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01/22/1966 - 00021658� ,"'�t ; 4 ADJOURNMENT• There being no further business, Mayor Kirkham declared the meeting ad�ourned at 1Z;12. Respectfully submitted, � ' /% / / i/��— r�� �� � i���� «� s� �l � p���i�� (l�'%`�_ Mary Lu Strom � Jack 0 IZi kham, MAYOR ' Acting Secretary to the Council i� �� SPECTAL COUNCIL MEETING MiNUlES - JANUARY 22, 1966 The Meeting was called to order by Mayo'r ILirkham at 9;23 A.M. AOLL CALL MEMBERS PRESENT; Kirkham, Harris, Samuelson, Sheridan, Wright MENiBERS A$SENT: None CONSIDERATION OF STORM SEWER COST SHARING WITH ANOKA COUNTY - NffSSISSIPPI STREET; Councilman Sheridan discussed the various methods of handling the storm runoff necessary to improving Mississippi Street. County Commissioner Mike 0'Bannon was present and concurred in the figures and the discussion by Councilman Sheridan. � Councilman Sheridan stated that the County would participate in the cost according to the regular sharing formula, whether it involved ponding ponding and outfall, or increasing the outfall size. He stated that the City has an installation on Mississippi Street, at the University Avenue end of Mississippi Street, worth about $10,000 which probably should be deducted at 75% City cost, 25% County cost from the credit the CiLy was p.ving the County toward any addrtional outfall construction, except that the County would pay 100% for the catch basins and leads. Th�s would reduce the credit to about $35,OD0. If the Council was in accord with the cost sharing for the storm sewer, then the County could be advised that the Citywould go ahead. Motion by Wright, seconded by Harris, to accept the material relative to cost sharing on this pro�ect prepared by Councilman SherLdan, and concurred in by Commissioner 0'Bannon, as the policy of the Council Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried Motion by Wrigh�, seconded by Sheridan, to order preliminary study and estimate on options on ponding part or a11 of the drainage, and what minimal construction needs to be done before completion of Mississippi Street, said report to be ntade bq the Consulting �ngineers. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried � Duane Qlson, of Comstock and Davis, stated that there would be an effect on Pro�ect ��5577 which ties in with this pro�ect, and that the City might wish to construct part of those xnlets. OLUTION ik11-1966Id e TO TLdUNK PPI STREET PROM T4otion bq Wright, seconded by Sheridan, to adopt and pass Resolution iFll-1966. Upon a voice vote, there being no nays, Mayor kirkham decl2red the motion carried. � r�, �„ �� ADJOURNMENT; There being no further buslness, Mayor Kitkham declared the meeting ad�ourned at 10:00 A.M. Respectfully submitted, Earl P. Wagner Actt�g Secretary to the Council � �'�-c�� /`�✓�✓�c�w_ �ack 0. Kirkham MAYOR THE MINUTES OF TIIE REGULAR COUNCIL MCETING OF FEBRUARY 7, 1966 A regular meeting of the Council of the City of Fridley was called to order by Mayor Kirkham at 8;D2 P.M. ROLZ CALL MEMBERS PR�SENT: Kirkham, Harris, Wright, Samuelson MEMBERS ABSENT; Sheridan Councilman Wrlght addressed the Mayor and stated that he felt it was proper, before the Council turned to the MLnutes or took any action thLS eveing, that the record show that at an informal closed meeting, consisting of the five Councilmen, on Saturday, February Sth, Councilman Shezidan brought forth a resolution which he felt the Charter required the Council to adopt, because of an action at the meeting of January 4th in appointing Mr. Samuelson to the CounciL Councilman Wxight stated that it appears this appointment is legally defective. Councilman Wright stated further that he thought it would be proper for the Council Co hear a full 7ega1 report on this resolution, because the effect of this resolution could invalidate Council action He thought the record should show Chat the Councilmen have received a copy of this resolution and an oginion from City Attorney Smith, at the xequest of CouncLl- man Sheridan. He stated thae he had also placed in the hands of the Councilmen, tliis evening, a letter which Councilman Sheridan and himself had requested the Crty Attorney write the Attorney General of the State of Minnesota, asking his opinion on this issue. Motion by Councilman Wright that the Council acknowledge receipt of these documents and table consideration of the resolution pending receipt of the Attorney General�s opinion. The motion failed for lack of a second. Councilman Wright asked Mayoz Kirkham if he had received the resolution, a copy of the letter from the City Attorney and also the one sent to Attorney General Mattson. Mayor Rirkham stated that he did have a copy of the resolution and also of a letter written by Mr. Wyman Smith addressed to Mr. Wagner, the City Manager, dated January 24th which was 20 days a£ter the swearing in of Councilman Samuelson. These were not mailed, but handed to the Mayor and Councilmen personally February 4th Mayor Kirkham stated that it is his opinion and, he felt, Che opinion of Council- men Harris and Samuelson, that it was unnecessary for the Council to pass this resolution. He stated that Mr Samuelson was swcsrn in and is the Councilman until proven otherwise by the Courts. Councilman Wright requested that these documents be real aloud, which was done at this time, _ _ __ � ' L J Mayar Kirkham pointed out there was an error in the letter, in that it stated that the vote on the appointment was 3 to L Actually, he stated, it was not 3 to l, as the one vote was an abstention. Councilman Wright stated that, at that time, on Sanuary 4th, when Councilman Harris made the motion for the appointment of Mx. Samuelson, Councilman Wxight pointed out that he ob�ected, that he had been given no time to consider it, that it was a hasty motion, i➢ladvised and � � � �� 2/7/66 improper, and that this present action will allow the Council to rectify the defects in the Council's actions. Mayor Kirkham stated that, so that �e have all the facts, he would like to bring up a convers��ion from the Saturday, February Sth meeting, when Councilman Wright told the Councilmen that he had been advised by the City Attorney of the irregularity in the appointment at the same meeting when Councilman Samuelson was sworn in, Councilman Wright had said that at that time he had advised the City Attorney that they would forget it. Councilman Wright stated that it was the meeting of the 17th of January that he was made aware of this irregularity Councilman Wright stated that when the City Attorney questioned wheLher this was counter to the Charter and whether it was serious, Councilman Wright had stated that three of the legitimate four Councilmen have expressed their will, and if he were to contest their will at this point, it would appear ridiculous, and simply would be regarded as obstructionism which Mr. Wright did not want to be guilty of. Councilman Wright stated he would like to point out it was Councilman Sheridan who had initiated the present resolution declaring a vacan�.y, and it was Councilman Sheridan who came to the City Attorney, having determined in his own behalf, that the appointment was counter to the Charter, and asked the City Attorney to find out and give an opinion Councilman Wright stated that, at the request of himself and Mr. Sheridan, if the Council did not wish to cons:d.r this at this time, that it be placed on the agenda of the regular meeting of February 21st APPROVAL OF MINUTES, REGiTLAR COUNCIL MEETING - JANUARY 17, 1966_ Motion by Councilman Harris to adopt the minutes of the Regular Council Meeting of January 17, 1966 as submitted. Seconded by Councilman Samuelson Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried APPROVAL OF MINUTLS, SPECIAL COUNCIL MEETING, JANUARY 22, 1966: Motion by Councilman Harris to adopt the