06/27/1977 CONF MTG - 57014
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FRIDLEY CITY COUNCIL CONFER�NCE ��EETING
June 27, 1977
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�� 1. Discussion Regarding door-to-door handbill complaint
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�� 2. Jiscussion Regarding Intersections of Highway 47 and Mississippi Street
and Osborne Road
3. Discussion Re,arding an Ordinance Establishing a Cade of Ethics for
City Officials
4. Discussion Regarding Policy for Small Tax Forfeit Lots
5. Civ9c Center Remodeling
A. Police De�artment
B. Handicapped
6. Preliminary Budget LiscWSSion--Farks and Recreation, Naturalist, Fina�ce
and City Mana�ement Cepartments
7. Discussion Regarding Teen Center
8. Other
A gentleman called complaining about
the delivery of hand bills door to door.
They blow around the neighborhood and make
a mess. He also felt that these were a dead
give avray that someone was on vacation.
The one he had just
blowing around a�as
called the company,
such few complaints
seen delivered and then
a Wickes ad, and he had
but they said they get
they weren't concerned.
t�e thought other communities had restrictions
concerning this.
I said I would pass
might be a good idea
complaint in writing
his complaint on, but it
for him to put his
and mail it in also.
Ms 4:30 6/14
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MFMO T0: Nasim M. Qureshi, City Manager
MEMO k'F:OM: Richard N. Sobiech, Public Works Director
DATE: June 24, 1977
SUB.TECT: Status of Improvement of TH 47 Intersections with
Mississippi Street and Osborne Road
(St. 1975-4)
Please note attached previous status report. Since the memo, the
Design Study Report has been approved and we are now in the process
of acquiring a1.1 the necessary easements.
The schedule for contract letting is May, 1978.
RNS/jm
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SUBJECT:
i:<�:.im Pi. Qure�hi, Ci.ty I•I��n-�t �r
Kichard N. Sobiech, Public t•�or1,� Ui_r. ector
February I1, 1977
Status of Improvement of TH 47 Intersections
irlith P4ississippi Street and Osborne Road
(St. 1975--4)
Contact with the Minnesota Department of Transportation (i�IDOT)
in Golden Valle� indicates that the ProjPCt Development Report
has been approved in December, 1976 and they �:re now awaiting
approval of the Design Study Report for -the r.eferenced projec�.
It is expeeted t}-iat this appz�oval will be obtained in March.
Upon approval of the Design Study Report (which is a require-
;;."i"� �f i�uc2�di iiliiUir►� �i�i�ei�ic3J, i�iIJUI' wiil �Uii�dC�� ttte Lity'
�f Fri�iey »eoarding right of way acquisztion. It should be
noted that due to Federal legislation pertaining ta ri�;ht of
way acquis:1ion, we cannot begin procedures for right of way
acquisitic-�: for the project until approval is obtained on the
Design Stu-:�y Report.
It is anticipated it will take app�oyir.!ately 1-2 months to ob-
tain the necessary easements for the project which inctudes
rig�.t of way acquisition at Mississippi Street and Osborne
Rca3.
1�_s 2 month period for rig��t ol c•.�y acquisition does not in-
c-_�� any potential problems whic'� might occur, should con-
c�--_ation be required. ProbleTs rzlati_ng to condemnation may
ex�end the right of way acquisi��.on procedure a� additional
1-2 nonths. In all cases it is a requirement that ure follow
the right of c��ay acquisition and relocaiion procedures of the
Federal government. If not, it �s possible that the Federal
funding for the project could be withdrawn.
Upon completion of the right of way acquisition it is a require-
ment of the i�1DOT procedures in Federal funding projects to pro-
vide a 4 month period before letting of contracts for actual
construction; therefore, it agp�ars tnat the _letting of the
contract could -take place in 1977, but due to the seasonal
time peried when the contract wo;:ld be awarded, it appears
actual construction would not ta}:e place until 1978.
