Loading...
04/12/1971 - 00018207�II � 1 THE MINUTES OF THE SPECIAL PUBLIC IIEARING MEETING OF APRIL 12, 1971 PLEDGE OF ALLEGIANCE: Mayor Kirkham lead the Council and the audience in saying the Pledge of A1legiance to the F1ag. Mayor Kirkham called the Special Public Hearing Meeting of April 12, 1971 to order at 7;40 P. M. ROLL CALL: MEMBERS PRESENT:, Lieb1, Breider, Kelshaw, Kirkham MEMBERS ABSENT: Harris ADOPTION OF AGENDA: Mayor Kirkham said that Item ��7: Review of Five Year Sidewalk Program is to be tabled and Item �k8: Consideration of Settlement of International Association of Firefighters is to be added. MOTION by Councilman Breider to adopt the Agenda as amended. Seconded by Councilman Liebl. IIpon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. FROM M-Z 'PO C- AND 73RD A'�ENT7E: � ZOA �f71-02, BY COLONIAL SERVICES C0. TO REZONE LOCATED IN THE SOIITI-IWEST CORNER OF HIGHWAY �k65 Mayor Kirkham read the Public Hearing Notice aloud for the benefit of the audience, and the City Engineer showed the area in question on the overhead pro�ector, and said that this area is in the southwest corner of 73rd Avenue and T.H. 9k65 �ust north of the Target Warehouse. They are requesting a change in zoning from M-2 to C-2 for building a gas station with a superette type of operation to dispense groceries. They are also requesting a special use permit. The Planning Commission recommended approval and their comments are in the Council Agenda. Councilman Liebl asked how many stations are now in the City of Fridley. The City Engineer said a total of over 30, including those in associ_ation with car washes, etc. Councilman Liebl said that this is now zoned heavy industrial and if rezoned to C-2, he asked if it was felt that this would be a stimulus to future develop- ment in this particuLar area. The City Engineer rresented a map showing the location of a11 the gas stations in the City and said that the number has beea brought to the attention of the Planning Commission In the last few years there has been a 50% increase in the number of gas stations. There is a question whether there are any more needed. There is a limit to the aumber the community can support. The Planning Commission is considering this at this time, hut they have made no recommendation to date. In this particular item they recommended approval � Councilman Breider asked if this parcel was big enough for some other activity. The City Engineer answered yes, and added that it was owned by Tavo Town. Council- man Breider said that he understood that it was to be a superette and gas outlet, -- but there were to be no service bays. The City Engineer said that this was correct. Councilman Breider s�.id that there was presently a superette and gas station on the corner of Mississippi Street and Central and wondered what change they would have in making a go of another operation. Where would the potential business come from, the trailer court� � PUBLIC HEARING MEETSN+:, APRIt 12, 1971 PAGE 2 Mr. Lance Norderhus,representing Colonial Services, said that Champlin petroleum � Company reLied on a study made and they felt that this location is feasible. He said that this was to be a combined operation, the superette and gas station would have to work together. He said that they got this property from Taco Town about one year ago and did put the property on the market with M-2 zoning but under this zoning they could get no buyers. The building would have to cover too much of the available ground. He said that he understood that gas stations are allawed in M-2 zoning but the setback requirement is very great, and for this reason the request to C-2 is being made. They would have needed a variance with M-2 zoning, but they wi11 not need one with the C-2 zoning. There is a Gulf Station kitty corner across the street. He then showed some pictures at the Council table. Mr. Norderhus asked about their sign variance request The City Engineer said that if the Council approves the rezoning and special use permit request, then they will consider their plans and the sign variance at the same time. Mayor Kirkham said that he notic�d that there was a similar operation on the corner of �ast River Road and Osborne Road and it appeared that they could not make the business go, Councilman Lieb1 said that he thought that the Engineering Department should be requested to make a resume of how many operations of this type the City of Fridley has. At some point the City will become saturated and the Council will be at the point where they wi11 have to say no to the applicants He said that he would like to see the plans before voting on the rezoning. He said that there was open land behind this area and wondered if this might block some large concern from � coming in. Councilman Breider asked who owns the property to the south. The City �ngineer said that it is a11 owned by Target. Mayor Kirkham informed the applicant that the normal procedure of the Council was to hear the application at the public hearing, then there is no action taken until the nest regular meeting. MOTION by Councilman Kelshaw to close the public Hearing for Colonial Services Co. