06/13/1966 - 00021454���
6/13/66
THE M[NUTES OF THE SPECSAL COl3NCIZ MEETINCi OF JUNE 13� 1966
Ma;�or Kirkham called the special meeting of the Council oP the City of
Fridley to order at 8:llt P.M,
ROLL CAI,L:
�MBERS P�i.E�SENT: Kirkham, Harris, Samuelson, Sheridan (Arrived at 9s15 P.M.)
MEMBERS AB5ENT: Wright
PUHLIC HEARIMG �N STRliET IS4PROVEMENT PROJECT N0, 1966-4 (ADDIIiDUM #2):
Mayor Kirkham ezcpla�ned that this was a hearing regarding street improvementa
on four streets, and that the streeta would be taken in the order they are
listed in the Notice of Hearing. The City Manager read the Notice o£ Hearing
to the people.
ARTHUR STREF:T: 75TH A�IENUE f0 OSBORNE ROAD:
The Finance Director pointed this street out o� the map, Mayor Kirkham
said that this pro�ect was asked £or by petition� and asked if there was
anyons in the audience who wished to be heard. The fmllowing five peopl�
were present and wished it to be knowci that they srere for the projectt
�ir. Kenneth W. Mohn� 1�83 - 75th Avenue N, E.
Mrs. Stanley Dvorak� 762b Arthur Street N. E.
:�Irs. Bernard Becker, 7664 Arthur Street N, E,
Mrs. Harry I3anks� 760C isrthur Street N.E.
Mrs. Richard Kambler, 7638 Arthur Street N. E.
The people asked wh3t tha amount o£ increa�e would be as £ar as taxes are
concerned. It was eacplained that the side lot-�f Mr. Mohn would be $395•bs,
and the other home owners crhich xere not side street lsts� would be between
$%5p and $780 spread ovGr a 10 gear perictid. One person asked why it was
necessary to put a sewer on this st,r�et, as there is one behind the lats.
Councilman Samuelson e�tplained that the land was graded such that water
cannot get to the sewer without going over the street, and this is not
allowed. An ownar asked ii the vacant lots across the streets will be
assessed, and Cc�uncilman Samuelson e�cpla3ned that aIl the pr�perty is
assessed equally, Mr. Mohn asked if the existing curb line will be followed
down Arthur Street, and the City Engineer answered that it will be.
Mayor Kirkham asked ii anyone wished to speak in opposit3on to this pxroject,
and there was no snaxer. Mayor Karkham declared the hearing on Arthur
Street - 75th Avenue to Oshorns Road closed.
FZt�ESIDE DRIVE: HIGHwAY #65 TO CENTRAL AVENUE:
Mayor Kirkham asked if anyone wished to speak for or against the pr�ject.
There was ne answer. He asked if any �ember of the Council wished to speak
on thrs project. None of the Council asked to be heard. Mayor Airkham
declared the Public Hearing on Fireslde Drive - Highway #6S to Central
Avenue closed.
VIRON ROAi1: FIRESInE DRIVE TQ EXTSTSN('r PAVEMF.NT:
Mayor Kirkham asked if anyone wished to speak for or against the project.
There was no answer. He asked if any member of the Council wished to
speak on this project. None oi the Gouncil asked to be heard. Mayor
Kirkham declared the Public Hearing on Viron Road - Fireside Drive to the
Existing Pavement closed.
63RD A`]-'r.NUE: UNIVERSITY AVENUE TO F1FTH STREET:
Mr. �rnest Powell' 6241 Sunrise Drive� owner o£ property at 6281 Un3versity
Avenu� Northeast� addressed ths Council and s�id that he did not apprave
o£ this improvement going in at this time. He stated that he owns property
on the south side ior a distance of 3�', commercially zoned, and until
this preperty has definitely besn dec3�ie+� as to what use it will be put t��
there is nm telling where drivew,�ys wi7.1 be �r what curUing lines should be
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put in on the south side. He said that he already has sewer and water in
and has lines in along the frontage on 53rd te possible future lacat3ons�
and he opposed the project as� until building takea place, there is n�a
telling how the street or curbing should go. Mr. Powell said he had
apoken to Mr. Harry Kay, ownor o£ property at 62'T1 Uninersity Nartheast,
He stated that Mr. Kay otirne the other 200' which together r+ith his lands
takes in 3/1t of the south aide of 63rd, and Mr. Kay is opnosed to the
project.
