02/21/1966 - 00021639�
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2/7/66
FLOOD CLEAN UP•
Fire Chief Hughes was at the meeting and stated that last year he had been put
in charge of the flood area cleanup. He stated that they were hampered in
their efforts because people hadn't cleaned out their basements completely,
and bottles, toys and other debris made cleaning up difficult. He suggested
that if there was to be another flood, letters could be written explaining
to the people the necessity of completely cleaning out the basements
AD JOURNMENT •
There being no further business, Mayor Kirkham declared the meeting ad�ourned
at 11:57 P.M.
Respectfully submitted,
� i ��. �.�- � I —
' `�� , ,l �_-7� �
Mary Lu Stro m
Acting Secretary to the Council
FC�� lA�� ��� � �'�-���.,_
-^ FJack 0 IZirkzam
/ Nlayor
/
THE MINUTES OF THE REGULAR COUNCIL MCETING OF FEBRllARY 21, 1966
A regular meeting of the Council of the City of Fridley was called to order by
Mayor Kirkham at 8•OS P.M
ROLL CALL
MEMBERS PRESENT: Kirkh�m, Harris, Wright, Sheridan, Samuelson
MEMBERS ABSENT; None
SPECIAL MUNICIPAL JUDGE AND CITY ATTORNEY COMPATIBILITY:
Councilman Wright addressed the Mayor and stated that he would like to raise
a legal question and then ask the Council to listen a moment to a published
opinion of the Attorney General's office. The questioa he raised was whether
or not it is compatible for the same individ�al to hold the dual offices,
simultaneously and in the same municipalit;%, oL Special Municipal Sudge and
City Attorney The published opinion was as follaas;
From the 1952 Published Opinions of the Attorney Gener�l's OfL-ice, Eile
No 358b2, Opinion No. 174 from pages 314 to 316
IMCOMPATIBLE
FACTS
Special Municipal Sudge and Village Attorney are iacompatible
Minnesota Statutes 1949, Section 488 OS
On December 4, 1951, "A" was elected Special Municipal Judge
of the Village of Hibbing, and on Sanuary 3, 1962 "�" was
appointed Village Attorney
� QUESTION� Whether or not these positions are !ncompatiUle so that a
person cannot hold both of Lhem
OPINION: The question is answered in Lhe afFirmative. This office has
previously held that the ofFice of Municipal Sudge and that of
City Attorney were incompatible ,{Opinions dated June ll, 1925,
August 3, 1923, January 14, 1915, File No. 358b2 ) Howe�er, You
refer to the fact that "A" has only been elected as a Special
Municipal .Tudge, and for that reason we further discuss the
question
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2/21/66
You point out that Minnesota Statues 1949, Section 488.05,
which relates to Sudges of Municipal Court pro�ides, in part,
"Provided that any such Special Municipal Judge shall not be
prohibited from practicing in Municlpal Court or in any other
Court, but he shall not sit in the trial of any cause o�
proceeding wherein he may be interested directly or indirectly
as Council or Attorney or otherwise." You then state that you
believe, in view of this prohibition of the Statutes, no incom-
patibility would arise unless "A" were to prosecute a matter
when "A" sat as Judge, which of course "A" would not do.
"It is immaterial on the question of incompatibility that the ,
party need not, and probably will not, undeetake to act in
Uoth offices at the same time. The admitted necessity of
such a course is the strongest proof of the incompatibility
of the two offices ^(42 American Jurisprudence, Public
Offices, Section 70, Page 936)
It will be noted that under "Section 488.D5, it is provided
that the Special Municipal Judge shall act only in the absence
or dxsability of the Municipal ,7udge. Accordingly, if the
NIunicipal Judge were absent or disabled, it would be "A's"
duty to act.
In the case of Howard versus Harrington, 114 M.S 443.96
ATL 769, LRA 1917a, the Court considered a fact situata.on
involving determination of the question of the incompatibility
of offices of Mayor and Judge of the Police Court. It pointed
out that as Mayor it would be his duty to prosecute certain
classes of offenses, and that as Judge of the Police Court, it
would be his duty to hear and determine complaints. The Court
stated, he cannot be both prosecutor and �udge. The �lnties are
repugnant. He can only perform the duties of one office by
neglecting to perfoxm the duties of the other. It is not for him
to say in a particular instance which he wi11 perform and which
he will not. The public has a right to know with certaiaty. �
Councilman Wright stated that he had called the Attorney General's office and
received from them the information that there have been no relative opinions on
this particular question issued by the Attorney Genetal's office since that time.
The City Attorney, Mr, Herrick, stated that Councilman Wright had informed him
previously that he was going to raise this question and he had prepared a
written statement which he handed to the Council. The City Attorney stated
that it was his position that the opinion that Councilman Wright quoted from is
not aecessarily in point in this particular instance, but he felt a11 the facts
of the situation should be presented to the Attorney General for his opinion.
Mr. Herrick pointed out that the opinion speaks of the duties of a prosecutor.
These duties, he pointed out, he does not have as City Attorney, as the City of
I'ridley has a Special Prosecutor. He stated that there are other situations in
the County that are similar to this situation, wherein other municipalities have
used or are using systems similar to the one now in existence in the City of Fridley.
He stated he thought a good case might be made for eLther side and he suggested
the Council should give the facts to the Attorney General for his opinion,
The Mayor asked Mr. Herrick to read the statement, which is as follows:
Gentlemen:
The question has been raised regarding the possibility of the �
existence of a conflict of interest because I am presently
serving as Fridley City Attorney and Associate Municipal Judge.
Because I do not wish to be placed in the position of detexmining
the propriety of my own position and because I wish to avoid the
repetition of the emotional outburst that took place at the last
Council meeting; 2 suggest that the Council authorize me to submit
the problem to the Attorney General for an advisory opinion,
However, I also wish to bring to the Council's attention certain
facts that are pertinent in resolving the question of whether or
not a conflict does exist. These are:
1. Both the position of City Attorney and the position of
Associate Municipal Judge are part-time positions.
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2/21/66
2. During the past year Judge Elmer Johnson and myself have
agreed that Sudge Sohnson will preside over all contested cases
in which the City of Fridley is involved, As you know, Sames
Gibbs,oi our office, has been the Prosecuting Attorney for the
past year. I do aot appeax as Prosecutor, or sit as �udge in any
contested cases in which the Ctiy of Fridley is a party, This
arrangement with Judge Sohnson was made in order to avoid a conilict
existing wherein one member of a law firm prosecuted cases in front
of a Judge who was a member of the same law fLrm. This arrangement
has worked very satisfactorily and I am sure that Sudge Sohnson
� would agree that the Municipal Court business has been handled in
an expedLent manner.
It is my position that the above described arrangement could continue
and that such arrangement does not constitute a conflict of interest.
3. Attorney General Mondale ruled on September 14, 1964 that the
1aw partner of a Special Municipal Sudge may serve as City Attorney
of the same municipality. The opinion stated that there is no law
prohibiting a partner of a Special Municipal Judge acting as City
Attorney in the same municipality,
Whi1e th�s is not identical to the present fact situation, it would
seem that if a Iaw partner of a Special Municipal Judge may serve as
City Attorney, that there is even less reason to fiad a conflict
where an attorney serves as Associate Municipal Judge and City
Atto�n�,y. The former situation makes it physically possible for
one law partner to appear hefore another s�.Sting as 7udge wherein
the latter situation; this would not be possZble
4. I further wlsh to point out the practice wrthin the County by
other law firms representing other municipalities. If there
procedure is proper, the present situation in Eridley does noL
appear to constitute an impropriety.
� For many years the law firm of Hall, SmiLh and Hedlund represented
Coon Rapids both as Municipal Sudge and City Attorney. When
ob�ection was made to the appearance oi one memeUer of the firm before
another member sitting as Judge; an arrangemenL was made whereby a
Prosecuting Attorney was obtained from another law firm to represent
the City in Municipal Court; thus avoiding the conflict of interes�
This arrangement, whereby the members oI that law firm continued to
servF both as City Attorney and Municipal Judge conLinued for many
years. At the present time a similar arrangement is in operation in
the City of Columbia He?ghts.
Motion by Councilman Wright to ask Mr Herrick to refer this matter, together
with the material cited by Mr. Wright ��nd Mr. Herrick's memo to the Attoraey
General for an opinion. Seconded by Councilman Sheridan. Upon a voice vote,
there being no nays, Mayor Kirkham declared the motion carried.
Councilman Wright stated that he would also like to mention that the Attorney
General's office has agreed to comply with the request �f the previous City
Attorney, to supply an opinioa regarding the legality and the remedy, if there
is any, in the appointment of Mr. Samuelson He stated that the Council will
have this opinion shortly.
