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10/19/1964 - 00022459W20 Mr. Johnsbn� who had requested a waiver of the�parking lot require- ments t.o bui].d a Sport Shop, requested the City Couneil diacuss further hi� problem� that they had gone ahead with their plans and made a loL of arr�ngements �nd were being held up by t�aving to return t,o the Poard of Appeals. He stated elther the City Council wanted this buildin� or they didn't, that he had ��pought a truck� made arrange- ment;s far a franchise� had had an architect draw plane and all of this had trancpired since the last council meetang. Mayor Nee replied tha answer a� far as he was concerned was he was going to vote againet the store. Councilman Wright asserted if this st,ore were compared with the previou� requesi, made this evening� he would be more in Pavor o� it. Mr. Johnson inquired zf the City Council knew that Mr. Erick LaVine was 1,o1d!by tlie fluilding Inspection that this was satiafaetory. Ma,yor Ne� replied the Euilding Inspector did not have juriadication over the matLer, that the E�oard of Appea�s should check the matter agait�, that tl�e,y had enforced this same idee on Mr. LaVine juat next door to the proposed building. ADJOURN• Therr-. being no Purther businese� Mayor Nee declared the Regular Councll meetin� of October 5, 1964 adjourned. , Respectfully submitted� �!-! ii��so�tC�i S e Miskocfic Secretary to the Council REGiJLAR COUNCIL MEETING� OCTOSER �.9� 196�F � William J. Ne Mayor � A regular meeting of the Council oi the City of Fridley wae called to order by Mayor Nee at d:18 P.M. ROIS, CALL: Membere Presen�: Nee� Kirkham� Sheridan� Wright Members Abaent: None APi'ROVAL OF MINUTES - REGiRJ1R b1BE'�.'ING� OCTOBER 5� 1964: � � r� Motion by Kirkham to approve the minutes oi the Regular Meeting of October 5� i964 ae prepered and received. Seconde,d,by Sheridan. Upon a voice vote� there being no nays� the mation carried ur�ni- mouely. . , � ��i PUBLIC AEARING: PUBLIC AEARING'ON IMPROyEMENT - SW #70: , Mayor Nge announaed a public hearing on 3mprovements Por Sewer and Water Froject �A explaining that part o� th3e project was initiated by virtue oY petitiol�e� that it we.s true in thie instance if the publio did not want theee imFmovementa� he was coniident the City Conncil would not move to put them in. It rras explained the purpose of the public hearin� wae to determ3ne the wiehea of the reeidente and determine what the coat was likely ta be. The City Manapter read the Notice oi' Hearing and atated there wae now a more exact eetimate;of tie total coet� that 3t had been $1+4,673.75 and the- adjuated',coat wss $39,922•50 aome $�F�700.00 lese tha� the origLnal cost publiahed, Ma.yor Nee e,xplained the original calculatione based on the $44,673,75 estimate would have been �5.77 per front foot for water and $6,27 ior sewex. The Finar{ce Director etated thie included an avernge connection aharge. It was explained the residenta could finanr_e this pro- ject. Mayor Nee annpunced the first item under consideration was Lincoln Streei� as.proposed Prom Ironton Street to Ely Street and inquired ii there were anyone present Zrl�o wiehed to be heard on thie part of the conetruction, There was no one preaent in favor of or in oppos3tion to the propoaed conetruction. Mayor Nee �nuounced the �ollowing item under consideration was 5�,h Street from Highway,#100 South to exiating utilitiea� involving Hamilton's Addition to Mechanlcav311e and,inquired if there were anyone present who wished to be heard on th�s part of tha conetruction. Mr. Roger �oath was present in favor oi the coastruction� also Mr, Mervin Berkhoif. Mayor' Nee explained the stat- utea require that in the absence of more than 50',$ of the petitioners� it would require iour�votea pf the City Cauncil. There was na one preseni, in opposition�to the,propoaed construction. Mayor Nee anaounced the item under consideration was Riverview Terrace from 63�'�I�2 Way to Mieaieeippi Place and inquired iP there were anyone from this area preeent who wiehed to be heard. The City Manager explained the road ali�ment in the area had been discuesed�d the residente were interested in the road and wovld like to have the water and sewer and he had felt since they were'putting thie program together� the people could hsve the services. Mr. Klingenemith o£ 6418 East River Road and Mr. Carlson of 6418 Easi R�.ver Road were preeent to have the project explained in more detail. Mr. Charles Breyley oi 6�+54 Eaet $iver Roa.d was preeent and etated all of the people had agreed to the propoeal conditioned on final street alignment approval providing the street alignment wae acceptable. There was no one preaent in opposition to the propoeed construction. � Mayor Nee announced the item under coneideration wae Stinsoi� Boulevard from Gardena South to South edge oP Lot �F�F Atiditor's Subdivision 9. The Ci y Manager explained,he had talke to t e joining commun y an would have figu�es on coeta of the water line on Stineon Boulevard ahortly� that there wou].d,be no way to get approval,or coneideration until a week from this n3ght. He e�lained he had asked for an unofficial comment if the City of Fridley asked ioT a setup ae Coiiambia Heighta had with Fridley on connections and was una ble to get thie for another week. Councilman Sheridan inquired if this area had beet�irequeeted by petition and was told this was correct but beeause of the un�ertainiy oY it they had Yelt i�� would aifect the bid axid exc7uded 3t before the l�ide were�let for the project. The question was raised by Mr. Harold Cohen� that in dealing with New Brighton, if their figures were - close he did not eee much point with hooking up tb New Brighton as they would then have to,deal. with New Brighton and not having any vote there, he would rather not'deal with them. He further stated if they wanted a reasonable figure for the connection they would accept their proposal. Other residents present irom the sres agreed. The�Qity Ma�ager explained this area could be added by a Change Order to the �coatre.et to be let and authority of the Cii,y Council, Mr. Comatock� consulting engineer� explained-to the City Council he had calculated �he project and it wae 5� less than the preliminary report estimate. The City Manager stated from the figures he had been quoted the residents might gain. The question was raised if the residents would be paying seperately Por their connection or if they would be included in the entire sewer and water project� that their iear was they would end up having to call aomebody in £or putting in a service'for just four houses. The City Manager ��� reaffirmed his statement that he would have the figures frbm New Brighton within a week iP the residents wiehed to enter into the contract mentioned� he was certain they could. Mr, Ha'rold Cohen, Mrs, Ralph Nieleqn and Mrs. Paye Fhlenfeldt were present to etate if the figurea were dloae� they would prefer to enter into the Fridley contract Yor aervices. A resident stated they lived on the end�of the road and inquired �f the water ses'vice wou]d go to the end of their lot. Mayor Nee replied;it would. it was explained by the resident they had an 80 foot lflt for sale and there was no aewer service to it� that they had paid Yor 3t snd it had nct been instal].ed. Mayor Nee explained the policy of the C3ty Council and stated it was the moat favoreble way for the Residenta�"that if this was a lo;� split o£ record 3t would have to be'checked attd if ' 3t were� they would have deaigned the service to the'far lot. The legal descript3on of the lot mentioned was Lot 44, The re�iden�t ex- ; plained they had gone through` the pracedures this paet sumQner and - had a 101, sp].it flnd h�d had the land surveyed. Mayor Nee stated it, � wae assu�a�xd if the project were to be constructed� the•conneetions' would go to the residenta end lot� but the one problem would be that they would not have the line looped end there might be an iron pro- blem, Mr, Comatock explained there might be a neceesity for e,ddition- al flushing on the line to reffiove the iron. The City Manager explain- ed this service would go to the South end of the residente"lot.� 'Mayor Nee stated it was asswned for purposes of the public hearing the re3idents were in"Yavor of the proposal unleas it appeared they could work out some agreement with New Brighton. The'City Manager expla3ned he would contact the reaidenta aftex he had been able to get f3gures from New Brighton and this item could be returned to the - C3ty Council floor. • • ' Mayor Nee announced the item for consideration wae Ironton Street from rast edge of Herwall Addit3on tb Fropoeed L3ncoln Street, that this project wos for sewer only on Ironton Street. He inquired � if there were anyone preaent who wished to be heard regerding the improvement, There was no one present in favor of or in apposition I to the proposed improvement. _ Mayor Nee declared the Public Hearing on Improvementa for T�ater and ) Sewer Project �70 closed, " BOARD OF APPEAIS MEETING MINi1'PES, OCTOBER 7, 1964: fIEAItING ON A REQUEST FOR A VARIANCE EAST �RFQUEST BY HUGO AEDMAN 5695 wESm t+�ooxE � vxxv� rroaz�a,sr�: Y Mayor Nee announcedxfor the consideration of the City Council a Te- quest for a variance on a front yard setback. The City Manager read to the City Council the recoa�ended approval of the Board of Appeals. , � Motion by Sheridan to concur with the reco�endation oi the Board of Appeals and grant the request for a,varianee from SAC'tion �F5.26� � City Code of Fridley� Minnesota� i963, by waiver of a Pront yard aetback requirement from 35 feet to 30 Peet to permit conetruetion of an attached garage on Lot-21� Slock 1� Donnay�s Lakeview Menor' Addit3on� Anoka County� Minnesota� same being 5695 Weat,Moore L�ke . Drive Northeast�requeat by Mra. Hugh Hedman� 5695 West Moore T,a.lce Drive � Noxtheast. Seconded by Wright, iSpon a voice vote� ther"being no nays� the motion carried unanimously. - �� SOiAi4iEAST CORNER = 5TH STREET ; du� Mayor Nee announced Yor the coneideration of the City Council continued publ3c hearing for a rezoning fram-R-1 to C-1 on the Southesst corner of 5th Street and Miesisaippi Street. Mayor Nee inquired if there were eny re'sident of the,area preaent thia evening who had not been heard at the last'meeting� that thie kras a proposalzto rezone a piece of the Riedel pro- perty Wh3ch abuts on Missiselppi arid 5th Street. There was no one present ,from.the area who wished to be heaxd. Mayox Nee inquired nf Dr. Richard 'Trezona� pet3,$ioner� if there was anything further he wiehed to introduce. Dr. Trezona etated he had talked to the doctora of Fridley thie morning and they wiehed.to go on record aa favoring thia change and would like to have th3s property ready �or a medical clinic when it is ready� that it was hie underatanding when the medical clin3c wae finiahed� it would be i�r,their name� that� at present�'he did own it, Nlayor Nee e�cplained if the item vere nOt.acted on at th3.a point� it could atay current and could be rezoned in the apan'of a month. 