���e cai.11 contintie to ensure that the Ci�ty oi Fridley :'��es not
del�y the project. At t�iis tir,l�. tile only requi.rc�ra���:: far the
G'1�� [JOl11.C� �)L' t0 O��c7:i[l "tilE'. I1LC�'.S.:3i'�% t^_cl��f'TII�'.I1L:; �:�i C1iilC'.��.j1 iic
��OSS:L�)�.E'. . �l€;il t G f FIc1�' �.CCill l;;l i_: ��ii �!�' C).lI' :i i:i:l. i �•: L �.� 7)�� Cl�)IlE'_
e;:��ed�i�tiously �.itiii.n �t�he �;iiicl�l-in:�s o:E thcr }'ecl����:�1 reclliir�rne.lts.
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C:G. �j'OIII COZbC'I't
: �
I)P.l1i�'T }�OI2 DISCUSSIOI� PUtu'OSLS ONLY
ORDINAIVCE ti0.
AN ORDINANCE ESTABLISHING A CODE OF ETHICS FOR CITY OFPICIALS
THE CITY COUNCIL OF THE CITY OF FRIULEY DOES ORDAIN:
SECTION 30.01 Policy
Subdivision l. General Declaration of Policv. It is necessary
that allipersons acting in the publ_ic service not onLy maintain
high standards of ethical conduct in their transaction of public
business but that such standards be cleariy de£ined and known to
the public, as well as to the persons acting in public service.
In recognition of this goal, there is hereby established a code
of ethics for public officials, elected and appointed, and for top
level city employees. The purpose of this code is to establish
ethical standards of conduct for such officials and city employees
by setting forth those acts or actions that are incompatible with
the best interests of the city and by directing disclosure by such
persons of private, financial, or other interests in matters affect-
ing the city.
Subdivision 2. Definition of Top Level City Emplovees. As used in
this chapter, the term top level city employee shall include the
city manager, the city attor.ney, department heads, and any other
city employees designated tiy the city manager.
SECTION 30.10 Scope of Persons Covered
The provisions of the code of ethics shall be applicable to all members of
the city counczl and all advisory commissions and committee members and all
top level city employees. Members of city project committees, who are not
members of commissions, are excluded from the provisions of this chapter.
SECTION 30.20 Fair and Equal Treatment
Subdivision l. Subject to the provisions of subdivision 3 below,
no council member, commission member, or committee member, while
acting as such, shall participate in the discussion of, or vote on,
any issue in which he or she has any direct financial interest.
Subject to the provisions of subdivision 3 below, no top level city
employee, while acting as such, shall recommend, advise, or in any
manner influence the vote of the city council, any commission, or
any committee on any issue in �ahich he or she has any direct finan-
ci�l interest. "Direct financial interest" is hereby deemed to
mean such an interest as would involve a reasonable likelihood of
gain having a monetar_y value of substance. "Direct financial interest"
shall be deemed for purposes liereol to include properties owned by
ttle person makinn the disclosure and properties owned by said person's
spouse, chil.ciren, mother, or father. I'or purposes of this ordinance,
owner5tiip of mui-e than 5�� of: Th� outstanding stock in a corporztion,
�.it1 interest in a p:irtnersltip, pro��rirtorship or other business entity,
or an inte.rest in real property sha11 be deemed a"financial interest".
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Yage 2
Subdivision_2. Subject to tfiie provisions of subcliv:ision 3 below, if
a council member, commissian member, committee member, or top level
city employee has a financial interest in a business, investment,
or transaction which has a matter pending before the council, commis-
sion, or committee of which he or she is a member, he or she shall
not participate in the discussion as such public official or city
employee. In the case of council members, commission members, or
committee members, such person or persons shall not vote on the
matter.
