04/26/1965 - 5973• CLL7, C, NCIL XZI'�,ETING AGENDA - APRIL 26, 1965 - 8:00 P.M.
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river of se bacl._ for Construction of Howard Johnson
,estaurant at Skywood Mall. Request by Sheldon
- ortenson,
2. 7esoiation Concerning Support of Legislation in
'etialf- of the N.S.S.S.D., Page 1.
Response to Legislation Limiting "local consent"
Prov- 4sions of Home Rule, Page 2.
:tazf Concerning Progress of Applications
.Lor Disaster Grants - re: Floored areas, streets, etc.,
Page 3.
• Con.).ceration of Possible Renewal Projects in River-
v.j ev, Heights,
?ai« Against City - Russell Underhill, Pages 4 & 5.
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SPECIAL COUNCIL 1XETING AGENDA COMMENTS - APRIL 24, 1965 - 8:00 P.M.
. B 11 +vee
1. Sheldon Mortenson contacted me Friday with a pressing request for
a waiver of setback requirements to close a deal to build a Howard
Johnson Restaurant at Skywood Mall.
They want the structure to be well in front of the other buildings,
and want the setback reduced from 100 feet to 50 feet.
Since Mortenson is at a very critical stage in his negotiations
and in need of a fast answer, and since I do not see that the
matter involves "hardship ", I don't see the need to refer the
item to the Board of Appeals. I think it would be proper for the
Council to consider the item directly.
Mortenson says there is no objection from adjacent owners. That
Spartan is amcious to have the installation to draw traffic to
the area.
2. This is a resolution addressed to Senator Hoium and Rep. Burchett
expressing support for legislation they have just introduced at
• the request of the N.S.S.S.D.
it provides for three significant things.
1. It specifically permits construction of a'disposal plant
according to N.S.S.S.D. proposal and use of River for
disposal of effluent.
2. It specifically gives unconditional right to certain
communities (such as Circle Pines) to become members
of the District without penalty.
3. it establishes a method of reapportionment of represent-
ation at such time as the Board reaches its maximum size.
My general reeling is that it is OK. I participated in writing
it...at the request of the House Committee on Urban Affairs.
3,, On Friday, the Senate passed a bill by Senator Rosenmeier to modify
(elim:.nate) the "local consent" provisions governing "Special"
legislation modifying Home Rule powers.
As it stands, it poses a serious threat to municipal powers.
• Used irresponsibly, it could mean that every significant local
question could be settled by the legislature, rather than the
local body.
SPECIAL COUNCIL MEETING AGENDA COMMENTS - APRIL 26, 1965 - 8:00 P.M.
• (Continued)
Presently, the Constitution provides that the legislature may
not enact "Special" legislation (as distinguished from "General"
ye, :�iation) affecting specific municipalities, without the
consent of the municipality.
If the Rosenmeier Bill becomes law, the legislature could pass
a special bill, relating only to Fridley, whether it represented
the wishes of the people of Fridley or not.
This means that legislators who couldn't care less, from Pipestone,
Blackduck, or wherever would (or could) be removing the question
from the local determination. We would be voting for only three
of the several hundred I R R legislators who would be determin-
ing the question.
At this point my information is not complete on the exact terms
of the bill and exactly how it would work. The question certainly
is not ALL bad, as I have indicated above, and Senator Rosenmeier
has been a good influence sofar as the suburban interests have
been concerned generally.
However, I think it is a matter of vital interest to us and we
should receive as much information as possible on it. If action
is indicated, it is imperative to act quickly.
has been doing a very fine job on this matter. I have hopes
o making substantial recovery of our expenses. I think you
should be informed of what is involved and the progress that is
being made.
As I advised you the other day, I made a rather urgent request
of Senator McCarthy concerning the flood plains in Riverview
Heights.
I had previously invited Elmer B inford out of HHFC Chicago Office
to evaluate City Hall area for a federal renewal grant. He was
in to =gin on Thursday and I also raised the question of Riverview
HeisI:ts.
• On _'riday he called and said he had been contacted by Senator
McCa =chy on the Riverview Heights question, and he could give
C ;TCIL N STING AGENDA COMbIENTS — APRIL .26, 1965 — 8:00 P.M.
• vim_::;
u3 sr,bstantial assurance that the Riverview Heights flood plain
woit.1 c: be approved for a renewal project and grant if we wanted
to do so.
The ciaal is that the federal grant pays 75/ of the net cost of
the project, the City would pay 25%. The 25/ of City participa-
tion could be in the form of °improvements" to the project.
Th ;� reans that we
and tarn it into a
The physical impro,
constitute most of
in g ( flood proof) ,
etc.
could clear out the Riverview flood plain,
riverside park, boat launching area, etc:
vements, which we would make anyway, would
our share of the cost ... such as shelter build -
pavinc, landscaping, lagoon dragline work,
They ,uestion now is, do you want to go in this direction or not.
. ti,y _personal feeling is that it is a good long range solution and
thin ae shcu ld proceed with it.
This implies that we should discourage local residents from making
large investments in the repair of their property, since it would
be demolished within a year or so. If you decide to not do such
a project, then, of course, we should continue to encourage im-
provement of the area.
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• RESOLUTION NO. 63 -1965
'r. :TOY 3XP- RESSING SUPPORT BY THE CITY OF FRIDLEY FOR H.F. #1816
_
= "711 RELATING TO THE NORTH SUBURBAN SANITARY SEWER DISTRICT,
rTS aEAS 02 7-ESPONSIBILITY FOR SEWAGE DISPOSAL SERVICE, AND AUTHOR-
3 "INi TING THE DISCHARGE OF TREATED EFFLUENT.
