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08/12/1968 - 00020064� THE MINUTES OF THE SPECIAL PUBLIC HEARING t+IF.ETING OF AUGUST 12, 1968 Mayor Kirkham called the Special Fublic Iiearing Meeting of Auyust 12, 1968 to order at 8:05 P.M. PLEDGE OF ALLEGIANCE: Mayor Kirkham requested the audience to stand and �oin the Council in saying the Pledge of Allegiance to the Flag. ROLL CALL- MEMBERS PRESENT: Y.ir3cham, Harris, Samuelson, Liebl MEMBERS ABSENT: Sheridan ADOPTION OF AGENDA: MOTION by Councilman Samuelson to adopt the Agenda as presented. � Seconded by Councilman Liebl. Upon a voice vote, a11 votiny aye, Mayor Kirkham declared the motion carried unanimously, INFORMAL IiEARING ON CONSIDERATION OF POLLUTION ORDINANCE: � Mayor Kirkham said that much has been said about air pollution and it's control. He then read the Declaration of Policy, explained the meaning of the portion dealing with public nuisance, and read the portion dealing wrth license requirements. Mr. James Aensley, Fridley Flealth O££icer ancl Ur. Aarold Paulus, Professor o£ the School of Public Health oi the University of Minnesota were present to assist in answerin9 questions and explain the contents of the proposed ordinance. Mayor Kirkham pointed out that the seasonal burning of leaves and grass are not prohibited under this proposed ordinance. Mr. Hensley explained that residences oL- 4 families or less would not be required to obtain a license, unless they had an auxillary burner, such as oil. If a residence lzad a burner to reduce organic matter, he would have to comply with the ordanance. The Gas Company does have available this type of burner. Process equipment, such as used in industry, would be required to obtain a license. Mayor Kirkham felt that this ordinance, ii adopted, would not inter- fere with the orderly development ol the City and pointed out that one oi- the City's new industries, Carter-Day, is involved in making � ���, SPECIAL PUBLIC H�ARiNG MEETING OF AUGUST 12, 1968 air pollution control equipment. PAGE 2 Counczlman Liebl asked Mr. Hensley if this ia about the same as that used in St. Louis Park and Mr, Hensley replied that it was. Councilman Liebl said that he felt that the ordinance is very com- prehensive and seemed as though it would be costly to administer and enforce. He said that the Council must provide an alternate solution to the people for disposal of trash. Mr. Hensley said that 95°�0 oP the enforcement could be done by the Building Inspection Department and the Fire Prevention Bureau, and he did not feel that there would be a need to increase the sta£f as policing of problems of this nature are already done by these departments. He explained that a plan review in respect to tech- nical data wouid have to be submitted to the State Board o£ Health. He said that the people would have to refrain £rom using back yard burners and with adequate pick-up and proper supervision, a cleaner City would be the result. Councilman Liebl asked Mr. Hensley ii this proposed ordinance was drawn up with the specitic needs o£ this community in mind or if this was a general criterion. Mr. Hensley replied that the needs oE most communities are much the same. other cities have milling plants, renderiny plants, asphalt plants, etc. Councilman Liebl then asked, af- this Cauncil went on record as adoptiny this or- dinance, would we have any assurance that out neighboring com- munities would do the same? Mr. Hensley pointed out that most communities are at least studying this problem and some are acting upon it. The Upper Respiratory ilisease Association has backed this ordinance and are using it as a model. Councilman Liebl then asked ii there would be no need of additional staff, how is this to be instrumented and en£orced? Mr. Hensley replied that it a problem arose, Fridley could do as other com- munities do, in that if some technical assistance is needed, they hire a laboratory to do the wor]c and that it would not be seasible For the City to have Lheir own laboratory. FIe felt that 90% of the problems would be with incinerators in apartment houses, busi- ness areas, and back yard burners. He felt that industrial pollu- tion was a minor problem for this City. � � Councilman Samuelson asked Dr. Paulus if he felt that the Ringel- � mann System was satisfactory. He said that Mr. Hensley felt that rt was somewhat unsatisiactory and aslted ii there was anything better. Dr. Paulus said that the Ringelmann System is adopted by most ordinances, and that it is a subjective analysis. People would SPECIAL PUBLIC HEARING COUNCIL MEETING Or^ AUGUST 12, 1968, PAGE 3 � know that standards are there and are to be met. He said that with the Ringelmann system a smokescope is used, and that obscurity by sight can be used. Councilman Samuelson asked Mr. Harvey McPhee, Sanitarian for St. Louis Park, if,in their