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried and the hearing closed at 7;55 P.M. PUBLIC HEARING ON A REZONING REQUEST, ZOA �k70-17, RY RICHLAND, INC., R,C. ERNST, TO REZONL^ FROM R-1 TO R-2 THAT AREA GENERALLY LOCATED BETWEEN MISSISSIPPI STREET, RICE CREEK ROAD, ARTHUR STREET AND STINSON BOULEVARD: Mayor Kirkham read the Public Hearing Notice and the City Engineer showed the area on the overhead pro�ector, and said that this requcst is to rezone from R-1 to R-2. The recommendations of the Planning Commission are in the Council Agenda. Their recommendations are that the lots along Mississippi and Arthur Street should stay R-1 and no more than 50% should be rezoned to R-2. This is an area where there is no storm sewer system and the City would either have to provide a complete drainage system or an in-between step type system to handle the water until the area develops more or until the City Council sees fit to put in a whole system. He showed the area on the easel and said that the proposal is to let Anoka Street � go through and the rest of the streets have cul-de-sacs with the development around the streets. Any development in here has to be tied into a proper drainage system so there are no problems when people start living in this area. The Planning Commission recommended that of 74 lots laid out, no more than 37 lots be developed to R-2 c� .� PUBLIC HEARING MEETING, APRIL 12, 1971 PAGE 3 ' Councilman Kelshaw asked, if there are to be single family residences on Arthur Street and Mississippi Street, could they be made into 70 foot lots� The City Engineer said that this would be the Council prerogative The Ordinance ca11s for 9,000 square feet with 75 foot frontage. Mr. Oliver R. Erickson said that he was a member of the Planning Commission and also owned Lot 3. He said that the reason behind this request was one of economics. He said that he also has heen concerned about the storm water problem. This entire area would support 110 single family lots, or 140 to 150 units, with the density of 50% two family residences aad 50% single family residences on the developable land leaving room for drainage pond. This does cut down on the feasibility. If the Council would allow 70 foot wide lots on Lot 3, he said that he would build al1 R-1 residences. In order to make the storm drainage system work that is laid out, there must be a greater density than allowed under R-1 He said that he was not directly involved in developing this property He said that he felt that this type of pro�ect will solve the storm sewer problem for the community Even if developed as a park, it would still some day have to have some type of starm sewer system. He said Lot 3 has been taxed, including assessments, for over $2,000. It is not fair to tax property then say it cannot be developed. If the Council were to say that the pro�ect is not feasible, then the Citywould also have to say, put in the storm sewer system. Counciiman Breider asked how many duplexes they would be putting in. Mr. R. C. Ernst sald that he did not know. It would depend on what the market is going to ca11 for. He felt that this is a very desiraUle residential area. IF there is a � market for two family dwellings, he would like the opportunity to develop them. It is a11 a matter of economics. He then showed a rendering of the area and said that there were three to four xeas showing wet lands and they intend to concentrate them into one area. There wi11 be about four acres of surface water. The other ponds will be filled. They intend to deed some land for the parks. He suggested that the City could open up the natural drainage way toward Central into Moore Lake. They would retain as much water as possible in the pond In answ��r to the question about density, they must charge a little more because of the filling of theponding areas that is necessary and if there could be two family dwellings in this area, they could recover some of the cost. He ssid that he would build and se11 as homes, and they �ould be a11 owner occupied Councilman Breider asked if there was any future plan to make an application under HUD for low incon2 housLng. Mr. Ernst ssid no Councidman Breid=_r aske3 what if he razoned to R-2, then there is not a marke= for drnsblea, what then� Mr. Ernst said that then he wo�ild d�:velop as R-1. Councilman Breider asked if he would he renting any units. Mr. Ernst said no. Counci�man Liebl said that this area has been his concern for a number of years because of the storm sewer problem. He said that he was somewhat skeptical about a ponding area, and pointed out the problem with Sylvan Hil1s until there could be an adequate storm sewer system developed. He then asked how many acres is involved and Mr. Ernst said 32 acres, and added that the Ordinance would a11ow 144 families under full occupancy under R-2 density. � Councilman Liebl said that this plan would utilize the land to the utmost, The land is uneven and there are natural ponding areas now. He said that it appears that they would 6e deediag about 6 acres to the parks system, inthe area �ust north of where thepond is to 6e He poiated out that there was a hearing on the Riedel property with � PUBLIC HEARING MEETING, APRIL 12, 1971 PAGE 4 a proposed ponding area and the Council took a negative view. He asked if it was � anticipated that it would be about $50 per home for the drainage within the area. Mr. Ernst said yes. Councilman Liebl asked how many hones are now within this area and the Crty Engineer said �ust one, a farm house. Councilman Liebl asked if this step system for drainage would alleviate or aggravate the probiem. The City Engineer said that it would aggravate the problem along Pierce Street and the Rice Creek Road area west of Central. Councilman Liebl said that by rezoning he did noe want to see the situation aggravated and the problem enlarged that they are trying to solve. When talking about a storm sewer system of this size, you would have to have a quantity of pipe to take care of the large amount of water, and asked if this can be done. The City Engineer said in 1962 he presented a proposal to take care of the total drainage district in this area. The Council did not proceed with the development because of the high expense. In 1966 the City made an application to the Federal government for a grant but it was not approved. He then showed the storm sewer district on the map. The Council has to realize that eventually there will be a storm sewer system needed in this area. It is a question of putting in heavy assessments when the property is not fully developed as the assessments would be very high. He pointed out that the cost increases every year at about 10% per year. Councilman Breider asked if the drainage district were to be developed now, would it be a benefit to this area now. The City Engineer said that eventually everybody's storm water will get into the pipes and then they will be assessed. This is a more expensive drainage area to develop. The proposal is to cut through a ridge and go to the north to Rice Creek, This has to be done eventually. He suggested that they could try to get by as much as they could not until the area fully develops, then put in the system. Generally the sentiment of the people is that � once the water goes off their property, it is not their problem. There might eventually be 500 - 6D0 homes in this district but only 50 or 60 would have any trouble. This is a very unpopular kind of improvement. He pointed out that in Melody Manor al1 the utilities were in before the area developed, but that was done at the owners request, Mississippi Street cannot be improved until they take care of the drainage. This proposal would be an interim solution, not a complete solution. There cannot be an outlet going to Moore Lake, it would have to go to the Creek. Mayor I�irkham asked how long it would be before his area is fully developed. Mr. E�nst replied two - three years, including the street improvements and the ponding area. Councilman Liebl asked the total cost, but Mr. Ernst said that he did not have that at this time. Councilman Kelshaw asked if the area were built up, could the people be assessed? The CityEngineer said yes, Councilman Kelshaw asked if it would not be possible to have them put money in escrow toward the storm sewer assessment. The City Engineer said that the improvement has to be ordered hefore an assessment can be placed. There could possible be money held in escrow, however he pointed out that this proposal under considera- tion at this time is only a small part of the total drainage district. Council- man Kelshaw asked what is holding the City back from putting ia this sytem. The City Engineer said that the people did not want it. Mayor Kirkham added that the City has wanted to put in the system in that area for some time now, but rt is hard on the individual's pocketbooks. Even if money is held in escrow from this proposal, it would only be a small portion of the total drainage district. As � to putting in the system before it is developed, the property owners would be hard put to come up with that much money before any incoming money is seen. In Melody Manor it was gone ahead with at the owners request. He said that the ."� PUBLIC HEARING MEETING, APRIL 12, 1971 PAGE 5 � R-2 may be an advantage as there would be less school children in the doubles than in single family residences so the City would appreciate a greater tax return with fewer children. Councilman Breider asked what would stop someone from buying some homes, then applying under HIID for low income housing. Mayor Kirkham said that this would depend on what type of duplexes are developed. There are some put in in Blooming- ton that certainly would not be applicableas they are very nice and in no way could be considered 1ow income housing. Councilman Breider said that he doubted very much if elderly couples would retire to a duplex Mr. Roy DeMars, 1442 Mississippi Street, said that he was three parcels away from the property in question. He said that he had heard tonight that it would Ue $50 per lot and aaid that they own about one acre. He asked how many lots are in an acre and the City Engineer