APPROVAL OF MINUTES, REGIILAR COUNCIL MEETING - F�BRUAR.Y 7, 1966;
� Councilman Wright stated that, because of being repeatedly asked about the
authenticrty of Mr. Sheridan's statement, which Councilman Wright read aloud
at the Council Meeting of February 7, 1966, and Uecause of the absence of
Mr. Sheridan at that time, he would like Mr. Sheridan, at this time, to confirm,
deny or correct it Mr. Sheridan stated that he confirmed the statement.
Motion by Councilman Wright to adopt the minutes of the Regular Council Meeting
of February 7, 1966 as submitted. Seconded by Councilman Harris. Upon a
voice vote, there being no nays, Mayor Kirkham declared the motion carried,
SECOND READING OF FRANCHISE ORDINANCE - AMERICAN OIL COMPANY (TABLED 7/%/66)•
City Attorney Herrick stated that he had talked to SenaCOr Wright and Senator
Root, and they asked that this item be tabled in hopes they could work out tn
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2/21/66
arrangement with the Highway Department to put the pipe line in the highway
rightrof-way. He pointed out that if the Couacil should decide to grant this
franchise, it would be necessary to hold another Public Hearing as no franchise
may be granted after 60 days after the Public Hearing, and the Public Hearing
was held on November lst. He stated that he mentioned this to Senator Wright
and the Senator had said that if they could not make an arrangement with the
Highway Department, they would inform the City Council and request another
Public Hearing.
Motion 6y Councilman Sheridan to table the Second Reading of this Ordinance
until the Council receives a request from either party to bring it forward �
again. Seconded by Councilman Wright. Upon a voice vote, there being no nays,
Mayor Izirkham declared the motion carried.
REZONING COMN�RCE PARK (TABLED 1/17/66 AND 2/7/66);
Mayor Kirkham stated that Hodne Associates �ad been asked to give the Council
an opinion regarding this zoning. He stated that, whereas they agreed that
strip commercial would not be good, they did not glve the Council much to go
on as far as suggestions. He stated that, since they agree they do not want
strip commercial, nor do they want what M-2 zoning would allow, perhaps there
should be another type of classification so the Council can control what does
go into this area. He suggested that perhaps the City Attorney could work out
a new sub-classification.
A representat_ve for the builder stated that it was imperative that the zoning
be decided upon He stated that they have made sales in the area, but they
cannot go ahead because Lhey do not know what they can do, He stated that it
was important to Fridley to get a ruling and not keep laying this over as
Fridley needs industry badly. He stated he lives close to this area and can.not
see why commercial zoning is not possible on University. If it is zoned light
industrial, there would probably be 50 foot buildings that would look the same
as commercial, and he felt that what commercial could offer was better for the
public than light industria L He asked for some sort of ruling so they can
go ahead with the developing as they have sold to people for Sune lst possession.
Councilman Harris suggested that the Council might consider limited commercial '
buildings of a type that would not be compatible with a shopping center area
such as office buildings or a veterinarian clinic.
Councilman Samuelson asked the representative if the businesses they have sold
to,fall in this realm, and he answered that they did, but one problem with
this would be in the financing. Iie stated that if the zoning were to stay light
industrial as it is, an office building that they would care to build there
could not get financing because of the zoning. He said they could get
financing if rt was limited commercial.
Councilman Samuelson asked if his company had covenants for totally dveloping
the property, for example landscaping, parking The representative stated that
they did have covenants established for what would be on University Avenue. He
stated that they had a 90' setback with a certain amount of grass required
betweea the building and the street. He pointed out the covenants would pertain
to any kind of building that would go there, commercial or light industrial.
Councilman Samuelson asked if they could transmit a copy of the covenants to
the Council and the representative stated he was sure they could.
Councilman Wright stated that as long as the Community represents an attractive
place for light industry, Fridley will continue to grow. Commercial, on the
other hand is limited by its market, Every time they take some of this land
for some strip development, it cuts down on the chance that a center plan �
development with parking and pedestrian access will go in, because some of
the market they had been depending upon would have been taken away by a secondary
strip.
Councilman Harris stated he would like to suggest that the builder could
discuss a limited zoning with the Planning Commission, the Council, and the
developer and perhaps come up with a program.
A representative of the League of Women Voters stated that they would like to
see the $lanning Commission and the Council take a more active interest in
the type of business that goes into this area. She stated that this area
is going to be very important to Fridley and they would like to see it
developed in a beautiful way.
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2/ZL/66
Motion by Councilman Wright that the Council request the City Manager to set
up a meeting between the Council, the Planning Commission, the City Attorney,
and any other interested parties, such as the League of Women Voters to discuss
the zoning of Commerce Park. Seconded by Councilman Harris. Upon a voice vote,
there being no nays, Mayor Kirkham declared the motion carried
- HOUSING CODE (TABLED 12/13/65. 12/20/65. 1/17/65
Councilman Sheridan stated that as long as the Planning Commission has not
� given the Council their report yet, this item should be tabled He stated
that he and Councilman Samuelson had briefly discussed the possibility of the
Council putting their views down on paper, and collectively with thethoughts
of the Planniag Commission come up with something of our own rather than
adopting a code by reference.
Motion by Councilman Sheridan to table consi*leration of a Housing Code Ordinance
until such time as a complete report is ready Seconded by Councilman Harris
Upon a voice vote, there being no nays, Mayor Kirkham declared the motion
carried.
CONSIDERATION �F 701 PROGRAM (TABLED 2/7/66)•
Mayor Kirkham stated that at the last meeting considering the 701 program
Mr. Gibbs acting as the City Attorney, (SEE CORRCCTION, MARCH 7, 1966 MINUTES,
UNDER "APPROVAL OF MINUTES" ON PAGE 2) asked for a copy of the contract if the
City was going to go on this 701 program. Mr Gibbs has written a memorandum
pointing out that appendix 1 and appendix 2, which are referred to in the
contract, are not attached to it, He also has pointed out several other points
which are not clear and need further consideration. Mayor Kirkham stated he
feels the Council should get the rest of this contract so they know what they
are signing.
Motion by Councilman Harris to table this item until the next meeting as it seems
feasible to meet again with Mr. Hodne on the 701 program so any problems can be
� resolved. Seconded by Councilman Samuelson. IIpon a voice vote, there being no
nays, the motion carri°c�.
Councilman Wright stated he would like to point out the wording of the contract
for program 701 does seem feasible and quite in line with the wishes oF the Council
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PLANNING COMMISSION ME�TING MINUTES, FEBRUARY 10, 1966;
LOT SPLIT REQUEST; L S �'�66-01, JEROME .T POLI�Y: LOTS 26-30, BLOCK 4
FLORENCE PARK ADDITION:
The City Manager read the Planning Commission recommendation to grant the lot
split with the provision that a present structure on the proposed lot line be
removed �r relocated before a new buildiag permit is issued. The City Manager
pointed out that these wi11 be two undezsized lots in width
Motion by Councilman Wxaght that the Council concur with�the Planning Commission
and grant a lot split to Jerome J. Polkey with the provision that the present
structure be removed or relocated be�ore a new building permit is issued
Seconded by Councilman Sheridan Upon a voice vote, there being no nays, Mayor
Kirkham declared the motion carried.
'S SUB-
T:
Motion by Councilman Harris that the Council concur with the recommendation
of the Planning Commission and grant a lot split to Mr. Robert Hall with the
restriction that no building permit be issued until the existing garage is
removed. Seconded by Councilman Wright. Upon a voice voie, there being no
nays, Mayor Kirkham declared the motion carried.
S. 9F64-04, HERRINGER CONSTRIICTION COMPANYe LOT 12
AUDITOR'S SUBD:
The City Manager pointed out that there is an ordinance which limits lot
splits to splitting land of an acre or less, but they felt this was a
reasonable request. The City Attorney stated that it would take a waive-�°,
by the Council, of the Ordinance.
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Motion by Councilman Sheridan that the Council grant a waiver of the Ordinance
so that this lot can be split. The motion was seconded, and upon a voice vote,
there being no nays, the motion carried
Motion by Councilman Sheridan to concur with the recommendation of the Planning
Commission and grant Lot Split ��64-06 to the Harringer Construction Company.
Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor
Kirkham declared the moti¢n carried.
Motion 6y Councilman Sheridan that the City Administration be directed to
contact the Minnesota Highway Department and request increased access off
53rd Avenue North on the west side of T.II. �k65. Seconded by Councilman Harris
Upon a voice vote, there being no nays, the motion carried unanimously
REORGANIZATION OF THE PLANNING COMMISSION:
Mayor Kirkham stated that a �oint meeting should be arranged between the
Planning Commission and the City Council to discuss the reorganization of the
Planning Commission. He suggested that as long as the Council will be meeting
with the Planning Commission on Commerce Park rezoning and the Housing Code,
this item could be discussed also at that time,
LOT SPLIT REQUEST: L.S ik66-03, MIKE HAFNER• LOT 20, BLOCK 2, COMMERCE PARK:
A representative of Mike Hafner explained that they had made a mutual
agreement between themselves that no other tots would be split until the
lot that is to be split is sold off entirely. He stated that the Planning
Commission had not wanted to make a ruling becuase they did not want to interfere
with any of Mr. I-lodne's plans.