ordinance there were provisions made for a grandfather clause. Mr. McPhee replied that iL- was felt by their Cxty that i£ there was a health hazard, that it was very important to comply, there£ore, they compiled a schedule allowing a two year interval betore ultimate compliance. Councilman Samuelson then asked Mr. McPhee about the right to appeal. In this ordinance it states that an industry or individual has the right to appeal to the City Manager then to the Council and he wondered how St. Louis Par)c handled this phase. Nx. McPhee said that St. Louis Park does not believe in the need f-or a great number oi Boards and Commissions�and that they ielt that the Council could serve in the capacity of hearing complaints. � Councilman Harris raised the question of really what good is it going to do to pass on this ordinance, ii the neighboring com- munities do not have a corresponding ordinance. Mr. Iiensley said that St. Louis �ark has passed this ordinance, Edina has had a hearing and the ordinance will be on the books by the first o£ the year, and Golden Valley and Columbia Heights are working on one right now. He said that by using the standard in tl�e ordinance the State Pol- lution Control Agency will act on various problems but it will be up to the municipalities to enforce the corrective action. Councilman Harris then aslced if Fridley passed thzs ordinance, but the other municipalities did not, would there be any benesit? Mr. Hensley then pointed out that the Fridley people breathe about 60% of their o��n air pollution right now. This is because the air has a tendency to hang above this City due to environ��ntal conditions. The balance oi the pollution cames irom various sources such as Minneapolis and the highways which the CiL-y has no way oi controlling. Councilman Samuelson pointed out that he had heard that bus fumes are really not air pollutants. Dr. Paulus agreed in that diesel eXhaust, although odorous, are not carcenoyenic as are car Fumes, and that car fumes are the real hazard. � Councilman Liebl said that he would like to see this worked out on an entire Metropolitan area control basis, and asked Dr. PauZus ii he was not at this time working on this. Dr. Paulus said that a 7 county district is hoped for and that in the recent months the /� 1 SPECIAL PUBLIC HEARING COUNCIL MEETING OP AUGUST 22, I968, PAGE 4 Federal Government is pushing this also. He said if Fridley wished , to wait 5- 10 years they would probably be part of the Metro- paZitan District, or they cou2d do as they are thinking of doiny, and getting something on the books now, thereby, being ahead of- schedule bp having the enforcement and administration problems already worked out. Councilman Samuelson asked Robert Hughes, Pire Chie£, about the cost of enforcement of this ordinance by the Fire Department. Mr. Hughes replied that much oL- their time is spent policing burning right now and he said that he felt that the part of the enforce- ment to be handyed by the rire Department could be handled at no additional cost at this time. He said that trash burning in barrels does cost the City a great deal of money. Mr. Iiensley asked if people have to obtain permits to burn. Mr. Hughes replied that permits are written at no fee after inspection ot the premises. He said that many of their complaints are on people burniny in trash burnexs not within the 1ega1 hours tor burning. He said that quite o£ten these people are new to the City and do not realize there are specific hours for burning. � The City Attorney asked what experience, if any, they have had in regard to enforcing this ordinance as far as court cases goes. He said that he thought the City of Minneapolis had a court case on zndustrial pollution. Mr. Robert Lines, Air Pollution Control Engineer, City of �inneapolis, answered that they did have a case. 'Phey had to prove the company was a nuisance, and they yot about 25 residents who were willang to testify that it was a nuisance. The case was appealed to the Supreme Court, however, the £inding was in L-avor ot Minneapolis. Dr. Paulus asked if the Ringelmann reading was used and ii any of the fines were appealed. Mr. Lines replied that a number of £rnes were given out but no appeals had been made. Counczlman Samuelson asked p�Lr. Hensley ii the fining procedure would £all within the Ta�ying Ordinance. Mr. I3ensley said that it would. Counc�lman Samuelson asked what the estimated cost of back yard burning barrel complai_nts is to the City, Mr. Hehsley replied about $3,OD0 per year plus the Court and Attorney costs. He said that he felt that banning burning barrels and helping to eliminate the rat � problem would iree the men and the time could be much better used. f_ SPECIAL PUBLIC HEARING COUNCIL MEETING OF AUGUST 12, 1968, Pt�.GE 5 � Councilman Liebl said that if burning barrels are banned, the City