Loading...
06/09/1965 - 00022078�46 ADSDURNMENT; There Ueing no further business, P4ayor Nee declared the meeting ad�ourned at 11:27 P M. Respectiully submitted, �,` �� r , �� �c���.'.,� �����— ,� "�-` Raymond E. Bade William J. N e Secretary to the Council Mayor � THE MINUTES OF THE SPECIAL COUNCIL MEETING OF JUNE 9 1965 A special meeting of the Council�of the City of Fridley was called to order by Mayor Nee at 8:15 P.M. ROLL CALL: Members Presrnt; Nee, Kirkham, Thompson Members Absent; Wright Sheridan CONTINUED HEARING ON DEMOLITION - 584 RICE CREEK TERRACE (TABLED 6/4/65): Mayor Nee asked who is concerned with the d�molition hearing on the property of Leo S Aiedron. Leo 5. Biedron was present at the Council meeting Phillip J Stern, attorney for Leo S. Biedron was present Dean Johnson attorney for the IItah I-Io:n.e Fire Insurance Company, stated that he was interested in the demolition of the Biedron home and wished to speak to the Council concerning thls matter � Mayor Nee inquired of the parties whether there have Ueen any new developments since the last Council action on demolition of the home. Mr. Sohnson said that there had been no settlement, but that he had a contractor's estimate which he wished to transmit to Mr Biedron and to his attorney, Mayor Nee asked Dean ,Tohnson whether he wished to bring any witnesses before the Council. Dean Sohnson said, "No," he only wished to protide Mr Biedron with an estimate for rebuilding his home, and wished to have the Council informed of the amount of the-estimate as well as Mr Biedron's attorney. The City Attorney inquired whether the home had been reinspected since the last Council meeting. Mayor Nee answered °Yes" Mayor Nee asked the City Building Inspector to give the Council the History of the inspections of the home, Allen Jensen informed the Council that the home had been inspected on May 28, 1965. He outlined the damage to the home as a result of the tornado. On June 9, 1965, Mr. Jenseq, Mr. Flynn and Mr G�isen, structural engineer, reinspected the home and found the damage to be sufficient to require total demolition of the home to the deck and repair of the foundation hefore the home could be rebuilt to comply with the City Codes. Mayor Nee asked Mr Geisen to give his report of the inspection Mr Geisen � reported on the inspection made on June 9th He listed additionel items to the report of Mr Jensen of damages to the property, namely, that the house has been shiited north and west, a floor �oist over the furnace is fractured and the house has sustained substantial damage to the floor an@ the structure The north- west bedroom wall is pulled from the floor and extensive damage has been done to the inside of the house Mayor Nee Asked Geisen whether he found the strucuture , unsafe for habiaLition and Mr. Ceisen answered, "Yes." Mayor Nee asked Mr Geisen whether he is familiar with the City Codes or the BOC requirements, Mr Ceisen answered, "Yes " Mayor Nee asked Mr Geisen to state his qualifications Mr Geisen replied that he is licensed, structural engineer with consideraUle experience in the home construction field. Mayor Nee asked Mr. Geisen whether the home could be repr�ired Mr. Geisen answered that the home could not be repaired without demolishing the structure to the deck and rebuilding it from the deck upward Mayor Nee asked Dean Johnson and Mr. Stern whether they had any questions of the witnesses ➢ean Sohnson said that he would like to question Mr Geisen, Dean Johnson asked Mr Gelsen what demolition procedures he would recommend for 247 the plumbing fixtures and the plumbing above the deck Mr Geisen stated that he believed the plumbing fixtures above the deck could be preser�ed especially in the bath room area He stated that it might be possible to reuse all of the plumbing fixtures in the bath room area that the wa11s where the plumbing connections to these fixtures are located might be stripped to ascertain the damage to the walls and there might be a possibility that these walls as well as the plumbing in the wa11s could be reused Mr Johnson 25ked Mr Geisen if it p�uld be possible to save any of the other plumbing fixtures in the house NIr. Geisen replied that in so f2r as he knew, although he is not � plumbsng inspector, but from his own observation, few of the plumbing fixtures were damaged � and if the damage to these fixtures is not sufficient to warrant their destruction they need not be destroyed. pqr. Sohnson asked Mr Geisen what the condition is of the plumbing fixtures in the kitchen. Mr. Geisen replied that he did noC check the plumbing in the krtchen or in the house generally to be aUle to say very much concerning the plumbing fixtures in the kitchen He stated th�ti$e shifting of the house more than likely broke some of the plumbing and that L'his plumUing would necessarilp have to be replaced. M2yor Nee stated th�t consideration of theplumbing fixtures is not rele�ant to the discussion of the structural strength of the house and not relevant to this discussion. He stated that it is not necessary for the structural inspectors and the structural engineer to examine the plumbing fixtures in the house. Mr. Johnson asked Mr Geisen whether he examined a11 the plumbing fixtures and the electrical appliances which were built into the house, Mr. Geisen answered "No." Mr Johttson Informed the Council th2t he had an estimate from a contrzctor which he would like to present to the Council. He stated that this estimate was received from the Giertsen Construction Company He stated the Giertsen Construction Company made this estimate in the belief that the walls could be reused and the plumbing and electrical fixtures need not be demolished or �ny extensive repair made to the plumbing and electrical work in the house He stated that the contractor did not contemplate removal of the walls as was found to be necessary by the City Building Inspectors and the structural engineer, Mr Stern, attorney for the home owner, stated thaL- he recei�ed an estimate from a contractor, one A1vin L. ➢erksen of ➢erkson Builders Inc. He caould like ' Co present the estimate made by Mr. Derksen to the Council. Mr. Stern �sked Mr. Derksen what is required in the way of repairs to pl�ce this home in the same condition Chat it was before the tornado, Mr Derksen answered thaL- the building must be stripped to adhere to the code, that it might Ue possible to sa�e some of the plumbing fixtures a6ove the deck but the building otherwise must be sttipped to the deck. He stated that without stripping the walls examining Chem carefully and conducting a careful examination of the structural members of tYie house, in future years possibly toro years structural fazlure could take place in the house. He stated that floors could sag and walls could Uow, popping tile off the walls, 2nd perhaps causing Zn�ury Lo the occupants of the house. He stated that cabinets inside the home had heen racked and that the fixtures are in need of rebuilding. He stated that shifting damaged some oP the cabinet work inside the house and that removing plumbing fixtures from the wa11s in the house would result in some damage to the plumbing fixtures�and��s e rerult Fhe r3umbing faxtures would need to be replaced. He stated that he did not care to guarantee that the plumbing fixtures did not need to be replaced, since they could easily be damaged in the process of demolishing and rebuilding the structure Mayor Nee stated that a discussion of the plumbing fixtures is not relevant to the demolition of the home. Mr Stern asked Mr. Derksen what it would cost Lo restore the home to comply with the City Godes Mr Derksen replied that il- would cost approximately $15,400;00 Mr, Slern asked what was included in this $15,400 00 �o far as plumbing and electrical work was concerned Mr Derksen answered that t.his estimate included full repl�cement of plumbing and electrical fixtures on the premise that possible damage would Ue caused to the plumUing and ' electrical fixtures when the structure is demolished and rebuilt Mayor Nee again infonned Mr Stern that questi�ns concerning plumbing fixtures and electrical appliances ere not pertinent to this discussion. Mr Derksen stated that the insurance companies guaranteeing his construction work would not provide backing to contractors if they were to attempL- to replace plumUing ' flxtures without proper examination and care of these fixtures to insure that they could be replace without damage, He stated that if he were to replace the existing plumbing fixtures in the rebuilt home where they might be damaged during constructZOn and the owner were to press charges against him for installing damaged fixCUres the insurance company would not Uack him against these ch�rges Mayor Nee asked Mr Stern why he continued to discuss the plumbing fixtures when this is not relevant Co the discussion, and Mr Stern answered that he was discussing Che plumbing fixtures on behalf of Che home owner Mr Biedron He stated further that he would not be bound