May�r Kirkham asked the Citg Engineer 3£ thia xould be drive-orer ourbing
and the City Engineer said yea� Mayor Kirkham e�cplained that it xould not
� be necessary te break in any curbing for future driverrays. Ceuncilman
Samuelson said this daes not se�m to be teo serisus a pr�blem to him as he
had had some experience with two curb cuts himself. Mr. Powell said that
driveways will have to }ae put in as there will have to be o£f street
parking, asd he has already put quite a bit of easpense intv the property
and does not care to put in more nmw xithout any return,
MayoY� Kirkham asked iS anyone else wished to be heard for ar against thia
project, or if any member of th� Counc3l wish�d t� be heard. There was ne
answer. May�r Kirkham d�¢lared the public hear3ng on 63rd A^venue � University
Avenue t� I�ifth Street cloaed.
Mayor Kiikhara Explained tm the audience that„ without a tull Council, no
furti�er act3�n can be taken wither to go ahead or den,y the project, so they
will have to wait for a fhll Csuncil ts decide.
PUSLIC HEARING ON STRFET IMPROVEMENT PROJECT ND„ 1966-1 (ADDEN➢UM #1);
Tha City M�nager read th� Notice oi Aearing. Mayor Kirkhatts stated that 'titis
prvject had been sugg,ested by a pr�perty owner in fav�r c�f the pr�posed
improvementa and nm petition had been received.
Mr. Rmbert P. Minder� 550 Etice Creek Road N.E.� said that this project has
come up before and he had opp�sed it in the past, mainl.y on the basis oi
the xay it was aet up and zssessed. Hia feelinga xere that it ehould not be
� put in by itself� but be put in with other frontage. He stated that naw the�
were getting the frontage (at his instigation} he thought)r and he asked
that this part be included with the improvement on T„-I, #65, He said that
he still does not agree with the price, but he has not seen the plans and
d�es not kn0w why it is so high. He alr� dii net feel that the storm sewer
was necessarya but agzin he had not aeen the plans. He stated that he aas
for the improvement and even though he felt it was more than 3t would be,
he would pay.
Mr. Brian P�rter, 6870 Channel Road Di.E „ stated that before he decided
znc�ther he was for it� or against 1#a he had a few quest3mns. He asked if
the Highway Department had been consulted about a left or right turn efY
lane. He was tmld that there had baen no f�rmal request, but that if there
was enough traFYic to warrant them� the Highxay Department will put them in.
Mr. Porter said that there was no sense going ahead with the plan unleps
there is a right lan� turn�ff as srsmeone will get killed„ and he £elt there
should bt a left lane turn�ff alam, Counoilman Samuelson polnted out that
there is r� crassover here. The City Engineer stated that there will be no
curbing whare the right lane tum xill c�me. Mr. P�rter asked what property
is being assessed. Councilman Samuelsmn said it, would be Lota 1 through 7
in Valley View Manor and Hrookv3e� Addition north of 68th, Seven peopla
Went up to the Council table ts look at the exact l�ts on st wap. The City
F�nance Diract*r explaine� t� them the way the lats will be assesaed, Thero
xas an informal diacussion at tha Counci.l table between the Counoil and
these interes�ed preperty eoraers. The possible vacation of the street was
� mentioned and it r�as pointed out that police and fire pratection would make
this impoasible as they would need a double access in case anything Was wrong
with one atreet or it was closed temporarily there would be no wzy to get to
it. It rras questiened why Suburban Engineering and the mote2 had t� take
most of the burden as other prmperty 0wnera use it as much as anyone else.
Mr. Portar said he thought the assessment should be spread over more pronerty.
Mayor Kirkham asked if any�ne else besides Mr. �Sznder was in favor �£ ihe
praject, and there xas no anawer. He asked i£ there was anyona present in
�ppositi�n of the pr�ject� and the f�llerring people gave their names and
addressea:
Mr. Brian P�rter, 6$70 Channel Road N.S,
Mr, Ga�rge Mass� 6880 Ghannel Road N,E.
Mr, klalter Hill, 6876 Channel Road N.E.
Mr. James Plemel� 686ly Channel Road N.E.
Mr. Teasmer� 6980 Channel Road N.E.
