11/27/1963 - 00023009���
Respectfully subm3tted,
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� Su€ Miskowic ayor = Wm. J. Ai e
Secretary to the Council
� SECON➢ SPECIAL COUNCIL MEETING AGEN➢A - WEDNESDAY� NOVEMBER 27, i963 - 8:3o P.M.
A second special meeting of theCity Couneil of the City of Fridley was
called to order by Mayor Nee at 9:30 P.M.
ROLL CALL:
Members Present: Nee, Sheridan, Johanson� Brook
Members Absent: Wolke
NEW BUSINESS:
CONSTDERATION OF P10R'i'H SUBURBAN SAIVITARY SEWER DSSTRICT WITHDRAWAL
PETITIONS:
Mayor Nee announced the problem oi the N.u.S.S.D, withdrawal petitions
had come at a meeting he had attended the previous naght of the North
Suburban Sanitary Sewer District� that Andrew Kohlan, attorney for
the N.S.S.S.D.� in a letter had advised the Board of the N.S.S.S,D.
� that since the action of the petitione from Fr2dley apparently
passed the resolution requesting detachment was done on November
_, llth� a legal holiday� this action would not be valid unless it was
demonstrated to be unnecessary action and the petition didn't
demonstrate that it was necessary in any event. The Board� it was
explained, would be derelict i£ they acted on this petition
because there is the possiblitp of someone pursuing it to the con�rary.
Mayor Nee s�ated that rather than argue it wsth the Board, he had thought
the City Council of Fridley could possibly go 6ack and put a new
date on their petition� but if Fridley did abandon the petition now�
they might be in a worse position concerning the liabil3ty of the
construction contract. Mayor ldee further etated he wasn't sure if
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putting Yn another petition would necessarily mean the City Council
of Fridley would abandon the first one.
City Attorney Smitn explained to the Counc3l he had not been aware
of this problem until late this day but had understood that the City
Manager had talked to Charles HoWard� attorney� that he had person-
ally learned about this from a newspaper man who had called him.
City Attorney Smith explained he had checked the statutes and it
was his feeling that th�s was probably a tactical play more than
anything else� that the statu�e does set up certain days as holidays �
and it includes November llth} but specifically states no public
business shall be transaeted on any holiday except in cases oP
necessity or in cases transacted by the legislature, He stated
this was a legislative act and it �s a case o� necessity. City
Attorney Smith explained there is a case in the district and in
that case the Court ruled that public business transacted on a
holiday is legal� that he had also found an attorney general's
opinion in this regard. City Attorney Smith furtherexplai�ed that
follo��ing the last regular Council meeting he had met with Charles
Howard and turned over to him his N.S.S.S.D. file and memorandums
and had spent an hour outlining what he had interepreted the problems
of Fridley were and hadgiven him a copy of the resolution and the
petition that Fridley had adopted. He explained Mr. Howard had
stated he would study these and get in touch with him.
City Attorney Smith explained to the City Council the forma� that
was used in calling the public hearing at Hayes School was the same
that was used in the Village of Brooklyn Park detachment� that he
had obtained their papers before he' had prepared those for Fridley
and went over these carefully and the act itself isn't too clear
as it provides speeifically that to become detached you do it in
the same way as becoming attached and it isn't certain in its own
form who runs even the public hearin�. City Attorney Smith further
explained the Fridley notice provided that the hearing would be
held at Hayes School �r at some other time and place as the Distriet �
Board would designate. In Brooklyta Park they didn't have this
problem because the Board was willing to let them detach, that
secondly� the N.S.S.S.D, had elready set up a meetin� in Brooklyn
Park that had something to do with rural lands and this was chosen
to be the same time and place. It was explained� Fridley doesn't
have that and have chosen the time and place and since it isn't
clear whose hearing it ls that if Fridley set the hearin� outside
of the community specifically� there would be no way of knowing
if they would open the door for the meeting.
City Attorney Smith stated he would meet with Mr. Charles Ho$ard,
attorney� on Fridley and it was his view that Fridle� should
continue with the hearin� as it is set up at Hayes School� and
that Mayor Nee chair the meeting and that Fridley ta�e such action
as they wish and continue it or close the hearing and make a
record o£ what is said, etc. It was explained that� possibly� other
communities will have representat3on and Fridley should take their
names and addresses down� etc. City Attorney Smith stated this
evening the City Council might ratify the action on November .
llth as stated in the petition and resolution; namely that there
was a newspaper announcement � week before that indicated
�hat the N.S,S.S.D. Boand were going to let a contract and the
Monday night mentioned was the earliest time that the City Council
could call� nnder the City Charter� a special meeting of the City-
Council and this is public necessity. He further stated iY the �
N,S.S.S.D. Board were not going to let Fridley detach, it
would be a court case regardless.
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'Phe City Manager stated he had contacted Mr. Charles Howard, attorney, and he
had felt there was no neeessity but that there was nothing wrong with calling
a hearing. He had stated there was nothing in the statute that provided for
the City of Fridley to force the district to call a hearing on their request
and the action the Council could take would be to reaffirm the hearing by
resolution and subsequently to the hearing, reaffirm the petition for detach-
ment. The Resolution, it was eaplained� should be, not an indication they
are abandoning the first resolution� but are only passing it on the legal
opinion just because of that.
City Attorney Smith explained the City of Fridley did not have to conduet a
hearing, Mayor Nee st�ted that unless they would argue that, the City Council
should hold a hearing, they would justiiy the resolution and petition that
Fridley had sent to the Board. He further stated that he felt the counter-
arguement would be that Fridley would, in the sense caf' the ballot previously
east� condUCt a hearing� that the hearing should be undertaken and this could
be the hearing for the City of Fridley�or Nee announced he had asked £or
a reconsideration of the contract award with the Board of the NSSSD and they
had stalled it and recessed the meeting until the 10th of December. Mr. Joyner
had said if the motion were killed, the contraetor would either be released or
have action against the district for the award and than the caneelling of
same. Mayor Nee explained the award had actually not been signed at the NSSSD
meet3ng and he had stated he didn't want the meeting closed without the Board
of the NSSSD having this put to a vote� so they had recessed the meeting, The
City Manager stated that in his conversation with Mr. Charles Howard, he had
said they shovld hold the meeting because the people who are there vexy 1ikely
wowld add that much more pressure to the advisory vote. Councilman Sher3dan
stated tl�tat his impression was from City Attorney Smith"s comments� the City
of Fridley could have passed a resolution to have Fridley withdrawn from and
or they could draa a resolution asking that any other community or anyone Y�e
detached from it. Mayor Nee stated the problem at hand was whether the City
Council would want to argue with the stall or act on this problem again, and
City Attorney Smith or Mr. Howard could decide what the correct responsible
thing could be. City Attorney Smith stated he would prepar� a resolution giv-
ing the necessity and ratiiication and suggested the City Council could refer
this item to him to prepare the necessary resolution.
Motion by Sheridan to refer to City Attorney Smith for the drawing of the proper
resolution the necessity and ratiYication of the consideration of the North
Suburhan Sanitary Sewer District Withdrawal Petitions and place same on agenda
for the 2nd of December� 1963• Seconded by Brook, Upon a voice vote� there
being no nays, the motion carried unanimously.
ADJOURId:
There being no further business� Mayor Nee declared the second special council
meeting of November 27� 1963 adjourned.
Respectfully Submitted
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Sue Miskowic
Secretary to the Counczl
REGULAR COUNCIL MEETING - DECEMBER 2r i963
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R - Wm. J . Y;ee
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A regular meeting of the Council of theCity of Fridley was called to order by
Mayor Nee at 8:15 P. M.
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