided, they could have him negotiate with Mr. Bennett or the CIty Council could if they wished; that he could adviae Mr. Bennett and return with an agreement to the City Council. City Attorney Smith explained that part a£ the City Manager's thinking wae that he wanted eomething to begin negotiations with. Mayor Nee inquired wh�t wae involved to start a condemantion. City Attorney Smith replied there would be problems of different natures, that he did feel the City Menager could negotiate the matter and the moet that the Carl Bennett Company would expect would be the premium of the value of lost rents for one and one-half months becauee if he were to start building right away he would have rentals and the fact that Mr. Bennett would know by September 15 was still sufficient time to dig footinge and get all winter work done on his huilding so that the winter construction would not be costly. Motion by Wright to autharize the City Manager to ne�otiate with the Carl Bennett Canstruction Company Yor an approximate agreement� same to be returned to the Council floor by puguat 3rd. Seconded by Nee. Upon a voice vote� there.being no nays� the motion carried unanimously. �� xcsoLtrrzort #i47-1964 AvTHOxzzING SPLITTING OF ASSESSP7ENTS - BLOCK 13� PLYMOUTH: Motion by Nee to adopt Resolution #i47-i964 authroizing and directing the splitting of epecial assesaments on Lots 22, 23� and 21+, Block 13� Plymouth Addit3on. Seconded by Wright. Upon a voice vote� there being no nays, the motion carried unanimouely. �soz,trrzorr �i�+8-1964 xE: m.x. 47: Motion by Nee to adopt Resolution #14n-1964 to the Commiseioner of Highways� State of Minnesota� urging early construction of Trunk Highway 1+7 within the City of Fridley. Seconded by Kirkham. Upon a voice vote, there being no nays� the motion carried unanimously. RESOLi]TION #1�9-1964 CALLING FOR A REFERENDUM - CITY HALL: Acting Chairman Sheridan announced for Council coneideration a resolution calling for s referendum on the new CitJ Hall. City Attorney Smith explained to the City Council there were two parts to the resolution� one was to vote on whether or not to sell bonds not to exceed general obligatio❑ bonds a�d the second provieion was to see what the people think abou� pledging liquor revenues because in order to do this the City Council would have to have the consent of the people. The City Mansger preeented a notice as to how the ballot would read. Mayor Nee inquired if people would vote on 6oth items and was told this wae so. Mayor Nee inquired if the people voted "no" on the top of the ballot if they could vote "yea" on the bottom of the ballot. City Attorney Smith replied they could but he was not sure theae would then be saleable bonda. He explained Mr. Charles Iioward, attorney for bonds, had suggested the people be aeked to vote on both propositions on the same ballot but perhaps the bonds are saleable with just the pledge of Iiquor etore revenue. City Attorney Smith further explained the Chamber of Co�erce wae concerned about private liquor and there might be a number of people who would think in terma of this kind and w��ild not commit liquor etore revenue and other people might favor City Hall and would be most atixious to keep ae little a levy for it as poeaible and the new City Hall could be conatrued by some to be all from earnings from the liquor store at Holly Center. Councilman Wright'etated he wae certsin that for thoae people wanting a City Hall� that the entire cost would not tae levied. It was explained by City Attbrney Smith if a pere'on voted "yes" on both queetione of the ballot it would be enabling authority for the City Council to have and they wouldn't necessarily have to pledge liquar etore revenue and general obligation bonde. The City Manager etated they would have a cheaper bond if it vere backed up by te,x levies and it could be done with'the proper percenta$e. Councilman Wright suggested putting the liquor question on the ballot �'or the November election or on the city primary seperately. Mayor Nee raised the question regarding the ballot if he just wanted ta vote for the City Hall and didn't care whether it was a bond or a liquor iasue. City Attomey Smith replied he would ihen vote "yes" on the lst item of the bellot and he could vote or not vote on the second item� that the "yea" vote on the lst would enable the Council to sell a general obligation bond. The City Manager stated he feit that those people who wanted a City Hall would want to vote "yee" on both queations� that ii. would he cheaper in all reepects for all individual votera. Councilman Wright inquired if they could fairly tell the voters that the important thing was to vote "yes" on one item and it won't hurt anywe,y you vote on the second. Acting Chairman Sheridan asserted his thinl5in� was the same as Mayor Nee's� that the second question of liquor would be an iesue and with the figurea that they hope to have from the architedt and the assessed valuation it might be that the cost oY putting the building up and borrowing money was going to be a figure that would be for the �,��gge home �� owner very acceptable and it might be too much of an issue with the liquor question. Mayor Nee stated it was his opinion that if any argument about liquor revenues were to ensue, the vote would not go through. Councilman Kirkham stated he was in agreement with Council- man Sheridan. The City Manager explained what the bond buyers would like would be a ta�c levy. Mr. Whitmore, resident, stated that by txying to put the tao questiona on one ballot would oonPuse the people and they would vote "no" on both questions. Mayor Nee re- called that on the hospital ballot no one ever Qid seem to figure out what had b�en said and it was true that the liquor money could still be used to pay the bonds. The City Manager replied that legally they could not unless there were a vote of the people. Councilman Wright stated the liquor issue Would pass alone on any ballot once the first question were passed. It wae explained by the City Manager it would take at least three to six months to draw the plans for the new City Hall. Motion by Kirkham to adopt Resolution #149-1964 determining to issue bonde to provide money to construct a City Hall providin� for an election and directin� not3ce. Seconded by Wright. Upon a voice vote� there being no aays� the motion carried unanimously. Councilman