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08/11/1969 - 5490COUNCIL SECRETARYx JUEL MER�R COUNCIL MEETING AGENDA 7:30 P.M.- AUGUST 11, 1969 � ' PUBLIC HEARING AND WORKSHOP COUNCIL MEETING AGENDA - AUGUST 11, 1969 - 7:30 P.M. IPLEDGE OF ALLEGIANCE• , ROLL CALL: , ADOPTION OF AGENDA: ' PUBLIC HEARINGS: , 7_30 1. Consideration of a Requeat (ZOA �69-08A) to Rezoae From R-1 to R-3A, generally located south of 69th Avenue and 1,000 feet west of the City Limits. (Requeated by , Kaye W. Weaterlund) , , S_00 2. Coasideration of a Rezoning Requeat (ZOA #69-07) of Area Bounded on the North by 61s[ Avenue, on the South by 57th ' Avenue Ly1ng Eetween Main Street and Univeraity Avenue ' ' 8_00 3. Conaideration of Street Improvement Project ST. 1970-4 � ' 9_,_00 4. Conaideratioa of Street Improvement Project ST, 1970-1, ' Addendum #1 , , 9_00 5. Coneideration of Street Improvement Project ST. 1970-2 ' 0 Pagee_ 1 -. 4 Page 5 Pages 6 & 7 Pages B 6 9 Pages 10 - 12 , COUNCIL AGENDA, AUGUST I1, 1969 ' , PUBLIC HEARINGS (Coatinued) ' 9;30 6. Consideration of a Rezoning Request (ZOA #69-09} to Rezone from R-2 to R-3A, Generally Located South of Highway �694 Between Sth Street and 6th Street. (Requested by Sacred Heart Parish) ' ' 10;00 7. Conalderation of a Vacation (SAV �k69-03) of an Alley and ' Two Streets in Block 6, Berlin Addition. (Requeated by Great Northern Railway Company) ' ' OLD BUSINESS: ' 8, police Penaion Committee Appointmenta ' , 4. Consideration of Proposal and Agreement - Financial Conaulting Service (Ehlera and Associatea) � '' 10. Discusaion Regarding Dike Easementa � , NLRi BUSINESS: ' 11. Appointment; Accounting Clerk ' , PAGE 2 Pages 13 - 16 Pagea 17 - 20 Page 21 Pagea 22 - 29 Page 30 , ' ' ' ' ' ' � , � , � , , ' , , ' , ' COUNCIL AGENDA, AUGUST 11, 1469 NEW BUSINESS ( Continued) 12. Filings for Primary Election 13. Requeat by Park Construction Company for Release of Award of Contract for ST. 1969-3, Schedule A. f 14. Reaolution to Advertise for Bida for Tree Beautification Program. 15. Reaolution Transferring Certain1Costs and Expensee from the 1968 Street Conetructioa to Storm Sewer Project #89 16. Conaideration of the City of Fridley Budget for the Year 1970 17, Coneideration of Firat Reading of Liquor Ordinance Comment• Plesae bring your copiea with you) 1$. COlff�l[JNICATIONS; A. Ehlera & Aesocs Copy of letter thanking Moody's Investora Service for their tiue and intereat PAGE 3 Page 31 Pages 32 - 34 Pagea 35 6 36 Pagea 37 & 38 Page 39 , , , ' , ' ' ' ' � , , , ' , ' ' 1 ' COUNCIL AGENDA, AUGUST 11, 1969 18. COMMUNICATIONS (Continued) rAC� 4 B. Miller & Schroeder; Requesting City to communicate Pagea 40 & 41 with Congresaman MacGregor C. Ca�gressman Clark MacGregor; Received Reaolution re: Bond Page 42 Exemption from Taxation D. Senator Walter Mondale: ADJOURN; Received Resoltuion re: Bond Page 43 Exemption from"Taxation � � L' ' , , � ' ' , , ' C' � � ' LJ ' OP'FICIAL NOTICE CITY OF FRIDLEY PITBLIC HEARING BEFORE TNE CITY COUNCIL TO WHOM IT MAY CONCERN: Notice is i�reby given that there will be a Public Hearing af the City Council o# the City of Fridley in the CiCy Hall at 6431 University Avenue Northeast on August 11, 1969 in the Council Chamber at 7:30 P.M. for the purpose of: Conaideration of a request by Kaye W. Westerlund, (ZOA #69-08A) to rezoae from R-1 (aingle family dwellings) to R-3A (general multiple family dwellinga) the North 824.7 feet of the West Quarter (kr3y} of the Northeaet quarter (NF.�) of the Northaast Quarter (NE�y) of Section 13, T-30, R-24, City of Fridley, County of Anoks, Minnesota. Generally located South of 69th Avarue and 1,000 faet Weet of the City Limits. Anyone �eairing to be heard with reference to the abwe matter will be heard at thie meeting. Publiah: July 23, 1969 July 30, 1969 JACK 0. KIRIQIAM MAYOR 1 ' ZOA #69-08�A Kaye W. Weaterlund ' About I500 Block on 69th Av .. :T...-�r--�r-"��.r.r_ .......� . - —£OU ---ROAfl- "H'—� _ i ✓ e . �:a �i,.d =a.�: xx � � «� � �i� ; 2 j ' . L�, ajy . 18 19 20"` ��R1 ��, �, �. i; 't� ,� � . + s�r � :,. ; � �^�� i ; �\ I � ��` � .... � ' ; ' ' o-+� I � wI.�inw�.i �Fti..� i R � Ji/.�IMN'N./N!r � � -.'�rA[X�6rahhw+f.iw�� . � . __ea -S ; fM �I 1 � n �C --"-- ,' ---- —? p. 3 ,� ... �a � ✓✓.i. ✓ � nc coA.. k�� src. i � �� i�"'c� , > x Cri h'w . � CN� � - // ��,�N � I 0! �oGti' y ^ M" _ _ ~��/ ~ . _ f e..rc.r � (' yp �_ / J 1 � • I ,I , � �O� y��,R�� — .... � , ..... -� ,. � iy ,2 i f a. + w � ru w� � . � /tni�� .e<k,S"/ �Io # �-QQ..� •�. aY J '. ^i' ry � r3 ` / r2 3 �. �' _" _ r y 3 �A I IV V M; w 4. ' � � I If � f qn � • i ��l - • `� , , � ' s z� f f : 65 1/2 AVE. H.E. °. � __ _ �'°"' �� . 4 er 6 f s. , I s� _ - � M'' o� i s� � •�.;� 14 I. .��. �_ c, -s- s � s - f �. � ,., e s � • m - � J Q � i ' � o r �o r � , �pv �� . �. ,s , 2= , , ,o � , ,:...e" I S° � si ,+o si is ia 4!9 W 3q �3 1 I t z. u � z. ii a II n z „ �s ,i ,o° Z;¢o I AVE. N.f. a3� �,k� E��C I '" f 'v �` ls p,e y, C� y4' ° - �' .. � .; � GR R i i.3 , .s ,s e .� „? y 43' �. f�� 0�1 ��t'4+� a� fi1 �Qi�E�,J'r �. � G • 66 T�I y AVE. � N. E!! _ '� �� ri� % i ��: •., i�g . EL 1.{�� W �-�f s / II S�'~/ Y- i G M o ar Jp! � v 2 �. 2. zf 2 `a, s'- ` � Q' _' i a , �i ��` Z� `1� � � fi � � 28 3 _ _ �3 � � � ! 2 ,l. { 2 � •/��{' •• � nQ —� . '� �5. .ri I `► F' 27 4 . N v 4 S ,t�y` e. _�O- ..a . .. � ��`' , , � zs s �. s s ' . ; ��..+... W�.i � I�� I I � a� s :, c r, �.}v� j. 3�: 3W-c, a ^ � I :s 7 Y zs �- j o s^' 2 y�_. Q � _ � z� e p :� e c, _• x 1„f�'�; –1`� c. � � H.. :-, zs y��2 lz f K� :S� �(� F Q . N�0 � 21 /O a SI N � ia ��_ 'V WS-_ (nad Q �.i �� I 20 // Ia � Z ' ��•••• , // /i �. M�� "' O�d'. �v 13 W" ,«"Q;rr ..� a,�.d � c..;�". .. 6 , y+ ��3�.., �� /1 /9 /2 /t -xd�-'�t'*. ='•in.w � Mwu' � 2 a4° / . � �3 `3,� 15 1 /B /J / /1 B�'...,.. ��': •n '�' i c' a � �� i'g . /7 f . Y '-^I"'- - /� y ' 8 7 •. � y �. ..�.. .,, . '' : • . /f J � s. i �s �J , � r. : � - � ' „ N 1 , i J�n �_,,..w . � .. i., __:. �.... .,..._..,. � � .� ..... ^ ., �� + _ �� . .. —_` . ._ ..,..... . 1� a� . . ' ' . . - . _, ' ' ' ' , ' ' ' , ' ' , , � , , , ' Plannisut Commisaion MeetinA - July 9 1969 Patte 6 7. C7 3. 29DTION by Jeneen, seconded by Myhra, that the Planning Co�ieslon secomnend appraval of the lot split requeat, L.S. #69-18, L. George Wells, :ot the East 12 Eeet of the North 100 feet of Lot 8C, Second Revision Auditor'• Subdiviaion $21. Upon a voice vote, aYl voting aye, the motion canied unanimously. P acree of except South 4 acres, Mr, and Mr�. Gallagher were preeent. H. 1be Co�iasion dlecuased the curve in Seventh Street. The curva is South of the Gallagher property and the extra width was taken off the Siadel property. In checking the width of the boulevard, it was felt there would be enough land for aidewalks if they shonld ever be required. MDTION by Myhra, seconded by Fitzpatrick, that the Planning Commis�ton �et the public hearing date of July 23, 1969 for the propo�ed preliminary plat, P.S. #69-10, Gallagher Addition by William H. Gallagher, of the Weet five acras of the NW� of the SE�, except South four acrea, Christie Addition. Dpon a voice vete, ill voting ;ye, the motion earsied unani�ously. Y!!CA PROPOSED SUBURBAN FACSLITY ON WSST MDORE LAI� DRZVE: Letter dated Juna 19, 1969 from Leagun of Women Voters in Fridley oppo�ing proposal. Chairman Eriokson said that eince the Pluming Commi�aion has not been a�kad to give an opinion, the letter ehould be received. MOTION by Myhra, seconded by Jensen, that che Planning Co�oission receive th� letter dated June 19, 2969 from the League af Wo�en Votera in Fridley oppoting the YMCA propoaed Suburban Facility on West Hoore Lake Drive. Upon a voicn vote, all voting aye, the motion carried unanimoualy. �ONTINUED FAOM PAGE 5. REZONING REQUEST: ZOA 9F69-08A, RAYE WESTEkLUND: ?DTION by Myhre, �econded by Fitzpatrick, Co remove from the ta61e the resoning request, ZOA �69-08A by Kaye Weaterlund. UQon a voice vote, all voting aqe, thn motion carried unanimously. Ifr. Myhra �aid, in talking abouc the number of apartment• for the past �!z eonths or mora since he has been on the Planning Comnission, it seemed W him that to suddenly decide, because the Planning Co�ission has become concernad with the problem of the number of raquesta for apartments, to �tsrt talking about etopping action on requests, was not good thinking. I! ths Cooission can foresee a need for apartments in [he area by Onan'�, �ueh a� this ona, they should look at it on its am mertts. At the Planning Comnieeion meeting of May 22, 1969, the Comi��ton falt a taport tnch a� that of the Roaeville Administr�tive Staff vould be of b�ne�lt to Fridley. This was A Seudy to Examine the Tax Abvantaga or Ms-. n sdvaatage of the Apartments in Roeeville and Their Affect On The Local lchools". The Engineering Asaistant said thia information could ba co�piled !o! ltidlq without too much trouhle if Council wm►ld ao direct. 0 t ' PlanainR Co�iaelon Meeting - Julv 9 1969 Page J ' ' ' , 1 ' 1 ' ' � ' ' � ♦. ' , , ' The Commission felt a etudy would be uteful in anevering question� from the public and helping them to otks dacielone. It wae felt a study wuld be completed within 30 daye. The haading� should cott�ist of har many units in Fridley; hw many could be built under our preaent aoning, hov many echool children, particularly on averaga par unit; and tax dollart and return. 1he Bngineeilag A�sirtant reported s eurvey vas made in 1963. The Comla�ion would be comparing thls seport vith the propoaed survey. In anrwer to the queTy of declaring a moritorium vhile the study sias going on� the Co�is�ion felt they "ehould do busineas on a nosmal ba�ir", taking each request individually. Ia regard to Mz. We�terlund'� request, 1lr. Myhra eaid the Planning Co�i��ion was concesned with the elevat3on 11nee. Using th� County Audltor'� da�criptioa, the rezoaing requert ia for the North 824.7 feet of Parcal 300. Tha balance of the lot va� not includ�d. The South end of tha Lot ha� a drop t+hich Lr not buildable. The patitioner plano to leavs tha South past a� i�. Some of the neighbor� were coaceraed about the setback of tha apartnanl� and vere informsd tha satback wa� �haan to be 180 faet with fueure garag�s to taka up �ooe of it. Mr. Wn�terlund va■ to hava a certi- ficat� of �urvey preparad. 1�pTi0N by Jen�an, ��conded by Myhra, that the Planning Co_i��lon raco�end appzwal of the reaoning rsqun�t, ZOA #69-08A by Kaya W��tarlund of tha North 824.7 faet of the il} of tha NE} of the NP.} of Saction 13, to b� rasoned from R-1 (single family dv�llings) to R-3A (Apartmsnt� only) vith the condition that the davelopar de�d to tha City th� South 60 fa�t of tAa da�cribad eract and further agrae Chat no di�turb�nca of the czMic bank below elevation of 880 would take place and thst th� daveloper Mould further agre• that the front satback vould be a miaimum of L00 feet. Opon a voice vote, ;11 voting aya, tha motion carri•d unanimou�ly. Mr. Jansen addad that thir particulas tract i� �ppropriate for tha psoposad u�s. It happan� to ba on �he boundary oi a larg� industrial tract; it al�o abuts eha traat that vs� raca�tly rasoned for �sltipl• dvslling�; and on the South sida a natural buff�r of Ric� Cra�k bottos land aci�t�. Acce�s to the prop�rty from tha South rould be �ztr�maly difficult b�cau�a of tha terrain and tutural voodad sr�a. Th� only arp that rrain� to ba conriderad i■ the araa �o th� K��t and Lt i� �par��ly populatsd and vould not be adverseiq aff�et�d st thi� time. It wuld givt th�m an opportunitq to develop =hat prop�rty u�iag ths b��t da�iga factor� that ca�ld ba dev�lopad to allov an intarfaca batxesn R-1 and R-3 soning. COIITIINBD REZOIiING RBQUEST (FROM PAGE 5): LOA a169-09, SACRED I�AflT PA8I88: lDTION by J�n�en. �econdad by Fitspatsick. ehat the Planniu` Co�i��ion rrovs fros tha tabla th� coneim►ed r�sonin� rpu��t, ZOA #69-09, S�er�d Arrt Yari�h. Upon a voic� voi�. �11 voting ay�. th� aotioa carri�d unaniawuly. T!►s �gine�rins A��i�tant �aid that so�t of th� propare� that th� Cbusch pian� to ��11, vhich i� evsrything Noslh of th� South lina of Lot 2i. Elook 10, i� alrudy sonad mltiple. '�� only part not son�d a�ltipl� i• 4 ' , , , , , ' , ' ' ' ' . ' , , 1 ' ' TO WfiOM IT MAY CONCERN: OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CI'FY COUNCTL Notice ia hereby given that there will be a Public Hearing before the City Councii of the City of Fridley in the City Hall at 6431 IIniversity Avenue on Auguat 11, 1969 in the Council Chasber at 8:00 P.M. for the purpose of: Conaideration of a rezoning request ZOA #69-07 of area being bounded on the North by 6(jat Avenue, on the South by 5%th Avenue lying between Main Street and Univeraity Avenue. Said rezoning consideration being to rezone: From R-2 Limited Multiple Dwellinga to C-2 General Businesa Area the following described parcels; Lots 3 ttzru i5, Block 11, Hyde Park Addition Lots 16 thru 30, Block 12, Hyde Park Additian Lots 16 thru 30, Block 21, Hyde Park Addition Lota 1 thru 15, Block 22, Hyde Park Addition Lots 1 thru 5, Block 27, Hyde Park Addition Lots 6 thru 10, Block 28, Hyde Park Addition Lots 4 thru 13, Block 2, City View Addition bots 3 thru 5, Block 7, City View Addition Lots 2 thru 6, Block 8, City View Addition Lote 1,2,16 thru 30, Block 11, Hyde Park Addition Lots 16 tkiru 30, Block 22, iiyde Park Addition Lots 6 thru 10, Block 27, Hyde Park Addition liota 2 thru 15, Block 1, City View Addition Lots 1 thru 3, Block 2, City View Addition From R-2 Limited Family Dwellings to R-3A General Family Dwellinga the following described pascels; Lota 1 thru 30, Lote 1 thru j0, Lots 1 tnrn 30, Lota 1 thru 30, Lota 1 thru 10, I,ote 1 thru 10, Block 9 , Block 10, Block 23, Block 24, Block 25, Block 26, Hyde Park Addition Hyde Park Addition Hyde Park Addition Hyde Park Addition Hyde Park Additio.n Hyde Park Addition ' Anyone desiring to be heard with re£erence to the above matter may be heard at 'this time. ' ' PITBLISH: July 30, 1969 Augvst 6, �969 JACK 0. KIRKHAM MAYOR � , , � ' , �1 , , ' ' , - ' , C� � CTTY OF FRIDLES: (EXHIBIT A) NOTICE OF iIEARING ON IMPROVEMENTS STREET IMPROVEMENT PROJECT•ST. 1970-4 WHEREAS, the City Council of the City of Fxidley, Anoka County, Minnesota, has deemed it necessary and expedient that the improvements hereinafter described be made. NOW, THEREFORE, NOTICE IS HEREBY GIVEN THAT on the llth day of August , at 8:00 o'clock P.M., the City Council will meet at the City Hall in said City, and will at said time, and place, hear all parties interested in said improv.ements in whole or in part, The general nature of the•improvements is the construction (in the lands and atreets noted below) of the follawing improvesents, to-wit: CONSTRUCTION ITEM E, Street improvement including grading, atabilized base, hot mix bituminous nst, conerete curb and gutter, water, sanitary sewer lines and aervices, incldental drainage and other facilities located ea follows: 3rd StreeC: 58th Avenu� to 60th Avenue including Slipoff from T.H. �47 2� Street: 58th Avenue to 60th Avenue T.H. #47 West Service Road: 58th Avenue to 60th Avenue Loop bet. 3rd St. and T.H. �47 West Service Rd. near 60th Avenue 59th Avenue: 2� Street to T.H. �47 West Service Road 58th Avenue: 2} Street to T.H. #47 West Service Road ESTIPIATED COST . . . . . . . . . . . . . . . . . . . . . $ 96.910.60 THAT THE AREA PROPOSED TO BE ASSESSED FOR SAID �ROVEMEI3T IS AS FOLLOWS: For Construction Item above - - - - - - - - - - - - - - - - - - - - - - - - All of the land abutting upon said streets named above and all lands within, adjacent and abutting thereto. All of said land to be assessed proportianately according to the benefits received by such improvements. That the Council proposes to proceed with each of said improvements as ' separate improvements, except as hereaftez otherwise provided by Council nll under tlie following authority, to-wit; Minnesota Laws 1953, Chapter 398 • and law amendatory thezeof, and in conformity with the Charter. ' ' , , �ATED T}iIS Z�„_ DAY OF July , 19f9 BY ORDER OF THE CITY COUNCIL. MAXOR - Jack 0. Kirkham Attest: CIT7C CLERK - Marvin C. Brunsell �"II ��.,.