Uy any o£ the records made at the Council meeCing except for the taped recording ��� Mr Johnson stated that the insurance company had an option in their insurance policy to rebuild the property and repair it with like and similar pzoperty and similar furnishings to the condition in which it was before the damage. He stated that the insurance company did not waive that option to repair the property to its former condition, the requirements af the building code not- withstanding He stated that the insurance company would in no case concede i�s rights to repair the stzucture, He stated the insurance company would ha�e no ob�ection to restoring the house to comply with the code providing such construction could be fully covered by the claim of damages. Nlayor Nee asked Mr. Johnson if he had any questionsof Mr. Derksen Mr. Johnson � replied that he did. He asked Mr, Deiksen what he proposed to do to the property. Mr. Derksen stated that he proposed to demolish the property in compliance with the report of the Building Inspector and rebuild the property, according to code, from the cap upwards. Mr. Johnson asked Mr. Derksen whether or not he had heard the report of Mr. Geisen, the structural engineer. Mr. Derksen answered, "Yes." Mr. Johnson asked Mr. Derksen what he would replace and what he would build belnw the cap of the house, Mx. Derksen answered that he woL�ld a€id a double �oist to the structure in the basement where the �oist is fractured and make other necessary repairs. Mr. Johnson asked Mr Derksen whether or not the cap on the house was moved and whether it would have to be moved back. Mr. Derksen answered that it was moved and could be moved back into place. Mr. Johnson asked Mr. Derksen whether he would ask the City for a $uilding Permit to do Chis work. Mr. Derksen answered, "Yes." Mayor Nee stated that he would like to address the attorneys concerned with this case. Mayor Nee said that the City wants to remove dangexous structures from the City for the health and safety of the inhabitants of the City. He stated that it xs not the intention of the City to encumber or bother the negotiations 6etween the insurance company and the home owner in any way. He stated that the City wants to receive the permission of the insurance company and of the home owner to demolish the structure or to guarantee that the structure will 6e demolished shortly to remove the hazards of the structure and the ttuisance which the structure entails, from the City. Mayor Nee asked Mr. Johnson whether he would guarantee that the structure would be removed shortly. Mr. Johnson answered that he would refer the Mayor to the statutory � provisions of the State oF Minnesota, to the Constitution of the United State9 of America, to the provisions of the insurance policy and the City to the laws of Minnesota. He stated that the insurance company wrote policies to provide indemnification for a loss, the insurance company zeserved the right to take ovez the property and rebuild it at its own option. He stated that his purpose is to see the full extent of the evidence upon which the Council bases its decision to demolish this home. Mayor Nee asked Mr. Sohnson whether he had authority to grant the City permission to demolish the structure. Mr. Johnson answered that he did not have the authority to do so. Mayor Nee asked Mr. Sohns�a whether he could acknowledge that the City had the power to do so Mr. Johnson replied that if the action is 1ega1 it can be done, He stated that he had come to the Council meeting in order to obtain evidence of the procedures which were being conducted before the Council and that he would report this evidence to the insurance company. He stated that the insurance polzcy provides that when the police powers of the goveinment are invoked in xegard to a propexty the insurance company can void the policy He stated that should the home be demolished by the insurance company (SEE CORRECTIDN JI7NE 2, MINUTES) the insurance company might well void the policy. Mayor Nee asked Mr. Johnson whether he would be willing to sign a release for the City to demolish the home. Mr. Johnson answered that he cannot authorize the City to take any action with regard to the structure. Mr Sohnson stated further that the insurance company would not and does not £ollow the practice of authorizing outside parties to take any action in regard to the propertyof the insured Mayor Nee informed Mr. Johnson that the City would like to have the agreement of the insurance company to remove this , hazard from the City of Fridley. Mr. 3ohnson repl�ed that an owner of premises which is not encumbered with mortgages, taxes, lien s or ather encumbrances would Ue fxee to comply with the wishes of the Mayor. He stated that if an owner who has encumbrances upon his property does so, he risks the full liability for his actions He stated that the insurance company would not inform anyone or make any decision as to what the company would do i£ the City were to demolish the home or if the owner were to take any action to make any changes in the structure until and unless these changes are made or rintil the home itself is demolished. Mayor Nee asked the homeowner and his attorney whether the homeou�ner would authorize the City to demolish the structure. Mr. Stern replzed that the homeowner would not sign any permit for the City to demolish the structure until ��� the insuxance company agrees to have the home demolished and stated he wished to make it clear that as far as the owner could do so he wished to cooperate with the City, but it is necessary for the owner to cooperate with the insurance company in order not to lose the insuxance on his propexty. He stated that the homeowner did not wish to �eopardize his rights to recover from the insurance company and would not sign any consent Co demolish the home until the insurance company gives him permission to do so or settles the claim Mayor Nee addressed the Council saying thar the Council had received the xecommendation of Che Building Inspectox, of the structural engineer, and of , Mr. Flynn, Building Inspector from Coon Rapids. He stated that the Council could act upon the recommendatzon of the Building Inspectors and of the structural engineer, and if they chose to do so they chose to do so theq would only need to concur with the recommendations of the report of the Building Inspectors and the strucCUral engineer. Motion by Kirkham to concur wiCh the findings of the Inspection Department concerning the home locaYed at 584 Rice Creek Terrace, Seconded by Thompson Upon a voice vote, there being no nays, the motion carried unanimously. Mayor Nee informed the homeowner, and the attorneys, that the City does not intend to be hasty about demolishing this structure, that there might be a period of 2 or 3 weeks before the City would actually demolish this particular structure while it is in the meantime demolishing othec structures and removing other hazards from the City of Fridley. CONTINUED HEARING ON DEMOLITION - 405 - 57TH PLACE NORTHEAST (TABLED 6/4/65): Mayor Nee inquired who is present at the Council meeting concerning the hearing for demolition of the home at 405 - 57th Place Northeast, Dean Johnson a�swered that he is presently representing the insurance company, that a Mr. Amborn apparently owns the structure at present, although the fee owner is a Mr Mistelski Mayor Nee inquired of Mr, Johnson whether he had requested the delay oi demolition bIr. Johnson answered, "Yes". He stated that there was a question whether the structure conformed to the code before the tornado had damaged the structure � Mayoz Nee asked Mr, Johnson wheCher there is any reason to believe the previous status of the home isielevant to the discussion. Mr. Johnson stated that he is not sure whether the �C�vious status of the home is relevant ot the discussion or not. Mayor Nee asked the Building Inspector to report to the Council concerning the condition of the structure. A11en Jensen sL'ated that when he had made the first inspection of the structure, he recommended total demolition of the structure and that he had made a second inspection of the structure with Mr. F1ynn, the Building Inspector from Coon Rapids, and Mr. Geisen, the structural engineer He stated thaC they had had difficulty obtaining entry to the home andhad not been ahle to obtain entry at first but had finally taken off the boards from Lhe wLndows and entered the structure in this mannei Ae stated that three inspections had been made of the structure in addition to the first one whlch he had made. These inspections were made on May 27, 1965, June 4, 1965 and Sune 9, 1965. Mayor Nee asked Mr Jensen whether the structure is unsafe for habitation Mr. Jensen answered, that it �s unsafe. Mayor Nee asked Mr. lensen whether the structure conld be repaired or restored without demolish�ng it Mr Jensen answered, "IVo." Mayor Nee asked the strnctural engineer, Mr. A. W. Geisen „ to give hr..