Subdivision 3. No person covered by this code of ethics shall take
any offiJcial action with respect to a matter in which he or she has
a direct financial interest or personal interest which arises from
blood or marriage relationships, provided that participation in the
decision-making process on his or her behalf as a private citizen
shall not be proscribed by this code of ethics, and provided further
that he or she may participate in matters leading up to or preliminary
to official action to the extent that he or she disclosed any such
direct financial or personal interest as he or she may have in the
same and to the extent that he or she has no discretion to make a
final controlling judgment or vote on the same. Disclosure of any
such financial or personal interest shall be made to the council,
commission, board, or committee of which the person is a member or,
in the case of a top level city employee, to the city manager, when
the item appears on the agenda. Such disclosure shall be recorded
in the minutes and shall become a matter of public record.
Subdivision 4. No person covered by this code of ethics shall, with-
out proper legal authorization, disclose confidential information
concerning the property, government, or affairs of the city, nor
sha11 he or she use such information to advance the financial or
other private interests of any person.
Subdivision 5. No person covered by this code of ethics shall
directly or indirectly solicit any gift or accept or receive any
gift of substance,whether in the form of money, services, loan,
travel, entertainment, hospitality, promise or any other form,
under circumstances in �ahich it could be reasonably inferred that
the gift was intended to influence him or her or could reasonably
be expected to influence him or her in the performance of his or
her official duties or was intended as a reward for any official
action on his or her part.
Subdivision 6. Except as specifically authorized by Section 471.88
of the Plinnesota Statutes, no person covered by this code of ethics
who is authorized to take part in any manner in making any sale,
lease, or contract in his or her official capacity shall have a
direct financial interest in ttiat sale, lease, or contract or
personally benefit financiall.y therefrom.
SECTION 30.30 Public Dis�losure by Citv Counc.il
Subdivi�ion 1. Within 3Q days after the effective date of this code
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of ethics, each m�.mber of the city council shall file, as a public
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r+_�ec�r<i in Chr ��ffi_ce c�f the city c�lc�rk, a siF;ned �.C.�tc•ment disclos:i.ng
tt�ie i ol lc�wi n�;:
(1) r1 l i<st of t}�c� na*nes o( rill businc�;s cc>rp<�r;�tions, hover.n-
menr:il r��;<�nci��s, comp<inies, firmti or partnersh�ps, or other
busin��ss c:�nLerprises c3oin�; }�usiness c•�ith tlie City of I'ridley
c�r r.it so�ne 1ocaCit>il within ttie Ci_ty ��f i_'ridlc:y: �
(<i) witFi whi_ch hc or she is connectecl as an emPl.oyee,
oi�ficer, owner, director, trustee, p�ar.tner, aclvi_sor, or
cc>nsultant; ar
(b) i_n which he or shc: }��as any c�ntsnui_ng financial �
in�erest as a result oi any current or prior. empl.oyment
or I�usioess or proressionr3l assor_-i_at�ion; or
(c) in ��hich he or she has any financial interest, as
cierined in Section 30.20;
(2) A list covering the prior three years or his ar her interests
in non-homestead real property or rights in the same located within
the City �f Fridley;
(3) A:1ist of the names and nature of business of all cor.porations,
partnerships, companies, firms, or other business enterprises with
which he or she has a continuing financial interest located within
the City of Fridley, and in which one or more other persons covered
by this code of ethics also have a continuing financial interest.
TYiis list shall indicate the name or names of such other person or
persons.
Subdivision ?. Each person who files as a candidate to become a member
of the city council, or. is filed as a candidate for city council on
the effective date of this'code of ethics, at the time of filing as
a candidate ar within 30 davs of the effective date of this code of
ethics, stlall also file the disclosure statement required by this
Section 30.3U.
Subdivision 3. [Jithin 30 days after each anniversary date of an
initial filing, each person required to make such a filing under this
Section 30.30 shall file a new disclosure statement setting forth the
information required hereby as of the time of the new statement.
Stibdivision 4. rtaterial changes in financial interest or in positions
tlel.d shall be disclosed by filin� an amended disclosure statement
wittiin 30 days after such interest is obtained or �uch changed position
occurs.