replied four. Mr. DeMars said that Mr Ernst has said that if the people did not go along with their system, it would cost about 51,000 for the system. He said that the storm sewer system would not help him one bit. He said that his property is such that the water does not drain off. North of Mississippi there are very few that would drain into this area either There was a row about this drainage syctem before. There is a ditch south of 64th that drains to Central. Mississippi Street is theonly main street in this area and would act as a funnel for all the traffic generated here. All the shopping districts sre to the west of this particular area except for Super Value All the traffic wouldhave to come west to get out of this area Eventually there may be 2z cars per family and they would be using Mississippi Street � Mississippi Street cannot accept that much more traffic. He said that he was not trying to downgrade the proposal, but wanted to point this out. There _ would have to be roads built and their taxes are already high, and the people could not afford it. Mayor Kirkham said that there was something that the people must understand about storm sewer districts. You could consider the whole of Fridley in one storm sewer district, but it is impossible to p�t in the whole system at once, so the Engineering Department makes surveys and divides the areas up into districts. Every drop of water eventually enters one district or another. The State Statutes state that everyone must pay their fair share of the drainage district based on square footage Right now this particular area doas not have a storm sewer so it is not assessed, but eventually it will be needed. Even if your water does not drain into this pond, you wou3d still be within this drainage district. Eventually the whole City wi11 be serviced by storm sewer systems. Mr. DeMars said that he did not ob�ect to that, but Mr. Ernst told them that if it was not done his way, it would cost them about $1,000. The City Engineer sai.d that this would be about one million dollar pro�ect, and the figure of $1,000 is not too far off One basic reason the Crty of Fridley has been reluctant to put in the system is the cost factor, this is why the request was made to the Federal Government Theywould have to dig quite deep to get into Aice Creek. Mayor Kirkham said that Mr. Ernst was trying to point out to the people that eventually the water will have to be piped and he tried to give them a rough estimate. � Eventually Mississippi Street wi11 have to be upgraded to take rare of the traffic, It is a State Aid road now and part of the cost wi11 be paid by State Aid funds The people that live along the street would pay an assessment for a normal street �) PUBLIC HEARING MEETING, APACL 12, 1971 PAGE 6 and everything above that would be out of State Aid Funds. Whether this � development goes through or not, Mississippi Street will still have to be assessed when the street in improved. The request cannot be denied on the basis of not enough streets, it is the obligation of the City to provide the streets. Mrs. Ted Gonsior, 1601 Rice Creek Road, said that they were the owners of the property in question, She said that they have held onto the property as long as they can, but now her husband is on social security and they must sell the property She said that she was pleading with someone to help. Councilman Lieb1 asked her if she was for the rezoning or against it. Mrs Gonsiar said that they have a nice home on Rice Creek Road and it is maintained very well and anything that is going to improve the dead waste 1and, she was for She felt that if houses were built in there, the City would get enough taxes to put up with other things. She said it was now difficult to keep their home looking nice with the waste land next to it Mr. Robert Pence, 1489 64th Avenue said that the storm sewer problem wi11 be there whether this development goes in or not, He said he was concerned about how many buildings are going into this 32 acres. The discussion has gotten away from the actual type of dwellings. He said that he would like to get a concrete answer on what the builders are willing to go along with, R-1, A-2, or a mixture of both. Mr. Erickson has said that he would put in R-1 along Mississippi Street and Arthur Street if the Council would aLlow 70 foot lots, and Mr. Ernst has said that they would not put in more than z into doubles. He asked if the proposal for the pond is feasible or not. Would it be temporary ' or permanent? If it is of some assistance, would it cut down on the cost of the total system? Mrs. Ted Gonsior said that the water all runs from the east, west and north into this area. Mr. Walter Eyler, 1456 64th Avenue N. E., said that if they have this ditch from the holding pond into Moore Lake, it wi11 be through his lot. He asked how deep and how wide it would be The City Engineer said that the general terrain is such that the water would eventuaLly go into Moore Lake. He said that the recommendation is that it should be a 4 to 1 s�pe, to have a gradual slope. As indicated if the pond and ditch is