Councilman Harris asked if this is zoned light industrial and if the 1ot was
being split because the enterprise did not require a lot of this size, The
representative answered that th3_s was correct. The Council looked,at the
plans and there was a discussion of the zoning in this area.
Motion by Councilman Harris to approve the Lot Split �r`66-03 on the basis
that the land developer brings in his covenants covering this property at the
next planning Commission Meeting. The motion was seconded, and upon a voice
vote, there being no nays, Mayor Kirkham declared the mation carried
BOARD OF APPEALS MEETING MINUTES - FEERUARY 16, 1966:
PUBLIC HEARING ON A R�QUP�ST FOR A VARIANCE FROM SECTION 45 231, CITY CODE
OF FRIDLEY, MINNESOTA 1963, REVISED DECEMBER 31, 1964, BY WAIVER OF SIDE
YARD REQIIIREMENT FROM 10 FE�T TO 6 FEET 6 INCHES TO PERMIT CONSTRUCTION OF
A 5 UNIT APARTMENT BUILDING ON LOTS 80
ROAD NORTHEAST. FRIDLEY. MINNESOTA
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Ic�'i:7�1:7�F.:1 � .
A. SPRING
RICE
The City Engineer showed the Council a plat plan of this property There was
a discussion about possible ways of draining this property. A neighbor
Mr. Leonard DaS,ley, 8251 East River Road was present and explained to the
Council how the surface water drains onto his property.
Motion by Councilman Harris to table this request £or a variance until such
time as it is brought 6ack before the Council by the principal Mr. Wolke.
The motion was seconded, and upon a voice vote, there being no nays, Mayor
Kirkham declared the motion carried.
BUILDING BOARD MEETING MINUT�S - FEBRURARY 9, 1966;
Motion by Councilman Wright to receive and file the Building Soard Minutes of
February 9, 1966. Seconded by Councilman Harris. Upon a vo�ce vote, there
being no nays, Mayor Kirkham declared the motion carried.
BUILDING BOARD MEETING MINUTES F�BRUARY 16, 1966;
CONSIDERATION OF CONSTRUCTION OF GARAGE FOR EQUIPMENT SOx50x10, 2500 SQUARE
FEET, 25,000 CUBIC FEET - 43RD AND N P TRACKS N E, FRIDLEY, MINNESOTA
(REOiTLST BY MINNESOTA SILICA SAND COMPANY. 43RD AND N.P TRACKS N.E.. (FRIDLEY
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Motion by Councilman Wright to grant a Building Permit to the Minnesota Silica
Sand Company, contingent upon the receipt of a proper site plan approved by
the Administration. Seconded by Councilman Harris. Upon a voice vote, there
being no nays, Mayor Kirkham declared the motion carried
FRIDLEY SAFETY COMMITTEE MEETING MINUTES - FEBRUARY 16, 1966:
STOP SIGNS AT BUCHANAN AND 52ND STREET:
Councilman Sheridan questioned having a sLop sign on Uuchanan and 52nd, as
� the Safety Committee recommended, as this was a steep hill and it would be
hard to get started again.
Motion by Councilman Samuelson that yzeld signs be placed on Buchanan Street
protecting 57th and Lincoln Terrace, The motion was seconded, and upon a
voice vote, there being no nays, Mayor Kirkham declared the motion carried.
COMMUNICATIONS•
INSURANCE COMMITTEE: lICIIOR LEGAL LIABILITY:
Mr. Richard Schillinger, Chairman of the Fridley Insurance Advisory Committee
explained that he had appeared before the Council January 17, 1966 with his
committee;s report, and had recommended renewal of the Liquor LiaUility
Insurance. After that date, Mr. Schillinger explained an error was discovered
in the amount of sales and the total coverage was changed to a figure of
$5,883. Since that date the Insurance Committee has received two proposals,
one from Marsh and McLennan and one from Hadtrath-Katz agencies Mr. Schillinger
stated that, because of the tremendous difference in cost, the committee is
recommending that the City Council make a change in the policies
Mayor Kirkham asked Mr. Schillinger if Mr. Hadtrath has the assurance that he
can w rite this with St. Louis. Mr. Hadtrath answered that he could write
this policy through the J. T. Miller Company
� Mayor Kirkham stated that he had �ust received another bid in a letter from
Marsh and McLennan which can effect a further savings on this particular
insurance. Counc�.tman Ldright stated that he did not feel this auction was
the proper way to handle this matter.
%� Mayor Kirkham stated that he had a telegram directed to the St, Louis Company
which shows that Marsh-McLennan Agency is the only one that has authorization
to quote these figures from St. Louis Marsh-McLennan telegramed the St Louis
Company and asked if they would hanor any quotation other than theirs• such as,
the Hadtrath Agency, and the answer was that St. Louis had aever heard of the
Hadtrath Agencv and would not honor their auotation.
�(SEE AMEN➢MENT - MP.RCH 7, 1966 MINi7TE5, PAGE 1_ UNDER "APPROVAL OF MINUTES'�)
P4ayor Kirkham stated that this new bid from American Home gave a$1,000,000
worth of coverage for less than $200 additional premium over the $300,000
limit of the previous quote.
Dale J:adtrath explaitied that hi� a�ency is the �;eneral writ�.n� a�ent ior tihe
J, T. S4i11er Ccmpany, which has a general agent's contract with the St, Lortii;,
Fire and Marine� and was sure i£ 1�[arsh-r4cLennan had checired this� thev ��ould
have found it to 6e the case.
T�Iayor Kirkham stated that ;ince the dif£erence in pric�; is so greaL, and is
� costing the Git,y about ih�10�000 a da),r} he thoughl,the Council should decide
right awa,y on changing the present coverage, and he didn't think the,y wou'�
be able to do an,y hetter than this �nost recent quote.
Councilman r"rright stated he was sure the Tnsurance Committee would uive the
Council a quick report� and the Comzcil should nat have to concern �tself
with '�20 or '',90 for a couple of days. He stated the committee has always
operated in the be,�t interest of the Cit�T ai�d trere *aas no evtdence other�*ise.
3e felt this should be settled properl��,
Ms. Sch� 11in„er stated tnat 'ie tallced to the t� o conpanzes thai, are presenl.l?j
writing the �nsurance, a;id he has rece�v�cl assurance from Them that r.ancellat_�on
of the �resent peltrie�� i£ n�eded, zaoald ba on .� pro-rate bas5_s,
Ptir, tladtratl. tolc? Lhe f;oi�ne-1 i,iia� if they .aere �n�Preeted in hi hcr limitis oC`
insurance� his af;enc�r co�ilrl ���*ur� t111s a�,so and sub�eit :, bid.
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1!ayor Kltl;ham read a lettcr adhressed i,o Lhe Ctt}r Coi�nctl from i1r. Picha^d D,
iteisery which Ura� as foLlons:
Gity C�unc�l
Ci ty o=- f'r� c l_ey
61a3�� JniversiLy Ilv�nue N, �.
Pridlev, f•'ilnnc sota
Gentlemen:
As a tax_ natrin;- �^esi�lent of tl�e City o£ Pridle,�r� I am rightfull,y concerned �
��rith hoie certain tax_ dollars are allocated and d,sbur•scd,
'�zinr; that I am in che tns��rance ind�zstr,y* and knota�n;% that r,ri_d1e�r
gays somew�iere in the area oi' �3SiD00,OG pc;r annum sor variou� Znsur-
anc�s� I havP tai�en it �j�on mvse7s to see ii' thi� mone�r is beZn�; well
speni,.
It ls mY� ��n�lerstand�_n� that a l�rev�_ous ctt}r co�mcil established an
�_nsarance co�nm2ttee to ass_�st the counc�l in the arrange-nent and
poss�blv procizre�nent oF in^urance. P.Fter discu�sions with certain
mE;ni`�ers n� tl,e F'r�_d1e,T Cit,;� Conacil' an atto-rne;� ior i,l1e c�t�T�
P4r, fiarvin Tr nse11� and Lhe chalrman of t,he insurance committeri '
i be]ieve LYiat it is q�u �e rrasona'o1e to sta�e that no one seerns
to kno�� exactlz� t•,hat this committe:n should do or noi, do or be
res�onsible i'oc or oLl1erwlse. ?'or exampley the City oS 7�rid7e;,r
has n=�aer, to m,9 imni,lr;d�*F� d��af'ted an?r znsurance s�eci-icationsy
nor has t'rie co��mil,te�5 no_r has a�yone eve;r been �_naltc�d to s�xb�rt2t
an oi£icial ins�arance proposal. It is my understandzng that this
insurance committee arrai��;es insurance in companies that thE,y
rep-resent and for zaho�n the?T Funct�on as commissioned aeents5 a£ter
tiahich th�y reprrt to tne city council that tahat they have arran�;ed
is the best possihle buy, Admittc;dl;� i�ridley has procured insurance
zn r.he �asL in a Pew is�lated cases from companie; not represented
by the commii,i,ee membersy but to my kn���led�e none oF these companies
now prevail. ,
In order to become a member o� the Pridley Insurance Cominitteei
NLr'„ Sch�llins;�r has informed me 1,hat h� *nust be a resident oi Pridiez,�
and licensed hti* the ii.ate oC T'Iinnes�t2 ,n a11 insurance lines. S
have been ��nable i�o det�r�nzne *�sho established thcse qualif�cat�ons�
h�at I dc Irno1�� that I�aoulc� meci, the First requirement bizt not the
last as I am not liccrosed in all lines for th� ver,y simple reason
that T am nat a r,=�neral practitioner ��ut I am a spem_alist in M,y
ot2m f'icld.