SECTI.ON 30.31 Public Disclosifre by Ci�mmission and Committee �fembers
Suhdivision l. �dithin 30 d�vs after the effective date of this code
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of t�thics, eacli mcmhrr of an_y cc�mmi�sion or cc�mmitt�e sh�iil fi1e, as
a puhlir recorci in tli�� ��fEice of thc� citv ��.i��rk, a si�ned statement
c3�isrlosiit�; L-li� foll����in��:
(].) A list of t}ie n�imes of ,11_1 business c�rE�c�ratic�ns, g�vern-
mc�nt�l l.��;��nc• i���, r��mp.iti i cs . f� i rm�; or pa rtn��t'�h i.p:� �luiilg btisin.���
within tl�e Citv of 1'ridlev:
(a) c.�ilh ti�liirh hi� or she is c•i�nn��•.Led ��s �iii �mployee,
Oj� l(`l'I'� l7�iI1tY� il1Cl`C�<�i"� tlllS�i`l ��)�11"�IlEI'� �3(�V1tiOT� OT'
Cl)ittiUIC:111�� (�Y
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(b) in which he or she has any continuing financial
interest as a result of any curreiit employmenC or
business or professional association;
(2) A list of his or her current interests in non-homestead
real property or ri�;hts in the same located within the City of
Fridley.
Subdivision 2. Each person who is appointed or reappointed to a commis-
sion or committee, within 30 days of such apnointment, shall file the
disclosure statement required by this Section 30.31.
Subdivision 3. :�iaterial changes in financial interest or in positions
held shall be disclosed by filing an amended disclosure statement
within 30 days after such interest is obtained or such changed position
occurs.
SECTION 30.32 Public Disclosure by Top Level City Employees, Except the
City Attorney
Subdivision l. Within 30 days after the effective date of this code
of ethics, and annually thereafter, the city manager, department heads,
and other employees designated by the manager, except the city attorney,
shall file in the office of the city clerk a signed statement disclosing
the following information:
(1) A list of the names of all business corporations, governmental
agencies, companies, firms or partnerships, or other business
enterprises doing business with the City of Fridley or located
within the City of Fridley:
(a) �vith which he or she is connected as an employee,
officer, owner, director, trustee, partner, advisor,
or consultant; or
(b) in which he or she has any continuing financial
interest as a result of any current employment or
business or professional association;
(2) A list of his or her current interests in non-homestead
real property or rights in the same located within the City of
Fridley;
(3) A iist of the names and nature of business of all corpora-
tions, partnerships, companies, firms, or other business enter-
prises with which he or she is connected or has a continuing
financial interest, located in the City of Fridley, and in
which one or more other persons covered by this code of ethics
are also connected or also have a continuing financial interest.
This list shall indicate the name or names of such other person
or persons.
Stibdivision 2. Fach ne�oly-hired manager or department head, escept
the citv attorn�y, sliall wittiin 30 days of the hirin� date, and
annually thereafter, file the disclosure statement required by this
Sectiot� 30.32.
Si�hdivisi�n 3. Mate.rial chanfies in financial interest or in positions
ltc.ici :;lial.l be discl_c�se�i bv iiling an amended disclo5ure statement
within 30 d.iys after such interest is obtained or such changed
pos.iCi.un occur.s.
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Pa�;e S
SI:C'1'�IU� 3O.33 I'tiblic lli5cic�sur� l�v City flttorney
Sithcliv��>i�m 1. Within 30 days aftier thc� effc:ctive date of this code
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of �tiiir>, ancl annually �liere�ifCE�r, the. city aCtorney stiai_1 file in
the ofEic�� ol� tPie ci_t_y ��Lerk. a signed sCatement disciosin� tt�e follow-
in�; in 2-ormat i on :
(]_} A 1 i5t of thc n�irt�es of all busine5s corporati_ons, �;overti-
rrienCrrl_ a�;e;nc.ies, co;npanies, tirms or partner.ships, or c�lher
busint�5s enterprisc�s doiil�; bti5iness with the City of F?ridley,
or located wi thin tP�e City ol- Fr-i.dley, i.n which he or she has
an�� contin«in;5 f:inanci<il interest, except that clients of the
cit�� attc>rney'S pr�ivatE> law practice shal_] be excluded from
the IiSt, provicl�d that no ot�ier business relationship except
t}�at ot_ attorney/cl.ient exists;
(2) A list of his or her current interests i.n non-hon�estead
real property or riohts in the same located within the City
of rridl�y.