minutes of the Special Council Meeting of ,Ianuary 22, 1966 as submitted. Seconded by Councilman Satuuelson Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried C HEARING ON SPECIAL USE PERMIT FOR NURSING HOME - HAFNER (CONTINUED FROM [.. A respresentative for Mr, Hafner stated that at the present time they have Ueen unable to put their plans together. They would like to request the land Ue left as it is right now, so it would still be possiUle to build a nurs�ng home on this property at some future date Councilman Harris asked if Mr Hafner wished the Council to act to pass a Special Use Permit, When Mr Hafner's representative stated that they had no particular plans at the moment, the City Manager suggested the Council could grant a Special Use permit Lor a period of a year, and if, at the end of this period, nothing had been done, the Pexmit could be cancelled. - Mayor Kirkham asked if anyone else wished to be heard at this Public Hearing There was no answer and Mayor Kirkham declared Lhe Public Hearing closed Motion by Samuelson to grant a Special Use Permit, to be valid for one year, until such time as Mr. Hafner brings in plans and spemfications Seco�rded by Councilman Harris Upon a voice vote, there being no nays, Mayor Kirkham decl�red the motion carried. REQiTEST FOR A SPECIAL USE PERMIT TO CONSTRUCT A NURSING HOML IN AN R-1 DISTRICT (REQUEST BY WINSLOW & ASSOCIATES): Mr. Lindman, representative for Winslow & Assoc,a�es, stated that Winslow & Associates still want to get started on a nursing home. Mayor ICirkham stated that it was up to the Council to make a decision on this matter Motion by Councilman Harris to grant this Special Use Permit to Winsloza & Associates for a period of one year with the provision that they can come back with a satisfactory street pattern alignment to go with their plan Seconded by �dright, Upon a voice vote, there being no nays, Mayor ICirkham declared the motion carried. �� 2/7/66 RIVERVIEW H�IGI3TS PROBLEM (TABL�D 1/ll/66); The City Manager drew the Council's attention to an Ordinance recently passed by Anoka, which he thought might Ue of interest to the Council as it dealt with a similar problem, and also pointed out a letter from A. W. Windsor, 641 Cheryl Street N.E., regarding dikes for Riverview Heights Councilman Samuelson stated that the committee is not ready, at this time, to make a recommendation to the Councxl. Motion by Councilman Harris to receive the Ordinance and the letter and refer ' these to Councilman Samuelson's study committee. Seconded by Councilman Samuelson. There being no nays, Mayor Kirkham declared the motion carried. RESOLUTION ,��12-1966 CONCERNING T,H �k47 INTERSECTIONS (TABLED 1/17/66); Councilman Wright explained that this Resolution grows out of the open meeting the Council had with the Citizens of Fridley concerning the service drives along both sides of University Avenue and the traffic problems at the inter- sections. He stated that, at that meeting, the general concensus among the Councilmen present was to employ Hodne and Associates to make a survey and to make a detailed recommendation to the City on the most feasible, economical and Functional design for these intersections. Motion by Councilman Wright to adopt Resolution ��12-1966 Ordering a Feasibility Study for Frontage Service Roads. Seconded by Councilman Samuelson. There were questions from the audience inquiring why the traffic lights were not yet installed. Mayor Kizkham explained that the Minnesota State Highway Department will complete this installation �ust as soon as they have all of the necessary equipment Vote upon the Motion; Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. The City Attorney stated that the Charter requires that the resolution be read � The City Manager read the Resolution SYLVAN HILLS PROBL�M (TABLED 1/17/66): RESOLUTION �k13-1966 - A RESOLUTION ORD: The City Manager read the Resolution. Motion Uy Councilman G,Tright to adopt Resolution ��13-1966 Ordering a Feasibility Reporc. Seconded by Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. R�SOLUTION ik14-1966 - RECEIVING TFIE FEASIAIIITY REPORT AND ORDERING A PIIBLIC HEARING ON THE MATTER OF CONSTRUCTION OF CERTAIN IMPROVEMENTS; SANITARY SEY7LR PRO.7�CT N0, 76 ADDEDiDiTM -0�1 SYLVAN AILLS: The City Manager read the Resolution. A visitor to the Council Meeting asked how many homes this Resolution affects, and does the Council have any idea whether these people really want this improvement Mayor Kirkham stated that this would cover approximately 20 homes, and to determine whether the people want it or not is precisely the reason for the Public Hearing. Councilman Sdright explained that the public � hearing would be for all people, not �ust the ones suffering from back-up trouble. Motion by Councilman Wright to adopt Resolution -0k14-1966 Seconded by Council- man Samuelson. Upon a voice vote, there being no nays, Mayor Kirkh2m declared the motion carried. POLICE COMMISSION REPORT (TABLED 1/17/66); The City Manager stated that the Council had received two letters from the Police Commission One letter was relative to life insurance for Policemen and the other � �� z/i/66 letter says, basically, that the Police Civil Service Commission is withdrawing the request for additional pay to three policemen. The City Manager explained that the Commission recommends a$10,000 policy with double indemnity accident clause, to be as a participating program with 20% paid by the officer and 80% by the City Councilman Harris asked how many people are involved, and how is the police budget The City Manager explained there/a�out 20 people involved, and that the reserve would have to be used for the money. He suggested the Council could ask the Insurance Committee for a recommendation. � Motion by Councilman Harris to receive the two letlers from the Police Commission and refer the letter pertaining to life insurance to the Insurance Committee for further study. The motion was seconded, upon a wice vote, there being no nays, the motion carried. Councilman Wright stated he would like to clarify the record regarding the police pay scale, and asked if this problem hadn't come up before. The City Manager explained that he has discussed this matter in fu11 with Mr Whitmore and he believes the misunderstanding has been cleared up Uy spelling out the police pay sehedule on paper. Now that he knows what information the Commission wants, arrangements have been made to give it to them in the future Mr Whitmore stated that the pay schedule is now Ueing posted for the Police Department, and any misunderstanidng has been cleared up. IDN (TABLED 1/10/66 The City Attorney stated that the proUlem the Legion seemed to be having was in the 1D year requirement of continuous existence. No one was present representing the American Legion. Motion by Councilman Wright to table application for Club c�n--sale retail liquor license until requested to be reactivate�. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. � REZONING COMN�RCE PARK (TABLED 1/17/66); A representative for Mr. Hafner asked the Council where their rezoning request stood aL- this time. He stated that they have sold three light industrial lots in this area and would like to get started Mayor Kirkham stated that at the last meeting Mr. Hafner had agreed to wait until Mr. Aodne had re- evaluated his plans according to new developments. He was sure the Council . could give him word one way or another in two weeks. Motion hy Councilman Wright to table the ordinance rezoning Commerce Parlc to the Regular Council Meeting of Fe6ruary 21, 1966. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. CONSIDERATION OF OADINANCE - HOUSING CODE (TABLED 12/13/65, 12/20/65, 1/17/66): Motion by Councilman Samuelson, that due to the absence of Councilman Sheridan, consideration of this ordinance be tabled until the regular Council Meeting of February 21, 1966, Seconded by Councilman Harris Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried, SECOND R�ADING OF ORDINANCE - AMERICAN OIL COMPANY PRANCHISE• � The City Manager recommended tabling this item until the meeting of the 21st The City Attorney stated that by that time the two parties might have the problem solved satisfactorily to both parties Motion by Councilman Harris to table the second reading of the ordinance to grant a franchise to the American Oil Company to the regular Council Meeting of February 21, 1966 The motion was seconded, upon a voice vote, there Ueing no nays, Mayor Kirkham declared the motion carried SECOND �EADING OF ORDINANCE ik323 VACATING UTILITY P�ASEMENT - BLOCK 25, HYDE PARK: Motion by Councilman Wright to adopt, upon second reading, Ordinance 9k523 Vacating Utilrty Easement and publish same. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham decl�red the motion carried. �� 2/7/66 SECOND READING OP ORDINANCE �ik324 REZONING PORTION OF MELODY MANOR TO R-3A; Motion by Councilman Harris to adopt, upon second reading, Ordinance �'�'324 Rezoning Portion of Melody Manor to A-3A and publish same. Seconded by Councilman Wright. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. S�COND READING OI' ORDINANCE ��325 REZONING PORTION OF MELODY MANOR TO C-1; Motion by Councilman Harris to adopt, upon second reading, Ordinance #325 Rezoning Portion of Melody Manor to C-1 and publish same. Seconded 6y ' Councilman Wright Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. SECOND READING OF ORDINANCE �k326 VACATING 6 FOOT ALLEY, LOTS 1-8, BLDCK 13 SPRING BROOIZ PARK: Motion by Councilman Wright to adopt, upon second reading, Ordinance �'�326 Vacating 6 Foot Alley and publish same. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. BIDS - LIQIIiD CHLORINEi (OPENED NOON, FEBRUARY 1, 1966); The City Manager read the bids. He stated that Lyon Chemicals, Inc. have been supplying the liquid chlorine and they have been giving good service. He stated that this possible collusive bidding has been checked into before and it seems to be a common occurrance with chlorine and salt bids. Motion by Councilman Harris to award the hid for liquid chlorine to the Lyon Chemicals, Inc., 2305 Hamgden Avenue, St. Paul, Minnesota in the estimated amount of $2395. Seconded by Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried, BIDS - GASOLTNE (OPENED NOON, FEBRUARY 1, 1966): The City Manager read the bids. Ae stated that Sinclair Refining Company � was the previous supplier. He stated they bid a fixed discount, which would 6e beneficial to the City in case of a lowering of prices. Motion by Councilman Harris to concur with the Administration's recommendations and accept the bid of the Sinclair Refining Company under proposal A. The motion was seconded and upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. BIDS - TOWING AND IMPOUNDING (OPEN�D NOON, FEBRUARY 7, 1966); The City Manager stated that two bids have been received and read the bids. He showed the Council copies of the two proposals from the stations. Mayor Kirkham asked if each bidder had met a11 the specifications. The City Manager explained that Hess Mobil Service had not submitted a bid security. fte said that Shorty had called and he had suggested $100 to him, but that Hess had not called. Councilman Wright stated that he would like to call the Council's attention to several points. He said that Hess has two twenty ton rigs, the other Company only has one, and they are essential, especially for handling highway rigs He stated that Hess agrees to parchase a heavy weight tower. Also, that Hess, unlike Shorty, has had considerable experience in this kind of work, he was a tower for St. C1oud, he is available , 24 hours a day, he has demonstated he can do a good �ob, �ouncilman Wright stated that the difference in price is not great and Hess Mobile Service has noted that he is willing to ad�ust downward. Councilman Wright stated he thought it would be proper to be consistent in encouraging new husiness as they had done with the newspaper award and �rant it to Shorty�s for a period of three months only. He stated he would like to see a new towing firm have a chance. Councilman Samuelson asked whether the outdoor storage that was available would comply with the zoning regulations. He stated that Hess' Mobile � � � hasn�t the room. Councilman Wright stated that Hess would build a fence Mayor Rirkham stated that the area is residential and the fence was not in the specifications. Wright st2ted that the bidding was on service to be provided, Motion by Councilman Wright to receive the bids The motion failed for lack of a second. Motion by Councilman Harris to award the bid to Shorty's Towing Service Seconded by Samuelson. Upon a voice vote, Councilman Wright voting nay, Mayor Kirkham declared the motion carried. BIDS - W-75-C-2 - FILTER PLANT MODIFICATIONS: (�ID OPENED NOON, F�BRIIARY 7, 1966 : The City Manager read the bids. He stated that the Consulting Engineer's report and tabulations were attached, He stated that if the Council had any cquestions Mr. Comstock was present to answer them Motion by Councilman Wright to receive the bids and report and award the contract to the 1ow bidder, D. W. Hickey & Co , 1841 University Avenue, St Paul, Minnesota, 55104 in the amount of $171,178.00. Seconded by Councilman Harris. IIpon a voice vote, there being no nays, Mayor Rirkham declared the motion carried. PLANNING CDMMISSION MINIITES - JANIIARY 27, 1966: HODNE'S REPDRT ON 701 PROGRAM: The City Manager pointed out that the Planning Commission indicated approval in principle of the proposed Comprehensive Planning Program and recommended same to the Council He stated that if the Council concurs with the Planning Commission�s recommendation in principle, the report will then go to the State to have further detail worked out, then it will come back to the Council again for further approval, Councilman Wright stated that the Planning Commission and many cit:zens have voiced approval of this report. Motion by Councilman Harris to receive the report from Mr Hodne on the 701 Program and to table this item until a later date to be determined Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, the motion carried unanimously. BUILDING SOARD MEETING MINUTES - SANUARY 26. 1966: CONSIDERATION OF AN ADDITION TO REAR OF BLOWER COMPANY - 99 - 77TH WAY NORTH- EAST, FRIDLEY, MINNESOTA (REQUEST BY MR. BARP.Y): Motion by Councilman Wright to concur with the recommendation of the Building board and grant the Building Permit. Seconded by Councilman Harris Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried CONSIDERATION OF CON5IRUCTIDN OF APARTMENTS AND MOTEL EAST DF UNITY HOSPITAL (REQUEST BY FRED R�HBEIN, RANDOM, INC.): Motion by Councilman Wright to concur with the recommendation oL the Building Board and grant the Building Permit. Seconded by Councilman Harris Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried SAFETY COMMITTEE MEETING MINUTES, JANUARY 27, 1966: STUDY OF ALIGNMENT OF OSBORNE ROAD: Motion by Councilman Wright to accept the minutes of the Safety Committee Meeting and refer the item concerning a study of alignment of Osborne Road to the Planning Commission for their study. The motion was seconded, and upon a voice vote, there being no nays, Mayor I�irkham declared the moL-ion carried. PARKS AND RECREATION COMMISSION MEETING MINUTES: Councilman Wright stated that the Council has received a communication concerning the concession stand at Moore Lake Beach House, He stated that �� 2/7/66 � �� 2/7/66 the Parks and Recreation Commission evaluate this each year, and they should have this item on their agenda Motion by Councilman Wright to accept the minutes of the Parks and Recreation Commission and direct this letter to the Commission for their recommendetion. The motion nr,as seconded. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. FRIDLEY HOUSING AND R�DEVELOPMENT AUTHORITY MEETING MINUTES - JANUARY 12, 1966; Motion by Councilman Harris to receive and file the minutes of the Fridley Housing and Redevelopment Author_ity Meeting. Seconded by Councilman Wright Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried, COMM[TNICATIONS WATER POLLUTION CONTROL COMMISSION - PUBLIC HEARING: Mr. Comstock Consulting Engineer, stated he had little new to add since the previous meeting. He stated that N.S,S.S.D, will be represented at the meeting in March, although it might be adviseable to send a representative from Fridley, because ground water will be discussed in addition to surfa�e water. It was stated that the Administration could send someone to this meeting Motion by Councilman Wright to receive and file the letter from the Water Pollution Controi Commission. The motion was seconded and upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried, COMMUNICATION: CHIEF OF POLICE Motion by Councilman Harris to receive and file the letter from the Chief of Police, and coacur with the recommendation of the Police Chief and City Manager to continue to use all five police cars Seconded by Samuelson. Upon a voice vote, there being no nays Mayor Kirkham declared the motion carried. COMMlJNICATION: SAYCEES Councilman Samuelson stated he thought it would be to Khe Council�s benefit to form a committee to study the problem of public or private off-sale licenses in which the Fridley Jaycees and other interested organizations could be represented. Councilman Wright stated that he thought the organizations included in such a committee should be those opposed as well as those in Eavor of any change Mr. Wilbur Whitmore stated that it was the intent of the Jaycees to study all possibilities, both pro and con Councilman Harris suggested that the Council fo�ulate a committee as soon as possible so that the same actions would not have to be duplicated by other groups. Mayor Kirkham stated the Council could set up a committee when they hear irom the differenl interested gro�ips, perhpas they each could have a re�resentative. Motion by Councilman Harris to receive and file the letter from the Fridley Jaycees. Seconded by Councilman Wright. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. BOARD OF HEALTH R�PORT: The City Manager asked if there was anyth�ng in the report that the Council might like him to pursue further. Councilman Wright requested the Administration to report on the disposition of the duplexes at 56th Avenue and 6th Street. The City Attorney stated that according to the Hazardous Building Petition, a detailed list of repairs, that had to be made, were ordered. The Building Inspector had advised that this was done and the petition was dismissed. Councilman Wright stated that this is a11 fine and proper, but the opinion of the people living across the street is that there has not been an improvement, and Councilman Wright would like to see a detailed report from the Building Inspector on what led him to believe everything was now satisfactory. 1 ' 1 �� 2/7/66 Motion by Councilman Harris to receive and file the communicatxon from the Board of Health. Seconded by Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. DIRECTOR: MEMO - SECTION 66.021; The City Manager recommended tabling this item until the Counc�l has received more information pertaining to the Assessments. Motion by Councilman Samuelsan to table this memo to the Regular_ Council � Meeting of February 21, 1966, un�il more information is available Seconded by Councilman Wright. Upon a wice vote, there being no nays, Mayor Kirkham declared the motion carried. CITY ATTORNEY: CONDEMNATION ATdARD SS�f12: The City Attorney explained that the pro�ect awards have come in, been Li1ed and the prC�erty owners notified. He stated the bids were Uelow the estimates and he thinks they are good. He stated that in the proceedings there i�ad been no parcel for the Anoka Cuyuna Range Railway. He has spoken to them by telephone and they are agreeable to an amount of $1,700 as payment far a permit The City Attorney stated he has discussed this with the Assistant Engineer, the City Manager, and the Consulting Engineer and they recommend the Council pay an additional amount of $1,700 00 to PMC for the right to go through the reailroad tracks with an open cut The approval of Uoth the Fridley and Columbia Heights Councils is necessary Motion by Councilman Wright to approve the awards as received by the City Attorney and mak° payment of an additional S1,7D0 for a permit to go through the Anoka Cuyuna Range Railway right-of-way Seconded by Councilr�an Samuelson, Upon a voice vote, there being no nays, the motion carried. CITY ATTORNEY: TAX FORFEIT LOTS The CLty Attorney stated that the Finance Director has been working with the � County Auditors office on the list of 1ots, and when the Council get the list they could then authorize, by resolution, that the Finance Director withdraw the Certific�on of Assessments at Anoka on each specific loL-. Ae felt that each lot should be identified very careFully in that resolution Mr. Brunsell, the Finance Dixector, stated that an employee has been going to the Auditor's office every day for a month or six weeks and the list of lots and assessments is now ready for the Council at any time. He stated that the County Auditor said he was in no hurry as they won't be ready f-or another two or three months Motion by Councilman Harris to receive and file the letter from the City Attorney, The motion was seconded, and upon a voice vote, all voting aye, the motion carried. CI.AIMS : Motion by Councilman Harris to approve General and Public Utilities claims ��7711 through ��7901 for payment. Seconded by Councilman Wright Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried Motion by Councilman Wright to approve liquor claims �k8212 through �k8251 for payment. Seconded by Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. � ESTIMATES: Councilman WrZght asked Mr.Comstock, Consulting Engineer, the status of Pro�ect No, 75-A. Mr. Comstoc�<, stated that Lhree we11s have been completed, the pump houses are being completed, and the wells will be able to operate early in the spring. Motion by Councilman Harris to approve the following estimates: Barton Contracting Company 10300 - 89th Avenue North Osseo, MinneSro ta �stimate if2 (FINAL) Water Improvement Pro�ect $ 5,429 77 No. 75-F (T.H. %47 Watexmain relocation) �� 2/7/66 Larson Sank Company 13001 Hideaway Trail Minnetonka, Minnesota 55343 Estimate ��2 (FINAL) Tornado Damage - Fridley Water Tank Tower ICeys Well Drilling Company 413 North Lexington Parkway St. Pa�el, Mxnnesota, SS1Q�+ �stimate �k11 (PARTIAL) Water Improvement Pro�ect No. 75-A {Three Aditional Drift Wells) Lametti & Sons, Inc, 2560 North Cleveland Avenue St. Pau1, Minnesota 5113 Estimate �i{�2 {PARTIAL) Storm Sewer Improvement Pra�ect No. 12 (T,H. �F47, South of T.H. 4�1D0) F. D. Chapman Construction Company and Randall & Berglin (a �oint venture): 2809 Alabama Avenue Minneapolis, Minnesota 55416 Estimate �k6 (PARTIdL) Storm Sewer Improvement Pro�ect No. 73, and Sanitary Sewer, Water and Storm Sewer Improvement Pro�ect No. 73-A, (54th and Innsbruck Sth Addition) Minnesota Tree Service 169 Shady Oak Road, P.O. Box 399 Route 1 I-Iopkins, Minnesota �stimate i�l (PARTIAL) Locke Park Tree Removal Pro�ect LICENSES• $ 409.50 $26,194.50 $46,099.80 $ 4,233.24 $ 3,035 23 Councilman Wright stated that at the request of a number of residents in the Paul Schwartz development, he was asking the Council to table, for two weeks, the last three multiple dwelling licenses belonging to Paul J. Schwartz The neighboxs wish to