^, inspection report of the structure. Mr. Geisen stated thae he is a licensed struceural engineer and has had considerable experience designing residenees and structures He stated that in addition to the items listed in ehe report by Mr Sensen, there , was racking of ttte south wall and there is a pressure crack showing in a Uulge under a window, which indicates extensive structural damage to the structure He stated that the east wall is cracked and that the center posts of the structure have been r acked and pushed out to the north. Mayor Nee stated that he realized where the code violation exists in Che damages to the structure He asked Mr. Geisen whether it would be possible to repair the structure in compliance with the City codes without demolishing Yhe structure. Mr. Geisen answered that it could not be done without demolishing the structure. Mayor Nee asked Mr. Johnson whether he had any questions for the Building Inspector or the structural engineer. Mr Sohnson stated that he wanted to question Mr.Geisen He stated that he is asking these questions on behalf of Farmers Hvme Mutual Insutance Company, Mr. Johnson asked Mr. Geisen whether he had seen the building before the tornado damaged the building. Mr. Geisen answered, "No.° Mr. Johnson asked Mr. Geisen whether his notes showed the dimensions of the building. ;��0 Mr, Geisen said, "Yes," that the dimensions of the building are 30 feet 6 inches by 16 feet 6 Lnches. Mr. Johnson asked Mr. Geisen whether the size of the building complies with the stipulations in the Code concerning the size of residential structures. Mr, Geisen said, "No,." Mr. Johnson asked Mr, Geisen whether the home is damaged, in his opinion, over more than 50% of the structure, Mr, Geisen answered, "Yes." Mr. ,Tohnson asked whether tF,is SD% damage to the structure was estimated on an area basis or on a volume basis, Mr. Geisen answered that he believes the house has suffered more than 50% damage on both bases. Mr. Johnson asked Mr. Geisen in what way the construction of the house violates �ther provisions of the Code. Mr. Geisen answered that the floor and the roof are not in compliance w�th the Code, Mr. Sohnson asked in what way the floor and roof constructions ' are not in compliance with the Code. Mr. Geisen answered that the �oists have been spaced 24 inches on csxtter and the rafters are also 24 inches on center, Mr, Johnson asked_Mr. Geisen what �oist and rafters construction is required by the Code. Mr. Geisen answered that �oists and rafters should be placed 16 xnches on center. Mr. Johnson asked Mr. Geisen what is required according to his interpretation of the Code. Mr. Geisen answered that the Code forbids reconstruction of the home. Mayor Nee asked Mr. Geisen whether his �udgement is based on the size of the home or the damage to the home. Mr. Geisen replied that theknme is not structurally sound. Mr. 7ohnson asked Mr, Geisen whether the code specifically requires spacing �oists 16 inches on center. Mr. Geisen answered, "Yes." Mr, Sahnson asked whether this is a requirement for saEety, and Mr, Geisen answered, "Yes." Mr. Sohnson asked whether the building construction with joists and rafters spaced 24 inches on center becomes unsafe with the passage of time. Mr. Geisen answered that damage has made this structure unsafe. Councilman Kirkham asked Mr. Johnson when the insurance policy concerning this home was sold, Mr. ,Tohnson stated that he didn't know but it possible could have been as little as 2 and as much as 5 years previously. Mayor Nee stated that a discussion of the insurance policy is not relevant to this matter. The Mayor asked Mr. Sohnson whether he had some reason for opposing the demolition of the home. Mr. .Tohnson stated this would depend upon the benefits accruing to the policy holder considering the substandard construction of the home. Mr. Johnson stated that he has some questions he wxshed to ask the City � Building Inspector. He then asked Mr. Sensen whether he talked to the contractor tfiis day concerning the premises. Mr. Jensen answered that he did not know. Mr. ,Tohnson stated that he had hear-say concerning a bid to reconstruct the building by a Mr. Tonaarsen for the amount of $5,100.00. He stated that he did not know what part of the structure the contractor contemplated re-using to re-build the building. The building, however, is substandard and not in compliance with the code. He stated that the insurance company wished to keep the option to rehabilitate the structure if it saw fit to do so. He said that if the insurance company were deprived of its option to rehabilitate the structure the policy holder might well Iose the benefLts of the policy. Mr. Johnson stated that the amount of the present insurance on the structure is $8,000.00. Mayor Nee asked Mr. Geisen whether it is his recommendation that the home be demolished. Mr. Geisen answered, "Yes." Motion by Kirkham to concur with the recommendations of the Building Inspector and of the structural engineer concerning the structure at 405 - 57th £lace Northeast. Seconded by Thompson. Upon a voice vote, there being no nays, the motion carried unanimously. CONTINUED HEARING ON DEMOLITION - 6521 CLOVER PLACE (TABLED 6/4/65): Mayor Nee announced that the question of demolition st 6521 Clover Place � had finally heen settled. CONTINUED HGARING ON DEMOLITION - 6750 OVERTON DRIVE (TABLED 6/4/65�_ Mayor Nee inquired who was present concerning the hearing on demolition of the home at 6750 Overton Drive. No one answered. The City Attorney stated that the only actxon remaining to be taken was the view of the Council and the question of the findings at 6750 Overton Drive. Councilman Kirkham stated that he had taken a look at the property from the outside and from his view of the property outside the premises he is inclined to agree with fhe report of the Building Inspector. (MINUTES CONTINUE➢ IN NEXT �OOK) � ��_ CONTINUED FROM PREVIOUS MINUTE BOOK - THE MINUTES OF THE SPECIAL COUNCIL MEETING OI' SUNE 9, 1965 Mayor Nee asked the Building Inspector whether he believed this structure could be 7:epaired. The Building Inspector stated that he is inclined to believe the building might be repaired without demolishing it. Mayor Nee stated that the � owners are not satisfied with the offers to repair the building and requested the City to demolish the structure He stated that there is a question whether the City ought to demolish the structure. He stated that the owners believe the Building Inspector and the structural engineer d�d not examine the building with sufficient care. Mayor Nee stated that he is not convinced himself that he is not sufficiently familiar with the structure to judge. He stated that he believes that Mr. F1ynn, the buLlding inspector from Coon Rapids, the City BuLldzng Inspector and the structural engineer ate more qualified to �udge whether the building can be repaired without demolition. Motion by Thompson to concur with the recommendations of Che Building Inspector that the structure can be repaired without demolition and remove the notice of demolition from the structure at 6750 Overton Drive. Seconded by Kirkham, Upon a voice vote, thexe being no nays, the motion carried unanimously, HEARING ON REQUEST EOR A DELAY OF DEMOLITION - 513 &ENNET'L DRIVE: Mayor Nee inquired whether anyone is present at Che Council meeting who wished to be heard �.n regard to the request for a delay of demolition at 513 Bennett Drive, Roman Chock the owner of the structure wss present at the Council meeting. Mayoi Nee inquired whether anyone else was present, No one answered. Mayox Nee asked the Building Inspector Co state his findings of the structure at 513 Bennett Drive. Mr. 7ensen stated that the inspection team inspected the building twice. They found that the building has been moved north, thae duct , work and piping are twisted, that there has been racking of the structure, that the foundation is cracked, and that there has been a considerable amount of water damage. He recommended total demolition of the building to the deck with repair of the foundation before rebuilding, He stated that a demolition notice had been posted upon the building on June 1, 1965 and reposted on June 9, 1965 The Mayor asked the Building InspecCor whether the Health Tnspector made a repoxt concerning the condition o£ the structure. The Building Inspector answered that he did not know. Mayor Nee asked theowner, Mr. Chock, why he is requesting delay of the demolition of the structure. Mr. Chock answ�red that his insurance company advised him not to sign any agreement for the demolition of the building until proof oC loss of the building has been established. He stated that an insurance adjuster would look at Che building the following day. Mayor Nee asked Mr. Chock whether he would sign the demolition notice after settling with the insurance company. Mr. Chock answered that he would. Mayor Nee stated that in that case there would be no further problem. Councilman Thompson stated that he believed that when Mr. Chock settled with his