Subdivision 2. The city attorney, or members of his or her law firm,
shall not apoear before the city,council, commission, or committee
for the purpose of representing any client, except the City of
Fridle}� or employees of the City of Fridley, when such latter repre-
sentation is in connection with their official duties as city
employees.
Subdivision 3. Any person who is appointed or hired as city attorney
shall, withiri 30 days of s�id appointment, and annualiy thereafter,
file the disc_losure statement required by this Section 30.33.
Subdivision 4. �Iaterial chan�es in financial interest or in property
holdings shall be disclosed by filing an amended disclosure statement
within 30 days after such change occurs.
SECTION 30.40 Exctusions
This code of ethics shall not be construed to require the fil_ing of any
inforn�ation r.elatinb to any person's connection with, or interest in, any
professional society or any charitable, religious, social, traternal,
educational, recreational, public service, civic or political organiza-
tion, or any si.milar organization not conducted as a b�isiness enterprise,
nor shall. discl.osi�re be required hereby where prohibiteci by professional
or business associ.ation ethics promulgated by any slate agency.
SFCTIE)� 30.50 ^lethod of Filin
Ttte citv m�an�rc>r �i�all inform c:�ch pc r.snt7 requir�d by ll�is c��dt: of ethic�s
to f.41e a di�cic�sure stat.iu��nt �,f the time �ind placc� 1��r filinh. 7'l�e ci.ty
cterl: sh��ll pr��pare the ni�ressar�� f�rms f��r the disr.le�sure statements.
'1'h�� r�it�• m.�u,��;�rr �h.rll ,n:ii:�� a��:ii]_;iLl�� tn [lir c�it�� �•oiuicil, c�r iiidi.vi�lu.�l
ci�uncil. memb��rs, cc�pii�s of all disclosur.e stcitemenYs t il�.�i witiiin 14 dav;;
af.tc�r s;iid liliu;;. Thc c'itr r.t�in:����r �h:�]1 iiotif�v tl�e i�it�� cu�utcil tah�ilrver
;t ��c�rsc�t� ���lic, is ri�c���ired by Ct�i� chc�pt.�.r �o file a disc�Lc,sure fails to do
�;��.
Page 6
SECTIO� 30.f�0 Vi��l.�tionti
Any viol<�tion of t�}�i�� pr��vi5ions oi thi.s ct�apCer is a misdemeanor and is
s�.tbjc�c�� Lo ��1] ��t•nr�l�i��:; provirled for siich violation5 undcr thc� provisions
oi� Cha�ter 9OL ��f- tiiEr ��r��ic+.l��y (:irv C<,<Ic:�.
Yr1SSI:D A`�D AUOI''CI:1� i;i' "tiif�: C71'`� COL"\CIL UF THI? CI_"1'Y Ol� 1�1ZIDI,LY THIS
DAY 01? , 1_ 9 7 7.
ATTEST:
CITY CLERK — i1ARVIN C. i�RC�ScLL
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�iAYOR — WILLIA:�t J . �FE
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Allan B. Stahlberg
305 - 89 Avenue N.E.
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Blaine, MN 55434
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ME"10 RA.N DUM
T0: Nasim Oureshi, City �lanager
, ,
FFZ0�1: Virgi.l C. Herrick, City Attorney �,
RE: Purchase of Tax Forfeited Property by the City and Sale
of the Property to Private Persons
DATE: June 21, 1977
Enclosed please find a memorandum from my law clerk to
myself regarding the question of whether the city may purchase
tax forfeited property and sell the property to private persons.