•,:..� . �,�r,,, c,� rc�ca �....,,...,�., a ��c.ac 1 ' , � ' ' L ' , ' - ' ' ' ��I ' �_' , ' ' ' ' � OFFICIAL PUBLICATION � CITY OF FRIDLEY � (EXtIISIT A) NOTICE OF HF.ARING ON IrII'ROVEh1E�ITS STREFT PROJECT ST. 1970-1 ADDENDUM irl WHEREAS, the City Council of the City of �Yidley, Anoka County, Minnesota, has deemed it necessary and expedient that the improvements hereinafter described be made. NOTd, T1�REFORE, NOTICE IS HEREBY GIVEN 111AT on the llth day of A�ust , at 9:00 o'clock P,M., the Gity Council wi11 meet at the City Hall in said City, and will at said time, and place, hear all parties interested in said improvements in whole or in part. The general nature of the improvements is the construction (in the lands and streets noted below) o£ the following i_mprovements, to-wit: CONSTRUCT7:ON ITEM Street improvement including grading, stabilized base, hot mix bitumi.nous mat, concrete curb and gutter, water, sanitary sewer lines and services, 'incidental dxainage and other facilities located as follows. 58th Avenue: Quincy Street to West Moore Lake IIrive 59th Avenue: Monroe Street to West Moore Lake Drive Marigold Terrace: rfonroe Street to West Moore Lake Drive --ESTItTATE➢ COST . . . . . . . . . . . . . . . . . . . . . $ 35 , 100 . 00 THAT THE AItEA PROPOSED TO BE ASSESSED FOR SAID Il�IPROV�NT TS AS FOLLOWS: ForConstructionItemabove--------------------- - -,_ All of the land abutting upon said streets named above and all lands within, adjacent and abutting thexeto. All of said land to be assessed proportionately according to�the benefits received by such improvements. , 2fiat the Council propose� to proceed with each of said improvevnents as separate improvements, e�;cept as hereafter otherwise pxovided by Council all under the following authority, to-wit; Piinnesota Laws 1953, Chapter 398 and la�a amendatory thereof, 2nc� in coniornity with the Charter. DATED THIS 21 DAY OF Julv , 19b9 BY ORDLR OF THE CITY COUNCZL. MAYO�t - .Tack 0. Kirkham AtCest: CITY CLERK - Tfa�vin C. Brunsel7. Publish: JULY 30; 1969 AUGUST 6,19u9 , J -- __ _ __ -- 6 a � -- -----' -- - ---i •i �,.e ss.. 3!i ,�,�-� K'.Ju,wr� _ - -..� �� __�_/�� ----' �� \` �-SEALCOAt J _ 6i8 CCf1G \ `—�V2� H�t• MAT ��-4� SUi, �ft IP+IP"ROVFMEN`P COST: 58TH APENUE MARIGOLD TEiiRACE 59TH AvII�it7E PAPING IMPROYII�DI`P LOCATION MAP ST. 1970-1 ��3�500.00 �11,700.00 i 9,9�•00 (�oceNCUM i) C�. ' � ' OFFICIAL PUBLICATION , CITY OF FRIDLEY (A74IIBIT A) ' NOTICE OF HEARING ON IMPROVEMENTS ' - $TREET It"s. PRO.TECT ST. 1970-2 , ' , � ' ' — ' ' , ■ ■ .�, , ' ! � �F��, the City Council of the City of Fridley, Anoka County, �y��n �.�M dzemed it n�cessary and expedient that the improvements ��i,�ana: �a ��cribed be made. � � PfKd, THEREFORE, NOTICE IS HEREBY GIVEN THAT on the llth daq of August , at 9:00 o'clock P.M., the City Council will meet at the City Hall in said City, and will at said time, and place, hear all parties interested in said improvements in whole or in part. The general nature of the improvementa is the construction (in the lands and streets noted below) of the following improvementa, to-wi[: C�TSTRUCTION ITF1i Street improvements, including grading, stabilized base, hot mix bituminous mat, concrete curb and guttex, aidewalks, water and sanitary eewer servicea, stonn sewer and other facilitiea located as follows: Hain Street: SSth Avenue to 61at Avenue Weat Moore Lake Drive; T.H. �65 to South property of Fridley High School 85TI1tATED COST . . . . . . . . . . . . . . . . . . . . . �q 108.400.00 THAT TSE AREA PROPOSED TO BE ASSESSED FOR SAID II9'ROVEMENT IS 6S FOLIAWS: Far Constzuction Item above - - - - - - - - - - - - - - - - - - - - - - - - All of the land abutting upon said streets named above and all lands within, adjacent and abutting thereto. All of asid laad to be assessed proportionately according to the benefits received by such imprwements. �at the Council proposes to proceed with each of said improvements as separate improvements, except as hereafter otherwise provided by Council all under the following authority, to-wit; Mfnnesota Laws 1953, Chapter 398 tnd lasr amendatory thereof, and ia confozmity with the Charter, � DATED TfiIS DAY OF , 1969 BY ORDER OF THE CITY COUNCIL. atceat: ' CITY CLERK - Marvin C. Brunsell ' Yublish: NLY 30, 1969 ___. � AUGUST 6. 1969 MAYOR - Jack 0. Kirkham ' , , ' ' ' , , ' ' � ' ' , ' ' t , , s,nr M�W � 6 0 ' , --- � Y S.0' - - '�1 �B-6t8 CCAG �---2"�V2� BIT. MATS --6" STAO. BASE j Msc PAVING II�IPROVII4Q]T LOCATION MAP PAVII�NT II�ROVII4ENT COST: STATE AID STANDARD STREETP WEST MOORE LAKE DRIVE �44,400.00 SIDE4IALK IMPROVF�4ENT COST: WFST MOORE LAKE DRIVE t 7,400.00 EACH SIDE TOTAL 2 x �'j , 400 � �� 'PxpICAL RFSIDENTIAL STREET COST i34,4�0.00 �i14r800.00 ' , i ' . ' ' M. [. a �� ' �� . _ s ,v8 wt �a , �.vf.rc �r..� 'u �'' T � ' � . z ' .�.� .�/ �II ' � � H ■ 4 � ' � 0 � O � ; Q ' �.�.r. ' I : 6 0' '15.0' -- _ 1 �• „ � �. �-E3-6t8 CCAG � �2-�y2� D�L MATS � ' �--6� STAB. BnSE - iF-S�— -.- : + � : n s � ' " PAVING IMPROVF21BlP IAC�TION MAP r u f IMPROVII�'P COST: � u � STATE AID STANDARD TYPICAL / s� ' t , STRE�T RESIDENTIl. v_ � • n , r STREET w rn u ts rn COST PD . u • -. . u � ft MAIN STRF�'T i49,2o0.00 83a,13o.oc �7e.�Y.:..'/�///A� � 59 _ TH 68 „TH �w ST , 1970 -2 0 1 C ' 1 ' 1 ' , ' ' _ � ' ' TO WHOM IT MAY CONCERN: OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL �,, , , Notice is hereby given that there will be a Public Hearing of the City Gouncil of the City of Fridley in the City Aall at 6431 University Avenue Northeast on August 11, �969 in the Council Chamber at 9:30 P.M. for the purpose o£: Consideration o£ a rezoning request by Sacred Heart Parish (zoa #69-og) to rezone from R-2 (limited multiple family dwellings) to R-3A (general multiple family dwellings) Lota 5, 6 and the North Half of Lot 7 in Block 10, Hamilton's Addition to Mechanicsville, including the vacated alley and the vacated portion of 6th Street lying adjacent to the above described 1ots, all lying in the South Half of Section 23, T-30, R-24, County o£ Anoka, Minnesota. Generally located South o£ Highway #694 between 5th Street and 6th Street. Anyone desiring to be heard with reference to the above matter may be heard at this time. ' PUBLISH: r � � .� � July 30, i969 August 6, 1969 JACK 0. KIEtKHAM MAYOR ' , , ' 1 1 , ' 1� ZOA #69-09: Sacred Heart Pariah L• 5, 6 and N'� of 7, B1. 10, Hamilton's Add. to Mechaniceville Reaone from R-2 (limited multiple family) to R-3A (general �ltiple family) t :� - — � - - — � - � "�^,--..'� _ ° °`f -- ' _ ' � ;� * �- - - � � � ��.._ Ys :c< !r. � . a.r.�= �tr��= �..x� . .__ ........... ...... _.... .. . . . �w. .. . rrl l._ �i_ i' _ X _ _�/� e / �_ - ; �!. : lf . p j � b _!\ i� fl 1 � I . � _.. ._._._ _`__. ._. .._._ . t/ l p L J • _-_ _-' __ _ _ . -- _ a • P / . D . ♦ . i ...0 . .� I .� __ - 3 � � f SG I( � J �.. . I. . _ � �.. : . . ._ . 3 l L L ( _ ' _'�_ _ _ __l__ `-' __ ___ ... _... ___ __.. _. _._. . . s a I.` zi �� / _ __. -..'.,._ _.__ � 9 � . Q .'X .' ... )1 f S � � I SO H Y� d a /1 [ N__ y._' __.I-�s �l , N r %j -.r ; � a �~-u � AVE_ - _._. = r F- --°1-: �. L . 1) . _f/ L . tI ti -s� � f' . t/ � ' N n ZONING LEGEND � � $3 ;' ii /l /i II /e IO / /J /� N - � : ; i� � N .: �ry-' S e ± I i F� H � . � . u I • j) l _ �-tt � _ _u � _. N �.-_ u � y " b // . H. u . _'n. M . � K._ . M. .�.. ' R-1 SINGLE fAMILY DWG'S AREA3 O C-2 GENERAL BUSINESS AREAS 'R-2 tTD. MULTiPLE FAM{LY OWG'S � C-2-S GENERAL SHOPPING AREAS R-3 GEN. MULTIPLE FAMILY DWG'3 � CR-2 OFFICE SERV. 6 LTD. BUSINESS 'R-4 DISTRICT USE PERMITTED PD PLANNED DEVELOPMENT C-1 LOCAL BUSINESS AREAS C�'� M-I LIGHT INDUSTRIAL AREAS 'C•1-S LOCAL SMOPPIN6 AREAS Gi�:.:� M- 2 HEAVY INDUSTRIAL AREAS CR-1 CLINICS 8 A�LIED LAB. P PUBUC FACtLITIES AREAS i , Q qTY�GROPERTY . O 3CMOOL PROPERTY � ORpNANCE NUMBER (li 20NE USE LIMIT0.TION _i _ 1 _ � s I r L � 1 .� � � ._ � � __h_ .�\\\\\\� �� doC7oo-r:a IIJ i"�d,�� a �� ' ' Ylum Co�iseion Meetinss July 9 1969 — p°�° 7 ' The Co�iasion felt a study vould be useful in ansvesing question� fsom the public and helping them to maks d�cieion�. It vRS felt a study vould be com�leted irithin 30 days. The huding� should con�i�t of hw sany unit• in Frldley; har many could ba built under our pr�sent aoning, ' how many school children, particularly on ave:age per unit; and tax dollars and satura. �J �J t ' 1 ' ' ' ' �� ' ' i. ' �J ' 11ie Engineering As�istant r�ported a�uzvey was made in 1963. '11�c Co�i��ion would be camparing this report with the propoeed susvey. In �nnrer to the query of declaring a moratorium while the study w�s going on, the Comuisaion felt they "ehould do businees on a noimal ba�is", taking each requeot individually. In reQard to Mr. Westerlund's raquest, Mr. Myhra said the Plasiuing Co�ission was concesned vith the elcvation lines. Using the County [�uditor'• de�cription, the reaoning reque�t ie for the North 824.7 feet of Parcel 300. The balance of thc lot rae not included. The South end of the lot ha� a drop vhich is mot buildable. Tha petitionar plane to leave the South p�rt s� i�. Some of the neighboro vere concernad about the setback of the ♦partment� and were informed tha �etback vs� �hosm to be 180 feet Mith tuture garagas to take up •ome of it. Mr. 6la�tarlund oa� to hava a carti- fi�t� of �urvey prnparad. ItiTiON by Jensen, �aconded by Myhra, that the Planaing Co�i�tion s�co�nd approval of tha resoning request, ZW1 #69-08A by 14ye ii��t�rlund of th� North 824.7 faet of the W} of the NB�k of tha NF� of Section 13, to b� rasonad from R-1 (ringle family dvalling�) to R-3A (Apartuant� only) with the condition thst the develop�r dNd to tha City tha South 60 feat of the de�csib�d tract and furt6�r sgrae that no diatu:bance of tha crNk bank belaw elevation of 880 would tske plsca and that th� devaloper vould furthar agraa that the front �etback Mould be a ainimum of 100 feet. IIpon a voice vote, all voting aye, the motion c�rried unanimou�ly. Mr, Jawsu addad that thi� particular tract i� �ppropriat� for tha psopo�sd u�a. It happms to be oa the boundary of a large indu�trial tr�ct; it al�o abuts tha tr�ct that was s'caatly ra:oned fot �ltipla dvalllnQa; and on the South eide a natural buffar of Rics Cradc bottom lsnd �i�es. Acces� to the propssty from Cha South rould bs actr�maly diitioul! b�cau�a of tha tarsaia and natur�l Moodad area. 74u only aru that rrin� to b� coa�iderni is Cha uw to ths W��t and it i� �par��ly populaC�d �nd would noe be advar�ely aff�ctad at this tla�. It vould giv� th�s a► opportunity to devalop :haC propsrty u�ing the b�st d�eign f�etos� that could be davalopad to allar an intarfac� batw�a A-1 and 1t-7 sonins. C�TLIIOSD RBZONiNG RIDQDEST CF'AOM PAGE Si • LOA #69-09. SACRLD l�AAT PNtISH: 1�TIpN by J�nsan, �scondad by F14patsick� that th� Plannins Co�l��ion rrovs fsoa th� ubla tha contimi�d rasonin� requ��t, 7AA tF69-09, Sacr�d B�sst Yssi�h. Upon a voics vote, all voting aya, tha �otion aarri�d �nani�ou�ly. 11u �ine�ring M�i�emt �aid that �o�t of th� proparty th�t th� Church plaw to ��11, Mhich !� e��rything Nosth of th� South lina of Lot 24. 31oek 10, i� alr�ady sonad ailtiple. 1h� only part not son�d �ltipl� !s Ca ' ' Y_1_�pnis� Co�ieaion Meetinft - Julv 9, 1969 Paga 8 ' ' 1 ' ' , ' ' ' ' 9. ' 2� lots. The ce�etery is in Block 10 and was purcha�ed in 1915. Referring to Sth Straet, he said the dedicstnd por[lon ie 30 fe�t rida. Pifth Str•et wa� dedicated a long time ago, and there are tventy-tvo grave� on the East half. Off 54th Avenue there was only one grave. There are nine gravo� within 22" of the fence on Sth Street. Thera ie room for 4,000 eddit4onal grave� on the property the Church intends to keep. The plat of liamilton'• Addition to Mechanlceville vae recorded in 1886. The Church felt thie was a good piece of land, but morc land than thny could use. They had hoped to eell off the portion they didn't nsed and keep the ra�t for the cemetery. The Co�iaeion diecuesed the fact that the Eaet eide of Sth Street aa� vacatad all the aay up to the Freeway. They di�curead a provirion that th� Ea�t half of Sth Street be dedicated on the front of the area to be develop�d �ltlple and along the Freeway prwiding a�ervice drive wer to 7th Str�et. T6i� wuld give the apartments accee• to Che Ea�t or West. 14�Ti0N by Myhra, saconded by Fitzpatrick, that the Planning Co�i�tion racom�nd to Council approval of the resoning raquut, Z0A #69-09, Sacred Huri Pazi�h, of Lots 5, 6, N� 7, Block 10, Aa�ilton'� Addition to Mechanict- vllls to be resonad from &-2 (limited �ltipls daellings) to H-311 (apartssnta only) fro4 ths North line of the South E41f of Lot 24 to the North line of th� pra��nt cavatery property and a right of way for tha continuanca of the �ssvic� mad between Fourth aad SevenCh Street. Dpon a voice vote, all votin� aye. tha motion carried uaanimouely. For furthez clazification, Jen�en �aid thi� sssoning waald add only five unit� W the number of apartmeat• that cwld be built on the already soned property and pzovides the Cmetery A��ociation Che opportunity to put the land to anoth�r u�e. T6eis agre•ment to the conditian� of the uotion rwld a��i�t solving •eraet and traffic probleoo that th� nar htve. No on� was pre�aat for the petition. Alley and ' 11�e Chai�n reviawed the requs�t �aying that �ha p�tition c�e eo a h�it on o� particulas it�� that of Northarn Stat�� Povar. 