The I'ridle;yr Insurance Ccrnmlttee inst-�ixeted ttiao insizx•ance com��anies
to �_ssne contracts� efiective January l� 1966� protect�ng the City
oi Fridley aga�nst Liquor L�ra1 Ltability clatims, finpa-rent�f the
committiee d� d no t even disciiss r�rhat the premiums wn�ild be because
when thetr received the trro coni,racts *aliich totated ';y��SOa,00 in
L�remnim t1ie,y tiaer2 t�aasmltted to the c� t�* Tait1-i no comrnenrs tnat the
p��emiu*n �jas correct, � ��,�petent a�;enc? a.rreed to t,rrite appro�imately
ten ,��nes as *nuch coverane ior a prem2um o� appro�;imately .13�7`j0,00,
In 1if;ht o£ Lhe s�_�b�Lantial diffFrence tin pre�iiim, t}ie othc�r a�ency
e�a�-��nr�d the ool�e2es that tlie co�nm_ttPe had recommended and detect�d
a t7��o�ra��i�ica� �rro�° ahzch ,aas hroraght tc� the att�eitition oi var�ous c�t�=
ofi�1cia1;; anc� t�1e insiarance co�rnittee afl,er U�}12�h the co�nmi_ttee ad_�t�sed
the �nsarance conipaaie� taho in tnrn, we unusrstand, reduced the premtinm
i'rorn the ';,'�°y�00,00 Lo anpros;imatel;,r ';;6,`�00.00, lhe coimnii.te� al:,o
sl,atecl ;h�i� tl����r too had r3etected tli�s �iiscrepancy� bt�t it rertain].y �
does see*�i �tran�;e ;l�at it �vas no1, bron�ht to the ai,tsilt,or, of e�ither
the clt� o�� the ln:�nra�2ce compartt2s unt_�1 ai�,�r�,ards.
I noca un�9crstand this sa�nr: �nsurance comrnittce lcuo,si_n; tihat 1.'�ie;T �,sere
`;?�3j000.00 ;�i her tlian t,u� oLhc�r a; enc;= locatied anothcr •nar}cety i,he
St. Lo��is _�ire and -�lailne, U�Yio the,y staLed �ao�1d ��rite thi_s _�nst:rance
£or some �2,00,00 l�ss than the oL'ner ar;enL, i�ezrever, tl is quoi,ation
t,�n� n�v�r a�ll,}lo .LZed nor �h�lll_ it he lzonorr=d 'op Lh� S�. Toiiis l�ire
and �narzne Ins�ira��ce Co�nr�an�* as Lh�y ha�e �iven � prior c�mm�tm�nt
Lo th� othcr a�c�ncy, T!�e oT,her arent knoia_nr, r,hat tras hap?eninp�
rea}���roached �l��ir insnrai�ce marltet� tlle american Iiame� and re-
(tifr, Reiser's 1�i.t�r aoni,in�aed )
� �� �
�/2 z,�E�
ne�ot�_atc-d an even lo��e: prFmium za'ni�h laonks to t�1e dis��nct �dvanLa�e
of nrtid�ey
RsZr.e from the ftasco on the L�quor Let,a] Liabtl_ltti �nsurance� it seems
stranRe that the C�.t�j of' Fri_d7eti �zas tUro broad fo-rn contracbs in 1�he
Hartiord Incnrance Compan,y and the City o= Frid1�J pa,ys a prerrunm
chaige on tlre bas�s oP area ior 6U31 Tlniver�ity Avernae and yeti ano�;ller
pr2�n��zm charg� on thc: other policy on Lh� basis o£ ,�aproll. It also
� seems stratif;e that tl�e area fi_„itres on the I�'rldlcy po1.�c�� are rioL tin
lceepinr with the�r aci,ual �n^asi�re�n�nts ln some cascs. It also ;oe�ns
stran�;e tl�at tlie pay�°oll est-�nates and �n so�n� ca,�e� l,l�o claseiCicat�oi��
d�_i_fer o�tween �he Compens�tion aizd Liab:li ��� coni,iacts. It 3lso seen�s
stran�e that none of the �rch�c7.es have ever l�ec�n dep��eclated _'or
insnra�ice purposes t'ro*a i.he 6�mE t'�e,y were i�_rsc pnrchased. Ir, also
se�ms ,�tran�*e t�r�t the insnra»co co*n*nZ�tee does not k�io�r the calne or 1he
var�ons bnslc1,_n„s Al�ho:,�;h tl�e�= P��ve arran,-ed gropPrt}r Znsnrance on
;a�nc for ❑arious amorrits.
I wou7,d conclizde that the C�ty oC Pr�dl��r ,^,ho�l�: i^��aediatel.y exa�nlne and
update a11 0� �h�ir �nsur�nce ��n7ici�s, 'Phe ciL�z roni�cl] s}ioiti��� �°e1;�
up^n Lhe cit,y maaia�er aed i£ an ins»rance commitLee �_s needed tl��,� ;lzould
�nncti_on as cr�nsi.li.ants to zhe �nan�ger ��ho should br; hola re�pouszblc�
icr a11_ insurance matters.
3ours vc�rzr Lr��1,�T,
��chard n. Rc�iser
12la �*1��n �reeL '�oa_d
Conncllma�, '���r�ght Lo7d of a meetin��, that had been 12e1d i.o disci�ss thts ma�ter
at aJna_ch oif�_cia1� o� Lhe l�Farsn-i9cl,�nnan A�tenc;> i�ere pieseni, a1on�, *.iBh i,he
l�layor� ?4r, 'rri�ht� I�S•, iamnelson� 14-r, i`'ibbs an� 14r, Zelser. 'ic }�oin,ed ont
that t,ie Clty recaives soli_citation� to porchase in: urance in dlf=erenl, tira,v;,
Sometimes they co�ne to P�, i3ransell� ;fls', 1TC('�,�rea or 1'�, '.a�;ne� anrl then they
� are referred to i,he Snsiirance Co�,m2tii,ee, i3c stal�ed that Ilr, Rziser does »oi,
se�n �atlsfied to ma'ce a proposal lilce an?r oL;�er znsiu�ai2ce a�;enti and have
lt proP�r1J evaluated as the committee ha, done. �o,� ;o�tie reason 11� is
seeking to make a polit�cal �_ssue oi it, C;oiiiicil��an '�i,;ht st�ted lt secmed
possi5l� to him i'or th�; Ci1.y o` Prirlley i,o Yaa�r� Lh� �_n�urai�ce bid� c�n1;�
appro;tim�i.el�* lbdu oi the mun�_cipalities do thi;� hos�ever. T]tie 3nsu�°aace
Comm�_ttee has debated id7is hef'ore� but the}r See1 ins�irance o° tl.�s r.o�ii��l2xit;�
is exceedzr� 1;,� hard to malca a biddab7e �tem, Councilman "r1�;ht ;,tat�d he U�ould
liit� to point out i,hat on a num'�er of occas�ons a number ot' people have
suQ�ested to P4r, Reiser that he iaor'1 ta_th the commit�ee� '�ut he nas cleclincd
to do so.
P'lotion b,y Sh�:ridan to table �he purcl7�r,� of Liquor Lr�ga1 Liahilit� Insiarance
uetil Lhe G_ty Council re r,eives a reconm�nde r,� on, one ���a,y or tlzc otlZ�:x•� �rom
�`�e Insurance Co�mnstte�. ;ec�nded r�z,� Counctii_man i a�i_t ht, Upon a voice �rote,
ti'_nere being no r_,ays� Lhe *notion carr��d.
