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08/22/1966 - 00021359� � U the possibility oi the restoration or destruation o£ the nozth secti�n of the M& I Aut� Supply btn lding. The City Manager said that these people had been to see him� and he will have a report on it nn the agenda at the ne�ct regular meeting. SENATE COMMITTEE OFFICE: Mayor Kirkham said he had received a Notice from the Senate Cormnittee Office of a Public Hearing te be held in Duluth August 21�, 25, and 2b, 1966, and asked if anyone could attend the meet�ng. Counci]snan Aarris said he would be in Duluths and �11 be able �o represent the City at sc.me o£ ite MOTION try Councilman Wright ta reimburse Counci�man Harris for the reg3s-� tration Pee and any necessary expenses. Seconded hy Councilman Samuelson- Upon a veice vete, there being no nays� Mayor Kirkham declared the mcti�n carried. 66ENERAL CLEAN UP OI' CITY HAIS, BACK YARDe Councilman Samuelaen said that 3f the north wall Qf the building is to be painted, the ,yard out in back of City Hall is r�eplmrable, the fence was lost in the tornado, and the trucks could be parked in an orderly line. He felt this should be cleaned up also and the Council agreed„ ADJOURNMENT: There bein� no iurther business� Mayor Kirkham declared the Regular Council Meeting of August 15� 1966 adjo�.rned at 12e15. Respectfully submitted� ��'-� � �' , �� ���` ��, � � —��v Mary Lu �trom Acting Sncretary to the Gounail ;���� k �n i�'z �C -����_ , �Jaok 0. Kirkham � MAYOR THE MINUTES OF THE SPECIAL COUNCZL M�ETiNG OF AUCUST 22� 1966 The Special Council Meeting o£ August 22� 19b6� was called to order by Mayor Pro Tem Dave Harria at %:ls P.N. ROLL CALL M�'IBE}LS P]2ESENT: Harris� Sheridan, Samuelson ME:MBF�FtS ABSENT: Kirkham, Wright ROLL FOR WATER IMPR�VliMF,NT PROJECT N0, W The City Manager ra�ad the Notice o£ Hearing� There was no one present t� object ta the assessment rsll and there had been no written ob�ections. Mr. Olson o£ Comstsck and Davis explained the prmjeet for the benefit vf the Couacil, The Ceuncil had no questimns, Mayor Prn Tem Harris declared the hearing closed at 7:3G P.M. PUBLIC HEARING ON AS5ESSMENT ROLL P'OR SEWER AND WATER IMPROVEMENT PROJF,'CT No. 73�B: � The City Manager read the Notice oi Hearing. Counciiman Harris asked i£ there were any written or oral ohjectiona. There were nor.e. Councilman Samuelson asked if there had been petitions £or thie preject. The Finance Director drew the Council�a attention to the listed petitions, but pointed oui that Project No. 73 envelepes several things, and some mf the petitions should not be on the list far this particular parte Mayor Pro Tem Harris declared the hearing closed at 7:31� P.P?„ r"� u u d 3 S/iS/66 �� 8/t>�/bb iAXI LICENSE Si7SPENSION: Councilman Harris said that although this item was not on the agenda £ar this evetting, he was sure zll the members of the Council would agree it shauld be taken eare of at ance. �e stat�d that the Twin City Suburban Taxi had been granted a license on August 15� 19bb� and sinc� that time� f,t,ere has been seme in£oxmat,ion given to the Police Department £or the Cmuncil�s ccrosideration regarding some o£ the drivers hired bj� the licenset. Ee said it appears that some of the drivera have a number af violations. He handed the list t� the Ccuncil for their study. Councilman Samuelson askedy ii the Council revokes the license, how will they be assured the lic�nsee has hired adequate drivers on renewal? The City Mannger suggested � it could be a suspension, until the awner shoxed cause why 3t should nmt be revoked. The Cit,y Attorney recommended they make it a temperary sus- pension and ask the Administration to noti£y the owner that the license has been auspended until such time as he appears before the Caur�cil and answera the ob�ectimna nated by the Council� based on the Police repart, MOTION by Couracilman Samuelson that the Council suspend the license of the Twin City Supurban Taxi� anc direct the Administration ta notify the licensee o£ such suspensian� and ask him to report back to the Athninlstration the reason for emploging s�h drivers, which are im conflict witti the City Ordinance. The suspension shall be until such time as he can assure the Councrl that the drivers have met all qualaficatiens as requ�red by the City, Seconded by C�uncil.man Sheridan, Upmn a vaice vote� there being nm