HomeMy WebLinkAboutCity Council Minutes 08-17-1970I 6
MINUTES OF A REGULAR 1MUNCIL MEETING
PLYMUTR, M13MOTA
AUGUST 17, 1970
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A regtdar •aeeting of the Plymouth Village Council v*a called to order by
Mayor Hilde at 7:50 P.M. on August 17, 1970.
PRESENT: Mayax Hilde. Councilman Hints. Kiiidsath and Spaeth. Acting Manager
J Barbas, liginsers Hagen, Cook and Somstroo and Attorney Lefler.,:
Couticilm an Johnson arrived at 8:15 T.M.
ABSENT: 'Nona
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MINUTES OF A REGULAR 1MUNCIL MEETING
PLYMUTR, M13MOTA
AUGUST 17, 1970
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A regtdar •aeeting of the Plymouth Village Council v*a called to order by
Mayor Hilde at 7:50 P.M. on August 17, 1970.
PRESENT: Mayax Hilde. Councilman Hints. Kiiidsath and Spaeth. Acting Manager
J Barbas, liginsers Hagen, Cook and Somstroo and Attorney Lefler.,:
Couticilm an Johnson arrived at 8:15 T.M.
ABSENT: 'Nona
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MOTION was made by Covmcilman dints. second by Councilman Spaeth to RB: MINUTES OF
Approve the minutes of July 6. 1970 with the following awmdm+ants: JULY 6, 1970 J
Page 9,, 4th•paragraph: Place a period at the end of the fourth
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After the word "comoents" at the end of the Sth line add:
vhichquite clearly indicates the village's approach,
especially in regard to the engineering of trunk lines
and interceptors bet" done by village engineers."
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Add after "again" at the and of the paragraph,: "to discuss
the matter further".
Acting Manager Barnes vas requested by Mayor Hilde to contact the Metro
Council concerning the Witco Open Space Guide Plan .its recorded on Poge 8.
Motion carried. unanimous vote.
MOTION was made 'by Councilman Hints, second by Councilman Spaeth to RE: MINUTES OF
approve the minutes of July 30, 1970. Motion carried, unan$.mous vote. JULY 30, 1970
MOTION was made by Councilman Spaeth, second by Councilman hint, to RE: MINUTES OF
approve the minutes of August 3, 1971 with the following correction: AUGUST 3. 1970
Page It Under those present after Councilman Johnson correct Spaeth
to read Vints.
Motion carried, unitnitnous vote.
PRESENTATION
Mr. Paul F. Daw, Exeitutive DLre4:tor of the Metro Section of the League Rist METRO SECTION OF
of Minnesota Municipalities made a brief presentation regarding mewber- LEAGUE OF MINNESOTA
ship of thte vrganiaiftion. He gave the purpose of this group and how MUNICIPALITIES
It fonetilonti. Mayor Hilde said he feels Plymouth should Jotti, this group
aA P*Ave,his reasons why. Mr. Dow explained the berms of meOership.
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Page 2.legular Council Meeting, August 17, 1970
The dues are,$609.70 perp year' co+ering the period fsom Reptembsr first through,
ugust31at. Their present membership of SS communities represent 961 of the
uetropplitan populaticu. He said if the village is interested in becoming a
a"er; a letter of- intent should be submitte4 and include the membership dues U
In' the budget to be paid January 1, 1971 -and theq can become a member
PCotdistely. Dues are based on the population census and are figured on a
w centage of the annual dues paid to the League of Minnesota Municipalities.
MOTION gas made by Councilman Hints, second by Councilman Spaeth to adopt RES. N0. 70-339
RESOLUTION NO, 70-3390,A'R SOLUTION DIRECTING THE ACTING MANAGER TO TAKE METRO SECTION
THE NECESSARY STEPS TO BECOME A .-14BER OF THE METRO SECTION OF THE MEMBERSHIP APPR`dVEI
LEAGUE OF MINNESOTA MUNICIPALITIES. Motion carried, 4 aye roll call vote.
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Mr. Dov said a questiounairo will be sent to the mayors, managers and
councilmen of all participating municipalities to find out what their
interests'are for ad hoc committees. I
Councilman Johnson arrived at the council meeting.