In the dlscusslon t,r�at folloTaeda 1'1r, I�e�ser asl:�d �o�inellman �°i�-ht i]'� �n'i�s
opininn� thls z:, ccn_lict of ,nterest on the ,�ari, oi' Lh� Insitraace Comm�Li,ee�
and IZr. ��TrzE,ht ane��*ered, "P10 uir." %rA2r. r�iri,�l�t (SF�.0 CO�i�'i?C�!'I01T 'llsI�CIi 7, 1°ob
PtI%TU7'��,9 li7v7)LR ;3PPROT!(� OP 1�I�1N1'PS - P4GL+ 2 stated he Tao"�r� lzlto to asli tilie
same qnestion of Pqr, iiErrieic, �4r, Herri_cic an,���ered that 12e woi�L�l ��anL i.o
apnrise himselF more Su11y'oeiore he f;av� an opin�on, and �ioiild ��ret�r ca
talse it ��nder ad�rtse nent.
� �herF *aas a d��cussion on Tdnir.li daLe the Ci�� Counc,Z coiald �eL i,o,;et��ci°
�n_th the Insurarice Comm�ttee and re��rc;ser_ta��_ies o' the isiarsh?;cLenman 11�;�nctr
to c�_sc>>ss the renort. The da�e of 7'uesda�T� 1larch 1, 19f�< T��as decided upon.
n4ayor Sir�cha�n aslccd '�1r, 3chillinrer� if the co�niniti,ee has time� to ��view
more oi tLe ;�ro,�ram a1so.
���
�/��/s6
co� �r nJMC���lo_�T
IIiCDRp'�iCt�. C01�L1I'�'�'I,P: CI"Y 7'0�'�DTA➢0 CLAIl45
]'ir. Schillin; er ea7�la �?�ed that the ori�ina7_ arr.oimt to be pa�_d �o the Citv oi
Prldley -�0^��1 lia;e Y�een approltinti�tely v�5S�000� bttit, aiter tlley disagr�ed U��th
tli� ad7uster� l,�e i_Lem iaas rene�soLiatEdy and i'iaal �EtLlemont ta-i11 be `I�59,����.�3.
Council��an Sa�uzPlson a�Led tihc r�_na��c�, DirecLor i� he agreed tia�th the
depreclatton anoi�nts s}�oim� an�l �li:� 1�inance D-Lrecl,or explaincd that this xs
urh�re the cl2sa��reem�nt and chance came 2n, �nd 1�e relt i,hat t42e a��io�nts are �
as �;ood as LPi� y can be.
11oLion by Council�n3i, �'i ;;ht to ��ithorize tl��: Ctii,y 19anarer i,o �ip;n the prooTs
ot io�s and accept a ch�ck totaZlrir°'�59�h?6,03. `econded by 6her-da�7, TJ��on
a noi� e voc�, :l�ere bel�i,�^ tio navs, �'7a;,*or liirlcYiam declared the motion carr;Fd.
C0:'�ITJ?iZCE17'IClT1: 1�'TrfnifCS �P?[;CTOii� 5����j' 11�;S-'�S^41'�fT P(�T,I�'l:
NCr, 13r�inselly the F_i_nanc� �lrectar5 ���lai��cd the .��tuation to th� Counci7.«
`,3o stated that �f the Coizncil is inol�nFd 1,0 ;�ut 1ai,era7s on �he west sidE
o� i)niversLi,,y n_venixe (tlie `;,rlvan Frti11s ar2a) the i�r�,7ect t•�i'LL haire to r:et
ctartecl soon, bnt tl�ere wti11 be no ro,h if tiie,y are nol, qoin� to do anythin�
ahont, ],aGerals otiti t,he wesG s�_de, Thc H2nance L)�r�;ci,or asked %he City �'n�ine�r
if tl�cre had bren a pnbllc ltiearli�n on the iaest 9ide. Th� ancwer was no, `Che
?�'�nance �)irector czpla�ned �haL ii th�a Sonnr,il assesses as the pro,7ccts are
done� tLere H�i11 bc difFerent �.�sass-n��nts� and the Cannctl ori�;irial;ly 1�r�nted
equal assessrnEnts,
Cotnticil�nan Sheridan sLat��� 1.12a� he i°�ea11� tl��t tl�ey dela;red th=s project
as LhP �tre��s �n this area ti�e�°e ;ooc�� aud tl�ey c�2�Yn't want s�reet resLorat-�on
at that t�m�, i1c th�u, ht �h� ori,;inal po1�c�= �ltould ho adopied and the
Coiancil ,PLOa��I l�:vP 1,'1� CiL,y';n�ine�r upcla�e the Fi;,ia�°�s, and uso tf��6e
iigures r,n ���ead over 'r,he ti,�1io1P area tiuvolved, ihe I�'�nanco Plreci,or ask�d
9ouncilman �SVxeridan ,f' he ��a� prol�osing ���a� tkt<: taorV actuall;� be done noU�
on the west sic'�. Co��ncilman Sheri�ian �ans�rered rhnt i£ the pro�,ram *a�;�°e to �
bc� comj�let�d �n i,he n��t co�Aple ��i v�ars� �res.
Councilrnan -iarris aslced �Ir, Comstock _�� it woitild be pos:,�1�1e to �ro7ec� the
co;,t fl� ures to 3 years and another �ro��ction to 5,yea-rs, il�. Comstoc}c
said Zi, would I�e ve�•,y �l�lf'icii]t ,�s ii, is co�nmon Lo 6e J.5% ofi', You just
can't est�.mate tl�at acc�trate� J•
The Finance ])-recLor e�cplained the Coancal could estimatc the cost o£
com,�le%in�; tYte J.ateral s�y�te*n on the west side oL Universit,y Avenue to
estabaish a�°aL-e. Ttie Citzj i-?ana�er sat�l tYaat t��err coia]d hol� � pul�l?c
h�;arin� on the �mprovernent �tr1d �ive Lhe asuess�n�nt figtares ;�nd �niorm the
pPOnle that �_f Llie�,= don't want it no��, at a later �ate i+, ���r h� 3Q„ ,
hli�her. Theri t,Yie Cotinctl coi�ld holr3 another heariri„ ��hen it is ordered in.
The City il#.t,orne�r sald he sari ni� problern ith thiu as 7,on� as 1,he rnoney is
as,sc,ssed e�-r ls ava�_lab7.e i,o 7�a`r Por lt,
Ur�t� on bJ CQUnc� L'naa ' drir�ht i�Lat the CQUne�1 re-order �;s� �matos on Prc�ect
rr5� ]aterals ar7 the tiaest o� L'niversity ,^,torm sy�centi and have t,he resoluti.on
on �he a��nda at Lhe next �n�etzn� ,se tti� nz, tize ��ul�] ic hearin{; on the
improvement `c�r the laterals, 'The motioiz wa.^> secoiz��ed. T_�pon a voice votey
tl�ere bein;; no na;rs� tl�� mn-,ioti carri2d uizanimor,sl,y.
ROBr;d� �7�VIS F, LYO`dS: SPiT;2 TP��C[, i�A�SPI�iT'iPP:
_--�----- --- --- -- -- ----
�Totlon b� ��unci7man ,;amta�]�son that the Counc�l Yiave the City Attorn�y drata �
u� an eas�meni, irorn the CiLy of ?�'i_dlesr to the Great Northern Railroad £or a
s�ur easem<:nt o11 the easL slc'e oS +he right�of-ti�ray on '(�)th 4vc�nue ➢Sorth�ast
and cnco�npassin; in :h-�s easem�nt� conl,rol ior tr1e City of Nrihlev ior the
cross�_n,` and iuiiu�e ea �ements of 79th �;oin:; �aest and pravistons �tihereU�T the
C1t�r of �iidlel� can prot�et itself o�ti this cross_n(r ��nd otl�er crossln�,s wii,h
criteria, t;econ�ted by Gounci1*,1an Slierzdan. �lpon a voice votey there 'oetn�
no i�a,vs� Niayor ]�irkham declared the motion carri�d.
���
2/21/66
COAiMUNICATION: ENGINEER�S MEMO: SURFACE WATER:
Motion by Councilrosn Sheridan to receive and file this memorandum and concur
with the Engineering Depertment in this matter. Seconded by Councilman Harris.
Upon a voice vote� there beiag no nays, Mayor Kirkham declared the motion carried.
COMMUNICATION: MUNICIPAL NDGE: DEPUTY CLERK SAL_ARY:
Councilman Harris atated that he thought there should be a better uay to
� determine what the deputy clerk�s salarq should be. He ihought this matter
should be re-evaluated With consideration given ta an hourly wage� as the
vork load is getting heavier all the time� and he xill soon naed another raism.
Motion by Councilmsn Harris to refer this request back to Judge Johnson and
ask him to re-evaluate this matter and advise the Council. 'the motion was
seeonded� and upon a voiee vote� there being no nays� Mayor Kirkham deelared
the motion carried.
Mayor Kirkkiam told the Council that Judgd Johnson has requested sub-leasing
some space in the Madsen Building. His work load is great and he should have
some cYiambers in whieh to do his counseling. The Mayor stated that the Judge
can share some additional spsce with Mr, Mongo £or $25.�0 a month and use
the apace days and some arenings. There was a discussion on how this would
ba paid for� whether it Would be worked out of tha present budget or be an
addition to the budget. The Citp Attorney st,�ted he would like to discuss
this further with Judge Johnson.