have a discussion with Mr. Schwartz concerning his commitment to give them use in perpetuity of the swimming pool in the apartment complex. Mr. Schwartz had offered them this access, which has since been with- drawn, in exchange for some concessions they had made to him, Councilman Wright feels it is pertinent that the Council take cognizance of his not comply�ng with tfie residents' request in spite of the health reports the City has had that the swimming pool is quite adequate for the number of people that would tae using it. The City Attorney stated that these multiple dwelling licenses have been extremely hard to collect, and Mr. Schwartz �ust recently settt the fee in which was due last September, after numerous letters. He stated that they are not licenses until the Council accepts the application. Motion by Councilman Wright to approve the following licenses, with the exception of the three licenses to the Paul J. Schwartz Construction Company for apartments on Charles Street, and to table those items for two weeks and have the City AdininistraLion inform Mr. Schwartz that this question has been raised by the residents, and the residents will get their action by the 21st of February, and will hear from Councilman Wright in the meantime; ELECTAICAL Kaufman Outdoor Advertising Company by: John F. Millard 315 North Washington Avenue Minneapolis, Minnesota RENEWAL 1 1 1 ' � L. _ J EXCAVATING Arthur Kellexman 10140 Pa1m Street Northwest Coon Rapids, M7.nnesota GAS SERVICES Burniece's Division of Commercial Air Conditioning, Inc 811 Park Avenue Minneapolls, Minnesota 55404 GENERAL CONTRACTORS D & G Builders 3542 Benjamin Street Northeast Minneapolis 18, Minnesota by; Arthur Kellexman by: Arthur Vanselow by: Donald R. Pielow Dietrich Construction Company 4134 Thomas A�enue North Minneapolis, Minnesota by: E. E. Dietxich R�chard Vossen 5246 Logan 9venue North Minneapolis, Minnesota 55430 by: Richard Vossen HEATING burniece�s Division of Commercial Air CondiCtoning, Inc. 811 Park Avenue Minneapolis, Minnesota by; Arthur Vanselow Northern Air Conditioning Company 414 Sixth Avenue North Minneapolis, Minnesota, 55401 by: L. F. Nlurry SIGN ERECTION Brede, Inc. 2211 Broadway Northeast Minneapolis, Minnesota by; James P�ratland Kaufman Outdoor Adveztising Co. 315 North Washington Avenue Minneapolis, Minnesota by; John P. Millard MULTIPLE DWELI,INGS, 1965-66 Period ADDRESS OF APT. BLDC Edgar Bernard 5370 Fifth Street N E 2605 Ninth Avenue N. Fridley, Minn , 55421 Anoka, Minnesota 'Berton Cross 5801 Second Street N.E Fridley, Minn. 55421 Dee Bee Contracting Co. 333 Rice Creek Terrace N.E. Fridley, Minn. 55432 Dee See Contracting Co. 333 Rice Czeek Terrace N.E Fridley, Minnesota 55432 5801 Second St N.�. FrLdley, Minnesota, 55421 6670-80-90 Lucia Zane N E Fridley, Minn. 55421 5430 Seventh St N.�, Fridley, Minn., 55421 Olaf Lundgren 2355 Regent Avenue N. 16� Mississippi Place N C Minneapolis 22, Minn. Fridley, Minnesota, 55421 (SEE STATEMENT AT BEGINNING OF LICENSES) Paul J. Schwartz Cons. Co. 4020 Minnetonka B1vd, 180 Charles Street N E Minneapolis, D1inn. Fridley, Minn., 55421 �' � � �-� �� ZI7166 NEW N�W NEW RE�dEWAL R�NEWAL ia�w NEW RENEWAL RENCWAI APT UNITS EEE PATD 3 $10 00 3 $10 00 48 $48.00 �4 $34 00 4 $10 QO 12 $12 00 �4 2/7/66 Paul J. Schwartz Cons. 4020 Minnetonka B1vd. Minneapolis, Minn. Paul J. Schwartz 4020 Minnetonka Blvd. Minneapolis, ytinnesota CDNTRACSORS LICENSES CAFE Retail Donut Bakery 5351 Central Ave. N.E. Minneapolis, Minnesota CZGARETTE LICENSE Co. Country Club Market, Inc. 6275 Highway ik65 N.E. Minneapolis, Minn. In & Out Food Market 7449 E. River Rc�ad Minneapolis, Minnesota D�LIVE$Y TRUCK Anoka Cleaners 1911 Second Ave. S. Anoka, Minnesota GARBAGE COLLECTION Suburban Pickup Service Inc. 4115 Woodland Road Lexington Park, Minnesota OFF-SAIT, LIQUOR In & Out Food Market 7449 E. River Road Minneapolis, Minnesota Country Club Market Inc. 6275 Highway �E65 N.E Minneapolxs, Dffinnesota 179 Charles Street N.E Fridley, Minn., 55421 101 Charles Street N.E. Fridley, Minn. 55421 by: Vernon Shaw by: Harold P. Rehaunel 12 $12.D0 12 $12.00 by: Robert H. & Rita M. Waste by: Sam Hymanson by; Jack Gallagher by• Robert H& Rita M. Waste by; Harold P. Rehaunel , NEW NEW ISEW NEW NEW ' NEW NEW The motion was seconded, upon a voice vote, there being no nays, the matxon carried PETITIONS; NO 1-1966: Ntotion by Counc�lman Harris to receive Petition No 1-1966 and refer it to the City Administration. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. RENEWAL OF YOUTIT CGNTER LEASE: The City Manager stated that the Fire Department has reservations about the use of this building for the Youth Center. Motion by Counc�lman Wright that the Council receive the oral request and direct the City Administration to execute a lease wrth the Fridley Youth Center, Inc., on the same terms, covering the coming one year period, pending approval by the Fire Inspector Seconded by Councilman Harris. The Mayor asked if there was any discussion. Councilman Samuelson stated that he noticed in the lease that the Council doesn't have any control, and he has heard some disconcerting reports about the difficulty they have in chaperoning, and he was wondering if the police have encountered any difficulty there. Mayor Ki.rkham stated that he has been infoxmed by the police Department that they average about three calls per dance, and he would prefer to lay this over � �� 2/7/66 � � until the problems could be studied. Councilman Samuelson stated that he would hate to approve a le_se when the Council has no control and the police have been having a problem. The City Attorney e�plained that a written lease continues from month to month until it has been terminated, and as long as the Counc�l hasn't terminated the lease, the Fridley Youth Center, Inc , does have a valxd month to month lease. A new lease could Ue set up with any conditions the Council wanted. A visitor to the Council Meeting stated he would like Co see a committee set up to study this ;�cablem. He stated he was a parent and did'nt like what was going on. Councilman Samuelson asked him �f he wanted to form a committee The visitor sta�ed he would not mind working on a committee, as he would like to see some action takea. Councilman Wright stated that as an unofficial Council representative specializing in Parks and Recreation and as one of the original incorporators of it, he would be happy to appoint a committee to work with the Council on this, and that he withdrew his previous motion. Motion by Councilman Wright to continue the present lease in effect pending receipt of a report from a Citizens Committee on the operations of the youth center. Seconded by Councilman Harris, IIpon a voice vote, Chere being no nays, Mayor IZirkham declared the motion carried APPOINTMENTS: ADDITIONAL POLICE PERSONNEL: Motion by Councilman Wright to approve the following police appointments; Waldemar 01sen, 4510 Stynson Blv3 replaces Ivan �ricson Norman Pomeileau, 1520 Washington SC. N E. New Position Robert Wilhelm, 212 Ely Street N.E. New Position Bennhard Hedlund, 4501 W. Broadway New Position Secon�e� by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. APPOINTMENT: Motion by Councilman Wright to approve the following appointment; Inez Kapala Clerk-Steno Replaces $319 00 6473 Taylor Street N.E. Public Worss Judi per Fridley, Minnesota 55421 Department Ruehl month Seconded by Councilman Hariis. Upon a voice vot_e, there being no nays, Mayor Kirkham declared the motion carried APPOINTM�NT: CITY ATTORNEY The City Attorney stated that he would like to make a statement. Fo1lowLng is Mr. Wyman Smith's prepared statement. "Mayor Kirkham, over the past month, has asked me on four occasions to submit my resignation as Fridley City Attorney. I must now give a puUlic answer to these requests. As a pxofe�sional