2'he City Manager asserted if the C3ty Council so wiehed �hey could pase the ord�.nance neceseary on first reading and could have the second reading at a futuxe date. Councilman Wright exple,ined to Dr. Trezona the Planning Co�ission was cneeting with the City Council and this was the reason for an additional delay. Mayor Nee inquired 3Y Dr. Trezona was avrare there was some conaideration being given Yor a nursing home in the same area. Dr. Trezona replied he had not been aware until th�Ee evening. The City Manager explained the nursing home planned would be on the Northeast corner oY .63�d and 5th Street. Mayor Nee expl,ained the meeting planned with the Planni.ng Commisaion was to be� s general discusaion on all iteme before them and h3s ieeling was they ehould develop aome plsn for the utilization of the entire area in question but th3s hearing eould efther be closed and the consideration oi the ordinance tabled and it would ste�r r_urrent in a valid pro- ceed3ng for some time or it coUld be read for the iirat time as an ordinance thie evening and not read until there was eomething committed or until the Planning Co�iasion resolved the total problem. Mr. Harvey Petereon� co-owner of th,e proposed property inquire3 if the Planning�Co�iasion would arri�re at somethin� conclusive. Mayor Nee replied the entire area would be discusaed and would be reluc- tant to say it would be concluaive. Dr. Trezona atated they were not in any hurry and were juet in the'planning stage. Mayor �Vee declared the public hearing on rezoning from R-1 to C-1 the South- east corner of 5th Street and Mieeiesippi Street closed. OF ORDINANC� REZONING SOUTI�AST CORN�R - 5TH AND MI5SISSIPPI Ma.yor Nee announced for the consideration of the City Council an ordinance rezoning the Southeast corner of 5th and Miseissippi Street.. The City Manager gave the first reading of the proposed ordinance. Motion by Wright to accept the first reading oi an ordinance to amend the City Code of the �ity of Fridley� Minnesota by making a chunge in zoning diatricte. Seconded by Sheridan. Councilman Sheridan inquired if there shouldn't be a dedication ior etreet purposes. , The City Manager replied this woul'd be a condition of the rezoning. Upon a ro31 ca�.l vote� those voting aye� Nee, Sheridan„ Kirkham� Wright, Thoae voting nay� none. The,motion carried unanimotz"s3y. PLAI3NII3G CON47ISSION MEETING I+III3UTES, OCTOBER S, 1964: � ( A. PUBLIC HEARING: 'PROP0.SED PRELIMINARX PLAT, P.S. �G�+-15, ME iMANOR 3RD AHDITION, hIIIS}� HAF'N1�:R: PART OF Tf� NP 1 OF SEC�PION B. P[JBI,IC FIEARING: PROPOSED PRELII�LIIdAE{Y Fid1T, P.S, �64-16, MELODY . � � The'Ci'ty Me.nager read to the City Council,the reco�ended approval of the Pla.nning Co�iesion oY the two preliminary plats proposed and ex- plaQned the normal procedure� iY they wished� would be to concur that they approve8 the preliminary plats'and order the public }�earing and �u� because the cubdivider is out of �own-moat of the time the publie hearing notice for the final plat wae published so it would come up at the eame time. The final plats for the proposed areas-waa preaente8 for reView to the City Council. Mr. Mike HaPner� developer� was preeent. City Engipeer'Qureshi stated his department wished to study 'the dra3nage in the �a and inquired of Mr, Hafner if he were going to be conatructing the �treete himsel,f. Mr. Hafnex replied he would have the streets constructed according`to �he city�a plans and specificatione. The City Ma,nager explained the first action of the C3ty Council would be to approve the preliminary platg.' ' Motion by Wright to concur with the reco�endation of the PSanning Commiasion - and �pprove the Preliminar,y Plat� P,8, #64..15� Melody Manor rd AdditiOn� part af the NE 1�4 of Section 11 and Preliminary Plat� P.S, �64-1s� Melody Manor 1Eth Addition� part of the NE l�ik oP Section 11. by Mike Hafher and set the public hearing for same. Seconded by Sheridan. Upoh a volce vote� there being no nays� the motion carried unanimously. � PUBZTC III�;ARING ON FINAL PLATS - MELODY MANOR 3RD AND �iTH ADDITIONS:� Mayor Nee �nnounced a public hearing on the f3na1 plata'of M01ddy-Manor 3rd and 4th Addit3one, The City Mananger read the Notice oY-Hearfng on the proposed plats. Mayor Nee atated they had beYore them a hard,ahell of the plats for Melody Manor 3rd and 4th Additions and int�uired if there were anyone present who w3ehed to be heard regarding the proposed plate. There was no one present in opposition to the propoeed plats, Mr. Mike HsYnar� subdivider, was preaent in Yavor of the propoaeQ plats. The queation wae raised by a resident regarding the quality of homee and what price rahge these homes would be in thie new area. Mayor Nee replied they covld hot condition a plat on quality or price of homes� that they did have a statement Yrom the owner but it had no real enforcibility, He explai�ned,the homes plannecl were �ood qua.l3ty homea and wald be custom built homes. Cauncilman Wright asserted that most of the homes would be o� the same quality tha�G already existed in Melody Manor and according to Mr. Hafner would no� be quite as expens3ve, Mayor Nee Purther expla3ned they coul@ not segulate this but it was all consistent with the other homea 3n the area, Me.ynr Nee declared the public hearing on the final plats of Melody ManoT 3rd And 4th Additions closed, Motion by Wright to-approve the final plata of Melody Manor 3rd Addition� and Melody Manor �Fth Addition and authorize the Mayor 73nd City Mauager to si�n same; approval condit3oned on the dedication to the City oY Fridley oi Outlot Two of Melody Msnor 3rd Addition and the Westerly extenaion thereof of Melody Manor lst and 2nd Addition, Seconded by 5her3dan. Upon a voice vote� there b��ng no nays� the mot3on carried unanimousLy.. PUBLIC IIEARING ON P1NAL PLAT - ICiONTON INDUSTRIAL PRRK: - Mayor Nee announced a public hearing`on the iinal plat of Ironton Industrial Park, The�City Manager read the Notice oi Hearitig and explained the prelim- inary plat was accepted on Jul,y 13� i964. Mayor Nee inqvised di there were anyone present intereated in this propos�d industrial plat. ��Mr. Schroeder of the area-inquired if any consideration had been.given �Do any-traffyc from this development and if there were any coneideration of any reatrictiona on the propexty. Mayor Nee repl3ed he dqubted if any coneider&tion had been given to these problema. A discussion period followed regasding streets� tyge oi streets� aecese� tru�k routea� etc. Mayror Nee agreed something would have to be done about these problema and Mr, Schroeder was correct. Mr. Schroeder also inquired if the plan followed any kind of a master plan Yor the area west of the trt��ks� wk�ere &incoln Avenue would go e.nd how it,,would afPept the overall traffic pattern� that thia ia a highly intensiPieB residen�ial area and the residents were concerned about an e�iating condttion which was bein� carried out at the preaeut t3me. He stated there wae,nothl�Jg,to precliade this probiem from being increased. The City Manager explained the Plats and Sub- divisions Co�niL-tee he.d apent a great deal of time on the,proposed,preliminary plat. City Engineer Quresh3 explained the general area ior the Ci,ty Council. Counci]man 5heridan inquired of Mr. Schroeder if he felt there should be a truck route and Mr. Schroeder replied there should be one but some conaideration GL� should also be given to a master plan for the area� that one o? the concerns of the res3dente wa.s that adjacent and West of the �uYfer etrip was resldential property abutting this plat and there'had been no plan at`all ior this area, Mr. Schroeder inquired if there were any,legislstion regesding upkeep, etc,� of the property� th�,t there were eome violaters in the area at the present time and any acceptance of R-1 to Light industrial zoning at the present tir@ was unrealistic. Th� City Manager explained the zoning wae dlready there. Mr. Schroeder inquired3P the zoning plat was such that it couldn't .be altered _ for something better, The City Manager replied not unless the owner wanted it to be changed. Mr. Schroeder aseerted this should all be given serious thought� elap,the �act there wauld be enough land so that a buffer strip could be adequate, Msyor Nee replied these iacta were not before them but ielt Mr. Schroeder's remarka were germa.ne,to the total problem and the City ww�uld ha.ve to do eomethin� about it even though this might not be in relation to the plat in question� that ii an owner petitione for a plat approval and it meets certain criteiia apelled out in the ordinance the City Council would� no doubt� have to approve the plat. Mayor Nee iaquired if Mr. Schroeder felt there was something that could solve the problem� that Mr. Schroeder was correct in stating the City would have to get the truck access solved a�,d it is proposed