PETITIONS. REQUESTS & COMMUNICATIONS
Mr. We. Dickey, representing Steve Lisle, appeared before Council with
respect to the rezoning request Mr. Lisle made lest year. He gave the
past history of tihat has taken place and said the reasons for the R-0
to R-4 rezoning request was to,construct an apartment building complex
at 17210 County Road 06, which is east of Oakwood School. The matter
was deferred last year pending contact with School District 0284 and
the Highway Dept. to see if they were interested in this property. The
Highway Deptt, replied they were not and the School District made a
verbal negative rooly and stated they were opposed to the apartment
complex. Engineer Hagen requested them to confirm this in writing but
no letter to date has been received. A discussion followed.
MOTION was made by Councilman Hintz, second by Councilman Kindseth to
adapt ORDINANCE NO. 70-31, AN ORDINANCE APPROVING THE REZONING REQUEST
MADE BY STEVE LISLE TO REZONE FROM R-0 TO R-4 THE PROPERTY AT 17210
County Road 16. Motion carri.d, S aye roll call vote.
Mr. Dickey was advtaed to have Mr. Lisle send a copy of his site plan
with an enplanation to Dr. Snyder, Supt. of School District #284 in
time for their next meeting.
MOTION was made by Councilman Spaeth, second by Councilman Hintz to
adopt RESOLUTION N0. 70-3400 A RESOLUTION AUTHORIZING THE MAYOR AND
CLERK TO EXECUTE THE AGREEMENT FOR PURCHASE OF GRAVEL FROM JEMAGEN,
INC. Motion carried, S aye vote. %
MOTION was made by Councilman Spaeth., second by Councilman Johnson
adopr RESOLUTION N0. 70-341, A RESOLUTION APPROVING THE SUBDIVISION
WAIVER REQUESTED BY WILILIAM JOSEPH FRANK, 17325 24TH AVENUE NORTH,
WAYZATAt TO RELOCATE Ldr LINES BETWEEN LOT 4 AND LOI 5, BLOCK 6,
SUNNY ACRES SECOND ADDITION. Motion carried, 5 aye roll call vote.
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RE: REZONING -
STEVE LISLE
ORD. 13. 70-31
REZONING APPROVED
STEVE LISLE
RES. N0. 70-340
EXECUTE AGREEMENT
JEMAGEN, INC.
to RES; NO* 70-341
SUBDIVISIONSUBDIVISION WAIVER
WM. J. FRANK
piggy 31, Regular Council Meeting, August 17. 1970' '
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Engineer Hagen reviewed his memo regarding the Metran Apartment site RE::"'NWRAM APTS.
plan to be,located on the east side of Lancaster Lane at shout 38th
Avenue. He also presented a color -coded nap of the area shoving where
the apartments will be in`telation to the 4.7 acres of pondlegares to,
the north of which Engineer Ragan said an additional acres Is necessary
to serve the 37 acres In that vicinity.
Mr. Don Hess. representing Mr. Antonio Bernardi. said it was nearly a
year ago that -this plan was presented. Some improvements have been
made s$ to the architecture. parking and the layout which was pre-
sented to the Planning Comission. They were asked what provisions
have been lade for ponding and they paid tonight is the first time they
heard about it. A considerable discussion ensued on thio subject as
well as it's relation to the developer's proposed shopping center site
in the B-2 area north of the ponding area outlined on the map. Mr. vs.,
Bale, attorney for Myr. Bernardi,, was also present to discuss the re-
quest of the developer and dedication of the ponding area by Mr.'Bernardi.
After discussing this Mayor Rilde suggested that our 4ngineer work with
their engineer to develop a new layout enabling them to move his proposed
shopping center boundary a little further south so as to split the pond-
infareas both east and west of Lancaster Lane and also work out„the
Legal.description for dedication of said ponding area to the village.
Mr. Bale said, we can execute the deed for dedication of the ponding area
plus the one acre an& deliver it tomoreov so we can proceed to excavate,
which will take a month and during that time we can start building and
get this worked out. Attorney Lefler said tKe would be satisfactory, if
the developer understands that this is to be done at his own risk. should
something occur relative to the cooperative`mgreement. Mr. Bernardi was
confident nothing would happen.