insuxance company he would move expeditiously and the structuxe could shortly be removed from the City. Mayor Nee suggested that consideration of the request for delay of demolition might be tabled for two weeks. P4r. Chock stated that he expected to have a contractor work on the structures shortly No further action was taken on the matter, ' HEARING ON REQUEST FOR A DELAY OF DEMOLITION - 5609 - STH SIREET NORThEAST: MayoY Nee inquired if anyone present at Che hearing wished to be heard concerning the request to delay demolition of the sYructure at 5609 - Sth Street Northeast. Gary Cheney the owner of the structure was present at the Counc�l meeting wiCh his attorney, Gerald Hanratty. Mr. Aoy Hagen, attorney for the AusCin-St. Pau1 Mutual Insurance Company was also present at the Council meeting He stated that he had brought with him a contractor representing the Frank Rico Construction Company. Mr. Hagen stated that the interest of the insurance company is to pxevent demolition. He stated that the insurance company Uelieves ehe building is repairable and can be replaced in its original condition. He state d thathe had a contractor with him who would present evLdence to this effect, L Mayor Nee asked the Suilding Inspector to report to the Council concerning the condition of the structure at 5609 - Sth Street Northeast. The Building Inspector reported that he had placed a condemnation notice on the structure 3 or 4 days, previously. He stated that the building has been mw ed to the north with half of it split from the rest of it.- He stated that the east and west walls are bowed out and the floor covering has been d�,stroyed. The bixilding is a total loss to the deck and repairs of the foundation are required. He stated that upon reinspection he found no changes in the stru�ture that would warrant changing his report. Mayor Nee asked the Building Inspector if other buil�ing inspectors had inspected the structure. Tne Building Inspector answered that Mr. A1 Flynn, the 6uilding inspector from Coon Rapids and ' Mr. Geisen had inspected the structure. Mayor Nee asked Mr, Geisen to report to the Council the condition of the structure at 5609 - Sth Street Northeast. Mr.�Geisen replied that he inspected the structure on May 28, 7.965 and ,Tune 9, 1965. He stated that he is a registered stxuctural engineer and that he is in agreement with the report �ust read by the Building Inspector. Mayor Nee asked the structural engineer whether he considered the structure unsafe for habitation. The structural engineer answered,"Yes," and said that the building is split. Mayor Nee asked ' Mr. Geisen whether the building could be restored to comply with-the Cx�y Code. Mr. Geisen answered, "No." Mayor Nee asked the attorney for the owner, Mr. Hanratty, if he had any questions for the Building Inspector. Mr. Hanratty answered, "No." Mayor Nee asked Mr. Hagen whether he had any questions for the Building Inspector and the structural engineer. He stated that the report shows Mr, Flynn concurs that the premises are unsafe and cannot be restored to its previous condition. Mr. Hagen replied that the insurance company has repaired buildings that were in worse condition than this structure. He stated that as far as the insurance company is concerned the building is repairaUle. He stated that he would like to question the contractor for the benefit of the Council to demonstrate his point, He presented Mr. Rekucki, of the Rico Construction Company, to the Council. Mayor Nee asked Mr. Rekucki where he lived. Mr. Rekuckx replzed that his address is 2650 - 15th Street Northwest in New Br�,ghton and that the offices of his firm are located in Minre apolis. Mayor Nee asked Mr. Rekucki whether he is licensed to do construction work in Frictley. Mr. Rekucki then stated that he was called in to repair the structure. He stated that he has 18years experience in the construction business and has done much estimating work for this insurance company. He stated that in his opinion, the building should have been condemned before the tornado damaged it, He stated the fact that the building had been maved off its foundation did not make it impossible to put the building Uack on the foundation. He believed he could repair the roof, the wall sheathing, and the ceiling of the building to comply with the Code but that the building itself is too small to comply with the Code. He stated that he believes it is possible to replace damaged materials in the structure and repair it to its original condition without demolishing it. Mayor Nee asked Mr. Aekucki whether he had taken some of the wa11s aparY and examined the cond�tion of the walls in order to determine whether or not the structural members are in fact sound, Mr. Rekucki answered, "No." Mr. Rekucki stated that the building is as sound now as it was before the tornado, even though it dld not comply with the Code before the tornado damaged thehouse. He stated that the amount of movement of the structure as a result of the tornado could be repaired by merely moving the house and the wa11s back into place. He stated that the size of the joists and rafters made the building substandard. Mayor Nee asked Mr. Rekucki what the extent of his inspection was, whether or not he had inspected the structural members inside the walls. Mr. Rekuc[ci answered that the house is in bad shape and that the ceilings and the roof must be replaced., Mayor Nee asked Mr, Rekucki what is his economic interest in this matter. He stated that he did not brl.ieve the Building Inspectors had an economic interest in the matter. Mr. Rekucki replied that he is paid by the insurance company to make estimates of costs of repairs to damaged structures. He stated that if no other contractor is willing to repair the structure for the amount of the estimate it is his �ob to repair rt for the amount of the estimate he presents. He stated that he believes it is possible to repair this house for the amountof the estimate which he made upon the structure. ' , � Mayor Nee asked Mr. Hanratty, the attorney for the property owner, whether he had any questions. Mr. Hanratty, answered, "No," Mr. Rekucki stated that he could offer more evidence to induce the Council not to tear down the structure. He stated that he believes the Building Inspector merely wants to demolish this structure beca:�se it is an old building in a new neighborhood. Mr, Rekcuki stated that he believed the Building Inspector was advocating demolition of the buildang solely because the area of the buidling was 576 square feet. � Mayor Nee addressed Mr. Cheney and told him that the Council is inclined to support the findings of the Suilding Inspector. Mr. Hanratty informed the Council that Mr. Cheney does not wish to delay demolition of the structure Mayor Nee asked Mr. Cheney whether he would sign a release authorizing the City to demolish the structure. Mayox Nee lnformed Mr, Cheney that the City wi11 demolish the bu2lding whenever Mr. Cheney signs a release authorizing the City to do so. CONTINUED HEARING ON AEMOLITION - 129 HORIZON CIRCLE (TABZED 6/4/65)` Mayor Nee inquired whether anyone present wished to be heard concerning demolition of the structure at 129 Horizon Circle. Mr. Johnson asked Mayor Nee whether he and the attorney for the homeowner could be allowed to approach the Council for a discussion off the record. Mayor Nee stated that this will be allright. He stated further that the question before the Council is whether demolition of the structure should be delayed. Virgil Herrick was present at the Council meeting, representing propexty owner, Don Larson. , Mr. 7ohnson stated that he is representing Shelby Mutual Insurance Company Following a discussion at the Council table khe Mayor asked the Building Inspector to give his report concerning the structure at 129 Horizon Circle The Building Inspector stated that he posted his own sign for condemnation upon the structure on May 17, 1965. He reported that three more inspections have been made since May 17, 1965 and that on May 27, 1965 he posted a demolition notice upon the structure. He stated Chat it is probably necessary to demolish ' the structure to the deck to replace block in the foundation, to strip the walls and the root deck to determine whether structural members in the framing of the house can be saved or not, Mayor Nee asked Mr. Herrick if he had any questions for the Bt�ilding Inspector. Mr. Herrick asked the Building Inspector whether he discussed the repair of the building with Leottard Samuelson, a contractor interested in repa�ring this structure. The Building Tnspector answered ehat he had and that he informed the contractos that it will be necessary to rebuild this structure. Mr. Herrick asked the Building Inspector whether he would recommend a Building Permit or a repair permit on the structure. The Building Inspector answered that he would provided the building contractor rebuilds the structure to comply with the Code Nlayor Nee asked the Building Inspector whether the