to exit on Ironton or Lincoln Streets at the present time, Mr. 5chroedex state$ he felt it was the city's responsib"ility to melce sure one piece of property connecte properly to another and this area �aas unetable. Mayor Nee replied he felt if an 3ndustrial road were to be built� the indyptrial owners wovld use it. City Engineer Qureshi e�cplained the road plan t�o the City Council. Mayor Nee inquired if there were anyone else to 6e heerd on the final plat of Ironton Industrial Park. There was no one preeent who wiahed to be heard. Mayor Nee declared the Public Hearing on the Final Plat oi Iror�tan,Industrial Park closed. Motion by Wright to e.pprove the iinal plat of Ironton Industrial Park as submitted and suthorize the Mayor; and City Manager to�sigri same. Seconded by Kirkktam. Upon a vqice,vote� there being no naye� the motion carried unan- mously. OLD BUSINESS: None , NEW BUSII�SS: xESOLVmzorr #227-i964 oxnEaarc n�xo�r�rrr - sw #70: Mayor Nee announced Yor the consideration of the C3ty Council a resolution ordering the improvement for Water and Sewer Project #70 and explained at the public heering two parta of it were conditioned on resolving administrative problems on the etreet alignment and the other on ne,gotiations with New Brighton. The City Manager augggete$ it would tie appropriate to entertain the reaolution and the exceptione could be entered at such'time as the exceptiona would be known. Mayor Nee inquired if it wae etill the practice that the City have an easement beiore they enter into a contrsct. The City Man�ger replied they did lilce,to do this but this was an attempt to eccommodate everyone in the asea. Councilman Wright inquired ii the location of the easement in question for putting in aeWer and water could be accomplished. The City Ma�r replied he was not certain� that there was a problem of cross- ing prop�rty and they,might have to�condemn and this would take time. City Attorney Smith adv'ised the City Council it would be be��er to complete the resolutions as they were presented, Mayor Nee inquired if they could authorize the reeolution snd not enter into the contract until they were in the proper position to dp sp. The City Manager replied that eome of the project could -- be cleleted by Chang� Order but they did not have to approve the contract or execute it.for,thirty de.ye� that`the City Attorne�y felt they ehould authorize the resolution ae it,wae presented and if there were'eny problem that might erise by the next meeting they could,enter the problem in es an exception. Motion by Wrlght to adopt Reeolution �227-196�+ orderin� Impravement for Water and Sewer Pro�et #70, Seconded by Sheridan. Upon a roll call vote, those voting aye� Nee� Wright� Sheridan� Kirkham. Those voting nay� none, The motion carried unanimouely. � o 2�6 IlIDS (OPENED P100N� OCTOBER 19, i964), SW �70: I�fayor Nee announced for the consideration of the City Council the bide for Sani�.ary Sewer and Water Project No.�70 opened this day. lhe City Manager stated the bids� ae received� were opened at noon�by h3mself and stteated to by City Engineer Rureshi� Consulting Engineer Comstock� and•Eng3neering " Aesistant Clark and all of the biddera had aurety bonds. The City Msnager read aloud the fol�owing bd•de: � - PLANiiOLDER BID SEQURTTY LUMP SUM BID COMPLETIpN TIME Johnson Bros. Flighway & Heavy Traveler's ` � Constructora Indem. P.O. 1002 5� $29�%7�,00 �s Specified Litchfield� Minn. Darbarosaa F� �one� Inc. St. Paul Route �3 F & M Oeseo� Minn. 5� �33�162.60 50 Cal. Days F, D. Chapman Conat. Co. 2809 Alabama Avenue Mp1s.� Minn. 55416 iIorace Montgomesy 1230 Highway �100 Mpls� Minn. 55�+21 Moretinni Const. Co. 852 Westmihlster St. Paul� Minn. McDonald - I�uben & Aaso.� Inc. 211 North Pascal St. Paul� Minn. St. Paul F & M 5� • Ohio Faxmera 5� Seaboard Surety Co, 5� Seaboard Surety 5� Randall - I3erglin & Petrowske Trans. &�Rose � lnnerica 6801 Plaza Curve 5� Mpls� Minn. 551�21 Hurley Const, Co. �+9 Signal Iiills West St. Paul, Minn. Sandstrom & Hafner 7�+9 Forest Dale R�,; New Brighton� Minn. Travelers Indem. � �. Travelere Indem. 5� $29,397.50 $7+1�138.80 • $34,io5.00 $3�+,i15.00 $38,655.40 $52,578.� $39,000.00 200 Cal. Days � � Aa Specif3ed � As Speciiied . � As Specified As Specified 225 Cal. Days � A� Specified� NIinn. Kota Excavating� Inc, Continenta} 6332 Lakeland Ave. North •Ins. Co. Mpls.� Minnesota 5� $32,7�5.$0 g0 Ca1. Days � - , t �, The City Manager stated there was a letter of recommendat3on'Yrom'the consulting engineerin� firm which stated they had examined the bids and gave the low bidders reco�endiL� �he��nc�rest bid oi F. D. Chapmany Conatruction Compeny� 280q Alabama Avenue� Minneapolis� Minneaota in the amount a� $29,397.50. �ouncilman Wright inqu3red of'Mr."Cometock� conaulting engineer� regarding the diecrepanciee and completion dates and stated it seemed to him that F. D. Che.pman Conetructiort Company completion tiroe� as 13ated� seemed like a large contractor who was putting in miscellaneoue work anfl doing it as he eaw Yit. 'Mr. Cometock' replied the completion time� as stated��was considerably more than 200 calendar days and some contractors were evidecrtly cbnatderi{�g doiag some winter work which would not be coneidered k�y the citq e,nd this completion date was prior to June 15th and it doea requtre �the contractor do certain areas before this. Mr. Cometock asserted he wiahed to br3ng one item to the attention o£ the City Council� that the wark that they were contemplat�ng thie n3ght which has an administrative restriction is one of the items in the contract and amounte to approxi- � ,.y, ri mately 31�i oY^the work and until thia 3s cleared �he City Council could and should table the bid; that the ques�ion ae to whether th� contrQetor would want to accept it ae such with 31� deleted wovld be a question and the matter should be s�ttled. Mayor Nee suggestedlf`the City Council could releaae ell bid bonde with the�exception of the two low bids. Motion by Wright to receive the bids for Sanitary Sewer and Water Project No. 70 and releaee all bid bonda with the esception of F. D. Chapman Con- __ etruction Company� 2809 Alabama Avenue� Minneapolie� Minneaota and Johnson Bros.� Highw@y& Heavy Conetructore� P, 0. 1002� LitchYield� Minnesota. Seconded by�Sheridsn. Upon a voice vote� there being no nays� the motion carried unanimously. Motion by Kixkhe,m to table the conaideration of 2twarding the bid for Sanitary Sewer and Water Project No, 70 to the next regular roeetin�. " c Counci]maa Wrigh� inquired if the motion could contain that the City Menager wovld repoTt on the contingencies involved in the Riverview Terrace Exteneion. Motion by Kirkham to table the conaideration of awarding the bid for Sanitarty Sewer and Water Project No. 70 to.the next regular meeting and instr,uict the City Manager to report on the contingencies involved in the Riverview Terrace Extension. Seconded by Wright. Upon a voice vote� there being no naye� the motion carried nnanimoualy. PIANPTING'COMMISSION MEETING A�NiTl'ES� OCTOBER 8, 1964: -- - � Mayor Nee an7lounced Yor the consideration oi the City Council a lot �- eplit request by El.mera A.�Prieditis, The City Manager read to the i City Council the reco�nded approval ot the Planning,Co�iesion. � Councilman'Sheridan inquired ii they were lacking khe 30 foot dedication of Benjsmin Street, City Engineer Qureahi replied they did have the dedication. Motionr,}ay Sheridan to concur with the recommendation of the Planning Coumiisaion regarding tHe lot split requeat and grant eame to Llmars A. Prieditis� L. S. #Gk-21; the North 150 ieet of the West 217 feet of Lot 8� Auditor�s Subdiv3sion #92 eubject to road easement, Seconded by ICirkham. Upon a voice vote� there being no nays� the motion cnrried unanimously. • PROP(k."ED FIEtESIL1E DRIVE ALIGNMENT The City Manager read to the City Council the recou�ended approval of the P].a,nning Coaudifleion and their concurrence with the Stree�e and Utilities Sub-Co�ittee. It was exp7.ained,this wae done so the City Council could authorize acceptance of two deede that had been pre- sented to the city ��ior t�he North portion of the City by Peter Brook� owner oP the rest of it and he had esid he,would dedicate thie. Council.man 3heridan explained Mr. Brook had said he had a reason for holding his deeds at the moment but this would atart the work. - The City Engineer explained the right-of-ways so that if at any time there wae a need for improvement they would have the necessary land. City Engineer (�ureehi atated that 3n the future the City ehould try to get better right-oP-ways. It wae explained by the City Manager the @dge of the'right-qf-way could be paved and they could still get s 140 ioot,street and with 73rd Avenue so near� this ahould be eatieYactory and the Plann3ng Co�ission had felt this wes eatisiactory. Motion by Wright to concur with the recoamiendation of the Planning Co�isaion and ;,approve the proposed Fireaide Drive alignment between ��� Highway �/65 and Central Avenue a� presented. Secon�ed by Kirkham. IIpon a voice vote� there being no nays� the motion carried unanimously, The L"ity Man��er presented to the City Council the deede for the Nori,h 1�2 oF the proposed s�reet and•iecommended they be accepted. Motion by Kirkham to accept the deeds Por the North 1�2 of Fireaide Drive. Seconded by Wright. Upon a voice vote� there being no nays� the motion curried unanimously. AVENUE (MSAS #310) AND FAVRE GASOLINE �he City Manager eacplained to the City Covncil that for some time there had been a problem for the designated B3rd Avenue and where it comes out on East Iiiver Road; that further� the filling atat3on operator wished to add i,o hie station and since there had be�n a problem oPi roads he had never been able to get'anynne �rnt thP Planning Commi�se3on of Coon Rapids to meet on thls item. He explained that Coon Rapids� would not want the entire road on their side but there wae a popaibi- lity they wou.ld