MOTION was made by Councilman Spaeth, second by Councilman Johnson auth-
ortzing,the issuance of a Excavation Permit, per the developer's site
plan submitted, and that the final site plan approval and Building Permits
will be held until such tire that the drainage plan is worked out to the
satisfaction of the Village Engineer and Council and conveyance of the
ponding area to the village. Approval of the site plan presented tonight
is to be deferred until the foregoing portion of this motion has been
taken care of. This item will be taken up at the September 14th meeting
if all of the above has been resolved. Motion carried S aye vote.
MOTION was made by Mayor Hilde, second by Councilmen Johnson directing
the Acting Manager to have an amendment to the ordinance prepared to
allow retail sales of nursery stock by Elmer Robeck in a R -O zone.
Motion carried, unanimous vote.
Mayor Hilde told Mr. Robeck that he can continue the retail sales of
nursery stock at 10930A Comity Road 19 under the terms of his Conditional
Use Permit,
R6: REZONING -
ELMBR ROBECK
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Mr. Dale Kennedy said he and Mr. John E. Boyer originally requested RE: REZONING -
reaoning from R-1 to R-3 of the property at 15th and Rosewood Avenues, BOYER 6 KENNEDY
but now they would like it to be rezoned R-2.
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Page 4, Regular Council Meeting, yugust 170" 1970`
SON was esde by' Coutct m v) eintz, second by Councilman Johnson rec-
o-eoding that this petition be referred back to,the Planning Cossssission
and there should be a'clarification made for the Planning Cbmission by
the petitioner concerning their intent of the R-2 request. Motion
carried, uaanisbus vote.
IMbTION vas made by Corncilman Johnson, second by Councilman Spaeth toJ
adopt RESOLUTION NO. 70-342, A RESOLUTION APPROVING A CONDITIONAL USE
PERMIT FOR LORRAVNE BEAM TO OPERATE A BEAUTY SHOP AND PERFORM DOG
GROOMING IN HER RESIDE10E AT 11625 STATE HIGHWAY 055. Motion carried,
5 aye roil call, vote.
MOTION was made by Councilman Spaeth, second by CouiacIb= ,;lohna&iti .tu-
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adopt RESOLUTION NO. 70-343, A RE"30LUT.IQN APPROVING THE VARIAi CE OF 88
7E@T AND VALVE THE 19000 FEET MINIMUM FLOOR REQUIREMENT FOR„M'"Y }
GRAPENTIN OF %. MEL MINNESOTA TO BUILD AT 2472 HEMLOCK LANE NORTH,
LUT 79 BLOCK 19 ELMHURST ADDITION. Motion carried,5 aye'roll„call vote.
MOTION was made by Councilman Spaeth, second ky Councilman Johnson to
adopt RISOLUTION N0, 70-3449 A RESOLUTION APPROV*NC THE CHANGE ORD®t
DL'IUCTION OF $140.00 ON THE CONTRACT WITH LOEFFEL-ENGSTRAND CO. FOR
VILLAGE HALL REMODELLING. Motion carried 5 aye roll call vote.
REPORTS BY OFFICERS, BOARDS b COMMITTEES
Engineer'Hagen reviewed his memo 070-79 and explained the color -coded
exhibit sups attached. He stated what his recommendations are for
upgrading the Four Seasons greenstrip area, time tables and cost
figures for same.
The Council discussed the exhibits and portions involving Mary Anderson,
Bel Mar Builders and McCrossan, Inc. It was expressed that the original
development contract with McCrossan should be researched as well as
Resolution 066-140, which was read by Mayor Hilda. The seeding, sodding,
watering, maintenance and grading was discussed. Park Director Reuper
was asked to make his comments. He said it took a mover and driver 16
hours a week to mow the greenstripping once at $1.00 per hour and cer-
tain portions were mowed four times. Once the weeds and erosion are con-
trolled the maintenace will be minimal he said.
Attorney Lefler was questioned about McCrossan's debt to the village. He
said this was ascertained by Consulting Engineers Bonestroo and Olson.
It vas suggested that they contact McCrossan in this regard and if no
results are obtained advise the bonding company that we will do the work
ourselves and bill them for the costs. Councilman Hintz recommended we
proceed with Projects A, R. C. E, F and G and leave out Project D until
contact has been made with McCrossan, Inc.