must provide an alternate. The City Manager said that whether the franchise system or a contract system is adopted would not really make too much difference. The City Attorney has ruled that a franchise system must go through an election. A contractor, or more than one contractor, would handle the work and yive equal or lower praces. Councilman Liebl said that he felt that the work in the Build�ng Inspectaon Department and the Fire Depar�ment will be tremendously increased and that it will be necessary to spend more time and man hours. The City Manager said that it was very diPficult to guess the degree oi compliance. Mayor Kirkham pointed out that a burning violation wauld be very reconqizable, as any burning would be an obvious violation. Mr. Hensley said that St. Louis Park has a pick-up system. Mr. Mcphee said that they have a franchise system which calls for 3 containers for residences, however, the first oi ttxe year they are going to another service which will allow an unlimited number oi cans. Mayor Kirkham agreed that there were a numher of alternates � possible and asked the Fire Department what the advantage would be to them. The Fire Chief said that he would like to see back yard burning stopped. He said that they had no problem with burning by permiL-s at this time. He said that he wondered al�out the fee for multiple dwellings, and said he understood that a license would be necessary if heating by gas, with an oil standby. He also asked about industrial plants that do burning. Mr. Hensley said that the fee was $25.00 for each time, and that the burning would need the Board of Health approval. However, he added, that the Council could set any fee they desired. Mayor Kirkham agreed that iI the processing did not cost $25.00, then the charge should not be �hat high. The Fire Prevention Bureau Chief said that ne clid not feel that this ordinance would be that easy to police. He said that this was a good all-a.nclusive document, and that it would need a long look at the enforcement procedures. He said that if the Council is going to adopt an air pollution ordinance, that this is a good one. He said that he would like to see something done about the air pol,- , lution caused by the transportation industry. Councilman Liebl asked the Fire Prevention Bureau Chiei if, in his opinion, it wauld not be necessary ta increase the staff? The Chief replied that he would think thzs would be necessary. He said that �� SPECIAL PUBLIC HEARING COUNCIL MEETING OF AUGUST 12, 1968, PAGE 6 after public education, possibly the increase raay not have to be ' ].arr�e. Mr. McPhee said that St. Louis Park plans on enforcing their ordinance strictly. They plan on using the Fire Department to police the back yard burning and a man in the Building Inspection Department is to be shifted and he will have �ust incinerators. Mr. McPhee said that he would take care ot the process equipment which would require a reviecv of the pLans. He said that St. Louis Park has some unique problems and the City did not feel that the State or the Board of Health will solve their problems for them. He said that there are 2 people on the Fire Department and 5 in the Buildang Inspection Department and that they intend to add some additional personnel. Their population is 48,000. Councilman Samuelson asked about schools. Mr, McPhee replied that schools and churches must comply also, the only exemption is that there is no fee. The Fire Prevention Bureau Chief said that it cost the City over $4,000 for the �irst 6 months to iight fires caused by burners. He said that 49 fires were caused by illegal burners. However, he said that this spring was a bad year as the spring was so dry. � Councilman Harris pointed out that also to account for the increase, it must be remen�hered that every year the City's population in- creases, Mayor Kirkham called ior comments from the audience. A visitor to the Meeting asked who would pay for the trash pick-up. Mayor Kirkham replied that each individual would be responsible for payment �ust as now. Councilman Liebl added that if the pick-up was contracted out, the people would ,7ust pay the contractor, and that the cost eould go up $10.00 or more per year. The Fire Prevention Bureau Chief said that �olumbia Hea.ghts uses this system now and it costs them $18.00 for 3 cans per week per year, and that the cost is added to the utility bill. Councilman Liebl pointed out that it will cost the home owner some additional money to come up to the standards set in the ordinance and the ultimate question is whether the people would like to save the Pew dollars or pay for the benefit o£ cleaner air. Carl Paulson said that he would like to see air pollution controlled, and that it will become even more necessary to control air pol- lution in the future. He said that automobile exhause contributes � about 