structure is presently unsafe for habitation, The Building Inspector a�wered, "Yes," Mayor Nee asked the Building Inspector whether it would be possible to repair or restore the structure The Building Inspector answered that this is questionable. Mayor Nee said to the Building Inspector that he assumed then that he is correct in thinking that this is a borderline question whether the building can be repaired without demolitiou. The Building Inspector ststed that that is essentially correct, He said that whether demolition should take place in this structure is largely a question of the economics of making repairs upon the structure. Mayo7- Nee asked Mr. Johnson whether he had any questions for the Building � Inspector. Mr. Sohnson ansWered, "No," Mayor Nee asked the structural engineer, Mr. Geisen, to report on the structure. Mr. Geisen stated that he examined the structure on May 2Z, 1965, on June �+,1965 and on Sune 9, 1965. He stated that in addition to the report of the Building Inspector he had gathered some additional data on June 9, 1965. According to his opinion, the building is a total loss and it ought to be demolished and replaced. ' Mr. ,Tohnson stated_that he wished to obtain a copy of the bid of Leonard Samuelson and have the structure repaLxed according to the recommendations of the Building Inspector. Mayox Nee asked Mr. Hexxick whether, if an agxeement were made between the insurance company and theproperty owner concerning whether the demoliton should � be carried out, it would be possible to begin work on this structure immediately. NIr. Herrick asked whether it would meet the requirements of the City to strip the walls ofthe structure and examine the frame as a substitute for demolishing the structure. The Mayor informed Mr. Hexrick that if the structure is found to ba sound and in accordance with the Code �hat it will not be necessary to demolish the structure. Motion by Kzrkhaia to table consideration of the demolition of the struc'ture at 129 Horizon Circle to the Council meeting of June 14, 1965. Seconded by Thompson, IIpon a voice vote, there being no nays, the motion carried � unanimously. � BUILDING INSPECTORS REPORT OF STRUCTURES REQUIRING DEMOLITTON• Mayor Nee informed the Council that they had before them a list of structures which the inspection team has found necessary to be demolished and the hazards thereof to be removed for the benefit of the health and safetypf the residents of the City of Fridley. Mr. 7ohnson inquired whether the structure at 5840 University Avenue is on the list. He was given a copy of the list. Mr. Johnson stated that he had not been informed by his client whether a delay should be requested of demo7ition of the structure at 5840 University Avenue. The City Manager informed Mr. Johnson that he has until .7une14, 1965 to request a delay oP the demolition of this structure. Mayor Nee asked the Building Inspector if he has a record of a11 the demolition notices which are contested. The Building Inspector answered that to the best of his knowledge the records are complete, The City Manager stated t'rat the Buildi,ng Inspector has a list that will be given to the men in charge of the demoli.tion teams of buildings that wi11 Ue demolished without the consent of the owners and that this list is complete. He stated that the list uf structures waswrxtten by the inspection team made up of the Building Inspector, Mr. Jensen, the building Inspector from Coon Rapids, Mr. Flynn, and the structural Engineer, Mr. Geisen. Mayor Nee stated that action by the Council to receive the report listing the structures which are required to be demolished would be appropriate. Motion by Kirkham to receive the list of structures requiring demolition from , the Building Inspector. Seconded by Thompson. Upon a voice vote, there being no nays, the motion carried unanimously. COMMiTNICATIONS • REQUEST FOR REMOVAL OF EASEMENT RIGHTS - EAST RIVER LANDS COURT: The City Manager explained that a communication had been recieved Prom property owners at East River Laxids Court requesting the City to vaca�e certain utility easements. The City Attorney informed the Council that the vacation must be done by ordinance, the ordinance must be passed, adopted and published. He stated that this has been done. He stated, however, that an error was made in the original ordinance and that it would be sufficient for the Council to instruct the City Manager to correct the error in the ordinance and to verify the corrected ordinance. He stated that he believed no one had checked the ordinance at the time it was written for this particular error and that there would be no purpose to holding the ordinance with the error in it. He stated that he believed it is possible for the City to correct errors. Mayor Nee asked the City Attorney whether an amendment to the ordinance would be required. The City Attorney stated that this would depend upon what the attorneys of the parties wished to have. He stated that whatever would satisfy the attorneys of the parties involved would be satisfactory. The City Manger inquired whether it would be necessary to publish this corrected ordinance. The ' City Attorney replied that this would depend upon what had been done to the property in the past. He stated that if the property had been torrenced, the owner would have been required to furnish the notice publishing the original ordinance as an affidavit of vacation of the easement. He stated that if this is the case it wi1Z be necessary to pnbZish the corrected or amended ordinance so that the matter can be corrected in court. Motion by Kirkham to instruct the City Manager to write an amendment for the ordinance correcting it to provide for the vacation of certain easements in East Riverlands Court. Seconded by Thompson. Upon a voice vote, there being no nays, the motion carried unanimously. � REQUEST OE THE ANOKA COUNTY AUDITOR FOR ACTiON ON TAX rORF�IT LANDS: The City Manager explained to the Council that a map has been completed showing the location of tax forfeit lands. He stated that one piece might 7�e c�f interest to the City of Fridley, The Mayor stated that the City wi11 not be buying the property. 'I`he City Manager read the letter from the Anoka County Auditor. He stated that a date wi11 be set L-or sale of the tax forfeit lands and that the Anoka County Auditor wished to have the City set aside any properties before the date of the sale which the City might be interested in purychasing. � Motion '6y Thompson to approve the sale of tax forfeited lands as submitted by the Anoka County Auditor with the exclusions noted by the City Manager. Seconded by Kirkham. Upon a volce vote, there being no nays, the motion carried unanimously. SANITARY SEWER BACK UP - 615T AVENUE NORTHEAST: A visitor to the Council meeting Ernest Powell of 6241 Sunrise Drive stated that he again wished to aquaint the Council with the continuing problem of sanitary sewer backup into the homes along 61st Avenue in Fridley. He stated that the condLtion is a most ofiensive one and is a continuing groblem. Phe homeownexs do not see any solution of this problem. He stated that homes on the corner of University Avenue and Sunrise Arive are having a great deai of trouble with sanitary sewer flooding. He stated that it is necessary for himself and his neighbors to keep the basement facilities permanently plugged and as such they are unable to use their basement facilities. Mr. Powe11 stated that last week one home owner Mrs. Burns had continuous trouble with sanitary sewer backup into her basement. He stated that it is not safe for himself to leave home since the saniYary sewage is seeping around the drain plugs which he installed in the plumbing fixtures in his basement. Mr. Powell stated further that he wished to have the City run the pump at 61st Avenue and University Avenue continually in order to alleviate the back- flooding of the sewer main. He inquired of the Council what would be done to relieve the back-flooding of the main when T.H. ��47 is built. He stated that ' in his own home there is a continous bad odor and that he believes there is danger of �hphoid to the occupants of his home and to those of the neighboring homes due to the continuous backup of sanitary seWage into their homes He stated that once the Highway is constructed it will be impossLble for the Gity to pump the sanitary sewage outof the main and that the homeowners then wi11 have no protection against sanitary sewer backup, Another property owner, Ervin Schulte, was also present at the Council meeting He stated that he had found it necessary to plug the basement fixures in his home, and that he used a ba11 to plug the floor drain in his basement He stated that the pressure against the ba11 is so great that it is necessary for him to ram a two by four against the ball and support it up against a �oist in the first floor. He stated, however, that eventually the sewage had seeped around the ball and the ball had deteriorated making it necessary to