eplit the road. It'wae PUrtherrexpleined the qUestion arose at this end as to whether or not to have this addition on the fi113ng station wh3ch would make the accees on East River Road more expensive so the.motion of the Planning Co�issipn had been"to concur, and recormnend that the necessary stepe to establiah the alignment of 83rd Avent�e and get state aid approval so the City could be reimburaed� i,hat they were not saying the city would necessarily have to do that . but until the approval oi the propoaed right-of-Way was purchased 6y the city they could be re3mbursed. The Citg-Manager,ata�ed this wss not 3n the forseable future un'less there ia development`that would' necessitata it, The owner of the filling etat3on had estime.ted their improvement would cost approximately $10�000, The City Manager explained the C3ty Council might not be coneidering any progreas on this aren unLll 1970� but since thera was the posei'6111'ty there mi$ht not be a soad there, they might chauge it and not do 83rd Avenue the � way 3t �s shown on the map and might conaider the Pact they might �� acquire.something now andcnuld never vae 3t. It was augg�ested by -- the City Manager the City Council consider the possibility offi *letting the filling otation owner continue and they might have to purchase more structural building than they had intended in Pive�-or ten yeare. City En�ineer Qureshi etated the land 3n Coon Rapida ia all open land across Prom the filling atation� that perhape a�'ter'fiv� c�r,aix y�ese , they could put the road in and m3ght be a$le to buy the"l.snd in Ctoon Rapids. City Attorney Smith etated the City oY Fridley would havB' to own the road way in order to have a state sid road. The Gitq MetYagex euggested the City Council could permit the building permit and it wouldibe returned to them again through the Suilding Board and they could juet say theq were nat interested in eatabl�shing the alighment at thie time. Motion by Wright that the City Council note tha action of the Planning � Co�ission with regard to the ali�ment on 83rd Avenue and plan no Qction at this time. Seconded by Kirkham.� Upon a voice vote� there 'being no nays� the motion carried unanimous�y. . - SUILDING BOl�2D MEETING MINVPES, OCTOBPR 1�F, z96�: Mayor Nee announced for the oonaider�ion of the City Council the minutes of ihe Huildin� Board held October 1.�+� 1964• COIQS]7)ERATII�N OF AN APPLICATION FOR A BUILDING PERMTT BY RONALD PARTZEK I `Phe Cii,y Manaqer read to the City Council the recommended approval of the Building Board and stated the people in the surround3ng area were notified� that; NLr. Colony was present to explain and show pictures iY-,it were necessary. Councilman Wright stated he wished to withdraw hie objections in light of additional �ction by the Building Board. � � �' Nfotion by Wright to concur with the recovunendstion of the Building Board e�nd grant the,building permit by Ronal.d Parizek ior a aelf service car wash e�t 6460 Univereity Avenue Northesat on part of Lot ].� uylvan Hills Plat �k5� the etructure to be 77 feet 9 inehes by 27 feet 8 inches of plastic r_oated eteel"at an eetimated coet oY $24�000.00 under the conditions and stip- �ulationa preeented that the entire eree, not occupied by the building 6e 'blacktopped.. Seconded by Kirkham. Mayor Nee inquired if the ares could be I draiaed; �Mr. Comstock� consulting engineer� xeplied he had not checked the matter. Upqn a voice vote� there being no nays� the motian carxied unani- I� mously. � � � � � �- The City Mansger read tQ the City Council the reco�nended approval of the Building BaBrd and presented the plans and certificate oY survey to the Council for reviert He explained there we,s to be parking to the rear and a planting etrip wi�h access on both ends, that the Building Inepector hadn't seen�tfie plana and did not know iY they met the code requirements. Cowicilman SJr3ght inquired what would be going 3n the building, Mr, Leo Cav3n� owner�'replied a dairq store and the Veteran's Club would have a meeting place ia the back with a hall at the front. Mr. V. M. Nagel� reaident� wsa pTesent to question the parking area� blacktopping� drainage, etc, . , Motion by Wright �hat the City Council.concur with the recammexidation oP the Building Board and grant a bullding permit Yor an add3tion to a co�ercial building at 1040-1044 4aborna Road Northeast on Lots 2 and 3� Block 1� Lemperts Addition� the building to be 91 by 100 feet of i'rame snd block construction a� e,n ea�imeted cost of $30�000.00 ae per the plan submitted with the Yol].owing conditiona: that a p]:anting strip as a�reed upon be insta7.].ed in f2�ont} that �he entire area in front and back pot occupied by the build3ag be blacktopped� that a rear exit be obtained, constructed and used to ths parking lot� that dra3nage prav3eions for the front an@ rear i parking lo� be ma,de ae an obligation oi the Uuilder and owner and satisfactory to the City to be conetzucted �y the building and�or owner. Second�d by Sheridan. Upon'a voice vote� there being no nays� the motion carried unanimsoialy. The City Nfanager read to the City Council the action and recommended approva.7. of the BuilBing Board,� Mr. Eggen of St, Philips Church was present to answer queatione and explainu:'the plans, Maya��Nee inquired if the buildings were'on the water courae and was told they were �11 to lae Uuilt on solid grovnd.' The City Manager explsined the church was proposing to take care oP the dYaina.ge with the poesibility of being reimbursed by the City. r -� Motion by Kixkhem that the City Council concur with the Duilding Baard and grant the approval for a building permit by St. Philipe Lutheran Chureh locsted at 1050 West Mooxe I,ake Drive Northeast. Seconded by Sheridan. Upon a voice vote� there being no nays� the motion carried f unanimously.% There was a diacueaion period regarding the continuation. I of West Mpore'Lake Drive� drainage in the areae� petitione needed and � type of streeta in the area. Mr, Eggen inquired if the City Council had any idea ss to when this wou13 be improved. Ma.yor Nee replied it could poss3ialy be dot�e late the iollowing summer. u ;� (l The City Manager read to the City Council the reco�endation of the Suilding Soard granting approval ai the proposed remodeling. Mr. Chet Herringer and IKx. Jerry Herringer were preeent to explain the proposed plans, Councilman Wright inquired ii they planned to cont3nu� the running of both screens at the'ir drive-in thea�er. Mr, Chet F3erringer replied they did plan on do3ng so as soon s� the highwsy construction was finiehed� that if this,hi�hw�r would have been here three year� ago Fridley would.have had a Ahopping center like Apache Center, . , I Motion by Sheridan to concur with the recouunendation of the Building I Board and grant the build3ng permit by 100 Twin Ine.� Yor remodeling —� of the Drive-In Snack Bar at �y600 Central Avenue Northeast -�8 by 52 feet� block conetruction with an estimated coet oi $15�000.00. �'he C�ty Mana�er expla3ned to the City Council thia item had been ' laid over because the Building Board members wished to Imow they City's intentions relative td the aez�vice road and whether or not tl�e 1and. upon which the structure presently was located would be acquired by' the C3ty for seiid aervice road, It was explained the service ro�d runs i'xom Viron� Ine. to the end oY their pxoperty, The setbacka in _ the area were e�rlained by the C3ty Manager who stated this wae a s3milar situation i,o that of the D,"q, Haretad Company. City Engineer Qureshi informed the members of the City Council this wae the land in which the owners wani.ed to put in a iilling etatian and with a service road they would have had to move 6ack and now the owuer wante a right- of-way, It was suggeated by.the<City Manager if the mattex were laid ovex to the next xegulas meeting� they could get more 3nformation on the aituation. I . Motion by Wright that, the City Council take note of the application - by Bernard Julkowski to remodel a reaidence at 7315 Aighway #65 on Lot li Block 2a Centralview Manor Addition� said remodeling to convert the residential ctructure into an oifice huilding and indicate 3�e intention to conatruct a service road in the item mentioned and�defer the remodeling building permit requested by Mr, Julkowaki until there was a study of the requirements ior the sexvice road. Mayor Nee in- qu3red 3f they could deny a building perm3t for�remadeling.';Caunc�l- man Wright stated this waB not before them. Mayor Nee,asseTted the ordiauce doesn't authorize the Building Board to coneider theieervice road� i,hat the queation before them was whether or not that bu3lding was compatible esthetically with the aurroundings. The City Mane,ger agreed with Mayor Nee in his interpretation and stated the Suilding Board had chosen not to act on the item. Councilman Wright stated � his motion was a statement of intentlon for the futu3�e develnpment of the area and when it was resolved it would be retvrned to the cou��i1 floor, Seconded by 3heridan. Upon a voice aoter there being no nay,s� the motion carried unanimously, NORTH SjIBUIiBAN HOSPITAL DISTRICT HDSPITAL PI,AlVS: � r' � i The City Manager presented to the City Council the plana snd specifi- , catiqn� iox the proposed hospital� stating the qnly conaideration'6y the Buildin� Board was the esthetics. A discuseion was held regarding �i � serv'ice roads� accesa� delivery route, etc. The City Manager,e�cplained � � if the City Council wished to approve the esthetics� they cauld direct i that the plan� and specifications for the hospital be reierred to the i Planning Commisaion. I - �_ L ��� Motion by Wright to concur with the recommendation of the Building Board and approve the esthetic grounds and plans fDr the proposed North S�burban Hospital Distric� and re£er the matter ta the Planning Cot�tission for study of related considerations� includin� �raific pattern and site plan. Seconded by Kirkham. Upon