man I am most aware that these can be no valid � attorney-client relationship without confidence and respect be- tween client and the attorney. The cllent in this instance is a municipal corporation with five persons making its decisions Presently the two incumbent Councilmen, Sheridan and Wright, have personally requested that I not resign, and that I continue on as City Attoxney, The Mayor and Gouncilman llaxris axe zn agreement that a change should be made Three of these four memUers, under the City Charter, caa agree to the appointment of the fifth member of the Council. Sheridan and Wright have staled that neither would vote for a person to make up the fiflh member unless he were a person uncommitted to make changes in the Administration except for �ust cause. Sheridan was advised that Leonard Samuelson would be free and uncoimnitted and consequently did support his appointment at the Council Meeting of January 4, 1966 �� � 2/7/66 Sheridan is out of the City tonight and cannot voice his own views. However, on Saturday night he advised me that at an informal meeting held on Saturday, FeUruary 5, 1966, he expressed himself to the other members of the Council and to Leonard Samuelson that he would not again vote for a person to fill the first ward Council seat who was not uncommitted to Administrative changes Unt�l a ma�ority of the City Council requests a change in City Attorney, I feel a duty and an obligation to continue, To do otherwise would allow the business men and citizens of Fridley to assume that I no longer have an interest in participating in the local government. ' The contrary is true. I have lived in Fridley since 1950. I had- the privilege of representing the original incorporators in I949 I have served as its attorney for almost 12 years which is better than two thirds of its total existance The last appointment was when my law firm was selected from a flumber of applicants by the aflirmative vote of Nlayor Nee, Councilman Sheridan, Councilman Johanson and Councilman Erooks. It is my opinion that my firm has furnished quality professional service. A11 legal matters have been performed timely and a[ modest and minimal charges. I have earnestly tried to furnish legal advice to all departments of the City with recognition of the requirements of our Council-Manager plan. It is my v�,ew that all of the voting members of the City Council, both past and present and limited to the years when I have acted as attorney, have been earnest and dedicated persons. There has been no dishonesty or mrruption of aay kind whatsoever. I have Ueen emotionally involved in the growth of Fridley. I have tried to assist in making our City a healthy, pleasant and propserous communi ty . The City Attoraey does not establish policies for the City Government, this fLm�on lies exclusively w.tth the City Counc.tl As a part-time legal consultant to the City I have felt obligated to refrain from � participating in local government elections. Consequentl�, during ' the election of last fall, I did insultate myself from participating, even though my friend and neighbor Bill Nee lived next door and m}n, long time friend Councilman Glenn Thompson lived just down the street I also refused to publicly discuss the issues involved in the Housing and Urban Renewal Bond Issue. As a board Member of the Senior Fridley Chamber of Commerce, I continuously advocated that members be exposed to the pros and cons by the respective advocates and the❑ permit them, through our traditional system of private and secret balloting to determine the issues. We are a big City nowo There are ma�or unresolved problems for this Council to work on. The legal work for the City is complicated andheavy The largest firms in the Tw�n Cities represent parties having law suits against the City. My 1aw office presently has at least 85 open legal files involving the City of Fridley. The present City Administration is well coordinated and has the respect of Municipal Government experte throughout the State. The Administrative work of the City, including the work of the City Attorney, should not be turned over to neophytes and should not be shifted around to accommodate political payoffs. The City Council is like the Board of Directors of one of our large insritutions. Directors paid to bring new policies and new insights into the work of a corporation. Administrative personnel do what they are ' told and adapt themselves to new policies. Ma�or unprincipled changes in Administration are childish and do not reflect mature �udgement. You and all of us w111 attract industry and present a good image when as a City we can fight over the quality and kind of leadership we want, the ma�or policy differences such as Federal ald versus no Federal aid, and yet keep a sound and healthy Administrative organization To disrupt effective Administration and to introduce the spoils system iato local government will only strain and blight the lo�tiest principles and better leadership. I thank you for this time, and the satisfaction I have already received from my years of fighting for Fridley has been most cherished. Whate�rer you do I will try to coope.rate and share in our hope for a better future," ' When the City Attorney had finished his statemene, Councilman Harris stated that he felt he should apprise the people in the audience of a meeting, alra�dy referred to by Councilman Wright and Attorney Smith, held Satux�day afternoon. At this meeting all five members of the Council were present, and a discussion cenCering upon the City Attorney was presented Each Councilman had a chance to state his own views and ideas, and at that time, Councilman Sheridan Cook it upon himself to have a straw vote. The ma�ority of the Council appeared, at this time, to want to exercise a pxeogative that is given to them under the City Charter, whLCh states that the City Attorney serves the Council at the Council's pleasure. IIpon findLng that the vote was aot to his liking, Councilman Sheridan then introduced a resolution, not as a resolution as such, but more or less as a veiled threat to intimidate and impugn the char�cter of the rest of the members o£ the Council of the City of Fridley. For this reason, he staLed, he was exercising his right as a duly con�tit�Led Councilman, the right and privilege guaranteed to him by the City CharCer, Co make a motion at this time. Motion by Councilman Harris that the Council appoint Mr. Virgil Herrlck of Weaver, Ta11e and Herrick as the City Attorney Seconded Uy Councilman Samuelson. Councilman Wright stated that this action whzch is proposed by motion is improper and illegal. He stated that it violates the working protocol which is the simple curtesy to inform one anoCher of ma�or decisions, as to *�hat ones thinking is, the fact that it is coming up, and the right Co Ue sure every Counc�lman has the right to be heard. He stated that he would like to make a statement which Councilman Sheridan had asked him to make in his behalf . Councilman Sheridcn's statemeat, as read by Councilman Wright, is as follows: "Mr. Mayor, it appears to me as of this date, that you have tried to run the City by a secret power bloc and repeatedly have shown that your word is not to be taken or trusted, ' You called me to a lunch with Councilman Harris for the appointment of Mr. Samuelson. When I left that meeting I had the firm under- standing that you sought to name Mr. Samuelson, and you sought my support with explicit assurances that you would not attempt to name him wiChout consulting Councilman Wright, and more important that he and you and Councilman Harris would agree that no political appointments would be made and no professional employees or consult�nte would be a�i�miesed nr reinov<.