replace theball. When he removed the two by foux and took the ball out of the floor the water �quirted into the air to a height of three feet and he very shortly had a pail full of water on the floor before he could replace the ba11 with a new o� Mayor hTee stated that the City Council is aware that this is a periodic problem in the area. Mr. Schulte stated that he disagrees that it is not a peraodic p�oblem but that it has been a continual problem since March 1, 1965 He stated that the pressure in the sanitary sewer main has been sufficient to push the plugs out of the wash tubs. He stated further, that, �e believed the construction of apaYtment houses, of the car wash, of future apartment houses or car washes � in the City wi11 be causing more trouble and delivering more water into the sanitary sewage 1ine, and with the construction of more homes in the City the problem will become worse as time goes on, Mayor Nee stated that he believes thexe is a great deal of ground water seeping into the sanLtary sewer line and this is causing flooding in the main. Consulting Engineer, Mr. Comstock, was present at the Council Meeta�ng, He stated that when the last complainC was received by the Council concerning Uack flooding of the sanitary sewer, he had been directed by the Council to make an investigation of the problem. He stated that he had his report almost complete when the tornado damaged his property and destroyed the report which he prepared. He stated that his fixm had begun a new report which is almost complete The substance of this report is that the City should connect the portion of the sanitary sewer system north of Rice Creek with the sanitary sewer mains of the Fi North Suburban Sanitary Sewer District at some time in the near future in order to relieve sanitary sewer flooding in the rest of the City. He stated that an interceptor broke at Rice Creek during the past rain 3prm and when this happened the sewage line south of Rxce Creek Terrace was iimnediately relieved of its load of sewage. He stated that when this sewage line had been repaired the sewage main south of Rice Creek immediately became flooded again. Mayor Nee asked the property owners whether they had noticed at this time that the hack flooding had been reduced, They stated that they had not seen any evidence of this. Mr. Schulte asked how big is the sanitary sewer ma3.n. The City Eng�.neer answered that the sanitary sewer main is an 18 inch- line. Mayor Ne� stated that at some time in the future the City planned to connect � to the mains of the North Suburban Sanitary Sewer Dristrict, but that these mains are not complete and will nnt be completed before October. He stated that the Consulting Engineer is making a study to determine whether the problem of back flooding in these mains is only a temporary problem and if it is only a temporary problem, the City will not connect to the North Suburban Sanitary Seraer District mains as soon as possible, He stated that connection oE the sewage mains to those of the North Suburban Sanitary Sewer District would increase the cost of disposing of sewage to the City of Fridley, � The Mayor stated further that there are illega2ly connected samp pumps pumping water from footing tile and other drainage systems into the sanitary sewez. He stated that it is not possible for the City to inspect all the homes to determine Lhe number of illegally connected-sump pumps. The Mayor said that the City is studying some means of aleviating the problem at the present time and reducing the amount of water running into the sanitary sewer main. The City Manager stated the current flooding problem is the worst in the Cityrs history. He stated that the amount of rain fall and precipitaPion in the City is between 10 and 12 inches above normal for the year to date. The Mayor stated that the large amount of precipitation which the City has received this past year has been a real problem but that the City is aware that some solutionof this problem must be found. Another proper�y owner stated that he had been with the City crew when they ' were examining sewage mains at various man holes around the City. He stated that at one man hole inspection showed a considerable amount of debris in the sewer and he suspected that children were putting debris into the man holes of the sewer. The Mayor stated that the City wished to obtain Federal Funds to clean debris out of the sewer. The City Managex stated that the City expected to receive Federal Disaster Funds to clean the sewer lines but that the application for funds to clean these sewer lines had to be made very carefully since the debris is not evident to inspectors on the surface. The City needs ade- quate proof before it can obtain disaster funds for cleaning the debris from the sewer system. The Mayor stated that the Council is aware that the sanitary sewer backup is infiolerable to the property owners and that the Council will seek to find some solution to the problem. Mr. Powell asked what the property owners could do or cahat the City coixld do to alleviate this problem when T.A.�k47 is buzlt. The Mayor replied that the City will run a pump to relieve the sanitary sewer main some where e1se. The City Engineer stated that Public Works Department crews are cleaning the sewer lines and that past inspection showed that the main on University Avenue contained Zittle debris. One property owner asked when was the last time the Public Works Department inspected the main on University Avenue. The City Engineer replied, "Yesterday," The property owner replied that the debris which he had seen was found earlier in the line on Sunrise Drive. Mx. Thoreson, another property owner living on Star Lane, stated that he had seen the debris in the sewer and that he believes the sewer is plugged. He ' stated that if debris in this amount is present in the sewer lateral tia t possibly there is a great deal of more debris further down the sewer line. He stated that as far as flooding in his basement is concerned he has plugs in the *aash tubs and in the £loor drains in the basement and if he removes the plugs, his basement is immediately flooded. Mayor Nee stated that the City had some problem in several prior years with the previous City Engineer concerning sanitarp sewer lines. The previous City Engineer relied upon surcharging of the mains and upon his recommendations the City did not construc[ sanitary sewers at the rate that the mains should have been constructed. � � , Mr. 'Thoreson asked Mr. Comstock whether the installation of a lzfe station on the sanitary sewer mains would make it possible to relieve back flooding. Mr. Comstock answered that the mains in this area where constructed with a very £lat pitch, that there are several ot them which would have to be connected in order to make construction of the lift station economical and connecting these several mains together would not be a very economical means of solving the problem. He stated that it would be difficult to huild a lift station at reasonable cost. The City Engineer stated that he examined the main at times when the main was overfull, that the main normally should run 1/2 to 3/4's fu11 rather than with sewage backing up into the man holes. Another propertyowner stated that when the sewer back flooded into his home, he received not only a little bit of sewage but also a great deal of sand and mud in his basement, He stated that this would indicate that a greal deal of debris is present in the sanitary sewer. The Mayor stated that the condition of the many damaged homes in the City allows a great deal of rain fall to run into the basement of the homes and all the rain fa11 running into the basements drains into the sanitary sewer. Mr. Schulte asked whether the action the City is taking to demolish these homes could be accompanied by action to plug a11 the plumbing drains into the sanitary sewer at the same time, The Mayor replied that the City is working to seal a11 the drains in houses which are exposed to rain fa11 where storm waters might be running into the sanitary sewer. Mr. Powe11 stated that the property owners appreciate all the work the City has done to relieve back flooding of the sewers. He stated that the property owners are aware that the tornado made it very difficult for the City to spend all the time working on the sanitary sejaer lines that the CiLy would have normally spent. He stated that the property ownexs appreciated the efforts of the City to alleviate the results of the L-ornado disaster. Nlayor Nee replied that the Council appreciated the understanding of the property owners. TEMPORARY TRAILER PERMITS: The City Manager stated that he had received applications for s1x permits for temporary occupancy of trailer houses. He explained that he received one additional application from Dale Hagen who bought a wrecked trailer house and wished to make repairs upon this trailer house on his own property. Council- man Kirkham stated that the City has ordinanaces regulating repair