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05/08/1967 - 00020932THC MINUTES OP THE SPECIAL PUBLIC HEARING MEETING OF MAY 8, 1967 , The Special Public Hearing Meeting of the City of Fridley was called to order by Mayor Kirkham at 8:02 P.M. ROLL CALL MEMBERS PRESENT: Kirkham, Liebl, Samuelson, Harris (Arrived 8;07 P.M.) Sheridan (Arrived 8:28 P.MI. ) MENIB�RS ABSENT: None OPENING CEREMONY: Mayor Kirkham asked the audience to stand and �oin in saying the Pledge of A1legiance to the F1ag. PUBLIC HEARING ON IMPROVEMENT ST. 1967 - 1(ADDEN➢UM �k3): The City Manager read the Notice of Hearing. The Crty Engineer outlined on the map the street that this covers. He said that this would include concrete curb and gutter on both sides of the service drive, additional mat where it is needed and blacktop on the mat,, The Finance Director gave the expected cost of the pro�ect which benefits three properties as $10.11 per foot. He said that this is a little higher than usual as � there is only one side of the street to assess. Mayor Kirkham asked if anyone in the audience wished to speak on this proposed improvement. Raymond Carlson, the Manager of the Fridley T,umber Company, said that he had petitioned for a mat only and not curb and gutter. He said he would like the Council to consider the fact that the street has been established for 12 years and has excellent drainag�. He said that he thought putting curb on the west side of the service drive would be an excessive burden on the property owners as everyone would have to regrade their property. He said that the three companies have grades established for maximum drainage to the highway. He said that these three companies have been here many years, are we11 established, and will be there in the future, and curb and gutter will mean they will have to regrade the parking area in front. (COUNCITMAN HARRIS ARRIUED AT THE MCETING AT 8:07 P.M,) Mr. Carlson asked if there will be any provision for access onto the high- way. The City Engineer said that there is existing access to the southbound 1ane. Mr, Carlson asked what will be done with the access as the County is out grading it every month or so, as they seem unable to stabilize it with the heavy traffic going over it, The City Engineer said that the City cannot go on the State right-of-way, but they can request that the State do it. Mr. Carlson said that a few years ago he had approached the State about putting a mat on it at the Lumber Company's expense, but they would , not consider it at that time. The City Engineer said that the City can request that they do it, and the State will probably either do it or give the City permission to do this small area. The City Manager said that the State does not always give their permission for the City to do this. He said that if the State has any feeling that they might want to cut o£f some of the access to that road, they may say no. SPECIAL COUNCIL MEETING, MAY 8, 1967 �AGE 2 Mr. Carlson said that he has no ob�ection to improvzng the street, although he had requested only a mat because it was a 9 ton road. He � said he would go along with curb and gutter on the east side, but feels that curb on the west side would be a burden. Councilman Samuelson said he had talked to the City Engineer about Mr. Carlson's request. He said that the City is paying about $2:00 to $2.10 per lineal foot ior concrete curb and gutters, and standaxds are set fox both sides. He asked if the people would keep the area clean and neat if curb and gutter was not put in on one side. He said he was sure the Lumber Yard would, but was not too sure of the other two. Councilman Harris questioned the policy of the Council on spreading the assessments. He asked if it is spread over as long a period of time iE the curb and gutter are not put in on both sides. The Finance Director said it is spread over 10 years when cuxb and gutter is put in on,both sides, and over 5 years with asphalt or something less. Mr. Carlson said he had no ob�ection to a shorter period of time. Mr. Boisvert said he had no ob�ection to the shorter time. blr. Mollnaro, a visitor to the Council Meeting, said he did not live in this area, but he questioned whether trucks going in and out would chop up the edges without curbs. Councilman Harris said that is one reason for the shorter assessment period - the street doe� not have the same lasting value. Mr. Molinaro asked if this would not put the City main- tenance cost up higher if it would have to be constantly repaired. Mr. Carlson said that they had not had any problems with the 9 ton road that orzginally had been put in. He said that the real problem had been � with the center of the road because it was not maintained often enough or sealcoated. He said that they did not want to change their grades which would be necessary with curb on the west side, Councilman Samuelson said ihat if there were curbs on the west side *_hey could have curb openings anywhere they wanted for access in and out, Councilman Harris said he thought it would be an advantage to them to channel the trucks and cars into one given area. Mr. Carlson