Mayor liilde suggested that the greenstrips be narrowed down to accomodate
bicycles and walking and give the remaining portion back to the adjacent
land owners. Attorney Lefler said this could he done by giving a Quit
Claim Deed for the piece of property involved. Council discussed the
pros and cons of this proposal and it was felt that eventually the adja-
cent residents will maintain the greenstrin after it has once been dec-
ently seeded or sodded, just as people do on boulevards. Interested
citizens in the hall were asked for their comments.
RES. N0. 70-342
CONDIT-ONAL USE
PERMIT, L. BEAN
RES. NO* 70-343
VARIANCE,, APPROVED
MARY GRAPENTIN
RES. NO. 70-344
CHANGE ORDER -
LOEFFEL-ENGSTRAND
RE: FOUR SEASONS
GRE0STRIPPING
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Page S. Regular Council Meeting, August 179 1970
Mr. 'John Maloney, President of 'the M!d&le East Homeowners Association, ques-
tioned an increase in taxes if part of the strip was given to them. The
attorney advised this action would create the 'necessity of issuing a deed
and other legal steps and is not just a simple thing to do. Mr. Maloney
said this is a nice: area, as Mayor Rilde and Councilman Spaeth testified
to after having walked through the area last weekend, and people keep
their lawns up and, as a member and officer of the homeowners association,
he feels effort can be exerted to have the residents maintain the green -
stripping and possibly put in shrubbery as well. Mayor Hilde suggested
rescinding the 1966 resolution and making a new start. Councilman Spaeth
asked -'when the sodding and seeding could be completed and Engineer Ragan
said it would be late August or September.
Mr. Dick Weidner, 9939 37th Ave. N., said a parkway should be sodded. By
past experience he has found that sodding is better than seeding as that
requires constant watering and tending to for some time, and asked if the
village will do that. Councilman Hintz said there is no way we can guar-
antee it. Mayor Hilde reminded his that the original contract only called
for seeding and sodding for eroded areas and told him we do not have the
water. In the southwest project area sod on the boulevards were valered
for three days, after that time the residents took care of it. Mr. Weidner
felt,,he problem would be better solved with sodding and said if you seed
we will have different lawns. He suggested possibly putting in gravel now
and sodding later. Then we will be happy to maintain it as it will match
our lawns.
Mr. Gerry Neils made a reference to the development contract and the clause
concerning site grading. He suggested that the question of maintenance be
deferred until they have had a chance to prove what the maintenance turns
out to be.
Mr. Ronald Bauerly said the homeowners will be willing to take care of it
as long as the orintnal job is a good one and watched until the grass
begins to grow and prevents erosion. There is another drainage problem
extendtna to the south from the intersection with just as much chance for
erosion ea the one marked for sod. He feels it will be a waste to seed it
and sod 10,ould be put in. Engineer Hagen said an examination should be
taade .
MuTION was made by Mayor Hilde, second by Councilman Hintz to adopt
RESOLUTION NO. 70-345, A RESOLUTION DIRECTING THE ACTING MANAGER TO
PROCEED WITH THE RECOMMENDATIONS MADE BY ENGINEER HAGEN IN HIS tM10
170-79, WITH TIZE EXCEPTION OF THE AREAS WHICH WE WILL ASK Co S,
MCCROSSAN, INC. TO FINISH AND ALSO PROVIDE ADEQUATE WATERING TO GET
THE GRASS SEED STARTED. IN THE EVENT 'MCCROSSAN, INC. DOES NOT COOPER-
ATE WITHIN A REASONABLE TIME THE VILLAGE WILL DO THE WORK IN AREAS D
AND G WITH THE VIEW OF CHARGING THE BONDING COMPANY FOR THE COST OF
SAID WORK. Motion carried, S aye roll call vote.
MOTION was made by Councilman Spaeth, second by Councilman 3ohnsos to
approve the letter ir..3m the Mtnuesota Highway Dept. dated July 12,
1970 regarding atcecs to Trunk W,ghway #55 from Gaylord Avenue And
accept their recommendttton concerning development of same, that this
road is to be developed and charged to the developer and we will prNwk
teed with same if the 0,%veloper requests it. Motion carried, unantmbus
vote.
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RES. N0. 70-345
PROCEED WITH
4 SEASONS GREEN
STRIPPING
REt ACCESS FROM
GAYL(oV AVENUE TO
HIGHWAY $55
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Page 6, Regular Council.