nays� Ma,yor Pre Tem Aarris sieclared the mation carried. RPCESS: Mayr Prm Tem Harris called a recess while the Council met briefly in the Clerk's office. The Meeting was recmnvened at 8:10 P.I�. PROPOSED RESOI,UTION PLACING CITY HALL LOCATI�N ON BALLOT (TABLED 8/15/66): Councilman Narris said that the Cpuncil has received a memo from the City Attorney with his opinion about tdie £ollowing three types of elections � which have besn discussed by the Ceuncil. (1) "Re£erendum�� bin�ing on the Counc�.l. (2) An advisory Ball�t (9) An 3nitiative as described in the Fridley City Charter. Counc3lman Harris asked the City Attorney for a synopsis of his report. A£ter the City Atterney had revieued his memo £or the Coancil he sa�_d that it was his opinian that a referendum binding on the Council is not permissible under State laH� under the ceurt decisions rep�rted by the League of Municipnlities, by the Attorney G�neral�s apinions and by a leading Minnesota Supreme Court case. The City Attorney said that, as far as the Advisory Ballet is cancerne�� the Council doss net have authorit,y ta expend public funds� however, there is an opinion that an Advisory Ballet cculd he handled by private organizations er by the use of private fund�. He said that an an initiative as described in the Fridley Cit�r Charter� there is a question of whether the l�cation of a City Ha7.1 is a proper questions fer an initiative. He said that if it is an administrative matter, it would not be a proper question; if legislztive, it wm ld be a proper question, lf the Couneil decides this is the pxw¢edure to be foll�wed, he recommended they �et a declaratory judgement on this from the District Court, MOT10N by Counailman Samuelson that the memo £ram the City Atterney be made part af the ml.nutes. Seconded by Councilman Sheridan. Mr. Jahn Meyer, a visitor to the Council Meeting� asked if th� ruling on the referendum had anything to do with the timing left befora the primary er if it was a legal question that no re£erenaium could be held. The City Attorney eacplained that referendum as used in the City Charter was nmt cor'rect ' usuage as this would he a vote on whether an ordinance which has been adopted should be continued in effect. He said that what he was referring te was an ir.itiativ� which woula be a matter that is placed on the ballet for the votera te determine whether er not an ordinance should be adapte�, The City Attorney explained that the courts have ruled that unless there is specific statutory authority to submxt a questZOn ta the people, it is a delegated responsibility o£ the Council to make decisions, and they cannot be redelegated� so there is no way a vote can be taken to bind the Council if the question is determined administrative, and a District Ceurt ruling would be needed on this. Mr. Meycr asked if the wording o£ a petition a group o£ people were can- siderin6, pxohibstin� the Citv from erectin� £acilities in any of the public parks which are not directly concerned uith recreatian� would be a proper sutject for a true ordinance. The City Attorney said that it frould be more likely, but there prabably would be a legal question of whether such an � � �� 8/22Ibb erdinance would be� in effect� a restriction on the title of a piec� of property� when it was acquired without a restriction. Vote en the motion to make the memorandum a part o£ the minutes: iJpon a voice vmte� t�ere being no nays� Mayor Pro Tem Snrris declared the motion carried. Fellweing is the memorandum from Virgil C. Herrick' Fridley City Attorney� to the Fridley City Council� regarding election on City Hall location: TQ: FRIDLEY CITY COUNCIL FROM: VIkGIL C. HERRICK, FRIDLEY CITY ATTCRNFY The question o£ the authorit,y ef the Council to hald an election on the subject o£ the location o£ the neK City Aall has been referred to me for � �p3ni�n. In this conr.ection, three types of elections have heen discussei by one or more parties. These are: 1, "Referendum" Binding on the Couneil 2• An AdYiSOry Ballot, 3, An initiative as described in the Fridley City Charter I will discuss each e£ the proposed elections individually. In reviewing the authority for one or more of the above elections, I have consulted with the M3nnesota League of Municipalities and reviewed material compiled b,y them as well as twe attorney general�s opini�n} Minnesota Supremo Court cases� and general texts vn mun3cipal law. GENF�AL PffiNCIPLES: The generai principle is that a munici�al body cannmt dele�ate its authori.t� ta maka a decision to submrdinates ar other pers�na withvut spe�iiic statutory authsrity. Ia McCle�lan on Municipal C�rporations� Sect3sn 16.