50% of the pollution in the air. He saad that he appreciated the Council taking up this matter and hoped they would act on it. He said that in 1963 the U.S. Senate found that aa.r pollution con- tributed to heart diseases, colds, lung cancer, and respiratory � SPECIAL PUBLIC HEARING COUNCIL MEETING OF AUGUST 12, 1968, PAGE 7 diseases. He said that it ha5 also been shown that air pollution will cause trees to die and that it will cause an excessive amount of rain£all. He said that it was also �ound to be harmful to cloth- ing and metals and caused paints to weather much more quickly. A visitor to the Meeting asked, if the Council is trying to ban burning barrels, what is the 5tate goiny to do about the pollution caused by cars. It was pointed out that the Federal Government is trying to force the manufacturers to curb the exhause fumes £rom cars. Robert Roff, of Rotf Trucking Service, Rubish Hauling, 642 37th Avenue N.E. said that he did not £eel that the problem was bac]t yard burners but rather the volume of trash and garbage that would have to be gotten rid o£, which is constantly increasing. Councilman Liebl said that he has served on a committee that has been studying air pollution in detail for the last 6 months. Norman H. Cruse, Assistant Secretary, Minnesota Petroleum Counc�l at � 604 Builders Exchange Building, Minneapolis, said tYaat he has worked with the City of St. Louis park and that he felt that there were some areas of this ordinance that would need discussing and re- quested that he be notified when discussion oi this ordinance would next be on the Council Agenda. MOTION by Councilman Samuelson on the proposed air pollution Councilman Harris. upon a voi declared the motion carried. RECESS• to close the informal pul�lic hearing control ordinance. Seconded by ce vote, a11 voting aye, Mayor Kirkham Mayor Kirkham declared a 15 minute recess at 9:25 P.M. PUBLIC HEARING FOR STREET IMPROVEMENT PROJECT ST. 1969-3 (73RD AVE.): Mayor �irkham read the Public Hearing Notice to the audience. The City Enqineer explained that this is Eor the improvement of 73rd Avenue from T.H. #65 to Central Avenue. He said that eventually , this road wxll be opened all the way for the flow of industrial traffic. He said that the cost shown is L-or the improvement and acquisition costs for right of way on the north side of 73rd Avenue. He explained that the City has approached the County to see if they are willing to participate in the cost, and that the costs shown are maximum costs and could be decreased by the amount of County par- ticipation. (' SPECIAL PUBLIC HHP.RING COUNCIL MEETING OF AUGUST 12, 1968, PAGE 8 Councilman Aarris said that he had discussed this with the Onan people. He pointed out that the County has not formally agreed to participate in the cost of the pro�ect. He said that he had discussed with the County the possibility of City acquiring the needed right of way on 73rd Avenue and the County making the road improvement. Councilman Harris said that the possibility ot vacating 73� Avenue was discussed with the City retaining all the utilrty easements, and this received some interest from the property owners present in the Council C"nambers. The City Engineer pointed out that in March the Engineering Depart- ment wrote letters to the property owners on the north side of 73rd Avenue without much response. He said that the people would lose no land area by gaining the 73'� footage. He said that of course, this could not be built upon because of the easements, but could be used as yard space. I3e explained that if the street was vacated Z would go to the north property owners and Z to the south property owners. The City Engineer pointed out that there was a possible problem with vacating 732 Avenue. He said that all the property north of 73'� Avenue must have access. There £ollowed a long discussion at the Council table while looking at the hal£ section map witn Roger Gilquist, 1201 73rd Avenue N.E.; John Haluptzok, Route 1, Box 381, Forest Lake; and Clifford Thoe, 7250 Central Avenue. Councilman Laebl suggested that the vacation study should go back to the Planning Commission. MOTION by Councilman Liebl ta close the Pixblic Heating on the Street Improvement Pro�ect St. 1969-3 (73rd Avenue). Seconded by Council- man Harris. Upon a voice vote, all voting aye, Mayor Kirkham de- clared the motion carried. MOTION by Councilman Samuelson to refer the vacation of 73� Avenue back to the planning Commission for their study. Seconded by Councilman Harra.s. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. RESOLUTION NO. 111-1968 - A RESOLUTION ORDERING IMPROVEMENT. FINAL PLANS AND SPECIPICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVF.MENT FROJECT ST. 1969-3. 