'ho exi�ting �srnic�� iu the ia�t/i1��t •treet �ketch indicated vh�t portion that tha Northarn St�ts� ' Towr hai ukad to bn maintained as utility aasamants. It ra� d�cidsd that lbsthern Stata� Poti+er should draw up a private �a�oant riih the Grut North�tn Stilroad, a� thi■ rould be the eimple�t way of handling it. L , � ' lDTION b� J��n, saconded by Fitspatsick, that ths Pl�nning Comi��ion r�ornd appraval of tha vacation reque�t, SAV #69-03, Gr�at lioreh�ra Hailrosd, o! t,h� allq and �tr�at� in Block 6, Barlin Addition �ub��ct to th� risht� o! t6e lforth�rn State� Power usement b�in� handl�d priv�Nly b�b��a ths aad th� 1411rwd a� far a� actwl v�caCion, vlth a copy of th� ��cut�d asru- �nt to b� racaivad by tha City. Upon � voice vot�, all votina ay�, the eution carri�d unanimou�ly. if, OF'FICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COIINCIL ��`7 TO WfIOM IT MAY CONCEk�N: � Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on August 11, 1969 in the Council Chamber at 10:00 P.M. for the purpose of: Vacation (sav #69-03) o£ an a11ey and two streets in Block 6, Berlin Addition described as £ollows: All of the alley in said Block 6; all that portion of 41st Avenue Northeast along the South side of said Block 6 lying between the Westerly right of way line of eaid Railway Company and the Easterly right o£ way line of County State Aid Road No. 1(East River Road); all of the unnamed North�South streets adjoining the Easterly side o£ Lots 1 through 8, Block 6, Berlin Addition, All lying in the Southeast Quarter (SE4� of Section 34, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Anyone desiring to be heard with reference to the above matter will be heard at this meeting. JACK 0. KTRKHAM MAYOR Publish: July 30, �96g August 6, 196g ' ' ��•�,�ALE � F'�.`, �,.�,... .�a-�;,J �� D c.y TiQ.�/ /`O � ST'�,��'i � ;; ;>y . sev #69-03 B1. 6, Barlin .{�dd. '' �Qc.c.,E y 1��4 c9 Ti a ti/ � s NORTHERN STATES POWER C0. I� � p f � � � —� �--------'—�' �} ' . `-- .1 w � �.� � � 1 � , � 4 ; � . � .sc.� -: •: /j \ 1 � �'y '�_, �1 ' � � I � � . �, 'I�I/ �, , i i 6 . i :► #r ' ! , J S � .i) y , � ' ' I , �� .? ��.� �. , � 1�. �'�:'E�'�N:ci�r' , ,�. . , Y ,' �Ra/MD � �� • . �. �� ' t, 1�' i o ;� o , - 1 � '� s � 'g � � �� ' ` : � � � . , � , ;: 1 , �_(f y'� � ♦ 7{�� • � � t .. tt ' ` { . w,�` t. � c!, . . � , � ♦ � �''�� ' s i: : A � ��.... 'i � �. t I S't. � . .. .:.. y�� St.G 1 -��/S - �� Arv ' 'I }�. ' /� /.Z.. � �^ r '� . � � : . � .... . �.. j1�i i � . ., y'r'%'� r2� ! t`� J t e' � . I ' 6 �• ! + _.•� .....:.s..,,,K..,.i . � /OD ... . __ ---- , _...�. ; st� � s 1 , ;; �'. • .' � . , ��a ' '�� ' ' . � . 0 � � , ��i J"Ja0 --' — �i�v.... �-r-�---1�.,v i � �I � � —' . c' � . � �' � SAV i�69-03: B�. 6, Berlin Add. I ,,, ,' Vacate an alley & 2 Streets I ��. 1) Alley in Bl. 6 ,,: 2)41sC Ave. S. side B1. 6 '+ 3) Unnamed Strs. adjoining E. side f��sml �1;� L. 1-S, Bl. 6 rn...,sbr/f:e . �� ` ' Great Northern Railway Co. ��MOr �� • I �2 r. � � � ,..�. , e i • .��. � � M,, -- -�,. ��_-�-_ si_ J'']I�� y �.`'i �M•' •q�- � • 1��y�� I �� f' �{ li LiJ � �i ` ~ �� ; � � �!'i:� . .:, � } �� 'I � . .. ' o ! �/� I • l��t"� wF,'fll-��-��.�_'_ — ��'x . I �C : � :_ � .,.�. ...i., r ', 34 5 ..�.. ;� a � �a: _ . a z � _� ,i 8 a i O k a A 7. irC ' ., C>�� .au,o..os'eih . �_ / `� f�. ; � / � Il"� �, �� ----� r---- _ T� � �4� ,! r�� -- - -�,� � ; �k� .--- � � '+� _ • ��/ S�I�u K- ; /� a��i �. ��' ��:u ,e�: �`I' tw � • �t1.. . � � I �` � � , _G •_ . 3 ' �� : `". t "~'- -�- � � �' � �� . � r� O . � ; •� .. � `� '�. � 0 f r �T .I !1 . 1t i� II i. � �� \ j i�� ,:,�, �w,rds... IbciF,� � � .As'i/w.ry G. '�' , : � �?. . �� M i �J�.. ,a �3 � � ;�o - ' 9 1 9 � - -3.-- � � 7 ♦ `.�'� � C. r. @ a 3 �. t;�F -- � -t �,T .�" � � a'J�� . �%� Sewac= /°_-2ao' � - ; � t.s ,� � ., �hiid Pstflieu . ° ? �bJ/w. . Gi . .�'� _ a 4 � s ` � O % + � �I'.:.. .' ' � iN _,'� p , �g 13 23 ;: �a ; � , � �lannina Co�iaeion Meetinrt - Julv 9. 1969 Page 8 ' 2� lote. The cemetery ie in Block 10 and sras purchaead in 1915. Referring to Sth Street, he said the dedicated portion ie 30 feet Wide. Fifth Straet vas dedicated a long time ago, and there are tventy-two grava� on the Ea�t half. Off 54th Avenue there was only one grave. There are nine grava� ' rithin 22" of the fence on Sth Stseet. There i• room foz 4,000 additional grave� on the property the Church intends to keep. The plat of Hamilton'• Addition to Mechaniceville wae recorded in 1886. 9. The Church felt thie rae a good piece of land, but more land than they could use. They had hoped to eell off the portion they didn't need and keep the reet for the cemetery. The Coomierion discu�eed the fact that the East aide.of Sth Street vu vacatsd all the way up to the Freevay. They ditcu��ed a prwirion that th� Ba�t lulf of Sth Street be dedicatod on the front of the area to be devclopsd n�ltiple and along the Freewaq providing a�ervice driva wer to 7th Str�et. Thi� would gi�e the apartments accea� to the Ea�t or We�t. MDTiON by Myhra, eeconded by Fitapattick, that tha Planaing Co�itsion raco�wd to Council apprwal of the resoning r�que�t, 7AA #69-09, Sacsad H�art Pasi�h, of Lote 5, 6, N� 7, Block 10, Eiuilcon'� Addition to Mechanict- vllle to be raaoned from R-2 (limited �ltiple dwallingi) to A-3A (apartuant� only) froa tha North lina of the South ISalf of j.ot 24 to th� North line of tha pra�ent c�metary property and a right of vay for th� continuanca of the �ervice road betveen Fourth and Seventh Street. Upon a voise vota, all votiag aye, tha motion carried unanimouely. For further clarification, Jensen said this resoning rould add only five unit� to the number of apartmente that cwld be built on the alseady soned property and provide� the Cemetery Association ihs opportunity to put tha land to anoth�r we. lheir agreement to tha conditions of ihe motion rould a��i�t solving street and traffic problem� that theq nar have. Allay and No on� vu pre�ent for the petition. 14ie Chaisman reviawed Che requert �aying that tha p�tition c�me to a halt on ona particular item, that of Northarn Sute� Poaer. 11ro �ci�ting ��rvica� in the Ea�t/ii��t �Creat �ketch indicated vhat portion that tha Nottharn SGt�� Pwnr ha� a�ked to be maintained ae utility ea�eia►ts. It vas d�cided th�t lbrthern Stata� Pwar should draw up a pzivate easement with tha Graat North�sa 8ailroad, u thi� would be the simplest way of handling i!. ?DTIOP by Jauen, seconded by Fitzpatr.ick, that tha Plaming Comi�tion z�co�ad apprwal of tha vacation raque�t� SAV #69-03, Graat North�rn 8ailroad, of th� ailty and �treet� in Block 6, Barlia Addition �ub�eet to the ri;ht� of f�� ]fortharn Stata� Pwer �a�emsnt b�ing handl�d privat�ly b�tvaen tha� and t6s Bailroad as far a� actual vacatioa, Mith a copy of tha aa.cut�d agr�e- rat to b� raceived by tha City. Upon � voice vote. all votins aya, the motioa carsi�d unanimou�lp. ' � � ' ' ' ' 1 , ' ' ' ' ' ' ' , ' ' COUNCIL APPOINTMENTS - AUGUST 11, 1969 POLICE PENSION COMt�tITTEE V" ) � �� ` // �� jI,F� 1��, r _ 21 ' ' ' ' , ' ' � _I ' �J ' � ' ' ' ' � ' ' August 7, 1969 MEMO T0: Gity Manager and City Council FROM: Firance Director , SUBJECT: Proposal and Agreement - Financial Consulting Service - Ehlers and Associates, Inc. Ehlers and Associates, Inc. have revised their proposal and agreement for financial consulting service and have deleted reference to federal grants in sections ane, two and three. This is the section in which their services are based on a percentage of the bond issue or federal 9rants. Any work they may do in connection with a federal grant would be .covered under section four, under which their services would be paid for on an hourly basis. The chief difference between this proposal and the former working arrangement with the City is that payment would be made in steps, rather than ina lump sum after the project is completed. The cost to the City �vill actually be less under this arrange- ment then they were under the former-arrangement. As an exampie, under the old system the cost on a$1,500,000 bond issue would be as follows: � 1ST $300,000 - E3,750 BALANCE $1,200,000 - $3,000 �6,750 TOTAL COST 1ST $300,000 - $2,400 NEXT $500,000 - $2,000 BAlANCE $700,000 - $1,750 $6,150 TOTAL COST 0' �� ` �� "' � ,�� . �:� ' �ST NATIONAL-SOO LINE CDNCOURSE C ❑ ' August 5, 1969 2;3 E�ILERS ANIY ��::��;�b�'TES, INC. FINANCIAL CQNSULTANTS 507 MAR174ETTE AVE. MINNEAPOLIS, MINNE50TA 55402 339-8281 (AREA CODE 8121 ' Mr. Homer Ankrum ' Clty Managar 6431 University Avenue N.E. Fridley, Minnesota 55421 ' ' ' ' ' ' ' , ' ' ' , Dear Mr. Ankrum: Mr. Brunsell called us with a point well taken on our hew proposal for fiscal_sarvice. Ne suggested, and we agree, that refersnce to faderal and other grants and loans should be tn Part IV, Ancillary Services, to be compensated on an hourly rate tf we are called upon for sarvica theraon. The revised proposal does this. I mfght say that the Moody representative was flown over and driven through Fridley on Tuesday, July 29• We a)so took sane time to explain the history and development of the City. As analysts never do, Mr. Loughlin yave no Indication of a rating change, but I fee) personally that he was impressed. I want to thank you, Mr. Brunsell and others who may have worked o� it for the marvelous assistance given us by the assanbly of maps and other data. If we are successful in improving the Cfty's rating, it will be due, i� large measure, to the efforts by you and your staff. For your records we are enclosing a copy of our data in the form of a prospectus draft. Thanking you again, we are Very truly yours, EHLERS ANp ASSOCIATES, INC. � , ��'/� � Robert L. Ehlers RLE:pI Encs ' �iST NATIONAL-SOO LINE CONCOLIRSE ' ' ' ' ' ' ' ' ' � n � ' L To: City Council Fridley, Minnesota E�LERS Aa�d� ��53��AiES. I `�`� FINANCIAL CONSULT�. . 507 MARQ�ETTE AVE. MINNEAPOLIS, MINNESOTA 55402 339-829t IAHEA COOE 8121 PROPOSAL AND AGREEMENT FINANCIAL CONSUITING SERVICE Pursuant to your request, we submit the foliowing offer to provtde services relative to the ffnanciai pianning, autho�tzation, sale and issuance of obliga- tions and/or assisting in securing State, Federal or other funds for your pro- posed project and relativo to other ffnanciai consulting services. Dafinitions Community means the county, city, town, school district or other governmentai subdivisiort to which this proposal is addressed. GovernmenC mearts the counly board, city council, tam board, school board or other body or assembly charged with the management and control of the community. Where the words "you" or "your" appear, they shali refer to the government as defined above to which this may be addressed. Com an refers to Ehlers and Associates, Inc. or Its successors. The raords "we" or 'us" or "our" shall mean the company. Obligations means.any bonds, notes, certificates of indebtedness, warrants, or other Instruments of indebtednass which may be issued by the government to obtain fu�ds for a capital improvement proJect in or for the community. Authorization means approval of a proJect by the required majority of voters, or approval by the governing body or other agencles from which approval for the p�oject must be obtained follo�eing the required hearings and procedures where no election is requlrad, so that no further permission or approval procedures are needed prior to issuance of obiigattons for the proJect. Pro ect refers to tha camn�niLy capital improveme�t(s) on whtch the yovern- ment or its administrstion shall have directed us to psrfor� finaeciai consuli- ing ssrvices. Me shall ' Part i - Planning ' 1. Cooperats in every way with you, your architect or enyineer, attorney and other autho�ized represe�tatives. � `�;: > Page 2 2. Study existing and potential future financial commitments of the municipality, its economic resources, and other pertinent social and economic data. . 3. Study all avaitable financing opt(ons for your projact. 4. With the aid of our computer services and exclusive computer programs, project the effect of any proposed financing options on locai taxes and other revenue bases through Che financing period. S. Submit a written report, inciuding printed computer projections to the government outlining the feasibility of the project, comparing methods of financing, in[erest costs, rates, special assessments and other revenues demons[rating various options available to the cortmunity and their affect on long range financa planning. 6. Recommend a finance plan designed to best fit the resources and require- ments of the community. In return for the services provided in Part I, we shall be paid an initial fee of 51,0"v0 which shall be due and payable upon completion and acceptance of our financial feasibility pla�ning report. Should the project be abandoned for any reason thereafter, buL before authorization of the issuance of obli9ations is complete, Ehlers and,Associates will be entitled to no further compensation for preliminary planning except that if more than 12 months elapse after the previous financial planning and the government wishes to reconsider the project, we shall ba compensated a� addittonal fee of $250 to raview and update the previous preliminary feasibility study. Part II - Authorization ' 1. Consult with attorneys of your choice relative Lo all minutas, rosolu- tions and proceedings necessary to authorize the financiny. ' ' 2. Attend all of your meatings and public hearings necessary to properly explain the proJect financing. 3. Assist in the preparation of publtc information materials tncludiny brochures, news releases, and visual aids bearing on financiny. 4. Make available researeh, knowledge a�d expnrience gained from a series ' of previous i�tensive voter surveys. (Actual voter surveys in the community are coverad under Part IV - Ancillary Services) ' In return for the services rendered under Part (1, the Company shail be entitled to an additional fee of $500, which shall be due and payable upon the successful authorization of the obligations unless the authorization requires ' an election or referendum in which case the added fee shall be $1,000. Should the proJect be abandoned for any reason beyond this time, we shall be entitlad to no further compensation. For each failed election or failure to procaed ' after other authorization procedures have bnen completed we shall be entitled to a fee of $250. � ' .1 ' 1 Part III - Execution of Project Financing � _ .. 1 1 ' Page 3 1. Consult with attorneys of your choice relative to minutes, resolutions and proceedings necessary for the issuance of obligations. 2. Consult with Federal, S[ate or other officials in connection with any grants or loans for the project. 3• Research, author, print and distrlbuce a thorough, accurate and actrac- tive prospectus for the sale of [he obligations. 4. Advertise the sale as required and in such other financial pub:icac;ons as will assure fiost competitive bidding for your obligations. 5, Where required or desirable, and in lieu of services specified in Sections 4 and 5 above (prospectus, advertising), negotiate on behalf of the government with interested purchasers for the sale of obligations co obtain [he best possible terms thereon for [he community. 