Wright stated he wished to requeat that the members of the preae report the action without making an issue of same. RESOLUTION #150-1964 RECEIVING FINAL PLANS AND SPECIFICATIONS - W-34-5: Acting Chairman Sheridan announced a resolution for Council consideration receiving final plane and specifications for w_34_s. The City Manager inquired if the City Council would object to filling in a different date� that he would have an item being referred by the Board of Appeals and if they wished to meet on the 24th of August it would be a special meeting ior juet two items. The City Manager explained the resolutian� ae presented, that there is s need for the proposed fence for the local aituation and it should be fenced in for any situation whether the city is being vandalized or not� thst they were talking approximately $2700.00 and the amount would probably not exceed $3�000.00. Councilman Wright inquired if thi�.ience would rule out the Commona Park area and was told by City Engineer Qureshi it wae even emaller than what they had originally intended. City Engineer Qureshi explained the echool system had put in about $6�000.00 in Yencing around the schools. Councilman Wright etated the position he wiehed to take was that the City of Fridley provide sanitary facilities 3n the Commons area. The City Manager etated they were not properly protecting city property if they did not put up the fence� that in the laet few monthe they had just broken lights and this kind of thing in vandalism� but it could be very expensive. Councilman Sheridai�9nquired if they were Yencing th�� area they should then be fencing the big water tank. City Engineer Qureshi replied it wasn't the water tower� it wae the mschinery� etc.� they wished to protect. Motion by Wright to adopt Resolution #150-1964 receiving final plane and specisl epecifieations on W-34-S and ¢slling for bida inserting the date August 24� 1964. Seconded by Nee. Upon a voice voter there being no nays,, the motion carried unenimouely. OTf�R BU5INESS : The City Manager presented s report from the Police Chiei regarding police peraonnel changes and explained this wae primQrily a Civil Service Yunction with the exception of the Investigator's position. Acting Chsirman Sheridan inquired if the Police Department wished this memo received and noted. The City Manager replied thia would be satiefactory. Motion by Idee to concur with the recommendation of Police Chief McCarthy in the appointments of 0Yf3Agp'HOward Rick and Officer 83 F3ilbert Voi�t as S�rgeants, Officer Robert Cook ae 4nvestigator and James Sprun�nan as Officer. Seconded By Wri�ht, Upon a voice vote, tl�ere being no nays� the motion carried unanimously. The City Manager reported that Mr, LeRoy Ellerbe would bid �35•00 for equipment at Store #1 and Art Chrietenson would bid $100.00 for a compressor but etated they would get bida on these itema if the City Council so wished. Nlsyor Nee suggested the itema be held in abeyance for a period of time and call the persmns who put in the equipment � see if they wanted to repurchase, The City Manager expla3ned theCity Council had approved a few meetings previous the obtaining of an easement for the relocation of the Creek ditch on Ironton on the Chouinard property, that at the time they had thought Mrs. Chouinard would accept $200.00 for replating the property but ehe had now sa3d she wanted the City of Fridley to replat the property, fill the old ditch and file thep�dat which would coet about $467.00 in back taaces. It wa� further explained by the City Manager he had called Mra. Chouinard end did get involved with her attorney and she stated she felt $700.00 would be a fair settle- ment. I�e stated that on the phone because he had wanted to get an agreement aigned by Mre. Chouinard which would not waive any of her rights, he had said he would auggest to the Ctty Council they consider $500,00 caeh but had also etated he was aure the Council would want an appraieal and it would prevail. The City Manager asaerted he had had Mr. Schafer, appraiser, appraise the property and his appraieal said the prop�rty eatimated at about �325.00. The question was raised by the ity Manager if the City Council wanted to offer this amount or �ny other amount vr enter into condemnation� that they were working on an agreement but had agreed to negotiate with all expedience. The City Manager stated he did not feel Mrs. Chouinard would accept $325.00 but in con- demnation the city would have about $500.00 in court costa. City Attorney Smith asserted they would have $$00.00 in court coats plus $350.00 if they were succeesful. Motion by Nee to authorize the adminiatration to mffer $400.00 f6r the settlement of the ditch easement^bn Lot 1, Block 1� Chou�Lt�ard Terrace. Seconded by Wright. Upon a voice vote� there being no nays� the motion carried unanimously. City Attorney Smith reported to the City Council an article he had �een in Harper's magazlne regarding the City of St. Louia had_6een of much interest� that this city had actsomplished much by making eome major chenges in their bu3lding codee and thus making use of new materials� easier ways of doing things� etc. He explained this code had aome opposition from contractore and Yrom some crafts but St. Louis had reached a stopping point and people interested in building, when they got their report from their architects and coat elways running too high� were atopped from building. He further explained there was an estimate that perhaps eome 25'� could be cut by making use of new ideae and cutting out some of the hand work involved, that thie is a city building codedthat has been adopted and although there are national codes they still have epecial in- tereats thet were involved with them. C3ty Attorney Smith asaerted the thought had come to him that �ttn �/3's of the induatrial land in Fridley undeveloped and 3f thie code were adopted� there would Ue a major incentive for people building an induatrial plant to take Fridley ae their location and he had thought it might be wise to authorize the City Manager to write and purchase a copy �or examination. There was no action by the City Council. ADJOURN: There being no further business, Acting Chairmsn Sheridan declared the Special Regular Council Meeting of July 27, 1964 adjourned. Respectfully submitted� /L'vvwv"�" � � Sue Miskowic� Secretary William S. Nee, or