Based on this memorandum and a discussion I have had with the
county attorney's office, I am of the opinion that the city may
purchase said property from the county and sell it to private
individuals.
VCH:JLH
Enclosure
�
1�if��'IOiL�:�iUiJM
T0: Virgil C. FIerrick and Doublas E. Klint
FROi�I: David Newrnan
DATE : Jt.me 17 , 19 7 7
ISSUE: I�Say a city purchase tax-forfeited property and then privately
sell that property to an adj oining land otitiner iti�en both pieces
of property are substandard?
The answer is a fact determinati�n of what constitutes a public pur-
pose. There are two methods by �ahich the city may purchase tax-forfeiture
property. The first is by p�chasing the property at its appraised
value. This is provided for in i�� �2�2.01 subd. 1 which states in part:
"Any tax-forfeited lands may be sold by the coimty board to any
organized or incorporated goven�mental subdivision of the state
for any public purpose for i��ich such subdivision is authorized
to acquire property or may be released from the trust in favor
of the taxing districts upon application of any state agency
for any autlioriz,ed use at not less than their value as deter-
mined by the county board."'
Under the second method, the conunissioner of revenue can si�ly convey the
property to the city if it is to be put to a public use. This, of course,
won't apply since the property will be put to a private use.
If the first method is utilized to purchase the property, the city
should adopt a resolution describing the land as forfeited to the state,
stating the authorized public purposes for which it is desired by the
city, reauesting that it be conveyed to the city on payment of the
appraised value, and should authorize the proper city officers to make
payment of the required amoLmt to t}ie county treas�.mer on approva.l of
the conveyance by the coLmty bcard. A certified copy of tlie resolution
should be submitted to the county board, and after approval by the board,
the cotuity auditor should certify the sale to the Cor�mussioner of
Ta:cation tiaho issues the deed. Op. Atty. Gen. 410-B, �-15-41.
M.S.A. �412.211 provides:
"Every city ... may acquire ... such real and personal pro-
perty as the purposes of tiie city may require, by purchase,
�ift, devise, condenuiation, lease, or othenvise dispose of
suc:li property as its interests rec�uire."
Tn acidition, �SS.A �471.345 ree�uires the city to p�.mchase and sell certain
property by different ty�es of public sales. However, this section ma�:es
no reference to real estate. Consec�uently, r1SA s412.211 permits tlle
city to sell real estate, and by ne�ative in��lication, D'ISA §471.3�35
pernuts tlie city to do so by a pri��ate sale.
-2-
T7�erc i: no question, t}�en, that the city has the aut.hority to
p�c}iasc tax-forfeited property and t�ien to reconvey it at a private
sale. T!ic problem is that the Constitution states that public fwlcis
derived from taxation m<ay be spent only for a public p�ose. I�4.S.A.
Const. article �, �33; article 9, �§ 1, 10. 'I11ere is great difficulty
in deternuning exactly k�hat constitutes a pub].ic purpose.
�.s t}le law kas interpreted twenty years a�o, there is n� c{uestion
that the proposed use would not constitute a public purpose. In
Op. Atty. Gen. 469-:'�-12, Oct. �, 195�, the Villaoe of Sprin� Grove
wanted to purcliase sor;� property i4rhich contained delapitated buildings,
tear them doti,-n, and then sell the property to a private party ��ho would
build a neti�� striact�e on it and lease the facility to the U.S. Posta.l
Serviee. The opinion held that this did not constitute a village
p�ose since the property was being conveyed to a private party.
Ci�t �o�f Pipestone v. �ladsen, 287._ 1�L�1 357, 17�NtiV2d 594 (1970) , i� a
more liberaliz�ng opinion but also adds confusion. In this case, the
City proposed to sell revenue bonds to finance the p�chase of land
located near the City and to erect a meat packing plant on it. The
City would then lease the land ar�d building to a private corporation.