6, If required or advisable, prepare and forward financial material to ' rating services to secure a satisfac[ory rating for the community'z obligations. t 7• Atcend the sale of the obligations, compute bids and advise you as to :heir acceptability in the light of bond market co�ditions. 8• Supervise the prin�ing and execution of tha obligations. y, Coordinate our efforts with those of local counsel ana recognized cond bond approvtng attorneys of your choice to assure a valid approving opinion as to the legality of the obligations. 10. Oeliver the obltgations, close the financial transaction and supervise delivery of the proceeds to the government. ��, As Independent consultants haviny no financial interest in the transac- :ion, assist in the investment of the sale proceeds at the highest possible yield to you consistent with safety and the mpney �eeds of the community. l2. Z3 14. Provide a record book and aii necessary data for the use of the yovarn- ment and its administrstors through the maturity of the issus. Mai�tain copies of all proceedings until the finai maturity. Periodically review the issue for possible advantages of refunding. ' �S, Refrain from any dealer or investor interest in obligations of the community and receive no compensation in connection with the project financing, either directly or indirectly, from any source other than tha ' compensation and reimbursemant paid us by the tommunity and its yov�rn- ment under the tsrms of this proposal. 1 ;�,?t i , ' ' ' ' ❑ , , 1 , , 1 ' Page 4 In return for the services provided under Part Ilf above in connection with the financing of a project and for each issue or series of obligations we shall be entitled to an additional fee, due and payable only upon the successful sale of the obligations, as follows: W $8,00 per $1,000 (.80%) of the first $300,000 principal amount; $4.00 per $1,000 (.40$) of the next $500,000 principal amount; S2.50 per $1,000 (.25$} of the next $1,200,000 principal amount; 51•25 per $1,000 (.125$) of any amount over $2,000,000. From said fee we are to pay the costs of computer services furnished or ordered by us, advertising the sale, preparation and distribution of the sale prospectus, pr(nting of the obligations and all travel and overhead expense. Ail legal fees shall be paid by'the governmeni. Ic is further agreed that you reserve the rtght to reject all bids secured for the obligations without obligation to us for any fee under this Part III except that if a bond sale is postponed or rescheduled after having been advertised, the added expense of advertising each subsequent sale (including the cost of distributing addenda to the prospectus} shali ba reimbursed to the company �y tha governnant at actual cost. Part IV - Ancillary Services At the direction only of the govarnment or its administrat(on, we will providn ancfllary services including, but not limited to, the following items for ths payaient of which the foliowing fee schedule is provided: i. Consult with aitorneys of your choice in draftiny legislation bearfny on financing a project or proJects. 2, Meet with legislators and testify at legislative hearings concerniny any such proposed ingislation. 3. Assist in the preparation of wrltten reports explaining the eff�cta of any proposed legislation. 4. Study utility rates, chargas and assessment policias and report on any proposed changes and their effect. ' ' S• Prepara material and testify before pub�ic utility regulating ayencles for any proposed adJustment of utility ratns. t 6. Supervise an,every home, direct mail voter profile survey and� with the aid of a computer, analyze the returns, suthor, and reproduca a finai rapori for the govarnment. '� ). Meet with bond rati�g services in connection with project financing to obtain, preserve or raisa the community's bond rating. t � ' 8. Prepare and present financial data and ana�ysea of any p�opossd merger or enlargement of the community together with "everyday" lanyuage explanations of the financial effact of any such plan for presenCation to tha affected public. `,�'7 , ' ' ' ' ' ' , Page 5 9. Furnish continuing consulting service in planning, execution and adminis- tration of community finances inciuding periodic meetings with the appropriate governmental body dealing with finance. 10. Annually review the commun(ty's debt structure for previously lssued obligations, render reports as to tax levies required, prepare, review and update annual reports to the bond rating sarvices. tl. Assist in the preparation of applications and furnish such further service as may be required to acquire federal, state or other grants and loans. For additional financial consulting services, including those listed in Part IV of this proposal, u�less otherwise agreed, Ehlars and Assoclatos sha)I be allowed fees [o be determined as follows: 1. Account executive time (actual time in offiee or in consultation with you); Per hour, per person $ 25.00 ' 2. Travel Lime, account executive using fastest means; Per hour, per person 3. Travel expense (to and from our office , by most direci highway route);.Per mile * Pius lodging a�d meals. If air travel is required, ' cost witi be biiled in the amount of commercial fare or at a liquidated rate of i8C statute air mile if company aircraft or rentai aircraft is used. ' 4. Computer: Per hour of connect time (not including account axecutive time) ' ' ' , ' .' ' 5• Secretarial artd clerica) work; Per hour, per person 6. Printing, phoiocopy or other reproduction of documents; Actual cost plus 20$ for handling 7. For service rendered under Part tV, Saction 10 (annual review of debt structure bond ratf�g service raports) tha liquidated fes* sha11 ba * Without additional charges for time, travel or other costs incurred in connaction with Part IV Seetion 10 work) 12.50 .150 20.00 i2.5o 5250.00 t� , � Page 6 ' Fees for ancillary services undar Part IV shail be billed o� the first of each month following the randering of such ssrvice and xill bo due within 30 days thersafter. ' Respectfuily submitted, ' EHLERS AND.AS$OCIAT S, I,N�, f � // ;, � � ; �", - ' ,, � ,/� '� = � l , By. � , I� � ' 1 ' Of the above proposal, Parts are hereby accepted Dy the City ' Council of Fridlev , Minnesota by its authorized officers this day of , 19_ ' Aitest: , ' 1 � 1 �� 1 � , APPOINTMENT FOR CONSENT AND APPROVAL BY THE CITY COUNCIL AUGUST 11, 1969 NAME POSITIOt� SALARY VIRGINIA L. RENNIX Accounting Clerk $348.00 643 - 47; Avenue Northeast (Liquor Inventory) Columbia Heights, Minnesota 55421 ;0 REPLACES Betty S. Coyle ' � � ' � 1 1 ' ' ' ' August 7, 1969 MEMO T0: City Manager and City Council FROM: Finance Director SUBJECT: Primary Election ,, , ;,;`-`' 7 '.� `z'. 4 � U� � � / ' � � ,�G J �' 7he following people have filed for the office of Councilman, First Ward. Timothy Francis Breider Donald R. Mittelstadt Edgar T. Thayer Shirley D. Brimer The following people have filed for the office of Councilman, Third Ward: Richard Harris Frank G. Liebl --j ��(,,�-^`' Eldon E. Schmedeke �� ' The City Charter provides that whenever four or more cnadidates ' file for any Council seat the Cauncil shall provide through an ordinance or resolution a Primary Election. � ' ' 1 � ' ' The City Charter provides that whenever three cnadidates have filed for office a Primary Election is optional. The City Charter provides that the Primary Election must be held on a date not less than 3Q days prior to the General Election. The last date for holding a Primary Election would be October 3, 1969. If the Council would indicate whether or not they desire a Primary Election in Ward Three, we will bring an appropriate resolution to the next Council meeting. �i� � 1 u � ' L , ' 1 CONSTRUCTION C0. City of Fridley 6431 IIniversity Avenue N. E. Fridley, a[i:,neeota 55421 GlIIt.l�Rli z �. :a�� `° , �, y, xe� sT 1969-3 Sohedule A GRADING. CONTRACTORS SI TNIRT'•BlVLNTM AV[. N.6. MINN[APOLIB. MINN[�OTA 664II1 Auguet 5, 1969 t Ar ra rere apparent low bidder on 3chedule A snd vere aot lor bidder oa Sche- dnla B, ve rould appreciste your conaideration in relieving ns of Sohedule A ae re feel tha 000rdination aad coet betwsen the trro psojecte wuld be to the benefit of both the City of Fridley and Park Conetruotian Coap�. ' ' ' ' ' RiC%ee , 1 1 1 t'�_' n, �� `�'V� '- �;^�. \ x • ,��v ._. �, � �,: ` ,.:�t �.� �, Tours very tru�y, P CON9TRUCTION C�� Richard H. Carleon, Secretary ; 32 _' . ' . �,� : STREET L4IPROVE�tEti'T PROJECT ST. 1969-3 t' . C'�s' ' :, ; �. , _ SCHEDULE k � ' Bid Opening: August 4, 19C9 - 11:30 A.M.i� / ' �.__._ ' PLAhT:[OLDE.'R - �unkley Surfacing Co. �� 3756 Grand Street N.E. : bfinneapolis, Minn. , � Gile $ Nelson Const. Co. C 8464 Center Drive N.E. ,. Spring Lake Park, Minn.. ' /;� Hardrives, Inc. U 10135•Central Ave. NE , , Minne2polis, Minn. ��. C.S, McCrossan, Inc, Box 322, Route �Z ' Osseo, Minn. �� .. �� Northern Asphalt Const.0 ' �1631 - 66th 'Ave. N.E. Minneapolis, yinn. ' � Park Construction Co. S1 - 37th Ave. N.E. ' Fridley, Minn. � � . � -. � . � �. BID DEPUSIT i� 5� F�L�.� 6 cu- �.«,,��1 � �, t�.:t l� rd Sr Ga,,.,( �-�- r- p,�rc,.... � 9� �J � � U� c- F:.cz.t�r- G «.,�,.� � . b"%� �3.�.,c �'u-�, /� !7 v � - F-44,2�",� �.�.µ<� w s��d � r�.�-D BAS� PID .. ,$ 3�. %7 z . c-r� I �` � 2�j' , 2- �l S•'3 I � 3 �. 0�5 i . �-s D� . . �' 3o�1'�s�•s--� �; C05iPL�'e SOiI DATE /I� S,we.� ��., �, s f,�.`'� �- � > i.s � i9c-. � ' ; ' ' . , : ' STREET, IDIPROVEidEN1' PRO.]ECT ST. 1969-3 ' SCHL•DULE H � ' ' • Bid Openine: Aucust 4. 1969 - 11:30 A� ' _ __ _ • tPLAA':(OI�D� 'Dunkley Surfacing Co. (� '3756 Grand Street N.E. Minneapolis, Minn. .� Gile �, Nelson Const. Co. �� 8464 Center Drive N.E. . Spring Lake Park, htinn. ' F, Hardrives, Inc. �� 10135 Central Ave. N.E. ' Minneayolis, Minn. C.S'. McCrossan, Inc. , ��. Box 322, Route �2 " Osseo, Minn. � ' ��, Northern Asphalt Const.( ' �S; 1631 - 66th Ave. N.E. �blinneapolis, hiinn. ' � Park Construction Co. � 51 - 37th.Ave. N.E. , Fridley, Minn. ' . ' � ' '. ' ' BID DEPOSIT a�l L' `ry.�� a s`% ��:1 � �l a si•P�� ¢'�_ �� .� �� • t - f �.4.l.�� 'f' �� u �7� �� v w 0 • S . f``f� 'Zl� � �,�.,,n.,.,�- e,a 5�� f�'�* - BAS� PID �., s�� . �- �� J � 6 q- , �- �-/ . 90 4� . $ 7 i, �G�. 4-a � q y� � s�r,10 � :. � � � � / 3�� o-�� a CO''tFLP'i'IOi1 DAT6 ,!� �.� � I�-. �e , a-cT/c;��. , � , , ' ' ' ' ' ' ' ' ' ' ' ' ' , ' . , �� RESOLUTION N0. �� A RESOLUTION TO ADVERTISE FOR BIDS BE IT RESOLVED by the Council of the City of Fridley, as follows: 1. That it is in the interest of the City to award hid contracts for the fa2lowing item, materials and work: TREE BEAUTIFICATION PRaGRAM 2. A copy of the specifications for the above described items and materials, together with a proposal for the method of purchase and the payment thereof have been presented to the Council by the City Manager and the same are hereby approved and adopted as the plans and specifications, and the method of acquisition and payment to be required by the City with respect to the acquisition of said items and materials. 3. The purchase o£ said items and materials as described above shall be effected by sealed bids to be received and opened by the City of Fridley on the 2nd day of September, 1969. The City Manager is directed and authorized to adver- tise:£or tl+epurchase of said items and materials by sealed bid proposals under notice as provided by law and the Charter of the City of Fridley, the notice to be substantially in form as that shown by Exhibit "A" attached hereto and made a part of by reference. Said notice shall be published at least twice in the official newspaper of the City of Fridley. PASSED AND ADOPTED BY THE C COUNCIL OF THE CITY OF FRIDLEY THIS / / DAY OF � , 1969. ATTEST : I LERK - Marvin C. Brunsell MAYOR - Jac 0. Kir am � ) � 1 PARKS AND RECREATION DEPARTMENT ' Fridley, Minnesota 55421 Pau1 Brown, Director 6431 University Avenue N.E. Phone: 560-3450 1 ' 1 ' ' ' I_ i C 1 � ' ' ' 1 1 ' NOTICE TO BID CITY OF FRIDLEY, MINNESOTA TREE BEAUTIFICATION PROGRAM EXHIBIT "A" The City Council of the City of Fridley will open bids at 11:30 A.M. on September 2, 1969, at the City Hall, 6431 University Avenue Northeast, Fridley, Minnesota, 55421, for the Tree Besutification Program. Information as to the terms and conditions and other data pertaining to the bid may be obtained from the office of the Parks and Recreation Director at 6431 University Avenue North- east, Fridley, Minnesota, 55421. The bid should be in writing, sealed, and on the form prepared by the City. The bid should be delivered or handed to the office of the Parks and Recreation Director on or before 11:30 A.M. on the 2nd day of September, 1969. Publish: August 20, 1969 August 27, 1969 HOMER R. ANKRUM CITY MANAGER CITY OF FRIDLEY 3f ;; i d August 7, 1969 MEMO T0: City Manager and City Council FROM: Finance Director SUBJECT: Transfer of Costs for Storm Sev�er Project No. 89 , • The attached resolution would transfer casts from the street project to Storm Sewer Project No. 89. At the time these costs were incurred, it was not known for sure that there would be a storm sewer project. That is why the costs were put in the street project rather than in the storm se�ver project. 0 RESOLUTION N0. ��969 A RESOLUTION TRANSFERRING CERTAIN COSTS AND EXPENSES FROM THE 1968 STREET COYSTRUCTION TO STORM SEWER PROJECT N0. 89 WNEREAS, certain costs and expenses were incurred under the contract of Suburban Sewer and Water,and WHEREAS, the costs are now in the 1968 Street fund, and ' WHEREAS, these costs should be a part of Storm Sewer Project No. 89. NOW, THEREFOP,E, BE IT RESOLYED, that expenditures in the amount of $8,826.44 be transferred from the 1968 Street Construction Fund to Storm Sewer Project No. 89. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF � fRIDLEY THIS /j�� DAY OF �t��i�, 1969. Y - Jac . ir am ATTEST: CITY CLERK - Marvin C. Brunsel � �3n , 1 t , ' ' EHLERS AND ASS�3�;�ATES, �N�� FINANCfAL CONSUL7ANTS NATIONAL-600 IINE CONGOURSE 807 MAROUETTE AVE. MINNEqPOLIS, MINNESOTA 55402 339-829'I IAREA COOE 6127 August 4, 1969 Mr. Andraw Loughiin Municipal Bo�d Analyst Moody's Investors Service 99 Church Strcet New York, N, Y. 10007 Dear Andrew: ' Just a note to express our appreciation for the time and interest devoted to our area last week. tt was a pretty 9ruelling five days and we were Impressed wiih your continuing interest. We hope that, ' notwithstanding the long hours, your carried away some favorable impressions. ' ' ' While there are probably a number of problem cortmunities and ratings in the area, we should like your special consideration to the City of Fridley, Independent School Dtstrict No. 13 (Columbia Heights but including a significant part of Fridley) and the Ciiy of Minot, North Dakota. We feel that each is a candidate for an "A" rating or better. Andy, it was a real privilege to Aave you with us. You represenied your compa�y very well. Sincerely, ' EHLERS � D SSOCIATES, INC. ' /�� , Robert L. Ehlers '. i 1 1 1 RlE:sz cc: Mr. Wiiliam KcCarthy . � 1 ' [J ' � , ll �ilillCl�B� � ecuritaes i 11 e r& ch�oeder 1 N C O R P O R A T E C 1408 NORTHWEBTERN BANK BLDG. MINNEAPOLIS, MINNESOTA 55402 August 5, 1969 Mr, J. O. Kirkham, Ma yor 6341 University Avenue Northeast Fridley, Minnesota 55421 Dear Mr. Kirkham: �i(1 TELE: 339-8894 TVNX� 321-1 �40 TELEGRAM SENT TO CONGRESSMAN MAC�REGOR AUGUST 6, 1969 FROM CITY MANAGER'S OFFICE ' We urge you to communicate with Congressman Clark MacGregor, 409 Cannon House Office Building, Washingtan, D.C. 20515. The House of Representatives wili consider on 'Tt;ursday a tax ' reform bill that can only result in higher borrowing costs for our School Diatricts and Municipaliries. ' Undl now, municipal bond investors have been able to treat income from such investments as completely tax-free. The proposed bill would require that investors prorate their exemptions against tax ' exempt as well as taacable income. In addirion certain inve stors who have substantial holdings in municipal bonds in relaaonship to their total investments would be taxed directly on the interest income, heretofore tax exempt. u ' ' ' 1 ' [l Any tax, direct or indirect, on municipal bonds would bring into play the pricing mechanism. Municipal k�onds that were previously of value to the investor paying interest rates of Hve and six per cent, would have to be increased substantially to offset the effects of this tax bill. We do not hold that investors will discontinue buy�ng municipal or school bonds, but rather that the investing public will have to receive higher rates commensurate with their loss in value through direct or indirect taxaaon. We are already approaching the legal limit for local governmen[ borrowing in our state. This has been brought about by higher intereat costa in general and by the mere threat to tax exemption. If the bill is passed by the House of Representatives, we envision a aituation whereby many of our political subdivisions will be unable to borrow until auch ames as we raise the statutory interest rates. Of course, the actual cost of borrowing will be substantially increased. ' , ' iller & chroeder � ' Please advise us by telephone whether or not you have communicated with Congressman MacGregor regarding this matter. If you have any questions regarding this legisiation, please call our office and ask for Miss Maria Deliz, our Research Analyst. ' Although as municipal bond dealers this proposed legislarion affects us and our customers, we feel that the parties that will be seriously ' hurt are the growing School Districts and municipal subdivisions in the Third Congressional District, which must necessarily engage in extensive financing in the years to come. Ll u ' JRM:mj ' � , C ' ' � ' ' ' Verv rr�l� v�x�r�, r/� �aG��U`i"�, � ' seph . Miller, J r. resident ; .: // � , � � � � ' CLARK M�GREGOR TN1m �IiiMCr. MuNp�11 WMNINOTON OIFICC �pY (.'�1ypI1 pRIG{ OYII.pIM F1a1�� 19D-L11 Aww COn� 2Di �orwtwwrn[ YnseMn DAYIO N. IOIOOBQM ' � ' � ' ' ' 1 ' ' t � ' QCongreg� of t�e �niteb �tateg �oaa�e uf �c�resrntaribcs� �as�ingiott. �.IC. 205i5 July 21, 1969 Mc. Marvin �. RrunGell Finance Director City of Fridley 6431 University Avenue NE Fridley, Minnesota 55421 Dear Mr. Brunsell: .2 CAMMITTE! ON TME 3UDIGIARY �� , DISTeiCTOFFiCfs 120 U.B. CauRn4Ra M�HIEYUl0. MWILfOT� NEW PXONE:7PL211] A��A Goe� 61 Z our��cr �orr�rna: Mt66 MAIIYOl01 6MITM Thank you for sending me a copy of the resolution entitled "A Resolution Concerning the need for Continued Exemption from Federal Income Taxation" adopted July 7th by the Ci[y Coumcil of the City of Fridley. The House Ways and Means Co�ittee is still in the process of drafting the 1969 tax reform bill. I will bring the Fridley City Council resolution to the attention of the Members of Congress serving on that Committee and urge that they carefully consider the facts preaented in that resolu[ion. CM:cnc Sincerely, ,�% /,' f {: t,� t.�(� ,G1 i d f' � j?. .�cs'. Congressman Clark MacGregor / � I. l ' ' ' ' ' ' ' l_ J ' JpIN EMWI(M�N. ALA�. �HIi1RMAN WIW�MPqOMMIRC.W19. WhILACEF.BEHNElT.VT.�N X/�PX180M �1. WILII/�MSr lP.. MJ. IOMN 6. MWEW. f[Y. LpMYNO E. MYENIC. M/�INE EOW�ND W. lMOUNE. MASS. TMOMFS l. MCINTYRE. N.M. CMMLE9 H. rERLY. ILI. W/J.TEI� I. �IOMG�I[. MINM. GXhNLLB [.00OUELL. H.V. ERNE6l �. XOLtING4� 5{. ROlERT W. rACRWWC. DPE6. MAFOLG f. �M1I6ME5� IOW/� •LAM C1��NITOM. CAlli. WCLFY L. O'ME1L. JR. ST/�FI OIRECTM hMO O6MER/�L COYNSEI 's�JCrxifeb ,�ifaf¢s ,�ie�rr,afe GOMMITTEE ON BNNKING AND GURFENCY WASHINGTON. D.C. 20570 august 5, i969 Mr. Marvin C. 3runsell Finence Director City of Fridley 6k31 University Avenue N.E. Fridley, Minnesate 55421 Dear :4r. Bxvnsell: Thaak you for yau' Resolution urging continuati� of tax exemptims for m�nicipal bmds. The Ho�use tiqys aad Means C�mittee tentative�y decfded to retain the present tax-exempt privilege for Stste and local bmd interest but to provide aa alternativ�e treatment. The altemstive would allor the State or local gorerament to forego Federal taz ezemptim and choose instead to accept annuel Federsl pe�ymeats � the bond issue equal to the aversge cost of the additioaal interest p�yable plus some additimal aso�unt. The Federal Gomarament would not restrict or regulate the purposea or emounts of the bonds other thsn to make the slternative treatment unavailable for induatrisl reveaue bonds aad arbitrage b�de. The local unit would contiaue to market its wn bmda. , An interest subsi�y can be provided by a permanent approp- riati� in Lhe same marmer es intereat on the Federal debt. Ststes chooeing the alternative could iseue tvo coupons on ' their b�ds: one payable by the State or local government aad p�ye p�yable by the Federal Government. , Of courae a tentstive proposal by the Honse Wqya ead Meens Cammittee hes n long vqy to go to fiasl ensctment. I inten8 to xstch any cheaBes in the tax exempt status of State and local bonde very cloeely becavae I believe that xe must do aothing ' which xill make it more difYicult for herd-pressed State aad local governments to acquire needed capital. � 1 LJ 1 With best regards. Sincerely, VV� 1 • !'rtor�,Q..+�t_ Walter F. Mondale `{ 3 t . �. _ <HARLE9 R.WEAVER MCRMAN L.T.�LLE VIRGIL C.HCRRICM ROOERT,MUNN9 JAMC3 0.61009 IREDERICR W.RlISCR.JR. LPW O�f�CES WEAVER, TALLE 8� HEF2RICK August 6, 1969 Mr. Marvin C. Brunsell Fridley City Hall 6431 University Avenue Northeast Fridley, Minnesota 55421 Dear Mr. Brunsell: aie c.sT M�i�+ s*nce* ANORA, M�NHESOT/• SSJ03 ♦2i-54iJ p21H VNrvCPSiiV �VCNUC N.C. FFI�LEY, MINNESOTA 65A21 660-l�SO fIR3� 9��F��NM �WIDING GOON RAPID8,MINH.55433 965'�JDO Enclosed please find an Ordinance authorizing the establishment of absentee ballot precincts. I aould appreciate it if you would put this on the agenda for the next Council meeting. VCH:jjh Enclosure Sincerel-y, �/ Virgi� Herrick l� , ; / y C ORD4NANCE N�. AN ORDINANCE AUTHORIZING THE ESTABLISHMENT OF ABSENTEE BALLOT PRECINCTS. THE COUNCIL OF THE CITY OF FRIDLEY DU ORDAIN AS FOLLOWS: SECTION I. Establishment of Absentee Ballot Precincts. The Council hereby authorizes the establishment oF an absentee ballot precinct within the City ofi Fridley, which precinct is authorized to handle all absentee ballots received during any election, primary or general, within the City. SECTION 11. Duties of Soard. The Absentee Ballot Precinct Board shalf: (a1 Receive atl absentee ballots for a primary or general election held within the municipality. (b� Check the registration of each a6sentee ballot against the permanent voter registration file. (c� Determine the precinct of each absentee ballot voter and report the results of such election to each preci� with such results to be tabulated with that precinct. (d� Prepare a list for submission to each precinct within the municipality prior to the close of the election day for the precinct officials to check against the voter registration file to ascertain if any absentee ballot voter voted by person. (e� Reject any absentee batlots of persons who had voted at a precinct making a notation on the envelope of the �sentee ballot as to the reason for rejection. (f) After the polls have closed in the municipality the board shall count the absentee ballots by opening them and tabulating the vote of each absentee balbt voter in a manner which Will indjcate each vote of the absentee voter and designate that the vote was received by absentee ballot. SECTION III. A000i�tme�t of Members. The Council is authorized to appoint the number of persons which it dee�ns necessary to carry out the duties of the absentee balfot precinct. � �,� SECT1 ON IV. Comaensation oF Board. The City shall pay a reasonable compensation to each member of the absentee ballot precinct for services rendered during the election. SECTION V. Applicable Laws. This Ordinance is deemed to be su{�lementary to Minnesota State Statutes Qertaining to absentee balbts and general election laws. PASSED BY THE CITY COUNCIL OF THE GITY OF FRIDLEY THlS DAY OF , 1909 . , MAYOR - JACK 0. KIRKHAM ATTEST: CITY CLERK - MAF�,VIN C. BRUlSELL First Reading:_(,(,G�t�t�.�/��y �`� Second Reading—�- Publish: �; _� ORDINANCE,AS AMENDED ADOPTED FOR P&OPUSAL TO CITY COUNCIL AT LIQUOR MEETING OF AUGUST 7, 1969 INTO%ICnTING LIQUOR Section I. Definition of Terms; 1. Aa used in this ordinance the term "person�� includes a natural person of eithar sex, co-partnership, corporation and association of persons and the agent or manager of any of the aforesaid. The singular number includes the plural an3 the dasculine pronoun includes the Yeminine and neuter. 2. The term "intoxicating liquor" shall mean and include ethyl alcohol and fncluda distilled, fermented, spiritous, vinous, asxi malE bever- agea containing in excess oY 3.2� oY alcohol by xeight. j. The terms "sale" and "sell" mean arsd include all barters and all manners or means oY f�rniahing intoxicating liquor or liquors as above described in violation or evasion oY Za�+ and also include the naual meaning of terms. k. The term "on sale" meana the sale oP intoxicating liquor by the glasa, .or.by the drink for consumption on the premisea onlq. 5, The term "hotel" means and includes anq establishment having a resident proprietor or manager, xhere, in conaideration of payment therefore, foo3 and lodging are regularly fhrnished to transients, which, maintains for the use of its Buests not less than 50 guest rooms uith bedding and other usual, auitable and necessary furnishings in each room, which is provided at the main entrance with a suitable lobbp, desk, and office for the registration of its quests on the ground floor, which employs an adequate staff to provide-suitatale and uaual service, and which maintains under the eame management and control as the reat oP the establ.ishment and has, as an integral part theTSOY, a diait� rooc xith appropriate Pacilitiea vith a total oinimum floor ar�a At 900 rqnare feet v6era Che a�mral public sre� in canaidtration'of pa�ent tlxraiar, served mrala at tab]es. 6. The terro "reatavrant" means any establiahment, other than hotel, under the control of a single proprietor Qr asaaeer, having appropricte facilitiea vittr a total minimum floor ena of 900 square lW�t to �titwe roarlo, sed where in conatderation of pay�ent tlf�refor, meal• are :�ularly served at tablea to the geaeral puhlic, aod �ictr w�loya aa adsquate staft for tFu usual aad auitabl� �esviee to its ��ts, :and tbe priacipa� part of the buainese of vhisk is tAe aervins of foods. :w a -1- 7. A"church" as used in this ordinance is a building which is principally used as a place where persons of the same Paith regularly assemb2e for the public worship of God. 8. The term "wholesale" means arid includea any sale for purposas of .;, re-sale. The term "wholesaler" means any person engaged in the bus- iness of selling intoxicating liquor to retail dealers. �� 9. The terra "manuYacturer" includes every person who, by any process of manufacturing, fermenting, brewing, distilling, refining, rectiiying, blending, or by the combination of differant materials, prepares or produces intoxicating liqvors for sale. 3sction 2. License Required; 1. No person, except wholesalers or manufacturera to the extent avthor- ised under State License, shall directly or indirectly deal in� aell� or keep for sale any intoxicating liquor without Pirat havfng received a license to do eo as provided in this ordinance. 2, "on 3ale" licenses shall be 3ssued only to hote2s and restauranLs, ' 3eotion . A Zications for License to be Verified. L�rery application or a cense to sel n oxicating liqvor sha 1 e verified and filed with the City Clerk. Section 4. Contents of A lication. In addition to the information vhich wy be requ re y the State Liquor Control Commisaioner's form, the appli- cation shall contxin the following: 1. i�ihether the applicant is a natural person,�corporation, partnership, or oEher Porm of organization. 2. Typs ot license applicant seeka. 3. If the applicant is a naRur31 peraon, the following inYormationz A. True name, place and date of birth, and atreet resident address of applicant. B. Whether applicant has ever used or been knam by a nama other than his true name and, iY so, xhat xaa such name, or names, and information concerning datea and placea vhere used. C. The name of tha business if it ia to ba conducted tmder a designation� name or sty2e other than tha 4u11 individual name of the applicant; in auch case a copy of the certiSication, as required by Chapter 33, Ninnesota 3tatutes, certified by the Clerk oi District CourE, shall be attaohed to t,ky� �yp��ication. w -3- D. Wk�ther applicant is married or single. If married, true name, place and date of birih and street residence address of applicant�s present spouse. , E. Whethar applicant and present spouse are registered voters and if so, where. � F. Street addresses at which applicant and present spouse � have lived during the preceding ten years. a. Kind, name and location of every business or occupation applicant or present spovse have been engaged in during the preceding ten years. H. Namas and addresses oS applicant's and spouse�s employers and partners, if any, for the preceding ten y�ears. I. Whether applicant or his apouse, or a pz+rent, broEher, aister or child ot either of them, has ever been convicted of any felony, crime or aiolation of any ordinance, other than traffic. If ao, the applicant shall furnish information as to the tinre, place and offense for which convictions rrere had. � J, Whether app2icant or hia spouse, or a parent, brother, siater or child of either of them, has everl�en engaged ae an employee or in operating a saloon, hotel, restaurant, caYe, tavern or other businesa of a similar nature. IY so, � applicant shall furnish information as to the time, place . and length of time. K. Whether applicant has ever been in milftary serviee. If so, applicant ahall, upon requeat, exhibit all discharges, L, The name, address and business address of each peraon xho ia engaged in Minnesota in the business of selling, mar►ufacturing or distributing intoxicating liquor and Who is nearer to kin to the applicant or his spouse than second cousin, Whether of the whole or hslf bloc d, computed by the rules of civil larr, or rrho ia a brother-in-lata or sistar-in-law of the applicant or his spouse. -6- !