of wrecked cars and boats, and allowing property owners to keep these wrecked vehicles on their property, temporarily, while making such repairs. The City Maaager stated that this is a good sized trailer which Dale IIagen plans to repair and that the City does not bother to concerxz itself with repairs made to smaller trailers or smaller boats which property ownexs might wish to repair upon their property. Councilman Thompson asked whether it would be possible for the Council to permit Mr. Hagen to m�ke repairs upon this trailer on a short term basis without charging him a fee for the permit, Councilman Thompson moved that the City approve the permits for temporary occupancy of trailer houses and append the list to the minutes. Seconded by Kirkham. Upon a voice vote, there being no nays, the motion carried unanimously. Motion by Kiikham to grant a permit to Da1e Hagen to re;�air a trailer parked on his propezty for a period of 90 calendar days beginning Sune 9, 1965. Seconded by Thompson. Upon a voice vote, there being no nays, the motion carried unanimously. RESOLUTION N0, 94-1965 - FILTNG OF AN APPLTCATION FOR IINDLRmAKING OF SURVEY PLANS FOR DTSASTER PROJECT: The City Attorney stated that he wished to have Che Council pass this resolution this evening in order to expedite the work of the Urban Renewal Authority in the southetn University Avenue area. He stated that procedure for obtaining Eederal funds require that the City begin planning evork for the Urban Renewal area, first, and Federal Funds would completely reimburse the City for the costs of planning and surveying the area. IIe stated that the resolution requires Council approval. Councilman Kirkham asked whether there is some urgency to pass this resolution. The Mayor replied that the sooner the City 7 � passes this resolution the sooner the City will receive Federal Funds for this purpose. Councilman Kirkham stated that he does not wish to vote for this resolution at this time. The Mayor asked Councilman Kirkham to vote for the resolution at this time and to vote for or against Urban Renewal as he wishes at other times. The City Attoxney stated that the IIrban Renewal Authority worked hard to get the resolution ready for Council action this evening. Motion by Thompson to adopt Resolution No. 94-1965. Councilman Kirkham stated that he seconds this resolution for the purpose of discussion. Upon a voice vote, Councilman Thompson voting aye, Councilman Kirkham voting nay, Mayor Nee voting aye, the motion carried. � RECONSTRUCTION OF WATER MAINS ON UNTVERSITY AVENUE - EMERGENCY ORDINANCE �k304: Mr. Comstock sCated that he prepared a report on the condition of the water mains on University Avenue as a result of the regrading pro�ect of the Minnosota Highway Department. He presented copies of this report to the Council. Mayor Nee asked Mr. Comstock whether this is a preliminary report. Mr. Comstock answered, "Yes." Mr. Comstock e�lained that his firm used a telephone company device to locate metal below the surface of University Avenue. He stated that this device accurately Zocates metal underground with- in 5 inches. Iie stated that most of the water lines had been installed along University Avenue in 1954 and 1955 before the plans of the Minnesota Highway Department concerning tfie future construction of T.H. ,�f47 were definite, He stated that most of the grade changes which affected the water lines were before the current construction of the Mznnesota Highway Department and that the City �onsequently did not have completely up to date infoxmation concerning the location of these water lines at the time the current cors truction p'roject was begun. Mr. Comstock stated that he submitted the preliminary findings to four contractors for the purpose of obtaining bids on reconstruction of these - water mains to 7.ower the elevation of these mains sufficiently to protect them from frost in the future, He stated that he recievcd bids from two of the contractors based upon a deadline for bids of 5:00 P,M. on Sune 9, 1965. � One bid, from the Barton Construction Company who are presently the conhracturs on the Highway Project far the Minnesota Highway Department was received in the amount of $14,913.40. Theother bid was received from Sohnson Brothers, who are also contracting work for the Minnesota Highway' Department, and who are under contract for construction of Pro�ect 34-n and Pro�ect S b with the City of Fridley, The bid of the Johnson Brother Construc- tion Company is $20,14 L 00. Mr. Comstock stated that-he believes the City should pass an emergency ordinance to make an appropriation of $18,000.00 for this pu�rpose. The City tiianager asked whether there is any obligation on the part of the Stateof Minnesota for reconstruction of these water lines. Mr. Comstock answered that he does not know. Mr. Comstock stated that most of the contractors in the vicinity of the City are extremely busy with work at this time of the year and possibly the City might he able to obtain a better bid from contractors located outside the vicinity of the City, He stated, however, that the Minnesota Highway Department wished the Citq to expedite the work immediately and obtain a contractor who can coordinate the work af reconstructing the water mains with the work of grading and constructing IIniversity Avenue. The City Engineer stated that in discussing the reconstruction woric with the • Barton Construction Company he had stressed the advantages of coordinating the work with the Barton Construction Company who presently have a contract for construction of T.H. %47. He stated that he believes this is one reason why the Barton Construction Company made a low bid on the pro�ect. Councilman ILixkham stated that he does not believe the City will obtain a lower bid. � Mr. Comstock stated that it is possible for Barton Construction Company to raake a lower bid since Barton Construction Company is aware of the amount of grading required for construction of the highway and, hence, has better information concerning the cover over the water lines at the present time than other contractors. The Mayor asked the City Attorney whether it is possible for the City to adopt an emergency ordinance with only 3 Couneilmen present at the Council meeting. The City Attorney inforsned the Mayor that he would tell him the following week ' � � whether it is necessary for four Councilman to be present in order to adopt the emergency ordinance. The City Attorney stated that he had writt�n an ordinance which xequires the administration to negotiate Eor bids for the construction and the amount of the bid need not be included in the ordinance. The City Attorney read the ordinance to the Council. Motion by Kirkham to adopt the emergency ordinance No. 304 for reconstruction of waeex lines on University Avenue. 5econded by Thompson. Upon a voice vote, there being no nays, the motion carried unanimously. ESTIMATES• The City Manager stated that he received 27 estimates far cleaning debris from the streets from sma11 operators. These small contractors wish to receive payment for their work at this time, Mayor Nee asked whether the cost estimate approved by the Council earlier had been made only for the Truck Crane Company. The City Manager answered, "Yes." Motion by Thompson that upon receipt of the invoices and billings for debris collection and in accord with the recommendations of the City Engineer for payment of the same, the letter of the City Engineer detailing the amount of the estimates be apprn�ved by the Council. PAYMENTS TO DEBRIS CLEAN UP CONTRACTORS INV. N0, CONTRACTOR EQUIPMENT AMOUNT i�20097 Carl Bolander & Sons Co. ;�27552 Quickie Transport Co, ��27553 " " " �f27554 " " " Tandem dump truck wJdebris box & driver Hough H-loo Loader w/operator H 70 loader w/operator Rental 3 dump trailers n n u i� n n n n C-9765 Rocket Crane Service, Inc. Hydro-Crane ��35587 ;k35586 ,F35585 ��6868 Truck Crane Service Co n n n �i �� �� �� �� Modern Erecting Go. A71 State Improving Co Robert Crawford Robert Crawford Doty & Sons Vivian A. Frederickson Walter R. Freeman George Bergeron Evert J, Soerhave Dale Movers Orville Hoffman Clayton Jacobson Tractor & Trailer Dump n u u 30 Ton Truck Crane 12z Ton Cxane Ford Trailer & Truck ➢ump Txuck w/driver IIse of AC-HD 5 Cxawler Loader Truck rental w/drivex Loader and Truck Dump Truck Dump Truck, Tandem, Truck & Cap -Loader Man & Chain Saw Dump Truck �,/driver Cat, & Operator Cat, 'S3 Ford Dump Truck Truck w/driver Weleski & Son Sewer & Water Machine w/operator Contxactor �� $7,648.87 $ 903.D0 1,134 OD 1,061.38 1,198.51 560.00 1,0$4.38 2,297,00 1,385.46 1,760.25 720.00 320.00 1,529,00 815.50 2,062,00 535 50 876 00 225.00 122.SD 409.SD 337.25 �� INV. N0. CONTRACTOR Lucke's Dozer & Equip. Rental I.angley Builders, Inc. EQUIPMENT Single axle dump w/driver 5 da. cha3n saw rental Tandem Truck w/driver TOTAL AMO➢NT $ 423.25 259.00 $27,667,35 Seconded by Kirkham. Upon a vo=ce vote, there being no nays, the motion carried unanimously. RESOLUTION N0. 