Motion bp Councilman Wright to table this item until the next Counc3l
Meeting of March 7� 1966. Seconded by Councilman Sheridan. IIpon a voice
vote� there being no nays� Mayor Kirkham declared the motion carried.
COMM[TNICATION: PAUISON. ASSE35MENTS:
The City Manager told the Council that Mr. Paulson had been unable to attend
� the meeting this evening.
Motion by Councilman Wright to table this communicntian until the Couneil
Meeting of March 7, 196b. Seoonded by Councilman Harris. Upon a voice vote
there being no nays? Mayor Kirkham dec2ared the motion carried.
COMMUNICATION: N.S.S.S.B., INFILTRATION:
Motion by Councilmen Sheridan to rec�ive and file the comraunication from the
N.5.S.S.D. Seconded by Councilman Wright. Upon a voice vote� there being ao
nays, Mayor Kirkham declared the motion carried.
COMMUNICATION: DISTRICT #14. SIDEWALKS:
Motion bp Councilman Sheridan to receive the l�tter from Independent School
District No, 14 and have it available for the hearing on sidewalks. Seconded
by Councilman Wright. Upon a nvice vote} there being no nays� Mayor Kirkham
declared the motion carried.
COMMUNICATIOft: DFL, COUNCIL MEETINGt
Motion by Councilman Wright to receive �,fid file the communication from tha
DFL Executive Committee. Seconded by Councilman Sheridan. Upon a voice vote,
there being no nays� Mayor Kirkiiam declared the motion earried.
� COMMIiNICATION: M.H.D., CONDENINATIUN:
Motion ty Councilman Sheridan to receive a t�nd turn this communication from the
` M,H.D. over to the City Attorney. The motion was seconded. Upon a voice vote
there being no nays� Mayor Kirkhem declared the mation carried,
���
2/21/66
COMNiUNICATIC3N: HODNE, INTERSECTIONS:
The City Manager explained that the ➢$ and Phillips Service Statiotts have been
issued permits to build on their properties at 57th Streets, but the Council
could ask them to wait until Hodney Associates had completed an appraisal
which Mr. Hodne would have in 60 days at the latest.
Couiicilman Harris explained that Hodne had been engaged to study this so that
Fridlep could have the best possible plan� and not the same old problema. He
suggested that perhaps these people could go oaer the p}.arc with Hodne before
they exercised their permits.
DX and Phillips were both represented at the meetin�, One of the rapresentatives
asked why they should discuss this with Mr. Hodne when they are satisfied
now and wouldn�t care to change satisFactory conditions. They asked if they
could continue with�the permit without any problems. Councilman Wright
pointed out there could be future problems with the service drives if they
were to build before the £inal plan is adopted,
The Gity Attorney pointed out that if the sernice stations were build at
this time, and the Highway Department Were to change the service drive� there
might kiave to be condemnation proceedings and the owner of the atations might
be in a position for compensation, and the City cou.td be in a worse poaition,
The representatives asked i£ it would be the City of Fridley or the State
Highway Department that would need the right-o£ way, The City Manager explained
that the Highway Department would build the road at their own expense� hut
it was doubtful if they would pay the money to purchass land� now they would
p].an to trade the right-of way in front For a right-of-way in back. He stated
that there is a deadline Nith the Highway Department-also because thay don�t
want to delay the contract.
Mr. Gibbs, a visitor to the Council Meeting, stated that this was a comedy of
errors. He stated that this is now going into the thirteenth month for the
companies trying to build service stations and they are still getting the
same "stuff" that he got Hhen they were trying to buq the land. He stated
that the plan Hodne has is no different than the plsn of si�c months ago.
Counci].man Wright stated that it is true there have been setbacka in timing,
but the City h�s a much greater obligatian to a lot more people than to
individual corporations or private land owners and the Council must make
sure it is being done with the proper traffic Ylow and vith the proper
planning orientatian. He ssid the stations can start building at any time�
the permits have been axarded, but the Council would like them to report to
their Management that the Council would extend their peraiits if they would
deley for a few weeks.
Mayor Kirkham stated that these people have been kept nraiting long enough
and any ftarther stalling could solve nothing. Councilman Harris stated that
these people have their bu3lding permits and the Covncil should instruct
Mr. Hodne to make any changes he might have or want to suggest for that
particular corner and let these people go ahead with their plans. Councilman
Wright said that there was nothing before the Council that requires action on
this matter, but he felt it was only fair to inform these companies that there
could be a change in plans� and request that they bear with us until we have
received this report.
CHANGE ORDER #2 - W-34-0:
Motion by Councilman Sheridan �o approve Change Order �{2 (Water Project
34-0). Seconded by Councilman Harris. Upon a voice vote there being no
naysy Mayor Kirkham declared the motion carried.
CLAIMS•
Motion by Councilman Harris to approve General and Public Utilities Cls3�}s
#7902 through #8018. Seconded by Councilman Harris. Upon a voice vote�
there being no nays� Mayor Kirkham declared the motion carried.
Counci]man Wright addressed the Mapor and stated that it is the opinion o£
those with whom he has discussed this� that if there is any queation as to
the propriety af the dual roll of Associate Judge and City Attorney� that it
�
�
�
should shox in the record that there was a question concerning paying both
salaries. He atated tt�at thera is na 3tem in the elaims detsil concerning
either of these itema� but he would like to make a motion that the Covncil
ittstruct the finance department that, until the Attorney General's opinion
on the compatibility of these tvo offices is availabler he not issue
compensation checka to the C3ty Attorney or the Municipal Associate Sudge.
These checks to be held and psid depending upon the legal judgement. He
stated that he suggesta this as a legal safequard.
City Attorney Herrick stated he didn't vant to be placed in the position of
� judging his own position, but it se�ed to him thet whether or not there is
a conflict in tha two poaitions, he is performing the service and entitled
to compensation. He atated that if the Couneil wanted to hold it in escrow,
he had no abjection.
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1��
2/21/66
Councilman Aarris atated that it xould make no difference what the Attornep
General's rulling croul.d be, Mr. Herrick will be on the City payroll 3n one form
or another and xill have money coming� so he asks Mr. Wright to rescind his
motion.
Couneilman Wright stated that the important thing rras that the record show
there was a question� and his motion �+as not intended to deprive either of
the rolls of their just campansation. They should haue the opinion at the
next meeting� and if the rolls are Pound compatihle they could release the
money; if the tvo jobs are not compstible, he mey still receive both checks
unless the Attorney General's opinion rules otherwise.
Mayor Kirkham stated that the record ahould show that Councilman Wright
made this motion. There waa a discussion on prorating the February cheek
for City attarney. One—fourth is to go to Wyman Smith and three—fourths
to Virgil Herrick.
Motion by Councilman Harris to approve Liquor Claims #825z through #g308.
Secoaded by Councilman Samuelson. Upon a voice vote� there being no naysa
Mayor Kirkham declared the motion carried.
ESTIMATES:
Motion by Councilman Samuelson to approve the follouing estimates:
Johnson Brothers Highxay & Heavy Constructars, Inc.
T', 0. Box 1002
Litchfield� Minnesota
Estimate #4 (Final) — Water Improvement Project
No. 34-0 (Croasing — T.H. #694 — Johnson Street�
7th 5treet).
American Pipe Services
2231 Edgewood Avenue South
St. Louis Park� Minnesota 55426
Estimate #2 (Partial) — O.E.P. Disaster Sewer
Cleaning Program 19b5-66 for work completed as
of January 31, 196b, in accordance with the
contract.
Soi1 5olidifiers� Inc.
10601 Olson Memorial Drive
Minneapolis� Minnesota 554z7
Eatimate #2 (Partial} — O.E.P, Disaster Sewer
Cleaning Program 1965-66 for work completed as
o£ Janusry 31, 1966, in accordance vith the
contract.
� 14,o91.6g
� 17,157.16
� 17,�86,,96
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C. S. MeCrossan Company, Inc.
Route 2� Box �322
Osseo� Minnesota
Estimate #6 (Partial) Street Improvement
Froject No., ST. 1965-1 according to contract
(1965 Municipal Program)
Estimate #�6 (Partial) Str�et Improvement
Project No. St. 1q65°2 according to contract
(1965 State Aid Program)
Comstock & I)avis� Inc.,
1146 County Road ��J�'
Minneapolis, Minnesota
Consulting Engineers
55432
For the furnishing of resident inspection and
resident supervision for the staking out o£
the construction work for the following:
Estimate #10 - Water Improvement Project
No. 34-0 from January 3, 1966 through
January 29, 1966 (crossing T. H. #694 -
Johnson Street, 7th Street).