�. If the applicant is a partnership, the names and addresaes of , all partners and all 3nformation concerniag each partner as fs required of a single application in Subsection 3 above. A , managing partner, or partners, shall be designated. The interest of each partner in the business shall be disclosed. A true copy of the partnership agreemant ahall be submitted xith the appZication and, if the partnership ia required to tile a certificate as to a trade name under the provisions of � Chapter 333, ��sota Statutes, a copy oY such certificate certified by the Clerk of District Court ahall be attachnd to the application. 5, If the applica� ia a corporation or other organization aud is applying for an "on sale" license, the following: A. Name, ar►d if incorporated, the atate of incorporation. B. A txve copy of Certificate of Yncorporation. Articlea of Incorporation or Association Agreement and By-Iawa azd, if a foreign corporation, a Certificate of Authority as described in Chapter 303, 14inneaota Statutes. C. The name of the aianager or proprletor or, other egeat • ia charge of the premises to be licensed, giving all -- . the information abovt said person as ie required of . a single application in Subsection 3 above. D. Notwithstaz�ding the definition oP intereat as given in Section 9, Subdivisioa 10, the application ahall , contain a list of all persons who , aingly or together _ srith their spovae, or a parent, brother, sister or child or either of them, own or control an interest in said corporation or association in exceas oS 5� or xho are oYYicers of said corporatioa or association,. together s►ith their addresses and a12 information as ia required of a single applicant in Subsection 3 above . 6. The exact legal deacriptfon of the premises to be licensed together With a plot p2an oY the area shrnring dimensions, location of buildings, street accesa, parlcing facilities and , the locationa of diatancea to the neareat church building and school grounds. b . -5- 7, The floor mnber and street number Khere the sale of intoxicating liquors is to be conducted and the rooms where liquor is to be eold or consumed. nn applicant for an "on sale" Iicense ehall submit a floor plan of the dining room, or dining ' rooms, which shall be open to the public, shall show dimensiona and skiall indicate the number of persons intended to be served in esch of said rooms. 8. If a permit from the Federal governroent ie required by the Iaws of the United States, vhether or not such permit has been issued, and if so required, in what name issned and the natare of the permit. 9. The amount of the investment that the applicant has in the buainess, building, premises, fixtures, furniture, stock in trade, etc., snd proof of the source of such money. 10. The names and addresses of all persons, other than the applicant, xho have any finenciaZ interest in the business, buildings, premises, fixtvres, furniture, stock in trade; the natvre oi auch interest, amovnt thereof, terms for payment or other , reimbvraement. This shall include, tut not be limited to, any leasees, lessors, mortgageea, mortgagors, lendors, lien holders, trustees, trvators, and persons who have coaigned � notes or otherwise loaned, pledged, or exterxled security for - any irxiebtednesa of the applicant. 11. The names, reaidences az�d business addressea oS three persona, residents of the-State of Minnesota, of good moral character, not related to tha applicant or financially imerested in tha premisea or bvainess, xho may be referred to as to the applicant�a oharacter or, in the case xhere information is required of a nanager, the manager's character. 12. Whether or not all real estate, sp9cial assessmants, personal property -:;;'t� °' taxes for the premises to be licensed xhich are dne and payable have been paid� ard if not paid, the years and amounts rfifch are � unpaid. 13. Wh�never the application for an "on sale" licenae to aell intoxicating liquor, or for a transfer thereof, is for premisea either planned or under construction or under going substantial alteration, the application shall be accompanied by a set of preliminary plans showing the desi� of the proposed premises to be licensed, If the p2ans or design are � on file rr3th the Superintendent of the Building Department, no plans need be Yiled xith the City Clerk. ],lt, Svch otk►er information as the City Council shall require. r �� Section 5. Renewal A lications. Applications for the renewal of an exiat ng license shall be made at least 60 days prior to�the date of the expiration oS the licenae and shall be made in avch abbreviated Yorm as the City Council may approve. If, in the judgment of the City Council, good and suPficient cause ia shown by an applicant for his failure to file Yor a reneKal aithin the time prov3ded, the City Council may� if the othar proviaions of this ordinance are complied with, grant the application. At the earliest practicable time after application is made tor a renewal oY an "on sale" license, and in any event prior to the time that the application is approved by the City Counci2, the applicant shall file rtith Lhfl City Clerk a statement made by a certified public accountant t6at shows the total groas sa2es and the total food salea of the reetaurant for the Zwelve months period immediately preceding the date for fi2ing renewal applications, A foreign corporation shall file a current Certificate of Authority. Section 6. Execution of A lication. If the application is by a na ural peraon, i shall be signed and si+orn to by such person; if by a corporaLion, by an officer thereoS; if by a partnerahip, bq one of the partpers; if by an unincorporated aasociation� by the oanager or pnriaging otticer thereot. Ii the applicsnt is a partreership, the epplication, license and bond (or insurance policy) shall be made and __ isaued in the neme oi all partnera. 3ection 7. Licenae Feea, 1. The�annuul licenae Pee !or "on sale" license shall be $4,000.00: 2. The armual license fee shall be pnid in f1�11 befbre the application for a license is accepted. All iees ahall be paid into the general ltmd of the Citq. Upon rejection oY any application for a license, or upon xithdrawal of application before approval of the iaauance bp the City Council, the licer.se Yee ehall be refunded to tfie applicant except xhere reJection is !or a will.flil misstatement in the license application. 3. The fee for an "on $ale" license granted after the commencement of the licenae year shall be pro-rated on a oonthly basis. !�. When the license ia for premises xhern the �ilding is not resdy for xcupancy, the tiae fixed for computatioQ of the - licanas fee for the initial license period shall be ninety days after approval of the license by the City Covncil or upon the date the building ia ready for occupancy, xhichever ie eooner. �. -6- Section 5. Renewal A lications. Applications for the renewal of an exist ng license shall be made at least 60 days prior to�the date of the expiration of the licenae attd shall be made in such abbreviated Yorm as Lhe City Council may approve. If, in the judgment of the City Council, good and sufficient cavse is shown by an applicant for his failure to file tor a renes�al within the time provided, the City Council may� iP the othar proviaions of this ordinance are complied with, grant the application. At the earliest practicable time of an "on sale" license, and in a application is approved by the Ci vith tha City Clerk a statement m that showa the total gross sales reataurant for the trrelve months for filing renewal applications. current Certificate of Authority. after application is made for a renexal ny event prior to the time that the ty Council, the applicant shall file ade by a certified pnblic accountant a�xl the total food sales of the period immediately preceding tt� date A foreign corporation shall file a Section 6. FJ�ecution of Application. If the application is by a natural paraon, it shall be signed and s�rorn to by such peraoa; if by a corporation, by an officer thereof; if by a partnerehip, by one of the partners; if by an unincorporated aesociation, by the manager or uaneging officer thereof. Ii the applicant ia a partnerahip, the tpplication, 1Scense and bond (or insurance policy) shall be made and __ ieaued in the name of aIl partnera. 3ection 7. License Feea. 1. 2. 3. Ttte�annuul. licenae fee for "on sale" license ahall be $li,000.00: The annual license fee ahall be paid in 11i11 before the applicatfon for a license is accepted. All fees shall be paid into the general t1�� ot the City. Upon rejectfon of anp applicetion for a license, or upon �rithdrawal oi application before approval of the iaauance by the City Council, the licer.se fee ehall be refunded to the applicant except xhere reJection ia for a �+illful misstatement ia the license application. The fee Por an ��on sale" license granted aYter the commencement ot the license year ahall be pro-rated oa a oonthly basis. 4. When the licensa is Yor premises xhere the building is not ready for occupancy, the time fixed for computation of the � license fee for the initial licenae period shall be ninety days after approval of the license by the City Council or npon the date Lhe bLilding ia ready for occupancy, xhichever 1e sooner. � r -7- 5. No transfer of a license shall be permitted from place to • place or person to person without complying with the requirements of an original application except as provided by Subdivision 9 of this SecLion and except where a new application is fi2ed for a transfer oY license from place to place ax� is for premiees where the building was not ready for occupancy at the time of the original application and the new app2ication ia filed within 90 days after approna2 of the original license by the City Council but before a Certificate of Occu�ancy for the original locat;.on has been issued, no additional licer.se fee is required and the investigating fee ahall be as apacified in Subdivision 8 of this Section. 6. No part of the fee paid Yor any license shall be refunded except in accordance k�ith this Section. 7. At the time of each original application for a license,�mtxpt � the applicant shall pay in full an investigating fee. For a single natural person� the investigating fee shall be�w150.00. For a partnership, corporation, or other aasociation, the inveatigating fee ahall be �300.00. No investigating fee ahall be reiurxied. 8. At ar�q time that an additional inveatigation ia required ' because oY a change in the ownership or co�rol of a corporation or because of an enlargement, alteration, or • extension of preroisea previously licenssd, or because oY a transfer from place to place uhich tranafer comea within the exception expressed in Subdivision 5 of this Section, the licensee shall pay an additioual inveatigating fee in the amouat o4 $50.00. 9. Where a new application ia filed as aiesult oP incorporation by an exisLing licensee and the ownership control and interest in the license are unchaaged, no additional license fee xill be required. 3ection 8. Qranting of I3censes. 1. In order to assist the Ci�y Council in inveatigating the facts aet out in the epplication and in order to determine the sligibility of the applicant for a license, puravant to the provisions of this Ordir.ance and of the State I,ax, the City • Council may appoint a License Board. In the event that such License Board is eatablished, it shall be organiaed in such a oanner as the City Covncil shall determine bq reaolution. � -7- 5. No transfer of a license shall be perroitted from place to � place or person to person without complying with the requirements of an original application except as provided by Subdivision 9 of this Section and except where a new application is Siled for a transfer oY license from place to place a� is for premiaes where the building was not ready for occupancy at the time of the original application and the neru application ia filed within 90 days after approval of the original license by the City Council but before a CertiPicate of Occupancy for the original locatj�on has been issued, no additional license fee is required and the investigatfng fee ahall be as apecified in Subdivision 8 of this Section. 6. No part of the feo paid for any license shall be refunded except in accordancs x*ith this Section. 7. At the time of each original application for a license,�nmcept � the applicant shall pay ia fu22 an investigating fee. For a aingle natural pereon, the investigating fea shall be�150.00. For a partnership, corporation, or other association, the inveatigating fee shall be $300.00. No investigating fee shall be refursded. 8. At aipr tlme that an additional inveatigation ia required ' because of a change ia the oxnership or control oP a corporation or because of an enlargement, alteration, or � extension of premises previously licensed, or because of a transfer from place to place xhich tranafer comea xithin the exception expressed in Subdivision $ oP this Section, the licensee ahall pay an addiCioiial investigating fee in tha amount o-f $50.00. 9. Where a nex application ia filed as sYesult of incorporation by an exiating licensee aad the osanership contro2 and interest in the license are unchanged, no additional license fee xill be required. 3ection 8. Granting of Licenses. 1. In order to assist the Ci�y Council in investigating the facts aet out in the application az�d in order to determine the eligibility of the applicant for a license, pursuant to the provisiona of this Ordir.ance and oY the State Lax, the City • Council aay appoint a License Board. In the event that such Licenae Hoard is established, it shall be organised in svch a oanner as the City Council shall determine bq reaolution. a -B- 2. All applications for a license shall be referred.to the Chief of Police, arxi to.such other City Departments as the City M�nager shall deem necessary, for veiification and investigation oi' the facts set forth in the application. The Chief oP Police shall cause to be mdde such investigation of the infoxmation requested in Section 158.0�, Subdivision 3, as shall be necessary and shall nake a written recommendation and report to the Licen�e Board, or to the Citp Covncil, as the case may be, which sh>11 ix��lu�� : list oi a12 violations of Federal or State lak or Municipal ordinance. The License $oard� or City Council, may order and conduct such additional investigation as it shall deem neces�ary: Upon receipt of the written report and recommendation by the Chief of Police and within twenty days thereaSter, the Chairman of the License Board, or the City Council, shall instruct the City Glerk to cause to be published 3n the official newspaper ten days in advance, a notice o£ a hearing to be held by the License Board, or the City Covncil, setting forth the day, time and place when the hearing will be held, the name of the applicant, the premises where the bus3ness is to be conducted, the nature of the business and such other infor- mation as the License Board may direct, At the hearing, opportunity shall be given to any person to be heard for or against the granting oT the license. A license, other than a renewal, shall not be approved before the next regular u�eeting of the City Council fo2loiaing such hearing. 