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Mr. Plemel ssked if it would be possible to put in this street with�ut
cnrbing. Councilman Samuelson said that there was quite a grade� and that
a curb was required for water esmtrol. May�r Kirkham pointed out that the
Ce�ncil has ad�pted a policy oF put�ing in cencrete curb and gutters.
Mayor Airkham asked if anyene elae in the audience �r any member of the
Council xished to be heard. There was nA ariswer. Ma�ror Kirkham closed
the Public Hearing on Street Impr�vement Porject No. 1966-1 (Addendum #1)
and e�cplained that a£ull Council is needed to take any action on this
preject.
One •£ the home owners said that they felt s�mething should be done� but he '
did not see why the people should g� ta euch an expense. Mayar Kirkham
stated that the Council would like t• see amaething dane if a�me agreement
ceuld be reached. Councilman Samuels�n pointed out that atandarde have
changed and the City nvw uses a harder type of s*�rface and concrete curb
and gutters. He believes the long range improvement standards are good�
and iF the City skimps by xith l�xer standards, it causes maintenance
problems and he added that at least this street would hol� up £or the 10
year assessmtnt pex7.ad.
One Af the v3_sitars asked why everpone could n�t be nsseas�d� as 68th�
technicall,g, woulrl be the cantinuation ef Channel Road. Councilman
Sacmiels�a said that it woul�l be hard to hold up in court i£ the asseasment
i;� ��read too iar. Mr. Minder said his suggestion had been to do the whole
���st�j but that tho peegl.a laack ir� i'�irther do ne� Nant it and Would not
petiti4n far it. Mavor Kirkham said that he n�reed that the peeple m the
bhe� shmuld share one half the assessment assigned ta the people here, ns
th�� will never get assessed. The pe�nle in the audience agreed. The
visi?mr suggested thai, this l�e held in abeyance at present and tt�ey will
see what they can d� by d�.scussing it with the people to the east themselves.
N?a,yor ISirkham said that the Council could zdvertiae for another hearing
again aFter they had talked tm their nrighbors.
FRIDLEY HOUSING AND REDEVELOPMFNT AUTHDRITY:
Mayar ICirkham said that Colanel He£fman Nho xas te be s�rorn irito the Fridley �
Housing and Redevelopment Authority this evening had been unable t� attend
the �aeeting� but he wonld be sworn i� before the siu�ual meeting of the
Authority,
Mr.Joiut Meyers� Vice-{;hairman wf the FHRA addressed the Council and said
that he had been out o£ town, and had just retnrned az:i� fras txy3ng te catch
up on recent developments. He said that he felt the need of bringing up
several points to ba csnsidered in the dismissal o£ Mr. Aerder from the
FHRA.
He stated that the first questimn was legal. He believed that the Mayor�a
declarataon that Mr. Herder xas not a member oP the FHRA wae bases on the
Attorne,p General�a opinion regarding Hopkins where the pemple cencex^ned
were members of Park Commissian, Planning Commission ar so forth, and he
believed this legal ep�nian xns based on the 3dea thai, some sovereign pouer
trarsfeered by public of£ice was concertie�� but the Charter of the
Human Relations Coa�ittee states ti: is an advisery cetmn3ttee� and as such
wc�uld have nc+ soveraign power� and he feels it is important ta ask the City
Att,orney as to t,he prWpriety aP this.
H3e second questian, he said, was perhaps le�al as well. He said that it
had been established in the cmntract xith the Federal Housing Agency that
expenses disallswed by the gorernment nould be borne by the City, which he
belir.ved could pose a potential legal problem� as Mr. Herder signed the '
vouchers £mr the sub�contractors as is required by Federal and State
regulation, and they may say they have a claim because o£ invalid signatures,
Mr. Meyers said he f�lt it was impretant to check �}iie out be£ore a new
man is swarn in, as this may be defacte admissien sn the part o£ the City
that they were in �rxmrs and may well strengthen the government�a potential
positicm agasnst the City�.
Hia third pointy he stzted was somewhat of a personal matter. Ae stated
that Reverend Robert Kendall, is pastor ef the Friclley Methodist Church.
Ee is a member of FHRA and also of the Fridley Human Relations Conm�.ttee,
and t,horeia�re he must be dismi.ssed as Mr. Herder was. Mr. I�Ieyers sa�d that
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he hoped that when the time cama to dism:�as Revercnd Kendall, in vieW of
the £act that he is a member oY the respectcd cler/y� anda in view of his
fine personage, that moro deference and courtesy be given to
his dismisaal than xas given to Mr. Herder.