a voice vote� there being no nays� the motion carried unanimously. BOARD OF APPEAIdS MEETING MINUTES, OCTOBER 15z lyb4; , � Mayor Nee announced for the consideration of the City �ouncil the receipt of the minutes o£ the Board of Appeals of Octaber 15� 19(�4. Motaon by Wright to rece2ve and file the minutes o£ the Board of Appeals Meeting of October 15� 1964. Seconded by Kirkham. Upon a voice vote� there being no naysy the motion carried unanimously. SAFETY COt�SITfi'EE MEETING MINUTE5� OCTOBER 7, Zg6�+: Mayor Nee announeed for the consideration of the City Council the receipt o£ the minutes of the Safe�y Committee Meeting held October 7, 1964. Councilman K3rkham stated he had attended the meeting at the request oi the corraaittee and felt if there was anybhing at all ihat was bothering the members� it was a feeling that the City Council did not appreciate ihem and this could be rectified hy racognizing their notices rather than just re- ceiving them and acknowl.edge their recoummendations. Mayor Nee asserted in the minutes before �hem the Committee did ask ior action with reference �Eo the Fedexal Gas Station on East River Road, The City Manager replied that he did not know what post installation the members had in mind with regard to this station but wo�ld earry out the request, Councilman Kirkham expla3ned Cormnissioner 4'Bannon ai Anoka County was at the meeting and indicated he could be of some help on the mat�es. � Mayor Nee stated that regarding the Designware Tndustries disposal problem� of e�fluent the City should come to some determination. 'I"he City Manager replied he had been unable to contact Mr, Hensleyr Health Inspector� but intended to have the matter followed through� tnat there had been quite a loit oi' plumb3ng revision necessary and they had done some of i�. Motion by Wright to receive the minutes o£ the Safety Committee Meet- ing held October 'j� 1964. Seconded by Sheridan, Upon a voice vote� there being no nays� tiae motion carried unanimously. RECREATION C�MI�ffSSION MEETING MINUTES� SEPPEMBER 29, 196�+: Mayor Nee announced for the consideration of the City Cauncil the minutes of the Recreation Co�iss3on of September 29� 1964. Council- man Wright stated he wished to report xni'ormalZy that the Fridley Youth Center was now or would be incorporated under Minnesota Law and wexe empowered to deal and act zn legal relationships �ith the City and hope to be able Co do so an the interests of developing iheir program. Motion by Sheridan to receive the minutes of the Recreation Co�ission held September 29� 1964. Seconded by Wright. Upon a voice vote, there being na nays� the moiion carried unanimously, � COMMt�IICATIONS: HALPERN: CHANGE TO vIftON ROAD: Mayor Nee annaunced �or the consideration oi the City Cauncil a communication from Mr, Charles H. Halpern� attorney at law� xepre- senting Edison Industries,, change oY street address. The City Manager read to the City Council the letter received. City Attarney S�1ith stated Mr. Halpern had sent him a copy but hadn*t responded to them as yet. Mr. Darrell Hyle� representing Vironl Tnc,y was present and requested to speak. He state@ he didn't know i£ the people present Were familiar with Viron� that Mr. Halpern's letter was substantial in ,6,.-� C� 6� point but felt the C3ty oi' Fra,dley should consider the3r stature in the couununity� that the decision wa.s made to move ;to Fn7 dl�y and ik�eg, ,_ had requested to and did build a plant and the road was open to be named z,nd they had made a, formal request to have this namefl Viron Road. He further stated this req�est was passeci and sdopted and they were notified by mail the address had changed and basetl on the letter irom Mr, JensenJ Build3ng Inspector} had immediately upon receipt af this lettery 1et a thxee year supply of stationery reqw�rementsr that there had aLSO been from a cost standpoint the pub13c3ty� ete, It was eacplained their company hires over one hundred P,H.D.�s and , ma.ny people in the engineering field and their gross payroll tras over half a million dollars a year. Mr. Hy1e stated �here was a].ega1 question present� that they had gone through a formal procedure and had been notified in writing o£ the name change, Mr. Hyle further stated there was another question to be considered� and that was how this would affect them: that they had notified people of their-change of address and it had been accepted and people woul.d prohably wonder what ia going on in theCity of Fridley and if the City Counoil were to ohange the name there woul.d be tremendous implicatione. Mr. Hyle explained he ielt Viron Road wauld hel.p put Fridley on the map. He requested a copy of the letter submitted by Edison Industr3es and stated he did �rust the City Council was aware of the legal question 3nvolved� the cost element involved� the publicity question and the potential shipping and unrelated problems. Councilman Wright inquired ii' a service dr3ve v�ere named separately or according to the Highway. Mayor Nee replied he thought they might have made a mistake here. Councilman Wright reierred to Mr. Hy1e`s second point made and the same question referred to in Mr. Halpern's letter� that they could not have a vested interest in anything they halreferred to but stated he wss interested to know iY the City Council, had parted �`roon usual procedvre in naming a service roa@. The City Managax repl3ed Brookva.ew Drive was a service road� that some serv3ce Toads are and some are not named, It was suggested by the City Manager they might possibly dea.d-end Vi�ron Road and the balance pf the zoad could be , Highway �65, Councilman Sheridan stated these propert3es on the East side of Highway #�65 to Osborne Road had a Highway #65 address until a serv�ce road was put in and it was named� that he could unde�dtand and feel far the contents oi the letter presented an8 the businesses along this road cextain.ly should have been notified. Mr. Hyle stated tY�ey had also contacted the Post Off3ee Department re- garding the legality and the problem of mail del3very and were assured there would be no problem oi gettin� the mail_although they did warn him there might be a post office in Fridley. Mayor Nee inquired regarding the nature of Edison Industry business, City Attorney 9mith replied it was a trailer sales. Mr. Hy1e stated 3t might behoove the City Council to take a look at Edison Industrses� that there are some questions from an esthetic value the City Council should consider also. City Attorney Smith suggested to the C3ty Council if they were going to keep the name as it was� that the owner of �c�ison Industries should de so informed. Motion by Wright to receive the letter irom Mr. Charles H. Halpern regarding a change of street address and direct the City Attorney to reply to 7t and explain that the decision o£ the City Council is final. Secpnded by Sheridan. Upon a voice votrythexe be�.ng no nays� the motian carried unani.mously. , FIEE AEPARTMENT: (1) HILLTOP� (2) BURNING OF DIIAPIDATED STRUCTURES: � The City Manager explazned to the City Counoil that at the previous meeting he had been directed to report in thirty days, which would be the 2nd of PTovembery regard2n� the Hil.ltop Contract; that he had advised the Village of Hilltop of that fact and they had said they would be coming to the Council Meeting �o confer. �He further explained that unless the City-Council wished to consider the �100,00 iee for burning structures referred.to in the commun3catiott Prom the Fire Department� they covld just receive the letter. Motion by Wright to receive and file the co�unication from the Fxidley Fire Departin'ent. 5econded by Sheridan. Upon a voice vote� there being no naye� t1�e motion carried unanimously. F7EGLEEt; RESIGNATIONS: • Ma,yor Nee announced for the consideration of the City Council a letter from Mr. Donald E. Wegler. �ori imen�ionedrin theiletter,the I City Colmcil �hese Were two reeigna IMotion by Wright to receive the le�Cter'irom Donald E. Weglex, accept his resignation from bhe Fridley Board of Appeals and the Fr3dley Safety Committee and dlrect the,C'i�y Manager to write a letter a�v�oiceivote�• hereebeing oinays�thesmotion carried unanimously pon Motion by Sheridan to receive and file the letter irom the Board oi Appeals rela.tive to council vacancy. Seconded by K3rkham. Upon a voice Vote� there being no nays� the motion carried unanimously. WATER POLLU`PION CONTROL COMMISSION: PUBLIC iIEARING M$,Sror Neeiannounced for the conaideration oi the City Council a Notice of a�Public Hearing �rom the Water Pollution Control Couimieeion and atated 2}e wiehed to have a prepax'ed poaition on this item and conservatively'ask that Fridley be heard on thie providing we can �develop something meaxiingful. Ae further stated thie hearing was of extreme economic importance to the City� that it is nbTCalculated the difierence in coat Uetween the propoaed plan on Which i.his hear- ing is being held and that coet vereus the coet of a treatment plant would coet the co�unitiea in the North Suburban Sanitary Sewer Diatrict at least 12 million dol].are more than the treatment plant operation and this wae without the plant operation oost and,other proposals. He explained this report had been given to the Bo�rd of Trusteee a week ago and it aeoviding the triceiwasatheteameebutlit where they disposed sewage pr P did become material if the prise was different and Fridley should be prepared to esgue ebout it. Mr, Comstock� coneulting engineer� explained that under the Aschback Bill� the St. Pau1 Senitary Diatrict was apthorized to study a plan �ior the co�unit3ea in the metropol3tan area which could be served and�zts expeasion in the future; that� 3ncluded in this plan' was the eatire esea bf the North Suburban Sanitary SeWer District ae well es other areae to the South and West o3 Minneapolis and to the North of St. Paul. He i1u^ther e�cplained he had,received a report Yrom the North Suburban 5anitery Sewer Dietr3ct etaif