1 � 1 , � , �t SPECIAL PUBLIC HEARING COUNCIL MEE'PING QF AUGUST 12, 1968, PAGE 9 MOTION by Councilman Harris to adopt Resolution No. ll1-1968 for the improvement of 73rd Avenue. Seconded by Councilman Samuelsan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Councilman Harris advised the men in attendance that they will be notified by mail of the Public Hea�ing before the Planning Com- mission. �ouncilman Liebl suggested that they talk to the other property owners regarding the problems before the Planning Com- mission Public Hearing. CONTINUED PUBLIC HEARING ON REZONING REQUr.ST (ZOA #68-04) TO REZONE FROM R-1 TO R-3A, PART OE LOT 9, A.S. #88, REQU�ST BY LOUIS MOM- CHILOVICH• 'I'he City Engineer explained that when the Public Hearing was held earlier, Mr. Momchilovich was told that he could only put in a 7 unit apartment house in the space he had available after he deeds the the 30' right of way on the west side o� his property tor the street, although he wanted 10 units. He is now requesting approval of the rezoning request and that a Public Hearing be set up on the rezoning of an additional 47' on the westerly portion of parcels 460 and 470 on which he holds an option to buy. By purchase of this property, he would have enough room for tha 10 unit apartment house he wanted. Mr, Momchilovich then shawed the Councilmen and the Mayor his option on the land he is planning to buy. MOTION by Councilman Harris to close the Public Hearing on the rezoning request by Louis Momchilovich. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. MOTION by Councilman Harris to set the Public Hearing date for September 9, 1968 for the rezoning o£ the additional 47" of the westerly portion of Farcels 460 and 470. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. PUBLIC FIEAI2ING FOR VACATION RERUEST iSAV #68-03) LOTS 22-A AND 22-B BLOCK 1, LYNDALE BUILDERS 4TH ADDITION= (HENRY SAFFERT} The City Attorney explained that this was the request in which the applicant wished a vacation of 2' to permrt building a garage and that Mr. Sa£fert had obtained permission in writing from the utility companies. - , SPECIAL PUBLIC HEARING COUNCIL MEETING OF AUGUST 12, 1968, PAGE 10 MOTION by Councilman Harris to close the Public Hearing on the Vacation request by Henry Sa£fert. Seconded by Councilman La.ebl. Upon a voice vote, all voting aye, Mayor Fcirkham declared the motion carried. FIRST READING OF AN ORDINANCE UNDER SECTION Z2.07 OF THE CITY CIiARTER TO VACATE A PORTION OF A DRAINAGE AND UTSLITY EASEMEN3' IN BLOCK 1, LYNDALE BUILDERS 4TH ADDITION: MoTION by Councilman Harris to approve the ordinance for the vacation requested by Henry Saf£ert on Pirst reading and waive the reading, and authorize issuance of the building permit. Seconded by Council- man Samuelson. Upon a roll ca11 vote, Samuelson, Kirkham, Harris, and Liebl votinq aye, Mayor ICirkham declared the mation carried. The Caty Attorney explained the legal requirements reqarding the reading and publication of an ordinance, and suggested that 15 days a£ter the publicataon, at which time the ordinance becomes law, the Safferts could come in and request a certified copy of the ordinance to take to the Register of Deeds to record this vacation as part o£ their abstract. CONSIDERATION OF GASOLINE PUMPS FOR COUNTRY VILLAGE SUPER MARKET ON NORTH�AST 4UADRANT OF CENTRAL AVENUE AND MISSISSIPPI STREETt (Tal�led 8-5-68) The City Attorney explained that he was not present when this was tirst discussed, but he has talked to the City Engineer and that he is sa�isfied that the applicant did show the gasoline pumps on the blueprint and that he did intent to have gas pumps. He said that the request has been cleared through the Fire Prevention Bureau Chiet and the State Fire Bureau and that he is satis£ied that legally approval would be in arder. MOTION by Councilman Harris to approve of the request for gasoline pumps for Country Village Super Market. Seconded by Councilman Lieb1. Upon a voice vote, Caixncilman Samuelson abstaining, Mayor Kirkham declared the motion carried. RESOLUTION NO. 112-1968 - A RESOLUTION DIRECTING PREPFIRATION OF ASSESSMBNT ROLL FOR STORM S�IER IMPROVEMENT PROJECT #82: MOTION by Councilman Samuelson to adopt Resolution No. 112-1968. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unaniiaously. ' � ' ' SPECIAL COLTL3CIL MEETIL3G OF AUGUST 12, 1968 PAGE 11 � J RESOLUTIOI3 NO. 113-1968 - A RESOLUTION DIRECTING PUBLICATION OF HEARING ON PROPOSF,D A3SESSMT:NT ROLL FOR STORM Sh'WER IMPROVEMENT PROJECT 82: MOTION by Councilman Harris to adopt Resolution No. 113-1968. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RESOLUTION NO. 114-1968 - A RESOLUTION DIRECTING PREPARATION OF ASSESSINENT ROLL FOR STORM S�1TER IMPROVPMENT PROJECT #87: MOTION by Councilman Liebl to adopt Resolution No. 114-1968. Seconded by Councilman Samuelson. Upon a voice vote, all voting ave. Mavor Kirkham declared the motion carried. RESOLUTION NO. 115-1968 - A RESOLUTION DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR STORM Sh'WER IMPROVEMENT PROJECT #87' MOTION by Councilman Samuelson to a dopt Resolution No. 115-1968. , Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kix'kham declared the motion carried. CONSIDERATION OF RESOLUTION SETTING THE CITY PRI_MARY ELECTION FOR THE YEAR 1968• ' The City Manager explained that he had talked to the Finance Director and he had said that if the Council desires a primary election it can be held,however, it is not legally necessary. The City Attorney elaborated that if 3 people are running for an oi£ice, the primary is optional, af 4 were to run it would be necessary, according to the City Charter. Counciliaan Samuelson suygested that primary election could be dispensed saved. The remainder o£ the Council action was taken. CORRESPONDENCE: as it is not necessary the with a nd some money could be agreed, therefore, no further A. JOHN IiASSULKER: REGARDING HIS APPROVAL OF AIR POLLUTION CONTROL ORDINANCE MOTION by Councilman Liebl to receive the communication £rom John Kassulker, dated June 28, 1968. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kir};ham declared the motion carried. G_ �; SPECIAL PUBLIC HEARING COUNCIL MEETING OF AUGUST 12, 1968, PAGE 12 Councilman Li�l commented that he was glad to see a constituent that feels the same as he does in that the control should be more that City-wide, and that it should include about a 7 county area. Councilman Harris suggested to the press Representative that it would be a good idea to contact some of the people who were present here tonight Por future artzcles to promote an in-depth study for the education of the people. He said that he Eelt that it would be well to emphasize the benefits of the ordinance, rather than all the restrictions, which would be a more negative approach. He said that he would like to give the Press as much time as necessary for a series of articles in the hope that at the formal hearing there would be a greater representation o£ the people. B. VdYMAN SMITH: R�GARDING EROSION OF OAK CREEK: Councilman Samuelson said that he had gone down ta look at this problem with the Engineering Assistant and that the greatest pro- blem is at the outfall end oi the creek where it enters the river. He said that this probLem is much the same as that in Craigway. The run-otf creates erosion, and he said that at the time of the discussion of the storm sewer for east of East River Road, he had suggested that the people in Craigway be included. He explained that oak Creek carries a big drainage area and that it is a very tough engineering problem and that it would be very expensive to correct. Councilman Liebl asked Councilman Samuelson if the problem of erosion increased after the hook-up of Commerce Park and the Trailer Park. Councilman Samuelson said no, that this problem should have been taken care of at the time of the original storm sewer pro�ect back in 1959 or so. He pointed out that one of the problems with a creek of this type is that it meanders and con- stantly changes i�'s creek-bed. The City Attorney felt that an Engineering solution should be £ound, then estimate the cost, az�d then decide ii the high cost would be worth the benefit derived. He pointed out that a release from a1Z the people would have to be obtained to yo in there and do the work. The City Engineer said that the waterway laws are very vague, and there is also the problem o£ how to apply assessments. MOTION by Councilman Samuelson to receive the communication from L4yman Smith, dated August 6, 1968, and refer the problem laack to the Engineering Department for review, and iL- no feasible solution can be found, a reply should be sent to Mr. Smith explaina.ng the ' ' ' � � ' SPECIAL PUBLIC HEARING COUNCIL MEETING QF AUGUST 12, 1968, PAGE 13 circumstances. Seconded by Councilman Harris, and upon a voice vote, all voting aye, Mayor Karkham declared the motion carried. C. NATIONAL LEAGUE �F CITIES: REGARDING ANNUAL CONGRESS OF CITIES: MOTION by Counailman Harris to receive the communication Prom the National League of Cities dated August 1, 1968, and authorize the City Manager to attend if he wishes. Seconded by Councilman Samuelson. Upon a vo�c e vote, all votin, aye, Mayor Kirkham declared the motion carried. D. FINANCE DIRECTOR: TAX EXEMPTION or• INDUSTRIAL DEVELOPMr;NT AND O'i'f3ER MUNICIPAL BONDS: MOTION by Councilman Harris to receive the communication irom the Pinance Director dated August 8, 1968. Seconded by Councilman Lieb1. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ADJOURNMENT• MoTION by Councilman Liebl to ad�ourn the Meeting. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the �pecial Public Hearing Meetiny of August 12, 1968 ad�ourned at 1�:45 P.M. R ectfully submitted, e1 Merce�/;� Secretary to the City Council � Jack 0. Mayor ��C�f� � I:irkham V j