Estimate #ll - tvater Improvement Project
No. 75-A from January 3, 1966 through
January 29, 1966 (Three Additional Drift Trlells)
Estimate #2 - Storm Sewer Improvement
Project No. 12 - Sehedule B-£rom January� 3, 1966
through January 29, 1966, (T.H, #47� south
of T.H. �}1G0 (1GOp Fridley)
Estimate #3 - Storm Sewer Improvement Project
No. 12 - Schedule A- from January 3, 1966
through January 29, 1966 (T.H. #j47, south of
T.H. #100) (Golumbia Heights� State oY Minnesota
and Fridley).
� z,is9.7i
�
� 3�.00
$ 112.5�
$ 35.�
�
$ 1,152.00
Seconded by Councilman Harris. Upon a voice vote� there being no nays, Mayor
Kirkham declared the motion carried.
Councilman Harris asked Mr. Comstock about the progress of the sewer cleaning
project, Mr, Comstock reported the two companies were doing about $25,OG0
warth of work a month. He though Soil Solidifiers, Inc. will make the
March 1 completion date� but American Pipe Services will need £ive or si�c
working days after March 1. He has asked them to document the reasons� but
he hadn�t received the reFort for this meeting. Mr. Comstock showed the
Council a work program map.
LICENSES:
Motion by Councilman ,�lright to approve the follrnving licenaes:
GENERAL CONTRACTORS
Curtis Construction ComFany
3907 Janet Lane
Brooklyn Center, Minnesota
Windom Park Realty
2�e46 Johnson Street N. E.
Minneapolis, rifinnesota S51{18
HEATING
Northtown Plumbing Com�ny
176 Riversedge h'ay N. E.
Fridley, Minnesota 55421
by: John E. Curtis
by: Diane N. Harstad�
by: Thomas id. Veit
0
t1F,%T
A3EW
,
MULTIPLE SWELLING LICENSES
OWNER
Margaret Leonhardt
911 - 18th Avenue
Lewiston, Idaho
Dean Maeser
6972 Hickory Drive N, E.
� Fridley, Ninn. 55432
Ralph J. k'hite
58g k9th Ave. N. E.
Alinneapolis� Minn. 551,21
ADDRESS
6011 Main Stree't PJ. E,
Fridley, Minnesota 55421
5770 - 2nd Street N, E
Fridley� Minn. 55421
56[� - l�th 5treet N. E.
Fridley, Minneaota 55k21
UNITS
C�1
0
7
FEE
$10.D0
1t� .00
10.00
I
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ACTIDN TABLED ON THE FOLLOWING NULTI'r'I,E DWELLING iICENSFS AT THE LAST C4UNCTL MEETING:
Paul J. Schwartz C. Co,
4020 Minnetonka Blvd.
Minneapolis� Minnesota
Paul J. Schwartz C. Co.
�020 Minnetonka Hlvd.
Minneapolis, Minnesota
180 Charles Street N.E.
Fridley, Minn. 55421
179 Charles St, N. E.
Fridley, Minn. 55421
12
12
�12.00
12.00
Paul J. Schwartz C. Co,
4020 Minnetonka Blvd. 101 Charles St. N. E. 12 12.00
Mu�uieapolis, Nlinnesota Fridley, Minnesota 55421
Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor
Kirkham declared the motion carried.
AGREEMENT - RE: EASII�fENT - BELGUM:
� The Council looked at a map of this property, Councilman Sheridan asked if
this property were sold to someone else in a few years would the City still
retain the right to the atorm sewer easement or cou?d the new owners re£use
and not move a structure built over it. The City Attorney stated he assvmed
this was a recorded easement on the plat, and their only right to encroach
would be through this agreemennt. He stated he would do two things. 1. Amend
the agreement to make it apply to future purchasers, and 2. Record this
agreement so in future searches it would appear on the abstract.
Motion by Councilman Wrightthat the Council instruct the City Attorney to
properly amend and record the agreement between the Belgums and the City
of Fridley. Seconded by Councilman Harris. Upon a voice vote, there being
na nays, the motion carried.
APPLICATION FOR SIGN PERMIT - FHILLIFS OIL COMPANY:
The City Manager stated that the sign they wish to ��ut up will require a
waiver o£ the new Sign Ordinance. There was a discussion as to what the
new sign will be like. The representative for the Phillig.s Petroleum
Co�parry stated the company would lzlte to take the tilting sign that is
presentlp at Holly Shopping Center down and replace it with a non-tilting�
non-rotating sign in case there was any wind damage during the tornado,
He stated the new sign would be a 12 foot sign on a 34 foot pylon.
� Motion by Councilman Wright to grant a waiver of the Sign �rdinance to
the Phillips Petroleum Company. The motion was seconded by Gouncilman
Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared
the motion carried.
PROPOSED ASSESSMENT ROiIS - ST. 1966—�,
The Finance Director stated he has £igured the assessments for the sidewalks
on Mississippi Street in three different ways just to give the Council an
idea. He stated that £or the purposea o£ holding a hearing it can be figured
in different methods� perhaps 2�3 on the north side and 1/3 on the south side.
The City Manager stated that the assessments are derived entirely at the
Council�s discretion R�aking sure also that the method they choose is legal.
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It was suggested that perhaps the school board could pa,y a share of the sidewalk
as they will warhtsidewalks in other school areas also, and it will mainly be the
people in School District �14 who will bene£it from the sidewalks.
Mr. Brunsell explained that� if they thought they might want to go back a way
from Mississippi Street with the assessments, he would have to know� as notices
have to be sent out t�efore the F�blic Hearing. He could make up anothe:
assessment roll of 2�3 for the north side of Nfissiasippi �treet and 1/3 Yor the
south side if they wished. He reminded them it will take some ti.me as notices
must be sent.
Councilman Y�right asked if it would be possible to split the sidewalks from
the street project and do the sidewlks separately and then disauss the
sidewalks at the public hearing for curbs and guttera. The City Engineer
stated that the City will get free engineering from the County if it is
done at the same time as the curbs and gutters� he �[plained that grading
is a big cost in sidewalks and the County will do thia.
Motion by Councilman Wright to have the Administration set up a special
meeting with the school bosxd to discuss sidewalks. The motion xas seconded
and upon a voice vote there being no nays� Maqor Kirkham declared the motion
carried.
The Finance Director stated that there were no particular problems with the
curb and gutter assessments on Mis�isaippi Street between University and
T.,H. #65. He had included the assessment roll in the agenda for the
Council's information. The Cit,y Manager stated that the F'inance Director
will go ahead with the notiee preparation unless the Council objects.
There was no comment.
NAV3C RF.CRUITER LEASE:
Motion by Councilman Harris to renegotiate the lease arith the Navy at the
specified terms. Seconded by Councilman Wright. Upon a voice vote, there
being no nays� Mayor Kirkham declared the motion carried.
APPOINTMENT:
Motion bp Councilman tiiright to approve the f'ollowing appointment:
IvAME
Leon LeRo;� Madsen
561 Rice Creek Terrace
Fridleq� Minnesota 55432
POSITION
AS9ISTANT
AYPRAISER
REPLACES
Robert
Kirchberg
Seconded by Councilman Harris. Upon�a voice vote, there being no nays,
Mayor Kirkharn declared the motion carried.
REPORT ON FRIDLEY - SPRING I.AKE PARK STORM SEWER hDOKUP:
The City Manager explained that the Council had authorized Comstock and Davis
to work with Spring Lake Park on their storm sewer project. Although part of
this system is designed to be conne�ted to an existing Fridley storm sewer,
Spring I,ake Park was to do the work. Mr. Comatock showed the plans of the drainage
system to the Council. There was a discussion about where the water from
different districts goes.
Councilman Samuelson asked what control will we have over the contractor in
the Fridley area. Mra Comstock answered that provision for control could
be written into the agreement they would make. Councilman Harris stated that
if Spring Lake Fark is just taking o£f the sur£ace water� rerouting it and
bringing it back into Fridley, he doesn�t agree with it. Mr. Comstock
pointed out that Fridley is going to get this water anyway� and it 3s best
to be compensated for it and have a plan the Council approves of. Mr. Comstock
thought there should be a meeting to consider the cost of the existing plans,
and to make sure the agreement will be strong enough to cover any drainage
problems that may come up.
Niayor Itirkham asked Councilman Samuelson if he would sit in on a comm�ttee
with the City Attorneg and Air. Comstock to discuss the agreement, Mr. Samuelson
said he would.
'
I J
�
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ORDINANCE AN�ENDING CHAPTER 33.D1:
Mr. Robert Aldrich� Chie£ of the Fire Prevention Bureau, was present to
e�cplain the reasons £or requesting thia ordinance amendment. He stated
that there is no provision in the ordinance for placing incinsrators closer
than 15 feet to a building, and in the case o£ large buildings it is preferable
to have them build their own enclosed incinerators as part o£ the building.
This will make it possible for the Fire Chief and Fire Prevent3on Chief to
waive the 15 foot requirement.