which indicated the questione brought.up by Mayor IVee and we.s certain if Fridley were to examine it on their own� they would find other objectione and the plan does provide for a eplit servlce for Fridley and th�.s is contrary to the present agreement they had with the district and with Minn- eapolie.' Mr. Cometock asserted there were many other features if it were examined in detail. Mayor Nee atated that Pridley had received a notice and it did involve Fr3dley and inquired if the Water Pollution Control Co�is'sion had received information from this area in the Y3rat place or were they inviting �ridle$�.tp taetiiy and in- I quired of Mr. Cometock what�•.he felt� Fridley ahould do. Mr. Comstock repliefl the Co�ission ie required to notify all aifected parties I and co�fa�ities and was certain that at the hearang they would accept test3mony and a�a.temente £rom any of the municipalities� ipdustry or individuals.who would be intereated in making it. Mayor Nee etated the North Suburban Se.nitary Sewer Dietrict would malcs a comprahansl've statement end perhaps the�only thing Fridley need do ie iadicate'support oY the district's position. He further stated the extra cost of transporting the effluent incurred was not for the benefit oP Fr3dley and should be charged to Minneapolis and St. Paul and� as an actual ?act� by the formula implied� they would not pay any part of the expaneion; that the Water Pollution Commission had said they would have to transport at an extra cost of 12 million , ;;, � y , � �3� dollars and had not supported why, Ma,yor Nee asserted the distr3ct would malce i;his case but did not know if Fridley would.or should agree, Mr. Comstock explained that part of thia dec3aioq would help the actions af the district board� that they may des3re to have the cormnunities make their own presentation in situations where 3t ie difi'ereui Yrom the diatrict';, as a whole, Counci:lman Wright ingu3red if it might be a good idea for the City Council to endorae th3s action without hea.ring the-•position oi the North Suburban Sanitary Sewer Dlstrict. Mayor Nee suggested the admi 3atration could,develop a statement for the consideration of the �ity Council. �„' Motion by Wright to authorize administration to�develop a position -- etatement i'or the information of the Water Pollution Control " Commission a,t their hearing Nove�er 4� 1961+. Seconded by Kirkhatn, Upon a uoice vote� there being-no nays� the motion carried unanimously. YOLING: ASSPSSMENTSi Mayor Nee announced a communication from three reaidents regarding asseesments in Don' s 2nd Addition. The City r'ianager explained to -Lhe City Council it was possible some of the asaesamente were againet the property perhaps ev�,-, before Dan Anderson bought'the•1and� that the Platting Ordinance does not requ3re sasessmenta be paid when it ie platted and only says money be put in eacrow for aewer and water. ile further explained they had diecuesed thia when the general con- tractors; licenae was brought up for pon=Ai�dereon and held; that the '- City Attorney had had an opportun3ty to look into �his matter, It,was suggested the owners ask hia advice relativ�e to thie lettex and asaess- ments. A reaident atated they,had underetood that wrien they �ought this property� Mr. Anderaon had alfeady paid the city and had his own men hook up connections� that he had even.�given this residerit a letter tha.t the assessments on his property were paid for. The question�was raised ii property for a new home could be sold witl]OUt assessmertts being pa3d, ile was told this could be done. Mayor Nee inquiYed�iP I any of the three ownera preaent had hsd a title s�asch aad wae'told ; they d3d not, T$e Finance Director stated there were old'aseeesmenta against the property and there were some relatively'new a9sesameata put on a�ainst the property after it wae platted but none of the' assessmenta had, been paid hy the builder. It wae reafPirmed by the Finance Director that not a single lot that had assesements were paid old or new and �,71, oY them were canventional loana'because'there�were no special assesement searches, r R . Mr. Leo E. Sandoval stated he ha�l purchased the mod�l hbme end prior to his buying� the advextiaement Mr. Anderaon ran in the peper in- dicated all assesamenta wexe in and paid Sor'and it was his underetanding this was a misrepresentation. Mayor Nee replied the reaidenta'probably had cause of action aga3nst the contractor and inquired 3P they had been into the o£fice to eatiafy themselves it wasa proper b111. 'Mr. SandoV81 replied he had called in May and had rece3ved g breakdown as to what was still pending� that the figurea go back to i96o and as far ae 1962. Mayor Nee Buggested the residents could come into the ofiice and t�ave the Finance Director go through the records to ahow them how they are.kep� and establish that the contractor did possibly mislead them 3n selling the houaea, It was explained by the City Managex the �ity hsa no vtajr of knowing when a piece of property is sold� so they can't vTern aaybody there ie something sgainst it vnlesa"they ask for the information,ex�d 'the oaly way they could�prevent th3s would be to require apeciaT aseesements � be paid ixp prior to the isauance oP a building permit,and,'bu3lderp I would claim they cou].dn�t pay theae until they had built the house � and sold 3t. }Ie fur'cher explained it is a very difY3Cxlt problem for the city and basi�ca].ly evolves down to a struggle betwaett the ' purchaser and seller or how good a purchase agreement ie. City Attorney Smith asserted that there was perhapa 75'�u,oY the�properties that had aeseesmenta unpaid� that�me.ny are paid because L':H.A' flnd�V.A. loana require aesesamenta be pai`d but it � not unco�on but us,uel w3th con- ventionul loane they don`t pay much attention to th3s. He explained that he examined t3tles every dag and had a form title opinion that I al]. attorneyat,use and this form givea the language that the property is aubjeat to special assessmeut� i£ any� because on the title record the aseeeamenta do not particularly show except maybe fox the current year; that the only way asseeaments can be checked is at the`City Hall. He further explained the F�nance Director had atated they must have been conventional loans becauae no one asked for a special assesement search and it wa.s unYort�mste e.nd the residents might Rave a cause of acbion'againat the builder or againa� the realtors but it wss strict�ly a peraonal matter between the residents and the builder and realtor} that the City would produce evidence as to what the assessments were and that they did exiat a,t the time the advertlsement was published, A reaident stated he had called the City Hall because Mr. Anderson had said he was fightiag it out with the,City because he did pay for the asaeesments and had h3s own cr�w flo the work and had been assessed fox it; 'Clty Attorney Smith a'sserted there was a builder every three days in thie erea that takes money from someone and doesn't put it into the house he is building and some oi them do not do wha,t they say they ttre going to do. Mayor Nee explained the City Council had tried to deny Mr. Anderaon a licenee and he had challenged this and they were told the City didn't have the xight to deny it. Ci�ty Attorney Smith suggested to the residents preaent thet if they had an attorney ' handling this mst�er for a group oY neighbors and could get more doc��nts ff their attorney wanted the City to help by listing the assesamenta� etc. end why the City ehouldn't have revoked Mr, Anderson's license��he felt theCity Council would'do that and it might be help- Yul, It wg,s auggeated the reeidente bring an action with all of 'the people together. The Finance Director explained that on one street Mr. Andereon did put in his orom services and the asaesements in that area weren't near ag high as what hed been preaented this evenin�, VISITORS: ' Mayor Nee inquired if there were anyone present� not listed on the agenda� � who wiehed to be heard. There was no one preaent who requested to be � heasd, , CLAIId5: i� I Motion by Sheridan to apprave the payment of General Claims �35��+ thxough #3688. Seconded by Kirkham, Upon a voice vote� there being no naye� the motion carried unenimously, ' Motion by Wright to approve the paytnent of Liquor Claims �6773 through �6827. Seconded by Kirkham. Upon a voice vote� there lieing no nays� the motion carried unanimously. Motion by K#rkham to approve the payment of Yublic Utilities Claims #3655 through #3687. Seconded by Sheridan. Upon a voice vo1.e� there being no nays� the mot3on carried unanimously. ESTIMATES: 1�Jayor Nee announced for the considerat3on of the City Council the approval o�' eetimates as preaented. The City Manager explained �he total amount oi the eatimates was $100�603.21. Motion by Sheridan to approve the payment of the following estimates: Swaneon Excavating Company � Box 368 Hopkina� Minneeota Eat3mate �1+ - Storm Sewer Ii¢provement Project No. 5-A (FINAL) D. W, H3ckey and Co., Inc. 18�+1 Un3versity Avenue St. PauJ,� Mi,nneeota 5510lE Eatimate �3 - Water Improvement Project No, 34-M (PARTIAL) $ 26,o16,5i � 7,5�9.07 ,%d �J �l � � � , � f5 Hurley Construction Co. �+9 �ignal Hi11s St. Paul� Minnesota 55118 Rstimate ��2 - Sanitary Sewer and Water 7mprovement Project No. 67 and Storm Sewer Impxmvement £roject No, 68 (PARTSAL) P�trowske-Rosa 3613-53rd Place North Minneapoli�� Minnesota retimate �2 - Sanitary SeSVex� Storm Sewer and Water Improvement Prpject No, 69 (Pat3TiaL) Suburban Engineer3ngJ Inc. 6£37� H3ghway No. 65 Northeast Pridley� Minnesota j5�32 _ Sanitary Sewer� Storm Sewer and Water � Improvement Project No. 69 - Staking & Inspection Hennepiri Slacktopping Co.