mentioned that there would be a problem with snow removal in winter, and another ob�ection was that it would be hard for the large semL trucks with up to 45 ton loads to turn around. Councilman Harris said curbs would help them channel the trucks in and out. Mayor Kirkham asked if there was anyone else present that wished to speak on this project, There was no answer.. MOTION by Councylman Harris, seconded by Coui�cilman Samuelson, to close the hearing. Upon a voice vote, there being no nays, Mayor Kirkham declared the Public Hearing on ST. 1967-1 (Addendum ��3) closed afi 8:17 P,M. Mayor Kirkham thanked the gentlemen and told *_hem that a determination would be made either later in the evening or, as is usually done, at the next regular Council Meeting. PUBLIC HEARING ON FINAL ASSESSMENT-ROLL, STORM SEW�R PRO.7�CT �k81: � The City Manager read the Notice of Hearing. The City Engineer outlined the area that fa11s into this drainage district on the map. The Finance Director gave the rate of assessment of $.85 per 100 square feet which will be spread over a period of 20 years. He explained that a11 of a 1ot need uot necessarily be within the drainage district, and a11 property wrthin SPECIAL COUNCIL ME�TING, MAY 8, 1967 the district is treated the same and assessed at the same rate. Mayor Kirkham asked if anyone in the audieace wished to be heard. FAGL� 3 � Mr. Raymond Carlson, Fridley Lumber Company, asked for the square footage � and the amount of the assessment far their property. Councilman Samuelson told him that it was 106,850 square feet and the assessment was $908.23. Mayor Kirkham said that if anyone in the audience is interested in their assessment on any particular piece of property, the Finance Director could give the figures to him. Councilman Harris asked if the project had been petitioned by a majority. The Crty Engineer said that when the trailer court had been rezoned, Mr. Nagel had promised to petition for this improvement verbally, and the City had proceeded on that basis. Councilman Harris said that it appeared that the Nagel property was we11 over 50% - approximately 70% of the pro�ect. MOTION by Councilman Harris, seconded by Councilman Samuelson, to close the hearing. [7pon a voice vote,.there being no nays, Mayor Kirkham declared the Public Hearing on the Assessment Roll for SS�i81 closed at 8:24 P.M. HEARING ON STORM SEWER PROJECT 9f5C The City Manager read the Notice of Hearing. The Finance Director gave the rate of assessment at $3.08 per 100 square feet, minus a previous assessment of approximately $.40 per 100 square feet, for a net assessment cost of $2.68 per 100 square feet, spread over a 20 year period. He explained that all property is treated the same and assessed at tfie same rate. He said that this is more or less the complete package as compared to a ' previous hearing held which was on �ust one section of the pro�ect, Council- man Liebl indicated on the map the area included in this storm sewer pro�ect. He said that when this is completed, all the sewers in this area W�ii be in the ground. Mayor Kirkham asked if any member of the audience wished to speak on this pro�ect. Mr, Frank Hart, 6000 3rd Street Northeast, asked who had recommended storm sewer for thzs area. Councilman Samuelson said that the first resolutxon, which would be the first Council action, was dated March 2, 1964. (COUNCILMAN SHERIDAN ARRIVED AT THE MEP�TING AT 8:28 P.M.) Mayor Kirkham asked the City Engineer if he could go over the history of this pro�ect, The City Engineer said that this pro,7ect has been in the works since 1959 at which time hearings were he1d, and the hearings were held again in 1964 at which time, the storm sewer in University Avenue had been put in before the new highway was completed. He said that this is now completing the last leg to drain the whole area. Mr. Hart asked if this included any street, curb or gutter. The City Engineer said that this is just storm sewer. Mr. Hart asked if this was being done on the vote of the people. Mayor Kirkham said that several hearings had been held. Councilznan Samuelson said that this includes five projects, so five different hearzngs would have been held. The Finance Director said that there had been more hearings held earlier than that, but they had �ust listed the , later hearings. Mr. Hart said he had never been notified. Mr. Molinaro, 6111 Rainbow Drive, said that when the overpass for the railroad tracks was built and Highway 100 was regraded before it became I�694, there had been an original sewer to drain Summit Manor and the FIyde Park area, but this had proved insufficient, He said that 10 years SPECIAL COUNCIL MEETING, MAY 8, 1967 PAGE 4 ago the people had paid an assessment on this trunk 1ine. Councilman Lieb1 said he had looked up this area, aad the assessment would be less � than $300. A visitor to the Council Meeting asked if the assessment would not be a hardship ozt two houses that are the only ones on the block and axe on corne'es. Mayor Kirkham said that they would pay nothing extra as the pro�ect is assessed according to square footage. Councilman