3. Not less than ton days nor more than fifteen days after the date for auDmitting renecral applications, the License Board,or the City Council, shall hold a — public hearing. Aotice of the time and place of said meeting ancl the fact that renewal applications xill be considered shall be published in the official c�ews- paper ten days in advance oY the hearing. Opportunity shall be given to any person to be heard for or against the granting oP a renewal license. 4. In the event the Licen�e Board holds the hearing, it shall, xithin fifteetr > days aYter the hearing, make a report of its investigation and hearing, together / xith recommendations, to the City Council. Ir. the event that the Licen�e � Hoard is vnable'to complete its report within that time, theq shall report auch Pact, together xith reasons therefor, to the City Counci2 which shall sxtend the time for the report for such reasonable time as it deems advisable. 5. After receiving such report and recommendation the City Council shall conduct� �ithin a reasonabla time, such additionel hearing as it may deem advisable and thereafter ahall grant or refuse the application in its discretion. 6, a. Each 14cense shall be issued to the applicani only. Each license ehall be iss�md only for the premisea described in the a�licatior,. c - - . -Ba- . b. Ho license ma.y be transferred to another person or to another place without complying With the reqvirements of an original application including the approval o� the City Couneil and the Liqoor Control Commissioner, as requirad, except as provided by Section 158,07, Subdivision 5 and Subdivision 9. 7, The City Clerk shall, within ten days aPter the issuance oT any license under this ordina.nce, submit to the Liqvor Contro2 Commissioner the full na� and address of each person granted a license, the trade name, the effective licen�e date, and the date of ex�.iration of the licenne. He shall also submit to the Liquor Control Commisyioner any change of addresa, transfer, eancellation or revocation of any license by the Council during the license period. 8. Where a license is granted for premises where the building ia under construction or other�ise not ready for occupancy, the City Clerk shall not issue the licenss unti2 notified by the Superintendent of the Building Department that a certificate of occupancy has beer. issued and the building is re�y for ocuvparicy. _ __ .. , , ._ � Section 9 Persons Ineligible for License. No licensa shall be granted or held by any person: 1. Under 21 years of age. p, Who is not of�good moral character. g, Who, if an individual, is an alien. 1�, Who has been convicted, xithin 15 years prior to the application of such license, of any willful violation of anq law oY the United States, the State of Minnesota, or any other State or Territory, or of any lncal ordinance regarding the manuYacture, eale, distribution or possession Yor sale or distribution oY intoxicating liquor, or whose liquor license hasbeen revoked for any xillful violation oY any law or ordinance, 5, Who ia a manvfacturer or wholesaler of intoxicating liqvor and no manufactvrer or wholesaler shall either directly or iTxiirectly orm or contro2 or t�xve any financfal interest in any retail bnainess selling intoxicating liqvor. 6, i�tw fa directly or indirectlp interested in any other establishment in the City of Friuley to vtdon "on eale" license has been issued vnder this Ordinance. �, Who, if a corporation, does not thve a manager xho is eligib2e pursuant to the proaiaions of this Section. 8. Who is the spouse of a psrson ine2igible for a license pursuant to the provisiona of Subdivisions It} 5, or 6 of this Section or.xho, in the judgment of the Citp Council, is not the real party in interest or beneYicial owner of the businese operated, or to be operated, under the licenae. 9, A license xill not be renewed if, in the case of an individual, the licenaee is not a resident of the City at the tiare of the datefor renewal; iY, in the case of a partnership, the managing partner is not a reaident of,the Citp at the tima of the renecaal; or in the case of a corporation, if tha aianager ia not a resident of the Citq at the time oY the date of renewal. The time for establishing res3dency within the City may, for good cause, be eztended by the Council. � � _. . . r-_. • ..ia ].0. The term '�interest�' as used in this Section includes any � pecuniary Snterest in the ownership, operation, management ox proPits of a retail liquor establishment, but does not ioclud.e bona fide loans; bona fide fixed sum rental agreements; bona Pide open accour.ts or otherobligations held with or without security arising out of the ordinary and regular course of business of selling or leasing merchandise, fixtures or avpp2ies to such estab2ishment; or an interest oY ten per cent or less in any corporation holding a license, A person Who receives monies from time to time directlq or indirectly from a licensee, in the absence of 'a bona fide consideration therefor and excluding bona fide gifts or donations, shall be deemed to have a pecuniarq interest in such retail license. In determining �'bona fide" the Peasonsable value of the goods 4 or things received as consideration for any payment by the licensse and all other facts reasonably tending to prove or diaprove the existence of any purposefu7. acheme or arrangement to evade tha prohibitions of thia Section sha11 be considered. Section 10. Places Ineligible for License. 1. No liqense shall be granted, or renewed, for operation on any prenises, on xhich taxes, assessments or other financial ciaims of the City or of the State are due, delinguent or unpaid. " Tn the event an action has been commenced pursuant to the provisions of Chaptsr 278 Minnesota Statutes qvestioning the amount or validity of taxes, the Council maq� on appZication by the licensee, waive strict coropliance with this proviaion; no waiver may be granted, however, Por taxes or any portion thereof� xhich remain unpaid for a perbd exceeding one year after becoming due. 2. No license shall be granted for premises located within�_ feet of a public school or of anp church, t6e di�tance to be oeasured in a atraight Line from the nearest point of huildin� to building, excepting the existing oa-sale monicipal es[ablish- mente at the time of the eaactment of thia ordinance. The erection of a public achool or church vithin the prohibited ezea after an origiaal application has been granted shall not, ia an8 of itNlf, render such pxemisea ineligible for reneval of the License. � ;,- -u- 3. I�o license shall be issued for the premises owned by a person to ehom a license may not be granted under this Ordinance, � except any ormer aho is a minor, alien, or a person who has . been convicted of a crime other than a violation of Minnesota � Statutes, Sections 3�t0.07 through 3�0.1t0. i�, No "on sale" license shall be granted for a restaurant that ° does not have a dining area, open to the general public, with ;� a total minimum floor area of 900 square feet or for a hotel that does not have a dining arex, open to the general public, With a total minimum Yloor area oP 900 aquare feet. 3eetion 11. Conditions of License., 1, Ebery license sha11 be granted subject to the conditions of ihe following subdivisions and all othsr subdivisions of this Ordinance and of any other applicable Ordinance of the City or State law. 2. The 2icenae shall be posted in a conspicuous place in the licensed establishne� at all times. 3, Every licensee shall be responsible for the conduat of his place of business and the conditions of aobriety and order -- in the place of business and on the premisea. 4. No "on sale" licensee shall aell intoxicating liquor "off eale ��. 5. No license shall be effective beyond the space named ia the license for Which it xas granted. 6. No intoxicating liquor shall be sold or flirniahed or delivered to any intoxicated person, to any habitual drunkard, to any person vnder 21 years of age, or to.any person to vrhom sale ia prohibited by State law. 7, No peraon under 21 years of ag� shall be employed in a room uliere sales a� made. -,.. _... -_ . . .. . . . . . � �"-_.. ' -12- 8. No licensee shall keep,possess, or operate or permi't the keep3ng, posseseion, or operation oP any slot machine,dice, or any gambling device or apparatus on the licensed premises� , and he shall not permit any gambling therein. 9, No licensee shall knowinglq permit the licensed premises or any room in those premises or any adjoining building directly or indirectly under his control to be used as a reaort for prostitutes. 10. No equipment or f3xture in any licensed place shall be owned in whole or in part by any manufacturer or distiller oY intoxicating liquor except such as ahall be expressly permitted by State law. � � 11. Anp police oYfic ,bu>>di� n�;^ ec , or any properly / ' ifice e o tha City shall have the ,1/ . nnqu f ight to enter, inspect, and search the premises (9�� censee during the business hours withovt a warrant. 12. No licensee shall sell, offer for sale, or keep Por sale, intoxicating liquors in any original package xhich has bsen refilled or part2y refilled. No Iicensee aha21 direct2y or throvgh any othar person delete or in any manner tamper xith _ the contenta of any original package so as ta change its cqnposition or alcoholic content while in the original package. Pbasesaion on the preadses by the licensee of any i�oxicating liquor in the original package difYering in composition or alcoholic content in the liquor xhen received from the � nanufacturer or who]esaler irom rihom it was purchased, shall be prima facie evidence that the contents of the original peckage have been diluted, changed or tampered with. 13. No "on sale" liquor establishment ahall disp�.ay liquor to the public during hours when the sale of liquor ia pTOhibited by this Ordinance. 1�. No licensea shall apply for or possess a Federal Wholesale Liquor Dealers spacial tauc stamp or a Feder2l I}ambling atamp. , _� 15• No licensee ehall keep ethyl alcohol or neutral spirita on any licensed premises or permit their use on the premiaes as a beverage or mixed xith a beverage. : � -13- 16. The business record� of the licen�ee, including Federal sixi . State tax returns� sha11 be available for inspection by the City Manager, or other duly avthorized representative oY the City ox the City Council at all reasonable timea. 17. Changes in the corporate or association otficers, corporate charter� artides of incorporation, by-lawa or partnership agreement, as the case may be, shall be submitted to tha City Clerk within thirty days after such changes are made.. Notwithstanding the definition of interest as given in Section 9 Subdivision 10, in the case of a corporation, the licensee shall notify the City Clerk when a person not liated in the application acquires an interest which, together with that of his spouse, parent, brother, sister or child, exceeds 5�, and shall gine all inYormation abovt said person as is required of a person pursuant to the proviBions of Section 4, Subdivision 3, of this code� 18. At the time a licenaee submits his application Por reneual of a license, he shall list all direct or indirect contributions made to or in behalf of a candidate for FY�idley City Councilman or Maynr, iacluding bnt not limited to Candidates Committees, Voluateer Cortunittees, etc., for all City electiona Prom and including 1969 to the present date. 19. � A reataurant sha1Z be conducted in auch a manner that the principal part oP the business for a licenso year ie the serving of foods. A hotel shall be conducted in such a manner that, of that part oi the total business attributable to or derived from the serving of foods and intoxicating liquors, the pr3ncipal part of the business for a licenae year is the serving of foods, 20. At the time of application for renexal of applicatioa of an on sale license, the applicant shall submit prooY to the City t6at the principal part of the gross salfla� derived from the eale of food and into�cicating liquors of the establishment, for which the on sale license is to be used, is in the serving oY food. Section 12. Hours of Operation. No sale oY intoxicating liquor shall be nade after 1:00 A.M. on 5unday aor untfl Bs00 A.M. on Monday, nor betrreen the hovrs oP 1:00 A.M. a»d 3:00 P.M. on any Memorial Day, nor pebroan the hours of 1:00 A.M. a� 8s00 P.M, on any primary, apecial or general eleciion of the City of Fridley. No "on sale�� shall be oade betsreen tt�e houTS of 1:0� A.M. and 8;00 A.M. on any �reekday. -1�- 3ection 13. Pub�ie Character of Li uor Sales, No sale of into�cicating quor sha be ma e o or n guest rooms o otels, unless the rules of auch hotel provide for the service of ineals in guest rooms; nor unless the sale of such intor.icatine liquor is made in tha manner "on aale�' are required to be made; nor unless such sale accompanies and ia incident to the regular service of inea2s to guests therein; not unless the rules of such hotel and the description, location and number of such guest rooms are fully set out in the application for a licenae. Section ]11. Restrictians Involving Minors. 1. No licensee� his agent or employee shall serve or dispense upon the licensed pramises any intoxicating liquor or non-intoxicating malt liquors to any person under the age of 21 years; nor shall avch licen�ee, or his agent or employee, permit anq person under the age oP 21 years to be furnished or consume arry such liquors on the licensed premises. 2. No person under 21 years of age shall misrepresent his age for the purpose of obtaining intoxiceting liquor or non-intoxicating malt liquor nor shall he enter anp premisea licensed for the . retail eale of intoxi.cating liqvor or non-intoxicating malt liqvor for the purpose of purchasing or having served or delivered to him for consu^�ing any such intozicating liquor • or beer nor shall arqr such person purchase, attempt to " purchase, consume, or have another person purchase for him any intoxicating liquor or beer. 3• No peraon shall induce a person under the age oY 21 pears to purchase or procure or obtain intoxicating liquor or non- . iatoxicating malt liquor. k. Any person Nho may appear to the licensee, his employees or agenta to be under the age of 21 years sha11, upon demand of Lhe licenaee, his employee or agent, produce and permit to be exemined an identification certiYicate issued by any clerk oY tha District Court in the State of Minnesota pursuant to 3ection 626.311 through 626.319, Minnesota Statutes, Lawa 1953, Chapter 508. 