� Motion by Councilman 4��right to waive the reading of the Ordinance and adopt
the Ordinance upon first reading. Seconded by Councilman Samuelson. Upon
a voice vote� there being no nays, Mayor Kirkham declared the motion carried.
�
The Chief o£ the Fire Department, Mr. Aughes� was present and eacplained to
the Council why he asked that the words '�other insurance Fayments" be
deleted from the ordinance before adoption. He stated that 4lorkman�s
Compensation was so slow in paying claims that the men have carried other
insurance on their own, The Council agreed to the deletion.
Motion by Councilman Harris to waive the reading o£ the Ordinance and adopt
the Qrdinance upon first reading. The motion was seconded, Upon a voice
vote� there being no nays, Mayor Kirkham declared the motion carried,
Motion by Councilman hright to waive the reading of the Resolution and adopt
Resolution #�20-1966, Street Project 1966-5, The motion was secanded and
upon a voice vote� there being no nays� Mayor Kirkham declared the motion
carried.
The City Manager stated that the only change in the resolution, which is
adopted every year, ia the March lst starting date instead o£ the usual
March 15th date� however, the streets won�t be posted until Marvh 15th
unless conditions warrant the early date.
Motion by Councilman Harris to waive the reading of the Resolution and
adopt Resolution #21-1966 imposing load limits on the public streets and
highways. The motion was seconded� and upon a voice vote� there being no
nays, Mayor Kirkham declared the motion carried.
Motion by Councilman Sheridan to waive the reading o£ the 8esolution and
adopt Resolution #22-19b6. Seconded by Councilman Harris, Upon a voice
vote, there being no nays, Mayor Kirkham declared the motion carried.
- A
Motion by Councilivan Wright to waive the reading of the Resolution and adopt
� Resolution #23-1966. Seconded by Councilman Sheridan, Upon a voice vote,
there being no nays, Mayor Kirkham declared the motion carried.
RFSOLUTION #�24-1966 - A RESOL[7TICN DRnRR.ING PA.F.T,TMTNARY PLAN:� ANT; SFF:CTFTCAT
The.City Engineer explained that the plat for this land has not been filed yeta
but the City is ready to build a portion o£ the road and some utilities have
to be in before they can pave it. He wanted to know if it would be a11 right
to go ahead with the construction. The City Manager eacplained that the owner
has only 90 days in which to file the plat� at which time the City will have the
escrow money, or the owner has to come back and start over� so it should be all
right to go ahead.
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2/21/b6
Motion by Councilman Wright to waive reading the Resolution and adopt
Resolution �2k-1966. Seconded by Conncilman Harris, Upon a voice vote,
there being no nays, the motion carried unanimously.
COMPLAINT ON DEVELOPERS IN 75TH AND AHLE AND BAKEA AREA NOT CONPLETING STREETS:
Councilmazz Samuelson said he has been receiving complaints from residents in
the area o£ 75th and Able and Eiaker. He stated he has reviewed this situation
with the City Engineer and has made a visual inspection and has found a very sad:
situation which has been a continuing problem since 1962. He stated that water
covers np 1�2 the street. Re would like Council to direct the City Attorney to �
write these developers and give them a firm date by which this work must be begun
or the Citq will complete the work and assess the developers accordingly.
The City Attorney stated that he will confer with the City Manager to get
the name o£ the developers, property owners and locations and will send them
a letter this week,
RATIFICAT10hT OF t?ESOLUTION #13-1966 AND RESDLUTIOA� �14-1966:
Mayor Kirkham stated that Hesolution #13-�96b and Resolution �].4-1966 should
be ratified tay a unanitnous vote of all five Councilmen,
Motion by Councilman Harris to waive the reading of the Eesolution and ratify
the original action of the Council to adopt Resolution #13-1966 and
Resolution �11�-1966. The motion was secohded, and upon a roll call vote, all
voting sye, the motion carried unanimous�y,
RURAL ANll URBAN DEVELOFNIENT GRANT:
Councilman Sheridan told the Council thst there has been some recent Federal
legislation, a program of sewer and water drainage where the City can obtain
up to s 50% grant if it can prove the area involved can't afford the total
assessment for the develo�ent. He thoughtthe City conld put in a request
for an application and try to get a grant for the area north of Moore Lake �
and east of old Central to the Creek. The City Attorney is to draft a
resolution requesting an application £orm to present to the Council at the
�ext meeting.
CGMMUATICATION FRUM MR. INGVALDSEN - CLAIM AGAINST CITY;
Mr, r�,rigtttstated he would like the records to show acknowledgement of the
receipt of � letter from Mr. Ingvaldsen� 2830 Bri�hton Avenue N.E., Minneapolis
Minnesota� about a claim against the City ior damage to a car when he hit a pipe.
REPORT ON YOUTH COMMITfEE:
Councilman S•7right stated that at the last meeting he had volunteered to set
up a committee to study the yauth center, and he found there was a coazmittee
already. This will be the Sub-Committee on Youth o£ the Mayor�s Co�nittee
o£ Human Relations. The Chairman is Mr. Milbrath, and they will reFort to
the Council on their findings. Gouncilman Wright stated� also� that he would
like to correct the headlines in the Fridley Free Press� as the Police
Department has not cloaed down the yonth center.
TOTAL DEVELOPMEAT ORDINANCE:
Councilman Samuelson brought up the subject of an ordinanee the Council had
mentioned before concerning landscaping, sodding� and in general� a total
developnent of an area. He stated he thought the Council should discuas the '
possibility of having this done in protective covenants, The City Manager
stated that he will have this item put back on the agenda.
PROPOSED MEETING TO DISCUSS 61ST CROSSING:
Councilman Sheridan stated that he would lilce to arrange a meeting with the
people on West Moore Lake Drine £rom Carol Drive to T.H. #65, the businessmen
at 63rd Avenue and Highway �b$, and the owner of the new shopping center to
discuss the blst Avenue crossing and possibly the alignment of the street east
of T. H. �65 which is now designated a State Aid road. Counci]uian Sheridan
stated he would discuss this with the City Manager� and tentatively set up the
date of April llth for a me�ting with these people.
�
�
�
ADJ(3iJR.NMENT :
There being no further business, Councilman Sheridan made a motion to adjourn
the meeting. The motion was seconded and Mayor Kirkham declared the meeting
adjourned at 1:2% A.M.
Respectfully submitted,
`�. � 1 y� , _,
, � Li. ri� �-ui �'�G Zrr ,� v
✓
Mary Lu Strom
9cting Secretary to the Council
,
�, /.
���T ��� ��� ��,��_.
'� Jack 0. Kirkham
(�/ Mayor
THE MINUTFS OF THE REGULAR COUNCIL MEETING OF �YAitQH '�, 1966
A regular Council Meeting of the City of Fridley was called to order by Mayor
Kirkham at 8:03 P.M.
RALL CALL
MEMBERS PRESENT: Rirkham, Wright, Harris� Sheridan� Samuelson
MEMBEHS ABSENT: None
APPROVAL OF MINUTEu, RF�ULAR COUNCIL MEETING, FEBRUARY 21, 1466:
Councilman Wright stated that on page 9, paragraph 4 of the FeUruary 21, 1966
Minutes, under the heading °Insurance Committee: Liquor Legal Liability��,
Mayor Kirkham stated that he had a telegram f'rom the St. Louis Fire and Marine
Insurance Com�ny. Council�an Vdright stated that this was not the case,
however� and he would like the record to show that the telegrams did not come
from the St. Louie Company but from Stewart Smith Agency in Chicago. He
stated that at a subsequent meeting this mi�representation was corrected and
Marsh-McLennon apologized. Councilman Wright stated he would be happy with
uhatever sray the Council wanted to amend this, or show this in the minutes.
Mayor Kirkham suggested that copies of these telegrams could be inserted in
the minutes with an explanation that subsequently it was discovered the
telegrams were not from the St. Louis Marine Insurance Company but from the
Stewart Smith Agency in Chicago� and the correction was noted.
Following are copies of the £aur telegrams:
1. MARSH MCLENNAN MPLS FEBRUARY 21, 1966
TO L(ltitRAINE KNAPP FA.OM R. FRANDSEN
PER MY TWX OF 1-26AAVE YOU AUTHORIZF.A ANY OTHER
QUOTATIONS FOk CITY OF FLftDLEi'. IF 50 1�IH0 ANL' WkY.
MUST HAVE ANSYr`ER TODAY.
ENll OR GA PLS
2. THIS IS MARSH MC LENNAN MPLS GA PLS
S
THIS IS STEWART SMITH CHICAGO
FRANDSEN FROM KNAPP
CITY OF FRIDLEY WE HAVE NOT AUTHORI`LED ANY OTH�.
QUOTATION - PRESUME OTHERS HAVE QUOTED BUT NOT BY
OUH AUTHORITY
2.OQPMCR
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