�9, the follew�ng appear�s � �� '�In nm enent� hoHever, can a municipality submit an ordinance to a vote o£ the electors without 1ega1 autherizati�n� which must ceme from the Consti�utien or £rom constitutional provisi�n of the Charter or general statutes.'t Als• in Rhyne on Municipal Lawa Section 7-1: �"The requiroment er authorization For the h4lding o£ an election must generally be found in ssme constitutional prarvision� statute, or charter, £or there is no inherent p�wer in municipalities to hold elections; indeed sub- mission vf a question tm the voters b,y a public agene,y in which has been vested power to deal with the question but no authority to refer it to the voters, may constitute an unlawful delegation of power. (Citing the Minnespta Supreme Court in Meuhring v, School District No� 31 of Stearns County, z2l� rrinn. !,32, z8 rrw 2z 655 (1947?.) '"Rr,FERENDi7M'" - BINDING ON CO[7NCIL Discussion at the last Council meeting centered around a sugge5tion � te hold a xreferendum'" which xould be binding on the Council rather ihan an advisory bellst. The use ef the term "refExendum° in the Fridley City �.harter refers to a procedure whereby citizens may petition to have the question o£ a prior ad�ption o� azi ordinance submztted to a vote 's� the electors. Obviously this is n�t the type of procedure thai was ref�rr�d t• at the past Council meeting. One of the leading cases on the authorit,y of a governing body t� ::�zbmit a question to the vsters is the MinnesoLa Supreme Court case of Muehring U, Sch�ol District No. 31 sf Stearns County referred to above� Here the court sm�.d: '�Where there is no statutory authorization for submission o£ a questi.on to the voters for their decision, such a submissi�n by a public authority clothes with power with respect to the question submitted canstitutes an un- suthorizad redelegation of delegated power. In such a � �� .�, s/z2/6o case, because the veters lack p�xer vrith respect to the question submitted and becausc the public authoraty lacka the power to confer it upon them, submission o£ the question to the vaters is without legal effect� and their decision is in no way controlling or binding. Galinde v. +7alter, B Cal. App. 23l�, 96 P. 505g Town oi Klamath Falls v. Sachs 35 Or. 325, 57 p. 329, 7�1m. St. Rep. O1; 3 C.J „ Municipal Gorporattons�8 2yb. �n Tc+wn o£ Klamath Fa71s v, Sachs� 5upra� the view was e�cpressed that the result of such an unauthorized referendum might be "advisory", but it was held that it was not biaading.'� The abc�ve rase� together with the Minnesqta 7itt�rney GeneralFa Opiniona datesl Janaary 19, 1956j and October 23� 196�tr hold that st question-referred to the voters :rithout speciYir statutory authority cann0t be madebbinding upen the Cotmcil. I have not found any statutory authroity within the Mi.nnesota Statutea or the Fridley C�ty Charter authorizing such a vot�. I have alsa eliscu9sed the matter w3.th Mr. Kennea�ly mf the Minnesota Lea�ue of Municinalitiea, and he hai indir_ated that he does not Immw of an,y theory •r authority for such a binding wote. ADVSSORY BALIC�T The two Attorney Generalrs op�nions referred te above, together with the infarmati4n £rom the Mi�nes�ta League of Mttnicipalities� raises the quest3on as to (1) the author3tg of the Council to submit such a question to the rc�ters, and (2) the authority •f the Council to expend public £unds f�r an advisary opinion, In re£erring to propesitiems submitted to the votera where- in the Counoil has the pswer to decide the matte^ for itselYa the lea�ue statest '"1£ submztted ts the noters at alla these questions are submitted solel,y £or their advice and the result of the vote is nmt bin�3ing on the Ceuncil. Because of the absence of specific authority ior such advisory electiuns, the Fower to spend mune� in cmrinectimn with them is ssme- what open to questiony and if the Ceuncil des3res to call an electton o£ this kind� e�cpenaiitures ought to be kept at ' the minimum." The Attorney General� however� has uniformly ruled that this is not a proper eacpenditure. The Minnesots Supreme Court has also held