� Inc. P:o. IIox 2675 New F3rtghton� Minnesota Streets 1961+-1 Improvement Project Pstimate ��3 (PARTIAL) Comsi,ock & Davis� Inc. Consultin� �ngineera ] 41t6 County Road "J" Minne�poli�� Minnesot� 55�+32 Staking and Inapection: Estimate #5 - Storm Sewer Improvement Project No. 5-A �stimate #5 - Water Improvement Project No. 3�+-M " Estimate #3 - Water zmprovement Project No. 3�+-� I�stimate ��3 - Storm Sewer-improvement Project No. 68 �> Estimate �3 - S�.'nitary Sewer and Water' $ 32,3ii.67 � 23i138.40 �'�' 3�+0.00 $ $,353.10 $ 27.50 " $, 55.00 . $ ' 1Q.00 i - � $ , �±95.ao Improvement Froject No. 67 �$ 2,267.00 Seconded by Rirkham. Upon a voice vote� there bein� no nsys� the motion carried unanimously. ' LICENSr5: Mayor Nee announced for Council conaideration 13cense applications. The City Clerk called Council attention to the application for a license on soliciting by Ella E, Urtubees of 1335 ��le Avenue� Minneapolisl Minnesota and a report from Chief MoCarthy.y°� Motion Uy Wr3ght to approve the issuance oi theYfollowing ].icenaes: EXCAVATING Selt Line Piping Cocapany 5300 Hampshire North Minneapolis� Minnesots � by: Kenneth Welton RENEWAL t . —_I --� ,— I � �I I i � I,ICENSES: (cont.) HEA`�]NG � J'an's Home 5ervice 55�+6 Regie Drive � Fridley 21} Minneaote .. PLAS�RING ' Cavin's Plast'ering 6901 Hickory Drive N. E, Fridley'32� Minneaota by: Duane Jahn by: Leo Cavin P]FW R�N�WAL Seconded by Sheridan. Upon a voice vote� there being no neys� the motinn carried unan3moaely. Mayor �ee annovnce$ for the conaideration of the City Council a license for 'solicit3ng for photagraphy appointmenta by Hartke Studio. c Motion by Kirkham to deny the Po]lowing license: SOLICITING FOR P80TOGRAPHY APPOINTMENTS. Hartke �tudlo - formerly 2826 Bloomington Avenue South� Minneapolis� Minnesota. ' - now oY Ashby� Minnesota, Application °�made by: Ella E, Urtubees Fee: $10,00 Paid 1335'LaSalle Avenue MinneapQlis� Minnesota Seconded by Wright. Upon a voi�e votea there being no nays� the mot3on carz3ed unanimously. , Mayor Nee announced for the coneiderat3on of the City Council an application for an auctioneer's license. NTot3on by Wxight to approve the isauance of an Auctioneer'e Licenset applicat3op mede by Paul Perkina� with auction to be held at 144f3 Rice flreek Road. SecoY�ded by Kirkham. Upott°a voice vote� there being no nays� the motion'carried unanimously, � PETITIONS•' " ' The Clty Manager auggested to the C3ty Council the petition in question be reierred to'the Streets and Utilities Co�ission as it would be a question of sn alley� that this axea had been ordered to open the alley for accese to tha road and they did not want to, Motion by Sheridan to refer to the Streets and Utilit3es Coffinission Petition �1+0-1964 for study and recoffinendation. Seconded by Wrigiit. Upon a voice vot2� there be3ng no na.ys� the motion carried unanimously. APPOIlVTMENT : Mot3on by Wright to approve the following appointment; NAME " � ' POSITION Betty Jeanne Okeretrom � Utility 6720 Jackaon Street N. E. Btlling Frid7.ey� Minneeota 55�;32 Clerk m SALARY $30�.00 per month R�PI.ACES Catherine Loquai yle4 � 238 5econded by Sheridan. Upon a voice vote� there being no�nays� the motion carried unan3mously. `I`he City Manager state� the"City was los3n�; a person who had upgraded the operat3on of the Water Depart- ment tremendously, CONSIDERtaTSON OF ORDINANC� - SECTION 105.06: City At,torney Smith suggested the�City Council delete the words "or factual iriformation knowing that said iniormation ie" so,,that Section 105.06 would read: "Every peraon who gives or fura3ahes to the City of Pridley a falae or untrue statement to be relied upon in tl�e grant9n�; of a permit or license ahall be subject to the pe,�,ltiea provided for in th3s Chapter," The City Manager ga�e the first readin� of i:he proposed ordinance, ` Motion by Wright to accept�as first reading an�ordinance'providing that i,he i'urnishing of any false or untrue iniormation to the City oi Pridley for the purpos�, of receiving a license or permit shall pe a vaolat3on of the City ode oi the City of L'ridley., Seconded by ICirkham, Upon a voice vote� there bein� no nays� the motion carried unanimously. , CONSID3�RATSON OP ORDIN�iNCE AMENDING SECTION 78.21 (ALCOHOLIC BEVERAGES); . Mayor Nee announced for the consideration of the City Council an ordinance relating to the use of intoxicating liquor and non-intoxi- cating malt liquor in public parks in the City oi Fridley. The City' Managex gave the first reading of the propased ordina.nce. City Attorney Smith explained to the City Council he had dutiilally uaed the language from a committee report and �t-di� chsnge the language i;hey had that might have been broader� that th3e ord3nance merely refer� to consumin� liquor� it ddean't prevent poaseasing or carrying. Other items were explained by City ATtorney Smith that he felt would Uear correcting and inquired�if it was the-inten� tp Gover both 3ntoxicat,ing and non-intox3aating liquor'by lim3ting the applieability to only people who were consuming-it, Cvuncilmaxi I+irkham repiied it was the reco�endation that it be worded the same except that it ehould inc],ur3e beer. � Mot,ion by Sheridan �o retnrn the proposed ordinance to, the City Attorney �or reviaions. Seconded by Kirkham. Upoa a voice vpte,� there being no nays� the motion carried unanimoudtiy; CQN;II)RRl1TION OF ORI�INAPICE AMENDING SECTION 31.02 - FIRE:, �'he C3ty Manager gave the first reading of an ordinance regarding the appointment of a Fire Chief on a iull time basis. Motion by Sheridan to accept as first reading an ordinance pmending Chapter 1 of the Fridley City Code by providing ior the appointment of a Fire Chief on a full t3me basie and repealing tha,t,portfon of Section 31.02 of the City Code providing for the elect3,on of the Chief of the Fire Department. Seconded by Kirkham., Upon a voice wte� there being no nays� the motion carr3ed unanimously. RrSOi�ilTION #228-1964 SETTING F'�ES FOR LICENSES - DOGS: Mayor Nee announced for the consideration of the City Counc3l a resolution setting iees for the licenaing of dogs. Councilman Kirkham suggeated that the schedule of fees should be �3.00 in al1 in�tancea liated in the resolution� explainiag that,st,the time this ordinance had been discuased� they had made,i't clear they , didn't intend to have any difierence between the anima7.s. Councilman Wright suggeeted they should credit one year's feea to anyone whose dog is registered, Motion by Wright to adopt Resolution #228-196�+ providin� for a bi- ennial fee schedule ior dog re�istrat3on pursuant to Section 61.02 of tne Fridley City Code with the dollzu' amount of $3.00 ],3sted under items LiJ.r a� b� and c oi eaid resolution aad crediting feea of previous registrations in the amount of $3.00. Seconded by Kirkham, Upon a voice votea there being no iiays� the mot3on carried unanimously. Mayor Nee explained Por thoee preaent thie resolution set a license schedule for dog reg3stration. RE50LI1TION #229=196� PROVIDIIdG SALE OF GRANIILAR MATER7AL: IMayo'r Nee announced the �onsideration oY a resoSuEion providing for � the aele of granulai� materiel from Locke Park in th� City of Pridley. The City Mana.ger explained'to the City Counci2 the 18 cent figure ref�trred to in th� xesolut3on wea e recommended minimum because there wa8 only one pereon intereeted, Couttcilman Sheridsn stated he �e1t the ftgure could be no lese than 18 cente per yard, 'Phe City Ma.nager replied this was juet setting a minimum and the detdils could be worked out, Motion by Sheridan,to adopt Reaolution �229'�1964 pxoviding for ihe ea7.e of �anular material from Locke Park in the City of Fxidley. Seconded by KixkYiam: Upon a wice vote� there being no nays, the motion carried unanimonaly. `Councilman Shar3dan reported that he had this eveRing had a talk with one of the men in the Little League and had told :k�im not to consider th� uae of Locke Park for the 1965 season. RESOLUTIOi1� #230-1961+ DECI�ARSNG IICISTENCE OF A VACANCPs ; " � Mayor Nee announeed a letter and resblution ral.ating to the resigna- tion of Councilman Johanson. Motion by Wright tha,t the City Council accept the letter of resi�na- tion from Courici].man Glenn W. Johanson and direct the City Manager to prepare a letter of appreciation for his servicea to be eigaed by members of the City Council. Seconded by Sheridan. Upon a voice vote� there being no nays� the motion carried unanimously. Motion by Kirkham to adopt Resolution #230-7.964 decle,ring the exist- ence oi.a vacancy of the City Council of Pridley, Secdnded by Sheridan. Upon a voice vote� there being no nays� the motion carried unanimously. RESOLUTION #231-196�F CAANGTNG 53 1�2 COURT TO SKYWOOD COURT: Motion hy'Wright to adopt Reaolution �231-1964 renaming 53 1/2 Court to Skywood Court. Seconded by Sheridan, Upon a voice vote, there be3ng no nays� the motion carried unanimously, G FINAL PLt1NS AND SPECIFICATIONS, AND Mayor Nee e�ttlounced for the conaideration of the City Council a reeolution approving final plane snd specificstions and ordering advertisement for bide on"Water Improvement Project No. 31�-Q-2, The Ci'ty'Msnager explained;to the CYty Council this was the compZeti.on oP - the drift well wh3Ch they hsd previouslq suthorized. Councilman Wright inquixed ii the driit we11 was produ�ing. City Engineer Qureshi pre- aented a report and replied the we11 was producing and doing well. �Councilman Sheiridan inquired with the experience the C3ty Engineer had had over the paet 90 days if he cou].d order the neces�sary eguip- ment, City Engineex Qt�ehi replied he could and tests d;td show the well was doing very well. Motion by Kirkham to adop� Resolution #2�2-1964 appraving final pl�ns and specificationa and ordering advertisement ior bids - W-34.�d^2. Seconded by Sheridan. Mayor Nee inquired if the plans and speciPica- tions were Before the Ci�Y Covanci.l.� C�.tp* Eng3neer.Q,rare�hi ��ated he had the plane if the City Council wished to see them, Upon a voice vote� there being no nays� the motion carried unanimously. Zt�U Mayor Nee annaunced a resolution for Council consideratiof� ordering preliminary p7_ans and Apecifications for Street Improvement Project Si;. 