+EREAS, the North Suburban sanitary Sewer District has asked State
Senator Vernon So Hoium and State Representative Connie Burchett to
introduce certain legislation before the 1965 Minnesota Legislature, and
' EREAS, Senator Hoium has introduced such a bill into the Senate and
it i6 now numberec S.F. #1711, and Representative Connie Burchett has
in,cxo(.uced said bill into the House of Representatives and it is now
nurbered H.F. #1816, and
w7TciEREAS, this proposed legislation gives unconditional right of certain
.�,Limunities, not presently members of the N.S.S.S.D., to become members of
e District without penalty, and
111 -M EAS, this legislation specifically permits construction of a sewage
• -::sposal plant on the Mississippi River according to the N.S.S.S.D.
,oral for use of the river and for disposal of treated effluent, and
°.EAS, this legislation establishes a method of reapportionment of
:ion in the District at such time as the District Board reaches
size,
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Fridley:
o That the City Council supports this legislation (H.F. #1816 and
S.F. =;f1711) without qualification.
That the Council requests and urges the Legislature to pass this
legislation into law.
3. That the City Clerk forward copies of this resolution to Senator
Hoium and Representative Connie Burchett.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS 26_ i � DAY OF APRIL , 1965.
:'TEST:
..�z CLERK - Marvin C. Brunsell
MAYOR - 1- -i11 iam J. Nee
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RESOLUTION NO, 64 -1965
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PZSOLUTION OPPOSING AUTHORIZING THE LEGISLATURE TO GRANT OR WITHHOLD
THE CONSENT PRIVILEGE, THE BILLS BEING NUMBERED S.F. #720 AND H.F. #806.
WHEREAS, legislation has been introduced into the 1965 Minnesota
Legislature and received numbers S.F. #720 and H.F. #806, which bills
would tend to destroy Home Rule in the State of Minnesota, and
WHEREAS, this legislation provides no guidelines for the use of
said legislation by the legislature, and
WHEREAS, this Council is and has been opposed to legislation that
by general law would authorize the legislature to circumvent the con -
stitutional requirement of local consent,
NOTI, THEREFORE,•BE IT RESOLVED, by the Council of the City of
Fridley:
1. That the City Council is opposed to passage of the legislation
concerning the consent requirement as found in S.F. #720 and
• H.F. #806, in its present form.
2. That the City Council can support in principle, legislation
providing certain specific limitations on the local consent
requirement.
3. That the City Clerk forward copies of this resolution to the
Chairman of the House Civil Administration Committee, Mr.
George French, and author of H.F. #806, Mr. Robert Ashbach,
and also to Senator Vernon S. Hoium, Representative John
Nordin, and Representative Connie Burchett.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS 26TH DAY OF APRIL, 1965.
ff, �- 0, 1 q__t -<.
MAYOR - Will J. Nee
ATTEST:
•
CITY RK - Marvin C. Brunsell
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RESOLUTION NO. 65 -1965
RESOLUTIOU DESIGNATING AUTHORIZED REPRESENTATIVE FOR DISASTER COST
RBIMURSEMNT.
BE IT RESOLVED BY the City Council of the City of Fridley,
Minnesota,
THAT, Earl P. Wagner, City Managers
be and he is hereby authorized to execute for and in behalf of
the City of Fridley, a public entity established wader the laws of the
State of Minnesota, this application and to file it in the appropriate
State Office for the purpose of obtaining certain Federal financial
assistance under the Federal Disaster Act (Public Law 875, 81st
• Congress; 42 U.S.C. 1855 - 18559).
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
ISIS 2_.. H DAY OF APRIL , 1965.
ATTEST:
CITY CLERK Minvin C. Brunsell
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MAYOR - William Jo NO*
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WEGNER, WEGNER $ AMERMAN
ATTORNEYS AT LAW
is2337 CENTRAL AVENUE
MINNEAPOLIS, MINNESOTA 88418
O. WEGNER 789-8808
L. WEGNER
... `. AMERMAN
April 22, 1965
iz,7 of 2ridley
1y 4a1
�i'ev, 'innesota
a; _lusseli S. Underhill vs. City of Fridley
den,, _omen:
am enclosing herewith Notice of Claim in the above matter
• � : 3- s served urn you by mail p ursuant to Minnesota Statutes
—ocated section 466,05.
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Yours very truly, /
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TO THE CITY OF FRIDLEY, COUNTY OF ANOKA, STATE OF MINNESOTA;
YrW ARE HEREBY NOTIFIED that the undersigned, Russell S.
crni I the father of �!ichael Lynn Underhill, decedent minor,
in his capacity as trustee for the heirs of fM chae I Lynn Underhill,
7,okes demand upon you for damages for the wrongful death of his son
November 13, 1964, in the vicinity of 29th Avenue N.E. and
University Avenue N.E., in the City of Minneapolis, County of Henne'pig
State of l:linnesota, in the sum of Twenty -Five Thousand (�,�25,000.QO)
- ,lars.
The above claim is based on the negligence of one of its
n`iicoven, one Richard Huss, while acting as a duly authorized
a .:anr of the City of Fridley and while in the scope of employment
d c;uties as a police officer of said City. The decedent infant
was c r- - 3enger in the vehicle Officer Huss was pursuing at speeds
,n . -xc ss of one hundred miles per hour on University Avenue N.E.
This notice is made in compliance with the requirements of
`:i ^nE:sota Statutes Annotated section L16645.
)ate , Sri 1 - , 1965
' Russell S. Underhill
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