Liebl explained that Sanitary sewer is assessed according to front footage, but storm sewer is on a square footage hasis, and everyone will be assessed on their square footage in the drainage district. Mr, Kedrowski� 6324 Starl�.te Soulevaxd, asked on which streets the storm sewer was Laid. The City Engineer showed the storm sewer lines on the map. Mr, Kedrowski asked about a pet7.tion signed about a year ago against a contsactor because of a poorly set up sewer. Councilman Liebl said that this had been a sanitary sewer problem which has been solved and is aot being assessed. He said that the black dirr and sod is going in now from that pro�ect, but this present pro�ect is seorm sewer. Mr. William Faber, 6181 Trinity Drive, said that he understood that the assessment would not be placed until the pro�ect was complete, The Pinance Director said that a project can be assessed when a conCract is let, Mr. Faber said that earlier he had been told the pro�ect must be completed first, The Finance Director said that although it is aot 10Q% complete, iC is substantially complete now, and if adopted this evening, the first payment will be placed against the property on next year's tax statement, and the pro�ect wi11 be completed long before that. � Mr. Richard Schillinger, 620I Trinity Drive, asked if there was a particular tlme schedule for the replacement of sod and to put the property back in the condition that it was in before the pro�ect was begun, and he also asked if the Council has considered permanent type streets in the Sqlvan H111s atea, The City Engineer said that they had hoped that the people would petition for streets, and the property would be taken care of at that time, He said that ehe streets are in very bad shape, but if r_he people do not petition for permanent streets, the City wt11 have to go in and do some cleanup work on the property. Councilman Liebl told Mr. Schillinger that he would like to know the sentiments of the people on Trinity Drive on whether they would like permanent streets. He saad he had talked to the people on Jupitor Drive and about 90% of them had signed a petition. He said he was going to report back to them now on the cost. Councilman Lieb1 said he respected the washes of the people aad if they want permanent streets, he would encourage them to let the Council know. Mr. Schillinger asked if he was talking about �ust two streets, or all the streets in Sylvan Hi11s. Councilman Liebl said that at present he was talking about two streets, as the_Council neeclsa petition of 50% to go ahead. Councilman Harris said that the Council would be happy to accept a petition f'com the people for any street in Sylvan Hills, and get it in the street program this year. A visitor to the Council Meeting asked the cost per foot. The City Engineer said that the average cost to improve the existing base, mat and curb ' would be $8 a front foot. Councilman Lieb1 said that Comet Lane was pxetty torn up and cannotbe left as it is, so he would encourage the people, if they (iave tlxe resources to put in a permanent street and concrete curb and gutters. He said that he had the petition from the people on Jupitor � Drive with him. SPECIAL COUNCIL MEETING, MAY 8, 1967 YAC-� 5 Mr. Schillinger asked how a corner 1ot would be assessed. The Finance Director said that corner lots were figured as they were platted, with the small side considered the front. He would pay so much a front foot for the small side, and 1/3 of the side. Mr. Marsnik, 6101 Ra�nbow Drive, asked for his assessment. He also asked if 61st Street was going to be a through street. Mayor Kirkham said that in the respect that it wi11 have the r'ight-of-way, it wi11 be a throngh street. Mr. Faber said that abou[ two meetings ago, the Council had said that if 61st Street was going to go across the tracks, this would be open to some kind of hearing, as there were people against this c`rossing, Councilman Harris said that before this was done, he felt it would be a sub�ect for a public hearing. Mr. Marsnik asked if the assessment would be the same on this street as it is a State Aid street. Mayor Kirkham said the assessment would be the same, the benefit would be that they would get a better street and the State Aid would pay the difference. Mr. Hart said that hxs sod is torn up and his blacktop drive has been ripped up for about 5 ieet where the storm sewer goes on 60th Avenue. The Consulting Engineer said that none of the cleanup work has started yet on this pxo�ect. He said that when the bid was 1et, they had 150 working days, aad a11 sod and driveways wi11 be replaced in kind. He said there is a delay for settling, as the bid would have been hzgher if they would have allowed for compaction. Mr, Searle, 6231 Starlite Boulevard, asked if the storra sewer on Starlite Boulevard is extended to Trinity Drive. He said that water r�ins down to 62nd Avenue, and when houses are built along the tracks where will the water go. The City Engineer explained that when the streets are improved this wi11 Ue taken care of with a minor storm sewer or catch basins. A visitor to the