5. In every prosecution for a violation of the provisions of this Ordinance rdating to the sale or Yurn3shing oY intoxicat3ng liquor or non-intoxicating malt beverage to peraons under the age oF 21 yeara, and in every proceeding beYore the City . . Co�mcil with respact thereto, the fact that the minar involned has obtained and presented to the licensee, hia employae or agent, a veriYied identification card issued by the Clerk of any District Court in the State of Minciesota, from which it appeara -15- that said person was 21 years of age and was regularly issued such identification card, shall be prima facie evidence that the licensee, his agent or employee i� not guilty oY a violation oY such a proviaion and shall be conclusive evidence that a violation, if one has occurred, was not will.flil or intentional. 6. Arry parson who may appear to the licensee, his employee or " agent to be under 21 years of age and aho does not have in his possession any identificaiion certificate as above deacribed, may aign ard execute a statement in writing as Pollows; REdD CAREFULLY BEF(fltE SIGNIN(} The folloiring are excerpts from the Laws of the State of Minneaota, Chapter 483, Lawa of Minnesota for 1953; ��tion jfy0.%31 Minnesota Stat�tea, Minoxs, Forbidden Acts or Statements: "It ehall be vn2awful for: Any person to miarepresent or�sstats hia or her age, or the age of any other person for the purpose of ic�ducing any lieensee, or any employee of any licene,ee, or any employee of any municipal liquor store, to sell, serve or deliver any alcoholic beverage to a minor; A miaor to have in his possession any intor3cating liquor srith intent to consume same at a place other than the household of hia par ent or guardian, �� Section 31�b.03 Minnasota Statutes, Larrs oY Minnesota for 1953, Cl�apter 483: "It shall be unlawYul for: Any ninor to misrepresent his age Por the purpose oP obtaining mn-intoxicating nalt liquor; Anq minor to have in his possesaion any mn-intoxicating malt liquoY xith intent to consume.same at a placa other than the household of his parent or guardian. Anq person xho shall violate any of the foregoing provisions oi law shall be punished accordingly." _�:, " -16- YTOLATION OF THE aBOVc MINNFSOTA IaW IS a MIS�Fl�NOFt PIINISHABLE BX A FINE OF $j00.00 OR p 90 DAY5 ir10RKHQUSE SENTENCfi� OR BITH. 14y age is . Date of Hirth . Place of Birth . My address ia . Dated: , o Identi ication, iY any Witness Signed The above form shall be furniahed at the expense oY all licensees desiring to uae the same and �rhen properly executed may be considered aa evidence in any prosecution and by the City Counc32 in any proceeding before the Council or a committee thereof relating to the businesa or operations of the licensee. Such forms after axecution shail be kept on file by the licensee for a pariod of one year, • Sectiott 15. Other Restrictions on Purchase or Conavmption. 1. No person shall give, sall, procure or pvrchase intoxicating liqiwr to or for any peraon to whom ths eale of intwdcating liquor is forbidden by law, 2. No person shall miu or prepare intoxicating liquor.�r consumption, or consvme, in any public placetn licer,sed in accordance with the ordinances oY the Cfty oY F}�id]s y, and the State of Minneaota. 3• No intoxicating liquor shall be sold pr consnme3 on a public higinraq or in an avtomobile. Sectipn 16. Bcnd, 1• Bonds, insurance or Deposit Required. At the ti.nre of filing an appiication for an "on sale" liquor licenae, the applicant ahall file a bond xith corporate eurety, or a liabilitq inaurance policy, or in lieu thereof caah or United Statea government bonds Which shall be dapoeited xith the City Clerk. Such bond, cash or governnent bonds ehall be in the amonnt of $5,000.00 for an ^on aalen license. SUch , insurance policy ahall be in the amoyut8 specified in S1�b- divlaion $ of this Section. 2. Approval o! Bond or Inaurance. The surety bonda or insurance pollcies required by Subdiviaion I of thia Section ahall be aubject to the approvai of tha City Ca�cil. . -17- 3. Procedure ulhere Cash oz Government Bonds are Used. If the applicant uses cash for security, it shall be deposited �ith the City Qlerk. If United States governmeot bonds are permitted and are used as such security, an assignment or . agreement shall accompany them and they'shall be filed with the City Clerk. The licensee shall be permitted to ciip and take all interest bearing coupons thereto attached as they become due. 4. Surety or Insurance Companies. The suraty on such bond� or the insurer on such liability insuranee policy, shall be a surety company or insurance company, as the case may be, duly licensed to do business in the State of Minnesota� and the bond and liability insurance policy shall be approved as to form and execution by the City Attorney. nll surety bonds or liability insurance polioies, when apnroved by the proper Ciby or State officers� ahall be deposited with the City Clerk. 5. Amovnt and Terms of Insurance. In the event a liability insurance policy is filed� such liability insurance policy shall be in the amount oY $50,ppp.pp coverage for one person and $100,OQT�coverage for more than one person, and shall specifically provide for the payment by the insurance company on behalf of the insured oi' all suns which the insured shall become obliged to pay by reseon of liability imposed upos� nia� by law for injuries or damages to persons, other ti�an employees, including the liability imposed upon the insured by reason of Section 3�10.9$� Minnesota Statutes, Such liability inuurance policy shall further provide thai no cancellation for any cause can be made eithertb the insured or the insurance company without first giving ten days� notice to the City in writing oY intention to cancel tho same, addres�ed to the City Clerk. Flirther, it ahall provide that no payment of any claim hy the insurance company shall, in any manner, decrease the coverage provided for in respect to any othnr claim or claims brought against the insured or company thereafter. Stxch policy shall be conditioned that the inaurar sha11 pay, to the extant of the principal amount oY the pol3cy, any damages forc�ath or injury.caused by, or resulting from tt� violation of any law relating to the busineas for r:hich such license has been granted. Tha licensea arid the City shall be named as joint insureds on the liability insurance policy. 6. Terma of Bo�xi, All such bnnda shall be conditioned aa folloirs: (a) The licenrsee rrill obey the law relating to the licenaed bi: ainess. r _�g_ (b) That the licensee will pxy to the City when due all taxes� license fees, penalt3ee and other char�as provided by law. (c) That in the event of violation of any law relating to the busiress for which the license has been granted for the „ sale of liquor, the bond and any part thereof, may be forfeited to ttce City, (d) That the licensee trill pay, to the extent of the principal amount of such bond, any damages for death or injury by� or resulting from, the violation oY any law relat�ng to the business for v:hich such license has been granted, and that euch recovery may be had also against the sureiy on his bond. 7. Eenefit of Eonds. Suah bonds shall be for the benefit of the City, as obligee, and of all persons suffering damages under the conditiona set forth in Subdivision 6. The amount specif`ied in any bond is declarsd to be a penalty, and the amount recoverable shall be measured by the acival damages. The surety shall not be liable in excess of the penal amount of the bond. In case of YorPeiture oY any bond for violation of the law� the District Court of Anol:a County may forfeit the penal sum of such bond to the City. " 8. Deposit of U. 5. Bo�s. . If United States government bonds are deposited with the Citp Clerk instead of a bond with a corporate surety, such bonds shall be accompanied by a properly executed assignment, in form approved by the City nttorney, assigning such government bonds to the City, to be held aubject to the cor�ditions, Yorfeiture and penalties provided by the lass of the State oY Minnesota and this Ordinance. Such assignment shall also contain a stipulation and agreement that such bonds shall remain w•ith the City Clerk, subject to the terms and cond itio n s of such assignment and such State laws, during the term af the license in connectlon with which such government bonds are deposited, and for 3 years thereaYter, at whioh time such government bonds may, with the approval of the City Council, be returned by the City Clerk to the lice�see. .. -... . , . . . r`_. -19- 9. Deposit of Cash, . Tn the evettt that applicant deposits cash in lieu of surety bond� the depoait of such cash ahall be accompa.nied by a written agreement and assignment upon the part of the licensee, � in form approved by the City p,ttorney, wherein the licensee asslgns such deposit to the City, to be held by the City Clerk subject to the conditions, forfeitures, and penalties required by the laws of the State oP Minnesota and this Ordinance, for the period of the licenso in connection with which such deposit is made, and for 3 years thereafter, at which time auch deposit may be returned; with the approval of the City Council� by the City Clerk to the licensee. 10. Affidavit Required for Return of U. S. Bonda or Cash, Upoa application for return of United Statea government bonds or cash as provided for in this Section, the licenrsee ahall file rrith the City Clerk an affidavit stating that no action or proceedings haa been co�enced in any Covrt for the forfeituro oP such bonds or deposit, or for damages to any peraon or persons under the terms andconditions thereoY, and that the licensee has no knoxledge oi anq exiating claim or cause oi action under the terms and conditiona of the ' 'aeaignment and agreement re2ating to such goverdment bonda or cash deposit. ' 9ection 17. Revocation. 1. The City Council may euspand or revoke any license for the eale of into�.cating liquor for the violation of any provision or�condition of thia Ordinance or of any State law or Federal laH regulating the sale oS intoxicating liquor, and shall • revoke such license for any rrillful violation which, under tha laxs oS the State ia grounds for mandatory revocation, and shell revoke for failvre to keep the bond, insurance or other deposit required bq Section 17 in full Porce and sffect. Except in the case of a suspension pending a hearing on revocation or svapenaion by the Council ahall be preceeded by ' rrritten notice to the licensee and a publiF hearing. The notice shall giae at least eight days� notice of the ti�e a� place oP the hearing and shall state the natvre of the chargea against the licensee. The Council, maq, without any notide, auspend any licenae pending a hearing on revocation for a period not exceeding 30 days. The notice may be served npon the licenaee personally or by leaving the same at the licenaed premiaes xith the person in charge thereof. No suapenaion ahall exceed 60 daqs, -20- $ection 18. Penalt . Any person violating any provision oi this nanoe a a be gvilty of a misdemaanor and upon conviction sha11 be puniahed hy 4 Pine of not more than Three Hundred and no hundredths „ ($300.00) Dollars or imprisonment for not more than 90 days. Section 19. Enlar ement alterations or F�ctension of Premisea. � Propose enlargement, alteration or extension of premiaes previously licensed Shall be reported to the City Clerk at or before the time application is uade Por a Building Permit for any such change. Section 20. I3censing of Fanployees. 1. Ho person shall work as a manager, bartender, coektail waitresa, clerk, or in any capacity where auch person sells or aerves intoxicating liquor on the premiaea licensed under thia Ordinance, and no licensee shall permit any such person to be so employed, unleas such person, withitt seven days aPter being firat employed, ehall apply for a licensa to.engage in sucK bubiness. No person nay be ao employed for any length of time if his license is denie8 or revoked. 2. An application for auch license shall be filed with the City Clerk npon forms provided by the City and auch application shall be veriPied under oath and shall contain the following informations ' (a) The names and addresses oY two residents oY the State of Minneaota, xho have known the applicant for a period oP two y�ears and who will vouch for the sobriety, honesty, and general good character of the applicant. (D) A conciae hiatory of the applicant�s previous emploqment. (c) The record, if anp, of arrests and of convictiona Por criioes and misdemeanors other than traSfic ofYensea. j. The anrmal license fee shall be $$.00 arid ahall be paid in advance. Al1 licenses shall expire on May 1. Applicationa for renewal of an exisiing license shall be made aL least 1$ days prior to the date oR the expiration of the license on auch Yorm as the City Council may approve. 4, The application shall be referred to the Pblice Departaent xhi.ch ahall inveatigate the facts set forth in bhe application arid made a written report thereon at the earliest , practicable time. IY the Poliue Departwent recommenda that auch person be licensed, the Citq Clerk ehall issue the licenae forthwith. If the Police Department makes a recommerxiation that the license not be iasued, the applicant, npon request, ahall be entitled to a hearing before the City Council and may offer evidence to prove the license should be iesued. -Z1- Z� . No person ahall be issued a lioenae if•it appears that he has commi.ited an aat which is a wi.11ful violation of Minnesota 5tatutes 3lt0.07 through 340.lt0. 6, Any license isaued hereunder may be revoked for any violation of this Ordinance or of Minnesota Statutes 340.07 through 3tt0.l�0 or for conviction of any crime or misdemeanor involv3ng moral turpitude. ` Section 21. Number of L3cenaes. The City of Fridley is hereby reatricted n ssuance o"On Sa e�' Liqvor licenses. That the number oF licenses iesued pursuant to Hinnesota Statutes 34Q353 ie one leas than the maximum number permited by Mfnnesota Statutes 3l�0.�3. That the purpose of this , restrfction is to enable the City to continue and expand the municipal _ "OPP Sale" operation. , ' Section 22, License Year. All liquor licensea ahall expire on May 1. 3eation 23. EffecLive Date. ?his Ordinanoe eha].1 be efYective upon adoption and publication. gv_FS�rzow,�i Shall the City of FY�idley be authorized to iasue "On Sale" Liquor Licenses to hotels and restavrants pursuant to (the "split liquor � bill� being) Minnesota Statutes 31t0.3$3? 0 � !. �l I'. I 9ea � n° � "£r- � • n