that any attempt to held an electian not authorizef or required hy statute or char'r,sr conetitutes an unauthorized redelegat3on a£ a delegated p�wer. See Muehrin� v. Sc�mol District, supra. Sance an advisory election is not an election in the usual sense ef that term, it is not necessary to follow the Pormal procedure set out in the statutes for a special election. flallets do not need to be printed and ao particular form af notice is requireel. Notw that in the Attorney General�s opinian dated January 19,195b, it is the conclusion that the Citv Council o£ Austin is not empoaered to submit a question concerning f2umrclinatien mf water to the eleetorate in order to obtain an advisory opini�n and is not empowered to expend city funds for the pux�-,ose of obtaining an advisory po11. In the Atterney General'a opinisn of Octoben 23a 1y64, the Villsge of Broeklyn Park was advised that it might not submit to the electorate or incur any expense in cmnnection therexith. INITSATIVE UNDER AUTHORITY OF CITY CHAR�ER: While no petition has been £iled requesting an i�hitiativea some discussion � has taken place as to this possibility. The general rule is that an initiative may be held on legislative questions but not on an administrstive matter. Whether the locati�n of a City Hall would be cmnsidered legislative question or an administrative matter appears to be an open question in Minnesota. TY:e California decision has ruled that it was a proper question t� be submittei on initiative. Mr. Kennedy of the League indicated that he thought it was probably an administrative matter< lf the initiative procedure is Yollnrei I woul.d suggest that the liistrict Court be asked te render a declaratery �udg- ment to determine the applicability of the initiative to this particular quastion. �, -. _ �- e/z2/o6 - A P,�SOLUTION TO AUTHORS7,E A HALLOT ON THE LOCATION rmv uer.r_. The City Manager read the Res�lutim. MOTION by C�uncilman Samuelson t4 adopt Reaolution #135-196b, Seconded by C�uncilman Sheridan. A viaitor to the Counc3l Meeting asked if the Council had considered the land between Moon Plaza and the Fridley State Bank for the City Hall, as � the lznd is available and is in the center of the City, Councilrnan Harrie euplained that the Council had discussed a number of lacations} and there had been the pr�blem mf the`sost of land acquisition, which had also held true vith the site that Mr. Ha£nzr had offered the City, TJpon a voice vote, there being ne nays, Mayor Pro Tem Harris declared the motion carried. The City Manager said that the Public Hearing has been ardercd for Septtznber 7�} but that a place for the meeting has not been set, He asked if the Council wanted to hold the hearing here at the City Hall or if he should contact one of the schoola� The C�uncil dzscussei posaible placea £ar the hearing, It was pointed out that Ha,yes Sahool does not have adequate parking, and the fire barn would not have enough seating. The Admin3stration was instructed to c�ntact the high school to find a suitable place for the hearing. The C�uncil discusse� the brochure� and whether it should be sent eut befmre the Public Hearing, Tt will be sent out with the questionnaire as soen as it is prepared, and seme can be handed �ut at the Pui�lic Hearing. Mr. John Meyer said he had understood �ir. Herrick to say that the City cannot espen� t�nds on this, C�uncilman Harris said that the Council can put �ut informational material� and this was an area o£ cormannication. The City � Attmrney said that the printing cost of the brochure is not an expense asseciatei rrith the conduct �£ the electiun� and the hrochure can be sent out whether there is an election ar not, P'fiIDLEYsOLUMBIA HEIGHTS AGREEMENT - SULLIVAN LAKE OUTFAI,L: The City Manager axplained that this agreem�nt cavers a mutual situation rn_th Colwnbi4 Heights i'�r a large drainage system. He said that Cslumbiz Heighta will pay 76-7/10,� •f the cost� Fridley vrill pay 23m2/10,� and the State mf Minnea�ta xill pay $93�• He explained that everyone�a water dra2a�s int� Sullivan Lake an� this is to get it out, The Finance Director st�te� that this prejeet has been aided to Pr�ject �5. MOTION by Councilman 5a�rcaslson that the Mayor and City Manager enter into a contract with Columbia Heights on the 5ullivan Lake Outfall, and the assessments against this project be apread �ver the large