Council Meeting complained a'6out the way the City repairs streets by putting asphalt right on sand so that it is washed right out again. The City Engxneer explained that this was an oil stabilized street he was talking about, and if it had been blacktop it would have been cut out and patched, but it is too costly to really fix the oil stabzlized streets. Mr. Knutson, 6300 Starlite Boulevard, asked the C�ty Engineer to review where the pipes go. The City Engineer pointed out on the map where the lines are being installed. Mr. Knutson asked if the railroad property will be assessed a1so. Councilman Harris said that the railroad is being assessed and that they have a representative present at the meeting. Mayor IZirkham said that they will be assessed at the same rat� as everyone else. Mr. Merle Longerbone, 180 Sylvan Lane, asked for his assessment, Council- man Lieb1 told him it is $280.72. Mayor Kirkham said he had a written communication in ob�ection to this pro�ect from Mr. and Mrs. Ftank Chock and Miss 7. Chock. MOTION by Councilman Harris to receive this communication, seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried, , � ' SPECIAL COUNCIL MEETING� MAY 8, 1967 PAUE 6 A visitor to the Council Meeting asked if the sewer stops on Trinity Drive, The City Engineer said that the pipe ends there at the present � time. The visitor asked the reason that it goes this far up. 1�e City Engineer said that this will drain the area of Maux Street and the extension west oE 61st Avenue. The Consulting Engineax explained that the sewer has been laid deeper at this locatLOn because of the future possibility of an underpass of the xa�lroad tracks. He said it was determined a good plan to construct this at this time at 61st. Ee said the bids were taken both ways, and there was approximately a$4,000 d�fference for the deep line for the future. The visitor said he felt they should have put in a shallow line and removed the possibility of an underpass. The visitor asked why the storm sewer was not going to StarlLte Boulevard to drain that area. He said there is a water problem there as much as anywfiere else, and asked if this would be another assessment later. The Consulting Engineer said that a11ey guttexs can be provided to carry the water to the sewer when it is completed, and if for, some reason the a11ey gutters cannot be made, an extension of the storm sewer wi11 be made. He said the street will be raised on the west side enough so that water wi11 run down. Mr. Schillxnger asked if the people petition for a permanent street would this be a 2D year assessment. The City Manager said that it would be spread over a period of 10 years. Mr. Martin Dykhoff, 5810 3rd Street Northeast, asked for his assessment cost. He was told it was $280.26. � Councilman Liebl said that he would like to mention that many people bought their houses from the developer Mr, Levine, and have money in escrow for the improvements. He suggested that the people check on this and they may not have to raise the money for this assessmene. Mayor Kirkham suggested they ca11 the Finance Director during working hours and they could get this information. Mr. Rnutson asked if permanent streets were put in, what provision would be made to route traffic, He said that cars come into tize area now and get 1ost, and the traffic is getting worse and wauld be too much for permanent streets. Councilman Lieb1 explained that when the Mississippi Street intersections are completed they wi11 not have this prob3�m as Mercury Drive wi11 be blocked off and they wi11 have �ust residential traffic. �Ir. Kenneth Sorby, a representative for Gift House Stamps who owns property in this area, asked the difference between Storm Sewer Pro�ect 3k5 and Storm Sewer Pro�ect iFSC. Mayor Kirkham said that it was a11 oxie pro�ecC divided into different sections, but the overall assessment is the same. P1r. Robert Peterson, 6152 Trinity Drive, asked for his assessment and was told it was $254.63. Mr. Ed Wetterberg, 175 Sylvan Lane asked foz his assessment and was told it was $287. � MOTION by Councilman Harxis, seconded by Councilman Samuelson, to close the hearing. Upon a voice vote, there being no nays, Mayor Izirkham declared the Public Hearing on Storm Sewer Pro�ect 5-C closed at 9:08 P.M. SPECIAL COUNCIL MEETING, MAY 8, 1967 RECESS PAGE 7 Mayor Kirkham declared a 10 minute recess, The meeting zaas reconvened at � 9:20 P.M. SEWLR USE AGREEMEPdT: Mayor Kirkham read the following letter: Board of Trustees North Suburban Sanitary Sewer District 1458 County Road ,T Minneapolis, Minnesota 5543Z Sub�ect; Notice of Sewer IIse Agreement Violation Gentlemen: The Fxidley City Council acknowledges receipt of your letter oF April 28, 1967, wherein notice was given to the City of Fridley of an alleged violation of the terms and conditions of an agreement between the District and the City. It is the position of the City that the alleged violation as des- cribed in your letter does not exist. As you know, the master agreement of the District has been amended , by a supplemental agreement between the District and the City