provided, it would be an interim solution. The question was asked if this would bring about a reduction in the cost of the total system. There would be some reduction but he could not say that it woald Ue a suUstantial amount, Some areas would not haae to put in the system so deep. It would also depend on whether the system would be a combination of a smaller pipe with a holding pond or a total system with a deep pipe Mr. Ey1er said that south of 64th there are 19 children. He said that his children like water and it is hard to keep them out of it. The City Engineer pointed out that there is open water now. Mr. Eyler said yes, but not near the resideatial lots. Mrs. Gonsior said that all the children come to the pond to play and they are nine to ten years old. They wi11 not respond to her wishes and play there anyhow. She has tried to make them leave, but she �ust could not keep the children off the property. Councilman Lieb1 said that the ditch would be Located in the right of way south of 64th Avenue in line with Arthur Street and in a west line bisecting Rice Creek Road. Mr. Eyler asked if there was to be any road bisecting ' these lots. If there is he said his lot would not be worth a dime. The City Engineer said that there is an existing ditch where water stands now. The Planning Commission recommended instead of running the way it is now, relocating it along the back lot line between Rice Creek Road and 64th. Councilman Liebl asked how much water is in the ditch. Mr. Eyler said he did not know, but there was more than 3 feet to 4 feet now in the spring i PUBLIC HEARING MEETING, APRIL 12, 1971 PAGE 7 � Mayor Kirkham asked if there were any plans to split the lots between Rice Creek Road and 64th Avenue. The City Engineer said yes, they are now 300' lots and if the peo;�le in the area want to, there is enough property so they could be split into normal residential lots Mr. Daryl Wolf, 6446 Arthur Street N. E., said that he realized that the storm sewer wi11 have to go in sometime, but he felt they should wait until a11 the property is developed and Let the people then pay the assessments, rather than �ust a few of them in there now. As far as the rezoning goes, he said that he has been against it. He �ust recently purchased his property and felt that R-2 would downgrade the area. They are not taken care of like a single family dwelling If R-2, except for along Arthur Street and Mississippi Street, he could go along with that. MOTION by Councilman Kelshaw to close the Public Heariag on the rezoning request by Richland, Inc Seconded by Councilman Liebl. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried and the hearing closed at 9 OS P.M. RECESS: Mayor Kirkham declared a recess from 9:05 to 9:25 P M. ALdARDING OF BIDS - LIQUOR STORES (BIDS OPENED FEBRIIARY 26, 1971, TABLP�D APRIL 5, 1971 (NOTE; Bids listed in Minutes of March 1, 1971) � MOTION by Councilman Liebl to award the bid for 3710 P�ast River Road to George Nicklow for the sale of 1.8 acres and building in the amount of $101,000 00 and the Administration is directed to draw up: No 1, Necessary Ordinance for sa1e� No. 2, Lease Agreement; No. 3, Contract for Deed, No 4, Contract to be signed by buth parties Seconded by Councilman Kelshaw. Up��n a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried. The City Attorney suggested that as far as the sale of Shorewood is concerned, that the Administration be authorized and directed to write letters to each person that bid, and perhaps any other individual indicating an interest, that the bids have been re�ected and the Council will entertain a written proposal containing a written statement of the cost of the Lounge and plans for enlargement and remodel- ling the building and what type of food operation would be contemplated and what type of liquor is contemplated and also what kind of entertainment is planned. He said that Mr. Dasckiewicz has been in contact with him and promises an answer in three weeks. This item could then be brought back for the meeting of May 3rd and in the meantime, the Administration could write the letters, and get the proposaLs. MOTION by Councilman Kelshaw to re�ect a11 bids for Shorewood and order that the Administration get in touch with all individuals who bid as outlined by the City Attorney and the City would then pursue negotiations at this point This itan to be brought back May 3, 1971, Seconded by Councilman Breidero Upon a voice vote, all vot�ng aye, Mayor Kirkham declared the motion carried � REPORT ON LICENSE FOR FRANK'S USED CAR LOT (Tabled Apri1 5, 1971): The City Engineer pres€nted photos of the area to the Council and said that last time the license came before the Council, he was asked to move the cars, which he did. He is now once again parking on City property and on the property to the south. The pictures show �unk on the property. He said that he talked to the � PUBLIC HEARING MEETING, APRIL 12, 1971 PAGE 8 Police Chief and he talked to Mr Gabrelcik indicating to him to cease and � desist parking on 58th Avenue right of way. After 1•00 he will start tagging the cars and they