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Minutes, August 17, 1970
TION was made by Councilsan Johnson, second by Councilman Hints to
adopt RESOLUTION NO. 70-34610 A RESOLUTION DIRECTING THE ACTING MANAGER
TO HAVE THE PLANNER PROCEED TO REPLAN THE BASS LAKE PARR SITE THROUGH
THE DESIGN STAGE AND THE MANAGER IS TO RENEGOTIATE THE AGREEMENT CONCERN-
ING PURCHASE OF THE LAND AND COME BACK TO US WITH A REPORT ON OCTOBER
FIFTH. Motion carried 5 aye roll call vote.
Engineer Hagen reviewed portions of his Project Status Report. The
Council asked the Engineer and Consulting Engineers to advise thew Imme-
diately should anything occur to affect the completion date of the Lift
Station project. The Noyes contracts were discussed relative to what
progress has been made on -the part of the bonding company. Attorney
Lefler advised that it is possible(' the Village to step in now. Eng-
ineer Bonestroo said negotiations be made after September first with
three contractors to finish the Noyes contracts and,they could start
within three days without any problem.
Attorney Lefler said this alternative can be followed unless the bonding
company does something within the next two weeks. Mayor Hilde stated
some citizens have complained about their driveway conditions and he asked
Engineer Bonestroo if the ones that need emergency attention can be taken
care of and the expense charged back. Engineer Bonestroo said he could
take care of emergency situations.
MOTION was made by Mayor Hilde, second by Councilman Johnson to adopt
RESOLUTION N0. 70-347, A RESOLUTION DIRECTING THE ACTING MANAGER TO HAVE
ALL THE DRIVEWAYS INSPECTED INVOLVED IN THE NOYES CONTPtC TS AND HAVE THE
REAL SERIOUS ONES DUG UP AND,GRAVELLED IN ORDER THAT PEOPLE MAY GET IN
AND OUT AND THE EXPENSE REIMBURSED AT THE DISCRETION OF THE ACTING
MANAGER. motion carried 5 Aye roll call vote.
LICENSES 6 PERMITS
MOTION was made by Counci"man Johnson, second by Councilman 11inta to
approve the Well Driller License for Associated Well Co. of Hopkins and
the Gasoline Station and Cigarette Licenses for Ron's Plymouth Texaco
at 13700 Highway #35. Motion carried, unanimous vote.
CLAIMS b DISBURSEMENTS
MOTION was made by Councilman Johnson, second by Councilman Spaeth to
ADOPT RESOLUTION NO. 70-348, A RESOLUTION APPROVING THE REGULAR PAYROLL
DISBURSEMENT FOR THE PERIOD ENDING AUGUST 151 1970 IN THE AMOUNT OF
17,061.91, ALSO THE GENERAL FUND DISBURSEMENT IN THE AMOUNT OF
42,968.73 AND CONSTRUCTION AND SINKING FUND IN THE VIOUNT OF
8560580.94 FOR THE PERIOD ENDING AUG11ST 17, 197C. Motion carried 5 aye
roll call vote.
RESOLUTIONS b ORDINANCES
MOTION was made by Councilman Hints, second by Councilman Johnson to
adopt ORDINANCE N0. 70-33, AN ORDINANCE AMENDING CHAPTER VI, SECTION
OF THE VILLAGE CODE ADOPTING THE MINNESOTA PLUMBING CODE OF 1969.
Motion carried, 5 aye roll call vote.
TEES. NO. 70-346
BASS LAKE PARK
SITE
RE: PROJECT STATUS
REPORT
RES. N0. 70-347
DRIVEWAY
RESTORATION
RE: LICENSES
APPROVED
RES* NO. 70-348
DISBURSEMENTS
APPROVED
ORDINANCE N0. 70-33
3 1964 PLUMBING CODE
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Page 7, Regular Council Meeting, August 17, 1970
MOTION was made by Councilman Hintz, second by Coun:.ilman Johnson to
ADOPT ORDINANCE 110. 70-34. AN ORDINANCE AMENDING CHAPTER VIII, SECT.