95-1965 - CENSURE OF CERTAIN INSURANCE COMPANIES AND REQiTESTING THE COMMISSIONER OF INSURANCE TO ACT TO PROTECT THE PUBLIC INTEREST: Mayor Nee presented the follow�ng resolution of censute which he suggested that the City forward to the State Insdrance Commissioner. RESOLUTION No. 95-1965 A RESOLUTION OF CENSURE OF CERTAIN INSURANCE COMPANTES, AND REQUESTING THE COMMISSIONER OI' INSURANCE TO ACT TO PROTECT THE PUBLIC INTEREST, WHEREAS, on May 6, 1965 a series of tornadoes struck the City of Fridley causing loss of human li�e, personal in�ury and suf£ering and the ma�or destruction of private and public property, and WHEAEAS, the President of the IInited States and the Governor of the State of Minnesota have determined that this event at�d the conditions emerging from it constitute a"Disaster", and WHER�A�, official bodies of the State of Minnesota and this governing body of the City of Fridley have determined conditions o� extraordinary danger to the health, safety and welfare of the general public exist as a result of this event, and that extzaordinary public action is required and �ustified, and WIIEREAS, in spite of the emergency nature of the danger, the use of the police power has been limited and the essential elements of "due process" have been extended to all parties consistent with the emergency circumstances, and WHEREAS, the gsneral level of cooperation with public authority by the ins�rance industry has been cou¢nendable and the majority of insurance companies have been a ma7or asset to the public in this time of disaster and have extended themselves sulastantially beyond the narrow requirements of the Minnesota Statutes, and WHEREAS, a very few insurance companies have acted in a manner inimical to the health welfare and safety of the general population of the City of I'ridley through a carefuily calculated scheme of legalistic intimidation of individual property owners, and WHEREAS, the pursuit of private contractural interests by certain companxes have had grave effect on the general public welfare, and WHEREAS, documentation o� such obstructionist intimidation has been collected by the City of Fridley in correspondence and meetings of public record, and 1 � WI-IEREAS, the Pridley City Council was advised by experts in the fields of , public health, san�tation and public safety that the security of the entire City and its population required removal of debris and the demolition of unsa£e structures at the earliest possible time, and such a program was adopted as public policy, and WHEREAS, the City of Fridley has statutory responsiblity to act to secure the health, welfare and safety of the people of Fridley, the same being citxzens of the State of Minnesota. NOW THEREI'ORE, BE IT RESOLVED, by the City Conncil of the City of Fridley as follows; 1. That the following named insurance companies have conducted a calculated campaign of intimidation of private parties and this public body. 2. That this campaign of intimidation reflects a corporate policy which Ls narxow and self-serving and indicates that these coxposations do not seek to serve the people of Minnesota 3, That this campagin of intimidation, while �ust inside the limits of the law, as it exists today, has had the effect of perpetrating conditions which are dangerous to the people o£ Fsidley and which have effect far beyond the narrow limits of a private insurance contract existing between two parties, � 4. That if the majority of in a manner similar to those compounded, and the general greater degree. � insurance copanies had conducted their business listed here, the disaster would have been further population of this City �eopardized to a much 5. That this disinterested public body, having deliberated at great length, and having exhausted its means of reasonable persuasion, does most bitterly censure and condemn the following named corporations; Farmers Home Mutual Insurance Company 3801 First Avenue South Minneapolls, Minnesota Utah Home Fire Insurance Company 47 West South Temple Street Sa1t Lake CLty, IItah Shelby MuCual Insurance Company Shelby, Ohio AND BE IT FURTHER RESOLVED, by the City Council of the City of Fridley as follows: 1. 'That the Commissioner of Insurance establish a B1ue Ribbon Commrttee to prepare recot[¢nended legislation which would recognize and establish in law the trancedent rights of the general public in insurance contracts in times of disaster and great public danger. 2. That the Commissioner of Insurance consider the documentary evidence evolving from this disasCer in evaluating corporate policy of certain insurance companies as material in granting the right to enter insurance contracts in the State of Minnesota. 3. That the Commissioner of Insurance institute necessary action immediately - for the revocation of licenses of the above named companies to engage in the insurance business in the State of Minnesota PASSED AND ADOPTED BY THE CITY COUNCIL OE TF� CITY OF FRIDLEY THIS 9TII DAY OF NNE, 1965. , � %',-c,CJ�t� � ; �.� MAYOR - WILLIAM J E ATTEST: �C�-�.��'�., (�,�r� CITY CLERK - Marvin C. Brunsell 11 , Councilman Thompson stated that he believed the purpose of this resolution expresses the opinion of the City Counc�l to the Commissioner of Insurance. He stated that he believes many insutance companies are deliberately slowing negotiations with the propsrty owners and dragging their heels in order to make it difficult for properYy owners to secure payment of their claims. He stated that he believes the Council is morally right in passing this resolution The Mayor stated that one paragraph of the resolutiQn states that the damage caused by the tornadoes cxeated health and safety hazaxds in the City and that he believes that if other insurance companies had insisted that the debris remain in place before settlement as long as some of the insurance companies have done that the City would have a terri6le problem of health and safety for its residents. i� Motion by Kirkham to adopt Resolut�on No. 95-1965. Seconded by Thompson. Upon a voice vote, there being no nays, the motion carried unanimously. AbSOiTANMENT • There being no further business, Mayor Nee declared the Special Council Meeting of .Tune 9, 1965 ad�ourned at 11•23 P.M. RespectEully submitted: �� �� ' i.�., L � � , �, , '"��r,.v�yzr.�r����'-x.ez., � , uti�' Raymond E. Bade William J. ee Secretary to the Council Mayor THE MINUTES OF THC SPECIAL COUNCIL MEETING OF JUNE 14, 1965 A special meeting of the Council of the City of Fridley was called to order by Mayor Nee at 8t15 P.M. ROLL CALL: Members Present Members Absettt Nee, Kirkham, Wright Sheridan, Thompson ADMINISTERING OATH OF OFFICE TO A MEMBER OF THE FRIDLEY HOUSING AND RED�VELOPMENT AIITHORITY: Mayor Nee administered the oath of office to Sohn Meyer as a member of the Pridley Housing and Redevelopment Authority, PUBLIC HEARING; FLOOD PLAIN IMPROVEMENT; Mayor Nee announced that the purpose of the public hearing on Flood P1ain Improvement is to provide members of the Fridley Housing and Redevelopment Authority with the opinions and ideas of the residents of the flood plain. The Mayor stated that the City suggests investigating several solutions to the flood prohlems in the City of Fridley and that one of these possible solutions is ixrban renewal ofthe flood plain. If the flood plain should become a project, the Authority would buy the property on the flood plain, and the City taouZd purchase the property from the Authority for use as park property. The Second solution would be for the City to establish zoning requirements for the flood plain, requiring the elevat�.on of all buildings built on the flood plain to be above a given elevation which would make them safe from flood waters. The Mayor asked if any of the people present at the hearing had any statements to make upon the sub�ect of solutions to the flooding problem. He asked whether the residents believe that the flood plain is a suitable place for a City Park. Mrs. Hock, a resident of Apex Lane, in the City of Fridley, stated that she would like to have the Authorzty take her home and create a park, 9he stated that her home was badly damaged by the flood. Mayor Nee asked if anyone else had any comments. Mr. Belisle, a resident at 7801 Apex Lane, stated that he helieves it is a11 right for the City to use Urban Renewal as a solution for property owners that wish to se11 their property, but that property owners not wishing to sell their property should have a right to remain in residence on the flood plain. He stated that he 6r�.�eves the C1tp should build a dike un Riverview Heights to protect the property of the property owners wishing to remain Yn their present residences, Mr. Belisle stated that in 1952 he had received 18 inches of water in his house, and in this last flood the water had risen to a level of 42 inches in his home. Mayor Nee poznted out to Mr. Belisle that if a dike were buil� along Riverview Terrace the road �a� the area would still be flooded from flood waters backing � � �