�d �,4.thout serious cause � Since then Mr. Mayor, as soon as you got your three vote margin, you have repeatedly and consistently i�nored the rights of m�self and Councilman WrLght to particLpate in the governing of this City." Councilman Wright the❑ stated he would like to make a statement of his own. "It is clear to me, Mr. Mayor, that you and your voting bloc are exceedingly zealous to take a dictatorial command oi the City. Not on any mandaYe, not with the interest of the Citizens al heart, but with the interests of your power group, In your zeal to do this and to grab Faaer, your first action �,�as hasty and ill considered. I called it to your attention at the time, and I only wish Cou-�cilman Sheridan had a similar view. It was hasty, it was improper, and now it appears iC was defective, so this Council is operating tonight under the possibility, as we have been since January 4th, that our actions wi11 be throwr. out by the C�aurt. Such al� action could hurt the interests of a number of cirizens, many of whom we haven`t even thought of, whose names haven`t appeared before us, but who are indirectly hurt by the defective actions of the Council, could result in a lawsuit which would embarrass the entire City and do no good for its image Up Lo now we have taken no act�ons as a Council, on which Mr. Samuelson's vote was ctitical. The motion before you now, because I intend to voL-e against it, if it passes, would be such an action. You made a campaign promise, Aqayor Kirkham, to work with any and all Councilmen and Citizens. I have it ir, writing Yet, you have repeatedly failed, not only to consult with and to hear the opinions of two Councilmen, but .a�tually you have refused to permit anyone but your three man "�unta" to know what schemes and actions you propose to work your political whims. �� ,� � On the afternoon of February Sch at a closed informal meeting, I asked you about item 31 on tonight�s agenda, and you refused to tell me who your �unta was going to appoint, �ust as you tefused to tell me who you were going to name to the City Council until the very night before the action was taken, thus depriving me of my right to consider, evaluate and vote as a minority member of the Council. The result of this high handed �unta has been a serious damage to the morale and effectiveness of City employees and lowered the public faith in the capacity and integrity of this Council. Mr. Mayor, you have an obligation to the people who elected you. You have an obligation to the people represented by Mr. Sheridan and myself. You have an obligation to your word given to Mr. Sheridan that you would not seek this action. You have an obli�a- tion to your oath to support tfie Charter of the City of Fridley. We don't govern by �unta, Mr. Mayor, we govern, or try to, by due process of the law and democratic process of the representative form of government. I hope you wi11 recall this fact, which you once knew, and change this course of action. If this motion were to pass, we would not be serving the City's interest. We would, at the expense of the taxpayer and crtizen, at the expense of the welfare of the City, and at the expense of representative government in Fridley, and at the expense of honesty and integrity, at the expense of a11 these obligatioas, if we were to adopt this motion we would be okaying your political payoff. On one of the four occasioas when Mayor Kirkham secretly and privately asked Wyman Smith to resign, the Mayor told Wyman Smith that three members of the Council--he calls them the new Council, he doesn't call them the �unta, that's my word--had determined that Wyman Smith should resign, This statement was categorically and deliberately false. Confirmed by Mr. Smith in subsequent conversation with Mr. Samuelson This is the kind of action, Mr. Mayor, that wi12 get none of us anywhere. I have agreed to work with you in anyway that I can. I have offered counter proposals, I have offered a way of correcting the defect in Mr. Samuelson's appointment, and I have offered to support Mr. Samuelson himself in reappointment. The important thittg is, Mr. Mayor, that we act legally and properly. With due consideration of Councilman Sheridan, who has expressed to you directly and through me, his opposition to this action, I therefore request that the Council tahle this action until receipt of a legal clarification and until the presence of Mr. Sheridan, in fact a11 five Councilmen, can be assured. �fhis is no more, Mr. Mayor, than the courtesy given to you by the previous Adm�.nistratioa, as a minority member on numberous occasions." Counc�lman Wright stated that the Motion is on the floor, and he thought it was in order to table this action. Mayor P.irkham asked Councilman Samuelson if he had any comment Councilman Samuelson stated that he had been appointed on the 4th of Sanuary and, at that time, had not solicited the mob, nor did he have any preconceived programs regarding this staft. He stated that the resolution which was presented and discussed earlier this evening, he felt, should have been prepared and ready at the January 4th meeting, since it was rather obvious that the vacancy would exist. This resolution was brought up after it was apparent that his vote would not be in favor of Mr. Smith. He stated that, as it has been mentioned at our meeting on Saturday, this resolution could be passed over lightly if the situation on Mr. Smith �ould be ignored. It was on an ultimatum Uasis, and this reaffirmed Councilman Samuelson's present position He stated that he feels personally he does not want to be in any position for pressure in politics, and wants to serve the Community �n a fair and honest way. Mayor ILirkham then called for a second to the motion by Councilman Wright to table this item. The motion failed for lack of a second. , ' ' �� � 2/7/66 Mayor Kirkham asked if there was any discussion. A visitor, Mr. Barrow, stated that he thought the Council would be we11 advised to wait until Mr. Samuelson's appointment was legally sac�ctioned, He stated he would like to wait until Mr. Samuelson is legally my Councilman, i� he is not, any acCion taken would be illegal. Mayor Kirkham stated that he had legal advise that would indicate that Mr. 5amuelson was Mr. Barrow's Lega1� Councilman, and he had been advised that this would be determined in the courts. � A visrtor asked Councilman Samuelson the reasons he voted against City Attorney Smith. Councilman Samuelson stated that Che basic reason he committed himself as he did, was primarily conflict of interest, he was an atL-orney for the school board, the Urban Renewal Commission, City of Fridley and also a landowner within the Urban Renewal area. Wyman Smith stated that, if anything, the School Board xenaming him attoxney is honorary, he does not meet wLth the School Board and has done little or no work for them in the last ttnw years. He explained that he had sold his property in the Urban Renewal area, and the Urban Renewal Comm7.ssion, for all practical purposes, was now defunct. Councilman Wright stated he would like to ask three questions of the Mayor and one of Couacilman Samuelson. He stated that one person had asked Mayor Kirkham from the floor, where he had gotten the legal advice which he says he has that the appointment oE Mr Samuelson was not defective. Nlayor Kirkham stated he chose not to answer this question. Councilman Wright stated that the second question which had been asked from the floor was, what do you have in your own mind which makes you quesL-ion the competence of Mr. Smith to serve the City of Eridley. Mayor Kirkham stated that he had nevet asked Mr. Smith to resign, he had offered him the opportuttity to resign, He stated he had several reasons, but Uelieved a � recent happening would be a good example. He stated that the resolution that has been discussed, if it was necessary, would have been ready knowing there would be a