wi11 be hauled away. The Police Department does have the power to tag the cars if the Council wishes. The Acting City Manager said that he could be requested to come hefore the Council and asked to show cause why his license should not be revoked. Mayor Kirkham asked what about vacating the street. The City Engineer said that there were utilities in the street, so if it was vacated, the City would need some easements back. Councilman Lieb1 said that Mr. Gabrelcik says that he owns the lots on both sides of his 1ot now. He said that he had shown him the deed. Mayor Kirkham said that if he wanted to use the street, he should come in and ask for a vacation and in return the City would have to get back some easements. Councilman Breider said that the area looks like �ust barren ground. The Council takes action against other people with �unk cars. He felt that the Lot could use some landscaping The City Engineer said that the Council could require certain improvements He felt that he should 6e asked to appear before the CounciL Councilman Breider said that he would hate to think that after rezoning, the primary use would be a used car lot. He said that he would like to see what his plans are for the area. Councilman ILelshaw said that it appeared that Mr. Gabrelcik cleans up his lot every year before the license is due. The City Attorney asked if the license listed his legal description. The City ' Engineer said that it does not, �ust an address. The City Attorney asked if the original license included the pieces of ground he �ust bought recently and the CityEngineer said no The City Attorney said that if he bought additional land and expects to use it, his license application should state that. The City would need additional information. The permit should be issued for a certain lot and block and if he bought more, he should ask for his license to be expanded to con- tain the new lots. His suggestion would be that the license be issued only for the original piece of land and that that land be listed by lot and block. The Acting City Manager said that he wo;zld be in touch with him and will ask him to bring in something in the way of proof of the additional property he has bought MOTION by Councilman Kelshaw to grant Mr Gabrelcik a license for only the original piece of land on the license and that the license is to list the lot and block numbers. If he wants a license on the additional property he bought, he is to request same Seconded by Councilman Breider Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. APPOINTMCNT OF ARCHITECT FOR PROPOSED ADDITION TO FRIDLEY MUNICIPAL GARAGE: Mayor Kirkham commented that it would make sense to continue with the same architect as was used previously. MOTION by Councilman Kelshaw to appoint patch, Erickson, Madson & Hanson, Inc., Architects and Planners, as architects for the proposed addition to the municipal ' garage. Seconded Uy Couacilman Lieb1. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. t) PUBLIC HEARING MEETING, APRIL 12, 1971 PAGE 9 � CONSIDERATION OF CHANGE IN CITY CODE REGARDING PLACING OF GARBAGE CONTAINERS FOR EXISTING APARTMENT HOUSES: The Acting City Maaager said that Councilman Kelshaw had ca:led him in regard to what requirements there were in the Code in regard to older apartment houses having to screen their garbage containers. In the new buildings the apartments must enclose them, but he questioned what can be done with the older apartment houses. Councilman Liebl said that there were problems with this in his Ward. Council- man Kelshaw said that in areas where R-1 butts up against multiple, he has had complaints that the garbage blows into the residential areas and he questioned �hy the Council could not require a wall or a fence with a gate so that the trucks could 1oad. He would suggest a redwood fence that would go aloag with the color scheme of the apartment house. There would not have to be any roof. The City ACtorney said that this seemed reasonable If it was challenged, the �udge could give an opinion, but in view of the fact that the City does have this problem, he did not think he would rule against the City. It would not be a big expense. Couacilman Kelshaw feLt that it should be a solid wood fence Councilman Breider suggested that the City Attorney and the Building Inspection Department get together and draft an ordinance. The Acting City Manager commented that most of the new apartment houses have incinerators. The Crty Attorney said that he would work on a draft ordinance, and bring it back at a later date. � RESOLUTION �k4S-1971 - ESTABLISHING WORKING CONDITIONS WAGES AND HOURS OF OF THE CITY OF FRIDLEY FIRE DEPARTMENT: MOTION by Councilman Lieb1 to adopt Resolution �k48-197L The motion was seconded and upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. DISCUSSION ON PROCEDURE ON INSURANCE CLAIMS (OLIVER R. ERICKSON) Councilman Kelshaw read a letter to Oliver R. Erickson concerning a sewer back up cLaim he had against the City. He did not know about th�z 3Q day statuatory limita- tion and did not notify the City in writing that there was a claim within