This pxoposed action by the City ��•as p�suant to the :�1Lmicipal Industrial
Development Act, I�1SA �474--. The stated public purpose for this project
was in order to prevent the emergence of blighted and margi.na.l lands
and areas of chronic Lmemploy_nent. The court determined the project to
be constitutional.
This case does provide some valuable guides. First, the co�t
imposed a balancing test between public and private purposes. If an
action would do both, then the court will look to the primary objective.
Consequently, if the primary objective of an e�cpenditure is to serve
a private purpose, then it is i.mconstitutional even if a public purpose
is also provided. In defining a"public pt,�-pose" the co�t said it
means (17�;v1ti'2d 599) :
"such an activity as will serve as a benefit to the corrmnmity as
a body and w�ich, at the sar� time, is directly r�lated to the
ftmctions af government."
In an attempt to clarify this definition, the court quoted with approval
from 37 Am. Jur. ,�1t,micipal Corparations, �120 (17�NiV2d 600) :
"* ** A public use changes with changing conditions of society,
neia appliances in the sciences, and other changes brought about
by an increase in population and by new modes of transportation
and corrmnmication. *** Generally, a public pur�ose has for
its objective t.�ie promotion of the public health, safety, morals,
general welfare, security, prosperity, and contentment of all
the ir�iabitants or residents tilithin t]ie rmmicipal coi-poration,
tlie sovereign po�,ei�s of ��hich ai-e used to prorrnte suc}i public
purpose. 1'lie pllrc�se 'rnuiicipal purpose' used in tlie broaaer
sense is gen��z-:ill�- acc���t.c:� as mezning public or ;overiu,�Iltal
purpose as aistin�uishe;l from private. "I7ie modern trend of
decision is to �a���nci artd liber�lly construe tlie term 'public
use' in consicier:ui� stzte and mwiicipal activities sou,ht to
be bxouglit 1.itliin its meanin�. Ttie test of public use is not
- 3-
based u�,on t.he ftmction or capacity in which or by w}iich tlie use
is furni��'led. '17ie rig}it of the pt�}�lic to rcceive and enjoy the
benefi_t of thc use determines whether the use is public or private."
Even �re on �oint, the co�t stated (17�ti�"2d 601) :
"Our cow-t has recognized that the reduction of burdens otherwise
borne; by property taxpayers is a public pur�ose. See, Penn-O-
Tex C)il Co. v. Cit of `Li_nnea olis, 207 i�LV 307, 291`���131.�Ir e
re uctiori o1 a muiicipal tax ur en was offered as a justification
�or rlu�icipal action in :'�uerson tiT. City of ?��ontevideo, 137 ?��n
179, 162 �l�` 1073.,'
Finally, it should be noted that t�le court will only in the
e�ctremist of circ�stances, overturn the decision of a mLmicipal
legislative �ody.
"� �*[A)n act [af the legislat�e] �` �* will not be declared
uncflnstitutional Lmless its invalidity appears clearly or Lmless
it is shoti,m beyond a reasonable doubt that it violates some
constitutional provision. The power of the co�mt to declare
a law Lmconstitutional is ta be exercised only when absolutely
necessary in the particular case and then with great caution."
blinneapolis Gas Co. , v. Zirr�nerman, 253 I�1 164, 173, 91 N�aZd 642,
In conclusion, the e�endit�me of tax monies must be for a public pur-
pose. What constitutes a public pur�ose is given a broad definition.
In addition, t?ze courts t+�ill preswne that legislative action is constitu-
tional wlless it can be shown otherwise.
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PROI'OSED HANDICAYPED RAMP
CITY OF FRIDLEY
1) 46.45 sq. yds. of 4" concrete
with 11 gau�e wire mesh @$17/sq. yd.
and
R�moval of 6" concrete (1 sq. ft.) $1,530
2) Miscellaneous Costs (Engineering
and Park Department) 200
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TOTAL . . . . . . . . $1,730
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