196j-2, • Motion hy Wri�;ht to adopt Resoluti,on #233-196�+ ordexing preliminAry plans� specifications and estimatea of costs thereof; Street'Improve- ment I'roject St,. 1965-2, Seconded by Sheridan, Upon a voice votea there bein� no riays� the motion carried unan3mously. The City Mana��er exp]ained to i.he City Council th3s resolution wae sett3ng up the legal steps on the charts he had made up for them. RFSOLUTION ATiATTIVG CERTAIN SPECIAL ASSESSMENTS - PARCEL 12�F0: Mayor Nee announced a resolution for Council consideration abating certain special assessmentst and inquired if it were snyone's re- commendation the City Council should abate this asaeasment. The City Manage"r replied i� did ap,pear there was no benefit. It wae�'explained by the Pinance Director that� a't the present time� the_residenta ' could make another bu3lding site by coming a little'cloaer to the house then they want to but if they did not come close� they couldn't have a building eite and the property hadn�t been split. He further explained the Planning Coumiiasion and the owners couldn�t agree on the lot spli{„ City Attorney Smith auggested if the City Counqil were going to deny the abatement they should come to some conelueion as to how they could eplit the lot. The City Managex stated the lending a.genc,y for the owners had said no to the lot split requeated. City Attorney Smith asserted the City CouncYl should be able'to say they would assume the iot split on some basis. Counailman Sheridan suggested the City Council could juet deny the abatement. The City Manager stated he could then te11 the owne'rs the reaolution hsd been before the City Counc3l and they had chosen not to ,psae it. Mayur' Nee inquired if there weze a way to just let the matter wait for a period oi time. The F3nance Director stated �the o�tners had already paid one assecsment in £ul]. and the other assessment wae on their taxes each year, It was explained by the City Manager this we.s bsaed on their request at th'e last Council meeting to w3.th_draw theix lot split request and this was prepared and tlfey would have to be'advised on i:he Counc3l act3on of this resolution, IL was atated byP the rinance Director 3f the Counc3l chose to abate thie asaeeament� they would have to reflznd the ownera qome money. � Motion by Wright to instruct the City Manager to 3nform Mx. andlMra. W, A. Peterson that the City Council doea deny the request,tor the abating of certain special assessments� and state the'City Coixncil would still a.ct favorable on a lot split. Seconded by SYieridan. Upon a voice vote� there being no nays� the motion carried unaniarously. RGSOLUTION �234-1964 AUTfiORIZING S1DS FOR USED SWEEP�R:- Mayor Nee announced for the cons3deration of the City Council a re- solution authorizing bida for a used sweeper. Coun4ilman Sheridan' �i stated he felt �he City Counc3l ahovld bid for a new aweeper` rather than a used one, Councilman Wright inquired why the,aaministration , �; wished to purchase�a used aweeper. City Engineer Q''preshi r�glie3 it I was because they did not have�the money for a new eWeep@r. Council- I man Wright inqu3red if this were in 'the way of an expeT�atental project. _�, It wae explained by the City Manager he did not like to buy any used equipment but they could get the use from a uaed sweeper., Copncilman I Wright inquired if theCity Manager would propose more of theae ", � sweepers at a future date, The City Manager replied�they w0uld not j have more but would at least want a new date. Motion bg Wright to adopt Resolution �23�-1961+ autharizing bida for a used Street Sweeper. Seconded by Kirkham, Upon a vo3ce vote� the motion cearied with Counc3lman Sheridan opposed, ,, OTf�R BUSINESS: __ RESOLUTSON The City Manager etated he wished to present to the City Council the resolution discuseed previous tb the meeting which authorized Agree- ment No. $�+j27-wlth the Minneaota State Highway Department and authorizing the Mayor and City Manager to sign the agreement� that this designated two eeparate storm aewer systems. Councilmau Sheridea 3'nqu3red if they should also want the minutes to atate th� openinga. The C3ty Manager repl3ed this was true in the passing of the reeolution and they were going to get a letter from Mr. McCubrey oP the 3tate Highway Department and would the Council want to say they were xilling to g3ve up the 79th Avenue crosaover snd the highway department steted they would support such a proposal for future access, Motion by Sher3dan to adopt Resolu�3on #23�-1964 authoriziug , Agreementi#54327 and authorizing the Mayor and City Manager to execute. Seconded by Wright, Upon a voice vote� there being no nays� the motion carried unanimovsly, Ma.yor Nee stated,he Pelt the Sta'Ee Highway bfficials would return to the Fridley Council from Spring I.eke Park. The City Manager replied they would have to return to preeent a reaolution, The`C3ty Manager explained �o theCity Council City Engineer Qureshi hsd asked to have a repoxt passed to them. City �ngineer �,ureshi stated that�-basica]1y� last year the City Council had been,given reports on what they had done and wha� should be done. He explained they had�put in one well and 3t was working out we11 and the quality of the wa.ter wse eaYe� that in thie report they were tryin� to tell what they needed i�ediately to get them over next su�ner and also the need for two driit .wells a,nd an adddtional booster atation. FIe further explained they would be gutting in observation holee For study and these would cost about $200.00 to :�300,00 per ho1e� that they eould do this on their own but they wished the City Council to be aware of it ao that they could establish the location of futiare wells and come back to the City Council ior the two wells and booster etation. He ssserted if the City Coqncil wished� the third tliing in line wou7,d be an underground reserv�dir but that� st this stai.e, this is a Teport for CoUncil review and they wished �he City Council to be aterely aware they were putting in more holes for tlzture locations. Mayor Nee inquired �f City Engineer Qureshi wanted the reservmir where the plant was. City Engineer Qureshi replied he did depending on the Yunds ava3lsble� that they did ieel they needed three things; two wells� one booster atation� a reservoir and the fouxth item coul@ be iron removal for We11 �1. Tt wae explained by the City Manager from the t3me the City Council had received the orig3nal�, preliminary report there had been ,no followup reportr that he felt every aciion they took subaequently they should have a summarization such as this and there would be reaolutions� etc.� to follow thie report. City Engineer Qureeh3 etated Minneapolis also wanted to have some permanent agreement with Fridley. The City Managex expYained that what they would like was authorization to proceed with the two or three holes City Eng3neer Qureahi had mentione@. Councilman Wright stated City Engineer Qureahi ahould be co�en8ed on the report because i.he long range planning was exactly what they wanted, Coune3lman Wright atated he wished to inform the CityCouneil that he t�ad received iniox�nation from more than ane aource that there are certain groups o£ ind3viduals who are planning to interfere with the election� that he wanted to call this to tha e,ttention oP tY�e �., . � ���� City Council. He stated he had been informed theae groups are meeting and being �rained in varioua techniques auch as poll jaum�ing and thi� cansists oi getting the minority minded votere all to vote between 5 P.M, tv �i P,M.� to tske as much t3me sa�poseible� to nonFuse the election judges, to keep them from watch3ng the booth3, Councilman Wright explained the only way they could pre- vent this wa� requeat the City Clerk to have an?additional aesaion of instructing Electidn Jud�;es at least the head judgee ia terms of thetr rightst dutiear obligations� what challenges tl�ey can make in the behaviour of people� where they can get neceaeary physical means of evict3ng these people when it is leg3timate. He £urther etated it was to the interestS� o£ all reapaneible -- poli�:ica.l groupe to see that in Fridley all of this not take place. Councilman hlri�ht reasserted that he had been told this �oup was from neither major political party and wished to 'have the City COUncil authorize the City Clerk to engage 3n auch instruction'to alert the enforcement officials and making it possible for us to exp�di��e voti.n� by org�xiized groups who oUstruct the voting procese, . Motion by Wri�ht to direct the C3ty Clerk to engage in aflditional trainin� of the Election Judges in each po113ng place on the nature and the danger o� deliberate attempts to intexfere with the voting process�and what their r3ghts and dutiea are when faced w3th euch action. Seoonded by KirkY��m. Councilman Sheridan stated they should employ all the powere oi the City to aee that euch things do not take place. Maynr Nee inquired i.f the City Clerk had had a meeting Di the P1ect3on Judgea, The City Clerk replied he would be having a mee'tr ing such as this, City Pn�ineer Q,ureehi explained to the City Council they were'aware the old wells hed been worked on� that on We11 #5 they were bal3ng the sand and while in the proceas they were taking out pieces of ' foreign material and felt if there was a necessity o� telcing a came�a in at �S35o.00 and laoking at the well he wanted the Council to be aware. The City i�nager stated that all City Engineer QUreshi t�as I asking was iY the necesaity should arise to l.00k 3nto the well� they could go ahead and you would �hen confiz'm a Change Order. Councilman -� Wri�ht 3nqu3red if C3ty Engineer Qureshi felt this wae vandalism. C3ty En�3neer Qureshi replied he thought 3t wae. I:�iITi ilr'd��F1 There being no �her businessi Msyor Nee declared the Regvlar Council Meeting of October 19r i961+ adjourned. . . t Reapectfully submitted� . r � - � ue Miskowic WilliBm"J. Nee Secretary to the Council . N1�y�T � ��I