Mayor Kirkham said that Mr. Meyers referred to it as a dismissal, and that
this was not the case since he was not a member, He said it was discmvered
that a vacancy did exiat� and if he had thought of Reverend Kendall�s
membership on the Human Relaiions C�mmittee, hfs positian wQU1d have been
� included also, since according to his and the City Attorney's interpretatian
ef the Attorney General�s opinion nacancies exist, ihey wcre not dismissed,
since they were not eligik�le at the time o£ their appointement, Mayor
Rti�cham stated ihat since they did serve in all gomd faith� it wi71 not
nullify any of the work they have done. He explained that he had asked the
City Attorney to �ive an opinion in this regard and it is a part of the
minutes� but perhaps the City Attorney could pive him a statement now to
help clear it up for him.
The City Attmrney said that he would like Mr. Meyers tw know that he had
not given his opinian lightl,y. xe had censidered in detail, both the
Att�rney General�s opinion as it applled to the members in Hopkiris, and
to the reselution that established the Human Halat9ons Connnittce t� see
if the necessazy elementa ef publi¢ mffice 1n the Human Relatiens Committee
were as defined in the Atierney Genernl's opin3on. He said that thia
opini�n� in defining Public 0£fieer, listed a number of criteria, and xhile
it was true not all the cxlteria are present on the Human Relatimns
Committee: enough are present so his opinion is that it must be considered
a public office. 1. The pasition was established by the Council. 2, The
appointements were made by the Conncil. 3, Thc vacancies are filled b,y the
Council. 4. The Human Relation Committee adv�.ses the Council. He stated
that it is eitk�er a public �rganization vr A private organizatimn, and it was
inconceivAble to him that the Council xould be appointing �nembers tm a
private organi2ation. He said that it was not necessary that a public
body be anything more than a body that makes recommendations. He said that
� on Mr. Meyer�s eecond queation, that the actions of the FfiRA ce�ixlc be
invalidated, this again gets in t� the question of defact� and dejure •fficera
which xas explained earlier when Councilmna Samuelson�s appointment was
questi�ned. If an appmintment is made and the pera�n serves under the col�r
�f law� his actions are ratified and are sali�, This is the law in Minnesota,
He sAid that �+hat the Federal Gavernment might ar might not do� he could not
say, but hia opin3on was based on the assumption that the Attorney Gen�ral�s
opini�n is correet, and if this turns out not correct, the bas�s for his own
e+pinion is chal.lenged. He said that it is one of the Attorney Geners,l�s
fluzction to advise� and given this advice the City Attorney's job is tea
weigh it and adviae the Council if he feels it is souns, which the City
Att�rney stated he did. Mr. Meyers said that he was reassured by the
Attorn�y.
Mr. Meyer�s said thzt another factor to be aoneideredD eaas that ht
believed the State Urban Renewal Agency reviews appointments throughout
the state, and they Would be in a position to challenge an appointment and
could ask the Att�mey General £or another opanion� In view of this �nd the
fact that the FHRA ia g,�ing nowhere, it is virtually dead� he wondered if
it would nat be wise to xait with the swearing in, until the exact position
is known s0 as not to create embarraSament for anyone,
Mayor Kirkham stated that there xould be noth3ng £or the State to rul�e
on until the Council acted, and as the vacancy exists, he felt he should
fill it so that the annual meeting could be held, He said that the
1 s�ppointment has been made and the swearing in is a formality. He had
fsrgotten Mr. Kendal] or the a�me thing would hold true, and at th� next
regular Council Meeting, that vacancg can be filled alsm.
Mr. Meyers saitl that he was bn£fled as t� what nseful purpose to the City
this type of appointment makes. Mayor Kirkham said that he haa frankly saii
he iras oppased to Federal Urban Renewal, and was fAllowing the w3shes of
2/3 of the voting public in this regard by seeir�g that Federal Urban Renexal
was defeated. He could see no reason to continue with the Authority and
this is his as�urance that it xill be terminate�i� He sa:.d he £eels he ia
doing What the people in Fridley asked hira to do �n November.