of Fridley. Prior to entering into this agreement, the Fridley City Council concluded that it would be in�the best interests of the City of Fridley to withdraw from the District, A resolution requesting said withdrawal was presented to the Board of Trustees. After rec'eipt of this resolution, the Board of Trustees and the Fridley City Council negotiated the supplemental agreement. At that time, it was the positron of the Board of Trustees that they wished to have Eridley remain in the District essentially so that the assessed valuation of the City, which was over 40% of the total assessed valuation of the District, would be used to help the District secure financing. In return for the City withdrawing their request to withdraw From the District, the supplemental agreement provided that the City could transfer all or part of their existing capacity to the District in exchange for an equivalent number of connections. In addition, the supplemental agreement provided that the City of Fridley would not pay any greater user charges than it is presently paying to the Minneapolis-St. Paul Sanitary Sewer District. The Fridley City Counc�l relied on the terms of the supplemental agreement and agreed to remain in the North Suburban Sanitary Sewer District, It is the position of the Fridley City Council that the present $oard o£ Trustees is attempting to ignore the terms of the supplemental agreement and to avoid the clear intention of the parties to said agreement. It is our suggestion that the Board of Trustees and Council withhold any , actLOn until the present legislature has completed tfieir action, if any, on the metropolitan sewer district bills. Assuming the North Suburban Sanitary Sewer District is s[ill in existence, we would be happy to sit down and attempt to reach a mutually satisfactory solution to the present SPECIAL COUNCIL MCETING, MAY 8, 1967 PAGE R controversy, If this cannot be done, we suggest then that you commence a declaratory �udgment action to have the meaning of the supplemental agree- � ment determined by the District Court. Very truly yours, Jack Kirkham, Mayor MOTION by Councilman Haxris, seconded by Councilman Samuelson, to xeceive the letter for discussion, Councilman Liebl said he would like to ask our representative to the NSSSD, Councilman Sheridan, if he concurs with this recommendation. Councilman Sheridan said he had talked to the City Attorney about this, and this is in answer to the NSSSD communication, and under the terms of the master agTeement, violaCions have to be spelled out in a reasonable length oE time and a reasonable length of time given to correct the violation. He said that there had been some discussion over a reasonable length of time, but the board had chosen a June lst date. He did not feel this letter would have to go to the Board at their meeting the next evening as Lt can go the last meeting of the month if the Council chooses. Mayor Kirkham said that the Council may as we11 make use of the time that is allowed. Councilman Harris questioned the wording, "mutually agreeable solution", in the letter and asked Councilman Sheridan if this was part of the wording he had envisioned when he had talked to the City Attorney on this. � He questioned whether this meant anything less than the supplementary agreement, Mr. Gibbs, acting for the City Attorney, said he had asked the CiCy Attorney about this himself, and the City Attorney had said that the intent of it had been not to slam the door, but to leave aa opening for future meetings. Gouncilman Harris said he felt they should make certain the Council sticks by the supplementary agreement as they see it, rather than take a position on negotiation. The Council discussed the poss3- bility of rewriting the last paragraph. Gouncilman L�ebl said that his concern was that we have had this problem since the first of the year, and he wondere3 what chance the Council had of winning if this was to be fought in court. He said that the Council could lose and then it would cost us the money. He said that he would like assurance that there was a chance to win it if there was a fight, Councilman Sheridan said that they were not talking about f�ghting it, they wi11 �ust be asking the Court to ineerpret the supplemen�ary agreement. Councilman Liehl said that if the Gourt intergrets in favor of the Board, the Council will have to pay it plus interest. Councilman Samuelson said he did not think there wouid be any interest, and the Council was �ust trying to protect the rights of the citizens. Mayor Kirkham said that if we do not follow up our agreement, we might �ust as well not have had it in the first place. MOTION hy Councilman Harxis that the letter not be presented to the Board of the NSSSD until the last meeting in May. Mayor Kirkham said that in � the meantime the Council may want to redraft the last paragraph. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. SPECIAL CDUNCIL MEETING, MAY 8, 1967 PAGE 9 Mayor IZirkham asked that this be brought back on the agenda at the meeting of May I5, 1967. Mayor Kirkham read the following paragraph suggested by the City Manager as a thought to replace the last paragraph; "The Council will be happy to meet with you and discuss alternatives, but the Council must adv�.se you that it is not inclined at this time to accept less than its interpretation of the supplemental agreement. RESOLIITION ��89-1967 REVOKING MUNICIPAL STATE AID STREET: Counc�lman Harris asked why this street is being revoked, Councilman Sheridan pointed out that tfiis was a County road, and when it is taken out they wi11 have 5 or 6 blocks more of MSAS street available. MOTION by Councilman Liebl to adopt Resolution �k89-1967. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kzrkham declared the motion carried. The City Engineer said that the County is propasing to improve this street this year. GARAGE BUILDING PERMIT - 5896 WASHTNGTON STREET NORTHEAST, ROBERT PETERSEN; The City Manager said that there is at least one other garage on this 30 foot easement, and indications are that a 12 foot easement is the maximum the City needs. He sazd the Council would not necessarily need to vacate this easement, but they could 1et the owner build up to the 12 foot easement, and if ttte Czty s16�ould need the 30 foot easement, he would have to remove hLS garage, but there is no-indication at this time that the City would ever need this. Councilman Sheridan said that he had talked to these people the other evening, and he had suggested,that they wait unt�l the Council has had a chance to look at it. He said that it appeared at the time of platt�ng, this was left for a possible storm sewer installation. Councilman Samuelson said that it appears all right with him if they would sign an agreement, using an agree.�aent similar to the one thet was used in Hartman Circle as a guideline. Councilman Harris asked if this garage wuuld be lilocking people from getting into other garages if others also chose to use this easement for garages. Councilman Sheridan said that all garages would be serviced off the street, as there is no alley. The City Manager said that if the Council wished, they could grant this permit with a written agreement, and he can bring back more information on possibly vacating this easement. MOTION by Councilman Harris to authorize the building permit sub�ect to a written agreement, Seconded by Councilman S�.muelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. RESOLUTION ik90-1967 CONFIRMING ASSESSMENT ROLL FOR STORM SEWER IMPROVEMCNT PROJECT N0. 81: MOTION Yay Councilman Harris to adopt Resolution �k90-1967. Seconded by Councilman Liebl, Upon a voice vote, there being no nays, Mayor ILirkham declared the motion cazried, ' �1 � � � � SPECIAL COUNCIZ MEETING, MAY 8, 1967 1 hYOTSON by Councilman Samuelson to adopt Resolution -0�91-1967 noting written ob�ection from Mr. and Mrs. Frank Chock and Miss J. Chock. Seconded by Councilman Sheridan. Upon a voice vote, there being no Mayor Kirkham declared the motion carried. STREET 1967-1 (ADDENDUM �k3): the nays, Councilman Harris said that the hearing had been held on this earlier this evening, and should this be done by resolution also. He said he felt the Council should discuss whether the curb and gutter was going to be on one side or both sides. Councilman Samuels�n said he would like to talk to Mr. Ray Carlson again and bring this back at the next meeting. Councitman Harris said that he thought putting curb and gutter on one side was false economy for the sereet and for the property that benefits from this pro�ect. He thought this would be continually broken up and in need df repair. CLAIM SATISFACTION - BIANCONI LAWSIIIT PAGE 10 Mr, Gibbs said the City Attorney had asked him to bring a letter to the Council's attention fxom Wyman Smith regarding the City of Fridley versus Bianconi lawsuit. He said that Che Bianconi Attorney had indicated that they would agree to pay $2,000. Mr. Gibbs sa�.d that the Ciey Attorney wanted to know af tihe Council wanted to pass a motion approving the settlement and authorizing the Clerk to sign the Satisfaction of Sudgment. He said that the City Manager had recommended that they hold the motion until the satisfaction is received. Councilman Harris said that from a good business standpoint he felt the Council should see the Satisfaction. Councilman 5amuelson said-he agreed. The City Manager said that it could get pretty involved in policy on the question of �ust how much is released. Councilman Lieb1 questxoned whetlier the City is receiving $250 more under the new agreement. Mr. Gibbs said that the Council had agreed to any offer over $1750, and they had offered $2,000. IIe said that Mr. Smith felt evidently that this was a good settlement. The City Manager said that the City is only losing about $80 plus interest by this settlement. The Council decided to have the C1aim Satisfaction brought to the Council at the next Council bleeting. ADJOURNMENT • There being no further business, Mayor Kirkham declared the Special Council Meeting of May 8, 1967 ad�ourned at 9:45 P.NI. Respectfully submitted, r/' ��� ' �,.�w� ��� �i � c3-�-�� � Mary Zu Strom Secretary to the Counc�l � � ��C '� �� i ;�z /,���.__