5.20 OF THE VILLAGE CODE. Motion carried 5'aye roll call vote.
MISCF11ANEOUS
MOTION was made by Mayor Hilde. second by Councilman Johnson dire_ting
the Acting Matager to prepare a study and sample ordinance covering
alternate ways, of requiring dry pipies to be installed for sanitary
sever, water a nd gas for all developments where utilities are not
available Within the village and also furnish a study and 9p4ple ord-
inance that would allow particular types of development in the village
where water and sewer are not available. Motion carried. unanimous
vote.
Mayor Hilde auked the Council to submit their Goal b Objectives Report
to him,by Wednesday. August 19th,
Engineer Hagen asked if a joint meeting with the Planning Commission
can be,arrang+gid before the Thoroughfare Plan is presented for a public
hearing. After discussing ,what items will require revise it was dir-
ected that thea Acting Manager have the staff prepare a comprehensive
review for the September 14th meeting and include recommendations for
the public hearing schedule.
ORD. N0. 70-34
AMEND CHAPT. VIII
SECTS 5.20 DRAINS
RE: ORDINANCE
REGARDING UTILITIES
Amended 8/24/70
RE: GOAL AND
OBJECTIVES REPORT
RE: THOROUGHFARE
PLAN
Engineer Hagen said the Manager asked for the 5 Year Program and RE: 5 YEAR PROGRAM
he would like to have this ready in Sept. He vas told it should be
ready for the Sept. 14th agenda.
Acting *tanager Barnes said the village hall remodelling program is one
weep behind schedule. A X25 per day penalty will be applied.
MOTION was made by Councilman Hintz, second by Councilman Spaeta to
adopt RESOLUTION NO. 70-349. A RESOLUTION TO ASK THE MISSION FARM TO
DEDICATE FIVE ACRES OF THEIR PROPERTY FOR FIRE STATION N0. 2 WHICH
AREA WAS OUTLINED ON A MAP. Motion carried 5 aye roll call vote.
MOTION was made by Councilman Spaeth, second by Councilman Johnson
directing the Acting Manager to have an ordinance pr3pared to in-
crease the Councilmen's monthly salary fror, $100 to $200 and the
Ntayor'9 salary from $15n to $300 effective January 1, 1971, Mayor
Hilde felt that an increase from $150 to $250 was sufficient for
himself for the remainder of the term. Motion carried as made,
unanimous vote,
Councilman Spaeth suggested that the Acting Manager have the report
concerning juveniles received from Police Chief Hawkinson distributed
to citizens.
MOTION was made by Mayor Hilde, second by Councilman Johnson directing
the Village staff to make every reasonable effort to communicate and
relate to the school districts within our juriRdictton all matters of
community interest to the village and school districts regarding
location of school sites, planning, schedules of utility construction,
police and student relations, etc. Motion carried, unanimous vote.
RE: VILLAGE HALL
REMODELLING
RES. N0. 70-349
MISSION FARM
PROPERTY
DEDICATION
RE: COUNCIL
SALARY INCREASE
Amended 8/24/70
RE: POLICE CHIEF'S
JUVENILE REPORT
RE: SCHOOL DISTRICT
COMMUNICATION
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MOTIONI'vas made by Councilman Spaeth, second by Councilman Hintz directing RE: DEDICATION OF
the Acting Manager to have the attorney make a study for dedication of WORKHOUSE PROPERTY
vorkhogse Property for construction of Vicksburg Line and possible park
land dedication along Patkers Lake and obtain all necessary information.
Motion tarried, 5 aye vote.
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MOTION *as Lade by Councilmar .Hintz, second by Councilman Spaeth to RES. N0. 70-350
adopt RESOLUTION NO, 70-350, A RESOLUTION TO HOLD THE FIRST COUNCIL SEPTEMBER MEETINti
MEETING IN,SEPTEMBER ON THE .14TH DUE TO THE SEPTEMBER 7TH HOLIDAY.
Motion, c:a•,'v ted, 5 aye roll c -i11 vote.
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Mayor Hilde urged the Council to attend a meeting August 20th at 7:30 P.M. RE: MEETING -
in the Richfield Village Hall to hear the discussion by the Metro METRO COUNCIL
Counnti:. concerning tax disparities regarding sharing of taxes.
MO:ION was made by Councilman Spaeth, second by CowicilrAii Hintz to
adjourn at 12:05 A.M. Motion carried, unantnous vole.
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Attest:
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Al Hilde, Jr., r
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