the 30 days. Mr. Erickson had the City men there and in a sense he did notify the City by having the men out, it �ust was not in writing Due to the statuatory lx.mita- tions the claim was denied. The City Attorney said that it is a state requirement that any claims against the City must be within 30 days. One exceptian to this is if there was a claim based on negligence on the part of the City employees. He asked that a copy of the Letter be given to him so that he could check rt out. Councilman Kelshaw said that he would turn it over to the Acting City Manager. Councilman Breider asked how much the claim was for and the Acting City Manager said in the neighborhood of $250, Councilman Breider suggested that there perhaps should be a form that the City � employee could give the home owner when there is to be a claim. Counci3man Kelshaw said that he did not think that it was that many days over the 30 day limitation and he felt that to refuse a payment on that basis was rather sma11 of the company. The City Attorney said that the Lnsurance company wi11 not make 1 �1 PUBLIC HEARING ME$TING, APRIL 12, 1971 PAGE 10 any payments the City of Fridley is not liable for If they d�d the insurance , premiums would go up drastYCally The legislation statesthat notification must Ue made within 30 days. Councilman Kelshaw said that Mr. Erickson was not aware of the limitation. $e wondered if perhaps the City should publish a notice to that effect The City Attorney said that there have been some significant law suits where the person had a valid claim, but if the Statute says 30 days and notification was not given within that 30 days, they were dead. Councilman Kelshaw felt that the only honest thing to do would be to notify the public of this 30 day limita- tzon. There would sti11 have to be liabxlity provea. Councxlman Breider thought a better way to handle it is when a City employee goes out on something such as a sewer back up, to take a notification along of what the law is. The City Attorney said that the City is under no obligation to publish this information in the paper. Counczlman Liebl said that the City could be swamped with claims, what about rusty water? Councilman Kelshaw said that he did not feel that the City should hide anything from the Citizens The City Attorney commented that this is an instance where being ignorant of the law is not excuse. Councilman Breider said that he was not in favor of publishing the notice in the paper. Councilman Breider said that he was not in favor of publishing the notice in the paper. Councilman Kelshaw said that there could be an instance where a person is laid up in the hospital. Mayor Kirkham felt that if Mr. Erickson had someone come out and fix a sewer back up in his home, this would be notificatican to the City of a claim. PAOCEDURE OF POLICE DEPARTMENT ON CHECKING HOMES DURING RESIDENTS ASSENCE• � Councilman Liehl said that it has come to his attention that when a resident leaves town, some people ask the Police Department to check their homes, They leave a note on the door knob of the time and date they checked. He did not feel that it should be left in plain view of anyone, but should be pushed under the door or through the mail slot. The City Attorney agreed that this probably was not the best procedure and suggested that the City Manager ask the Police Department to put the notice under the door or through the mail slot. DISCUSSION OF PRESENCE OF SECRETARY AT EXECUTIVE SESSIONS OF THE COUNCIL: Councilman Kelshaw asked the City Attorney if, now as a public servant, he was sub�ect to being quoted. The City Attorney said that he could correct or refute anything that he had said Anyone making a statement is sub�ect to being quoted. Councilman Kelshaw said that he had gotten a telephone ca11 from Representative Joe Connors saying that he had misquoted him. Representative Connors said that what he had said should not have been repeated. He said that because of this he would like to request that a secretary be present at all the executive sessions of the Council. Councilman Lieb1 said that at times personalities are discussed and this would be a bad policy to have the secretary present. Mayor Kirkham said that it would not necessarily need to be the Council Secretary, ' but could be the City Manager. The City Attorney said that there may be certain sub�ects that the Council would'not want minutes on and the minutes circulated. This is the reason for executive sessions. Councilman Lie61 agreed and said ' � � PUBLIC HEARING MEETING, APRIL 12, 1971 PAGE 11 that this was what the executive sessions were for. What is said at these sessions are not to be quoted. Councilman Kelshaw said that if he is goiag to be called on for saying something, he would like Lt down Ln bLack and white AD JOURNMENT : There being no further business, Mayor Kirkham declared the Special Public Hearing Meeting of April 12, 1971 ad�ourned at 10�25 P. M. Respectfully submitted, � �������'�rz-�-�' �'�" �r Suel Mercer Secretary to the City Council �� ,,� / �,'� .CL[, )� � 1 " j Jack 0. �' Mayor �� �/ , �S G 07� "`�!-iv._ i` Kirkham i