SIDEWAIKS FROM UNIVERSITY TG CAROL DFLiVEt
Councilman �amuelson brought up the petition from the School Board f�r
sidewalk irem University io Car�l Drive� and said he felt the Council
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shmuld get. the resolution for public hearing� plans and specifications
going� as they arc just lying dormant at the moment. The City Engineer
zsked i£ they intended doing the sidewalks this year, as it is gettin�
late in the season. Councilman Samuelsem said yes, that the School Boar�i
wants it. The City Manager said that the Administratian can get the legal
work going.
STOP SIGN RFQUEST RF,FERRED TO SAFETY COMMITTF�:
Councilman Samuelspn said that a stop sign has been requested at Craigway
and Alden Way to stop thrcrugh traffic on Alden Way going north and srutti.
This item was referred to the Safety Co�nittee for study.
REPORT ON COUNCIL ATT�,TIDANCE AIdD P05SIBLE SYSTEM OF FINES FOR ABSENTEEISM:
Mayor Kirkham asked the Council Secretar,y to search for the minutea and make
a re�art, for the nexL Council Meeting, concerning the attendance of th�
Council mentbers since the first of the year at convened meetin�s. He also
asked the City Manager tv have the agenda include a discussion of a system
of fines for absenteeism similar to what Richfield has done.
SPEEA LIMITS ON FRONTAGE ROAD:
Mr. Et°nest P�well asked if the apeed limit c�d be pasted on the fronta�e
road from Missis�ipp3 Street to 61st. The Cit�r Manager said that the City
could do this iE it is requested. Mayor K$rkham peinted out that the speed
limi.t is 30 mph unless otherwise posted, and that perhaps when the inter-
sections are £iniehed, that will take care o£ it as they will be more
internal roads thesa,
USE OF iTN3+fARKEl1 SQUAD CAR:
Mr. Lie�+l, 222 Mercury Drive, said he had a cmuple o£ guestions he w�uld
like to ask. First he asked how zirmy spuad cars the City Ha�� and he was
told £ive. He said that it has emne to the attention oY some of the people
that the ChieF oi Police used a squad car to go to the FBI conven�ion and
the people ob�ected to this. Mr, Liebl said he did not imox on whose
authority he took the cary but he assumed that the Council er the City Manager
would have to give their permission. Mr. Liebl alsa said that the other
objection was that when Ghief McCarthy goes to the school dances, he takes
hin aQsigned car with him and when another policeman �oes, he is paid by
the sehool board so he has to use his own car. Mr. Liebl stated that
Chief MeCarthy�s excuse is that 3f there xas a problem he could call on
the car radio, but if the other boliceman have the same problem, they would
have tv u�e the telephone. He said he would like to ask the Council why
ChieP McCarthy has this pri*�ilege� and who gave him the authority. If
he had pexmission, there 3s no problem, but-i£ he did not� this skoiald be
straightened out.
The City Manager said that many cities do use a City car for these trips
because they have to pay mileage, and this is thought to be cheaper. He
explaxned thafi this is an unmarked car and is assigned to Chie£ McCarthy.
The City Manager sai& that he is not aware that Chie£ McCarthy is pai�l by
the school bsard, and is very sure that he is not paid. Only the other
officers are paid and this is the reason they� use the3r own cars. Mr. Liebl
said that £orty �f £ifty pevple had asked about this. The City Manager sa3d
that in the past the Citg car has been used for such things as Municipal
League Conferences as it is cheaper than paying 7�¢ a mile. He said that
the Chief vf Police had asked him about this, and that he had not felt it
would ba putting a car out o£ service� but if the Council ebjected, they
would not do it again. Councilman Samuels0n said that this is an aeerhead
type of thing� and saves the City raoney on mileap,e. Councrlman Harris sa3d
that there would be more trouble if the City were to buy cars and then not
use them. Mr, T.iebl said he had just wanted te make sure that the Chi�f
had had pexsta ssic+n to use the car.
ADJOURNMENTe
Therp oein� no £�irl�kiQr Uusiness� Mayor Kirkham adjourned the Special Counci7�
*1ept:�ng sef rune 13� 1966, at 9a35 P.M.
ReanPrtfully sabmitted�
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M2�'y' Li] .StL^fJn3
Ar,tin� Secret,xry to the Council
if Cr1 /• F/�//`
�GVitil� �tv- ,•��w
�'Jack 0. K3rkham
� � MA YOR
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