storm sewer prejeat #5 as previously discusstd. Seconded by Councilman Sheridan. Upan a volce vote, there baing no nays, Mayor Pro Tem Harris declared the motion carried. EASEM�IT PUHCHASES FOR S& W#79: The City Manager reviewed the two easements the City would like to purchase. He said that the Administration did not £e�l the �2l�5 Mr. i'eterson was requesting far laes af trees and sod was mut of line. He said that he had requested an appraisal from F, N, Shaffer on the W. G, Shield's preperty, � and he had not received-it yet. He suggested that the G3ty Att�rney and City Manager be requested to negotiate this with the preperty o�mer, if the appraiszl is different than his request, and report back to� the Council. MOTION by Councilman 5heridan t� authorize the Adm7nistration to preceed with purchasing an easement from Kenneth P. Peterson on Lot 1� Block B� Snring Hr�ok Park Addition £or �21��. Seconded hy Councilman Sameelsan. Upon a voice vote, there being na nays� Mayor Pro Tem declared the motion carried� Councilman Sheridan said he would like to call the Council�s and Administratian�s attention to the fact that, assuming the City could get the easement on W. G� Shield�s property for approximately $2�000, the cest o£ putting sewer and yrater in £m�r these £ive l�ts xil). cost somewhere betwean $1��000 ancl $5,000 a lot. He said that there had been no objec#i_on�a at i.he hearing� but the developer is probably not aware of What the actual costs will be. He f� `� 8iz�r�b stiggestea that when the Administratian has the in£ermat�.on on the cost per lot, is should be discussed with the developer, so that the City does not end up in court Uecause the assessments are �reater than the value o£ the lots. . MOTION by Caimci]man Shs r.�dan that the City Administration proceed to secure �he cose of the easement over Lot 7� Subdivision of Lot 10� Au�itor�s Subdivi:�imn #91�, owned by W. G. Shields, plus assimilate additional information on thE water snd sewer costs for this pro�ect which will agply against the Swanstrom'� Court Addition� and advise the develeper, throuph Mr. George Mewhorter� and if agreeable* he will sign an agreement approved by the �ity Attorney, Secmnded by Courrilmu: Samuelson. i;pon a vaice vate� there being na� nays� Mayer Pro Tem Harris declared the motion carried. CdNSIDERATIG�N OF ADDIT70N TG FULLERTON METAL,S: Mr. Harry Hendrickson� General Manager of Fhllerton Metal.,� K170 Main Street Northeast� was present at the Council Meeting requestictg approval oF a Bualding Permit to buile an additl�n to their present building. He stated that this wiJl double the size of the present structurea and will be the same type of structnre. He said they would like to start immediately before the cold weatt;er startso The Counc�l studies the pj.ans ef the aalditicn. M(YfION by C�uncilman Sheridan to approve the Building Permi.t far additienal warehouse space on the r�ullertcm Metals buildin�� subject to cempliance with a13 Building Codes. Seconded by Councilman Samuelson. Upon a v�ice vete� there t�eing no nays, Mayar Pro Tcm Harris declared the motion carried. EME.PGENCY REPAI}�.4 F'OR RICE CREEK LIFT STATION FORCE MAIN., Ct�uncilman Harris said that the City Manager has breught to his attention that on Friduy af�emoon August 19th, a break was noticed in the Rice Creek liit �tation force mair,, and there is a request for emergenc3* repairs. Councilman Samuelson said that conceivably this may not be the City'a fault t+ut the Highway Department�s through overburd�ning the main� and he felt this ahould be pursued. The Gity Manager said he would pursue this further, but iimr,ediate repair was n�cessary. N:OTIQN by CQt�nailman Sheridan to approve the expenditures of $5�C�00 te $9�000 for emergency repair to Rice Creek Li£t Statian £arce main. Seconded by Councilman Samuelson. ilpon a voice vote5 there being no nays} Mayar Pre Tem Harris declared the motio� carri.ed. CONSIL7ERATI��N OF 701 PROGRAM - HO➢NE,: Mr. Aodne dascussed the dif£erent phases of the 701 Comprehensive Program, as outlined for Fridley� with the Conncil. ADJ OURNMENT s TMe Special Meeting o� Au�ast 22� 1966 xas closed by Mayor Pre Tem Harria at 1osGS P,M. Hespectfully sub�eitte� , ``� �� � � , � /C�U��,���_�� ��-t���„z� Mary Lu�trmm Actipg Secretary to the C�uncil l� " �r,� f� �C���z,� --��. ��ti�l� �% %� , —' Jack 0. Kirkham MAYOR LJ � �