vacancy. If this truly was an illegal act, the City Attorney should have brought it to the Mayor's attention immediately instead of waiting until this last Saturday when it was found Mr. Samuelson's vote would not Ue in his favor. Councilman Wright stated that he would like to remind the Mayor that the action and the resolution were initiated by Councilman Sheridan Councilman Wright stated that his third question was--did you ever resign as first ward Councilman. Mayor Kitkham answered that he had not. Councilman Wright then asked Councilman Samuelson if he hadn"t said that, if Attorney Smith ever resigned or was asked to resign, he felt it was essential to avoid any kind of_ polrtical payoff, to appoint a non-Anoka County law fLrm with considerable experience in Municipal attorney work. Councilman Samuelson answered that he had said this at the time, but his opinion changed last Saturday. A roll call vote was called for lay Mayor Kirkham on Councilma❑ Harris' motion to appoint Virgil Herrick the City Attorney: Kirkham, Harris and Samuelson voted aye, Wright vote�? nay xequesting the records show he o67ected Lo this proceeding on the grounds it was illegal and improper, Mayor Kirkham decl��ed the motion carried and asked the new City Attorney to �oin the Council � The Mayor declared a five minutes recess. The Mayor reconvened the Council Meeting at 11;30 P.M FIR� DEPARTMENT ELECTED OFFICERS FOR CONFIRMATION: Motion by Councilman Wright to receive the communication and approve the £ire Department election of officers. Seconded by Samuelson. Upon a vozce vote, there bexng no nays, Mayor Kirkham declared the motion carried. SEWER AND WATEA CHAR.GES - PROP.ATED: Motion by Councilman Hazris to prorate sewer and water charges to cover affected homes in the Sylvan Hi11s atea and any flood damaged homes, that were affected, i �� � 2/7/66 for a period to be determined in individual cases by the Administration. The motion was seconded, and upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. POSSIBI,� AMENDMENT TO SECTION 3.06; The City Manager stated that he had changed his thinking on this ordinance amendment. At the time he discussed this with the Attorney General, he had the understanding it could make a difference of thousands of dollars to the City, but at this time he would like to suggest, after discussing it with the Fire Chief, that the Council provide for the volunteer Firemen on the sacae basis as regular employees, but at 1st class firefighters pay, He ' suggested they could use Columbia Heights pay schedule less Workman's Compensation. There was a discussion between the Council and the Fire Chief concerning the 6est way to finance and provide for the volunteer firemen. Motion by Counc.tlman Harris to instruct the City Attorney to draw up an ordinance, regarding wage payments during period of in�ury, covering the volunteer firemen, and have, in addrtion a disability leave schedule based on fire fighters lst class pay schedule. The motion was seconded by Councilman Wright, Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. RESOLUTION �k15-1966 ORDERING PRELIrIINARY PLANS, SPECIFICATIONS, AND ESTIMATES - SW i�79: Motion by Councilman Harris to waive the reading of the resolution and adopt Resolution �k15-1966. The motion was seconded and upon a voice vote, there being no nays, Mayor Rirkham declared the motion carried. RESOLUTION �F16-1966 ORDERING PR�LINIINARY PLAflVS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THER�OF: STREET IMPROVEMENT PROJECT ST, 1966-4: Motion by Councilman Hartis to waive the reading of the resolution and adopt Resolution -0�16-1966, St. 1966-4. Seconded by Councilman Samuelson, Upon a � voice vote, there being no nays, Mayor Kirkham declared the motion carried. 1966 ORDERING PKELINIINARY PLANS_ SPECIFICATIONS AND ES T INR'ROVL.MENT PROJECT ST. 1966-Z - Motion by Councilman Wr�ght to waLVe the reading of the resolution and adopt Resolution -0k17-1966, St. 1966-2, Addendum �kl. Seconded by Councilman Samuelson, Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. RESOLUTION -0k18-1966 AUTHORIZTNG ADVERTISEMENT FOR BTDS - 2 POLICE CARS: Motion Uy Councilman Wright to waive the reading of the resolution and adopt Resolution 4k18-1966. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor IZirkham declared the motion carried. RCSOLUTION �� 19-1966 AUTHORIZING SPLITTING SPECIAL ASSESSMENTS - OUTLOT I Motion by Councilman TnTright to waive the reading of the resoiution and adopt Resolution ��19-1966. Seconded by Councilman Harris, Upon a voice vote, there being no nays, Mayor Kirkham declared the moiion carried. COUNCIL TO MCET CITY �MPLOYE�S: 1 Mayor Kirkham stated he thought xt would be a good idea for the City Council to become better acquainted with the City employees, and the best way, would be to meet them department by department. He stated that they would begin with the Police Department which would be together February 19th at 2;00 P.M., and the Council would be welcome to meet them at this time. He asked that the City Administration send a letter to the Police Department and Council confizming this. ANNUAL REPORT - FIRE D�PARTMENT - FIRE PREVENTION EUREAU: Motion by Councilman Wright to offic�ally receive the report from the Fire Department - Fire prevention Bureau and congratulate them on their fine effort. Seconded by Councilman Harris. Upon a vozce vote, there being no nays, the mot�on carried. � � �_ � �. 2J7/66 FLOOD CLEAN UP• Eire Chief Hughes caas at the meeting and stated that last year he had been put in charge of the flood area cleanup. He stated that they were hampered in their e£forts because people hada't cleaned out their Uasements completely, and bottles, toys and other debris made cleaning up diificult. He suggested that if there was to be another flood, letters could be written explaining to the people the necessity of completely cleaning out the basements ADJOURNMENT: There being no further business, Mayor Kirkham declared the meeting ad�ourned at 11:57 P.M. Respectfully submitted, //,i � � ,, , /I i l / L �' =�/L LS-�. ✓ Mary Lu Strom Acting Secretary to the Council � /(`l`// / /�J ^ ��e'..�� f'���c LL lLlf��L \ , �Sack 0 Kir�am � � Mayor 1 THE MINUTES OF THE REGULAR COUNCIL MEETING OF FEBAUARY 21. 1966 A regulat meeting of the Council of the City of Fridley was called to order by Mayor Kirkham at 8:05 P M. ROLL CALL . MR'MBERS PRESENT: Kirkh�m, Harris, Wright, Sheridan, Samuelson MEMBERS ABSENT: None SP�CIAL MUNICIPAL SUDGE AND CITY ATTORNEY COMPATII3ILITY� Councilman Wright addressed the Mayor aad stated that he would like to raise a legal question and then ask the Council to listen a moment tio a puUlished opinion of the Attorney General's office. The question he raised was whether or not it is compatible for the same individaal to hold Che dual ofFices, simultaneously and in the same municipalLty, of Special Municipal Sudge and City Attorney, The published opinion was as follcws• Fram the 1952 Published Opinions of the Attorney General's Office, File , No 358b2, Opinion No. 174 from pages 314 to 316 IMCOMPATISI.E: Special Municipal Judge and Village Attorney are incompai:ible Minnesota Statutes 1949, Section 488,05 FACTS On Decamher 4, 1951, "A" was elecLed Special Municipal Judge of the Village of Hibbing, and on Sanuary 3, 1962 "P_." was appointed Village Attorney. � QUESTION: Whether or not these positions are ,_ncompatible so that a person cannot hold both of them OPI�I011; The question is answered in the affirmative This office has previouslq held that the office of Municipa7 Judge and that of City Attorney were incompatible. {Opinions dated June 17 1925, August 3, 1923, .7anuary 14, 1915, File No 358b2 ) Howeoer, You refer to the fact that "A° has only been elected as a Special Municipal Judge, and for that reason we further discuss the questlon.